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SECTION 1. LIMIT ON AMOUNT OF NONCONSTITUENT CONTRIBUTIONS AND MULTICANDIDATE POLITICAL COMMITTEE CONTRIBUTIONS THAT A CANDIDATE MAY ACCEPT. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following: ``SEC. 324. LIMIT ON AMOUNT OF NONCONSTITUENT CONTRIBUTIONS AND POLITICAL ACTION COMMITTEE CONTRIBUTIONS THAT A CANDIDATE MAY ACCEPT. ``(a) Definition.--In this section, the term `nonconstituent source' means-- ``(1) an individual that is a resident of a State other than a candidate's State (in the case of a candidate for the Senate) or district (in the case of a candidate for the House of Representatives); ``(2) a multicandidate political committee that, during any calendar year, accepts from residents of a candidate's State contributions in an amount that is not more than 10 percent of the total amount of contributions accepted by the committee; and ``(3)(A) a separate segregated fund of a corporation that does not have an office in the candidate's State (in the case of a candidate for the Senate) or district (in the case of a candidate for the House of Representatives); and ``(B) a separate segregated fund of a labor organization, membership organization, or unincorporated cooperative not more than 10 percent of the members of which are residents of the candidate's State (in the case of a candidate for the Senate) or district (in the case of a candidate for the House of Representatives). ``(b) Prohibition.--A candidate for election to the Senate or House of Representatives, and the candidate's authorized committees, shall not accept for use in an election-- ``(1) an amount of contributions from nonconstituent sources that exceeds 33 percent of the total amount of contributions accepted by the candidate or candidate's authorized committees; or ``(2) an amount of contributions from multicandidate political committees and separate segregated funds that exceeds 20 percent of the total amount of contributions accepted by the candidate or candidate's authorized committees.''. SEC. 2. CONTROL OF CONTRIBUTIONS BY POLITICAL ACTION COMMITTEES. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) (as amended by section 1) is amended by adding at the end the following: ``SEC. 325. CONTROL OF CONTRIBUTIONS BY MULTICANDIDATE POLITICAL COMMITTEES AND SEPARATE SEGREGATED FUNDS. ``(a) In General.--It shall be unlawful for a multicandidate political committee or a separate segregated fund established under section 316(b) to make a contribution to or an expenditure on behalf of, or an expenditure in opposition to, a candidate or candidate's authorized committee, political party, or any other person unless the decision to make the contribution or expenditure is made by vote of the contributors to the multicandidate political committee or separate segregated fund conducted in accordance with the regulation issued by the Commission under subsection (b). ``(b) Regulation.-- ``(1) In general.--The regulation under subsection (a) shall require, at a minimum, that a multicandidate political committee or separate segregated fund-- ``(A) send to each of its contributors a form, in the form set forth in paragraph (2), for the contributor to return to the committee or fund that states the percentages in which the contributor desires the amount of contributions made by the contributor to be contributed to the party organizations and candidates of each political party; ``(B) make contributions and expenditures in accordance with the percentages specified by each contributor (unless a contributor specifies percentages that total more than or less than 100 percent, in which case contributions and expenditures shall be made to the parties for which percentages are specified pro rata); and ``(C) maintain the forms for a period of 5 years after the forms are returned to the committee and allow inspection of the forms by the Commission and by contributors to the committee or fund. ``(2) Form.--The form referred to in paragraph (1)(A) is as follows: ``MULTICANDIDATE POLITICAL COMMITTEE/SEPARATE SEGREGATED FUND CONTRIBUTOR PARTICIPATION FORM ``Please indicate what percentage of your contribution you want to go to the party organizations and/or candidates of each of the political parties listed below*: ``(List all political parties that are on the official ballot of the contributor's State): ``EXAMPLES ``____ Republican Party ``____ Democrat Party ``____ Libertarian Party ``____ Natural Law Party ``____ Reform Party ``____ American Independent Party ``____ Taxpayers' Party ``____ ________________ Party ``*If for any reason your specified percentages total more or less than 100 percent, your contribution will be allocated pro rata in accordance with your indicated choices. ``This form must be kept on file for 5 years by the multicandidate political committee or the separate segregated fund and is subject to inspection by the Federal Election Commission and by the contributors to the committee or the fund.''. SEC. 3. INCREASE IN INDIVIDUAL CONTRIBUTION LIMIT. Section 315(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)) is amended-- (1) in subsection (a)(1)(A) by striking ``$1,000'' and inserting ``$1,910''; and (2) by adding at the end the following: ``(9) Indexing.--The $1,910 amount under paragraph (1)(A) shall be increased as of the beginning of each calendar year based on the increase in the price index determined under subsection (c), except that the base period shall be calendar year 1996.''.

Amends the Federal Election Campaign Act of 1971 to limit the amount of nonconstituent contributions and political action committee contributions that a candidate for election to the Senate or House of Representatives, and the candidate's authorized committees, may accept for use in an election. Prohibits a multicandidate political committee or separated segregated fund from making contributions to or an expenditure on behalf of, or an expenditure in opposition to, a candidate or the candidate's authorized committee, political party, or any other person unless the decision is made by vote of the contributors. Sets forth the specifications of the multicandidate political committee or separate segregated fund contributor participation form. Increases the individual contribution limit.

{"src": "billsum_train", "title": "A bill to amend the Federal Election Campaign Act of 1971 to limit the amount of nonconstituent contributions that a candidate may accept, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Early Warning And Rapid Notification Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) Over 160,000 people were killed in the Indian Ocean region as a result of the tsunamis that occurred on December 26, 2004. (2) The Pacific Tsunami Warning Center in Hawaii detected the earthquake and knew of the potential threat of a tsunami in the Indian Ocean, but had no way to inform the countries in the most danger. (3) Even if such countries had the information about the tsunamis, some countries in the region would have had no way to warn people present on the coasts. (4) With as little as 15 minutes advance notice, people could have moved to higher ground, with a potential huge reduction in the death toll. (5) The United Nations reports that tens of thousands of people are killed and tens of billions of dollars of property are lost every year as a result of disasters, and states that early warning is one of the most effective ways to save lives and protect property. (6) The World Conference on Disaster Reduction announced the creation of the International Early Warning Program in January 2005, sponsored by multiple United Nations organizations. (7) The International Early Warning Program identified the following four elements of effective early warning systems: (A) Prior knowledge of the risks faced by communities. (B) Technical monitoring of hazards. (C) Getting understandable warnings to those at risk. (D) Knowledge and preparedness of how to act by those threatened by disasters. (8) The United States, acting through the United States Agency for International Development, contributed to the establishment of a typhoon early-warning system in Bangladesh. (9) The United States Agency for International Development's Office of Foreign Disaster Assistance has been funding the United Nations Development Program to help develop early warning communications systems for floods and coastal storms in Vietnam. SEC. 3. PURPOSE. The purpose of this Act is to establish a United States program to provide technological and financial support to foreign countries for development of effective public warning systems for all-hazard events, and to strengthen the existing lines of communications between countries for the dissemination of data relating to disasters. SEC. 4. DEFINITIONS. In this Act: (1) All-hazard event.--The term ``all-hazard event'' means an emergency or disaster resulting from-- (A) a natural disaster; or (B) an accident or intentional or negligent act that causes widespread damage or harm. (2) Effective public warning.--The term ``effective public warning'' means practical, comprehensible, and timely information given to all individuals threatened by an all- hazard event sufficient to enable them to act to protect their safety and well-being in a timely manner. SEC. 5. DISSEMINATION OF DATA RELATING TO ALL-HAZARD EVENTS BETWEEN AGENCIES AND COUNTRIES. (a) Study.-- (1) In general.--The Secretary of State, acting through the Assistant Secretary for Oceans, Environment and Science and in consultation with the officials described in paragraph (2), shall conduct a study that-- (A) determines the extent to which departments and agencies of the Government of the United States that receive or collect relevant data regarding all-hazard events that could have an impact on lives or property have well established procedures for disseminating that data to other United States Government departments and agencies; (B) evaluates the quality of communications links between the United States and agencies in foreign countries that would be responsible for disseminating information about all-hazard events to their citizens; and (C) examines the feasibility of the Department of State directly contacting foreign media organizations with information relating to all-hazard events if such information could be used to mitigate the effects of the hazards in foreign countries. (2) Officials.--The officials referred to in paragraph (1) are the Administrator of the United States Agency for International Development, the Administrator of the National Oceanic and Atmospheric Administration, the Administrator of the National Aeronautics and Space Administration, the Director of the United States Geological Survey, and the Director of the National Science Foundation, (b) Report.--Not later than 90 days after the date of enactment of this Act, the Secretary of State shall submit to the Committees on International Relations and Science of the House of Representatives and the Committees on Foreign Relations and Commerce, Science and Transportation of the Senate a report that contains-- (1) the results of the study conducted under subsection (a); and (2) recommendations for improving any deficiencies in the lines of communication uncovered in the study conducted under subsection (a), where such deficiencies decrease the ability for the United States to disseminate all-hazard event warnings between different departments and agencies of the United States Government, or between the United States Government and foreign governments. SEC. 6. ASSISTANCE FOR EFFECTIVE PUBLIC WARNING SYSTEMS IN FOREIGN COUNTRIES. (a) Assistance.--The President, acting through the Secretary of State and in coordination with the Administrator of the United States Agency for International Development, is authorized to provide assistance, including providing such assistance through the United Nations' International Early Warning Program or other international organizations, for programs that enhance the effective public warning capability of foreign countries. The goals of such programs should be to-- (1) provide assistance to establish and support the communications infrastructure necessary to provide effective public warnings; (2) provide technical expertise and training to foreign countries about risk assessment procedures and the design and deployment of effective public warning systems; and (3) establish public education campaigns that inform local populations about the proper ways to react to effective public warnings concerning all-hazard events so as to minimize the loss of life and property. (b) Research.--The Secretary of State, in cooperation with the Secretary of Homeland Security, the Chairman of the Federal Communications Commission, the Administrator of the National Telecommunications and Information Administration, and the heads of other appropriate departments and agencies of the United States Government, shall-- (1) ensure that the results of domestic research on effective public warning systems for all-hazard events are disseminated internationally, unless it is determined that such dissemination would be detrimental to the national security of the United States; (2) broaden the scope of research programs of warning system research programs established under sections 7403 and 7404 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) to include a component to investigate how the results of those research programs could be applied in other countries; (3) study evolving technologies for emergency warning systems (such as broadcast media, wireline and wireless telephones, other wireless devices, instant messaging via computer, and electronic bulletin boards) that could be used to provide effective public warning for all-hazard events in the United States and its territories and to international locations; and (4) work through the World Radio Conference and with other international forums and organizations to study the role of satellites, wireless technology, and radio frequency assignments in providing emergency alert systems. (c) Cooperation.--In carrying out this section, the Secretary of State shall, to the maximum extent possible, coordinate with the efforts of the United Nations' International Early Warning Program. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the President to carry out this Act $10,000,000 for each of fiscal years 2006 through 2010. (b) Availability.--Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until expended.

Early Warning And Rapid Notification Act of 2005 - Defines "all-hazard event" as an emergency or disaster resulting from: (1) a natural disaster; or (2) an accident or intentional or negligent act that causes widespread damage or harm. Directs the Secretary of State, through the Assistant Secretary for Oceans, Environment and Science, to report on: (1) the extent to which U.S. agencies that collect or receive all-hazard event data share such data with other U.S. agencies; (2) communications links between the United States and relevant foreign agencies; and (3) the feasibility of the Department of State directly contacting foreign media with all-hazard event information. Authorizes the President, through the Secretary, to provide assistance for programs that enhance the public warning capability of foreign countries. Directs the Secretary to coordinate with the United Nations' (UN) International Early Warning Program.

{"src": "billsum_train", "title": "To provide assistance for early warning systems in foreign countries."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Heart Disease Education, Analysis Research, and Treatment for Women Act'' or the ``HEART for Women Act''. SEC. 2. REPORTING OF DATA IN APPLICATIONS FOR DRUGS, BIOLOGICS, AND DEVICES. (a) Drugs.-- (1) New drug applications.--Section 505(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)) is amended-- (A) in paragraph (1), in the second sentence-- (i) by striking ``drug, and (G)'' and inserting ``drug; (G)''; and (ii) by inserting before the period the following: ``; and (H) the information required under paragraph (7)''; and (B) by adding at the end the following: ``(7)(A) With respect to clinical data in an application under this subsection, the Secretary may deny such an application if the application fails to meet the requirements of sections 314.50(d)(5)(v) and 314.50(d)(5)(vi)(a) of title 21, Code of Federal Regulations. ``(B) The Secretary shall modify the sections referred to in subparagraph (A) to require that an application under this subsection include any clinical data possessed by the applicant that relates to the safety or effectiveness of the drug involved by gender, age, and racial subgroup. ``(C) Promptly after approving an application under this subsection, the Secretary shall, through an Internet site of the Department of Health and Human Services, make available to the public the information submitted to the Secretary pursuant to subparagraphs (A) and (B), subject to sections 301(j) and 520(h)(4) of this Act, subsection (b)(4) of section 552 of title 5, United States Code (commonly referred to as the `Freedom of Information Act'), and other provisions of law that relate to trade secrets or confidential commercial information. ``(D) The Secretary shall develop guidance for staff of the Food and Drug Administration to ensure that applications under this subsection are adequately reviewed to determine whether the applications include the information required pursuant to subparagraphs (A) and (B).''. (2) Investigational new drug applications.--Section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) is amended-- (A) in paragraph (2), by striking ``Subject to paragraph (3),'' and inserting ``Subject to paragraphs (3) and (5),'' ; and (B) by adding at the end the following: ``(5)(A) The Secretary may place a clinical hold (as described in paragraph (3)) on an investigation if the sponsor of the investigation fails to meet the requirements of section 312.33(a) of title 21, Code of Federal Regulations. ``(B) The Secretary shall modify the section referred to in subparagraph (A) to require that reports under such section include any clinical data possessed by the sponsor of the investigation that relates to the safety or effectiveness of the drug involved by gender, age, and racial subgroup.''. (b) Biologics License Applications.--Section 351 of the Public Health Service Act (42 U.S.C. 262) is amended by adding at the end the following: ``(k) The provisions of section 505(b)(7) of the Federal Food, Drug, and Cosmetic Act (relating to clinical data submission) apply with respect to an application under subsection (a) of this section to the same extent and in the same manner as such provisions apply with respect to an application under section 505(b) of such Act.''. (c) Devices.-- (1) Premarket approval.--Section 515 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360e) is amended-- (A) in subsection (c)(1)-- (i) in subparagraph (G)-- (I) by moving the margin 2 ems to the left; and (II) by striking ``and'' after the semicolon at the end; (ii) by redesignating subparagraph (H) as subparagraph (I); and (iii) by inserting after subparagraph (G) the following subparagraph: ``(H) the information required under subsection (d)(7); and''; and (B) in subsection (d), by adding at the end the following paragraph: ``(7) To the extent consistent with the regulation of devices, the provisions of section 505(b)(7) (relating to clinical data submission) apply with respect to an application for premarket approval of a device under subsection (c) of this section to the same extent and in the same manner as such provisions apply with respect to an application for premarket approval of a drug under section 505(b).''. (2) Investigational devices.--Section 520(g)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360j(g)(2)) is amended by adding at the end the following subparagraph: ``(D) To the extent consistent with the regulation of devices, the provisions of section 505(i)(5) (relating to individual study information) apply with respect to an application for an exemption pursuant to subparagraph (A) of this paragraph to the same extent and in the same manner as such provisions apply with respect to an application for an exemption under section 505(i).''. (d) Rules of Construction.--This Act and the amendments made by this Act may not be construed-- (1) as establishing new requirements under the Federal Food, Drug, and Cosmetic Act relating to the design of clinical investigations that were not otherwise in effect on the day before the date of the enactment of this Act; or (2) as having any effect on the authority of the Secretary of Health and Human Services to enforce regulations under the Federal Food, Drug, and Cosmetic Act that are not expressly referenced in this Act or the amendments made by this Act. (e) Application.--This section and the amendments made by this section apply only with respect to applications received under section 505 or 515 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355, 360e) or section 351 of the Public Health Service Act (42 U.S.C. 262) on or after the date of the enactment of this Act. SEC. 3. REPORTING AND ANALYSIS OF PATIENT SAFETY DATA. (a) Data Standards.--Section 923(b) of the Public Health Service Act (42 U.S.C. 299b-23(b)) is amended by adding at the end the following: ``The Secretary shall provide that all nonidentifiable patient safety work product reported to and among the network of patient safety databases be stratified by sex.''. (b) Use of Information.--Section 923(c) of the Public Health Service Act (42 U.S.C. 299b-23(c)) is amended by adding at the end the following: ``Such analyses take into account data that specifically relates to women and any disparities between treatment and the quality of care between males and females.''. SEC. 4. QUALITY OF CARE REPORTS BY THE AGENCY FOR HEALTHCARE RESEARCH AND QUALITY. Section 903 of the Public Health Service Act (42 U.S.C. 299a-1) is amended-- (1) in subsection (b)(1)(B), by inserting before the semicolon the following: ``, and including quality of and access to care for women with heart disease, stroke, and other cardiovascular diseases''; and (2) in subsection (c), by adding at the end the following: ``(4) Annual report on women and heart disease.--Not later than September 30, 2011, and annually thereafter, the Secretary, acting through the Director, shall prepare and submit to Congress a report concerning the findings related to the quality of and access to care for women with heart disease, stroke, and other cardiovascular diseases. The report shall contain recommendations for eliminating disparities in, and improving the treatment of, heart disease, stroke, and other cardiovascular diseases in women.''. SEC. 5. EDUCATIONAL CAMPAIGNS. (a) Distribution of Educational Material.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall develop and distribute to females who are age 65 or older, physicians, and other appropriate healthcare professionals, educational materials relating to the prevention, diagnosis, and treatment of heart disease, stroke, and cardiovascular diseases in women. The Secretary may carry out this subsection through contracts with public and private nonprofit entities. (b) Healthcare Professional Educational Campaign.--The Secretary, acting through the Bureau of Health Professions of the Health Resources and Services Administration, shall conduct an education and awareness campaign for physicians and other healthcare professionals relating to the prevention, diagnosis, and treatment of heart disease, stroke, and other cardiovascular diseases in women. The Bureau of Health Professions may carry out this subsection through contracts with public and private nonprofit entities. SEC. 6. EXTENSION OF WISEWOMAN PROGRAM. Section 1509 of the Public Health Service Act (42 U.S.C. 300n-4a) is amended-- (1) in subsection (a)-- (A) by striking the heading and inserting ``In General.--''; and (B) in the matter preceding paragraph (1), by striking ``may make grants'' and all that follows through ``purpose'' and inserting the following: ``may make grants to such States for the purpose''; and (2) in subsection (d)(1), by striking ``there are authorized'' and all that follows through the period and inserting ``there are authorized to be appropriated $70,000,000 for fiscal year 2010, $73,500,000 for fiscal year 2011, $77,000,000 for fiscal year 2012, $81,000,000 for fiscal year 2013, and $85,000,000 for fiscal year 2014.''.

Heart Disease Education, Analysis Research, and Treatment for Women Act or the HEART for Women Act - Amends the Federal Food, Drug, and Cosmetic Act to allow the Secretary of Health and Human Services to deny a new drug application if the application fails to include required information on clinical investigations. Directs the Secretary to: (1) require that a new drug application include any clinical data possessed by the applicant that relates to the safety and effectiveness of the drug involved by gender, age, and racial subgroup; and (2) develop guidance for the staff of the Food and Drug Administration (FDA) to ensure that new drug applications are adequately reviewed to determine whether they include the required clinical data. Authorizes the Secretary to place a clinical hold on an investigation under an investigational new drug application if the sponsor of the investigation fails to meet the requirements of an annual report on the status of each study in progress. Applies provisions relating to clinical data submission for new drug applications to applications for an investigational new drug, a biologics license for a biological product, premarket approval for a class III device, and investigational use of a device. Amends the Public Health Service Act to require the Secretary to provide that all nonidentifiable patient safety work product reported to and among the network of patient safety databases be identified by sex. Directs that analyses of statistics of information reported to the network of patient safety databases take into account data that specifically relates to women and any disparities between treatment and the quality of care between males and females. Requires the Director of the Agency for Healthcare Research and Quality to support research and demonstrations to identify and evaluate clinical and organizational strategies to improve the quality of and access to care for women with heart disease, stroke, and other cardiovascular diseases. Requires the Secretary to: (1) distribute to females age 65 or older and appropriate health care professionals educational materials relating to the prevention diagnosis and treatment of heart disease, stroke, and cardiovascular diseases in women; and (2) conduct an education and awareness campaign for health care professionals relating to such diagnosis and treatment. Expands the grant program authorizing the Secretary to award grants for preventive health services to all states.

{"src": "billsum_train", "title": "A bill to amend the Federal Food, Drug, and Cosmetic Act and the Public Health Service Act to improve the prevention, diagnosis, and treatment of heart disease, stroke, and other cardiovascular diseases in women."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil War Sesquicentennial Commission Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) The American Civil War was a defining experience in the development of the United States. (2) The people of the United States continue to struggle with issues of race, civil rights, the politics of federalism, and heritage which are legacies of the Civil War and Reconstruction. (3) There is a resurgence of interest in the Civil War that is evidenced by the multitude of publications, exhibits, reenactments, research organizations, Internet and multimedia resources, historic parks, and preservation associations focused on the Civil War. (4) The years 2011 through 2015 mark the sesquicentennial of the Civil War. (5) The sesquicentennial of the Civil War presents a significant opportunity for Americans to recall and reflect upon the Civil War and its legacy in a spirit of reconciliation and reflection. (6) The United States Civil War Center at Louisiana State University, Louisiana, and the Civil War Institute at Gettysburg College, Pennsylvania, have been designated by the Federal Government to plan and facilitate the commemoration of the sesquicentennial of the Civil War. (7) The State of Virginia-- (A) witnessed more Civil War military engagements on its soil than any other State; (B) hosts more historic sites related to the Civil War than any other State; and (C) is home to the Pamplin Historical Park and the National Museum of the Civil War Soldier and the Virginia Center for Civil War Studies at Virginia Polytechnic Institute and State University, both of which are nationally recognized centers of expertise in the study of the Civil War. (8) The African American Civil War Museum located in Washington, DC, is the only museum in the Nation dedicated to the study and understanding of the role of African Americans in the Civil War. (b) Purpose-.-- The purpose of this Act is to establish a Civil War Sesquicentennial Commemoration Commission to-- (1) ensure a suitable national observance of the sesquicentennial of the Civil War; (2) cooperate with and assist States and national organizations with programs and activities for the observance of the sesquicentennial of the Civil War; (3) assist in ensuring that any observance of the sesquicentennial of the Civil War is inclusive and appropriately recognizes the experiences and points of view of all people affected by the Civil War; and (4) provide assistance for the development of programs, projects, and activities on the Civil War that have lasting educational value. SEC. 3. CIVIL WAR SESQUICENTENNIAL COMMEMORATION COMMISSION. The Secretary of the Interior shall establish a commission to be known as the Civil War Sesquicentennial Commemoration Commission (hereafter in this Act referred to as the ``Commission''). SEC. 4. COMPOSITION OF THE COMMISSION. (a) In General.--The Commission shall be composed of 25 members as follows: (1) Government members.--The Commission shall include-- (A) 2 Members of the House of Representatives appointed by the Speaker of the House of Representatives; (B) 2 Members of the Senate appointed by the President pro tempore of the Senate, in consultation with the majority leader and the minority leader of the Senate; (C) the Secretary of the Interior or the designee of the Secretary; (D) the Secretary of the Smithsonian Institution, or the designee of the Secretary; (E) the Secretary of the Department of Education, or the designee of the Secretary; (F) the Chairman of the National Endowment for the Humanities, or the designee of the Chairman; (G) the Archivist of the United States, or the designee of the Archivist; (H) the Librarian of Congress, or the designee of the Librarian; and (I) the Director of the National Park Service, or the designee of the Director. (2) Private members.--The Commission shall include-- (A) 5 members appointed by the President from among individuals who are representative of the corporate community; and (B) 9 individuals, appointed by the President, from among persons who by reason of education, training, and experience, are experts on the Antebellum, Civil War, and Reconstruction eras, including-- (i) 6 individuals with expertise in history; (ii) 1 individual with specific expertise in art history, historic preservation, or a related field; (iii) 1 individual with expertise in anthropology, cultural geography, sociology, or a related field; and (iv) 1 individual with expertise in political science, law, economics, or a related field. (b) Terms.--Members shall be appointed for the life of the Commission. (c) Vacancies.--Any vacancy in the Commission shall not affect its powers, and shall be filled in the same manner as the original appointment. (d) Initial Appointments.--The appointment of the members of the Commission shall be made not later than 60 days after the date of the enactment of this Act. SEC. 5. GENERAL PROVISIONS. (a) Meetings.-- (1) Initial meeting.--Not later than 60 days after the date on which all members of the Commission have been appointed, the members appointed under subparagraphs (A) and (B) of section 4(a)(2) shall call the first meeting of the Commission. (2) Subsequent meetings.--The Commission shall hold subsequent meetings at the call of the chairperson. (b) Chairperson and Vice Chairperson.--At the initial meeting, the Commission shall elect a Chairperson and Vice Chairperson from among its voting members. (c) Quorum.--A majority of voting members shall constitute a quorum, but a lesser number may hold meetings. (d) Voting.-- (1) In general.--The Commission shall act only on an affirmative vote of a majority of the voting members of the Commission. (2) Nonvoting members.--The individuals appointed under subparagraphs (A) and (B) of section 4(a)(1) shall be nonvoting members, and shall serve only in an advisory capacity. SEC. 6. DUTIES OF THE COMMISSION. (a) Activities Related to the Sesquicentennial.--The Commission shall-- (1) plan, develop, and carry out programs and activities appropriate to commemorate the sesquicentennial of the Civil War; (2) encourage interdisciplinary examination of the Civil War; (3) facilitate Civil War-related activities throughout the United States; (4) encourage civic, historical, educational, economic, and other organizations throughout the United States to organize and participate in activities to expand the understanding and appreciation of the significance of the Civil War; (5) coordinate and facilitate the public distribution of scholarly research, publications, and interpretations of the Civil War; (6) provide technical assistance to States, localities, and nonprofit organizations to further the commemoration of the sesquicentennial of the Civil War; (7) develop programs and facilities to ensure that the sesquicentennial commemoration of the Civil War results in a positive legacy and long-term public benefit; and (8) encourage the development and conduct of programs designed to involve the international community in activities that commemorate the Civil War. (b) Plans and Report.-- (1) Strategic plan and annual performance plans.--The Commission shall prepare a strategic plan in accordance with section 306 of title 5, United States Code, and annual performance plans in accordance with section 1115 of title 31, United States Code, for the activities of the Commission carried out under this Act. (2) Reports.-- (A) Annual report.--The Commission shall submit to Congress an annual report that contains a list of each gift, bequest, or devise with a value of more than $250, together with the identity of the donor of each such gift, bequest, or devise. (B) Final report.--Not later than December 30, 2015, the Commission shall submit to Congress a final report that contains-- (i) a summary of activities of the Commission; (ii) a final accounting of funds received and expended by the Commission; and (iii) the findings and recommendations of the Commission. SEC. 7. GRANT PROGRAM. (a) Grants Authorized.--The National Endowment for the Humanities shall award grants under this section for the uses described in subsection (b). (b) Use of Grants.--Grants awarded under this section shall be used for appropriate activities relating to the sesquicentennial of the Civil War. (c) Consideration.--In awarding grants under this section, the National Endowment of the Humanities shall consider established university, museum, or academic programs with national scope that sponsor multidisciplinary projects, including those that concentrate on the role of African Americans in the Civil War. SEC. 8. POWERS OF THE COMMISSION. (a) In General.--The Commission may-- (1) solicit, accept, use, and dispose of gifts, bequests, or devises of money or other real or personal property for the purpose of aiding or facilitating the work of the Commission; (2) appoint any advisory committee as the Commission considers appropriate for the purposes of this Act; (3) authorize any voting member or employee of the Commission to take any action that the Commission is authorized to take under this Act; (4) procure supplies, services, and property, and make or enter into contracts, leases, or other legal agreements to carry out this Act (except that any contracts, leases, or other legal agreements entered into by the Commission shall not extend beyond the date of the termination of the Commission); and (5) use the United States mails in the same manner and under the same conditions as other Federal agencies. SEC. 9. PERSONNEL MATTERS. (a) Compensation of Members.--Members of the Commission, and members of any advisory committee appointed under section 8(a)(2), shall serve without compensation. (b) Travel Expenses.--Members of the Commission, and members of any advisory committees appointed under section 8(a)(2), shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission. (c) Staff.-- (1) In general.--The Chairperson of the Commission may, without regard to civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as are necessary to enable the Commission to perform the duties of the Commission. (2) Confirmation of executive director.--The employment of an executive director shall be subject to confirmation by the Commission. (3) Compensation.-- (A) In general.--Except as provided in subparagraph (B), the Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (B) Maximum rate of pay.--The rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (d) Detail of Government Employees.-- (1) In general.--At the request of the Commission, the head of any Federal agency may detail, on a reimbursable or nonreimbursable basis, any of the personnel of the agency to the Commission to assist the Commission in carrying out the duties of the Commission under this Act. (2) Civil service status.--The detail of an employee under paragraph (1) shall be without interruption or loss of civil service status or privilege. (e) Volunteer and Uncompensated Services.-- Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines necessary. (f) Support Services.--The Director of the National Park Service shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request. (g) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at daily rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (h) FACA Nonapplicability.--Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (i) Termination.--The Commission shall terminate on the date that is 90 days after the date on which the Commission submits its report under section 6(b)(2). SEC. 10. AUDIT OF COMMISSION. The Inspector General of the Department of the Interior shall perform an annual audit of the Commission and shall make the results of the audit available to the public. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act (other than section 7) $200,000 for each of the fiscal years 2005 through 2016. (b) Grants.--There is authorized to be appropriated $3,500,000 to the National Endowment for the Humanities to provide grants under section 7, to remain available until expended.

Civil War Sesquicentennial Commission Act - Directs the Secretary of the Interior to establish a Civil War Sesquicentennial Commission to plan, develop, and carry out programs and activities appropriate to commemorate the sesquicentennial of the Civil War, and to carry out other specified duties. Directs the National Endowment for the Humanities to award grants for appropriate activities relating to the Civil War sesquicentennial, and to consider for such grants university, museum, or academic programs with national scope that sponsor multidisciplinary projects, including those that concentrate on the role of African Americans in the Civil War.

{"src": "billsum_train", "title": "To establish a commission to commemorate the sesquicentennial of the American Civil War."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veteran Urgent Access to Mental Healthcare Act''. SEC. 2. EXPANSION OF MENTAL HEALTH CARE FOR CERTAIN FORMER MEMBERS OF THE ARMED FORCES. (a) In General.--Chapter 17 of title 38, United States Code, is amended by inserting after section 1720H the following new section: ``Sec. 1720I. Expansion of mental health care for certain former members of the Armed Forces ``(a) In General.--The Secretary shall furnish to former members of the Armed Forces described in subsection (b)-- ``(1) an initial mental health assessment; and ``(2) the mental health care services authorized under this chapter that the Secretary determines are required to treat the mental health care needs of the former member, including risk of suicide or harming others. ``(b) Former Members of the Armed Forces Described.--A former member of the Armed Forces described in this subsection is an individual who meets the following criteria: ``(1) The individual is a former member of the Armed Forces, including the reserve components, who-- ``(A) served in the active military, naval, or air service, and was discharged or released therefrom under a condition that is not honorable except-- ``(i) dishonorable; or ``(ii) bad conduct discharge; ``(B) has applied for a character of service determination and such determination has not been made; and ``(C) is not otherwise eligible to enroll in the health care system established by section 1705 of this title by reason of such discharge or release not meeting the requirements of section 101(2) of this title. ``(2) While serving in the Armed Forces-- ``(A) the former member was deployed in a theater of combat operations or an area at a time during which hostilities occurred in that area; ``(B) participated in or experienced such combat operations or hostilities, including by controlling an unmanned aerial vehicle from a location other than such theater or area; or ``(C) was the victim of a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment (as defined in section 1720D(f) of this title). ``(c) Non-Department Care.--(1) In furnishing mental health care services to an individual under this section, the Secretary may provide such mental health care services at a non-Department facility if-- ``(A) in the judgment of a mental health professional employed by the Department, the receipt of mental health care services by that individual in facilities of the Department would be clinically inadvisable; or ``(B) facilities of the Department are not capable of furnishing such mental health care services to that individual economically because of geographical inaccessibility. ``(2) The Secretary shall carry out paragraph (1) pursuant to section 1703 of this title or any other provision of law authorizing the Secretary to enter into contracts or agreements to furnish hospital care and medical services to veterans at non-Department facilities. ``(d) Setting and Referrals.--In furnishing mental health care services to an individual under this section, the Secretary shall-- ``(1) seek to ensure that such mental health care services are furnished in a setting that is therapeutically appropriate, taking into account the circumstances that resulted in the need for such mental health care services; and ``(2) provide referral services to assist former members who are not eligible for services under this chapter to obtain services from sources outside the Department. ``(e) Information.--The Secretary shall provide information on the mental health care services available under this section. Efforts by the Secretary to provide such information-- ``(1) shall include availability of a toll-free telephone number (commonly referred to as an 800 number); ``(2) shall ensure that information about the mental health care services available under this section-- ``(A) is revised and updated as appropriate; ``(B) is made available and visibly posted at appropriate facilities of the Department; and ``(C) is made available to State veteran agencies and through appropriate public information services; and ``(3) shall include coordination with the Secretary of Defense seeking to ensure that members of the Armed Forces and individuals who are being separated from active military, naval, or air service are provided appropriate information about programs, requirements, and procedures for applying for mental health care services under this section. ``(f) Annual Reports.--Each year, the Secretary shall submit to Congress an annual report on the mental health care services provided pursuant to this section. Each report shall include data for the year covered by the report with respect to each of the following: ``(1) The number of individuals who received mental health care services under subsection (a), disaggregated by the number of men who received such services and the number of women who received such services. ``(2) Such other information as the Secretary considers appropriate.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of title 38, United States Code, is amended by inserting after the item relating to section 1720H the following new item: ``1720I. Expansion of mental health care for certain former members of the Armed Forces.''. SEC. 3. CHARACTER OF SERVICE DETERMINATIONS. (a) In General.--Chapter 53 of title 38, United States Code, is amended by inserting after section 5303A the following new section: ``Sec. 5303B. Character of service determinations ``(a) Determination.--The Secretary shall establish a process by which an individual who served in the Armed Forces and was discharged or dismissed therefrom may seek a determination from the Secretary with respect to whether such discharge or release was under a condition that bars the right of such individual to a benefit under the laws administered by the Secretary based upon the period of service from which discharged or dismissed. ``(b) Provision of Information.--If the Secretary determines under subsection (a) that an individual is barred to a benefit under the laws administered by the Secretary, the Secretary shall provide to such individual information regarding the ability of the individual to address such condition, including pursuant to section 5303 of this title and chapter 79 of title 10.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 5303A the following new item: ``5303B. Character of service determinations.''. Passed the House of Representatives November 7, 2017. Attest: KAREN L. HAAS, Clerk.

Veteran Urgent Access to Mental Healthcare Act (Sec. 2) This bill directs the Department of Veterans Affairs (VA) to furnish to former members of the Armed Forces: (1) an initial mental health assessment; and (2) the mental health care services required to treat the member's urgent mental health care needs, including risk of suicide or harming others. A former member of the Armed Forces is an individual who: served in the active military, naval, or air service, was discharged or released under a condition less than honorable (except a dishonorable or bad conduct discharge), has applied for a character of service determination that has not yet been made, and is not otherwise eligible to enroll in the VA health care system by reason of such discharge or release; or while serving in the Armed Forces, was deployed in a theater of combat operations or an area at a time during which hostilities occurred in that area, participated in or experienced such combat operations or hostilities (including by controlling an unmanned aerial vehicle from a location other than such theater or area), or was the victim of a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment. The VA may provide such mental health care services at a non-VA facility if: (1) the receipt of mental health care services by an individual in VA facilities would be clinically inadvisable, or (2) VA facilities are not capable of furnishing such mental health care services to that individual economically because of geographical inaccessibility. The VA shall: (1) seek to ensure that such mental health care services are furnished in a therapeutically appropriate setting, and (2) provide referral services to assist former members who are not eligible for such VA services in obtaining services from non-VA sources. (Sec. 3) The VA shall establish a process by which an individual who was discharged from the Armed Forces can seek a VA determination as to whether the discharge was under a condition barring the individual from receiving a VA benefit. If the VA determines that the individual is so barred, the VA shall provide such individual with information regarding his or her ability to address such condition.

{"src": "billsum_train", "title": "Veteran Urgent Access to Mental Healthcare Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Missouri River Enhancement and Monitoring Act of 2002''. SEC. 2. DEFINITIONS. In this Act: (1) Center.--The term ``Center'' means the River Studies Center of the Biological Resources Division of the United States Geological Survey, located in Columbia, Missouri. (2) Committee.--The term ``Committee'' means the Missouri River Basin Stakeholder Committee established under section 4(a). (3) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). (4) Program.--The term ``program'' means the Missouri River monitoring and research program established under section 3(a). (5) River.--The term ``River'' means the Missouri River. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Biological Resources Division of the United States Geological Survey. (7) State.--The term ``State'' means-- (A) the State of Iowa; (B) the State of Kansas; (C) the State of Missouri; (D) the State of Montana; (E) the State of Nebraska; (F) the State of North Dakota; (G) the State of South Dakota; and (H) the State of Wyoming. (8) State agency.--The term ``State agency'' means an agency of a State that has jurisdiction over fish and wildlife of the River. SEC. 3. MISSOURI RIVER MONITORING AND RESEARCH PROGRAM. (a) Establishment.--Not later than 1 year after the date of enactment of this Act, the Secretary shall establish the Missouri River monitoring and research Program-- (1)(A) to coordinate the collection of information on the biological and water quality characteristics of the River; and (B) to evaluate how those characteristics are affected by hydrology; (2) to coordinate the monitoring and assessment of biota (including threatened or endangered species) and habitat of the River; and (3) to make recommendations on means to assist in restoring the ecosystem of the River. (b) Consultation.--In establishing the program under subsection (a), the Secretary shall consult with-- (1) the Biological Resources Division of the United States Geological Survey; (2) the Director of the United States Fish and Wildlife Service; (3) the Chief of Engineers; (4) the Western Area Power Administration; (5) the Administrator of the Environmental Protection Agency; (6) the Governors of the States, acting through-- (A) the Missouri River Natural Resources Committee; and (B) the Missouri River Basin Association; and (7) the Indian tribes of the Missouri River Basin. (c) Administration.--The Center shall administer the program. (d) Activities.--In administering the program, the Center shall-- (1) establish a baseline of conditions for the River against which future activities may be measured; (2) monitor biota (including threatened or endangered species), habitats, and the water quality of the River; (3) if initial monitoring carried out under paragraph (2) indicates that there is a need for additional research, carry out any additional research appropriate to-- (A) advance the understanding of the ecosystem of the River; and (B) assist in guiding the operation and management of the River; (4) use any scientific information obtained from the monitoring and research to assist in the recovery of the threatened species and endangered species of the River; and (5) establish a scientific database that shall be-- (A) coordinated among the States and Indian tribes of the Missouri River Basin; and (B) readily available to members of the public. (e) Contracts With Indian Tribes.-- (1) In general.--Notwithstanding any other provision of law, the Secretary shall enter into contracts in accordance with section 102 of the Indian Self-Determination Act (25 U.S.C. 450f) with Indian tribes that have-- (A) reservations located along the River; and (B) an interest in monitoring and assessing the condition of the River. (2) Requirements.--A contract entered into under paragraph (1) shall be for activities that-- (A) carry out the purposes of this Act; and (B) complement any activities relating to the River that are carried out by-- (i) the Center; or (ii) the States. (f) Monitoring and Recovery of Threatened Species and Endangered Species.--The Center shall provide financial assistance to the United States Fish and Wildlife Service and State agencies to monitor and recover threatened species and endangered species, including monitoring the response of pallid sturgeon to reservoir operations on the mainstem of the River. (g) Grant Program.-- (1) In general.--The Center shall carry out a competitive grant program under which the Center shall provide grants to States, Indian tribes, research institutions, and other eligible entities and individuals to conduct research on the impacts of the operation and maintenance of the mainstem reservoirs on the River on the health of fish and wildlife of the River, including an analysis of any adverse social and economic impacts that result from reoperation measures on the River. (2) Requirements.--On an annual basis, the Center, the Director of the United States Fish and Wildlife Service, the Director of the United States Geological Survey, and the Missouri River Natural Resources Committee, shall-- (A) prioritize research needs for the River; (B) issue a request for grant proposals; and (C) award grants to the entities and individuals eligible for assistance under paragraph (1). (h) Allocation of Funds.-- (1) Center.--Of amounts made available to carry out this section, the Secretary shall make the following percentages of funds available to the Center: (A) 35 percent for fiscal year 2003. (B) 40 percent for fiscal year 2004. (C) 50 percent for each of fiscal years 2005 through 2017. (2) States and indian tribes.--Of amounts made available to carry out this section, the Secretary shall use the following percentages of funds to provide assistance to States or Indian tribes of the Missouri River Basin to carry out activities under subsection (d): (A) 65 percent for fiscal year 2003. (B) 60 percent for fiscal year 2004. (C) 50 percent for each of fiscal years 2005 through 2017. (3) Use of allocations.-- (A) In general.--Of the amount made available to the Center for a fiscal year under paragraph (1)(C), not less than-- (i) 20 percent of the amount shall be made available to provide financial assistance under subsection (f); and (i) 33 percent of the amount shall be made available to provide grants under subsection (g). (B) Administrative and other expenses.--Any amount remaining after application of subparagraph (A) shall be used to pay the costs of-- (i) administering the program; (ii) collecting additional information relating to the River, as appropriate; (iii) analyzing and presenting the information collected under clause (ii); and (iv) preparing any appropriate reports, including the report required by subsection (i). (i) Report.--Not later than 3 years after the date on which the program is established under subsection (a), and not less often than every 3 years thereafter, the Secretary, in cooperation with the individuals and agencies referred to in subsection (b), shall-- (1) review the program; (2) establish and revise the purposes of the program, as the Secretary determines to be appropriate; and (3) submit to the appropriate committees of Congress a report on the environmental health of the River, including-- (A) recommendations on means to assist in the comprehensive restoration of the River; and (B) an analysis of any adverse social and economic impacts on the River, in accordance with subsection (g)(1). SEC. 4. MISSOURI RIVER BASIN STAKEHOLDER COMMITTEE. (a) Establishment.--Not later than 1 year after the date of enactment of this Act, the Governors of the States and the governing bodies of the Indian tribes of the Missouri River Basin shall establish a committee to be known as the ``Missouri River Basin Stakeholder Committee'' to make recommendations to the Federal agencies with jurisdiction over the River on means of restoring the ecosystem of the River. (b) Membership.--The Governors of the States and governing bodies of the Indian tribes of the Missouri River Basin shall appoint to the Committee-- (1) representatives of-- (A) the States; and (B) Indian tribes of the Missouri River Basin; (2) individuals in the States with an interest in or expertise relating to the River; and (3) such other individuals as the Governors of the States and governing bodies of the Indian tribes of the Missouri River Basin determine to be appropriate. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary-- (1) to carry out section 3-- (A) $6,500,000 for fiscal year 2003; (B) $8,500,000 for fiscal year 2004; and (C) $15,100,000 for each of fiscal years 2005 through 2017; and (2) to carry out section 4, $150,000 for fiscal year 2003.

Missouri River Enhancement and Monitoring Act of 2002 - Directs the Secretary of the Interior, acting through the Biological Resources Division of the U.S. Geological Survey, to establish the Missouri River monitoring and research program to: (1) coordinate the collection of information on the biological and water quality characteristics of the Missouri River and evaluate how those characteristics are affected by hydrology; (2) coordinate the monitoring and assessment of biota (including threatened or endangered species) and habitat of the River; and (3) make recommendations on means to assist in restoring the River's ecosystem.Designates the River Studies Center of that Division, located in Columbia, Missouri, to administer the program. Directs the Center to: (1) assist in the recovery of the threatened and endangered species of the River; (2) establish a scientific database; (3) enter into contracts with Indian tribes that have reservations along the River for activities supporting this Act; (4) provide financial assistance to the U.S. Fish and Wildlife Service and State agencies to monitor and recover threatened and endangered species; and (5) carry out a competitive grant program for research on the impacts of the operation and maintenance of the River's mainstem reservoirs on the health of fish and wildlife.Requires the Center, the Directors of the Fish and Wildlife Service and of the Geological Survey, and the Missouri River Natural Resources Committee to: (1) prioritize research needs; (2) issue a request for grant proposals; and (3) award grants.Directs the Governors of specified States and the governing bodies of the Indian tribes of the Missouri River Basin to establish a Missouri River Basin Stakeholder Committee to make recommendations to Federal agencies on means of restoring the River's ecosystem.

{"src": "billsum_train", "title": "A bill to direct the Secretary of the Interior to establish the Missouri River Monitoring and Research Program, to authorize the establishment of the Missouri River Basin Stakeholder Committee, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Office Worker Protection Act of 2000''. SEC. 2. APPLICATION OF OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 TO HOME OFFICE EMPLOYMENT. (a) Regulations Required.--The Secretary of Labor shall issue regulations specifying the application of the Occupational Safety and Health Act of 1970 to workplaces located in the residence of an employee who is engaged in-- (1) home office employment; or (2) types of employment other than home office employment. (b) Content.--The regulations required by subsection (a) shall include-- (1) a description of the types of employment conducted in the residence of the employee encompassed by the term ``other than home office employment'' such as-- (A) the manufacture, assembly (including disassembly), or processing of goods for commerce; or (B) employment which requires an employee to be regularly exposed to a toxic or hazardous substance in excess of an exposure limitation specified in regulations of the Secretary of Labor published at subpart Z of part 1910 of title 29, Code of Federal Regulations; (2) a prohibition on conducting an inspection of a worksite located in the residence of an employee engaged in home office employment; and (3) the action to be taken when a complaint or referral is received by the Occupational Safety and Health Administration which indicates that a violation of a safety or health standard exists which threatens physical harm or exposes an employee to an imminent danger at a worksite located in the residence of an employee who is engaged in types of employment other than home office employment. (c) Maximizing Public Participation in the Formulation of Implementing Regulations.-- (1) Notice and comment rulemaking.--The Secretary of Labor shall implement the regulations required by subsection (a) by means of a rule promulgated pursuant to section 553 of title 5, United States Code. (2) Fostering maximum public participation.--In addition to such other means as the Secretary deems appropriate, the Secretary shall seek to maximize public participation by-- (A) utilizing an advance notice of proposed rule making; (B) announcing the publication of the advance notice of proposed rulemaking and the proposed rule through additional means, especially electronic means, designed to reach affected workers and the firms that employ them; (C) making the text of the advance notice of proposed rulemaking and of the proposed rule available through electronic means; and (D) providing not less than 60 days for public comment on the proposed rule. (d) Required Regulatory Schedule.-- (1) Time for issuance of advance notice of proposed rulemaking.--The Secretary shall issue an advance notice of proposed rulemaking pertaining to the formulation of regulations under subsection (a) within 30 days of the date of enactment of this Act. (2) Issuance of final regulation.--The Secretary shall issue the final regulations within 510 days of the date of enactment of this Act, specifying an effective date that is 30 days after the date of publication of such final regulation. SEC. 3. AMENDMENT TO OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970. (a) Application to Home Office Employment.--Section 4(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653(b)) is amended by adding at the end the following: ``(5)(A) Except as provided in subparagraphs (B), (C) and (D), nothing in this Act shall apply to home office employment performed in a workplace located in the residence of the employee engaged in such employment. ``(B) Pursuant to section 8 and its implementing regulations, employers shall report work-related injuries and illnesses sustained by an employee engaged in home office employment. ``(C) Pursuant to sections 9 and 10, the Secretary may impose sanctions for a failure of an employer to report a work-related injury or illness sustained by an employee engaged in home office employment, subject to review of such sanctions pursuant to sections 11 and 12. ``(D) Pursuant to section 21(c), the Secretary may make available information and standards to employees and employers in the recognition, avoidance, and prevention of unsafe or unhealthful working conditions appropriate for home office employment.''. (b) Definition.--Section 3 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 652) is amended by adding at the end the following: ``(15) The term home office employment means providing professional, technical, clerical, or similar types of services utilizing information technology and other types of equipment used in an office work setting located in the residence of an employee.''. (c) Implementing Regulations Promulgated Through Notice and Comment Rulemaking.--The Secretary of Labor shall implement subsections (a) and (b) and the amendments made by such sections by means of a rule promulgated pursuant to section 553 of title 5, United States Code. (d) Content of the Regulations.--In addition to such matters as the Secretary may deem appropriate, the regulations required by subsection (c) shall specify the extent of the application of the Occupational Safety and Health Act of 1970 to workplaces located in the residence of an employee if the employee is engaged in-- (1) home office employment; or (2) types of employment other than home office employment. (e) Maximizing Public Participation in the Formulation of Required Regulations.--In addition to such other means as the Secretary deems appropriate, the Secretary shall, in promulgation of the regulations under subsection (c) of this Section, maximize public participation by -- (1) utilizing an advance notice of proposed rulemaking; (2) announcing the publication of the advance notice of proposed rulemaking and the proposed rule through additional means, especially electronic means, designed to reach affected workers and the firms that employ them; (3) making the text of the advance notice or proposed rulemaking and of the proposed rule available through electronic means; and (4) providing not less than 60 days for public comment on the proposed rule. (f) Effective Dates.--If final regulations are not issued under section 2(d)(2), the amendment to the Act made by subsection (a) and the requirement to issue regulations pursuant to subsection (b) shall become effective on the date on which such final regulations were required to be issued. SEC. 4. RULE OF CONSTRUCTION. Nothing in this Act is intended to affect the continued effectiveness of the instruction issued by the Assistant Secretary of Labor for Occupational Safety and Health, identified as Occupational Safety and Health Administration Instruction Number CPL2-0.125, entitled ``Home-based Worksites'', and effective February 25, 2000, until such time as regulations are issued under section 2(a) or 3(b). SEC. 5. DEFINITION. For purposes of section 2 of this Act, the term ``home office employment'' means providing professional, technical, clerical, or similar services utilizing information technology and other type of equipment used in an office work setting located in the residence of an employee.

Requires such regulations to: (1) describe the types of non-home-office employee residence work (such as manufacture, assembly, disassembly, or processing of goods for commerce, or employment requiring regular exposure to a toxic or hazardous substance in excess of an exposure limitation in specified regulations); (2) prohibit inspections of home office worksites; and (3) specify the action to be taken when a complaint or referral is received by the Occupational Safety and Health Administration which indicates that a violation of a safety or health standard exists which threatens physical harm or exposes an employee to an imminent danger at an employee residence worksite other than a home office. Directs the Secretary to seek to maximize public participation in the formulation of such regulations by: (1) using an advance notice of proposed rule making; (2) announcing the publication of the advance notice of proposed rulemaking and the proposed rule through additional means, especially electronic means, designed to reach affected workers and the firms that employ them; (3) making the text of the advance notice of proposed rulemaking and of the proposed rule available through electronic means; and (4) providing at least 60 days for public comment on the proposed rule. Sets forth regulatory schedule requirements. Amends OSHA to make it inapplicable to home office employment, with the following exceptions which relate to specified OSHA provisions. Requires employers to report work-related injuries and illnesses sustained by an employee engaged in home office employment. Authorizes the Secretary to: (1) impose sanctions for a failure of an employer to report a work-related injury or illness sustained by an employee engaged in home office employment, subject to review of such sanctions; and (2) make available information and standards to employees and employers in the recognition, avoidance, and prevention of unsafe or unhealthful working conditions appropriate for home office employment.

{"src": "billsum_train", "title": "Home Office Worker Protection Act of 2000"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Water Conservation Act of 1993''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) the Federal Government has an historic commitment to assisting areas of the Nation in need of developing adequate water supplies, (2) water is becoming increasingly scarce and expensive in many parts of the United States, which is compounded when multiple years of drought occur, (3) in most areas of the United States, farms are overwhelmingly the largest water consumers, and (4) it is in the national interest for farmers to implement water conservation measures which are a least-cost approach to addressing critical water needs and for the Federal Government to promote such conservation measures. SEC. 3. CREDIT FOR PURCHASE AND INSTALLATION OF WATER CONSERVATION SYSTEMS ON FARM LAND. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to foreign tax credit, etc.) is amended by adding at the end the following new section: ``SEC. 30A. PURCHASE AND INSTALLATION OF WATER CONSERVATION SYSTEMS ON FARM LAND. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 75 percent of the water conservation system expenses paid or incurred by the taxpayer during such year. ``(b) Water Conservation System Expenses.--For purposes of this section-- ``(1) In general.--The term `water conservation system expenses' means expenses for the purchase and installation of materials or equipment which are primarily designed to substantially conserve water on farm land. ``(2) Farm land.--The term `farm land' means land used in a trade or business by the taxpayer or a tenant of the taxpayer for-- ``(A) the production of crops, fruits, or other agricultural products, ``(B) the raising, harvesting, or growing of trees, or ``(C) the sustenance of livestock. ``(c) Limitation Based on Amount of Tax.-- ``(1) Liability for tax.--The credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax for the taxable year, reduced by the sum of the credits allowable under subpart A and the preceding sections of this subpart, over ``(B) the tentative minimum tax for the taxable year. ``(2) Carryforward of unused credit.--If the amount of the credit allowable under subsection (a) for any taxable year exceeds the limitation under paragraph (1) for the taxable year, the excess shall be carried to the succeeding taxable year and added to the amount allowable as a credit under subsection (a) for such succeeding taxable year. ``(d) Additional Limitations.-- ``(1) Approved water conservation plan.--Subsection (a) shall not apply to any expense unless-- ``(A) the taxpayer has in effect a water conservation plan which has been reviewed and approved by the Soil Conservation Service of the Department of Agriculture, and ``(B) such expense is consistent with such plan. ``(2) Drought area.--Subsection (a) shall not apply to any expense unless the land on which the water conservation system is installed is entirely in an area which has been identified, in the taxable year or in any of the 3 preceding taxable years, as an area of extreme drought severity on the Palmer Drought Severity Index published by the National Oceanic and Atmospheric Administration. ``(e) Denial of Double Benefit.--No deduction shall be allowed under this chapter with respect to any expense which is taken into account in determining the credit under this section, and any increase in the basis of any property which would (but for this subsection) result from such expense shall be reduced by the amount of credit allowed under this section for such expense.'' (b) Technical Amendment.--Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (25), by striking the period at the end of paragraph (26) and inserting ``; and'', and by adding at the end thereof the following new paragraph: ``(27) to the extent provided in section 30A(e), in the case of amounts with respect to which a credit has been allowed under section 30A.'' (c) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 30A. Purchase and installation of water conservation systems on farm land.'' (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act, in taxable years ending after such date.

Agricultural Water Conservation Act of 1993 - Amends the Internal Revenue Code to allow a tax credit for 75 percent of the water conservation system expenses for the purchase and installation of materials or equipment to substantially conserve water on farm land.

{"src": "billsum_train", "title": "Agricultural Water Conservation Act of 1993"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``School Social Workers Improving Student Success Act''. SEC. 2. SCHOOL SOCIAL WORKERS GRANTS. Subpart 2 of part D of title V of the Elementary and Secondary Education Act of 1965 is amended by adding after section 5421 (20 U.S.C. 7245) the following new section: ``SEC. 5422. GRANTS FOR SCHOOL SOCIAL WORKERS. ``(a) Grants Authorized.-- ``(1) In general.--The Secretary may award grants to high- need local educational agencies to enable such agencies to retain school social workers employed by such agencies or to hire additional school social workers. ``(2) Duration.--A grant awarded under this section shall be awarded for a period not to exceed 4 years. ``(3) Supplementation of funds.--Funds made available under this section shall be used to supplement, and not supplant, other Federal, State, or local funds used for hiring and retaining school social workers. ``(b) Use of Funds.-- ``(1) A local educational agency receiving a grant under this section shall use the grant to retain school social workers employed by such agencies or to hire additional school social workers providing services described in subsection (d)(2). ``(2) A local educational agency receiving a grant under this section may use such grant for any of the following purposes: ``(A) To reimburse school social workers for travel expenses incurred during home visits and other school- related trips. ``(B) To reimburse school social workers for any additional expenses incurred in rendering the services described in subsection (d)(2). ``(c) Applications.-- ``(1) In general.--To be eligible to receive a grant under this section, a high-need local educational agency shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. ``(2) Contents.--Each application submitted for a grant under this section shall contain a description of the duties and responsibilities of school social workers providing services to students through such grant in accordance with subsection (d). ``(d) Duties and Responsibilities of School Social Worker.--Any school social worker providing services to students through a grant funded under this section shall-- ``(1) identify the highest-need students (as such term is defined by the Secretary) in each school such social worker serves and target services provided at the school to such students; and ``(2) provide to students in each school in which a school social worker serves, social work services, including-- ``(A) counseling and crisis intervention; ``(B) case management activities to coordinate the delivery of and access to the appropriate social work services to highest-need students; ``(C) addressing of social, emotional, and mental health needs to ensure better school participation and better outcomes; ``(D) providing assistance to teachers to design behavioral interventions; ``(E) working with students, families, schools, and communities to promote attendance and address the causes of poor attendance, such as homelessness, lack of transportation, illness, phobia, or parents who have negative impressions of school; ``(F) home visits to meet the family of students in need of social work services in the home environment; ``(G) connecting students and families to the social welfare, child welfare, and community resource systems; ``(H) other services the Secretary determines are necessary to carry out this section. ``(e) Grant Renewal.-- ``(1) In general.--Grants awarded under this section may be renewed for additional periods having the same duration as the original grant period. ``(2) Continuing eligibility.--To be eligible for renewal under this paragraph of a grant, a high-need local educational agency shall submit to the Secretary, for each renewal, a report on the progress of such recipient in retaining and hiring school social workers. Such report shall include a description of-- ``(A) a description of the staffing expansion of school social workers funded through the grant received under this section; and ``(B) a description of the work such social workers performed to target high-need populations (as determined by the Secretary). ``(f) Technical Assistance.-- ``(1) In general.--The Secretary shall provide technical assistance to high-need local educational agencies, including such agencies that do not have adequate staff, in applying for grants under this section. ``(2) Extension of application period.--The Secretary shall extend any application period for a grant under this section for any high-need local educational agency that-- ``(A) submits to the Secretary a written notification of the intent to apply for a grant under this section before requesting technical assistance under paragraph (1); and ``(B) after submitting the notification under subparagraph (A) requests such technical assistance. ``(g) Definitions.--In this section: ``(1) The term `high-need local educational agency' has the meaning given such term in section 2102(3)(A). ``(2) The term `school social worker' has the meaning given such term in section 5421(e). ``(h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2012 through 2016.''.

School Social Workers Improving Student Success Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award renewable grants to high-need local educational agencies (LEAs) to retain or hire additional school social workers. Permits grantees to use the funds to reimburse school social workers for expenses they incur in rendering services. Requires grant-funded social workers to target their services to the highest-need students. Directs the Secretary to provide technical assistance to high-need LEAs in applying for such grants. Prohibits the grant funds from being used to supplant other federal, state, or local funds used for hiring and retaining school social workers.

{"src": "billsum_train", "title": "To amend the Elementary and Secondary Education Act of 1965 to establish a grant program to fund additional school social workers and retain school social workers already employed in high-need local educational agencies."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigration Reform Act of 1995''. SEC. 2. TABLE OF CONTENTS. Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--IMMIGRATION AND LAW ENFORCEMENT Sec. 101. Increased personnel levels of the border patrol. Sec. 102. Increased funding for the border patrol. Sec. 103. Inservice training for the border patrol. Sec. 104. Increase in I.N.S. support personnel. Sec. 105. Strengthened enforcement of wage and hour laws. Sec. 106. Strengthened enforcement of the employer sanctions provisions. Sec. 107. Increased number of assistant United States attorneys. Sec. 108. Prohibition of transportation of aliens for purposes of employment. Sec. 109. Limitation on Federal financial assistance to localities that refuse to cooperate in the arrest and deportation of unlawful aliens. Sec. 110. Negotiations with Mexico and Canada. TITLE II--IMMIGRATION DOCUMENT FRAUD PREVENTION Sec. 201. Issuance of new identification cards for aliens. Sec. 202. Implementation. Sec. 203. No national identity card. Sec. 204. Employer education program. Sec. 205. Authorization of appropriations. Sec. 206. Employment eligibility verification demonstration project. TITLE III--RESTRICTIONS ON ALIEN ELIGIBILITY FOR WELFARE Sec. 301. Prohibition of direct Federal financial benefits and unemployment benefits to aliens who are not lawful permanent residents. TITLE I--IMMIGRATION AND LAW ENFORCEMENT SEC. 101. INCREASED PERSONNEL LEVELS OF THE BORDER PATROL. The number of full-time positions in the Border Patrol of the Department of Justice for fiscal year 1996 shall be increased to 8,000. SEC. 102. INCREASED FUNDING FOR THE BORDER PATROL. In addition to funds otherwise available for such purposes, there are authorized to be appropriated to the Attorney General $50,000,000 for the fiscal year 1996, which amount shall be available only for equipment, support services, and initial training for the Border Patrol. Funds appropriated pursuant to this section are authorized to remain available until expended. SEC. 103. INSERVICE TRAINING FOR THE BORDER PATROL. (a) Requirement.--Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103) is amended by adding at the end the following new subsection: ``(e)(1) The Attorney General shall continue to provide for such programs of inservice training for full-time and part-time personnel of the Border Patrol in contact with the public as will familiarize the personnel with the rights and varied cultural backgrounds of aliens and citizens in order to ensure and safeguard the constitutional and civil rights, personal safety, and human dignity of all individuals, aliens as well as citizens, within the jurisdiction of the United States with whom they have contact in their work. ``(2) The Attorney General shall provide that the annual report of the Service include a description of steps taken to carry out paragraph (1).''. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General $1,000,000 for fiscal year 1996 to carry out the inservice training described in section 103(e) of the Immigration and Nationality Act. The funds appropriated pursuant to this subsection are authorized to remain available until expended. SEC. 104. INCREASE IN I.N.S. SUPPORT PERSONNEL. In order to provide support for the increased personnel levels of the border patrol authorized in section 101, the number of full-time support positions for investigation, detention and deportation, intelligence, information and records, legal proceedings, and management and administration in the Immigration and Naturalization Service shall be increased by 580 positions above the number of equivalent positions as of September 30, 1994. SEC. 105. STRENGTHENED ENFORCEMENT OF WAGE AND HOUR LAWS. (a) In General.--The number of full-time positions in the Wage and Hour Division with the Employment Standards Administration of the Department of Labor for the fiscal year 1996 shall be increased by 250 positions above the number of equivalent positions available to the Wage and Hour Division as of September 30, 1994. (b) Assignment.--Individuals employed to fill the additional positions described in subsection (a) shall be assigned to investigate violations of wage and hour laws in areas where the Attorney General has notified the Secretary of Labor that there are high concentrations of undocumented aliens. SEC. 106. STRENGTHENED ENFORCEMENT OF THE EMPLOYER SANCTIONS PROVISIONS. (a) In General.--The number of full-time positions in the Investigations Division within the Immigration and Naturalization Service of the Department of Justice for the fiscal year 1996 shall be increased by 250 positions above the number of equivalent positions available to such Division as of September 30, 1994. (b) Assignment.--Individuals employed to fill the additional positions described in subsection (a) shall be assigned to investigate violations of the employer sanctions provisions contained in section 274A of the Immigration and Nationality Act, including investigating reports of violations received from officers of the Employment Standards Administration of the Department of Labor. SEC. 107. INCREASED NUMBER OF ASSISTANT UNITED STATES ATTORNEYS. (a) In General.--The number of Assistant United States Attorneys that may be employed by the Department of Justice for the fiscal year 1996 shall be increased by 21 above the number of Assistant United States Attorneys that could be employed as of September 30, 1994. (b) Assignment.--Individuals employed to fill the additional positions described in subsection (a) shall be specially trained to be used for the prosecution of persons who bring into the United States or harbor illegal aliens, fraud, and other criminal statutes involving illegal aliens. SEC. 108. PROHIBITION OF TRANSPORTATION OF ALIENS FOR PURPOSES OF EMPLOYMENT. Section 274(a)(1)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A)(ii)) is amended by inserting before the semicolon at the end the following: ``or in furtherance of the employment of such alien''. SEC. 109. LIMITATION ON FEDERAL FINANCIAL ASSISTANCE TO LOCALITIES THAT REFUSE TO COOPERATE IN THE ARREST AND DEPORTATION OF UNLAWFUL ALIENS. Notwithstanding any other provision of law, no Federal financial assistance shall be paid to any local government on and after such date as the Attorney General certifies that an official, officer, or employee of the local government (including its police department) in the exercise of (and within the lawful scope of) the individual's official duties has refused, on or after the date of the enactment of this Act, to cooperate with an officer or employee of the Department of Justice (including the Immigration and Naturalization Service) with respect to the arrest and deportation of an alien who is not lawfully present within the United States. SEC. 110. NEGOTIATIONS WITH MEXICO AND CANADA. It is the sense of the Congress that-- (1) the Attorney General, jointly with the Secretary of State, should initiate discussions with Mexico and Canada to establish formal bilateral programs with those countries to prevent and to prosecute the smuggling of undocumented aliens into the United States; (2) not later than one year after the date of enactment of this Act, the Attorney General shall report to the Congress the progress made in establishing such programs; and (3) in any such program established under this Act, major emphasis should be placed on deterring and prosecuting persons involved in the organized and continued smuggling of undocumented aliens. TITLE II--IMMIGRATION DOCUMENT FRAUD PREVENTION SEC. 201. ISSUANCE OF NEW IDENTIFICATION CARDS FOR ALIENS. (a) In General.--The Attorney General shall cause to be issued new registration and identification cards to all aliens who are qualified to hold employment in the United States for the purpose of providing proof of employment eligibility under section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a). (b) Requirements.--(1) Each new registration and identification card issued under subsection (a) shall-- (A) be in a form which is resistant to counterfeiting and tampering; (B) be designed in such a manner so that an employer can reliably determine that-- (i) the person with the bearer's claimed identity is eligible to be employed in the United States, and (ii) the bearer is not claiming the identity of another individual; (C) contain a photograph and other identifying information (such as date of birth, sex, and distinguishing marks) that would allow an employer to determine with reasonable certainty that the bearer is not claiming the identity of another individual; (D) in the case of a card issued to-- (i) a work-eligible nonimmigrant admitted under section 214 of the Immigration and Nationality Act (8 U.S.C. 1184), (ii) an alien admitted for temporary residence under section 210 of such Act (8 U.S.C. 1160), (iii) an alien granted temporary protected status under section 244A of such Act (8 U.S.C. 1254a), and (iv) an alien authorized to work by the Immigration and Naturalization Service pending a final determination of deportability, shall specify the expiration date of the work authorization on the face of the card; and (E) shall specify the alien's admission number or alien file number. (2) The new card shall be valid for a period of 10 years and must be reissued to remain valid after the 10th anniversary of the date of its issue. (3) The new card shall note on its face whether work authorization is restricted. (4) An employer, for purposes of satisfying the requirements of section 274A(b) of the Immigration and Nationality Act-- (A) may require an alien seeking employment to produce the new card as proof of employment eligibility, and (B) may inquire whether an applicant's limited work authorization has expired or has been reauthorized at the end of a work authorization period. Such a requirement or inquiry shall not constitute an unfair immigration-related employment practice under section 274B of such Act. SEC. 202. IMPLEMENTATION. (a) In General.--Each alien who is authorized to be employed in the United States shall, on or before October 1, 1996, turn in any alien registration and identification card which is in the alien's possession at any post office or office of the Immigration and Naturalization Service. No resident alien shall receive the new card until-- (1) the alien-- (A) has surrendered the old green card, (B) has provided proof of identity, (C) has provided such other documents as may be required under law, and (D) has paid a fee (not to exceed $75) that is reasonable and sufficient to cover the costs of administration of this section; and (2) the Service has verified the lawful status of the alien. The Attorney General may waive payment of the fee under paragraph (1)(D) (or reduce the amount of such fee) if the alien provides satisfactory evidence that the alien cannot afford the full fee. (b) Posting of Notices.--Notices of the requirement of subsection (a) shall be posted in all post offices and Immigration and Naturalization Service offices and published in local newspapers during fiscal year 1996. (c) Invalidity of Old Cards.--Any alien registration or identification card for permanent resident aliens, other than an alien registration and identification card issued under this section, shall be invalid as of midnight of October 1, 1998. (d) Use of New Cards Under SAVE Program.-- (1) In general.--Section 1137(d) of the Social Security Act (42 U.S.C. 1320b-7(d)) is amended-- (A) in paragraph (2), by striking ``either'' and all that follows through the end and inserting the following: ``a registration and identification card issued under section 2(a) of the Immigration Reform Act of 1995.'', (B) in paragraph (3), by striking ``paragraph (2)(A)'' and inserting ``paragraph (2)'', and (C) in paragraph (4), by striking ``paragraph (2)(A)'' and inserting ``such paragraph''. (2) Housing assistance.--Section 214(d) of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a(d)) is amended-- (A) in paragraph (2), by striking ``either'' and all that follows through the end and inserting the following: ``a registration and identification card issued under section 2(a) of the Immigration Reform Act of 1995.'', (B) in paragraph (3), by striking ``paragraph (2)(A)'' and inserting ``paragraph (2)'', (C) in paragraph (4), by striking ``paragraph (2)(A)'' the first place it appears and inserting ``paragraph (2)'', and (D) in paragraph (4), by striking ``paragraph (2)(A)'' the second place it appears and inserting ``such paragraph''. (3) Effective date.--The amendments made by this subsection shall take effect on October 1, 1998. SEC. 203. NO NATIONAL IDENTITY CARD. The new card described in section 201-- (1) shall not be considered a national identity card; (2) shall not be issued to any citizen or national of the United States; and (3) shall-- (A) not be required to be carried on one's person, and (B) not be required to be presented other than-- (i) upon request by a prospective employer for any purposes other than under this section or under sections 1001, 1023, 1566, and 1621 of title 18, United States Code, or to satisfy the requirements of section 274A of the Immigration and Nationality Act, or (ii) for purposes of carrying out section 1137(d) of the Social Security Act or section 214(d) of the Housing and Community Development Act of 1980. SEC. 204. EMPLOYER EDUCATION PROGRAM. The Attorney General, in consultation with the Secretary of Labor, the Administrator of the Small Business Administration, and the Commissioner of the Internal Revenue, shall conduct a nationwide program to inform employers about their responsibilities under the Immigration and Nationality Act and the uses of the new alien registration and identification cards issued under this Act. SEC. 205. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $5,000,000 for each of fiscal years 1996 and 1997 to carry out this Act. SEC. 206. EMPLOYMENT ELIGIBILITY VERIFICATION DEMONSTRATION PROJECT. The Attorney General shall continue to conduct the demonstration projects under section 274A of the Immigration and Nationality Act in order to establish if it is feasible to determine the employment eligibility of aliens authorized to work in the United States through the use of a telephone and computation capability that is available on the date of enactment of this Act. The Attorney General shall submit a report to Congress on such projects by not later than October 1, 1995. TITLE III--RESTRICTIONS ON ALIEN ELIGIBILITY FOR WELFARE SECTION 301. PROHIBITION OF DIRECT FEDERAL FINANCIAL BENEFITS AND UNEMPLOYMENT BENEFITS TO ALIENS WHO ARE NOT LAWFUL PERMANENT RESIDENTS. (a) In General.--On and after the date of the enactment of this Act, notwithstanding any other provision of law, no direct Federal financial benefit or social insurance benefit, including (but not limited to)-- (1) payments under the aid to families with dependent children program under part A of title IV of the Social Security Act, (2) benefits under the supplemental security income program under title XVI of the Social Security Act, (3) food stamps under the Food Stamp Act of 1977, and (4) financial assistance (as defined in section 214(b) of the Housing and Community Development Act of 1980), may be paid or otherwise given to any person who is not a citizen or national of the United States, an alien lawfully admitted for permanent residence, or an alien otherwise lawfully and permanently residing in the United States (as defined in subsection (e)), except pursuant to a provision of the Immigration and Nationality Act. (b) Unemployment Benefits.--No alien who has not been granted employment authorization pursuant to Federal law shall be eligible for unemployment benefits. (c) Social Security Benefits.-- (1) In general.--Subsection (a) shall not apply to benefits paid under the old age, survivors, and disability insurance program under title II of the Social Security Act. (2) No credit for wages for unauthorized employment.-- Notwithstanding any other provision of law, wages paid on or after the date of the enactment of this Act with respect to an alien's employment which is not authorized under law shall not be taken into account in crediting quarters of coverage under title II of the Social Security Act. (d) Construction.--This section shall not apply to the provision of foreign aid to aliens abroad. (e) Definition.--For purposes of this section, the term ``alien otherwise lawfully and permanently residing in the United States'' means any person who at the time the person applies for, receives, or attempts to receive a Federal financial benefit or social insurance benefit is an asylee, a refugee, or a parolee.

TABLE OF CONTENTS: Title I: Immigration and Law Enforcement Title II: Immigration Document Fraud Prevention Title III: Restrictions on Alien Eligibility for Welfare Immigration Reform Act of 1995 - Title I: Immigration and Law Enforcement - Increases: (1) FY 1996 personnel levels and funding for the Border Patrol; and (2) personnel levels for the Immigration and Naturalization Service (INS). (Sec. 103) Amends the Immigration and Nationality Act (Act) to provide for inservice training to familiarize Border Patrol personnel with the rights and varied cultural backgrounds of aliens and citizens. Authorizes FY 1996 appropriations. (Sec. 105) Increases FY 1996 personnel levels in: (1) the Wage and Hour Division with the Employment Standards Administration of the Department of Labor, and assigns such additional personnel to areas with high concentrations of undocumented aliens; and (2) the Investigations Division within INS, and assigns such additional personnel to investigate violations of the employer sanctions provisions of the Act. (Sec. 107) Increases the number of Assistant United States Attorney positions, and assigns such additional personnel to prosecute persons who harbor or bring illegal aliens into the United States. (Sec. 108) Prohibits the transportation of illegal aliens for employment purposes. (Sec. 109) Prohibits Federal financial assistance to localities whose officials refuse to cooperate in the arrest and deportation of illegal aliens. (sec. 110) Expresses the sense of the Congress that the Attorney General and the Secretary of State should initiate programs with Mexico and Canada to prevent and prosecute the smuggling of aliens into the United States. Title II: Immigration Document Fraud Prevention - Provides for: (1) the replacement of current alien registration cards with new counterfeit-resistant identification cards (which shall not be considered national identity cards) for all resident aliens eligible to work in the United States; (2) a national program to educate employers about their responsibilities under the Immigration and Nationality Act and the uses of such cards; and (3) a demonstration program to determine the feasibility of a computerized telephone worker verification system for employers. Authorizes FY 1996 and 1997 appropriations. Title III: Restrictions on Alien Eligibility for Welfare - Prohibits direct Federal financial benefits or social insurance benefits (including aid to families with dependent children, supplemental security income, food stamps, and public housing assistance) to aliens who are not lawful permanent residents. Prohibits unemployment benefits to aliens who have not been granted employment authorization under Federal law. Makes a limited exception from this prohibition for benefits under the old age, survivors, and disability insurance (OASDI) program, but prohibits taking into account unauthorized wages paid on or after enactment of this Act in crediting quarters of coverage for the OASDI program under the Social Security Act.

{"src": "billsum_train", "title": "Immigration Reform Act of 1995"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Homes for Heroes Act of 2013''. SEC. 2. SPECIAL ASSISTANT FOR VETERANS AFFAIRS IN THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (a) Transfer of Position to Office of the Secretary.--Section 4 of the Department of Housing and Urban Development Act (42 U.S.C. 3533) is amended by adding at the end the following new subsection: ``(h) Special Assistant for Veterans Affairs.-- ``(1) Position.--There shall be in the Office of the Secretary a Special Assistant for Veterans Affairs, who shall report directly to the Secretary. ``(2) Appointment.--The Special Assistant for Veterans Affairs shall be appointed based solely on merit and shall be covered under the provisions of title 5, United States Code, governing appointments in the competitive service. ``(3) Responsibilities.--The Special Assistant for Veterans Affairs shall be responsible for-- ``(A) ensuring veterans have fair access to housing and homeless assistance under each program of the Department providing either such assistance; ``(B) coordinating all programs and activities of the Department relating to veterans; ``(C) serving as a liaison for the Department with the Department of Veterans Affairs, including establishing and maintaining relationships with the Secretary of Veterans Affairs; ``(D) serving as a liaison for the Department, and establishing and maintaining relationships with the United States Interagency Council on Homelessness and officials of State, local, regional, and nongovernmental organizations concerned with veterans; ``(E) providing information and advice regarding-- ``(i) sponsoring housing projects for veterans assisted under programs administered by the Department; or ``(ii) assisting veterans in obtaining housing or homeless assistance under programs administered by the Department; ``(F) coordinating with the Secretary of Housing and Urban Development and the Secretary of Veterans Affairs in carrying out section 3 of the Homes for Heroes Act of 2013; and ``(G) carrying out such other duties as may be assigned to the Special Assistant by the Secretary or by law.''. (b) Transfer of Position in Office of Deputy Assistant Secretary for Special Needs.--On the date that the initial Special Assistant for Veterans Affairs is appointed pursuant to section 4(h)(2) of the Department of Housing and Urban Development Act, as added by subsection (a) of this section, the position of Special Assistant for Veterans Programs in the Office of the Deputy Assistant Secretary for Special Needs of the Department of Housing and Urban Development shall be terminated. SEC. 3. ANNUAL SUPPLEMENTAL REPORT ON VETERANS HOMELESSNESS. (a) In General.--The Secretary of Housing and Urban Development and the Secretary of Veterans Affairs, in coordination with the United States Interagency Council on Homelessness, shall submit annually to the Committees of the Congress specified in subsection (b), together with the annual reports required by such Secretaries under section 203(c)(1) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11313(c)(1)), a supplemental report that includes the following information with respect to the preceding year: (1) The same information, for such preceding year, that was included with respect to 2010 in the report by the Secretary of Housing and Urban Development and the Secretary of Veterans Affairs entitled ``Veterans Homelessness: A Supplemental Report to the 2010 Annual Homeless Assessment Report to Congress''. (2) Information regarding the activities of the Department of Housing and Urban Development relating to veterans during such preceding year, as follows: (A) The number of veterans provided assistance under the housing choice voucher program for Veterans Affairs supported housing (VASH) under section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)), the socioeconomic characteristics of such homeless veterans, and the number, types, and locations of entities contracted under such section to administer the vouchers. (B) A summary description of the special considerations made for veterans under public housing agency plans submitted pursuant to section 5A of the United States Housing Act of 1937 (42 U.S.C. 1437c-1) and under comprehensive housing affordability strategies submitted pursuant to section 105 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705). (C) A description of the activities of the Special Assistant for Veterans Affairs of the Department of Housing and Urban Development. (D) A description of the efforts of the Department of Housing and Urban Development and the other members of the United States Interagency Council on Homelessness to coordinate the delivery of housing and services to veterans. (E) The cost to the Department of Housing and Urban Development of administering the programs and activities relating to veterans. (F) Any other information that the Secretary of Housing and Urban Development and the Secretary of Veterans Affairs consider relevant in assessing the programs and activities of the Department of Housing and Urban Development relating to veterans. (b) Committees.--The Committees of the Congress specified in this subsection are as follows: (1) The Committee on Banking, Housing, and Urban Affairs of the Senate. (2) The Committee on Veterans' Affairs of the Senate. (3) The Committee on Appropriations of the Senate. (4) The Committee on Financial Services of the House of Representatives. (5) The Committee on Veterans' Affairs of the House of Representatives. (6) The Committee on Appropriations of the House of Representatives. Passed the House of Representatives May 15, 2013. Attest: KAREN L. HAAS, Clerk.

Homes for Heroes Act of 2013 - Amends the Department of Housing and Urban Development Act to establish in the Office of the Secretary of the Department of Housing and Urban Development (HUD) a Special Assistant for Veterans Affairs to: (1) ensure veterans fair access to HUD housing and homeless assistance programs, (2) coordinate all HUD programs and activities relating to veterans, and (3) serve as a HUD liaison with the Department of Veterans Affairs (VA). Terminates, at the same time as such establishment, the position of Special Assistant for Veterans Programs in the Office of the Deputy Assistant Secretary for Special Needs. Directs the Secretaries of HUD and VA to report annually to Congress with respect to veterans homelessness and housing assistance.

{"src": "billsum_train", "title": "Homes for Heroes Act of 2013"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Human Research Protection and Promotion Act of 2000''. SEC. 2. ESTABLISHMENT OF INDEPENDENT OFFICE FOR PROTECTION OF HUMAN RESEARCH SUBJECTS. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following: ``TITLE XXVIII--PROTECTION OF HUMAN RESEARCH SUBJECTS ``SEC. 2801. OFFICE FOR PROTECTION OF HUMAN RESEARCH SUBJECTS. ``(a) In General.--There is established as an independent establishment in the executive branch an office to be known as the Office for Protection of Human Research Subjects (in this title referred to as the `Office'), which shall be headed by a director appointed by the President. ``(b) Protection of Subjects.-- ``(1) In general.--The Director of the Office shall by regulation establish criteria for the protection of human subjects in research conducted, supported, or otherwise subject to regulation by the Federal Government (in this title referred to as `Federal research projects'), including provisions regarding the informed consent of individuals to serve as such subjects. ``(2) Regulations.-- ``(A) In general.--In the case of covered Federal agencies under subsection (c)-- ``(i) regulations promulgated under paragraph (1) by the Director of the Office supersede all regulations for criteria described in such paragraph that were in effect on the day before the date of the enactment of the Human Research Protection and Promotion Act of 2000, subject to subparagraph (B); and ``(ii) on and after such date of enactment, the Director of the Office has exclusive authority to issue regulations for criteria described in paragraph (1). ``(B) Certain regulations.--Effective on the date of the enactment of the Human Research Protection and Promotion Act of 2000, all provisions of part 46 of title 45, Code of Federal Regulations, are deemed to have been promulgated under paragraph (1) by the Director of the Office. Subject to subsection (c), such provisions continue to be in effect, and such provisions may be modified by the Director of the Office by regulation. ``(c) Applicability of Regulations.-- ``(1) Covered federal agencies.--Except as provided in paragraphs (2) through (4), regulations under subsection (b) apply-- ``(A) to each Federal agency that, as of October 1, 1999, was subject to the policy under subpart A of part 46 of title 45, Code of Federal Regulations (including Federal agencies that, pursuant to section 101(a) of such part, were subject to such policy by reason of having taken appropriate administrative action); and ``(B) to each Federal agency that takes appropriate administrative action after October 1, 1999, to provide that regulations under subsection (b) apply to the agency. ``(2) Exemptions.--The Director of the Office may by regulation exempt any Federal research project from the applicability of regulations under subsection (b). Exemptions under the preceding sentence may be established for a specified project or for categories of projects, including a category providing that all Federal research projects of an agency are exempt. ``(3) Other exemptions.--The exemptions described in section 46.101(b) of title 45, Code of Federal Regulations, as of the date of the enactment of the Human Research Protection and Promotion Act of 2000 continue to be in effect unless modified by the Director of the Office. ``(4) Certain regulations.--In the case of a covered Federal agency that, as of the date of the enactment of the Human Research Protection and Promotion Act of 2000, was not subject to the provisions of subparts B through D of part 46 of title 45, Code of Federal Regulations, the applicability of such provisions to Federal research projects of the agency pursuant to paragraph (1) is subject to the condition that such provisions apply only to Federal research projects of the agency that are approved on or after such date of enactment. ``(d) Consultations.--In making any modifications to regulations under subsection (b), the Director of the Office shall consult with the other members of the Interagency Committee under section 2803. ``SEC. 2802. INSTITUTIONAL REVIEW BOARDS; ETHICS GUIDANCE PROGRAM. ``(a) In General.--In carrying out section 2801(b), the Director of the Office shall comply with the following: ``(1) The Director shall require that each entity that applies to carry out a Federal research project under a grant, contract, or cooperative agreement from a covered Federal agency submit in or with its application for such grant, contract, or cooperative agreement assurances satisfactory to the Director that the entity has established a board, to be known as an Institutional Review Board, to review such projects at or supported by the entity in order to protect the rights of the human subjects in such projects. ``(2) The Director shall establish a program under which requests for clarification and guidance with respect to ethical issues raised in connection with Federal research projects are responded to promptly and appropriately. ``(3) The Director shall establish a process for the prompt and appropriate response to information provided to any Federal agency regarding violations of the rights of human subjects in Federal research project. The process shall include procedures for receiving reports regarding possible violations and for taking appropriate action with respect to such violations. ``(b) Certain Institutional Review Boards.--Any board that, on the day before the date of the enactment of the Human Research Protection and Promotion Act of 2000, was considered to be an Institutional Review Board under section 491(a) of this Act (as in effect on such day) shall be considered to be an Institutional Review Board that meets the requirements of subsection (a) of this section unless notified otherwise by the Director of the Office. ``SEC. 2803. INTERAGENCY COORDINATING COMMITTEE. ``(a) In General.--The Director of the Office shall establish a committee to be known as the Interagency Coordinating Committee on Protection of Human Research Subjects (in this title referred to as the `Interagency Committee'). ``(b) Duties.--The Interagency Committee shall develop recommendations on carrying out this title, including recommendations on coordinating the administration of regulations under section 2801(b) at the various Federal agencies with responsibilities regarding Federal research projects. ``(c) Composition; Chair.--The Interagency Committee shall be composed of the Director of the Office and the heads of covered Federal agencies (or the designees of the Director of the Office and the agency heads). The Director of the Office (or the designee of the Director) shall serve as the chair of the Interagency Committee. ``(d) Review of Regulations; Report to Congress.-- ``(1) In general.--Not later than one year after the date of the enactment of the Human Research Protection and Promotion Act of 2000, the Interagency Committee-- ``(A) shall complete a review of regulations under section 2801(b), including a review of-- ``(i) regulations deemed to have been promulgated by the Director of the Office pursuant to section 2801(b)(2)(B); and ``(ii) the exemptions referred to in section 2801(c)(3); ``(B) shall make such recommendations regarding the regulations as the Interagency Committee determines to be appropriate; and ``(C) shall submit to the congressional committees specified in paragraph (2) a report describing the activities carried out under subparagraph (A) and any recommendations regarding such regulations. ``(2) Congressional committees.--The congressional committees referred to in paragraph (1)(C) are the Committee on Commerce and the Committee on Government Reform in the House of Representatives, and the Committee on Health, Education, Labor, and Pensions in the Senate. ``SEC. 2804. CERTAIN ADMINISTRATIVE AUTHORITIES. ``In carrying out this title, the Director of the Office-- ``(1) may appoint and fix the compensation of officers and employees for the Office in accordance with chapter 51 of title 5, United States Code, and subchapter III of chapter 53 of such title; ``(2) may acquire, without regard to the Act of March 3, 1877 (40 U.S.C. 34), by lease or otherwise through the Administrator of General Services, buildings or portions of buildings in the District of Columbia or communities located adjacent to the District of Columbia for use for a period not to exceed 10 years; ``(3) may enter into contracts, subject to the availability of amounts made available in appropriations Act, including contracts for financial and administrative services (such as budget and accounting, financial reporting, personnel, and procurement) with the General Services Administration, or such other Federal agencies as the Director of the Office determines to be appropriate; ``(4) may use, with their consent, the services, equipment, personnel, information, and facilities of other Federal, State, or local public agencies, with or without reimbursement; ``(5) may in accordance with section 3109 of title 5, United States Code, obtain the assistance and advice of experts and consultants; and ``(6) may accept voluntary and uncompensated services. ``SEC. 2805. DEFINITIONS. For purposes of this title: ``(1) The term `agency' has the meaning given the term `Executive agency' in section 105 of title 5, United States Code. ``(2) The term `by regulation' refers to rulemaking in accordance with the procedures described in section 553 of title 5, United States Code, for substantive rules (including notice and comment procedures). ``(3) The term `covered Federal agency' means a Federal agency described in section 2801(c)(1). ``(4) The term `Federal research projects' has the meaning indicated for such term in section 2801(b)(1). ``(5) The term `Interagency Committee' has the meaning indicated for such term in section 2803(a). ``(6) The term `Office' has the meaning indicated for such term in section 2801(a).''. SEC. 3. CONFORMING PROVISIONS. (a) Repeal.--Section 491 of the Public Health Service Act (42 U.S.C. 289) is repealed. (b) Rule of Construction.--With respect to a covered Federal agency as defined in title XXVIII of the Public Health Service Act, as added by the amendment made by section 2-- (1) such amendment does not terminate any office or other administrative unit in such an agency that before the date of the enactment of this Act was established with respect to the protection of human subjects in research conducted, supported, or otherwise subject to regulation by the Federal Government; and (2) on and after the date of the enactment of this Act such an office or unit has only such duties as may be assigned by the Director of the Office for Protection of Human Research Subjects under such title XXVIII, after consultation with the head of the agency within which the office or unit is established, and the Director may terminate the office or unit, after consultation with such agency head.

Requires the Office Director to establish criteria by regulation for the protection of human subjects in research conducted, supported, or otherwise subject to regulation by the Federal Government (Federal research projects). Provides that in the case of covered agencies: (1) such regulations supersede all regulations for such criteria that were in effect before this Act's enactment date; and (2) the Director has exclusive authority to issue such regulations after such date. Deems current regulations to have been promulgated by the Director and authorizes their continuation or modification by the Director. Applies such regulations to each Federal agency that: (1) as of October 1, 1999, was subject to the basic policy under current regulations for protection of human research subjects; and (2) takes appropriate administrative action after such date to provide that regulations under this Act apply to the agency. Authorizes the Director to exempt any Federal research project from such regulations. Continues exemptions under current regulations unless modified by the Director. Applies the following provisions under existing regulations to Federal research projects of an agency that currently is not subject to such provisions only to projects that are approved after this Act's enactment date: (1) additional protections pertaining to research, development, and related activities involving fetuses, pregnant women, and human in vitro fertilization; (2) additional protections pertaining to biomedical and behavioral research involving prisoners as subjects; and (3) additional protections pertaining to children as research subjects. Sets forth provisions similar to those under existing law that require entities applying to carry out Federal research projects to establish institutional review boards, but replaces the authority of the Secretary of Health and Human Services with that of the Director. Continues the existence of current institutional review boards that meet this Act's requirements. Requires the Director to establish an Interagency Coordinating Committee on Protection of Human Research Subjects to develop recommendations on carrying out this Act, review regulations, and report to specified congressional committees. Provides that, after this Act's enactment, any office or unit within an agency that was established for the protection of human research subjects in Federal research has only such duties as may be assigned by the Director and authorizes the Director to terminate such office or unit.

{"src": "billsum_train", "title": "Human Research Protection and Promotion Act of 2000"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pell for Performance Act''. SEC. 2. REPAYMENT FOR FAILURE TO COMPLETE PROGRAM. Section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) is amended-- (1) in subsection (c), by striking ``The period'' and inserting ``Except as provided in subsection (k), the period''; and (2) by adding at the end the following: ``(k) Repayment for Failure To Complete Program.-- ``(1) In general.--Except as provided in paragraph (3), if a recipient of a Federal Pell Grant fails to complete the program for which the Federal Pell Grant was awarded within the maximum timeframe for completion of such program, the sum of the amounts of any Federal Pell Grants received by the recipient for the program shall-- ``(A) be treated as a Federal Direct Unsubsidized Stafford Loan under part D; and ``(B) be subject to repayment, together with interest thereon accruing from the date of the grant award, in accordance with terms and conditions specified by the Secretary. ``(2) Period for completion.--For purposes of this subsection, the term `maximum timeframe', used with respect to the completion of an undergraduate program, has the meaning given such term in paragraph (1) or (2) of section 668.34(b) of title 34, Code of Federal Regulations (as in effect on the date of enactment of this Act), as applicable to such program. ``(3) Exceptions.-- ``(A) In general.--Paragraph (1) shall not apply with respect to a student who fails to complete a program within the maximum timeframe for completion of such program-- ``(i) because the student enrolls in another program at an institution of higher education-- ``(I) not later than 12 months after the date of the student's last day of the previous program; and ``(II) for which the previous program provided substantial preparation; ``(ii) in the case of a student who has a Federal Pell Grant that is being treated as a loan under paragraph (1) and who meets the requirements of subparagraph (B) of this paragraph, with respect to a subsequent Federal Pell Grant for which the student is eligible and which is awarded beyond such maximum timeframe; or ``(iii) due to undue hardship, including-- ``(I) active duty military service; ``(II) the death of a relative of the student; ``(III) the personal injury or illness of the student; or ``(IV) other special circumstances as determined by the institution. ``(B) Requirements.--In order to qualify for the exception under subparagraph (A)(ii) of this paragraph, a student shall-- ``(i) have a Federal Pell Grant that is being treated as a loan under paragraph (1) for which the student has met the loan repayment obligations for not less than 6 months; and ``(ii) not be an individual described in paragraph (4)(B). ``(4) Loss of federal pell grant eligibility.-- ``(A) Default.--An individual who is in default of an obligation to repay a Federal Pell Grant that is being treated as a loan under paragraph (1) shall be ineligible to receive a Federal Pell Grant under this section. ``(B) Second time dropout.--An individual who has received a Federal Pell Grant for enrollment in a program that is being treated as a loan under paragraph (1), and who leaves such program for a second time (other than for a reason described in clause (i) or (iii) of paragraph (3)(A)), shall be ineligible to receive a Federal Pell Grant under this section. ``(5) Notice.--The Secretary shall ensure that each recipient of a Federal Pell Grant receives notice of the terms of this subsection. ``(6) Record.--An institution shall keep a record that tracks the progress (including the graduation and default rate) of any student described in paragraph (3)(B) who receives a Federal Pell Grant for enrollment in a program beyond the maximum timeframe for completion of such program.''.

Pell for Performance Act This bill amends the Higher Education Act of 1965 to modify the Federal Pell Grant program. Specifically, if a Pell Grant recipient fails to complete an education program within the maximum timeframe for completion, then the Pell Grants received for such program convert to a Federal Direct Unsubsidized Stafford Loan and are subject to repayment, in accordance with applicable terms and conditions.

{"src": "billsum_train", "title": "Pell for Performance Act"}

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Miscellaneous Maritime Transportation Amendments Act of 2016''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--POSITION, NAVIGATION, AND TIMING Sec. 101. Short title. Sec. 102. Backup global positioning system. TITLE II--OTHER MATTERS Sec. 201. Deadline for compliance with alternate safety compliance program. Sec. 202. Oil spill disbursements auditing and report. Sec. 203. Vessel ``Apollonia''. Sec. 204. Reimbursement for non-Federal construction costs of certain aids to navigation. TITLE I--POSITION, NAVIGATION, AND TIMING SEC. 101. SHORT TITLE. This title may be cited as the ``National Positioning, Navigation, and Timing Resilience and Security Act of 2016''. SEC. 102. BACKUP GLOBAL POSITIONING SYSTEM. (a) In General.--Subtitle VIII of title 46, United States Code, is amended by adding at the end the following: ``CHAPTER 807--POSITION, NAVIGATION, AND TIMING ``Sec. ``80701. Land-based complementary and backup system. ``Sec. 80701. Land-based complementary and backup system ``(a) In General.--Subject to the availability of appropriations, the Commandant of the Coast Guard, in consultation with the Secretary of Transportation, shall provide for the establishment, sustainment, and operation of a reliable land-based positioning, navigation, and timing system to provide a complement to and backup for the Global Positioning System (in this section referred to as `GPS') to ensure the availability of uncorrupted and nondegraded positioning, navigation, and timing signals for military and civilian users in the event that GPS signals are corrupted, degraded, unreliable, or otherwise unavailable. ``(b) Requirements.--The system established under subsection (a) shall-- ``(1) be wireless; ``(2) be terrestrial; ``(3) provide wide-area coverage; ``(4) deliver a precise, high-power 100 kilohertz signal; ``(5) be synchronized with coordinated universal time; ``(6) be resilient and extremely difficult to disrupt or degrade; ``(7) be able to penetrate underground and inside buildings; ``(8) be capable of ready deployment to remote locations; ``(9) take full advantage of the infrastructure of the existing, unused Government long-range navigation system (commonly known as `LORAN'); ``(10) incorporate the expertise of the private sector with respect to development, building, and operation; ``(11) work in concert with and complement any other similar positioning, navigation, and timing systems, including enhanced long-range navigation systems; ``(12) be available for use by Federal and non-Federal government agencies for public purposes at no cost; and ``(13) incorporate such other requirements determined necessary by the Commandant. ``(c) Implementation Date.--Not later than 180 days after the date of enactment of this section, the Commandant of the Coast Guard, in consultation with the Secretary of Transportation, shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a plan to ensure that the system required under this section is fully operational not later than 3 years after such date of enactment.''. (b) Clerical Amendment.--The analysis for subtitle VIII of title 46, United States Code, is amended by adding after the item relating to chapter 805 the following: ``807. Position, Navigation, and Timing..................... 80701''. TITLE II--OTHER MATTERS SEC. 201. DEADLINE FOR COMPLIANCE WITH ALTERNATE SAFETY COMPLIANCE PROGRAM. Section 4503(d)(1) of title 46, United States Code, is amended by striking ``After January 1, 2020,'' and all that follows through ``the Secretary,'' and inserting ``For each of fishing vessels, fish processing vessels, and fish tender vessels, after the later of January 1, 2020, or the end of the 3-year period beginning on the date on which the Secretary prescribes an alternate safety compliance program developed in cooperation with the commercial fishing industry for such a vessel, such a vessel shall comply with the applicable alternate safety compliance program''. SEC. 202. OIL SPILL DISBURSEMENTS AUDITING AND REPORT. Section 1012 of the Oil Pollution Act of 1990 (33 U.S.C. 2712) is amended-- (1) by repealing subsection (g); (2) in subsection (l)(1), by striking ``Within one year after the date of enactment of the Coast Guard Authorization Act of 2010, and annually thereafter,'' and inserting ``Each year, on the date on which the President submits to Congress a budget under section 1105 of title 31, United States Code,''; and (3) by amending subsection (l)(2) to read as follows: ``(2) Contents.--The report shall include-- ``(A) a list of each disbursement of $500,000 or more from the Fund in the preceding fiscal year, including disbursements to Federal agencies; ``(B) a list of each disbursement of $500,000 or more from the Fund in the fiscal year preceding the preceding fiscal year that has not been reimbursed by a responsible party; and ``(C) a description of how each use of the Fund described in subparagraph (A) or (B) meets the requirements of subsection (a).''. SEC. 203. VESSEL ``APOLLONIA''. Notwithstanding any other provision of law, the Secretary of the department in which the Coast Guard is operating shall issue a certificate of documentation with a coastwise endorsement for the vessel Apollonia (United States official number 1266527). SEC. 204. REIMBURSEMENT FOR NON-FEDERAL CONSTRUCTION COSTS OF CERTAIN AIDS TO NAVIGATION. (a) In General.--Subject to the availability of appropriations and in accordance with this section, the Commandant of the Coast Guard may reimburse a non-Federal entity for costs incurred by the entity for a covered project. (b) Conditions.--The Commandant may not provide reimbursement under subsection (a) with respect to a covered project unless-- (1) the need for the project is a result of the completion of construction with respect to a federally authorized navigation channel; (2) the Commandant determines, through an appropriate navigation safety analysis, that the project is necessary to ensure safe marine transportation; (3) the Commandant approves the design of the project to ensure that it meets all applicable Coast Guard aid to navigation standards and requirements; (4) the non-Federal entity agrees to transfer the project upon completion to the Coast Guard to be operated and maintained by the Coast Guard as a Federal aid to navigation; (5) all permits required for the project under Federal and State law have been issued; and (6) the Commandant determines that the project satisfies such additional requirements as may be established by the Commandant. (c) Limitations.--Reimbursements under subsection (a) may not exceed the following: (1) For a single covered project, $5,000,000. (2) For all covered projects in a single fiscal year, $5,000,000. (d) Expiration.--The authority granted under this section shall expire on the date that is 4 years after the date of enactment of this section. (e) Covered Project Defined.--In this section, the term ``covered project'' means a project carried out by a non-Federal entity to construct and establish an aid to navigation that facilitates safe and efficient marine transportation on a federally authorized navigation channel.

Miscellaneous Maritime Transportation Amendments Act of 2016 National Positioning, Navigation, and Timing Resilience and Security Act of 2016 This bill directs the U.S. Coast Guard to develop a land-based system to backup its Global Position System (GPS). The bill revises the deadline for when certain fishing vessels must be in compliance with the alternate safety compliance program. Additionally, the Coast Guard is authorized to reimburse private entities for costs incurred to construct and establish an aid to navigation.

{"src": "billsum_train", "title": "Miscellaneous Maritime Transportation Amendments Act of 2016"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Children from Theft Act of 2017''. SEC. 2. PROTECTIONS FOR CREDIT REPORTS OF MINORS. (a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by inserting after section 605B the following new section: ``SEC. 605C. ADDITIONAL PROTECTIONS FOR CREDIT REPORTS OF MINOR CONSUMERS. ``(a) In General.--A consumer reporting agency described in section 603(p) shall, upon request by a covered guardian of a minor consumer, create a blocked file for the minor consumer or convert a file of the minor consumer already in existence to a blocked file. ``(b) Requirements.--The Bureau, by rule, shall establish procedures-- ``(1) for a consumer reporting agency described in section 603(p) to properly identify the covered guardian and the minor consumer prior to creating, converting, or unblocking a blocked file for such minor consumer; ``(2) for such a consumer reporting agency to create a blocked file for a minor consumer or to convert a file of a minor consumer already in existence to a blocked file; and ``(3) consistent with subsection (c), for a covered guardian to unblock a file. ``(c) Unblocking a File.-- ``(1) In general.--A consumer reporting agency described in section 603(p) shall unblock a blocked file upon request by a covered guardian or on the date of the 18th birthday of the minor consumer. ``(2) Alert statement.--An alert statement shall be included in a file unblocked pursuant to paragraph (1) if the minor consumer was a victim of fraud or identity theft before the date of the 18th birthday of the minor consumer as follows: ``(A) For a file unblocked upon request by a covered guardian, for a period of time beginning on the date such file is unblocked and ending on the date that is 1 year after the date of the 18th birthday of the minor consumer. ``(B) For a file unblocked on the date of the 18th birthday of the minor consumer, for a period of 1 year after such date. ``(3) Duty of reseller.--With respect to information concerning a consumer whose file contains an alert statement, a reseller shall include such alert statement when furnishing such information. ``(d) Fees.-- ``(1) In general.--The Bureau shall determine if a fee may be charged, and the amount of the fee charged, by a consumer reporting agency described in section 603(p) to create, convert, or unblock a file. ``(2) Fees prohibited.--A consumer reporting agency described in section 603(p) may not charge a fee to a minor consumer who was a victim of fraud or identity theft prior to the date of the minor's 18th birthday, to create, convert, or unblock a file. ``(e) Exceptions.--No provision of this section shall be construed as requiring a consumer reporting agency described in section 603(p) to prevent a Federal, State, or local law enforcement agency from accessing a blocked file. ``(f) Definitions.--In this section the following definitions shall apply: ``(1) Alert statement.--The term `alert statement' means a statement that-- ``(A) notifies all prospective users of a consumer report relating to the consumer that the consumer may be a victim of fraud, including identity theft; and ``(B) is presented in a manner that facilitates a clear and conspicuous view of the statement described in subparagraph (A) by any person requesting such consumer report. ``(2) Blocked file.--The term `blocked file' means a file of a minor consumer in which, pursuant to this section, a consumer reporting agency-- ``(A) maintains a file with the name, social security number, date of birth, and, if applicable, any credit information of the minor consumer; ``(B) may not provide any person with a consumer report of the minor consumer; and ``(C) blocks the input of any information into the file, except with permission from a covered guardian of the minor consumer. ``(3) Covered guardian.--The term `covered guardian' means-- ``(A) the legal guardian of a minor child; ``(B) the custodian of a minor child; or ``(C) in the case of a child in foster care, the State agency or Indian tribe or tribal organization responsible for the child's foster care. ``(4) Minor consumer.--The term `minor consumer' means a consumer who has not attained 18 years of age.''. (b) Table of Contents Amendment.--The table of contents of the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by inserting after the item related to section 605B the following new item: ``605C. Additional protections for credit reports of minor consumers.''.

Protect Children from Theft Act of 2017 This bill amends the Fair Credit Reporting Act to require a consumer reporting agency, upon request by the legal guardian or custodian of a minor consumer, to either create a blocked credit report for the minor or convert the minor's existing report to blocked status. With respect to a minor's blocked report, a consumer reporting agency: (1) must block the input of any information, except with permission from the minor's legal guardian or custodian; and (2) may not provide any person with a consumer report of the minor. A consumer reporting agency shall: (1) upon request by a minor's legal guardian or custodian, or on the minor's 18th birthday, unblock the minor's blocked report; and (2) if a minor consumer was a victim of fraud or identity theft before the minor's 18th birthday, include an alert statement in the minor's unblocked report. With respect to a minor consumer who was a victim of fraud or identity theft prior to the minor's 18th birthday, a consumer reporting agency may not charge a fee to create, convert, or unblock the minor's report. The Consumer Financial Protection Bureau must establish specified procedures related to the bill's implementation.

{"src": "billsum_train", "title": "Protect Children from Theft Act of 2017"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Identity Theft Protection Act of 2001''. SEC. 2. RESTRICTIONS ON THE USE OF THE SOCIAL SECURITY ACCOUNT NUMBER. (a) Repeal of Provisions Authorizing Certain Usages of the Social Security Account Number.--Section 205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)) is amended-- (1) in subparagraph (C), by striking ``(C)(i) It is the policy'' and all that follows through clause (vi); (2) by striking subparagraphs (C)(ix), (E), and (H); and (3) by redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F), respectively. (b) New Rules Applicable to Social Security Account Numbers.-- Section 205(c)(2) of such Act is amended further-- (1) by inserting after subparagraph (B) the following: ``(C)(i) All social security account numbers issued under this subsection shall be randomly generated. ``(ii) Except as otherwise provided in this paragraph-- ``(I) the social security account number issued under this subsection to any individual shall be the exclusive property of such individual, and ``(II) the Social Security Administration shall not divulge the social security account number issued to any individual under this subsection to any agency or instrumentality of the Federal Government, to any State, political subdivision of a State, or agency or instrumentality of a State or political subdivision thereof, or to any other individual. ``(iii) Clause (ii) shall not apply with respect to the use of the social security account number as an identifying number to the extent provided in section 6109(d) of the Internal Revenue Code of 1986 (relating to use of the social security account number for social security and related purposes).''; and (2) by redesignating clauses (vii) and (viii) of subparagraph (C) as clauses (iv) and (v), respectively. (c) Use of Social Security Account Numbers Under Internal Revenue Code.--Subsection (d) of section 6109 of the Internal Revenue Code of 1986 is amended-- (1) in the heading, by inserting ``for Social Security and Related Purposes'' after ``Number''; and (2) by striking ``this title'' and inserting ``section 86, chapter 2, and subtitle C of this title''. (d) Effective Dates and Related Rules.-- (1) Effective dates.--Not later than 60 days after the date of the enactment of this Act, the Commissioner of Social Security shall publish in the Federal Register the date determined by the Commissioner, in consultation with the Secretary of the Treasury, to be the earliest date thereafter by which implementation of the amendments made by this section is practicable. The amendments made by subsection (a) shall take effect on the earlier of such date or the date which occurs 5 years after the date of the enactment of this Act. The amendments made by subsection (b) shall apply with respect to social security account numbers issued on or after such earlier date. The amendments made by subsection (c) shall apply with respect to calendar quarters and taxable years beginning on or after such earlier date. (2) Reissuance of numbers.--The Commissioner of Social Security shall ensure that, not later than 5 years after the date of the enactment of this Act, all individuals who have been issued social security account numbers under section 205(c) of the Social Security Act as of the date prior to the earlier date specified in paragraph (1) are issued new social security account numbers in accordance with such section as amended by this section. Upon issuance of such new social security account numbers, any social security account numbers issued to such individuals prior to such earlier date specified in paragraph (1) shall be null and void and subject to the requirements of section 205(c)(2)(C)(ii)(II) of such Act, as amended by this section. Nothing in this section or the amendments made thereby shall be construed to preclude the Social Security Administration and the Secretary of the Treasury from cross-referencing such social security account numbers newly issued to individuals pursuant to this paragraph to the former social security account numbers of such individuals for purposes of administering title II or title XVI of such Act or administering the Internal Revenue Code of 1986 in connection with section 86, chapter 2, and subtitle C thereof. SEC. 3. CONFORMING AMENDMENTS TO PRIVACY ACT OF 1974. (a) In General.--Section 7 of the Privacy Act of 1974 (5 U.S.C. 552a note, 88 Stat. 1909) is amended-- (1) in subsection (a), by striking paragraph (2) and inserting the following: ``(2) The provisions of paragraph (1) of this subsection shall not apply with respect to any disclosure which is required under regulations of the Commissioner of Social Security pursuant to section 205(c)(2) of the Social Security Act or under regulations of the Secretary of the Treasury pursuant to section 6109(d) of the Internal Revenue Code of 1986.''; and (2) by striking subsection (b) and inserting the following: ``(b) Except with respect to disclosures described in subsection (a)(2), no agency or instrumentality of the Federal Government, a State, a political subdivision of a State, or any combination of the foregoing may request an individual to disclose his social security account number, on either a mandatory or voluntary basis.''. (b) Effective Date.--The amendments made by this section shall take effect on the earlier date specified in section 2(d)(1). SEC. 4. PROHIBITION OF GOVERNMENT-WIDE UNIFORM IDENTIFYING NUMBERS. (a) In General.--Except as authorized under section 205(c)(2) of the Social Security Act, any two agencies or instrumentalities of the Federal Government may not implement the same identifying number with respect to any individual. (b) Identifying Numbers.--For purposes of this section-- (1) the term ``identifying number'' with respect to an individual means any combination of alpha-numeric symbols which serves to identify such individual, and (2) any identifying number and any one or more derivatives of such number shall be treated as the same identifying number. (c) Effective Date.--The provisions of this section shall take effect January 1, 2003. SEC. 5. PROHIBITION OF GOVERNMENT-ESTABLISHED IDENTIFIERS. (a) In General.--Subject to subsection (b), a Federal agency may not-- (1) establish or mandate a uniform standard for identification of an individual that is required to be used by any other Federal agency, a State agency, or a private person for any purpose other than the purpose of conducting the authorized activities of the Federal agency establishing or mandating the standard; or (2) condition receipt of any Federal grant or contract or other Federal funding on the adoption, by a State, a State agency, or a political subdivision of a State, of a uniform standard for identification of an individual. (b) Transactions Between Private Persons.--Notwithstanding subsection (a), a Federal agency may not establish or mandate a uniform standard for identification of an individual that is required to be used within the agency, or by any other Federal agency, a State agency, or a private person, for the purpose of-- (1) investigating, monitoring, overseeing, or otherwise regulating a transaction to which the Federal Government is not a party; or (2) administrative simplification. (c) Repealer.--Any provision of Federal law enacted before, on, or after the date of the enactment of this Act that is inconsistent with subsection (a) or (b) is repealed, including sections 1173(b) and 1177(a)(1) of the Social Security Act (42 U.S.C. 1320d-2(b); 42 U.S.C. 1320d-6(a)(1)). (d) Definitions.--For purposes of this section: (1) Agency.--The term ``agency'' means any of the following: (A) An Executive agency (as defined in section 105 of title 5, United States Code). (B) A military department (as defined in section 102 of such title). (C) An agency in the executive branch of a State government. (D) An agency in the legislative branch of the Government of the United States or a State government. (E) An agency in the judicial branch of the Government of the United States or a State government. (2) State.--The term ``State'' means any of the several States, the District of Columbia, the Virgin Islands, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau. (e) Effective Date.--The provisions of this section shall take effect January 1, 2003.

Identity Theft Protection Act of 2001 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act and the Internal Revenue Code to establish new rules restricting the use of Social Security account numbers (SSNs) to applicable Social Security Administration and tax related purposes.Amends the Privacy Act of 1974 to prohibit any Federal, State, or local government agency from requiring or requesting an individual to disclose his SSN.Prohibits any two Federal agencies or instrumentalities from implementing the same identifying number with respect to any individual, except as authorized under this Act.Prohibits a Federal agency from: (1) establishing or mandating a uniform standard for individual identification that is required to be used by any other Federal or State agency or by a private person except for conducting the authorized activities of the Federal agency establishing or mandating the standard; or (2) conditioning receipt of any Federal grant or contract on the adoption, by a State or State agency or by a political subdivision of a State, of a uniform standard for individual identification.Prohibits a Federal agency from establishing or mandating a uniform standard for individual identification that is required to be used within the agency, or by any other Federal or State agency or by a private person for regulating a transaction to which the Federal Government is not a party, or for administrative simplification.

{"src": "billsum_train", "title": "To amend title II of the Social Security Act and the Internal Revenue Code of 1986 to protect the integrity and confidentiality of Social Security account numbers issued under such title, to prohibit the establishment in the Federal Government of any uniform national identifying number, and to prohibit Federal agencies from imposing standards for identification of individuals on other agencies or persons."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Defending Our Great Lakes Act of 2015''. SEC. 2. AQUATIC INVASIVE SPECIES CONTROL ZONE AT BRANDON ROAD LOCK AND DAM SITE, JOLIET, ILLINOIS. (a) Immediate Actions.-- (1) In general.--The Secretary of the Army, acting through the Chief of Engineers, the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service and the Director of the United States Geological Survey, the Administrator of the Environmental Protection Agency, and any other applicable Federal agency shall take immediate actions to prevent the upstream transfer of aquatic nuisance species from the Mississippi River basin to the Great Lakes basin through the Brandon Road Lock and Dam site. (2) Focus.--Actions under paragraph (1) shall place a special focus on Asian carp species and other aquatic nuisance species of concern to the Great Lakes as referenced in the Great Lakes Mississippi River Interbasin Study of the Army Corps of Engineers issued pursuant to section 1538 of Public Law 112-141 (126 Stat. 586). (b) Construction.-- (1) Required measures.--The Chief of Engineers shall implement measures to improve the Brandon Road Lock and Dam site to prevent the upstream transfer of Asian carp and other swimming aquatic nuisance species through the lock and dam, including-- (A) constructing an engineered channel in the approach to the site from the Mississippi River direction, as outlined in the report issued pursuant to section 1538 of Public Law 112-141 (126 Stat. 586); and (B) adding technologies and measures necessary for aquatic nuisance species control, while protecting the area's ecosystem to the greatest extent feasible. (2) Cost estimate and schedule.--Not later than 180 days after the date of enactment of this Act, the Chief of Engineers shall submit to Congress a cost estimate for, and schedule for completion of, measures to be constructed under this subsection. (c) Other Measures.--The Director of the United States Fish and Wildlife Service, in consultation with the Director of the United States Geological Survey, the Chief of Engineers, the Commandant of the United States Coast Guard, the Administrator of the Environmental Protection Agency, and the heads of other relevant agencies, shall implement all appropriate measures in compliance with applicable State and Federal law around the Brandon Road Lock and Dam site on the Illinois River to prevent the upstream transfer of swimming and floating aquatic nuisance species, with a focus on Asian carp species, including-- (1) implementing existing Asian carp monitoring and control strategies at the Brandon Road site, as applicable, including real-time monitoring for aquatic nuisance species passing through by using relevant technology; (2) using the Brandon Road Lock and Dam site to the maximum extent practicable to test new aquatic nuisance species control technologies and measures; (3) implementing control strategies identified through that testing necessary to fulfill the objectives of this section, considering those strategies that minimize the negative impact on the river ecosystem and desirable aquatic native species, while maintaining efficient navigation; and (4) developing best management practices to mitigate aquatic nuisance species transfer by boat and barge operators on the Illinois River and Chicago Sanitary and Shipping Canal and working with operators to implement the practices. (d) Administration.-- (1) Acquisition of real estate.--The Chief of Engineers may only acquire real estate that is necessary to carry out this section and shall do so pursuant to the laws (including regulations) in existence at the time of the acquisition. (2) Cooperation.--In carrying out this section, the Chief of Engineers, the Director of the United States Fish and Wildlife Service, and the Director of the United States Geological Survey shall coordinate with each other and-- (A) the Governors of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin; (B) the Chicago Area Waterway System Advisory Committee; and (C) any other applicable State, regional, local, and international government entity. (3) Consultation.--In carrying out this section, the Chief of Engineers, the Director of the United States Fish and Wildlife Service, and the Director of the United States Geological Survey shall consult with appropriate entities in the business, commerce, and environmental communities. SEC. 3. ACTIONS RELATED TO THE LONG-TERM PREVENTION OF AQUATIC NUISANCE SPECIES TRANSFER BETWEEN THE GREAT LAKES BASIN AND MISSISSIPPI RIVER BASIN. (a) In General.--The Secretary of the Army, acting through the Chief of Engineers, the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service and the Director of the United States Geological Survey, the Administrator of the Environmental Protection Agency, and any other applicable Federal entity shall take actions for the long-term prevention of aquatic nuisance species between the Mississippi River basin and the Great Lakes basin, including transfer through the Chicago Area Waterway System. (b) Construction.--The Chief of Engineers shall coordinate with the Governor of Illinois, the City of Chicago, the Metropolitan Water Reclamation District of Greater Chicago, and other relevant entities to design, engineer, and construct flood mitigation and water quality measures on the Chicago Area Waterway System related to the prevention of the transfer of aquatic nuisance species between the Mississippi River basin and the Great Lakes basin, including transfer through the Chicago Area Waterway System. (c) Requirements.--In carrying out subsection (b), the Chief of Engineers shall-- (1) coordinate with the City of Chicago and the Metropolitan Water Reclamation District of Greater Chicago to combine infrastructure to the maximum extent practicable with the Tunnel and Reservoir Plan of the Metropolitan Water Reclamation District of Greater Chicago, and other relevant storm and sewer water infrastructure projects; (2) ensure flood mitigation in the vicinity of the Chicago Area Waterway System is improved and strengthen protections against flooding for residential and commercial neighborhoods; (3) ensure water quality is protected in the Great Lakes, the Chicago Waterway System, and the Mississippi River basin consistent with the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); (4) provide for continued commercial and recreational watercraft traffic on the Chicago Area Waterway System, and maintain efficient navigation; and (5) prioritize efforts to prevent the upstream and downstream transfer of aquatic nuisance species. (d) Administration.-- (1) Cooperation.--In carrying out this section, the Chief of Engineers, the Director of the United States Fish and Wildlife Service, and the Director of the United States Geological Survey shall coordinate with each other and-- (A) the Governors of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin; (B) the Chicago Area Waterway System Advisory Committee; and (C) any other applicable State, regional, local, and international government entity. (2) Consultation.--In carrying out this section, the Chief of Engineers, the Director of the United States Fish and Wildlife Service, and the Director of the United States Geological Survey shall consult with appropriate entities in the business, commerce, and environmental communities. (3) Delegation.--In carrying out this section, the Chief of Engineers may delegate parts of the project to non-Federal entities subject to the availability of funding. (4) Identification of partners.--In carrying out this section, the Chief of Engineers shall work to identify non- Federal cost-share partners when applicable. (5) Acquisition of real estate.--The Chief of Engineers may only acquire real estate that is necessary to carry out this section and shall do so pursuant to the laws (including regulations) in existence at the time of the acquisition. (e) Report.-- (1) In general.--Not later than 18 months after the date of enactment of this Act, and each year thereafter, the Chief of Engineers shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the progress made, and a plan for further actions to be taken, under this section. (2) Public availability.--Reports under paragraph (1) shall be made available to the public through electronic means, including the Internet. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that there is an ongoing need to further examine and protect the tributaries and waterways located in other affected areas and States in the Great Lakes region, including at a minimum, the St. Croix River, the Minnesota River, the Wisconsin River, and the Ohio River, against the transfer of aquatic nuisance species.

Defending Our Great Lakes Act of 2015 This bill requires federal agencies to take immediate actions to prevent the upstream transfer of aquatic nuisance species from the Mississippi River basin to the Great Lakes basin through the Brandon Road Lock and Dam site. The actions must place a special focus on Asian carp species and other aquatic nuisance species of concern to the Great Lakes referred to in the Great Lakes Mississippi River Interbasin Study conducted by the U.S. Army Corps of Engineers. The Army Corps must implement measures to improve the site to prevent the upstream transfer of Asian carp and other aquatic nuisance species swimming through the lock and dam, including by constructing an engineered channel in the approach to the site from the Mississippi River direction. The U.S. Fish and Wildlife Service must implement all appropriate measures around the site on the Illinois River to prevent the upstream transfer of swimming and floating aquatic nuisance species, with a focus on Asian carp species. Federal entities must take actions for the long-term prevention of the transfer of aquatic nuisance species between the Mississippi River and Great Lakes basins, including through the Chicago Area Waterway System. The Army Corps must design, engineer, and construct flood mitigation and water quality measures on the Chicago Area Waterway System related to preventing such transfer.

{"src": "billsum_train", "title": "Defending Our Great Lakes Act of 2015"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Marijuana Effective Drug Studies Act of 2016'' or the ``MEDS Act''. SEC. 2. MARIJUANA RESEARCH. (a) In General.--Section 303(f) of the Controlled Substances Act (21 U.S.C. 823(f)) is amended-- (1) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively; (2) by striking ``(f) The Attorney General'' and inserting ``(f)(1) The Attorney General''; (3) by striking ``Registration applications'' and inserting the following: ``(2) Registration applications''; (4) in paragraph (2), as so designated, by striking ``schedule I'' each place that term appears and inserting ``schedule I, except marijuana,''; (5) by striking ``Article 7'' and inserting the following: ``(4) Article 7''; and (6) by inserting before paragraph (4), as so designated, the following: ``(3)(A) The Attorney General shall register a practitioner to conduct research with marijuana if-- ``(i) the applicant is authorized to dispense, or conduct research with respect to, controlled substances in schedules II, III, IV, and V under the laws of the State in which the applicant practices; ``(ii) the applicant's research protocol-- ``(I) has been reviewed and allowed by-- ``(aa) the Secretary under section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)); or ``(bb) the National Institutes of Health or another Federal agency that funds scientific research; or ``(II) in the case of nonhuman research that is not federally funded, has been voluntarily submitted by the applicant to, and approved by, the National Institutes of Health; and ``(iii) the applicant has demonstrated that there are effective procedures in place to adequately safeguard against diversion of the marijuana from legitimate medical or scientific use, in accordance with subparagraph (E). ``(B) The Attorney General shall grant an application for registration under this paragraph unless the Attorney General determines that the issuance of the registration would be inconsistent with the public interest. In determining the public interest, the following factors shall be considered: ``(i) The applicant's experience in dispensing, or conducting research with respect to, controlled substances. ``(ii) The applicant's conviction record under Federal or State laws relating to the manufacture, distribution, or dispensing of controlled substances. ``(iii) Compliance with applicable State, Federal, or local laws relating to controlled substances. ``(iv) Such other conduct by the applicant that may threaten the public health and safety. ``(C) Not later than 90 days after the date of enactment of this paragraph, for purposes of subparagraph (A)(ii)(II), the National Institutes of Health shall establish a process that-- ``(i) allows a researcher to voluntarily submit the research protocol of the researcher for review and approval; and ``(ii) provides a researcher described in clause (i) with a decision not later than 30 days after the date on which the research protocol is submitted. ``(D)(i) Not later than 60 days after the date on which the Attorney General receives a complete application for registration under this paragraph, the Attorney General shall-- ``(I) approve the application; or ``(II) serve an order to show cause upon the applicant in accordance with section 304(c). ``(ii) For purposes of clause (i), an application shall be deemed complete when the applicant has submitted documentation showing that the requirements under subparagraph (A) are satisfied. ``(E)(i) A researcher registered under this paragraph shall store marijuana to be used in research in a securely locked, substantially constructed cabinet. ``(ii) Any other security measures required by the Attorney General under this paragraph to safeguard against diversion shall be consistent with those required for practitioners conducting research on other controlled substances in schedules I and II that have a similar risk of diversion and abuse. ``(F)(i) If the Attorney General grants an application for registration under this paragraph, the applicant may amend or supplement the research protocol without reapplying if the applicant does not-- ``(I) change the type of drug, the source of the drug, or the conditions under which the drug is stored, tracked, or administered; or ``(II) otherwise increase the risk of diversion. ``(ii) If an applicant amends or supplements the research protocol under clause (i), the applicant shall, in order to renew the registration under this paragraph, provide notice to the Attorney General of the amended or supplemented research protocol in the applicant's renewal materials. ``(iii)(I) If an applicant amends or supplements the research protocol in a manner that involves a change to the type of drug, the source of the drug, or conditions under which the drug is stored, tracked, or administered or otherwise increases the risk of diversion, the applicant shall provide notice to the Attorney General not later than 30 days before proceeding on such amended or supplemental research protocol. ``(II) If the Attorney General does not object during the 30-day period following a notification under subclause (I), the applicant may proceed with the amended or supplemental research protocol. ``(iv) The Attorney General may object to an amended or supplemental research protocol under clause (i) or (iii) if additional security measures are needed to safeguard against diversion or abuse. ``(G) Article 28 of the Single Convention on Narcotic Drugs shall not be construed to prohibit, or impose additional restrictions upon, research involving marijuana that is conducted in accordance with this paragraph and other applicable provisions of this title. ``(H) If marijuana or a compound of marijuana is listed on a schedule other than schedule I-- ``(i) the provisions of this subsection that apply to research with a controlled substance in the applicable schedule shall apply to research with marijuana or that compound, as applicable; and ``(ii) subparagraphs (A) through (G) of this paragraph shall not apply to research with marijuana or that compound, as applicable.''. (b) Conforming Amendment.--Section 102(16) of the Controlled Substances Act (21 U.S.C. 802(16)) is amended by inserting ``or `marijuana''' after ``The term `marihuana'''. SEC. 3. MANUFACTURING OF MARIJUANA FOR CLINICAL USE. Section 303 of the Controlled Substances Act (21 U.S.C. 823) is amended by adding at the end the following: ``(j) Registration of Persons To Manufacture and Distribute Marijuana.-- ``(1) Manufacture and distribution for use in research.-- The Attorney General shall register an applicant to manufacture or distribute marijuana on behalf of the Federal Government to the extent that the marijuana is intended to be used exclusively for legitimate research and scientific uses, in accordance with the applicable requirements under subsection (a) or (b) of this section for registration of manufacturers or distributors of controlled substances in schedule I or II. ``(2) Manufacture and distribution for commercial production of fda-approved drugs.--The Attorney General shall register an applicant to manufacture or distribute marijuana on behalf of the Federal Government exclusively for the purpose of commercial production of a drug containing or derived from marijuana that is approved by the Secretary under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), in accordance with the applicable requirements under subsection (a) or (b) of this section for registration of manufacturers or distributors of controlled substances in schedule I or II. ``(3) No limit on number of manufacturers and distributors.--The Attorney General shall not impose a limit on the number of applicants eligible to be registered under paragraph (1) or (2). ``(4) Timing.--Not later than 30 days after the date on which the Attorney General receives an application for registration under paragraph (1) or (2), the Attorney General shall-- ``(A) grant the application; or ``(B) serve an order to show cause upon the applicant in accordance with section 304(c). ``(5) Determination of supply.--In considering the factors under subsection (a) or (b), as applicable, for the purposes of registering an applicant eligible under paragraph (1) or (2) of this subsection, the Attorney General shall consider the demand from researchers for an adequate and uninterrupted supply of specific strains of marijuana and for marijuana grown pursuant to specific manufacturing processes. ``(6) Relation to the single convention on narcotic drugs.-- ``(A) Constructive possession and control.--The registration of manufacturers and distributors of marijuana under paragraphs (1) and (2) shall constitute constructive possession and control by the Federal Government for the purposes of the obligations under the Single Convention on Narcotic Drugs. ``(B) Article 28.--Article 28 of the Single Convention on Narcotic Drugs shall not be construed to prohibit, or impose additional restrictions upon, the manufacturing of marijuana that is conducted in accordance with paragraph (1) or (2), as applicable, and other applicable provisions of this title.''. SEC. 4. GOOD MANUFACTURING PRACTICES. Not later than 180 days after the date of enactment of this Act, the National Institute for Drug Abuse shall develop and publish recommendations for good manufacturing practices for growing and producing marijuana (as defined in section 102 of the Controlled Substance Act (21 U.S.C. 802), as amended by this Act) for research. SEC. 5. QUOTAS. Section 306(e) of the Controlled Substances Act (21 U.S.C. 826(e)) is amended in the third sentence by striking ``exceeds the aggregate of the quotas of all registrants under this section'' and inserting ``should be increased to meet the changing medical, scientific, and industrial needs for the controlled substance''. SEC. 6. TERMINATION OF INTERDISCIPLINARY REVIEW PROCESS FOR NON-NIH- FUNDED RESEARCHERS. The Secretary of Health and Human Services may not-- (1) reinstate the Public Health Service interdisciplinary review process described in the guidance entitled ``Guidance on Procedures for the Provision of Marijuana for Medical Research'' (issued on May 21, 1999); or (2) create an additional review of scientific protocols that is conducted only for research on marijuana (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802), as amended by section 2(b)) other than the review of research protocols performed at the request of a researcher conducting nonhuman research that is not federally funded, in accordance with section 303(f)(3)(A)(ii)(II) of the Controlled Substances Act (21 U.S.C. 823(f)(3)(A)(ii)(II)), as amended by section 2(a).

Marijuana Effective Drug Studies Act of 2016 or the MEDS Act This bill amends the Controlled Substances Act to: establish, with respect to marijuana research, a new federal registration process that is separate from the process for research involving other schedule I drugs; establish a process for registering persons to manufacture or distribute marijuana for purposes of either research or the commercial production of certain approved drugs containing or derived from marijuana; and modify other requirements related to marijuana research and production.

{"src": "billsum_train", "title": "MEDS Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cruise Line Accurate Safety Statistics Act''. SEC. 2. REQUIREMENT TO REPORT CRIMES AND OTHER INFORMATION. (a) Requirement.--The owner of a cruise ship that calls at a port in the United States shall report to the Secretary-- (1) each covered crime that occurred on the cruise ship in the course of the voyage (or voyage segment) that ends at that port, in which a citizen of the United States was a victim, by not later than 4 hours after the crime is reported to the master of the cruise ship; (2) each incident on the cruise ship in the course of the voyage (or voyage segment) in which a citizen of the United States was missing or reported overboard for a period of 4 hours or more, by not later than 4 hours after the incident is reported to the master of the cruise ship; and (3) by not later than the end of each of March, June, September, and December of each year-- (A) each crime that occurred on the cruise ship in the preceding 3-month period; and (B) each incident on the cruise ship in the preceding 3-month period in which an individual was missing or reported overboard for a period of 4 hours or more. (b) Availability of Information.--The Secretary shall make information reported under this section available to the public, including on a site on the Internet. SEC. 3. INSPECTION OF CRUISE SHIPS. (a) Requirement.--The Secretary shall inspect each cruise ship that seeks to enter a port in the United States to determine whether the cruise ship has adequate equipment and trained personnel to investigate covered crimes on the vessel in accordance with regulations under subsection (b). (b) Regulations.--The Secretary shall issue regulations by not later than 6 months after the date of the enactment of this Act that establish what constitutes adequate equipment and trained personnel for purposes of this section. SEC. 4. DISCLOSURES BY CRUISE LINES. (a) Requirement.--Any cruise line that sells a ticket for carriage of an individual on a cruise ship that, during such carriage, will call at a port in the United States shall-- (1) before selling the ticket, refer the individual to the Internet site referred to in section 2(b); and (2) provide to the individual-- (A) the name of each country the cruise ship will visit during the course of such carriage; and (B) the locations in such country of the embassy and each consulate of the United States. (b) Regulations.--The Secretary shall issue regulations by not later than 6 months after the date of the enactment of this Act that establish what constitutes a cruise line for purposes of this section. SEC. 5. PENALTY. (a) In General.--A person shall be liable for a civil penalty of not more than $250,000, if-- (1) the person is the owner of a cruise ship and-- (A) the person fails to report in accordance with section 2; or (B) the Secretary determines in an inspection of the cruise ship under section 3 that the cruise ship does not have adequate equipment and trained personnel; or (2) the person fails to provide information to the purchaser of a cruise ship ticket as required by section 4. (b) Assessment of Penalty.--The Secretary shall assess a civil penalty under this section. (c) Liability in Rem.--A cruise ship shall be liable in rem for a civil penalty under subsection (a)(1) that is assessed with respect to the cruise ship. (d) Denial of Entry.--The Secretary of the department in which the Coast Guard is operating may deny entry into the United States to a cruise vessel if the owner of the cruise vessel-- (1) commits an act or omission for which a civil penalty may be imposed under this subsection (a)(1); or (2) fails to pay a civil penalty imposed on the owner under this section. SEC. 6. DEFINITIONS. In this Act: (1) Covered crime.--The term ``covered crime'' means-- (A) any act or omission that, if committed in an area subject to the jurisdiction of the United States, would be a violation of-- (i) section 81 of title 18, United States Code (relating to arson); (ii) section 114 of such title (relating to maiming); (iii) section 611 of such title (relating to certain crimes within the special maritime and territorial jurisdiction); (iv) section 1111 of such title (relating to murder); (v) section 1112 of such title (relating to manslaughter); (vi) section 1201 of such title (relating to kidnaping); or (vii) section 2241 of such title (relating to aggravated sexual abuse); and (B) any assault that, if committed in an area subject to the jurisdiction of the United States, would be a violation of section 13 of title 18, United States Code. (2) Cruise ship.--The term ``cruise ship''-- (A) except as provided in subparagraph (B), means any vessel over 100 gross registered tons, that-- (i) is capable of carrying more than 12 passengers for hire; (ii) carries passengers for hire on a voyage lasting more than 24 hours, any part of which is on the high seas; and (iii) embarks or disembarks passengers in the United States (including any commonwealth or territories of the United States); and (B) does not include a ferry that-- (i) has been issued a Certificate of Inspection endorsed for lakes, bays, and sounds; and (ii) transits international waters for only short periods of time on frequent schedules. (3) Secretary.--The term ``Secretary'' means the Secretary of the department in which the Coast Guard is operating.

Cruise Line Accurate Safety Statistics Act - Requires the owner of a cruise ship that calls at a U.S. port to report to the Secretary of the department in which the Coast Guard is operating each: (1) crime that occurred on the cruise ship in which a U.S. citizen was a victim; (2) incident on a cruise ship in which a U.S. citizen was missing or reported overboard for four hours or more; and (3) crime and incident that occurred on the cruise ship in the preceding three-month period. Requires the Secretary to make such information available to the public, including on a site on the Internet. Directs the Secretary to inspect each cruise ship that enters a U.S. port to determine whether such ship has adequate equipment and trained personnel to investigate such crimes. Requires a cruise line that sells a ticket for carriage of an individual on a cruise ship that will call at a U.S. port to: (1) refer such individual to the Internet site before selling the ticket; and (2) provide the individual with the name of each country the cruise ship will visit, as well as the locations of each U.S. embassy and consulate in such country. Sets forth civil penalties for persons that violate the requirements of this Act.

{"src": "billsum_train", "title": "To require the owner of a cruise ship that calls at a port in the United States to report to the Secretary of the department in which the Coast Guard is operating crimes that occur on the cruise ship in which a citizen of the United States was a victim, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Dialogue on Social Security Act of 1998''. TITLE I--NATIONAL DIALOGUE ON SOCIAL SECURITY SEC. 101. ESTABLISHMENT OF NATIONAL DIALOGUE. As soon as practicable after the date of the enactment of this Act, the President, the Speaker of the House of Representatives, and the Majority Leader of the Senate shall jointly convene a National Dialogue on the old-age, survivors, and disability insurance program under title II of the Social Security Act. The purpose of the National Dialogue shall be to engage, by means of regional conferences and national Internet exchanges, the American public in understanding the current program, the problems it faces, and the need to find solutions that will be workable for all generations and to generate comments, suggestions, and recommendations from the citizens for social security reform. SEC. 102. FACILITATORS. The National Dialogue conducted pursuant to section 101 shall operate under the administration and coordination of two Facilitators, one of whom shall be appointed by the President, in consultation with the Minority Leader of the House of Representatives and the Minority Leader of the Senate, and one of whom shall be appointed jointly by the Speaker of the House of Representatives and the Majority Leader of the Senate. The Facilitators shall be appointed within 30 days after the date of the enactment of this Act. The Facilitators shall be appointed from among individuals known for their integrity, impartiality, and good judgment, who are, by reason of their education, experience, and attainments, exceptionally qualified to perform the duties of such office. The Facilitators may serve until termination of the National Dialogue under section 108. SEC. 103. PLANS FOR NATIONAL DIALOGUE. After consultation with the President, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate, the Facilitators shall transmit the final plans for the development and operations of the National Dialogue to the President and each House of the Congress not later than 60 days after the date of the enactment of this Act. SEC. 104. DIALOGUE COUNCIL. (a) Establishment and Duties.--There is established a Dialogue Council. It shall be the duty of the Dialogue Council to advise the Facilitators in the development and operations of, and to promote nationwide participation in, the National Dialogue. (b) Membership.-- (1) In general.--The Dialogue Council shall be composed of 36 of the individuals nominated pursuant to paragraph (2), of whom-- (A) nine shall be appointed by the Speaker of the House of Representatives; (B) four shall be appointed by the Minority Leader of the House of Representatives; (C) nine shall be appointed by the Majority Leader of the Senate; (D) four shall be appointed by the Minority Leader of the Senate; and (E) ten shall be appointed by the President. To the extent practicable, the members shall include both men and women and shall be selected so as to ensure that individuals born before 1946, individuals born in or after 1946 and before 1961, and individuals born in or after 1961 are equally represented within the membership. (2) Nominations.--Individuals shall be appointed under paragraph (1) from a group of 54 individuals, consisting of individuals nominated in sets of two each, respectively, by each of the following 27 private organizations: (A) American Association of Retired Persons; (B) United Seniors Association; (C) American Federation of Labor and Congress of Industrial Organizations; (D) The National Hispanic Council on Aging; (E) The Older Women's League; (F) Association of Private Pension and Welfare Plans; (G) Cato Institute; (H) Employee Benefit Research Institute; (I) Americans Discuss Social Security; (J) Third Millennium; (K) The U.S. Junior Chamber of Commerce; (L) Americans for Hope, Growth, and Opportunity; (M) National Federation of Independent Businesses; (N) The Concord Coalition; (O) National Caucus and Center on Black Aged; (P) Campaign for America's Future; (Q) The Heritage Foundation; (R) The Brookings Institution; (S) The 2030 Center; (T) National Council of Senior Citizens; (U) Center on Budget and Policy Priorities; (V) National Committee to Preserve Social Security and Medicare; (W) United States Chamber of Commerce; (X) Pension Rights Center; (Y) Consortium for Citizens with Disabilities; (Z) National Association of Manufacturers; and (AA) National Association for the Self-Employed. (c) Administration.--The Dialogue Council shall meet at the call of the Facilitators. The Dialogue Council shall be subject to the Federal Advisory Committee Act. Members of the Council shall receive no pay, allowances, or benefits by reason of their service on the Council (other than any private funding of costs pursuant to section 105). (d) Termination.--The Dialogue Council shall terminate upon the termination of the National Dialogue under section 108. SEC. 105. PRIVATE SPONSORSHIP AND OTHER REQUIREMENTS. The National Dialogue conducted pursuant to section 101 shall operate by means of sponsorship by private, nonpartisan organizations of conferences which shall be convened in localities across the Nation, which shall be geographically representative of the Nation as a whole, and which shall provide for participation which is representative of all age groups in the population. The Facilitators shall encourage and coordinate the sponsorship by such organizations of the National Dialogue and shall ensure that all costs relating to the functions of the Facilitators and the Dialogue Council under sections 104 and 107 and not referred to in section 109 are borne by such organizations or, as appropriate, by other private contributions. The source and amounts of contributions made pursuant to this section shall be made available to the public. SEC. 106. CONSTITUENCY INPUT. (a) In General.--In order to assure that the widest possible degree of opinion is received by Members of Congress regarding the future of the old-age, survivors, and disability insurance program under title II of the Social Security Act, each Member may, in connection with the National Dialogue, develop with grassroots organizations and other constituency groups within the Member's district ongoing systems of communication through the use of the Internet and other available electronic capabilities. Such groups include, but are not limited to, key opinion leaders, journalists, business representatives, union members, and students of all age groups. (b) Internet Dialogue Coordination.-- (1) Internet dialogue coordinator.--The Facilitators shall appoint an Internet Dialogue Coordinator who shall assist Members of Congress in establishing systems of communication as described in subsection (a). In carrying out the Coordinator's duties, the Coordinator shall-- (A) establish a national dialogue web site, which may include, but is not limited to, personal financial planning, Federal budget impact exercises, ongoing public opinion tallies regarding legislative proposals, moderated chat rooms, and threaded newsgroups; (B) assist Members' offices in establishing connections to the national dialogue web site; (C) assist Members in coordinating a national electronic town hall meeting on the future of social security; (D) advise Members regarding the most effective technological means for reaching out to constituent groups for purposes of this section; and (E) work with other Internet-oriented groups to broaden the reach of Internet capability for purposes of this section. (2) Internet advisory board.-- (A) Establishment.--There is established an Internet Advisory Board. It shall be the duty of the Board to advise the Internet Dialogue Coordinator in the most appropriate and effective means of employing the Internet under this section. (B) Membership.--The Board shall consist of 3 members appointed by the Facilitators from among individuals recognized for their expertise relating to the Internet. (C) Administration.--The Board shall meet at the call of the Internet Dialogue Coordinator. The Board shall be subject to the Federal Advisory Committee Act. Members of the Board shall receive no pay, allowances, or benefits by reason of their service on the Board, except that any member of the Board who is not otherwise an officer or employee of the Federal Government shall receive travel expenses and per diem in lieu of subsistence in accordance with sections 5702 and 5703 of title 5, United States Code. (c) Reports.--The Internet Dialogue Coordinator shall periodically report in writing to the Facilitators the results of the systems of communication established pursuant to this section. (d) Termination.--The provisions of this section shall terminate upon the termination of the National Dialogue under section 108. SEC. 107. REPORTS. From time to time during the National Dialogue, the Facilitators shall catalog, summarize, and submit to the Bipartisan Panel to Design Long-Range Social Security Reform the comments, suggestions, and recommendations generated under the National Dialogue. SEC. 108. TERMINATION. The National Dialogue conducted pursuant to section 101 shall terminate January 1, 1999. SEC. 109. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated, from amounts otherwise available in the general fund of the Treasury, such sums as are necessary to provide for the compensation of the Facilitators and to carry out the provisions of section 106. TITLE II--BIPARTISAN PANEL TO DESIGN LONG-RANGE SOCIAL SECURITY REFORM SEC. 201. ESTABLISHMENT OF PANEL. There is established a panel to be known as the Bipartisan Panel to Design Long-Range Social Security Reform (in this title referred to as the ``Panel''). SEC. 202. DUTIES OF PANEL. The Panel shall 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. SEC. 203. MEMBERSHIP OF THE PANEL. (a) Number and Appointment.--The Panel shall be composed of eight members, of whom-- (1) four shall be appointed jointly by the Speaker of the House of Representatives and the Majority Leader of the Senate; (2) two shall be appointed by the President; and (3) two shall be appointed jointly by the Minority Leader of the House of Representatives and the Minority Leader of the Senate. The members of the Panel shall consist of individuals who are of recognized standing and distinction, who can represent the multiple generations who have a stake in the viability of the system, and who possess a demonstrated capacity to discharge the duties imposed on the Panel. At least one of the members shall be appointed from individuals representing the interests of employees, and at least one of the members shall be appointed from individuals representing the interests of employers. (b) Co-Chairs.--The officials referred to in paragraphs (1) through (3) of subsection (a) shall designate two of the members of the Panel to serve as Co-Chairs of the Panel, who shall jointly chair the Panel, determine its duties, and supervise its staff. (c) Terms of Appointment.--The members of the Panel shall serve for the life of the Panel. (d) Vacancies.--A vacancy in the Panel shall not affect the power of the remaining members to execute the duties of the Panel, but any such vacancy shall be filled in the same manner in which the original appointment was made. SEC. 204. PROCEDURES. (a) Meetings.--The Panel shall meet at the call of its Co-Chairs or a majority of its members. (b) Quorum.--A quorum shall consist of five members of the Panel, except that a lesser number may conduct a hearing under subsection (c). (c) Hearings and Other Activities.--For the purpose of carrying out its duties, the Panel may hold such hearings and undertake such other activities as the Panel determines to be necessary to carry out its duties. Meetings held by the Panel shall be conducted in accordance with the Federal Advisory Committee Act. (d) Obtaining Information.--Upon request of the Panel, the Commissioner of Social Security and the head of any other agency or instrumentality of the Federal Government shall furnish information deemed necessary by the Panel to enable it to carry out its duties. SEC. 205. ADMINISTRATION. (a) Compensation.--Except as provided in subsection (b), members of the Panel shall receive no additional pay, allowances, or benefits by reason of their service on the Panel. (b) Travel Expenses and per Diem.--Each member of the Panel who is not a present Member of the Congress and who is not otherwise an officer or employee of the Federal Government shall receive travel expenses and per diem in lieu of subsistence in accordance with sections 5702 and 5703 of title 5, United States Code. (c) Staff and Support Services.-- (1) Staff director.-- (A) Appointment.--The Panel shall appoint a staff director of the Panel. (B) Compensation.--The staff director shall be paid at a rate not to exceed the rate established for level III of the Executive Schedule. (2) Staff.--The Panel shall appoint such additional personnel as the Panel determines to be necessary. (3) Applicability of civil service laws.--The staff director and other members of the staff of the Panel shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (4) Experts and consultants.--With the approval of the Panel, the staff director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (d) Contract Authority.--The Panel may contract with and compensate government and private agencies or persons for items and services, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). (e) Physical Facilities.--The Architect of the Capitol, in consultation with the appropriate entities in the legislative branch, shall locate and provide suitable office space for the operation of the Panel on a reimbursable basis. The facilities shall serve as the headquarters of the Panel and shall include all necessary equipment and incidentals required for the proper functioning of the Panel. (f) Detail of Federal Employees.--Upon the request of the Panel, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of such agency to the Panel to assist the Panel in carrying out its duties. (g) Use of Mails.--The Panel may use the United States mails in the same manner and under the same conditions as Federal agencies and shall, for purposes of the frank, be considered a commission of Congress as described in section 3215 of title 39, United States Code. (h) Administrative Support Services.--Upon the request of the Panel, the Architect of the Capitol shall provide to the Panel on a reimbursable basis such administrative support services as the Panel may request. (i) Printing.--For purposes of costs relating to printing and binding, including the cost of personnel detailed from the Government Printing Office, the Panel shall be deemed to be a committee of the Congress. SEC. 206. REPORT. (a) In General.--Not later than February 1, 1999, the Panel shall submit to the President, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate a report which shall contain a detailed statement of the findings and conclusions of the Panel, including the set of recommendations required under section 202. The report shall include only those recommendations of the Panel that receive the approval of at least six members of the Panel, including both Co-Chairs. (b) Sense of the Congress.--It is the sense of the Congress that, pending the report of the Panel under subsection (a), the Federal unified budget surplus should be dedicated to reducing the Federal debt held by the public, increasing the retirement income security of individuals and insuring the solvency of the Social Security system. SEC. 207. TERMINATION. The Panel shall terminate March 31, 1999. SEC. 208. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated from the Federal Old-Age and Survivors Insurance Trust Fund such sums as are necessary to carry out the purposes of this title, but not to exceed $2,000,000. Passed the House of Representatives April 29, 1998. Attest: ROBIN H. CARLE, Clerk.

TABLE OF CONTENTS: Title I: National Dialogue on Social Security Title II: Bipartisan Panel to Design Long-Range Social Security Reform National Dialogue on Social Security Act of 1998 - Title I: National Dialogue on Social Security - Directs the President, the Speaker of the House of Representatives, and the Majority Leader of the Senate to jointly convene a National Dialogue (ND) on the Old-Age, Survivors and Disability Insurance (OASDI) program under title II of the Social Security Act. Makes ND's stated purpose to engage the American public, through regional conferences and national Internet exchanges, in understanding OASDI, its problems, and the need for workable solutions and to generate public comments and recommendations for social security reform. Establishes a Dialogue Council to advise the two national Facilitators appointed to administer and coordinate ND in its development and operations, the final plans for such to be transmitted to the President and the Congress by the Facilitators. Requires ND to operate by means of private sponsorship. Authorizes each Member of Congress, to the extent practicable, to develop with grassroots organizations and other constituency groups within the Member's district ongoing systems of communication through the Internet to assure the widest possible degree of receipt of public opinion. Establishes an Internet Advisory Board to advise the Internet Dialogue Coordinator appointed by the Facilitators to assist Members in establishing such systems of communication with regard to the most appropriate and effective means of employing the Internet to generate constituency input. Requires the Coordinator to establish a national dialogue web site. Authorizes appropriations from the general fund of the Treasury. Title II: Bipartisan Panel to Design Long-Range Social Security Reform - Establishes the Bipartisan Panel to Design Long-Range Social Security Reform, which shall design, and report to the President and specified congressional committees, a single set of legislative and administrative recommendations for long-range reforms for restoring the solvency of the social security system and for maintaining retirement income security. Expresses the sense of the Congress that, pending the Panel's report, the Federal unified budget surplus should be dedicated to reducing the Federal debt held by the public, increasing the retirement income security of individuals, and insuring the solvency of the social security system. Authorizes appropriations from the Federal Old-Age and Survivors Insurance Trust Fund.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Long-Term Care Support Act of 2004''. SEC. 2. FINDINGS. The Congress hereby finds: (1) As our Nation's seniors live longer lives, the United States faces a major challenge in long-term health care needs. (2) The United States does not have a comprehensive system to support long-term care needs. (3) Since the late 1980s the proportion of households in the United States involved in unpaid caregiving activities jumped to over 25 percent. (4) Eighty-three percent of people over age 85 have a functional limitation or chronic health care condition requiring care. (5) Medicare spending on home health care has decreased significantly during the last 10 years and long-term care is expected to place a huge burden on State Medicaid programs, which are the primary source of funding for nursing homes. SEC. 3. DEDUCTION FOR QUALIFIED LONG-TERM CARE INSURANCE PREMIUMS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. 224. PREMIUMS ON QUALIFIED LONG-TERM CARE INSURANCE CONTRACTS. ``(a) In General.--In the case of an individual, there shall be allowed as a deduction an amount equal to the applicable percentage of the amount of eligible long-term care premiums (as defined in section 213(d)(10)) paid during the taxable year for coverage for the taxpayer or any member of the family of the taxpayer under a qualified long-term care insurance contract (as defined in section 7702B(b)). ``(b) Applicable Percentage.--For purposes of subsection (a), the applicable percentage shall be determined in accordance with the following table: ``For taxable years beginning in The applicable percentage is-- calendar year-- 2005...................................... 50 2006...................................... 75 2007 or thereafter........................ 100. ``(c) Member of the Family.--For purposes of this section, the term `member of the family' means, with respect to any individual-- ``(1) the spouse of the individual, ``(2) an ancestor or lineal descendant of the individual or the individual's spouse, ``(3) a brother or sister of the individual or any individual described in paragraph (1) or (2), and ``(4) the spouse of any individual described in paragraph (2) or (3). ``(d) Coordination With Other Deductions.--Any amount paid by a taxpayer for any qualified long-term care insurance contract to which subsection (a) applies shall not be taken into account in computing the amount allowable to the taxpayer as a deduction under section 162(l) or 213(a).''. (b) Long-Term Care Insurance Permitted To Be Offered Under Cafeteria Plans and Flexible Spending Arrangements.-- (1) Cafeteria plans.--Section 125(f) of the Internal Revenue Code of 1986 (defining qualified benefits) is amended by inserting before the period at the end ``; except that such term shall include the payment of premiums for any qualified long-term care insurance contract (as defined in section 7702B) to the extent the amount of such payment does not exceed the eligible long-term care premiums (as defined in section 213(d)(10)) for such contract''. (2) Flexible spending arrangements.--Section 106 of such Code (relating to contributions by an employer to accident and health plans) is amended by striking subsection (c). (c) Conforming Amendments.-- (1) Section 62(a) of the Internal Revenue Code of 1986 is amended by inserting after paragraph (19) the following new item: ``(20) Premiums on qualified long-term care insurance contracts.--The deduction allowed by section 224.''. (2) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 224. Premiums on qualified long- term care insurance contracts. ``Sec. 225. Cross reference.''. (d) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 2004. (2) Cafeteria plans and flexible spending arrangements.-- The amendments made by subsection (b) shall apply to taxable years beginning after December 31, 2006. SEC. 4. CREDIT FOR TAXPAYERS WITH LONG-TERM CARE NEEDS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25B the following new section: ``SEC. 25C. CREDIT FOR TAXPAYERS WITH LONG-TERM CARE NEEDS. ``(a) Allowance of Credit.-- ``(1) In general.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable credit amount multiplied by the number of applicable individuals with respect to whom the taxpayer is an eligible caregiver for the taxable year. ``(2) Applicable credit amount.--For purposes of paragraph (1), the applicable credit amount shall be determined in accordance with the following table: ``For taxable years beginning in The applicable credit amount is-- calendar year-- 2005.......................................... $1,000 2006.......................................... 1,500 2007.......................................... 2,000 2008.......................................... 2,500 2009 or thereafter............................ 3,000. ``(b) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--The amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by $100 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds the threshold amount. For purposes of the preceding sentence, the term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(2) Threshold amount.--For purposes of paragraph (1), the term `threshold amount' means-- ``(A) $150,000 in the case of a joint return, and ``(B) $75,000 in any other case. ``(3) Indexing.--In the case of any taxable year beginning in a calendar year after 2005, each dollar amount contained in paragraph (2) shall be increased by an amount equal to the product of-- ``(A) such dollar amount, and ``(B) the medical care cost adjustment determined under section 213(d)(10)(B)(ii) for the calendar year in which the taxable year begins, determined by substituting `August 2004' for `August 1996' in subclause (II) thereof. If any increase determined under the preceding sentence is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50. ``(c) Definitions.--For purposes of this section-- ``(1) Applicable individual.-- ``(A) In general.--The term `applicable individual' means, with respect to any taxable year, any individual who has been certified, before the due date for filing the return of tax for the taxable year (without extensions), by a physician (as defined in section 1861(r)(1) of the Social Security Act) as being an individual with long-term care needs described in subparagraph (B) for a period-- ``(i) which is at least 180 consecutive days, and ``(ii) a portion of which occurs within the taxable year. Such term shall not include any individual otherwise meeting the requirements of the preceding sentence unless within the 39\1/2\ month period ending on such due date (or such other period as the Secretary prescribes) a physician (as so defined) has certified that such individual meets such requirements. ``(B) Individuals with long-term care needs.--An individual is described in this subparagraph if the individual meets any of the following requirements: ``(i) The individual is at least 6 years of age and-- ``(I) is unable to perform (without substantial assistance from another individual) at least 3 activities of daily living (as defined in section 7702B(c)(2)(B)) due to a loss of functional capacity, or ``(II) requires substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment and is unable to preform, without reminding or cuing assistance, at least 1 activity of daily living (as so defined) or to the extent provided in regulations prescribed by the Secretary (in consultation with the Secretary of Health and Human Services), is unable to engage in age appropriate activities. ``(ii) The individual is at least 2 but not 6 years of age and is unable due to a loss of functional capacity to perform (without substantial assistance from another individual) at least 2 of the following activities: eating, transferring, or mobility. ``(iii) The individual is under 2 years of age and requires specific durable medical equipment by reason of a severe health condition or requires a skilled practitioner trained to address the individual's condition to be available if the individual's parents or guardians are absent. ``(2) Eligible caregiver.-- ``(A) In general.--A taxpayer shall be treated as an eligible caregiver for any taxable year with respect to the following individuals: ``(i) The taxpayer. ``(ii) The taxpayer's spouse. ``(iii) An individual with respect to whom the taxpayer is allowed a deduction under section 151 for the taxable year. ``(iv) An individual who would be described in clause (iii) for the taxable year if section 151(c)(1)(A) were applied by substituting for the exemption amount an amount equal to the sum of the exemption amount, the standard deduction under section 63(c)(2)(C), and any additional standard deduction under section 63(c)(3) which would be applicable to the individual if clause (iii) applied. ``(v) An individual who would be described in clause (iii) for the taxable year if-- ``(I) the requirements of clause (iv) are met with respect to the individual, and ``(II) the requirements of subparagraph (B) are met with respect to the individual in lieu of the support test of section 152(a). ``(B) Residency test.--The requirements of this subparagraph are met if an individual has as his principal place of abode the home of the taxpayer and-- ``(i) in the case of an individual who is an ancestor or descendant of the taxpayer or the taxpayer's spouse, is a member of the taxpayer's household for over half the taxable year, or ``(ii) in the case of any other individual, is a member of the taxpayer's household for the entire taxable year. ``(C) Special rules where more than 1 eligible caregiver.-- ``(i) In general.--If more than 1 individual is an eligible caregiver with respect to the same applicable individual for taxable years ending with or within the same calendar year, a taxpayer shall be treated as the eligible caregiver if each such individual (other than the taxpayer) files a written declaration (in such form and manner as the Secretary may prescribe) that such individual will not claim such applicable individual for the credit under this section. ``(ii) No agreement.--If each individual required under clause (i) to file a written declaration under clause (i) does not do so, the individual with the highest modified adjusted gross income (as defined in section 32(c)(5)) shall be treated as the eligible caregiver. ``(iii) Married individuals filing separately.--In the case of married individuals filing separately, the determination under this subparagraph as to whether the husband or wife is the eligible caregiver shall be made under the rules of clause (ii) (whether or not one of them has filed a written declaration under clause (i)). ``(d) Identification Requirement.--No credit shall be allowed under this section to a taxpayer with respect to any applicable individual unless the taxpayer includes the name and taxpayer identification number of such individual, and the identification number of the physician certifying such individual, on the return of tax for the taxable year. ``(e) Taxable Year Must Be Full Taxable Year.--Except in the case of a taxable year closed by reason of the death of the taxpayer, no credit shall be allowable under this section in the case of a taxable year covering a period of less than 12 months.''. (b) Conforming Amendments.-- (1) Section 6213(g)(2) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (K), by striking the period at the end of subparagraph (M) and inserting ``, and'', and by inserting after subparagraph (M) the following new subparagraph: ``(N) an omission of a correct TIN or physician identification required under section 25C(d) (relating to credit for taxpayers with long-term care needs) to be included on a return.''. (2) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25B the following new item: ``Sec. 25C. Credit for taxpayers with long-term care needs.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004. SEC. 5. INCREASED FUNDING FOR NATIONAL FAMILY CAREGIVER SUPPORT PROGRAM. (a) In General.--Section 303(e)(1) of the Older Americans Act of 1965 (42 U.S.C. 3023(e)(1)) is amended by striking ``$125,000,000 for fiscal year 2001'' and inserting ``$250,000,000 for fiscal year 2005''. (b) Native Americans.--Section 643(2) of the Older Americans Act of 1965 (42 U.S.C. 3057n(2)) is amended by striking ``$5,000,000 for fiscal year 2001'' and inserting ``$10,000,000 for fiscal year 2005''.

Comprehensive Long-Term Care Support Act of 2004 - Amends the Internal Revenue Code to allow a deduction from gross income (available for taxpayers who do not itemize deductions) for the cost of long-term care premiums for the taxpayer and certain family members, including the taxpayer's spouse, ancestors, or lineal descendants. Phases in the deduction by allowing the deduction of 50 percent of the cost of premiums in 2005, 75 percent in 2006, and 100 percent in 2007 or thereafter. Allows long-term care insurance as a benefit under tax-qualified cafeteria plans and flexible spending arrangements. Allows a tax credit for caregivers of individuals with long-term health care needs. Phases in a $3,000 credit amount for 2009 or thereafter, beginning with $1,000 in 2005, $1,500 in 2006, $2,000 in 2007, and $2,500 in 2008. Reduces the amount of the credit for taxpayers with adjusted gross incomes over $75,000 ($150,000 for joint returns), adjusted for inflation after 2005. Increases funding for the the National Family Caregiver Support Program and the Native American Caregiver Support Program.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow individuals a deduction for qualified long-term care insurance premiums, a credit for individuals who care for those with long-term care needs, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Baseline Elimination Act of 2011''. SEC. 2. CHANGES IN THE BASELINE. Section 257(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) in the second sentence of paragraph (1), by striking everything that follows ``current year,'' and inserting ``excluding resources designated as an emergency requirement and any resources provided in supplemental appropriation laws.''; (2) by striking paragraphs (2), (3), (4), and (5); (3) by redesignating paragraph (6) as paragraph (2); and (4) by inserting after paragraph (2) the following: ``(3) No adjustment for inflation.--No adjustment shall be made for inflation or for any other factor.''. SEC. 3. THE PRESIDENT'S BUDGET. (a) Expenditures and Appropriations.--Paragraph (5) of section 1105(a) of title 31, United States Code, is amended to read as follows: ``(5) except as provided in subsection (b) of this section, estimated expenditures and appropriations for the current year and estimated expenditures and proposed appropriations the President decides are necessary to support the Government in the fiscal year for which the budget is submitted and at least the 4 fiscal years following that year, and, except for detailed budget estimates, the percentage change from the current year to the fiscal year for which the budget is submitted for estimated expenditures and for appropriations.''. (b) Receipts.--Section 1105(a)(6) of title 31, United States Code, is amended to read as follows: ``(6) estimated receipts of the Government in the current year and the fiscal year for which the budget is submitted and at least the 4 fiscal years after that year under-- ``(A) laws in effect when the budget is submitted; and ``(B) proposals in the budget to increase revenues, and the percentage change (in the case of each category referred to in subparagraphs (A) and (B)) between the current year and the fiscal year for which the budget is submitted and between the current year and each of the 9 fiscal years after the fiscal year for which the budget is submitted.''. (c) Legislative Proposals.--Section 1105(a)(12) of title 31, United States Code, is amended to read as follows: ``(12) for each proposal in the budget for legislation that establishes or expands a Government activity or function, a table showing-- ``(A) the amount proposed in the budget for appropriation and for expenditure because of the proposal in the fiscal year for which the budget is submitted; ``(B) the estimated appropriation required because of the proposal for each of at least the 4 fiscal years after that year that the proposal will be in effect; and ``(C) the estimated amount for the same activity or function, if any, in the current fiscal year, and, except for detailed budget estimates, the percentage change (in the case of each category referred to in subparagraphs (A), (B), and (C)) between the current year and the fiscal year for which the budget is submitted.''. (d) Comparisons.--Section 1105(a)(18) of title 31, United States Code, is amended by inserting ``new budget authority and'' before ``budget outlays''. (e) Expenditures and Tables.--Section 1105(a) of title 31, United States Code, is amended by-- (1) redesignating paragraph (37) following paragraph (38) as paragraph (39); and (2) adding at the end the following: ``(40) a comparison of levels of estimated expenditures and proposed appropriations for each function and subfunction in the current fiscal year and the fiscal year for which the budget is submitted, along with the proposed increase or decrease of spending in percentage terms for each function and subfunction. ``(41) a table on sources of growth in total direct spending under current law and as proposed in this budget submission for the budget year and at least the ensuing 9 fiscal years, which shall include changes in outlays attributable to the following: cost-of-living adjustments; changes in the number of program recipients; increases in medical care prices, utilization and intensity of medical care; and residual factors.''. (f) Current Programs.--Section 1109(a) of title 31, United States Code, is amended by inserting after the first sentence the following: ``For discretionary spending, these estimates shall assume the levels no higher than those set forth in the discretionary spending limits under section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985, as adjusted, for the appropriate fiscal years (and if no such limits are in effect, these estimates shall assume adjusted levels no higher than those for the most recent fiscal year for which such levels were in effect).''. SEC. 4. THE CONGRESSIONAL BUDGET. Section 301(e) of the Congressional Budget Act of 1974 (as amended by section 103) is further amended-- (1) in paragraph (1), by inserting at the end the following: ``The basis of deliberations in developing such joint resolution shall be the estimated budgetary levels for the preceding fiscal year. Any budgetary levels pending before the committee and the text of the joint resolution shall be accompanied by a document comparing such levels or such text to the estimated levels of the prior fiscal year.''; and (2) in paragraph (2)-- (A) in subparagraph (E), by striking ``and'' after the semicolon; (B) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(G) a comparison of levels for the current fiscal year with proposed spending and revenue levels for the subsequent fiscal years along with the proposed increase or decrease of spending in percentage terms for each function.''. SEC. 5. CONGRESSIONAL BUDGET OFFICE REPORTS TO COMMITTEES. (a) Comparable Levels.--The first sentence of section 202(e)(1) of the Congressional Budget Act of 1974 is amended by inserting ``compared to comparable levels for the current year'' before the comma at the end of subparagraph (A) and before the comma at the end of subparagraph (B). (b) Sources of Spending Growth.--Section 202(e)(1) of the Congressional Budget Act of 1974 is amended by inserting after the first sentence the following new sentence: ``Such report shall also include a table on sources of spending growth in total direct spending, revenue, deficit, and debt for the budget year and the ensuing 4 fiscal years, which shall include changes in outlays attributable to the following: ``(A) Cost-of-living adjustments. ``(B) Changes in the number of program recipients. ``(C) Increases in medical care prices, utilization and intensity of medical care. ``(D) Residual factors.''. (c) Comparison of Levels.--Section 308(a)(1)(B) of the Congressional Budget Act of 1974 is amended by inserting ``and shall include a comparison of those levels to comparable levels for the current fiscal year'' before ``if timely submitted''.

Baseline Elimination Act of 2011 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to eliminate sequential and cumulative adjustments for inflation from Congressional Budget Office (CBO) baseline projections for discretionary appropriations with respect to: (1) expiring housing contracts and social insurance administrative expenses, (2) offset pay absorption and pay annualization, (3) inflation, and (4) any accounting for changes required by law in the level of agency payments for personnel benefits other than pay. Excludes from the requirement that budgetary resources (other than unobligated balances) be at the level available in the current year any resources designated as an emergency requirement or provided in supplemental appropriations laws. Prohibits adjustments for inflation or any other factor. Requires the President's annual budget submission to Congress to include: (1) estimated expenditures and appropriations for the current year, as well as (2) the percentage change from the current year to the fiscal year for which the budget is submitted for estimated expenditures and appropriations. Amends the Congressional Budget Act (CBA) to require the basis of deliberations in the congressional budget committee hearings in developing the joint (currently, concurrent) budget resolution to be the estimated budgetary levels for the preceding fiscal year. Requires the report accompanying the budget resolution to include a comparison of levels for the current fiscal year with proposed spending and revenue levels for the subsequent fiscal years along with the proposed increase or decrease of spending in percentage terms for each function. Amends the CBA to require the Congressional Budget Office (CBO) annual fiscal policy report to congressional budget committees to compare to comparable levels for the current fiscal year: (1) alternative levels of total revenues, total new budget authority, and total outlays (including related surpluses and deficits); and (2) the levels of tax expenditures under existing law. Requires that report also to include a table on sources of spending growth in total direct spending, revenue, deficit, and debt for the budget year and the ensuing four fiscal years, which shall include changes in outlays attributable to: (1) cost-of-living (COLA) adjustments; (2) changes in the number of program recipients; (3) increases in medical care prices, utilization and intensity of medical care; and (4) residual factors. Requires any congressional committee, when reporting legislation providing new budget authority or an increase or decrease in revenues or tax expenditures, to include in the accompanying report the CBO projection of how the measure will affect the levels of budget authority, budget outlays, revenues, or tax expenditures under existing law for such fiscal year (or fiscal years) and each of the four ensuing fiscal years in comparison with comparable levels for the current fiscal year.

{"src": "billsum_train", "title": "A bill to eliminate the automatic inflation increases for discretionary programs built into the baseline projections and require budget estimates to be compared with the prior year's level."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Corporate Executive Accountability Act of 2010''. SEC. 2. SHAREHOLDER VOTES ON EXECUTIVE PAY. (a) Shareholder Votes on Executive Pay.--Section 14 of the Securities Exchange Act of 1934 (15 U.S.C. 78n) is amended by adding at the end the following new subsection: ``(i) Annual Shareholder Approval of Executive Compensation.-- ``(1) Annual vote.--Any proxy or consent or authorization (the solicitation of which is subject to the rules of the Commission pursuant to subsection (a)) for an annual meeting of the shareholders to elect directors (or a special meeting in lieu of such meeting) where proxies are solicited in respect of any security registered under section 12 occurring on or after the date that is 6 months after the date on which final rules are issued under paragraph (4), shall provide for a separate shareholder vote to approve the compensation of executives as disclosed pursuant to the Commission's compensation disclosure rules for named executive officers (which disclosure shall include the compensation committee report, the compensation discussion and analysis, the compensation tables, and any related materials, to the extent required by such rules). The shareholder vote shall not be binding on the issuer or the board of directors and shall not be construed as overruling a decision by such board, nor to create or imply any additional fiduciary duty by such board, nor shall such vote be construed to restrict or limit the ability of shareholders to make proposals for inclusion in such proxy materials related to executive compensation. ``(2) Shareholder approval of golden parachute compensation.-- ``(A) Disclosure.--In any proxy or consent solicitation material (the solicitation of which is subject to the rules of the Commission pursuant to subsection (a)) for a meeting of the shareholders occurring on or after the date that is 6 months after the date on which final rules are issued under paragraph (4), at which shareholders are asked to approve an acquisition, merger, consolidation, or proposed sale or other disposition of all or substantially all the assets of an issuer, the person making such solicitation shall disclose in the proxy or consent solicitation material, in a clear and simple form in accordance with regulations to be promulgated by the Commission, any agreements or understandings that such person has with any named executive officers of such issuer (or of the acquiring issuer, if such issuer is not the acquiring issuer) concerning any type of compensation (whether present, deferred, or contingent) that is based on or otherwise relates to the acquisition, merger, consolidation, sale, or other disposition of all or substantially all of the assets of the issuer and the aggregate total of all such compensation that may (and the conditions upon which it may) be paid or become payable to or on behalf of such executive officer. ``(B) Shareholder approval.--Any proxy or consent or authorization relating to the proxy or consent solicitation material containing the disclosure required by subparagraph (A) shall provide for a separate shareholder vote to approve such agreements or understandings and compensation as disclosed, unless such agreements or understandings have been subject to a shareholder vote under paragraph (1). A vote by the shareholders shall not be binding on the issuer or the board of directors of the issuer or the person making the solicitation and shall not be construed as overruling a decision by any such person or issuer, nor to create or imply any additional fiduciary duty by any such person or issuer. ``(3) Disclosure of votes.--Every institutional investment manager subject to section 13(f) shall report at least annually how it voted on any shareholder vote pursuant to paragraph (1) or (2) of this section, unless such vote is otherwise required to be reported publicly by rule or regulation of the Commission. ``(4) Rulemaking.--Not later than 6 months after the date of enactment of this Act, the Commission shall issue final rules to implement this subsection.''. (b) Disclosure Requirements.-- (1) In general.--The Commission shall amend section 229.402 of title 17, Code of Federal Regulations, to require each issuer to disclose in any filing of the issuer described in section 229.10(a) of title 17, Code of Federal Regulations (or any successor thereto)-- (A) the median of the annual total compensation of all employees of the issuer, except the chief executive officer (or any equivalent position) of the issuer; (B) the annual total compensation of the chief executive officer (or any equivalent position) of the issuer; and (C) the ratio of the amount described in paragraph (1) to the amount described in paragraph (2). (2) Total compensation.--For purposes of this subsection, the total compensation of an employee of an issuer shall be determined in accordance with section 229.402(c)(2)(x) of title 17, Code of Federal Regulations, as in effect on the day before the date of enactment of this Act. SEC. 3. EXECUTIVE ACCOUNTABILITY FOR FAILURE OR FRAUD. (a) Clawback.-- (1) Securities exchange act of 1934.--Section 16 of the Securities Exchange Act of 1934 (15 U.S.C. 78p) is amended by adding at the end the following: ``(h) Clawback Policy.-- ``(1) Listing standards.--The Commission shall, by rule, direct the national securities exchanges and national securities associations to prohibit the listing of any security of an issuer that does not comply with the requirements of this subsection. ``(2) Recovery of funds.--The rules of the Commission under paragraph (1) shall require each issuer to develop and implement a policy providing that, in the event that the issuer is required to prepare an accounting restatement due to the material noncompliance of the issuer with any financial reporting requirement under the securities laws, the issuer shall-- ``(A) recover from any current or former employee of the issuer who received incentive-based compensation (including stock options awarded as compensation) based on the erroneous data, an amount equal to the difference between the amount actually paid to the employee and the amount that would have been paid to the employee under the accounting restatement; and ``(B) disclose, together with the accounting restatement-- ``(i) a list of any bonuses or stock sales by the employees of the issuer that are affected by the accounting restatement, including the amounts of such bonuses or stock sales; and ``(ii) the extent to which the employees of the issuer have repaid any amounts under subparagraph (A).''. (2) Sarbanes-oxley act of 2002.--Section 304 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7243) is amended-- (A) in subsection (a)-- (i) in the matter preceding paragraph (1), by striking ``, as a result of misconduct,''; (ii) in paragraph (1), by striking ``12- month'' and inserting ``2-year''; and (iii) in paragraph (2), by striking ``12- month'' and inserting ``2-year''; and (B) by adding at the end the following: ``(c) Commencement of Action by Commission.--If the chief executive officer or the chief financial officer of the issuer has not made a reimbursement required under this section before the expiration of the 90-day period beginning on the date on which the accounting restatement occurs, the Commission may commence an action on behalf of the issuer to recover any funds that the chief executive officer or the chief financial officer is required to reimburse under subsection (a). ``(d) Action by Shareholders.-- ``(1) In general.--A shareholder of an issuer may commence an action on behalf of the issuer in any district court of the United States to recover any funds the chief executive officer or the chief financial officer is required to reimburse under subsection (a), if-- ``(A) the Commission does not commence an action under subsection (c) before the expiration of the 120- day period following the date on which the accounting restatement occurs; and ``(B) the chief executive officer or the chief financial officer of the issuer has not made a reimbursement required under this section as of the date on which the action is commenced. ``(2) Stay of actions.--If more than 1 shareholder of an issuer commences an action under this subsection with respect to the same accounting restatement, a district court shall stay all actions commenced by the shareholders, except for the action commenced by the shareholder that owns the greatest number of shares of the issuer.''. (b) Shareholder Approval of Severance Agreements.--The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by inserting after section 10A the following: ``SEC. 10B. SEVERANCE AGREEMENTS TIED TO PERFORMANCE. ``(a) Commission Rules.-- ``(1) In general.--Not later than 270 days after the date of enactment of this subsection, the Commission shall, by rule, direct each national securities exchange and national securities association to prohibit the listing of any security of an issuer that is not in compliance with the requirements of any portion of subsection (b). ``(2) Opportunity to cure.--The rules issued under paragraph (1) shall provide for appropriate procedures for an issuer to have an opportunity to cure any defects that would be the basis for such a prohibition before the imposition of such prohibition. ``(3) Considerations.--The rules issued under paragraph (1) shall be implemented with due regard for contracts in existence on the date of enactment of this subsection. ``(b) Severance Agreements Tied to Performance.--The board of directors of an issuer, or a committee of such board of directors, may not enter into an agreement providing for severance payments to a senior executive officer who is terminated for cause, as determined by the board of directors. ``(c) Termination for Cause.--For purposes of this section, the term `for cause', when used with respect to the termination of a senior executive officer of an issuer, means termination due to-- ``(1) the willful and continued failure of the senior executive officer to perform substantially the duties of the senior executive officer with respect to the issuer, unless such failure is due to incapacity resulting from a physical or mental illness of the senior executive officer; ``(2) the willful unapproved absenteeism of the senior executive officer, unless such absenteeism is due to a temporary or permanent disability of the senior executive officer; ``(3) the senior executive officer willfully engaging in misconduct that the board of directors of the issuer reasonably believes does or may materially adversely affect the business or operations of the issuer; ``(4) a material breach of an employment agreement by the senior executive officer; ``(5) misconduct by the senior executive officer that is of such a serious or substantial nature that a reasonable likelihood exists that the misconduct would materially injure the reputation of the issuer or a subsidiary of the issuer if the senior executive officer were to remain employed by the issuer; ``(6) harassment or discrimination by the senior executive officer against the employees, customers, or vendors of the issuer, in violation of the policies of the issuer; ``(7) the misappropriation of funds or assets of the issuer by the senior executive officer for personal use; ``(8) the willful violation of the policies or standards of business conduct of the issuer, as determined in good faith by the board of directors of the issuer; ``(9) the disclosure of confidential information by the senior executive officer in violation of the written policies of the issuer that is demonstrably injurious to the issuer; ``(10) the conviction of the senior executive officer for, or a plea of guilty or nolo contendere made by the senior executive officer to, a charge of commission of a felony; or ``(11) any other action that the board of directors of the issuer determines is detrimental or injurious to the issuer or the shareholders of the issuer.''. SEC. 4. LIMITATIONS ON EQUITY COMPENSATION OF EXECUTIVE OFFICERS. Section 16 of the Securities Exchange Act of 1934 (15 U.S.C. 78p) is amended by adding at the end the following: ``(j) Equity Compensation of Executive Officers.-- ``(1) Definitions.--For purposes of this subsection-- ``(A) the term `award of equity compensation' means an award of share-based compensation; and ``(B) the term `executive officer' has the same meaning as in section 240.3b-7 of title 17, Code of Federal Regulations, or any successor thereto. ``(2) Listing standards.--The Commission shall, by rule, direct each national securities exchange and registered securities association to prohibit the listing of any security of an issuer that does not comply with the requirements of this subsection. ``(3) Limitations on equity compensation of executive officers.--The rules of the Commission under paragraph (2) shall prohibit an executive officer or member of the board of directors of an issuer who receives an award of equity compensation from selling more than-- ``(A) 20 percent of the shares that the executive officer or member of the board of directors is entitled to receive during the first year following the vesting of the award; ``(B) 40 percent of the shares that the executive officer or member of the board of directors is entitled to receive during the second year following the vesting of the award, less any shares sold under subparagraph (A); ``(C) 60 percent of the shares that the executive officer or member of the board of directors is entitled to receive during the third year following the vesting of the award, less any shares sold under subparagraphs (A) and (B); and ``(D) 80 percent of the shares that the executive officer or member of the board of directors is entitled to receive during the fourth year following the vesting of the award, less any shares sold under subparagraphs (A) through (C). ``(4) Vesting.--For purposes of this subsection, an award of equity compensation vests on the date on which the right of the individual who receives the award to receive or retain shares under the award is no longer contingent on satisfaction of a condition relating to the service or performance of the individual.''.

Corporate Executive Accountability Act of 2010 - Amends the Securities Exchange Act of 1934 to require that any proxy or consent or authorization for an annual shareholders meeting provide for a separate non-binding shareholder vote to approve executive compensation for named executive officers. Requires solicitations seeking shareholder approval of an acquisition, merger, consolidation, or proposed sale or other disposition of all (or substantially all) of the assets of an issuer to disclose any agreements with named executive officers of the disposing or the acquiring issuer regarding related compensation (golden parachute compensation). Requires separate non-binding shareholder approval of disclosed golden parachute agreements and compensation, unless they have already been subject to a shareholder vote at an annual shareholders' meeting. Directs the Securities and Exchange Commission (SEC) by rule to require: (1) each issuer to disclose in certain filings the ratio between the median of the annual total compensation of its employees and the annual total compensation of its chief executive officer; (2) the national securities exchanges and national securities associations to prohibit the listing of any security of an issuer who does not comply with this Act; and (3) each issuer to develop a policy for recovery (clawback) of incentive-based compensation from a current or former employee if the issuer is required to prepare an accounting restatement because of material noncompliance with financial reporting requirements under the securities laws. Amends the Sarbanes-Oxley Act of 2002 to authorize the SEC to commence an action on behalf of the issuer to recover any funds required to be reimbursed by either the chief executive officer or the chief financial officer if such officer has not complied with reimbursement requirements within 90 days after an accounting restatement. Amends the Securities Exchange Act of 1934 to: (1) prohibit the board of directors of an issuer from entering into an agreement providing for severance payments to a senior executive officer terminated for cause; and (2) direct the SEC to require each national securities exchange and registered securities association to prohibit the listing of any security of an issuer in violation of specified limitations placed upon the equity compensation of executive officers.

{"src": "billsum_train", "title": "A bill to give shareholders a vote on executive pay, to hold executives accountable for failure or fraud, to structure executive pay to encourage the long-term viability of companies, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeland Security Civil Rights and Civil Liberties Protection Act of 2004''. SEC. 2. MISSION OF DEPARTMENT OF HOMELAND SECURITY. Section 101(b)(1) of the Homeland Security Act of 2002 (6 U.S.C. 111(b)(1)) is amended-- (1) in subparagraph (F), by striking ``and'' after the semicolon; (2) by redesignating subparagraph (G) as subparagraph (H); and (3) by inserting after subparagraph (F) the following: ``(G) ensure that the civil rights and civil liberties of persons are not diminished by efforts, activities, and programs aimed at securing the homeland; and''. SEC. 3. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES. Section 705(a) of the Homeland Security Act of 2002 (6 U.S.C. 345(a)) is amended-- (1) in the matter preceding paragraph (1), by inserting ``report directly to the Secretary and shall'' after ``who shall''; (2) in paragraph (1)- (A) by striking ``alleging'' and inserting ``concerning''; (B) by striking ``racial and ethnic''; (C) by inserting ``on the basis of race, ethnicity, or religion,'' after ``profiling''; and (D) by striking ``and'' after the semicolon at the end; (3) in paragraph (2), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: ``(3) assist the Secretary, directorates, and offices of the Department to develop, implement, and periodically review Department policies and procedures to ensure that the protection of civil rights and civil liberties is appropriately incorporated into Department programs and activities; ``(4) oversee compliance with constitutional, statutory, regulatory, policy, and other requirements relating to the civil rights and civil liberties of individuals affected by the programs and activities of the Department; ``(5) coordinate with the official appointed under section 222 to ensure that-- ``(A) programs, policies, and procedures involving civil rights, civil liberties, and privacy considerations are addressed in an integrated and comprehensive manner; and ``(B) the Congress receives appropriate reports regarding such programs, policies, and procedures; and ``(6) investigate complaints and information indicating possible abuses of civil rights or civil liberties, unless the Inspector General of the Department determines that any such complaint or information should be investigated by the Inspector General.''. SEC. 4. PROTECTION OF CIVIL RIGHTS AND CIVIL LIBERTIES BY OFFICE OF INSPECTOR GENERAL. (a) Designation and Functions of Senior Official.--The Homeland Security Act of 2002 (Public Law 107-296) is amended by inserting after section 812 the following: ``SEC. 813. PROTECTION OF CIVIL RIGHTS AND CIVIL LIBERTIES BY OFFICE OF INSPECTOR GENERAL. ``(a) Designation of Senior Official.--The Inspector General of the Department of Homeland Security shall designate a senior official within the Office of Inspector General who is a career member of the civil service at the equivalent to the GS-15 level or a career member of the Senior Executive Service, to perform the functions described in subsection (b). ``(b) Functions.--The senior official designated under subsection (a) shall--- ``(1) coordinate the activities of the Office of Inspector General with respect to investigations of abuses of civil rights or civil liberties; ``(2) receive and review complaints and information from any source alleging abuses of civil rights and civil liberties by employees or officials of the Department of Homeland Security or by employees or officials of independent contractors or grantees of the Department; ``(3) initiate investigations of alleged abuses of civil rights or civil liberties by employees or officials of the Department of Homeland Security or by employees or officials of independent contractors or grantees of the Department; ``(4) ensure that personnel within the Office of Inspector General receive sufficient training to conduct effective civil rights and civil liberties investigations; ``(5) consult with the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security regarding-- ``(A) alleged abuses of civil rights or civil liberties; and ``(B) any policy recommendations regarding civil rights and civil liberties that may be founded upon an investigation by the Office of Inspector General; ``(6) provide the Officer for Civil Rights and Civil Liberties with information regarding the outcome of investigations of alleged abuses of civil rights and civil liberties; ``(7) refer civil rights and civil liberties matters that the Inspector General decides not to investigate to the Officer for Civil Rights and Civil Liberties; ``(8) ensure that the Office of the Inspector General publicizes and provides convenient public access to information regarding-- ``(A) the procedure to file complaints or comments concerning civil rights and civil liberties matters; and ``(B) the status of investigations initiated in response to public complaints; and ``(9) inform the Officer for Civil Rights and Civil Liberties of any weaknesses, problems, and deficiencies within the Department relating to civil rights or civil liberties.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 812 the following: ``Sec. 813. Protection of civil rights and civil liberties by Office of Inspector General.''. SEC. 5. PRIVACY OFFICER. Section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) is amended-- (1) in the matter preceding paragraph (1), by inserting ``, who shall report directly to the Secretary,'' after ``in the Department''; (2) in paragraph (4), by striking ``and'' after the semicolon at the end; (3) by redesignating paragraph (5) as paragraph (6); and (4) by inserting after paragraph (4) the following: ``(5) coordinating with the Officer for Civil Rights and Civil Liberties to ensure that-- ``(A) programs, policies, and procedures involving civil rights, civil liberties, and privacy considerations are addressed in an integrated and comprehensive manner; and ``(B) the Congress receives appropriate reports on such programs, policies, and procedures; and''.

Homeland Security Civil Rights and Civil Liberties Protection Act of 2004 - Amends the Homeland Security Act of 2002 to include within the primary mission of the Department of Homeland Security (DHS) to ensure that civil rights are not diminished by efforts aimed at securing the homeland. Requires DHS's Officer for Civil Rights and Civil Liberties to report directly to the Secretary of DHS. Includes among the Officer's responsibilities to: (1) assist the Secretary, directorates, and offices of DHS to develop, implement, and periodically review DHS policies and procedures to ensure that the protection of civil rights is appropriately incorporated into DHS programs and activities; (2) oversee compliance with requirements relating to civil rights; (3) coordinate with the DHS Privacy Officer; and (4) investigate complaints and information indicating possible abuses of civil rights unless the DHS Inspector General (IG) determines that such complaints or information should be investigated by the IG. Directs the IG to designate a senior official within the IG's Office to perform specified functions, including initiating investigations of alleged abuses by DHS employees, officials, contractors, or grantees. Requires the Privacy Officer to report directly to the Secretary. Makes the Privacy Officer responsible for coordinating with the Officer for Civil Rights and Civil Liberties to ensure that programs, policies, and procedures involving civil rights and privacy are addressed in a comprehensive manner and that Congress receives appropriate reports.

{"src": "billsum_train", "title": "To amend the Homeland Security Act of 2002 to clarify the mission and responsibilities of the Department of Homeland Security with respect to the protection of civil rights and civil liberties, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Save Medicare Act of 2008''. SEC. 2. INCREASE IN MEDICARE PHYSICIAN PAYMENT UPDATE. Section 1848(d) of the Social Security Act (42 U.S.C. 1395w-4(d)), as amended by section 101 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law 110-173), is amended-- (1) in paragraph (8)-- (A) in the heading, by striking ``a portion of''; (B) in subparagraph (A)-- (i) by striking ``(A) In general.--Subject to'' and inserting ``Notwithstanding''; and (ii) by striking ``for the period beginning on January 1, 2008, and ending on June 30, 2008,''; (C) by striking subparagraph (B); and (2) by adding at the end the following new paragraph: ``(9) Update for 2009.--In lieu of the update to the single conversion factor established in paragraph (1)(C) that would otherwise apply for 2009, the update to the single conversion factor shall be 1.8 percent.''. SEC. 3. EXTENSION OF THE PHYSICIAN QUALITY REPORTING SYSTEM. (a) System.--Section 1848(k)(2)(B) of the Social Security Act (42 U.S.C. 1395w-4(k)(2)(B)), as amended by section 101 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law 110-173), is amended-- (1) in the heading, by striking ``and 2009'' and inserting ``, 2009, and 2010''; (2) in clause (i), by striking ``and 2009'' and inserting ``, 2009, and 2010''; and (3) in each of clauses (ii) and (iii)-- (A) by striking ``and 2008'' and inserting ``, 2008, and 2009''; and (B) by striking ``or 2009'' and inserting ``, 2009, or 2010''. (b) Reporting.--Section 101(c) of division B of the Tax Relief and Health Care Act of 2006 (42 U.S.C. 1395w-4 note), as amended by section 101 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law 110-173), is amended-- (1) in the heading, by striking ``and 2008'' and inserting ``, 2008, and 2009''; and (2) in paragraph (6)(C)-- (A) in clause (i), by striking ``and'' at the end; (B) in clause (ii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new clause: ``(iii) for 2009, all of 2009.''. SEC. 4. EXTENSION OF MEDICARE INCENTIVE PAYMENT PROGRAM FOR PHYSICIAN SCARCITY AREAS. Section 1833(u) of the Social Security Act (42 U.S.C. 1395l(u)), as amended by section 102 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law 110-173), is amended-- (1) in paragraph (1), by striking ``July 1, 2008'' and inserting ``January 1, 2010''; and (2) in subparagraph (4)(D), by striking ``July 1, 2008'' and inserting ``January 1, 2010''. SEC. 5. EXTENSION OF FLOOR ON MEDICARE WORK GEOGRAPHIC ADJUSTMENT UNDER THE MEDICARE PHYSICIAN FEE SCHEDULE. Section 1848(e)(1) of the Social Security Act (42 U.S.C. 1395w- 4(e)(1)), as amended by section 103 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law 110-173), is amended-- (1) in subparagraph (A), in the matter preceding clause (i), by striking ``subparagraphs (B)'' through ``the Secretary'' and inserting ``the succeeding provisions of this paragraph, the Secretary''; and (2) in subparagraph (E), by striking ``July 1, 2008'' and inserting ``January 1, 2010''. SEC. 6. EXTENSION OF ACCOMMODATION OF PHYSICIANS ORDERED TO ACTIVE DUTY IN THE ARMED SERVICES. Section 1842(b)(6)(D)(iii) of the Social Security Act (42 U.S.C. 1395u(b)(6)(D)(iii)), as amended by section 116 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law 110-173), is amended by striking ``July 1, 2008'' and inserting ``January 1, 2010''. SEC. 7. SENSE OF CONGRESS REGARDING FISCAL RESPONSIBILITY. It is the sense of Congress that-- (1) the provisions of, and amendments made by, this Act should be deficit neutral over the 5-year period beginning on October 1, 2008; and (2) Congress should address the challenges facing the Medicare program in a fiscally responsible manner. SEC. 8. SENSE OF CONGRESS REGARDING QUALITY. It is the sense of Congress that-- (1) the Medicare program should provide payments to physicians and other health professionals that serve as positive incentives for participation in voluntary initiatives to improve health care quality; (2) such initiatives should include pay-for-reporting programs, programs to facilitate coordination of care, the use of clinical appropriateness criteria developed by organizations representing physicians and other health care professionals, grants for developing and pilot testing data registry systems, grants for participation in such data registries, and other appropriate initiatives; and (3) financing for such initiatives should be non-punitive and exempt from the Medicare physician fee schedule budget neutrality requirements.

Save Medicare Act of 2008 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Medicare, Medicaid, and SCHIP Extension Act of 2007, to: (1) increase the Medicare physician payment update for 2009; and (2) extend the physician quality reporting system, the incentive payment program for physician scarcity areas, the floor on the work geographic adjustment to the physician fee schedule, and the accommodation for physicians ordered to active duty in the armed services. Expresses the sense of Congress that: (1) the provisions of, and amendments made by, this Act should be deficit neutral over the five year period beginning on October 1, 2008; and (2) Congress should address the challenges facing the Medicare program in a fiscally responsible manner. Expresses the sense of Congress that: (1) the Medicare program should provide payments to physicians and other health professionals that serve as positive incentives for participation in voluntary initiatives to improve health care quality; and (2) financing for such initiatives should be non-punitive and exempt from the Medicare physician fee schedule budget neutrality requirements.

{"src": "billsum_train", "title": "To amend title XVIII of the Security Act to preserve access to physicians' services under the Medicare Program."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mental Health Access Improvement Act of 2017''. SEC. 2. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES AND MENTAL HEALTH COUNSELOR SERVICES UNDER PART B OF THE MEDICARE PROGRAM. (a) Coverage of Services.-- (1) In general.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (A) in subparagraph (FF), by striking ``and'' after the semicolon at the end; (B) in subparagraph (GG), by inserting ``and'' after the semicolon at the end; and (C) by adding at the end the following new subparagraph: ``(HH) marriage and family therapist services (as defined in subsection (jjj)(1)) and mental health counselor services (as defined in subsection (jjj)(3));''. (2) Definitions.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Marriage and Family Therapist Services; Marriage and Family Therapist; Mental Health Counselor Services; Mental Health Counselor ``(jjj)(1) The term `marriage and family therapist services' means services performed by a marriage and family therapist (as defined in paragraph (2)) for the diagnosis and treatment of mental illnesses, which the marriage and family therapist is legally authorized to perform under State law (or the State regulatory mechanism provided by State law) of the State in which such services are performed, as would otherwise be covered if furnished by a physician or as an incident to a physician's professional service, but only if no facility or other provider charges or is paid any amounts with respect to the furnishing of such services. ``(2) The term `marriage and family therapist' means an individual who-- ``(A) possesses a master's or doctoral degree which qualifies for licensure or certification as a marriage and family therapist pursuant to State law; ``(B) after obtaining such degree has performed at least 2 years of clinical supervised experience in marriage and family therapy; and ``(C) in the case of an individual performing services in a State that provides for licensure or certification of marriage and family therapists, is licensed or certified as a marriage and family therapist in such State. ``(3) The term `mental health counselor services' means services performed by a mental health counselor (as defined in paragraph (4)) for the diagnosis and treatment of mental illnesses which the mental health counselor is legally authorized to perform under State law (or the State regulatory mechanism provided by the State law) of the State in which such services are performed, as would otherwise be covered if furnished by a physician or as incident to a physician's professional service, but only if no facility or other provider charges or is paid any amounts with respect to the furnishing of such services. ``(4) The term `mental health counselor' means an individual who-- ``(A) possesses a master's or doctor's degree in mental health counseling or a related field; ``(B) after obtaining such a degree has performed at least 2 years of supervised mental health counselor practice; and ``(C) in the case of an individual performing services in a State that provides for licensure or certification of mental health counselors or professional counselors, is licensed or certified as a mental health counselor or professional counselor in such State.''. (3) Provision for payment under part b.--Section 1832(a)(2)(B) of the Social Security Act (42 U.S.C. 1395k(a)(2)(B)) is amended by adding at the end the following new clause: ``(v) marriage and family therapist services (as defined in section 1861(jjj)(1)) and mental health counselor services (as defined in section 1861(jjj)(3));''. (4) Amount of payment.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and (BB)'' and inserting ``(BB)''; and (B) by inserting before the semicolon at the end the following: ``, and (CC) with respect to marriage and family therapist services and mental health counselor services under section 1861(s)(2)(HH), the amounts paid shall be 80 percent of the lesser of the actual charge for the services or 75 percent of the amount determined for payment of a psychologist under subparagraph (L)''. (5) Exclusion of marriage and family therapist services and mental health counselor services from skilled nursing facility prospective payment system.--Section 1888(e)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting ``marriage and family therapist services (as defined in section 1861(jjj)(1)), mental health counselor services (as defined in section 1861(jjj)(3)),'' after ``qualified psychologist services,''. (6) Inclusion of marriage and family therapists and mental health counselors as practitioners for assignment of claims.-- Section 1842(b)(18)(C) of the Social Security Act (42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end the following new clauses: ``(vii) A marriage and family therapist (as defined in section 1861(jjj)(2)). ``(viii) A mental health counselor (as defined in section 1861(jjj)(4)).''. (b) Coverage of Certain Mental Health Services Provided in Certain Settings.-- (1) Rural health clinics and federally qualified health centers.--Section 1861(aa)(1)(B) of the Social Security Act (42 U.S.C. 1395x(aa)(1)(B)) is amended by striking ``or by a clinical social worker (as defined in subsection (hh)(1))'' and inserting ``, by a clinical social worker (as defined in subsection (hh)(1)), by a marriage and family therapist (as defined in subsection (jjj)(2)), or by a mental health counselor (as defined in subsection (jjj)(4))''. (2) Hospice programs.--Section 1861(dd)(2)(B)(i)(III) of the Social Security Act (42 U.S.C. 1395x(dd)(2)(B)(i)(III)) is amended by inserting ``, marriage and family therapist, or mental health counselor'' after ``social worker''. (c) Authorization of Marriage and Family Therapists and Mental Health Counselors To Develop Discharge Plans for Post-Hospital Services.--Section 1861(ee)(2)(G) of the Social Security Act (42 U.S.C. 1395x(ee)(2)(G)) is amended by inserting ``, including a marriage and family therapist and a mental health counselor who meets qualification standards established by the Secretary'' before the period at the end. (d) Effective Date.--The amendments made by this section shall apply with respect to services furnished on or after January 1, 2018.

Mental Health Access Improvement Act of 2017 This bill amends title XVIII (Medicare) of the Social Security Act to: (1) cover marriage and family therapist services and mental health counselor services under Medicare, (2) exclude such services from the skilled nursing facility prospective payment system, and (3) authorize marriage and family therapists and mental health counselors to develop discharge plans for post-hospital services.

{"src": "billsum_train", "title": "Mental Health Access Improvement Act of 2017"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Individuals From Mass Aerial Surveillance Act of 2015''. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Mobile aerial-view device, or mavd.--The terms ``mobile aerial-view device'' and ``MAVD'' mean any device that through flight or aerial lift obtains an aerial view of property, persons or their effects, including an unmanned aircraft (as defined in section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note)). (2) Law enforcement official or agency.--The term ``law enforcement official or agency'' means a person or entity authorized by law, or funded by the Government of the United States, to investigate or prosecute offenses against the United States. (3) Federal entity.--The term ``Federal entity'' means any person or entity acting under the authority of, or funded in whole or in part by, the Government, including a Federal law enforcement official or agency, but excluding State, tribal, or local government agencies or departments. (4) National borders.--The term ``national border'' means an area that shares not more than 5 miles of an external land boundary of the United States. (5) Non-federal entity.--The term ``non-Federal entity'' means any person or entity that is not a Federal entity. (6) Surveil.--The term ``surveil'' means to photograph, record, or observe using a sensing device, regardless of whether the photographs, observations, or recordings are stored, and excludes using a sensing device for the purposes of testing or training operations of MAVDs. (7) Sensing device.-- (A) Meaning.--The term ``sensing device'' means a device capable of remotely acquiring personal information from its surroundings using any frequency of the electromagnetic spectrum, or a sound detecting system, or a system that detects chemicals in the atmosphere. (B) Specific equipment not included.--The term ``sensing device'' does not include equipment for which the sole function is to provide information directly necessary for safe air navigation or operation of a MAVD. (8) Public lands.--The term ``public lands'' means lands owned by the Government of the United States. SEC. 3. PROHIBITED USE OF MAVDS. A Federal entity shall not use a MAVD to surveil property, persons or their effects, or gather evidence or other information pertaining to known or suspected criminal conduct, or conduct that is in violation of a law or regulation. SEC. 4. EXCEPTIONS. This Act shall not prohibit any of the following: (1) Patrol of borders and national waters.--The use of a MAVD by a Federal entity to surveil national borders or national waters of the United States to prevent or deter illegal entry of any person or illegal substance at the borders or in national waters of the United States. (2) Exigent circumstances.-- (A) Action necessary.--The use of a MAVD by a Federal entity when exigent circumstances exist. For the purposes of this paragraph, exigent circumstances exist when the Federal entity possesses reasonable suspicion that under particular circumstances, swift action is necessary-- (i) to prevent imminent danger of death or serious bodily harm to a specific individual; (ii) to counter an imminent risk of a terrorist attack by a specific individual or organization; (iii) to prevent imminent destruction of evidence; or (iv) to counter an imminent or actual escape of a criminal or terrorist suspect. (B) Records.--A Federal entity using a MAVD pursuant to subparagraph (A)(i) shall maintain a retrievable record of the facts giving rise to the reasonable suspicion that an exigent circumstance existed. (3) Public safety and research.--The use of a MAVD by a Federal entity-- (A) to discover, locate, observe, gather evidence in connection to, or prevent forest fires; (B) to monitor environmental, geologic, or weather- related catastrophe or damage from such an event; (C) to research or survey for wildlife management, habitat preservation, or geologic, atmospheric, or environmental damage or conditions; (D) to survey for the assessment and evaluation of environmental, geologic or weather-related damage, erosion, flood, or contamination; and (E) to survey public lands for illegal vegetation. (4) Consent.--The use of a MAVD by a Federal entity for the purpose of acquiring information about an individual, or about an individual's property or effects, if such individual has given written consent to the use of a MAVD for such purposes. (5) Warrant.--Law enforcement using a MAVD, pursuant to, and in accordance with, a Rule 41 warrant, to surveil specific property, persons, or their effects. SEC. 5. BAN ON IDENTIFYING INDIVIDUALS. (a) Confidential Information.--No Federal entity actor may make any intentional effort to identify an individual from, or associate an individual with, the information collected by operations authorized by paragraphs (1) through (3) of section 4, nor shall the collected information be disclosed to any entity except another Federal entity or State, tribal, or local government agency or department, or political subdivision thereof, that agrees to be bound by the restrictions in this Act. (b) Probable Cause.--The restrictions described in subsection (a) shall not apply if there is probable cause that the information collected is evidence of specific criminal activity and a warrant is obtained. SEC. 6. PROHIBITION ON USE OF EVIDENCE. No evidence obtained or collected in violation of this Act may be admissible as evidence against an individual in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof. SEC. 7. PROHIBITION ON SOLICITATION AND PURCHASE. (a) Existing Authority.--A Federal entity shall not solicit to or award contracts to any entity for such entity to surveil by MAVD for the Federal entity, unless the Federal entity has existing authority to surveil the particular property, persons or their effects, or interest. (b) Permission Granted.--A Federal entity shall not purchase any information obtained from MAVD surveillance by a non-Federal entity if such information contains personal information, except pursuant to the express consent of all persons whose personal information is to be sold. SEC. 8. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to preempt any State law regarding the use of MAVDs exclusively within the borders of that State.

Protecting Individuals From Mass Aerial Surveillance Act of 2015 This bill prohibits a federal entity from using unmanned aircraft or other mobile aerial-view devices (MAVDs) to: (1) surveil property, persons, or their effects; or (2) gather evidence pertaining to known or suspected criminal conduct, or conduct that violates a law or regulation. Exceptions allow MAVDs to be used by federal entities to: surveil national borders or national waters to prevent or deter illegal entry of persons or illegal substances; prevent imminent danger of death or serious bodily harm to a specific individual, counter an imminent risk of a terrorist attack by a specific individual or organization, prevent imminent destruction of evidence, or counter an imminent or actual escape of a criminal or terrorist suspect; monitor or research environmental, geologic, or weather-related damage and events, including forest fires, erosion, floods, wildlife, habitats, or illegal vegetation on public lands; or acquire information about an individual who consents to the use of an MAVD. Law enforcement officials or agencies may use an MAVD to surveil specific property, persons, or their effects pursuant to a search and seizure warrant. The bill: (1) prohibits a federal entity actor from making an intentional effort to identify an individual from, or associate an individual with, the information collected under certain exceptions to the prohibition on the use of MAVDs; and (2) bars disclosure of collected information except to another federal entity or state, tribal, or local government agency that agrees to be bound by the restrictions in this Act. Such identification and disclosure restrictions shall not apply if there is probable cause that the information collected is evidence of specific criminal activity and a warrant is obtained. Federal entities are prohibited from: (1) soliciting or awarding contracts to surveil by MAVD for a federal entity, unless the federal entity has existing authority for such surveillance; or (2) purchasing information obtained from MAVD surveillance by a nonfederal entity if such information contains personal information, except with the consent of the affected persons. This Act shall not be construed to preempt any state law regarding the use of MAVDs exclusively within the borders of that state.

{"src": "billsum_train", "title": "Protecting Individuals From Mass Aerial Surveillance Act of 2015"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Financial Choice and Capital Markets Protection Act of 2017''. SEC. 2. TREATMENT OF MONEY MARKET FUNDS UNDER THE INVESTMENT COMPANY ACT OF 1940. The Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.) is amended by adding at the end the following: ``SEC. 66. MONEY MARKET FUNDS. ``(a) Definitions.--In this section-- ``(1) the term `covered Federal assistance' means Federal assistance used for the purpose of-- ``(A) making any loan to, or purchasing any stock, equity interest, or debt obligation of, any money market fund; ``(B) guaranteeing any loan or debt issuance of any money market fund; or ``(C) entering into any assistance arrangement (including tax breaks), loss sharing, or profit sharing with any money market fund; and ``(2) the term `Federal assistance' means-- ``(A) insurance or guarantees by the Federal Deposit Insurance Corporation; ``(B) transactions involving the Secretary of the Treasury; or ``(C) the use of any advances from any Federal Reserve credit facility or discount window that is not part of a program or facility with broad-based eligibility established in unusual or exigent circumstances. ``(b) Election To Be a Stable Value Money Market Fund.-- ``(1) In general.--Notwithstanding any other provision of this title, any open-end investment company (or a separate series thereof) that is a money market fund that relies on section 270.2a-7 of title 17, Code of Federal Regulations, may, in the prospectus included in its registration statement filed under section 8 state that the company or series has elected to compute the current price per share, for purposes of distribution or redemption and repurchase, of any redeemable security issued by the company or series by using the amortized cost method of valuation, or the penny-rounding method of pricing, regardless of whether its shareholders are limited to natural persons, if-- ``(A) the company or series has as its objective the generation of income and preservation of capital through investment in short-term, high-quality debt securities; and ``(B) the board of directors of the company or series elects, on behalf of the company or series, to maintain a stable net asset value per share or stable price per share, by using the amortized cost valuation method, as defined in section 270.2a-7(a) of title 17, Code of Federal Regulations (or successor regulation), or the penny-rounding pricing method, as defined in section 270.2a-7(a) of title 17, Code of Federal Regulations (or successor regulation), and the board of directors of the company has determined, in good faith, that-- ``(i) it is in the best interests of the company or series, and its shareholders, to do so; and ``(ii) the money market fund will continue to use such method or methods only as long as the board of directors believes that the resulting share price fairly reflects the market-based net asset value per share of the company or series; and ``(C) the company or series will comply with such quality, maturity, diversification, liquidity, and other requirements, including related procedural and recordkeeping requirements, as the Commission, by rule or regulation or order, may prescribe or has prescribed as necessary or appropriate in the public interest or for the protection of investors to the extent that such requirements and provisions are not inconsistent with this section. ``(2) Exemption from default liquidity fee requirements.-- Notwithstanding section 270.2a-7 of title 17, Code of Federal Regulations (or successor regulation), no company or series that makes the election under paragraph (1) shall be subject to the default liquidity fee requirements of section 270.2a- 7(c)(2)(ii) of title 17, Code of Federal Regulations (or successor regulation). ``(c) Prohibition Against Federal Government Bailouts of Money Market Funds.--Notwithstanding any other provision of law (including regulations), covered Federal assistance may not be provided directly to any money market fund. ``(d) Disclosure of the Prohibition Against Federal Government Bailouts of Money Market Funds.-- ``(1) In general.--No principal underwriter of a redeemable security issued by a money market fund nor any dealer shall offer or sell any such security to any person unless the prospectus of the money market fund and any advertising or sales literature for such fund prominently discloses the prohibition against direct covered Federal assistance as described in subsection (c). ``(2) Rules, regulations, and orders.--The Commission may, after consultation with and taking into account the views of the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Department of the Treasury, adopt rules and regulations and issue orders consistent with the protection of investors, prescribing the manner in which the disclosure under this subsection shall be provided. ``(e) Continuing Obligation To Meet Requirements of This Title.--A company or series that makes an election under subsection (b)(1) shall remain subject to the provisions of this title and the rules and regulations of the Commission thereunder that would otherwise apply if those provisions do not conflict with the provisions of this section.''.

Consumer Financial Choice and Capital Markets Protection Act of 2017 This bill amends the Investment Company Act of 1940 to allow a money market fund, under specified conditions, to elect to operate using a different method of valuation than is otherwise required. A money market fund that elects to do so shall not be subject to specified requirements related to the imposition of liquidity fees. Certain federal assistance may not be provided directly to any money market fund. This limitation on federal assistance must be disclosed in a money market's advertising and sales literature.

{"src": "billsum_train", "title": "Consumer Financial Choice and Capital Markets Protection Act of 2017"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Financial System Access Limitation Act of 2016''. SEC. 2. PROHIBITION ON CERTAIN TRANSACTIONS WITH IRAN AND BLOCKING OF PROPERTY WITH RESPECT TO FOREIGN FINANCIAL INSTITUTIONS THAT FACILITATE CERTAIN TRANSACTIONS WITH IRAN. (a) Findings; Sense of Congress.-- (1) Findings.--Congress finds the following: (A) A nuclear capable Iran poses a direct threat to the United States and its allies around the world. (B) Nothing in the Joint Comprehensive Plan of Action obligates the United States to lift financial sanctions with respect to Iran, and in fact, unilateral sanctions have proven effective in achieving foreign policy aims of the United States. (C) Iran has violated United Nations Security Council Resolutions 1929 (2010) and 2231 (2015), which form the basis of the Joint Comprehensive Plan of Action. (D) The goal of imposing economic sanctions with respect to Iran was to penalize Iran for its pursuit of nuclear weapons for illicit purposes. (E) In spite of the fact that Iran has violated the resolutions specified in paragraph (3) and destroyed the intent of the Joint Comprehensive Plan of Action, President Barack Obama has voluntarily paid the Government of Iran $1,700,000,000 in a settlement of a claim before the Iran-United States Claims Tribunal. (F) After giving the Government of Iran further access to global assets, President Obama has now indicated that he is prepared to give Iran access to United States dollars. (G) Continuing his governance by executive fiat, President Obama is giving Iran access to United States dollars in a manner that evades review by Congress. (H) President Obama continues to let Iran dictate the interpretation of the Joint Comprehensive Plan of Action to the people of the United States. (I) Secretary of the Treasury Jack Lew said to the Senate last year that, ``Iranian banks will not be able to clear U.S. dollars through New York'' and that Iranian banks will not ``hold correspondent account relationships with U.S. financial institutions, or enter into financing arrangements with U.S. banks''. (J) Granting access to the United States dollar will strengthen the access of Iran to the global financial system, increase the ability of Iran to conduct illicit transactions in weapons trade, and decrease the minor amount of leverage retained by the United States Government to contain the nuclear ambitions of Iran. (K) The Government of Iran continues to funnel large amounts of money and arms to terrorist organizations that target citizens of the United States and even limited access to United States dollars will strengthen the ability of Iran to support those organizations. (2) Sense of congress.--It is the sense of Congress that-- (A) because Secretary of State John Kerry and President Obama have made inconsistent, conflicting statements about allowing the Government of Iran to access the United States dollar, Congress must act to preempt any move to grant licenses resulting in access to the United States dollar; and (B) Congress must act in the interest of the people of the United States to correct the unconstitutional actions taken by President Obama with respect to Iran. (b) Prohibition of Certain Transactions.-- (1) Issuance of licenses to conduct offshore dollar clearing.--The President may not issue any license under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to an offshore dollar clearing entity to conduct a transaction with an Iranian financial institution in United States dollars. (2) U-turn transactions.--Notwithstanding section 560.516 of title 31, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act), a United States person may not process any transfer of funds to or from Iran, or for the direct or indirect benefit of persons in Iran or the Government of Iran, even if the transfer arises from, and is ordinarily incident and necessary to give effect to, an underlying transaction. (c) Blocking of Property of Foreign Financial Institutions.--The President shall, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of any foreign financial institution that serves as an offshore dollar clearing entity to conduct a transaction with an Iranian financial institution in United States dollars if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (d) Report Before Providing Iran Access to the United States Dollar.--Not later than 30 days before the President implements any measure that would provide access to the United States dollar to the Government of Iran or an Iranian person, the President shall submit to Congress a report that describes the measure. (e) Termination.--This section shall terminate only on the date on which the President certifies to Congress that Iran is no longer a state sponsor of terrorism (as defined in section 301 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8541)). (f) Definitions.--In this section: (1) Foreign financial institution.--The term ``foreign financial institution'' has the meaning of that term as determined by the Secretary of the Treasury pursuant to section 104(i) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(i)). (2) Iranian financial institution.--The term ``Iranian financial institution'' has the meaning given that term in section 104A(d) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513b(d)).

Iran Financial System Access Limitation Act of 2016 This bill expresses the sense of Congress that Congress must act to preempt any move to grant licenses resulting in Iran's access to the U.S. dollar. The President may not issue a license to an offshore dollar-clearing entity to conduct a transaction in U.S. dollars with an Iranian financial institution. A U.S. person may not process (in a U-turn transaction) any transfer of funds to or from Iran, or for the benefit of persons in Iran or the government of Iran, even if the transfer arises from, and is ordinarily incident and necessary to give effect to, an underlying transaction. The President shall block and prohibit transactions in all property and property interests of any foreign financial institution that serves as an offshore dollar clearing entity to conduct a transaction with an Iranian financial institution in U.S. dollars if such property and property interests are in the United States, come within the United States, or are or come within the possession or control of a U.S. person.

{"src": "billsum_train", "title": "Iran Financial System Access Limitation Act of 2016"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Adoption Report Card Act of 1997''. SEC. 2. ANNUAL REPORT CARD ON STATE PERFORMANCE IN PROTECTING CHILDREN. (a) In General.--Part E of title IV of the Social Security Act (42 U.S.C. 670 et seq.) is amended by adding at the end the following: ``SEC. 479A. ANNUAL REPORT CARD. ``(a) In General.--The Secretary shall issue an annual report card containing ratings of the performance of each State in protecting children who are placed for adoption, in foster care, or with a guardian, in the State. The report card shall include ratings on outcome measures for categories related to the family conditions of the children. ``(b) Outcome Measures.-- ``(1) In general.--The Secretary shall develop, after consulting with child advocacy organizations, a set of outcome measures to be used in preparing the report card. ``(2) Categories.--In developing the outcome measures, the Secretary shall develop measures for categories relating to-- ``(A) the number of placements for adoption, in foster care, or with a guardian; ``(B) the number of children who leave foster care at the age of majority without having been adopted or placed with a guardian; ``(C) the median and mean length of stay in foster care; ``(D) the median and mean length of time between the availability of a child for adoption and the adoption of the child; ``(E) the median and mean length of time between the beginning of foster care for a child and the finalization of a placement plan for the child by the agency involved; ``(F) the number of children in foster care, specifying, in the case of a child in foster care who is a child with special needs, each factor or condition that makes the child a child with special needs (including the age and ethnicity of the child), as determined by the State in accordance with section 473(c); ``(G) the average annual costs for a child in foster care, and costs for any alternative living arrangements for a child who would otherwise be in foster care and how there costs are allocated; ``(H) the median and average length of time required to terminate parental rights for a child after the child enters foster care; ``(I) the number of parents whose parental rights have been terminated; ``(J) the number of children that are affected due to the termination of parental rights; ``(K) the median and average length of time required to place a child for adoption once parental rights are terminated for the child; ``(L) the average number of times a child is placed in foster care before the child is permanently adopted and the number of placements the child experiences; and ``(M) the number of deaths of children in foster care, and substantiated cases of abuse or neglect among children in foster care. ``(3) Measures.--In developing the outcome measures, the Secretary shall use measures from the Adoption and Foster Care Analysis and Reporting System established under section 479 to the maximum extent possible. ``(c) Rating System.--The Secretary shall develop a system (including using State census data and poverty rates) to rate the performance of each State based on the outcome measures. ``(d) Information.--In order to receive funds under this part, a State shall annually provide to the Secretary such adoption, foster care, and guardianship information as the Secretary may determine to be necessary to issue the report card for the State. ``(e) Preparation and Issuance.--On October 1, 1998, and annually thereafter, the Secretary shall prepare, submit to Congress, and issue to the States the report card described in subsection (a). Each report card shall rate the performance of a State on each outcome measure developed under subsection (b), include an explanation of the rating system developed under subsection (c) and the way in which scores are determined under the rating system, analyze high and low performances for the State, and make recommendations to the State for improvement.''. (b) Conforming Amendments.--Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended-- (1) by striking ``and'' at the end of paragraph (17); (2) by striking the period at the end of paragraph (18) (as added by section 1808(a) of the Small Business Job Protection Act of 1996 (Public Law 104-188; 110 Stat. 1903)) and inserting ``; and''; (3) by redesignating paragraph (18) (as added by section 505(3) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193; 110 Stat. 2278)) as paragraph (19); and (4) by adding at the end the following: ``(20) provides that the State shall annually provide to the Secretary the information required under section 479A.''.

Adoption Report Card Act of 1997 - Amends Part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to instruct the Secretary of Health and Human Services to: (1) issue an annual report card containing each State's performance rating (including a performance analysis) with respect to protecting children placed for adoption, in foster care, or with a guardian; and (2) develop, for use in preparing such report card, a set of outcome measures for specified categories related to the family conditions of such children.

{"src": "billsum_train", "title": "Adoption Report Card of 1997"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Prescription Drug Program Integrity and Transparency Act of 2013''. SEC. 2. PHARMACY BENEFITS MANAGER STANDARDS UNDER THE MEDICARE PROGRAM. (a) In General.--Section 1860D-12(b) of the Social Security Act (42 U.S.C. 1395w-112(b)) is amended by adding at the end the following new paragraphs: ``(7) Pharmacy benefits manager transparency and proper operations requirements.-- ``(A) In general.--Each contract entered into with a PDP sponsor under this part with respect to a prescription drug plan offered by such sponsor shall provide that the PDP may not enter into a contract with any pharmacy benefits manager (referred to in this paragraph as a `PBM') to manage the prescription drug coverage provided under such plan, or to control the costs of the prescription drug coverage under such plan, unless the PBM satisfies the requirements described in subparagraph (B). ``(B) Requirements.--The requirements described in this subparagraph are as follows: ``(i) Proper audit procedures.--The following shall apply to each audit of a pharmacy conducted by or for the pharmacy benefits manager with respect to such prescription drug plan: ``(I) Assuring recoveries to medicare.-- ``(aa) The PBM (or auditing entity) shall disclose the amount of each payment recovered pursuant to the audit to the PDP sponsor with a copy to the pharmacy. ``(bb) Any payment recovered by the PBM (or auditing entity) pursuant to the audit shall be returned to the PDP sponsor. ``(II) Assuring clinical decisions in audits.-- ``(aa) In the case the audit involves clinical or professional judgment, the audit shall be conducted by, or in consultation with, a pharmacist licensed in the State of the audit or the State board of pharmacy. ``(bb) The pharmacy, practice site, or other entity may use a nursing home's medication administration record (MAR), the records of a hospital, physician, rehabilitation facility, State- licensed healthcare facility, or other authorized practitioner to validate the pharmacy records and any legal prescription (one that complies with State Board of Pharmacy requirements) may be used to validate claims submitted by the pharmacy in connection with prescriptions, refills, proof of delivery, or changes in prescriptions during any phase of the audit, including appeal. ``(III) Assuring proper procedures.-- ``(aa) The PBM (or auditing entity) may not apply recordkeeping or other requirements on the pharmacy that are more stringent than such requirements applied under Federal law or the State law involved. ``(bb) The PBM (or auditing entity) shall accept all pharmacy prescription records related to the audit in an electronic format or other digital media. ``(cc) The PBM (or auditing entity) may not, pursuant to the audit, disallow the entire payment with respect to a claim submitted by the pharmacy because of a clerical or recordkeeping error (such as a typographical error, scrivener's error, or computer error) if there is an absence of intent to commit fraud, as defined in section 1347 of title 18, United States Code. In the case of errors that have no financial harm to the patient or plan, the PBM shall not assess any chargebacks. ``(dd) The PBM (or auditing entity) may not use extrapolation or other statistical expansion techniques in calculating any recoupment or penalty pursuant to the audit. ``(ee) The period covered by the audit may not exceed 2 years from the date the claim involved was submitted to, or adjusted by, the PBM (or auditing entity). ``(ff) The PBM (or auditing entity) shall have in place a written appeals process that affords the pharmacy a minimum of 60 days to respond to the auditor findings, shall include procedures for appeals from preliminary reports and final reports related to such audit, and shall permit the pharmacy to introduce any documentation which would validate a claim contested in the audit until the final written decision is issued on appeal. ``(ii) Business practice predictability.--A PBM shall provide a particular aggregate average reimbursement rate for generics or a maximum average discount off of an accepted pharmaceutical pricing benchmark for multi- source generics as a whole (often referred to as a `generic effective rate') and provide a process for the generic effective rate to be appealed. For the purposes of this rate or benchmark amount, the PBM shall utilize a pharmaceutical pricing benchmark published by a nationally available compendium. The aggregate average reimbursement rate for generics (generic effective rate) shall be calculated using the actual amount paid to the pharmacy (typically the amount of reimbursement to the PBM plus the patient co-pay), excluding the dispensing fee, shall not be calculated solely according to the amount allowed by the plan, and shall include all generics dispensed, regardless of whether they are subject to MAC pricing. ``(iii) Protecting patient and claims related data.--A PBM shall adhere to the following criteria when handling personally identifiable utilization and claims data or other sensitive patient data: ``(I) A PBM may not transmit any personally identifiable utilization or claims data to a pharmacy owned by a PBM if the plan enrollee has not voluntarily elected in writing or via secure electronic means to fill that particular prescription at the PBM- owned pharmacy. ``(II) A PBM may not require that a plan enrollee use a retail pharmacy, mail order pharmacy, specialty pharmacy, or other pharmacy entity providing pharmacy services in which the PBM has an ownership interest or that has an ownership interest in the PBM or provide an incentive to a beneficiary to encourage the individual to use a retail pharmacy, mail order pharmacy, specialty pharmacy, or other pharmacy entity providing pharmacy services in which the PBM has an ownership interest or that has an ownership interest in the PBM, if the incentive is applicable only to such pharmacies.''. (b) Disclosure and Regular Update of Prescription Drug Reimbursement.--Section 1860D-12(b) of the Social Security Act (42 U.S.C. 1395w-112(b)) is amended to read as follows: ``(6) Disclosure and regular update of prescription drug reimbursement.--Each contract entered into with a PDP sponsor under this part with respect to a prescription drug plan offered by such sponsor shall provide that the sponsor or subcontractor of such sponsor shall-- ``(A) disclose to a pharmacy, at the time when a contract is offered, the methodology and actual per unit reimbursement amount for each covered drug for each such pharmacy; and ``(B) not less frequently than once every 7 days, beginning with an initial update on January 1 of each year-- ``(i) update such reimbursement amount to accurately reflect the market price of acquiring the drug; and ``(ii) disclose to each contracted pharmacy such methodology and reimbursement amounts.''. (c) Effective Date.--The amendments made by this section shall apply to plan years beginning on or after January 1, 2015.

Medicare Prescription Drug Program Integrity and Transparency Act of 2013 - Amends part D (Voluntary Prescription Drug Benefit Program) 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 manager satisfies specified PBM audit and disclosure requirements. Requires a PBM to provide: (1) a particular aggregate average reimbursement rate for generics or a maximum average discount off of an accepted pharmaceutical pricing benchmark for multi-source generics as a whole ("generic effective rate"), and (2) a process for the generic effective rate to be appealed. Revises requirements for contracts with PDP sponsors to require that the PDP sponsor or a subcontractor of the sponsor disclose to a pharmacy, at the time when a contract is offered and at least once every seven days, the methodology and actual per unit reimbursement amount for each covered drug for each contracted pharmacy.

{"src": "billsum_train", "title": "Medicare Prescription Drug Program Integrity and Transparency Act of 2013"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cherry Valley National Wildlife Refuge Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The scenic Cherry Valley area of Northeastern Pennsylvania is blessed with more than 80 special-concern animal and plant species and natural habitats. (2) In a preliminary assessment of Cherry Valley, United States Fish and Wildlife Service biologists ranked Cherry Valley very high as a potential national wildlife refuge. (3) Six species that are listed as endangered species or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) have been documented within or near Cherry Valley: The bog turtle (possibly the most significant population of the listed subspecies), the dwarf wedge mussel, the northeastern bulrush, the small whorled pogonia, the bald eagle, and the Indiana bat (a historic resident, with efforts under way to re-establish favorable conditions). (4) Cherry Valley provides habitat for at least 79 species of national or regional concern, which either nest in Cherry Valley or migrate through the area during critical times in their life cycle, including-- (A) neo-tropical migratory birds such as the Cerulean Warbler, the Worm-eating Warbler, and the Wood Thrush, all of which nest in Cherry Valley; (B) waterfowl such as the American Black Duck; (C) several globally rare plants, such as the spreading globeflower; and (D) anadromous fish species. (5) The Cherry Valley watershed encompasses a large segment of the Kittatinny Ridge, an important migration route for birds of prey throughout the Northeastern United States. Every migratory raptor species in the Northeast is regularly observed along the Kittatinny Ridge during the autumnal migration, including the bald eagle, the golden eagle, and the broad- winged hawk. (6) The Kittatinny Ridge also includes a long segment of the Appalachian Trail, a nationally significant natural- cultural-recreational feature. (7) Many of the significant wildlife habitats found in the Cherry Valley, especially the rare calcareous wetlands, have disappeared from other localities in their range. (8) Ongoing studies have documented the high water quality of Cherry Creek. (9) Public meetings over several years have demonstrated strong, deep, and growing local support for a Cherry Valley National Wildlife Refuge: (A) Area landowners, business and community leaders, media, and elected officials have consistently voiced their enthusiasm for a Cherry Valley National Wildlife Refuge. (B) Numerous local communities and public and private conservation entities share complementary goals for protecting Cherry Valley and are energetically conserving wildlife habitat and farmland. Along with State land-management agencies and the National Park Service, these local entities represent potential strong partners for the United States Fish and Wildlife Service. (C) A number of local landowners have already put their land into conservation easements or other conservation arrangements. (D) A voter-approved Monroe County Open Space Fund and a voter-approved Stroud Township municipal land conservation fund have contributed to many of these projects. (10) Two federally owned parcels of land are contiguous to the area to be established by this Act as the Cherry Valley National Wildlife Refuge: The Delaware Water Gap National Recreation Area and a 700-acre segment of the Appalachian Trail owned by the National Park Service. SEC. 3. ESTABLISHMENT AND PURPOSE OF REFUGE. (a) Establishment.--The Secretary shall establish as a national wildlife refuge the lands, waters, and interests therein acquired under section 5, at such time as the Secretary determines that sufficient property has been acquired by the United States to constitute an area that can be effectively managed as a national wildlife refuge for the purposes set forth in subsection (b) of this section. The national wildlife refuge so established shall be known as the ``Cherry Valley National Wildlife Refuge''. (b) Purposes.--The primary purposes of the Refuge are the following: (1) To preserve and enhance the Refuge's lands and waters in a manner that will conserve the natural diversity of fish, wildlife, plants, and their habitats for present and future generations, through voluntary conservation agreements, partnerships with local communities, and transactions with willing landowners. (2) To conserve and enhance populations of fish, wildlife, and plants within the Refuge, including populations of bog turtle, waterfowl, raptors, passerines, and neo-tropical migratory birds. (3) To protect and enhance the quality of aquatic and wetland habitats within the Refuge. (4) To fulfill international obligations of the United States with respect to fish, wildlife, and their habitats. (5) To provide opportunities for compatible scientific research, environmental education, and fish and wildlife- oriented recreation in collaboration with private and public entities. (c) Notice of Establishment.--The Secretary shall publish a notice of the establishment of the Refuge-- (1) in the Federal Register; and (2) in publications of local circulation in the vicinity of the Refuge. SEC. 4. ADMINISTRATION OF REFUGE. (a) In General.--The Secretary shall administer all lands, waters, and interests therein acquired under section 5 in accordance with-- (1) the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.) and the Act of September 28, 1962 (76 Stat. 653; 16 U.S.C. 460k et seq.; popularly known as the Refuge Recreation Act); (2) the purposes of the Refuge set forth in section 3(b); and (3) the management plan issued under subsection (c). (b) Study of Selection Area.-- (1) Requirement.--The Secretary, acting through the Director of the United States Fish and Wildlife Service, shall conduct a study of fish and wildlife habitat and aquatic and terrestrial communities of the selection area described in section 5(c)(2). (2) Report.--Not later than 18 months after the date of the enactment of the Act, the Secretary shall complete such study and submit a report containing the results thereof to the Congress. (3) Authorization of appropriations.--There is authorized to be appropriated to the Secretary $200,000 to carry out the study. (c) Management Plan.-- (1) In general.--Not later than 30 months after the date of the enactment of this Act, the Secretary shall issue a management plan for the Refuge. (2) Contents.--The management plan shall include provisions that provide for the following: (A) Planning and design of trails and access points. (B) Planning of wildlife and habitat restoration, including reforestation. (C) Permanent exhibits and facilities and regular educational programs throughout the Refuge. (3) Public participation.-- (A) In general.--The Secretary shall provide an opportunity for public participation in developing the management plan. (B) Local views.--The Secretary shall give special consideration to views by local public and private entities and individuals in developing the management plan. SEC. 5. ACQUISITION OF LANDS, WATERS, AND INTERESTS THEREIN. (a) In General.--The Secretary shall seek to acquire up to 30,000 acres of land, water, or interests therein (including permanent conservation easements or servitudes) within the boundaries designated under subsection (c). All lands, waters, and interests acquired under this subsection shall be part of the Refuge. (b) Method of Acquisition.--The Secretary may acquire an interest in land or water for inclusion in the Refuge only by donation, exchange, or purchase from a willing seller. (c) Designation of Boundaries.-- (1) In general.--Not later than 12 months after the date of the enactment of this Act, the Secretary shall-- (A) consult with appropriate State and local officials, private conservation organizations, and other interested parties, regarding the designation of appropriate boundaries for the Refuge within the selection area; (B) designate boundaries of the Refuge that are within the selection area and adequate for fulfilling the purposes of the Refuge set forth in section 3(b); and (C) prepare a detailed map, entitled ``Cherry Valley National Wildlife Refuge'', depicting the boundaries of the Refuge designated under subparagraph (B). (2) Selection area.--For purposes of this subsection, the selection area consists of approximately 30,000 acres located in Monroe County, Pennsylvania, that-- (A) encompasses the watershed of Cherry Creek, portions of the McMichaels and Aquashicola Creeks watersheds, and an area that drains directly into the Delaware River; and (B) is contiguous to the Delaware Water Gap National Recreation Area. (3) Availability of map; notice.--The Secretary shall-- (A) keep the map prepared under paragraph (1) on file and available for public inspection at offices of the United States Fish and Wildlife Service in the District of Columbia and Pennsylvania; and (B) publish in the Federal Register a notice of that availability. (d) Boundary Revisions.--The Secretary may make such minor revisions in the boundaries designated under subsection (c) as may be appropriate to achieve the purposes of the Refuge under section 3(b) or to facilitate the acquisition of property for the Refuge. SEC. 6. DEFINITIONS. For purposes of this Act: (1) Refuge.--The term ``Refuge'' means the Cherry Valley National Wildlife Refuge established under section 3. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior.

Cherry Valley National Wildlife Refuge Act - Directs the Secretary of the Interior to to acquire necessary lands, waters, and other property interests to establish a national wildlife refuge in northeastern Pennsylvania to be known as the Cherry Valley National Wildlife Refuge.

{"src": "billsum_train", "title": "To direct the Secretary of the Interior to establish the Cherry Valley National Wildlife Refuge in Northeastern Pennsylvania, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ocean Acidification Research Partnerships Act''. SEC. 2. OCEAN ACIDIFICATION COLLABORATIVE RESEARCH GRANTS. The Federal Ocean Acidification Research and Monitoring Act of 2009 (33 U.S.C. 3701 et seq.) is amended by inserting after section 12406 the following: ``SEC. 12406A. OCEAN ACIDIFICATION COLLABORATIVE RESEARCH GRANTS. ``(a) Definitions.--In this section: ``(1) Academic community.--The term `academic community' includes faculty and other representatives of institutions of higher education and other schools, researchers, scientists, and natural resource managers. ``(2) Seafood industry.--The term `seafood industry' includes shellfish growers, shellfish harvesters, commercial fishermen, recreational fishermen, other members of the seafood harvesting or supply chain, and organizations representing any of such groups. ``(b) Grants.--The Secretary shall provide grants for collaborative research projects on ocean acidification developed and conducted through partnerships between the seafood industry and the academic community. ``(c) Criteria for Approval.--The Secretary may not provide a grant for a project under this section unless the project is-- ``(1) consistent with the themes identified under the strategic research plan developed by the Subcommittee under section 12405; and ``(2) designed to-- ``(A) develop and support partnerships, communications, and shared understanding between the seafood industry and the academic community; ``(B) include the seafood industry in research on ocean acidification; ``(C) deliver research, monitoring, or adaptation results which will benefit both the seafood industry and the academic community; ``(D) incorporate into the research agenda the expertise of both the seafood industry, including their unique understanding of the natural environment, and the academic community; ``(E) promote better understanding of seafood industry research questions and priorities within the academic community; ``(F) promote wider understanding of ocean acidification among the academic community, the seafood industry, and other stakeholders as appropriate; and ``(G) include appropriately balanced support from both the seafood industry and the academic community. ``(d) Priority.--The Secretary shall prioritize funding under this section to projects which-- ``(1) address ecosystems and communities vulnerable to the impacts of ocean acidification; ``(2) demonstrate support from local stakeholders, such as representatives of States or other governmental jurisdictions, community organizations, tribes, or educational institutions, as appropriate, located within the region in which the project will be undertaken; or ``(3) utilize seafood industry assets as research and monitoring platforms. ``(e) Implementation Guidelines.--Not later than 180 days after the date of enactment of this section, the Secretary, in collaboration with the Subcommittee, shall issue implementation guidelines under this section, including criteria and priorities for grants. Those guidelines shall be developed in consultation, as appropriate, with-- ``(1) State, regional, and local decisionmakers with ocean acidification experience; ``(2) the seafood industry and other marine-dependent industries; ``(3) formal and informal educators, including both those within academia and those who are not; ``(4) tribes; ``(5) nongovernmental organizations involved in ocean acidification research, prevention, or adaptation; and ``(6) any other appropriate community stakeholders. ``(f) Contents of Proposals.--Each proposal for a grant under this section shall include-- ``(1) a description of the qualifications of the individuals or entities who will conduct the project; ``(2) a plan for ensuring full participation and engagement of both industry and academic community participants, including a description of how each partner will contribute expertise to the project in terms of design, execution, and interpretation of results; ``(3) a plan for the dissemination of the results of the research project, which may include-- ``(A) educational programs; ``(B) presentations to members of the seafood industry, the academic community, and community stakeholders; ``(C) scientific publication; and ``(D) delivery to appropriate representatives of States or other government jurisdictions who would use the information; ``(4) a description of how the project is consistent with the program elements described in section 12405(c); and ``(5) any other information the Secretary considers necessary for evaluating the eligibility of the project for funding under this section. ``(g) Alternative Participants.--The Secretary may make a grant under this section to a partnership in which a marine-dependent industry is substituted for the seafood industry if the proposed project serves the purposes of this section. In such a case, the participation and interests of that marine-dependent industry shall be substituted for those of the seafood industry in applying the requirements of this section. ``(h) Project Reporting.--Each grantee under this section shall provide periodic reports as required by the Secretary. Each such report shall include all information required by the Secretary for evaluating the progress and success of the project. ``(i) Matching Requirements.-- ``(1) In general.--Except as provided in paragraph (2), the total amount of Federal funding for a collaborative research project supported under this section may not exceed 85 percent of the total cost of such project. For purposes of this paragraph, the non-Federal share of project costs may be provided by in-kind contributions and other noncash support. ``(2) Waiver.--The Secretary may waive all or part of the matching requirement under paragraph (1) if the Secretary determines that no reasonable means are available through which applicants can meet the matching requirement and the probable benefit of such project outweighs the public interest in such matching requirement. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for carrying out this section $5,000,000 for each of the fiscal years 2016 through 2020.''.

Ocean Acidification Research Partnerships Act This bill amends the Federal Ocean Acidification Research and Monitoring Act of 2009 to require the National Oceanic and Atmospheric Administration (NOAA) to provide grants for collaborative research projects on ocean acidification developed and conducted through partnerships between the seafood industry and the academic community. NOAA must prioritize projects which: (1) address ecosystems and communities vulnerable to the impacts of ocean acidification, (2) demonstrate support from local stakeholders, or (3) utilize seafood industry assets as research and monitoring platforms. NOAA may make a grant to a partnership in which a marine-dependent industry is substituted for the seafood industry.

{"src": "billsum_train", "title": "Ocean Acidification Research Partnerships Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Tuberculosis (TB) Now Act''. SEC. 2. FINDINGS. Congress finds the following: (1)(A) Tuberculosis is a great health and economic burden to impoverished nations and a health and security threat to the United States and other industrialized countries. (B) Tuberculosis is one of the greatest infectious causes of death of adults worldwide, killing nearly 2,000,000 people per year--one person every 15 seconds. (2) An estimated 8,000,000 individuals develop active tuberculosis each year. (3) Today, tuberculosis is the leading killer of women of reproductive age and of people who are HIV-positive. (4) Tuberculosis is spreading as a result of inadequate treatment and is a disease that knows no national borders. (5) With over 50 percent of tuberculosis cases in the United States attributable to foreign-born individuals and with the increase in international travel, commerce, and migration, elimination of tuberculosis in the United States depends on efforts to control the disease in developing countries. (6) The threat that tuberculosis poses for Americans derives from the global spread of tuberculosis and the emergence and spread of strains of multi-drug resistant tuberculosis (MDR-TB). (7) Up to 50,000,000 individuals may be infected with multi-drug resistant tuberculosis. (8) In the United States, tuberculosis treatment, normally about $2,000 per patient, increases to as much as $1,000,000 per patient to treat multi-drug resistant tuberculosis, and treatment may not even be successful. (9) Without access to treatment, multi-drug resistant tuberculosis is a virtual death sentence. (10) There is a highly effective and inexpensive treatment for standard tuberculosis. Recommended by the World Health Organization (WHO) as the best curative method for tuberculosis, this strategy, known as DOTS (Directly Observed Treatment Short-course), includes low-cost effective diagnosis, treatment, monitoring, and record keeping, as well as a reliable drug supply. A centerpiece of DOTS is observing patients to ensure that they take their medication and complete treatment. (11) DOTS is one of the most cost-effective health interventions available today. A full course of DOTS drugs costs as little as $10 in low-income countries. (12) Proper DOTS treatment is imperative to prevent the development of dangerous multi-drug resistant tuberculosis that arises through improper or incomplete tuberculosis treatment. (13) Building upon the DOTS strategy, DOTS-Plus is a comprehensive tuberculosis management strategy that works as a supplement to the standard DOTS strategy to address areas where there is high prevalence of multi-drug resistant tuberculosis. (14) The Global Fund to Fight AIDS, Tuberculosis and Malaria is an important new global partnership established to combat these 3 infectious diseases that together kill 6,000,000 people a year. Expansion of effective tuberculosis treatment programs constitutes a major component of Global Fund investment, along with integrated efforts to address HIV and tuberculosis in areas of high prevalence. (15) The Centers for Disease Control and Prevention (CDC) is actively involved with global tuberculosis control efforts since the global tuberculosis epidemic directly impacts tuberculosis in the United States, and because Congress has strongly urged the CDC each year to increase its involvement with international tuberculosis control efforts. (16) The CDC is assisting countries with a high burden of tuberculosis-- (A) to implement the World Health Organization- recommended control strategies, DOTS and DOTS-Plus; (B) to identify and treat persons with multi-drug resistant tuberculosis; and (C) to conduct research to identify new diagnostics, treatments, and interventions to control tuberculosis. SEC. 3. FOREIGN ASSISTANCE FOR TUBERCULOSIS PREVENTION, TREATMENT, AND CONTROL. (a) Amendment to Foreign Assistance Act of 1961.--Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by inserting after section 104 the following new section: ``SEC. 104A. ASSISTANCE FOR TUBERCULOSIS PREVENTION, TREATMENT, AND CONTROL. ``(a) Statement of Policy.--Congress recognizes the growing international problem of tuberculosis and the impact its continued existence has on those nations that had previously largely controlled the disease. Congress further recognizes that the means exist to control and treat tuberculosis, and that it is therefore a major objective of the foreign assistance program to control the disease. ``(b) Assistance.-- ``(1) In general.--In meeting the objective described in subsection (a), the President shall provide assistance for the prevention, treatment, and control of tuberculosis. ``(2) Additional requirements.--In carrying out paragraph (1), the President shall-- ``(A) coordinate with the World Health Organization (WHO), the Global Fund to Fight AIDS, Tuberculosis and Malaria, the Department of Health and Human Services (including Centers for Disease Control and Prevention and the National Institutes of Health), and other organizations with respect to the development and implementation of a comprehensive tuberculosis control program; ``(B) set as a goal the detection of at least 70 percent of the cases of infectious tuberculosis, the cure of at least 85 percent of the cases detected by focusing efforts on the use of the Directly Observed Treatment Short-course (DOTS) strategy or other internationally accepted primary tuberculosis control strategies, in those countries in which the United States Agency for International Development has established development programs, by December 31, 2010, and the reduction of tuberculosis-related deaths by 50 percent, by December 31, 2010; and ``(C) give priority to activities that increase Directly Observed Treatment Short-course (DOTS) coverage and treatment of multi-drug resistant tuberculosis where needed using DOTS-Plus, including funding for the Global Tuberculosis Drug Facility, the Stop Tuberculosis Partnership, and the Global Alliance for TB Drug Development. ``(c) Allocation of Funds.--In carrying out subsection (b), the President shall ensure that-- ``(1) not less than 75 percent of the amount made available to carry out this section for a fiscal year shall be expended for antituberculosis drugs, supplies, direct patient services, and training in diagnosis and treatment for Directly Observed Treatment Short-course (DOTS) coverage and treatment of multi- drug resistant tuberculosis using DOTS-Plus; and ``(2) not less than 10 percent of the amount made available to carry out this section for a fiscal year shall be expended to provide a United States contribution to the Global Tuberculosis Drug Facility. ``(d) Annual Report.--Not later than January 31 of each year, the President shall transmit to the appropriate congressional committees a report that contains a summary of all programs, projects, and activities carried out under this section for the preceding fiscal year, including a description of the increase in the number of individuals treated and cured through each program, project, and activity. ``(e) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to the President to carry out this section $200,000,000 for each of the fiscal years 2004 and 2005. ``(2) Availability.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended. ``(f) Definitions.--In this section: ``(1) Appropriate congressional committees.--The term `appropriate congressional committees' means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. ``(2) DOTS.--The term `DOTS' or `Directly Observed Treatment Short-course' means the World Health Organization- recommended strategy for treating tuberculosis. ``(3) DOTS-plus.--The term `DOTS-Plus' means a comprehensive tuberculosis management strategy that is built upon and works as a supplement to the standard DOTS strategy, and which takes into account specific issues (such as use of second line anti-tuberculosis drugs) that need to be addressed in areas where there is high prevalence of multi-drug resistant tuberculosis. ``(4) Global alliance for tuberculosis drug development.-- The term `Global Alliance for Tuberculosis Drug Development' means the public-private partnership that brings together leaders in health, science, philanthropy, and private industry to ensure that new medications are available and affordable in high tuberculosis burden countries and other affected countries. ``(5) Global tuberculosis drug facility.--The term `Global Tuberculosis Drug Facility (GDF)' means the new initiative of the Stop Tuberculosis Partnership to increase access to high- quality tuberculosis drugs to facilitate DOTS expansion. ``(6) Stop tuberculosis partnership.--The term `Stop Tuberculosis Partnership' means the partnership of the World Health Organization, donors including the United States, high tuberculosis burden countries, multilateral agencies, and nongovernmental and technical agencies committed to short- and long-term measures required to control and eventually eliminate tuberculosis as a public health problem in the world.''. (b) Conforming Amendment.--Section 104(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b(c)) is amended by striking paragraph (7). (c) Effective Date.--The amendments made by this section shall take effect on October 1, 2003, or the date of the enactment of this Act, whichever occurs later. SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR GLOBAL TUBERCULOSIS ACTIVITIES OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION. For the purpose of carrying out global tuberculosis activities through the Centers for Disease Control and Prevention, there are authorized to be appropriated $30,000,000 for fiscal year 2004, and such sums as may be necessary for fiscal year 2005. Such authorization is in addition to other authorizations of appropriations that are available for such purpose. Amounts appropriated under this section shall remain available until expended.

Stop Tuberculosis (TB) Now Act - Amends the Foreign Assistance Act of 1961 to direct the President to provide assistance for the prevention, treatment and control of tuberculosis. Requires the President to: (1) coordinate with specified health agencies worldwide to develop and implement a comprehensive tuberculosis control program; (2) set as a goal the detection of at least 70 percent of the cases of infectious tuberculosis, the cure of at least 85 percent of the cases detected, and the reduction of tuberculosis-related deaths by 50 percent by December 31, 2010; (3) give priority to activities that increase Directly Observed Treatment Short-course (DOTS) coverage (World Health Organization-recommended strategy for treating tuberculosis) and treatment of multi-drug resistant tuberculosis using DOTS-Plus; (4) expend at least 75 percent of the allocated funds on antituberculosis drugs, supplies, direct patient service, and training in diagnosis and treatment of DOTS and DOTS-Plus; (5) expend at least 10 percent of the allocated funds on a U.S. contribution to the Global Tuberculosis Drug Facility. Authorizes appropriations for global tuberculosis activities of the Centers for Disease Control and Prevention.

{"src": "billsum_train", "title": "To amend the Foreign Assistance Act of 1961 to provide increased foreign assistance for tuberculosis prevention, treatment, and control, and for other purposes."}

SECTION 1. FINDINGS. Congress finds the following: (1) Seven Baha'i leaders in Iran have been wrongfully imprisoned since 2008. (2) In May 2010, suspected terrorists attacked two mosques in Pakistan belonging to the Ahmaddiya minority Muslim sect, killing at least 80 people. Ahmadis consider themselves Muslim, but Pakistani law does not recognize them as such. (3) Said Musa, an Afghan Christian convert, was arrested in May 2010 on charges of apostasy, a crime which can carry the death sentence, and was released in February 2011 only after sustained international pressure. (4) On October 31, 2010, gunmen laid siege on Our Lady of Salvation Church in Baghdad, Iraq killing at least 52 police and worshipers, including two priests, making it the worst massacre of Iraqi Christians since 2003. (5) Iraq's ancient and once vibrant Christian population that numbered an estimated 1,500,000 out of a total population in Iraq of 30,000,000 in 2003 has been reduced by at least one half, due in significant part to Christians fleeing the violence. (6) In November 2010, a Pakistani court sentenced Aasia Bibi, a Christian mother of five, to death under the country's blashphemy law for insulting the Prophet Muhammad. (7) On New Year's Eve 2010, 23 people were killed when a suicide bomber attacked a Coptic Christian church in Alexandria, Egypt. (8) On March 2, 2011, Pakistani Federal Minorities Minister Shahbaz Bhatti, the only Christian member of the Cabinet, who was outspoken in his opposition to Pakistan's blasphemy laws was assassinated by extremists. (9) The Department of State's 2010 International Religious Freedom Report stated that many religious minority groups in Uzbekistan ``faced heavy fines and/or short jail terms for violations of restrictive religion laws''. (10) The Special Envoy for Anti-Semitism, Hannah Rosenthal, has noted that Holocaust glorification ``is especially virulent in the Middle East media''. (11) A number of countries in the Middle East have recently undergone popular revolutions which in some countries have left security vacuums making religious minorities especially vulnerable to violent attacks, such as-- (A) in March 2011, the Shahedin Church in Helwan province, Egypt, was torched, leading to protests which spurred sectarian clashes in the streets of Cairo; (B) on March 20, 2011, a group of Salafists in Upper Egypt cut off a Christian man's ear and burned his home and car; and (C) news reports from April 2011 indicate that Salafi organizations in Egypt have been implicated in the destruction of Sufi shrines across the country fueling violent conflict. (12) Many of these ancient faith communities are being forced to flee the lands which they have inhabited for centuries. (13) The United States Commission on International Religious Freedom has recommended that Iran, Iraq, Pakistan, Saudi Arabia, Turkmenistan, and Uzbekistan be designated by the Department of State as Countries of Particular Concern in accordance with the International Religious Freedom Act of 1998. (14) The situation on the ground in the region continues to develop rapidly and the United States Government needs an individual who can respond in kind and focus on the critical situation of religious minorities in these countries. SEC. 2. SPECIAL ENVOY TO PROMOTE RELIGIOUS FREEDOM OF RELIGIOUS MINORITIES IN THE NEAR EAST AND SOUTH CENTRAL ASIA. (a) Appointment.--The President shall appoint a Special Envoy to Promote Religious Freedom of Religious Minorities in the Near East and South Central Asia (in this Act referred to as the ``Special Envoy'') within the Department of State. (b) Qualifications.--The Special Envoy should be a person of recognized distinction in the field of human rights and religious freedom and with expertise in the Near East and South Central Asia regions. The Special Envoy shall have the rank of ambassador and shall hold the office at the pleasure of the President. (c) Prohibition.--The person appointed as Special Envoy may not hold any other position of Federal employment for the period of time during which the person holds the position of Special Envoy. SEC. 3. DUTIES. (a) In General.--The Special Envoy shall carry out the following duties: (1) Promote the right of religious freedom of religious minorities in the countries of the Near East and the countries of South Central Asia, denounce the violation of such right, and recommend appropriate responses by the United States Government when such right is violated. (2) Monitor and combat acts of religious intolerance and incitement targeted against religious minorities in the countries of the Near East and the countries of South Central Asia. (3) Work to ensure that the unique needs of religious minority communities in the countries of the Near East and the countries of South Central Asia are addressed, including the economic and security needs of such communities to the extent that such needs are directly tied to religious-based discrimination and persecution. (4) Work with foreign governments of the countries of the Near East and the countries of South Central Asia to address laws that are inherently discriminatory toward religious minority communities in such countries. (5) Coordinate and assist in the preparation of that portion of the report required by sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)) relating to the nature and extent of religious freedom of religious minorities in the countries of the Near East and the countries of South Central Asia. (6) Coordinate and assist in the preparation of that portion of the report required by section 102(b) of the International Religious Freedom Act of 1998 (22 U.S.C. 6412(b)) relating to the nature and extent of religious freedom of religious minorities in the countries of the Near East and the countries of South Central Asia. (b) Coordination.--In carrying out the duties under subsection (a), the Special Envoy shall, to the maximum extent practicable, coordinate with the Bureau of Population, Refugees and Migration of the Department of State, the Ambassador at Large for International Religious Freedom, the United States Commission on International Religious Freedom, and other relevant Federal agencies and officials. SEC. 4. DIPLOMATIC REPRESENTATION. Subject to the direction of the President and the Secretary of State, the Special Envoy is authorized to represent the United States in matters and cases relevant to religious freedom in the countries of the Near East and the countries of South Central Asia in-- (1) contacts with foreign governments, intergovernmental organizations, and specialized agencies of the United Nations, the Organization of Security and Cooperation in Europe, and other international organizations of which the United States is a member; and (2) multilateral conferences and meetings relevant to religious freedom in the countries of the Near East and the countries of South Central Asia. SEC. 5. PRIORITY COUNTRIES AND CONSULTATION. (a) Priority Countries.--In carrying out this Act, the Special Envoy shall give priority to programs, projects, and activities for Egypt, Iraq, Afghanistan, and Pakistan. (b) Consultation.--The Special Envoy shall consult with domestic and international nongovernmental organizations and multilateral organizations and institutions, as the Special Envoy considers appropriate to fulfill the purposes of this Act. SEC. 6. FUNDING. (a) In General.--Of the amounts made available for ``Diplomatic and Consular Programs'' for fiscal years 2011 through 2015, $1,000,000 is authorized to be appropriated for each such fiscal year for the hiring of staff, for the conduct of investigations, and for necessary travel to carry out the provisions of this Act. (b) Funding Offset.--To offset the costs to be incurred by the Department of State for the hiring of staff, for the conduct of investigations, and for necessary travel to carry out the provisions of this Act for fiscal years 2011 through 2015, the Secretary of State shall eliminate such positions within the Department of State, unless otherwise authorized or required by law, as the Secretary determines to be necessary to fully offset such costs. (c) Limitation.--No additional funds are authorized to be appropriated for ``Diplomatic and Consular Programs'' to carry out this Act. SEC. 7. SUNSET. This Act shall cease to be effective beginning on October 1, 2015. Passed the House of Representatives July 29, 2011. Attest: KAREN L. HAAS, Clerk.

(Sec. 2) Directs the President to appoint a Special Envoy to Promote Religious Freedom of Religious Minorities in the Near East and South Central Asia within the Department of State. (Sec. 3) Requires the Special Envoy to: (1) promote the right of religious freedom of religious minorities in the countries of the Near East and South Central Asia, denounce the violation of such right, and recommend appropriate U.S government responses to such violations; (2) monitor and combat acts of religious intolerance and incitement targeted against such religious minorities; (3) ensure that the needs of such religious minority communities are addressed, including economic and security needs directly tied to religious-based discrimination and persecution; (4) work with foreign governments of such countries to address inherently discriminatory laws; and (5) coordinate and assist in the preparation of specified reports required by the Foreign Assistance Act of 1961 and the International Religious Freedom Act of 1998. (Sec. 4) Authorizes the Special Envoy, subject to direction by the President and the Secretary of State, to represent the United States in matters and cases relevant to religious freedom in: (1) contacts with foreign governments, intergovernmental organizations, and specialized agencies of the United Nations (U.N.), the Organization of Security and Cooperation in Europe, and other international organizations; and (2) multilateral conferences and meetings relevant to religious freedom. (Sec. 5) Requires the Special Envoy to give priority to programs, projects, and activities for Egypt, Iraq, Afghanistan, and Pakistan. (Sec. 6) Authorizes, from amounts available for Diplomatic and Consular Programs, $1 million to be appropriated each fiscal year from FY2011-FY2015. Provides that no additional funds are authorized to be appropriated for such Programs to carry out this Act. Directs the Secretary, unless otherwise authorized or required by law, to eliminate positions within the Department as necessary to offset the costs to be incurred for hiring staff, conducting investigations, and for the necessary travel to carry out this Act. (Sec. 7) Declares that this Act shall cease to be effective on October 1, 2015.

{"src": "billsum_train", "title": "To provide for the establishment of the Special Envoy to Promote Religious Freedom of Religious Minorities in the Near East and South Central Asia."}

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Prevention of School Violence Act of 1999''. (b) Findings.--The Congress finds the following: (1) Students have a right to be safe and secure in their persons while attending school. (2) While America's schools are among the safest places to be on a day-to-day basis, the recent tragic and sudden acts of violence in some of our Nation's schools, including the incidents in Pearl, Mississippi; Paducah, Kentucky; Jonesboro, Arkansas; Springfield, Oregon; Edinboro, Pennsylvania; Fayetteville, Tennessee; and Littleton, Colorado, remind us that no school and no community can be complacent in their efforts to make their schools even safer and in doing so provide a high quality learning environment for their students. (3) There is an increasing and urgent need to better understand the causes of violence committed by students and to identify those initiatives and strategies that are effective in preventing acts of violence in our schools. SEC. 2. ESTABLISHMENT OF NATIONAL COMMISSION ON THE PREVENTION OF SCHOOL VIOLENCE. There is established a Commission to be known as the ``National Commission on the Prevention of School Violence'' (hereafter in this Act referred to as the ``Commission''). SEC. 3. MEMBERSHIP OF COMMISSION. (a) Appointment.-- (1) Generally.--The Commission shall be composed of 11 members as follows: (A) Three individuals shall be appointed by the Speaker of the House. (B) One individual shall be appointed by the Minority Leader of the House. (C) Three individuals shall be appointed by the Majority Leader of the Senate. (D) One individual shall be appointed by the Minority Leader of the Senate. (E) One individual shall be appointed by the Secretary of Education. (F) One individual shall be appointed by the Attorney General. (G) One individual shall be appointed by the Secretary of Health and Human Services. (2) Consultation by appointing officials.--The appointing officials shall consult with each other on their appointments to assure the qualifications set forth in subsection (b) are met. (b) Qualifications.-- (1) Generally.--Each of the individuals appointed under subsection (a) shall be-- (A) a nationally recognized individual prominently acknowledged by that individual's peers, through publication, awards, or other such honors, as having expertise in fields related to child and adolescent behavior; (B) an individual with expertise and experience in dealing with at-risk children and adolescents; or (C) an individual with expertise and experience in school safety and violence issues. (2) Special qualifications.--The expertise of each individual appointed shall relate to the impact of these issues on producing a high quality learning experience. The panel shall include a parent and a recent high school graduate from a school where a recent violent incident has occurred. The panel shall include professionals with expertise in issues dealing with violent and delinquent youth, juvenile justice, or the impact of media and entertainment on children and adolescents. Such professionals shall be representative of the fields of psychology, psychiatry, mental health, social work, school safety, school counseling, behavioral science, juvenile justice; the impact of media and entertainment on children and adolescents. Whenever possible, preference shall be given to those who are also parents. (c) Consultation.--In the course of carrying out their responsibilities, the members of the Commission shall consult-- (1) experts from education, such as school administrators, teachers, counselors, and principals; (2) experts from the criminal justice field, such as law enforcement officers, judges, prosecutors, and juvenile probation officers; (3) behavioral scientists with experience with violent or delinquent youth; (4) organizations or research facilities with expertise in school violence and safety issues; (5) school safety experts such as school security officials; (6) school psychologists with experience in identifying youth at risk of violence; (7) organizations with experience in dealing with at risk youth; (8) members of the public who come in contact with at risk youth; (9) public health officials who have studied violence as a public health problem; (10) statisticians who have studied youth and interpersonal violence; (11) criminologists; (12) students and parents; and (13) other experts in the field of school violence and school safety issues. (d) Chairperson and Vice Chairperson.--The members of the Commission shall elect a Chairman and a Vice Chairperson. In the absence of the Chairperson, the Vice Chairperson will assume the duties of the Chairperson. (e) Quorum.--A majority of the members of the Commission shall constitute a quorum for the transaction of business. (f) Appointments.--All appointments under subsection (a) shall be made within 30 days after the date of enactment of this Act. In the event that an officer authorized to make an appointment under subsection (a) has not made such appointment within such 30 days, the appointment may be made for such officer as follows: (1) the Chairman of the Committee on Education and the Workforce may act under such subsection for the Speaker of the House of Representatives; (2) the Ranking Minority Member of the Committee on Education and the Workforce may act under such subsection for the Minority Leader of the House of Representatives; (3) the Chairman of the Committee on Labor and Human Resources may act under such subsection for the Majority Leader of the Senate; and (4) the Ranking Minority Member of the Committee on Labor and Human Resources may act under such subsection for the Minority Leader of the Senate. (g) Voting.--Each member of the Commission shall be entitled to one vote, which shall be equal to the vote of every other member of the Commission. (h) Vacancies.--Any vacancy on the Commission shall not affect its powers, but shall be filled in the manner in which the original appointment was made. (i) Prohibition of Additional Pay.--Members of the Commission shall receive no additional pay, allowances, or benefits by reason of their service on the Commission. Members appointed from among private citizens of the United States may be allowed travel expenses, including per diem, in lieu of subsistence, as authorized by law for persons serving intermittently in the government service to the extent funds are available for such expenses. (j) Initial Meeting.--The initial meeting of the Commission shall occur within 40 days after the date of enactment of this Act. SEC. 4. FUNCTIONS OF COMMISSION. (a) Specific Findings and Recommendations.--The Commission shall study incidents of school violence. To the extent feasible, the Commission shall interview the perpetrators of school shootings, members of their families, their friends, and associates, teachers, guidance counselors, and other professionals who can provide insight into the perpetrators experiences, feelings, and expressions. The Commission shall make findings and specific recommendations regarding the following: (1) The extent, patterns, and root of the problem surrounding violence in and around schools, at school events, and on the way to and from school. (2) The key factors relating to school violence, including the characteristics of both perpetrator and victim, as well as their families and communities; the relationship between perpetrator and victim; social interactions; family dynamics; and the impact of entertainment, media, and cultural influences. (3) Successful approaches to preventing school violence, including such programs as early identification of troubled children, anger management, conflict resolution, and problem solving. (4) Recommendations to parents, educators, communities, and government entities as to those programs and strategies that will best prevent school violence and ensure the safety of students, faculty, and others, and lead to a high quality learning environment. (b) Final Report.-- (1) In general.--Subject to paragraph (2), the Commission shall submit to the President and to the Congress, not later than 1 year after the date of the first meeting of the Commission, a report which shall contain a detailed statement of the findings and conclusions of the Commission, including the Commission's recommendations for administrative and legislative action that the Commission considers advisable. (2) Majority vote required for recommendations.--Any recommendation described in paragraph (1) shall be made by the Commission to the President and to the Congress only if such recommendation is adopted by a majority vote of the members of the Commission who are present and voting. SEC. 5. POWERS OF COMMISSION. (a) Hearings.--The Commission may, for the purpose of carrying out this Act, hold such hearings and sit and act at such times and places, as the Commission may find advisable. (b) Rules and Regulations.--The Commission may adopt such rules and regulations as may be necessary to establish the Commission's procedures and to govern the manner of the Commission's operations, organization, and personnel. (c) Assistance From Federal Agencies.-- (1) Information.--The Commission may request from the head of any Federal agency or instrumentality such information as the Commission may require for the purpose of this Act. Each such agency or instrumentality shall, to the extent permitted by law and subject to the exceptions set forth in section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act), furnish such information to the Commission, upon request made by the Chairperson of the Commission. (2) Facilities and services, personnel detail authorized.-- Upon request of the Chairperson of the Commission, the head of any Federal agency or instrumentality shall, to the extent possible and subject to the discretion of such head-- (A) make any of the facilities and services of such agency or instrumentality available to the Commission; and (B) detail any of the personnel of such agency or instrumentality to the Commission, on a nonreimbursable basis, to assist the Commission in carrying out the Commission's duties under this Act. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. (e) Contracting.--The Commission, to such extent and in such amounts as are provided in appropriation Acts, may enter into contracts with State agencies, private firms, institutions, and individuals for the purpose of conducting research or surveys necessary to enable the Commission to discharge the Commission's duties under this Act. (f) Staff.--Subject to such rules and regulations as may be adopted by the Commission, and to such extent and in such amounts as are provided in appropriation Acts, the Chairperson of the Commission shall have the power to appoint, terminate, and fix the compensation (without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title, or of any other provision, or of any other provision of law, relating to the number, classification, and General Schedule rates) of an Executive Director, and of such additional staff as the Chairperson deems advisable to assist the Commission, at rates not to exceed a rate equal to the maximum rate for level IV of the Executive Schedule under section 5332 of such title. SEC. 6. EXPENSES OF COMMISSION. There are authorized to be appropriated to pay any expenses of the Commission such sums as may be necessary not to exceed $650,000. Any sums appropriated for such purposes are authorized to remain available until expended, or until one year after the termination of the Commission pursuant to section 7, whichever occurs first. SEC. 7. TERMINATION OF COMMISSION. The Commission shall cease to exist on the date that is 60 days after the date on which the Commission is required to submit its final report in accordance with section 4(b).

Prevention of School Violence Act of 1999 - Establishes the National Commission on the Prevention of School Violence. Directs the Commission to submit a final report to the President and the Congress within one year after its first meeting. Terminates the Commission 60 days after such required report date.

{"src": "billsum_train", "title": "Prevention of School Violence Act of 1999"}

SECTION. 1. AUTHORITY TO AGREE TO CERTAIN AMENDMENTS TO THE BORDER ENVIRONMENT COOPERATION AGREEMENT; GRANT AUTHORITY. (a) Amendment Authority.--Part 2 of subtitle D of title V of Public Law 103-182 (22 U.S.C. 290m-290m-3) is amended by adding at the end the following: ``SEC. 545. AUTHORITY TO AGREE TO CERTAIN AMENDMENTS TO THE BORDER ENVIRONMENT COOPERATION AGREEMENT. ``The President may agree to amendments to the Cooperation Agreement that-- ``(1) enable the Bank to make grants and nonmarket rate loans out of its paid-in capital resources with the approval of its Board; and ``(2) amend the definition of `border region' to include the area in the United States that is within 100 kilometers of the international boundary between the United States and Mexico, and the area in Mexico that is within 300 kilometers of the international boundary between the United States and Mexico.''. (b) Grant Authority.--Part 2 of subtitle D of title V of Public Law 103-182 (22 U.S.C. 290m-290m-3), as amended by subsection (a), is amended by adding at the end the following: ``SEC. 546. GRANTS OUT OF PAID-IN CAPITAL RESOURCES. ``(a) In General.--The President shall instruct the United States Federal Government representatives on the Board of Directors of the North American Development Bank to oppose any proposal where grants out of the Bank's paid-in capital resources, except for grants from paid-in capital authorized for the community adjustment and investment program under the Bank's charter of 1993, would-- ``(1) be made to a project that is not being financed, in part, by loans; or ``(2) account for more than 50 percent of the financing of any individual project. ``(b) Exception.-- ``(1) General rule.--The requirements of subsection (a) shall not apply in cases where-- ``(A) the President determines there are exceptional economic circumstances for making the grant and consults with the Committee on Foreign Relations of the Senate and the Committee on Financial Services of the House of Representatives; or ``(B)(i) the grant is being made for a project that is so small that obtaining a loan is impractical; and ``(ii) the grant does not exceed $250,000. ``(2) Limitation.--Not more than an aggregate of $5,000,000 in grants may be made under this subsection.''. (c) Clerical Amendment.--Section 1(b) of such public law is amended in the table of contents by inserting after the item relating to section 544 the following: ``Sec. 545. Authority to agree to certain amendments to the Border Environment Cooperation Agreement. ``Sec. 546. Grants out of paid-in capital resources.''. SEC. 2. ANNUAL REPORT. The Secretary of the Treasury shall submit annually to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate a written report on the North American Development Bank, which addresses the following issues: (1) The number and description of the projects that the North American Development Bank has approved. The description shall include the level of market-rate loans, non-market-rate loans, and grants used in an approved project, and a description of whether an approved project is located within 100 kilometers of the international boundary between the United States and Mexico or within 300 kilometers of the international boundary between the United States and Mexico. (2) The number and description of the approved projects in which money has been dispersed. (3) The number and description of the projects which have been certified by the Border Environment Cooperation Commission, but yet not financed by the North American Development Bank, and the reasons that the projects have not yet been financed. (4) The total of the paid-in capital, callable capital, and retained earnings of the North American Development Bank, and the uses of such amounts. (5) A description of any efforts and discussions between the United States and Mexican governments to expand the type of projects which the North American Development Bank finances beyond environmental projects. (6) A description of any efforts and discussions between the United States and Mexican governments to improve the effectiveness of the North American Development Bank. (7) The number and description of projects authorized under the Water Conservation Investment Fund of the North American Development Bank. SEC. 3. SENSE OF THE CONGRESS RELATING TO UNITED STATES SUPPORT FOR NADBANK PROJECTS WHICH FINANCE WATER CONSERVATION FOR TEXAS IRRIGATORS AND AGRICULTURAL PRODUCERS IN THE LOWER RIO GRANDE RIVER VALLEY. (a) Findings.--The Congress finds that-- (1) Texas irrigators and agricultural producers are suffering enormous hardships in the lower Rio Grande River valley because of Mexico's failure to abide by the 1944 Water Treaty entered into by the United States and Mexico; (2) over the last 10 years, Mexico has accumulated a 1,500,000- acre fee water debt to the United States which has resulted in a very minimal and inadequate irrigation water supply in Texas; (3) recent studies by Texas A&M University show that water savings of 30 percent or more can be achieved by improvements in irrigation system infrastructure such as canal lining and metering; (4) on August 20, 2002, the Board of the North American Development Bank agreed to the creation in the Bank of a Water Conservation Investment Fund, as required by Minute 308 to the 1944 Water Treaty, which was an agreement signed by the United States and Mexico on June 28, 2002; and (5) the Water Conservation Investment Fund of the North American Development Bank stated that up to $80,000,000 would be available for grant financing of water conservation projects, which grant funds would be divided equally between the United States and Mexico. (b) Sense of the Congress.--It is the sense of the Congress that-- (1) water conservation projects are eligible for funding from the North American Development Bank under the Agreement Between the Government of the United States of America and the Government of the United Mexican States Concerning the Establishment of a Border Environment Cooperation Commission and a North American Development Bank; and (2) the Board of the North American Development Bank should support qualified water conservation projects which can assist Texas irrigators and agricultural producers in the lower Rio Grande River Valley. SEC. 4. SENSE OF THE CONGRESS RELATING TO UNITED STATES SUPPORT FOR NADBANK PROJECTS WHICH FINANCE WATER CONSERVATION IN THE SOUTHERN CALIFORNIA AREA. It is the sense of the Congress that the Board of the North American Development Bank should support-- (1) the development of qualified water conservation projects in southern California and other eligible areas in the 4 United States border States, including the conjunctive use and storage of surface and ground water, delivery system conservation, the re-regulation of reservoirs, improved irrigation practices, wastewater reclamation, regional water management modeling, operational and optimization studies to improve water conservation, and cross- border water exchanges consistent with treaties; and (2) new water supply research and projects along the Mexico border in southern California and other eligible areas in the 4 United States border States to desalinate ocean seawater and brackish surface and groundwater, and dispose of or manage the brines resulting from desalination. SEC. 5. SENSE OF THE CONGRESS RELATING TO UNITED STATES SUPPORT FOR NADBANK PROJECTS FOR WHICH FINANCE WATER CONSERVATION FOR IRRIGATORS AND AGRICULTURAL PRODUCERS IN THE SOUTHWEST UNITED STATES. (a) Findings.--The Congress finds as follows: (1) Irrigators and agricultural producers are suffering enormous hardships in the southwest United States. The border States of California, Arizona, New Mexico, and Texas are suffering from one of the worst droughts in history. In Arizona, this is the second driest period in recorded history and the worst since 1904. (2) In spite of decades of water conservation in the southwest United States, irrigated agriculture uses more than 60 percent of surface and ground water. (3) The most inadequate water supplies in the United States are in the Southwest, including the lower Colorado River basin and the Great Plains River basins south of the Platte River. In these areas, 70 percent of the water taken from the stream is not returned. (4) The amount of water being pumped out of groundwater sources in many areas is greater than the amount being replenished, thus depleting the groundwater supply. (5) On August 20, 2002, the Board of the North American Development Bank agreed to the creation in the bank of a Water Conservation Investment Fund. (6) The Water Conservation Investment Fund of the North American Development Bank stated that up to $80,000,000 would be available for grant financing of water conservation projects, which grant funds would be divided equally between the United States and Mexico. (b) Sense of the Congress.--It is the sense of the Congress that-- (1) water conservation projects are eligible for funding from the North American Development Bank under the Agreement Between the Government of the United States of America and the Government of the United Mexican States Concerning the Establishment of a Border Environment Cooperation Commission and a North American Development Bank; (2) the Board of the North American Development Bank should support qualified water conservation projects that can assist irrigators and agricultural producers; and (3) the Board of the North American Development Bank should take into consideration the needs of all of the border states before approving funding for water projects, and strive to fund water conservation projects in each of the border states. SEC. 6. SENSE OF THE CONGRESS REGARDING FINANCING OF PROJECTS. (a) In General.--It is the sense of the Congress that the Board of the North American Development Bank should support the financing of projects, on both sides of the international boundary between the United States and Mexico, that address coastal issues and the problem of pollution in both countries having an environmental impact along the Pacific Ocean and Gulf of Mexico shores of the United States and Mexico. (b) Air Pollution.--It is the sense of the Congress that the Board of the North American Development Bank should support the financing of projects, on both sides of the international boundary between the United States and Mexico, which address air pollution. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(Sec. 1) Amends the North American Free Trade Agreement Implementation Act to authorize the President to agree to amendments to the Border Environment Cooperation Agreement (the November 1993 Agreement Between the Government of the United States of America and the Government of the United Mexican States Concerning the Establishment of a Border Environment Cooperation Commission and a North American Development Bank) that: (1) enable the North American Development Bank to make grants and non-market rate loans out of its paid-in capital resources with the approval of its Board of Directors for qualified water conservation projects; and (2) amend the definition of "border region" as it relates to such projects to include specified areas in the United States and Mexico that are within 300 kilometers of the international boundary between the two countries. (Sec. 2) Directs the Secretary of the Treasury to report annually to certain congressional committees on the North American Development Bank, addressing specified issues. Directs the President to instruct the U.S. representative on the Board of Directors of the North American Development Bank to oppose, with exceptions, any proposal where grants out of paid-in capital resources would: (1) be made to a project that is not being financed, in part, by loans; or (2) account for more than 50 percent of any individual project. (Sec. 3) Expresses the sense of Congress that: (1) water conservation projects are eligible for funding from the Bank under the Cooperation Agreement; and (2) the Board of Directors of the Bank should support qualified water conservation projects which can assist Texas irrigators and agricultural producers in the lower Rio Grande River Valley. (Sec. 4) Expresses the sense of Congress that the Bank should support: (1) the development of qualified water conservation projects in southern California and other eligible areas in the four U.S. border States (California, Arizona, New Mexico, and Texas), including the conjunctive use and storage of surface water and groundwater, delivery system conservation, the re-regulation of reservoirs, improved irrigation practices, wastewater reclamation, regional water management modeling, operational and optimization studies to improve water conservation, and cross-border water exchanges consistent with treaties; and (2) new water supply research and projects along the Mexico border in southern California and other eligible areas in the four U.S. border States to desalinate ocean seawater and brackish surface water and groundwater, and dispose of or manage the brines resulting from desalination. (Sec. 5) Expresses the sense of Congress that the Bank Board should: (1) take into consideration the needs of all of the border states before approving funding for water conservation projects; and (2) strive to fund such projects in each of such states. (Sec. 6) Expresses the sense of Congress that the Bank Board should support the financing of projects, on both sides of the international boundary between the United States and Mexico, which address: (1) coastal issues and the problem of pollution in both countries having an environmental impact along their Pacific Ocean and Gulf of Mexico shores; and (2) air pollution.

{"src": "billsum_train", "title": "To authorize the President of the United States to agree to certain amendments to the Agreement between the Government of the United States of America and the Government of the United Mexican States concerning the establishment of a Border Environment Cooperation Commission and a North American Development Bank, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural America Preservation Act''. SEC. 2. PAYMENT LIMITATIONS. Section 1001 of the Food Security of 1985 (7 U.S.C. 1308) is amended-- (1) in subsection (b)(1), by striking ``$40,000'' and inserting ``$20,000''; (2) in subsection (c)(1), by striking ``$65,000'' and inserting ``$30,000''; (3) in subsection (d), by striking ``(d)'' and all that follows through the end of paragraph (1) and inserting the following: ``(d) Limitations on Marketing Loan Gains, Loan Deficiency Payments, and Commodity Certificate Transactions.-- ``(1) Loan commodities.--The total amount of the following gains and payments that a person may receive during any crop year may not exceed $75,000: ``(A)(i) Any gain realized by a producer from repaying a marketing assistance loan for 1 or more loan commodities under subtitle B of title I of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7931 et seq.) at a lower level than the original loan rate established for the loan commodity under that subtitle. ``(ii) In the case of settlement of a marketing assistance loan for 1 or more loan commodities under that subtitle by forfeiture, the amount by which the loan amount exceeds the repayment amount for the loan if the loan had been settled by repayment instead of forfeiture. ``(B) Any loan deficiency payments received for 1 or more loan commodities under that subtitle. ``(C) Any gain realized from the use of a commodity certificate issued by the Commodity Credit Corporation for 1 or more loan commodities, as determined by the Secretary, including the use of a certificate for the settlement of a marketing assistance loan made under that subtitle, with the gain reported annually to the Internal Revenue Service and to the taxpayer in the same manner as gains under subparagraphs (A) and (B).''; (4) by adding at the end the following: ``(h) Single Farming Operation.-- ``(1) In general.--Notwithstanding subsections (b) through (d), subject to paragraph (2), if a person participates only in a single farming operation and receives, directly or indirectly, any payment or gain covered by this section through the farming operation, the total amount of payments or gains (as applicable) covered by this section that the person may receive during any crop year may be up to but not exceed twice the applicable dollar amounts specified in subsections (b), (c), and (d). ``(2) Individuals.--The total amount of payments or gains (as applicable) covered by this section that an individual person may receive during any crop year may not exceed $250,000. ``(i) Spouse Equity.--Notwithstanding subsections (b) through (d), except as provided in subsection (e)(2)(C)(i), if an individual and spouse are covered by subsection (e)(2)(C) and receive, directly or indirectly, any payment or gain covered by this section, the total amount of payments or gains (as applicable) covered by this section that the individual and spouse may jointly receive during any crop year may not exceed twice the applicable dollar amounts specified in subsections (b), (c), and (d). ``(j) Regulations.-- ``(1) In general.--Not later than 270 days after the date of enactment of this subsection, the Secretary shall promulgate regulations-- ``(A) to ensure that total payments and gains described in this section made to or through joint operations or multiple entities under the primary control of a person, in combination with the payments and gains received directly by the person, shall not exceed twice the applicable dollar amounts specified in subsections (b), (c), and (d); ``(B) in the case of a person that in the aggregate owns, conducts farming operations, or provides custom farming services on land with respect to which the aggregate payments exceed the applicable dollar amounts specified in subsections (b), (c), and (d), to attribute all payments and gains made on crops produced on the land to-- ``(i) a person that rents land as lessee or lessor through a crop share lease and receives a share of the payments that is less than the usual and customary share of the crop received by the lessee or lessor, as determined by the Secretary; ``(ii) a person that provides custom farming services through arrangements under which-- ``(I) all or part of the compensation for the services is at risk; ``(II) farm management services are provided by-- ``(aa) the same person; ``(bb) an immediate family member; or ``(cc) an entity or individual that has a business relationship that is not an arm's length relationship, as determined by the Secretary; or ``(III) more than \2/3\ of the farming operations are conducted as custom farming services provided by-- ``(aa) the same person; ``(bb) an immediate family member; or ``(cc) an entity or individual that has a business relationship that is not an arm's length relationship, as determined by the Secretary; or ``(iii) a person under such other arrangements as the Secretary determines are established to transfer payments from persons that would otherwise exceed the applicable dollar amounts specified in subsections (b), (c), and (d); and ``(C) to ensure that payments attributed under this section to a person other than the direct recipient shall also count toward the limit of the direct recipient. ``(2) Primary control.--The regulations under paragraph (1) shall define `primary control' to include a joint operation or multiple entity in which a person owns an interest that is equal to or greater than the interest of any other 1 or more persons that materially participate on a regular, substantial, and continuous basis in the management of the operation or entity.''. SEC. 3. SCHEMES OR DEVICES. Section 1001B of the Food Security Act of 1985 (7 U.S.C. 1308-2) is amended-- (1) by inserting ``(a) In general.--'' before ``If''; and (2) by adding at the end the following: ``(b) Fraud.--If fraud is committed by a person in connection with a scheme or device to evade, or that has the purpose of evading, section 1001, 1001A, or 1001C, the person shall be ineligible to receive farm program payments (as described in subsections (b), (c), and (d) of section 1001 as being subject to limitation) applicable to the crop year for which the scheme or device is adopted and the succeeding 5 crop years.''. SEC. 4. REGULATIONS. (a) In General.--The Secretary of Agriculture may promulgate such regulations as are necessary to implement this Act and the amendments made by this Act. (b) Procedure.--The promulgation of the regulations and administration of this Act and the amendments made by this Act shall be made without regard to-- (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). (c) Congressional Review of Agency Rulemaking.--In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code.

Rural America Preservation Act - 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 $75,000 for such payments. Doubles payment limitations for single farming operations. Limits an individual to a combined annual payment of $250,000. Makes a person who commits fraud in connection with a scheme or device to evade certain program limitations (multiple entities, citizenship) ineligible for farm benefits for six years.

{"src": "billsum_train", "title": "A bill to amend the Food Security Act of 1985 to restore integrity to and strengthen payment limitation rules for commodity payments and benefits."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mississippi Sioux Tribes Judgment Fund Distribution Act of 1996''. SEC. 2. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Covered indian tribe.--The term ``covered Indian tribe'' means an Indian tribe listed in section 4(a). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Tribal governing body.--The term ``tribal governing body'' means the duly elected governing body of a covered Indian tribe. SEC. 3. DISTRIBUTION TO, AND USE OF CERTAIN FUNDS BY, THE SISSETON AND WAHPETON TRIBES OF SIOUX INDIANS. Notwithstanding any other provision of law, including Public Law 92-555 (25 U.S.C. 1300d et seq.), any funds made available by appropriations under Public Law 90-352 to the Sisseton and Wahpeton Tribes of Sioux Indians to pay a judgment in favor of the Tribes in Indian Claims Commission dockets numbered 142 and 359, including interest, after payment of attorney fees and other expenses, that, as of the date of enactment of this Act, have not been distributed, shall be distributed and used in accordance with this Act. SEC. 4. DISTRIBUTION OF FUNDS TO TRIBES. (a) In General.--Subject to section 5, as soon as practicable after the date that is 1 year after the date of enactment of this Act, the Secretary shall distribute an aggregate amount, equal to the funds described in section 3 reduced by $1,469,831.50, as follows: (1) 28.9276 percent of such amount shall be distributed to the tribal governing body of the Devils Lake Sioux Tribe of North Dakota. (2) 57.3145 percent of such amount shall be distributed to the tribal governing body of the Sisseton and Wahpeton Sioux Tribe of South Dakota. (3) 13.7579 percent of such amount shall be distributed to the tribal governing body of the Assiniboine and Sioux Tribes of the Fort Peck Reservation in Montana, as designated under subsection (b). (b) Tribal Governing Body of Assiniboine and Sioux Tribes of Fort Peck Reservation.--For purposes of making distributions of funds pursuant to this Act, the Sisseton and Wahpeton Sioux Council of the Assiniboine and Sioux Tribes shall act as the governing body of the Assiniboine and Sioux Tribes of the Fort Peck Reservation. SEC. 5. ESTABLISHMENT OF TRIBAL TRUST FUNDS. (a) In General.--As a condition to receiving funds distributed under section 4, each tribal governing body referred to in section 4(a) shall establish a trust fund for the benefit of the covered Indian tribe under the jurisdiction of that tribal governing body, consisting of-- (1) amounts deposited into the trust fund; and (2) any interest that accrues from investments made from amounts deposited into the trust fund. (b) Trustee.--Each tribal governing body that establishes a trust fund under this section shall-- (1) serve as the trustee of the trust fund; and (2) administer the trust fund in accordance with section 6. SEC. 6. USE OF DISTRIBUTED FUNDS. (a) Prohibition.--No funds distributed to a covered Indian tribe under section 4 may be used to make per capita payments to members of the covered Indian tribe. (b) Purposes.--The funds distributed under section 4 may be used by a tribal governing body referred to in section 4(a) only for the purpose of making investments or expenditures that the tribal governing body determines to be reasonably related to-- (1) economic development that is beneficial to the covered Indian tribe; (2) the development of resources of the covered Indian tribe; or (3) the development of a program that is beneficial to members of the covered Indian tribe, including educational and social welfare programs. (c) Audits.-- (1) In general.--The Secretary shall conduct an annual audit to determine whether each tribal governing body referred to in section 4(a) is managing the trust fund established by the tribal governing body under section 5 in accordance with the requirements of this section. (2) Action by the secretary.-- (A) In general.--If, on the basis of an audit conducted under paragraph (1), the Secretary determines that a covered Indian tribe is not managing the trust fund established by the tribal governing body under section 5 in accordance with the requirements of this section, the Secretary shall require the covered Indian tribe to take remedial action to achieve compliance. (B) Appointment of independent trustee.--If, after a reasonable period of time specified by the Secretary, a covered Indian tribe does not take remedial action under subparagraph (A), the Secretary, in consultation with the tribal governing body of the covered Indian tribe, shall appoint an independent trustee to manage the trust fund established by the tribal governing body under section 5. SEC. 7. EFFECT OF PAYMENTS TO COVERED INDIAN TRIBES ON BENEFITS. (a) In General.--A payment made to a covered Indian tribe or an individual under this Act shall not-- (1) for purposes of determining the eligibility for a Federal service or program of a covered Indian tribe, household, or individual, be treated as income or resources; or (2) otherwise result in the reduction or denial of any service or program to which, pursuant to Federal law (including the Social Security Act (42 U.S.C. 301 et seq.)), the covered Indian tribe, household, or individual would otherwise be entitled. (b) Tax Treatment.--A payment made to a covered Indian tribe or individual under this Act shall not be subject to any Federal or State income tax. SEC. 8. DISTRIBUTION OF FUNDS TO LINEAL DESCENDANTS. Not later than 1 year after the date of enactment of this Act, of the funds described in section 3, the Secretary shall, in the manner prescribed in section 202(c) of Public Law 92-555 (25 U.S.C. 1300d- 4(c)), distribute an amount equal to $1,469,831.50 to the lineal descendants of the Sisseton and Wahpeton Tribes of Sioux Indians.

Mississippi Sioux Tribes Judgement Fund Distribution Act of 1996 - Provides for distribution to, and use of certain funds by, the Sisseton and Wahpeton Tribes of Sioux Indians. (Sec. 4) Directs the Secretary of the Interior, one year after enactment of this Act, to distribute specified amounts to the tribal governing body of the: (1) Devils Lake Sioux Tribe of North Dakota; (2) Sisseton and Wahpeton Sioux Tribe of South Dakota; and (3) Assiniboine and Sioux Tribes of the Fort Peck Reservation in Montana. Designates the Sisseton and Wahpeton Sioux Council of the Assiniboine and Sioux Tribes as the tribal governing body of the Assiniboine and Sioux Tribes of the Fort Peck Reservation. (Sec. 5) Directs each tribal governing body, as a condition for receiving the distributed funds, to establish a tribal trust fund for the benefit of the covered Indian tribe under its jurisdiction. Requires that each tribal governing body shall: (1) serve as the trustee of the trust fund; and (2) administer the trust fund. (Sec. 6) Prohibits funds distributed to a covered Indian tribe from being used to make per capita payments to members of the covered Indian tribe. Allows funds distributed to be used by a tribal governing body only for the purpose of making investments or expenditures that the tribal governing body determines to be related to: (1) economic development that is beneficial to the covered Indian tribe; (2) the development of resources of the covered Indian tribe; or (3) the development of a program that is beneficial to members of the covered Indian tribe, including educational and social welfare programs. Directs the Secretary to conduct an annual audit. (Sec. 7) Sets forth provisions concerning the effect of payments to a covered Indian tribe or an individual on eligibility for, or the reduction or denial of, Federal benefits. Prohibits subjecting a payment made to a covered Indian tribe or individual under this Act to Federal or State income tax. (Sec. 8) Directs the Secretary, not later than one year after enactment, to distribute a specified amount to the lineal descendants of the Sisseton and Wahpeton Tribes of Sioux Indians.

{"src": "billsum_train", "title": "Mississippi Sioux Tribes Judgment Fund Distribution Act of 1996"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Rural Health Care Equity Act of 2010''. SEC. 2. REVISIONS TO THE PRACTICE EXPENSE GEOGRAPHIC ADJUSTMENT UNDER THE MEDICARE PHYSICIAN FEE SCHEDULE. Effective as if included in the enactment of the Patient Protection and Affordable Care Act (Public Law 111-148), subparagraph (H) of section 1848(e)(1) of the Social Security Act (42 U.S.C. 1395w- 4(e)(1)), as added by section 3102(b) of the Patient Protection and Affordable Care Act, is amended to read as follows: ``(H) Practice expense geographic adjustment for 2010 and subsequent years.-- ``(i) For 2010.--Subject to clause (iii), for services furnished during 2010, the employee wage and rent portions of the practice expense geographic index described in subparagraph (A)(i) shall reflect \1/2\ of the difference between the relative costs of employee wages and rents in each of the different fee schedule areas and the national average of such employee wages and rents. ``(ii) For 2011.--Subject to clause (iii), for services furnished during 2011, the employee wage and rent portions of the practice expense geographic index described in subparagraph (A)(i) shall reflect \1/4\ of the difference between the relative costs of employee wages and rents in each of the different fee schedule areas and the national average of such employee wages and rents. ``(iii) Hold harmless.--The practice expense portion of the geographic adjustment factor applied in a fee schedule area for services furnished in 2010 or 2011 shall not, as a result of the application of clause (i) or (ii), be reduced below the practice expense portion of the geographic adjustment factor under subparagraph (A)(i) (as calculated prior to the application of such clause (i) or (ii), respectively) for such area for such year. ``(iv) Analysis.--The Secretary shall analyze current methods of establishing practice expense geographic adjustments under subparagraph (A)(i) and evaluate data that fairly and reliably establishes distinctions in the costs of operating a medical practice in the different fee schedule areas. Such analysis shall include an evaluation of the following: ``(I) The feasibility of using actual data or reliable survey data developed by medical organizations on the costs of operating a medical practice, including office rents and non-physician staff wages, in different fee schedule areas. ``(II) The office expense portion of the practice expense geographic adjustment described in subparagraph (A)(i), including the extent to which types of office expenses are determined in local markets instead of national markets. ``(III) The weights assigned to each of the categories within the practice expense geographic adjustment described in subparagraph (A)(i). In conducting such analysis, the Secretary shall not take into account any data that is not actual or survey data. ``(v) Revision for 2012 and subsequent years.--As a result of the analysis described in clause (iv), the Secretary shall, not later than January 1, 2012, make appropriate adjustments to the practice expense geographic adjustment described in subparagraph (A)(i) to ensure accurate geographic adjustments across fee schedule areas, including-- ``(I) basing the office rents component and its weight on occupancy costs only and making weighting changes in other categories as appropriate; ``(II) ensuring that office expenses that do not vary from region to region be included in the `other' office expense category; and ``(III) considering a representative range of professional and non-professional personnel employed in a medical office based on the use of the American Community Survey data or other reliable data for wage adjustments. Such adjustments shall be made without regard to adjustments made pursuant to clauses (i) and (ii) and shall be made in a budget neutral manner. ``(vi) Special rule.--If the Secretary does not complete the analysis described in clause (iv) and make any adjustments the Secretary determines appropriate for 2012 or a subsequent year under clause (v), the Secretary shall apply clause (ii) for services furnished during 2012 or a subsequent year in the same manner as such clause applied for services furnished during 2011.''. SEC. 3. ELIMINATION OF SWEETHEART DEAL THAT INCREASES MEDICARE REIMBURSEMENT JUST FOR FRONTIER STATES. Effective as if included in the enactment of the Patient Protection and Affordable Care Act (Public Law 111-148), section 10324 of such Act (and the amendments made by such section) is repealed.

Medicare Rural Health Care Equity Act of 2010 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Patient Protection and Affordable Care Act (PPACA), to revise the practice expense portion of the geographic adjustment applied in a fee schedule area for physicians' services furnished in 2010 and subsequent years. Reduces the employee wage and rent portions of the index for 2010 from 3/4 to 1/2 of the difference between the relative costs of employee wages and rents in each of the different fee schedule areas and the national average of such employee wages and rents. Reduces the same portions of the index for 2011 from 1/2 to 1/4 of such differences. Amends PPACA to repeal specified floors for frontier states: (1) on the area wage index for hospitals; (2) on the area wage adjustment factor for hospital outpatient department services; and (3) for the practice expense index for services furnished in such states.

{"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to ensure Medicare beneficiary access to physicians, to ensure equitable reimbursement under the Medicare program for all rural States, and to eliminate sweetheart deals for frontier States."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wrongful Convictions Tax Relief Act of 2007''. SEC. 2. EXCLUSION FOR WRONGFULLY INCARCERATED INDIVIDUALS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139A the following new section: ``SEC. 139B. CERTAIN AMOUNTS RECEIVED BY WRONGFULLY INCARCERATED INDIVIDUALS. ``(a) Exclusion From Gross Income.--Gross income shall not include-- ``(1) in the case of any wrongfully incarcerated individual, any civil damages, restitution, or other monetary award (including compensatory or statutory damages and restitution imposed in a criminal matter) relating to the incarceration of such individual for the covered offense for which such individual was convicted, and ``(2) in the case of a qualified wrongfully incarcerated individual, the first $50,000 ($75,000 in the case of a joint return) of income received by such individual in any taxable year beginning after December 31, 2007. ``(b) Limitation Relating to Income Exclusion.-- ``(1) In general.--The exclusion under subsection (a)(2) shall not apply to any qualified wrongfully incarcerated individual in any taxable year if an exclusion has been allowed for such individual under this section for the number of preceding taxable years equal to the lesser of-- ``(A) 15 years, or ``(B) the number of years during which the qualified wrongfully incarcerated individual served a sentence of imprisonment for the covered offense for which such individual was convicted. ``(2) Rounding.--For purposes of paragraph (1)(B), if the number of years for which a qualified wrongfully incarcerated individual served a sentence of imprisonment is not a multiple of 1, the number of years shall be rounded to the next lowest multiple of 1. ``(c) Wrongfully Incarcerated Individual.--For purposes of this section-- ``(1) In general.--The term `wrongfully incarcerated individual' means an individual-- ``(A) who was convicted of a covered offense, ``(B) who served all or part of a sentence of imprisonment relating to that covered offense, and ``(C)(i) who was pardoned, granted clemency, or granted amnesty for that covered offense because that individual was innocent of that covered offense, or ``(ii)(I) for whom the judgment of conviction for that covered offense was reversed or vacated, and ``(II) for whom the indictment, information, or other accusatory instrument for that covered offense was dismissed or who was found not guilty at a new trial after the judgment of conviction for that covered offense was reversed or vacated. ``(2) Covered offense.--The term `covered offense' means any criminal offense under Federal or State law, and includes any criminal offense arising from the same course of conduct as that criminal offense. ``(d) Qualified Wrongfully Incarcerated Individual.--For purposes of this section, the term `qualified wrongfully incarcerated individual' means a wrongfully incarcerated individual who, except for the covered offense described in subsection (c)(1)(A), has never been convicted of a criminal offense under Federal or State law that is punishable by more than 1 year imprisonment.''. (b) Conforming Amendment.--The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 139A the following new item: ``Sec. 139B. Certain amounts received by wrongfully incarcerated individuals.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning before, on, or after the date of the enactment of this Act. SEC. 3. REFUNDABLE CREDIT FOR EMPLOYMENT TAXES PAID BY WRONGFULLY INCARCERATED INDIVIDUALS. (a) Allowance of Refundable Credit.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. EMPLOYMENT TAXES OF WRONGFULLY INCARCERATED INDIVIDUALS. ``(a) In General.--In the case of a qualified wrongfully incarcerated individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the sum of-- ``(1) 50 percent of the taxes imposed on the self- employment income of such individual under subsections (a) and (b) of section 1401 during the taxable year, plus ``(2) the taxes imposed on the wages received by such individual with respect to employment under subsections (a) and (b) of section 3101 during the taxable year. ``(b) Limitations.-- ``(1) Dollar limitation.--The total amount of wages and self-employment income taken into account under subsection (a) with respect to any individual shall not exceed $50,000. ``(2) Taxable year limitation.-- ``(A) In general.--The credit under subsection (a) shall not be allowed with respect to any qualified wrongfully incarcerated individual in any taxable year if a credit has been allowed to such individual under this section for the number of preceding taxable years equal to the lesser of-- ``(i) 15 years, or ``(ii) the number of years during which the qualified wrongfully incarcerated individual served a sentence of imprisonment for the covered offense for which such individual was convicted. ``(B) Rounding.--For purposes of subparagraph (A)(ii), if the number of years for which a qualified wrongfully incarcerated individual served a sentence of imprisonment is not a multiple of 1, the number of years shall be rounded to the next lowest multiple of 1. ``(c) Qualified Wrongfully Incarcerated Individual.--For purposes of this section, the term `qualified wrongfully incarcerated individual' has the meaning given to such term under section 139B(d).''. (b) Conforming Amendments.-- (1) Section 1324(b)(2) of title 31, United States Code, is amended by inserting before the period at the end ``, or enacted by the Wrongful Convictions Tax Relief Act of 2007''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 36 and inserting the following: ``Sec. 36. Employment taxes of wrongfully incarcerated individuals. ``Sec. 37. Overpayments of tax.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 4. REPORTING WITH RESPECT TO WRONGFULLY INCARCERATED INDIVIDUALS. (a) Federal Courts.-- (1) In general.--The Director of the Administrative Office of United States Courts shall report annually to the Secretary of the Treasury such information with respect to individuals described in paragraph (2) as the Secretary of the Treasury, in consultation with the Administrator, determines is necessary for the administration of sections 36 and 139B of the Internal Revenue Code of 1986. (2) Individuals described.--An individual is described in this paragraph if such individual is a wrongfully incarcerated individual (as defined under section 139B of the Internal Revenue Code of 1986)-- (A) for whom the judgment of conviction for that covered offense was reversed or vacated; and (B) for whom the indictment, information, or other accusatory instrument for that covered offense was dismissed or who was found not guilty at a new trial after the judgment of conviction for that covered offense was reversed or vacated. (b) Agreements With States.--The Secretary of the Treasury shall enter into agreements with States under which a State will report to the Secretary not less frequently than annually such information with respect to wrongfully incarcerated individuals (as defined under section 139B of the Internal Revenue Code of 1986) as the Secretary determines is necessary for the administration of sections 36 and 139B of the Internal Revenue Code of 1986.

Wrongful Convictions Tax Relief Act of 2007 - Amends the Internal Revenue Code to allow wrongfully incarcerated individuals: (1) an exclusion from gross income for compensation received relating to their incarceration and for the first $50,000 of annual income received by such an individual after release from incarceration; and (2) a refundable tax credit for 50% of payroll taxes on employment and self-employment income, up to $50,000 of such income. Limits the duration of such tax benefits to the lesser of 15 years or the number of years such an individual was incarcerated. Defines "wrongfully incarcerated individual" as an individual who was convicted of a criminal offense and was then pardoned or found not guilty of such offense because of innocence after serving all or a portion of a prison term. Disqualifies individuals with prior convictions punishable by more than one year of imprisonment. Requires: (1) the Director of the Administrative Office of the U.S. Courts to report annually to the Secretary of the Treasury on individuals who are wrongfully incarcerated and whose criminal convictions are reversed or vacated; and (2) states to report annually to the Secretary on wrongfully incarcerated individuals.

{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide tax benefits to individuals who have been wrongfully incarcerated."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Stamp Flexibility Act of 1995''. SEC. 2. FOOD STAMP BLOCK GRANT PROGRAM. The Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) is amended to read as follows: ``definition ``Section 1. This Act may be cited as the `Food Stamp Act'. ``definition ``Sec. 2. In this Act, the term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands of the United States, and the reservations of an Indian tribe whose tribal organization meets the requirements of this Act for participation as a State agency. ``purpose; implementation ``Sec. 3. (a) Purpose.--The purpose of this Act is to strengthen individuals by helping them move from dependence on government benefits to economic independence by consolidating Federal assistance to the States for food assistance to the needy into a single grant for such purpose, thereby giving States maximum flexibility to-- ``(1) require beneficiaries who are parents to ensure that their school-age children attend school; ``(2) require minors who are beneficiaries to attend school; ``(3) require parent beneficiaries to ensure that their children receive the full complement of childhood immunizations; ``(4) limit the amount of time beneficiaries may receive assistance; ``(5) require beneficiaries not to use illegal drugs or abuse other drugs; ``(6) deny assistance to illegal aliens; ``(7) require individuals who sponsor the residency of legal aliens to support those they sponsor; and ``(8) involve religious and charitable organizations, voluntary associations, civic groups, community organizations, nonprofit entities, benevolent and fraternal orders, philanthropic entities, and other groups in the private sector, as appropriate, in the provision of services and assistance to needy individuals with the funding States receive under this Act. ``(b) Implementation.--This purpose shall be implemented in accordance with conditions in each State and as determined by State law. ``payment to states ``Sec. 4. (a) State Mandates for Work by Beneficiaries.-- ``(1) Requirements for work.--As a condition of receiving a payment of funds under this Act, a State shall require each adult member of any family receiving assistance from a State under this Act to work, as defined by State law. Any individual who fails or refuses to work, and any member of such individual's family residing with such individual, shall not be eligible for assistance from funds provided to the State under this Act. ``(2) Exception.--Paragraph (1) shall not apply in the case of an individual who is over sixty-two years of age. ``(b) Amount.-- ``(1) In general.--Each State shall, subject to the requirements of this Act, be entitled to receive quarter payments for fiscal years 1996, 1997, 1998, 1999, and 2000 in an amount equal to 25 percent of the annual amount determined under paragraph (2) for such fiscal year for carrying out the purpose described in section 3. ``(2) Annual amount.--The annual amount determined under this paragraph is equal to-- ``(A) in fiscal year 1996, 100 percent of the amount received by a State in fiscal year 1994, or 100 percent of the average of amounts received by the State in fiscal years 1992, 1993, and 1994, whichever is greater, under this Act; and ``(B) in each fiscal year thereafter, 100 percent of the amount received by a State in the preceding fiscal year under this Act (as in effect in such preceding fiscal year), ``(c) Funding Requirements.--The Secretary of the Treasury shall make quarterly payments described in subsection (b)(1) directly to each State in accordance with section 6503 of title 31, United States Code. ``(d) Expenditure of Funds; Rainy Day Fund.--Amounts received by a State under this Act for any fiscal year shall be expended by the State in such fiscal year or in the succeeding fiscal year, except for such amounts as the State deems necessary to set aside in a separate account to provide, without fiscal limitation, for unexpected levels of assistance during periods of high unemployment or other events which cause an unexpected increase in the need for food assistance to needy individuals. Any amounts remaining in such segregated accounts after fiscal year 2000 shall be expended by a State for the purpose described in section 3 of this Act as in effect in fiscal year 2000. ``(e) Prohibition on Use of Funds.--Except as provided in subsection (f), a State to which a payment is made under this section may not use any part of such payment to provide medical services. ``(f) Authority To Use Portion of Grant for Other Purposes.-- ``(1) In general.--A State may use not more than 30 percent of the annual amount paid to the State under this Act for a fiscal year to carry out a State program pursuant to any or all of the following provisions of law: ``(A) Part A of title IV of the Social Security Act. ``(B) Title XVI of such Act. ``(C) Title XIX of such Act. ``(2) Applicable rules.--Any amount paid to the State under this Act that is used to carry out a State program pursuant to a provision of law specified in paragraph (1) shall not be subject to the requirements of this Act, but shall be subject to the requirements that apply to Federal funds provided directly under the provision of law to carry out the program. ``administrative and fiscal accountability ``Sec. 5. (a) Audits; Reimbursement.-- ``(1) Audits.-- ``(A) In general.--A State shall, not less than annually, audit the State expenditures from amounts received under this Act. Such audit shall-- ``(i) determine the extent to which such expenditures were or were not expended in accordance with this Act; and ``(ii) be conducted by an approved entity (as defined in subparagraph (B)) in accordance with generally accepted auditing principles. ``(B) Approved entity.--For purposes of subparagraphs (A), the term `approved entity' means an entity that is-- ``(i) approved by the Secretary of the Treasury. ``(ii) approved by the chief executive officer of the State; and ``(iii) independent of any agency administering activities funded under this Act. ``(2) Reimbursement.-- ``(A) In general.--Not later than 30 days following the completion of an audit under this subsection, a State shall submit a copy of the audit to the State legislature and to the Secretary of the Treasury. ``(B) Repayment.--Each State shall pay to the United States amounts ultimately found by the approved entity under paragraph (1)(A) not to have been expended in accordance with this Act plus 10 percent of such amount as a penalty, or the Secretary of the Treasury may offset such amounts plus the 10 percent penalty against any other amount in any other year that the State may be entitled to receive under this Act. ``(b) Additional Accounting Requirement.--The provisions of chapter 75 of title 31, United States Code, shall apply to the audit requirements of this section. ``(c) Reporting Requirements; Form, Contents.-- ``(1) Annual reports.--A State shall prepare comprehensive annual reports on the activities carried out with amounts received by the State under this Act. ``(2) Content.--Reports prepared under this section-- ``(A) shall be for the most recently completed fiscal year; ``(B) shall be in accordance with generally accepted accounting principles, including the provisions of chapter 75 of title 31, United States Code; ``(C) shall include the results of the most recent audit conducted in accordance with the requirements of subsection (a) of this section; and ``(D) shall be in such form and contain such other information as the State deems necessary-- ``(i) to provide an accurate description of such activities; and ``(ii) to secure a complete record of the purposes for which amounts were expended in accordance with this Act. ``(3) Copies.--A State shall make copies of the reports required under this section available for public inspection within the State. Copies also shall be provided upon request to any interested public agency, and each such agency may provide its views on such reports to the Congress. ``(d) Administrative Supervision.-- ``(1) Role of the secretary of the treasury.-- ``(A) In general.--The Secretary of the Treasury shall supervise the amounts received under this Act in accordance with subparagraph (B). ``(B) Limited supervision.--The supervision by the Secretary of the Treasury shall be limited to-- ``(i) making quarterly payments to the States in accordance with section 4(c); ``(ii) approving the entities referred to in subsection (a)(1)(B); and ``(iii) withholding payment to a State based on the findings of such an entity in accordance with subsection (a)(2)(B). ``(2) Other federal supervision.--No administrative officer or agency of the United States, other than the Secretary of the Treasury and, as provided for in section 6, the Attorney General, shall supervise the amounts received by the States under this Act or the use of such amounts by the States. ``(e) Limited Federal Oversight.--With the exception of the Department of the Treasury as provided for in this section and section 6 of this Act, no Federal department or agency may promulgate regulations or issue rules regarding the purpose of this Act. ``nondiscrimination provisions ``Sec. 6. (a) No Discrimination Against Individuals.--No individual shall be excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity funded in whole or in part with amounts received under this Act on the basis of such individual's-- ``(1) disability under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); ``(2) sex under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); or ``(3) race, color, or national origin under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). ``(b) Compliance.--If the Secretary of the Treasury determines that a State, or an entity that has received funds from amounts received by the State under this Act, has failed to comply with a provision of law referred to in subsection (a), except as provided for in section 7 of this Act, the Secretary of the Treasury shall notify the chief executive officer of the State and shall request the officer to secure compliance with such provision of law. If, not later than 60 days after receiving such notification, the chief executive officer fails or refuses to secure compliance, the Secretary of the Treasury may-- ``(1) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; ``(2) exercise the powers and functions provided under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); or section 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794a), (as applicable); or ``(3) take such other action as may be provided by law. ``(c) Authority of Attorney General; Civil Actions.--When a matter is referred to the Attorney General pursuant to subsection (b)(1), or if the Attorney General has reason to believe that an entity is engaged in a pattern or practice in violation of a provision of law referred to in subsection (a), the Attorney General may bring a civil action in an appropriate district court of the United States for such relief as may be appropriate, including injunctive relief. ``nondiscrimination and institutional safeguards for religious providers ``Sec. 7. (a) Purpose.--The purpose of this section is to allow the participation of religious and charitable organizations as providers of assistance funded under this Act, on the same basis as any other provider, without impairing or diminishing the religious character or freedom of such organizations. ``(b) Nondiscrimination.--Religious organizations are eligible as providers of food assistance to needy individuals as provided for under this Act. Neither the Federal Government nor a State receiving funds under this Act shall discriminate against an organization which is or applies to be a provider of assistance on the basis that the organization has a religious mission or purpose. ``(c) Religious Character and Freedom.-- ``(1) In general.--Notwithstanding any other provision of law, any religious organization participating as a provider of assistance funded under this Act shall retain its independence from Federal, State, and local governments, including such organization's control over the definition, development, practice, and expression of its religious beliefs. Such an organization may select, employ, promote, discipline, and dismiss its clerics and other ecclesiastics, directors, officers, employees, and volunteers on the basis of religion, a religious belief, or a religious practice. However, a religious organization shall not deny needy individuals the benefits of any assistance funded under this Act on the basis of religion, a religious belief, or refusal to participate in a religious practice. ``(2) Additional safeguards.--Neither the Federal Government nor a State shall require a religious provider of assistance to-- ``(A) alter its form of internal governance, or form a separate, nonprofit corporation to receive and administer the assistance funded under this Act; or ``(B) alter real estate or facilities used to provide such assistance, including but not limited to the removal of religious art, icons, scripture, or other symbols; in order to be eligible to be a provider of food assistance funded under this Act. ``(3) Fiscal accountability.-- ``(A) In general.--Except as provided in subparagraph (B), any religious organization providing assistance funded under this Act, shall be subject to the same regulations as other providers to account in accord with generally accepted auditing principles for the use of such funds provided under this Act. ``(B) Limited audit.--Religious organizations may segregate Federal funds provided under this Act into separate accounts, and then only the financial assistance provided with those funds shall be subject to audit. ``(d) Compliance.--A religious organization which has its rights under this section violated may enforce its claim by asserting a civil action for such relief as may be appropriate, including injunctive relief or damages, in an appropriate district court of the United States against the entity or agency that commits such violation. ``(e) Rights of Beneficiaries of Assistance.-- ``(1) In general.--If a beneficiary has a bona fide objection to the religious character of the organization or institution from which the beneficiary is receiving assistance funded under this Act, each State shall provide such beneficiary a certificate, redeemable with any other provider of assistance funded under this Act, for services the value of which is no less than the value of the funding received by the religious provider from a State to provide assistance funded under this Act for such individual. ``(2) Prohibition on providing cash in exchange for certificates.--No provider of assistance funded under this Act shall provide a beneficiary a cash amount in exchange for a certificate provided for under paragraph (1). SEC. 3. CONFORMING AMENDMENTS TO THE BUDGET ACT. Section 255(h) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(h)) is amended by striking ``Food stamp programs (12-3505-0-1-605 and 12-3550-0-1-605);'' and inserting ``Food Stamp Act;''. SEC. 4. EFFECTIVE DATE. The amendment made by this Act shall take effect on October 1, 1995.

Food Stamp Flexibility Act of 1995 - Amends the Food Stamp Act of 1977 to restructure the existing food stamp program as a block grant program with a State mandate for work by beneficiaries.

{"src": "billsum_train", "title": "Food Stamp Flexibility Act of 1995"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mobilized Reserve Family Health Care Act of 2003''. SEC. 2. REDUCED HEALTH INSURANCE COSTS FOR FAMILY COVERAGE OF MILITARY RESERVISTS CALLED TO ACTIVE DUTY. (a) Refundable Credit for Costs Up to TRICARE Costs.-- (1) In general.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 35 the following new section: ``SEC. 35A. CERTAIN FAMILY COVERAGE HEALTH INSURANCE COSTS OF MILITARY RESERVISTS CALLED TO ACTIVE DUTY. ``(a) In General.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle an amount equal to the amount paid during the taxable year by the taxpayer for insurance which constitutes medical care for the taxpayer and the taxpayer's spouse and dependents. ``(b) Limitations.-- ``(1) Credit limited to tricare costs.--The credit allowed by subsection (a) for any period shall not exceed an amount equal to the premium-equivalent of the family coverage cost of coverage under TRICARE for such period. ``(2) Limitation to coverage during active duty period.-- The credit allowed by subsection (a) shall apply only to amounts paid for coverage during the period referred to in subsection (c)(2). ``(3) Self-only coverage for reservist not included.--The credit allowed by subsection (a) shall not apply to self-only coverage for the eligible individual. ``(c) Eligible Individual.--For purposes of this section, the term `eligible individual' means any individual-- ``(1) who, as a member of the National Guard or a reserve component of an Armed Force of the United States, has been called or ordered to active duty for a period in excess of 30 days or for an indefinite period, and ``(2) who elects that such individual and all other individuals who would (but for the election) be covered by TRICARE will not be so covered during the period beginning on the date of such call or order and ending on the last day of such active duty. ``(d) Denial of Double Benefit.--Amounts allowed as a credit under this section shall not be taken into account in determining the amount of any deduction or other credit under this chapter.'' (2) Conforming amendments.-- (A) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``, or from section 35A of such Code''. (B) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 35 the following new item: ``Sec. 35A. Certain family coverage health insurance costs of military reservists called to active duty.''. (b) Deduction for Costs in Excess of TRICARE Costs.-- (1) In general.--Part VII of subchapter B of chapter 1 of such Code (relating to additional itemized deductions for individuals) is amended by redesignating section 223 as section 224 and by inserting after section 222 the following new section: ``SEC. 223. CERTAIN FAMILY COVERAGE HEALTH INSURANCE COSTS OF MILITARY RESERVISTS CALLED TO ACTIVE DUTY. ``(a) Allowance of Deduction.--In the case of an eligible individual (as defined in section 35A(c)), there shall be allowed as a deduction an amount equal to the amount paid during the taxable year by the taxpayer for insurance which constitutes medical care for the taxpayer and the taxpayer's spouse and dependents. ``(b) Limitation to Coverage During Active Duty Period.--The deduction under this section shall apply only to amounts paid for coverage during the period referred to in section 35A(c)(2). ``(c) Special Rules.-- ``(1) Self-only coverage for reservist not included.--The deduction under this section shall not apply to self-only coverage for the eligible individual. ``(2) Other rules to apply.--Rules similar to the rules of paragraphs (3), (4), and (5) of section 162(l) shall apply for purposes of this section.'' (2) Deduction allowed whether or not individual itemizes other deductions.--Subsection (a) of section 62 of such Code is amended by inserting after paragraph (18) the following new paragraph: ``(19) Certain family coverage health insurance costs of military reservists called to active duty.--The deduction allowed by section 223.'' (3) Clerical amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 223. Certain family coverage health insurance costs of military reservists called to active duty. ``Sec. 224. Cross reference.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002.

Mobilized Reserve Family Health Care Act of 2003 - Amends the Internal Revenue Code to allow a tax credit to cover the cost of insurance coverage under TRICARE for a member (and family) of the National Guard or a reserve component of a U.S. Armed Force who has been called or ordered to active duty for a period in excess of 30 days, or for an indefinite period, during such period of duty. Permits a deduction (for both itemizers and nonitemizers), applicable to such period of duty, for insurance costs in addition to the TRICARE costs.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to reduce the health insurance costs for family coverage of military reservists called to active duty."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Efficient Manufactured Home Act of 2015''. SEC. 2. ASSISTANCE FOR REPLACEMENT OF DATED MANUFACTURED HOMES WITH ENERGY-EFFICIENT MANUFACTURED AND MODULAR HOMES. (a) Authority.--The Secretary of Housing and Urban Development may carry out a program under this section to provide grants to assist low- income, very low-income, and extremely low-income owners of dated manufactured homes for the replacement of such dated manufactured homes with Energy Star-qualified manufactured or modular homes. (b) Grants.-- (1) Eligible entities.--The Secretary may provide grants under this section only to-- (A) State housing finance agencies; (B) units of general local government; and (C) qualified nonprofit organizations. (2) Competition; priority.--The Secretary shall provide grants under this section through competition that provides priority to applicants for such grants that, in accordance with criteria established by the Secretary-- (A) demonstrate that providing a grant to the applicant would result in substantial energy gains and returns on investment on replacement of dated manufactured homes; (B) will use grants in areas having the infrastructure or planned infrastructure necessary to replace dated manufactured homes; (C) will act in partnership with providers of high quality affordable lending products that enable sustainable homeownership; or (D) will supplement assistance provided to eligible owners of dated manufactured homes pursuant to a grant under this section with funds from other sources, and provide such assurances as the Secretary considers necessary to ensure that such supplemental amounts are available for such purpose. (3) Use of funds.--A grantee shall use amounts from a grant provided under this section only to provide assistance to owners of dated manufactured homes in accordance with subsection (c). (4) Failure by grantees to act.--If a grantee fails to use any portion of grant provided under this section during the 36- month period beginning on the date of receipt of the grant amounts-- (A) the unused amount of the grant shall revert to the Secretary; and (B) the Secretary shall make such amounts available under the competition required under paragraph (2). (c) Assistance.--Assistance under this subsection shall be assistance designed to enable the owner of a dated manufactured home to afford to replace or decommission such manufactured home, subject to the following conditions: (1) Form of assistance.--A grantee may provide assistance under this subsection to the owner of a dated manufactured home only in the following forms: (A) A grant or loan for use toward the purchase of a new Energy Star-qualified manufactured or modular home. The Secretary shall establish such requirements for loans made with assistance provided under this subsection, and servicers of such loans, as necessary to ensure that such loans are high quality affordable lending products that enable sustainable homeownership. (B) A grant for the decommissioning, and any related costs, of a dated manufactured home. (2) Income and primary residence requirements.--A grant or loan under this subsection may be made only to the owner of a dated manufactured home who-- (A) is a low-, very low-, or extremely low-income family; and (B) has used such manufactured home as a primary residence on a year-round basis for at least the preceding 24 months. (3) Destruction and replacement of dated manufactured home.-- (A) In general.--A grant or loan under paragraph (1)(A) may be made only if the applicable dated manufactured home will be-- (i) destroyed (including appropriate recycling); and (ii) if replaced with a manufactured or modular home, is replaced in an appropriate area (as determined by the applicable State agency) with an Energy Star-qualified manufactured or modular home. (B) Third-party verification requirements.--The Secretary shall establish such third-party verification requirements as are necessary to ensure that the requirements of subparagraph (A) are met. Such requirements shall provide that compliance with the requirement under subparagraph (A)(i) to destroy a dated manufactured home may be evidenced by means of a photograph of the destroyed manufactured home or of the lot where the manufactured home was located showing that the lot is vacant or the replacement home. (4) Prohibition on previous assistance.--A grant or loan under paragraph (1)(A) may not be provided to any owner of a dated manufactured home that was or is a member of a household for which any member of the household has previously been provided a grant or loan pursuant to this subsection. (5) Control of home site.--As a condition of receipt of a grant or loan under paragraph (1)(A) for the purchase of a new manufactured or modular home, the land on which new manufactured or modular home is to be sited shall be-- (A) owned by-- (i) the owner of the dated manufactured home to whom the grant or loan is provided; or (ii) a limited equity cooperative, a nonprofit organization, a unit of local government or agency thereof, or a public housing agency; or (B) leased by the owner of the dated manufactured home to whom the grant or loan is provided under a land-lease agreement having a duration not shorter than 10 years, which may include a lease from a community land trust or nonprofit housing corporation or a proprietary lease (perpetual or renewable as a matter of right) by a cooperative or homeowner association that is owned or controlled by the homeowners. (6) Requirements for decommissioning grants.--A grant under paragraph (1)(B) for the decommissioning of a dated manufactured home may be made only if-- (A) the dated manufactured home for which the grant is made will be destroyed (including appropriate recycling); (B) proof of, or adequate assurances for, decommissioning of the dated manufactured home is provided before the grant funds are paid, and the Secretary shall provide that such proof may include a photograph of the destroyed decommissioned home or of the lot where the decommissioned home was located showing that the lot is vacant or the replacement home; (C) the owner agrees to repay the full amount of the grant if the home is not decommissioned within 90 days of receipt of the grant funds; and (D) no member of the household of the owner of the dated manufactured home for which the grant is provided has previously been provided a grant or loan pursuant to this section. (d) Administration.-- (1) Controls and procedures.--Each grantee that receives a grant under this section shall establish such fiscal controls and accounting procedures as are sufficient, as determined by the Secretary, to ensure proper accounting for disbursements made from the funds and fund balances. Such controls and procedures shall conform to generally accepted Federal accounting principles, as determined by the Secretary. (2) Coordination with state agencies.--A grantee of a grant under this section may coordinate efforts and share funds for administration with State and local agencies and nonprofit organizations involved in low-income housing programs. (3) Administrative expenses.--A grantee may use not more than 10 percent of the funds provided under a grant under this section for administrative expenses involved in the grantee's program for making grants and loans under subsection (c). (e) Reporting.-- (1) Secretary.--Upon the conclusion of the second fiscal year for which grants under the program under this section are made and the conclusion of each of the next successive four fiscal years, the Secretary shall submit a report to the Congress describing the impact of the program, which shall include information regarding-- (A) the number of dated manufactured homes decommissioned; (B) the number of new manufactured and modular homes purchased; (C) the incomes of families assisted; (D) the number of assisted families, disaggregated by State and ZIP Code; and (E) the number of new Energy Star-qualified manufactured and modular homes that were sited on land held under each type of tenure described in subsection (c)(5). (2) Grantees.--The Secretary shall require grantees receiving grants under this section to submit such reports as may be necessary for the Secretary to ensure compliance with this Act and enable the Secretary to comply with the requirement under paragraph (1). (f) Definitions.--For purposes of this section, the following definitions shall apply: (1) Dated manufactured home.--The term ``dated manufactured home'' means a manufactured home constructed before December 31, 1994. In establishing requirements regarding demonstrating the date of construction of homes, the Secretary shall take into consideration the difficulty of producing evidence of the date of construction of homes manufactured before 1976. (2) Energy star-qualified.--The term ``Energy Star- qualified'' means, with respect to a manufactured or modular home, that the home has been designed, produced, and installed by an Energy Star-certified entity in accordance with Energy Star guidelines issued by the Secretary of Energy for manufactured or modular homes, as applicable. (3) Low-income family; very low-income family; extremely low-income family.-- (A) Low-income family.--The term ``low-income family'' means a family having an income that is not greater than 80 percent of area median income, with adjustments for smaller and larger families, as determined by the Secretary, except that such term includes any family that resides in a rural area that has an income that does not exceed the poverty line (as such term is defined in section 673(2) of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9902(2)), including any revision required by such section) applicable to a family of the size involved. (B) Very low-income family.--The term ``very low- income family'' means a family having an income that is not greater than 50 percent of area median income, with adjustments for smaller and larger families, as determined by the Secretary. (C) Extremely low-income family.--The term ``extremely low-income family'' means a family having an income that is not greater than 30 percent of area median income, with adjustments for smaller and larger families, as determined by the Secretary. (4) Manufactured home.--The term ``manufactured home''' has the meaning given such term in section 603 of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5402) and such term includes any structure that meets such definition without regard to when it was constructed or manufactured. Such term includes single- and multi-section manufactured homes. (5) Modular home.--The term ``modular home'' means a home that is constructed in a factory in one or more modules-- (A) each of which meet applicable State and local building codes of the area in which the home will be located; and (B) that are transported to the home building site, installed on foundations, and completed. (6) Qualified nonprofit organization.--The term ``qualified nonprofit organization'' means any private, nonprofit organization (including a State or locally chartered nonprofit organization) that-- (A) is organized under State or local laws; (B) has no part of its net earning inuring to the benefit of any member, founder, contributor or individual; (C) complies with standards of financial accountability acceptable to the Secretary; and (D) has among its purposes significant activities related to the provision of decent housing that is affordable to low-income families. (7) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (8) State.--The term ``State'' means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States. (9) Unit of general local government.--The term ``unit of general local government'' means a city, county, town, township, parish, village, or other general purpose subdivision of a State, or a consortium of such political subdivisions. (g) Regulations.--The Secretary may issue any regulations necessary to carry out the program under this section. (h) Authorization of Appropriations.--For grants under this section, there is authorized to be appropriated $50,000,000 for each of fiscal years 2016 through 2025.

Energy Efficient Manufactured Home Act of 2015 This bill authorizes the Department of Housing and Urban Development to carry out a program to provide grants and loans to assist low-income owners of manufactured homes constructed before December 31, 1994, in decommissioning their dated homes and replacing them with Energy Star-qualified manufactured or modular homes. Grants or loans may be made only to a low-income owner of a dated manufactured home who has used that home as a primary residence on a year-round basis for at least the preceding 24 months. Each household may only receive one grant or loan under the program. The bill sets forth requirements with respect to: (1) ownership of the land on which the new manufactured or modular home is to be sited, and (2) the decommissioning of a dated home.

{"src": "billsum_train", "title": "Energy Efficient Manufactured Home Act of 2015"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Virginia Jobs and Energy Act''. SEC. 2. LEASE SALE 220 AND OTHER OCS OIL AND GAS LEASE SALES OFFSHORE VIRGINIA. (a) Conduct of Lease Sale.--Notwithstanding any 5-year oil and gas leasing program in effect under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344), the Secretary of the Interior shall conduct lease sale 220 (as defined in the Draft Proposed Outer Continental Shelf (OCS) Oil and Gas Leasing Program for 2010-2015 as published in the Federal Register on January 21, 2009 (74 Fed. Reg. 3631)) under section 8 of such Act (43 U.S.C. 1337) as soon as practicable, but not later than 1 year after the date of enactment of this Act. (b) Inclusion in Future Leasing Programs.--The Secretary of the Interior shall-- (1) conduct at least 2 lease sales in the Virginia lease sale planning area during the effective period of the 2017-2022 OCS Oil and Gas Leasing Program; and (2) include at least 2 lease sales in the Virginia lease sale planning area in each 5-year oil and gas leasing program proposed after the date of the enactment of this Act. (c) NEPA Exclusion.--Section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall not apply with respect to any lease sale conducted under subsection (a) or subsection (b)(1). SEC. 3. PROTECTION OF MILITARY OPERATIONS. (a) Prohibition.--No person may engage in any exploration, development, or production of oil or natural gas off the coast of Virginia that would conflict with any military operation, as determined in accordance with the Memorandum of Agreement between the Department of Defense and the Department of the Interior on Mutual Concerns on the Outer Continental Shelf signed July 20, 1983, and any revision or replacement for that agreement that is agreed to by the Secretary of Defense and the Secretary of the Interior after that date but before the date of issuance of the lease under which such exploration, development, or production is conducted. (b) Review and Updating of MOA.--The Secretary of the Interior and the Secretary of Defense shall periodically review and revise such memorandum of agreement to account for new offshore energy production technologies, including those that use wind energy. SEC. 4. DISPOSITION OF REVENUE. (a) Payment of Covered Leasing Revenues to States.--Notwithstanding section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338), of the amount of covered leasing revenues received by the United States each fiscal year under any lease in the Virginia lease sale planning area, 37.5 percent shall be allocated and paid in accordance with subsection (b) to States that are affected States with respect to the leases under which those revenues are received by the United States. (b) Allocation of Payments.-- (1) In general.--The amount of covered leasing revenues received by the United States with respect to a leased tract that are required to be paid to States in accordance with this subsection each fiscal year shall be allocated among and paid to affected States that are within 200 miles of the leased tract, in amounts that are inversely proportional to the respective distances between the point on the coastline of each such affected State that is closest to the geographic center of the lease tract, as determined by the Secretary. (2) Minimum and maximum allocation.--The amount allocated to a State under paragraph (1) each fiscal year with respect to a leased tract shall be-- (A) in the case of a State that is the nearest State to the geographic center of the leased tract, not less than 25 percent of the total amounts allocated with respect to the leased tract; and (B) in the case of any other State, not less than 10 percent, and not more than 15 percent, of the total amounts allocated with respect to the leased tract. (3) Administration.--Amounts allocated to a State under this subsection-- (A) shall be available to the State without further appropriation; (B) shall remain available until expended; and (C) shall be in addition to any other amounts available to the State under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.). (4) Use of funds.-- (A) In general.--Except as provided in subparagraph (B), a State may use funds allocated and paid to it under this subsection for any purpose as determined by the laws of that State. (B) Restriction on use for matching.--Funds allocated and paid to a State under this subsection may not be used as matching funds for any other Federal program. (c) Definitions.--In this section: (1) Affected state.--The term ``affected State'' has the meaning that term has under section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331). (2) Covered leasing revenues.--The term ``covered leasing revenues'' means amounts received by the United States as bonuses, rents, and royalties under leases for oil and gas, wind, tidal, or other energy exploration, development, and production under any lease in the Virginia lease sale planning area. SEC. 5. OFFSHORE METEOROLOGICAL SITE TESTING AND MONITORING PROJECTS. (a) Offshore Meteorological Project Permitting.-- (1) In general.--The Secretary of the Interior shall by regulation require that any applicant seeking to conduct an offshore meteorological site testing and monitoring project on the outer Continental Shelf (as that term is defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)) must obtain a permit and right of way for the project in accordance with this subsection. (2) Permit and right-of-way timeline and conditions.-- (A) Deadline for approval.--The Secretary shall decide whether to issue a permit and right of way for an offshore meteorological site testing and monitoring project within 30 days after receiving an application. (B) Public comment and consultation.--During the period referred to in subparagraph (A), the Secretary shall-- (i) provide an opportunity for submission of comments by the public; and (ii) consult with the Secretary of Defense, the Commandant of the Coast Guard, and the heads of other Federal, State, and local agencies that would be affected by issuance of the permit and right of way. (C) Denial of permit; opportunity to remedy deficiencies.--If the application is denied, the Secretary shall provide the applicant-- (i) in writing, clear and comprehensive reasons why the application was not approved and detailed information concerning any deficiencies in the application; and (ii) an opportunity to remedy such deficiencies. (b) NEPA Exclusion.--Section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall not apply with respect to an offshore meteorological site testing and monitoring project. (c) Protection of Information.--The information provided to the Secretary of the Interior pursuant to subsection (d)(3) shall be treated by the Secretary as proprietary information and protected against disclosure. (d) Definition of an Offshore Meteorological Site Testing and Monitoring Project.--In this section, the term ``offshore meteorological site testing and monitoring project'' means a project carried out on or in the waters of the Outer Continental Shelf administered by the Department of the Interior to test or monitor weather (including wind, tidal, current, and solar energy) using towers, buoys, or other temporary ocean infrastructure, that-- (1) causes-- (A) less than 1 acre of surface or seafloor disruption at the location of each meteorological tower or other device; and (B) not more than 5 acres of surface or seafloor disruption within the proposed area affected by the project (including hazards to navigation); (2) is decommissioned not more than 5 years after the date of commencement of the project, including-- (A) removal of towers, buoys, or other temporary ocean infrastructure from the project site; and (B) restoration of the project site to approximately the original condition of the site; and (3) provides meteorological information obtained by the project to the Secretary of the Interior. SEC. 6. DEFINITION OF VIRGINIA LEASE SALE PLANNING AREA. In this Act, the term ``Virginia lease sale planning area'' means the area of the outer Continental Shelf (as that term is defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)) that has-- (1) a boundary consisting of a straight line extending from the northernmost point of Virginia's seaward boundary to the point on the seaward boundary of the United States exclusive economic zone located at 37 degrees 17 minutes 1 second North latitude, 71 degrees 5 minutes 16 seconds West longitude; and (2) a southern boundary consisting of a straight line extending from the southernmost point of Virginia's seaward boundary to the point on the seaward boundary of the United States exclusive economic zone located at 36 degrees 31 minutes 58 seconds North latitude, 71 degrees 30 minutes 1 second West longitude. SEC. 7. CLARIFICATIONS WITH RESPECT TO EXISTING EXECUTIVE AUTHORITIES. Subsection (a) of section 12 of the Outer Continental Shelf Lands Act (43 U.S.C. 1341) is amended to read as follows: ``(a) Executive Authorities With Respect to Unleased Lands.--The President may make, modify, extend, or revoke withdrawals from disposition of any of the unleased lands of the outer Continental Shelf.''.

Virginia Jobs and Energy Act This bill directs the Department of the Interior to conduct an oil and gas lease sale off the coast of Virginia within one year, and conduct at least two lease sales in the area during the 2017-2022 Outer Continental Shelf Oil and Gas Leasing Program. During each of Interior's five-year leasing programs, two lease sales must be conducted off the coast of Virginia. The bill prohibits oil or natural gas exploration, development, or production off the Virginia coast that would conflict with a military operation. The bill allocates 37.5% of new leasing revenues received each fiscal year by the federal government for payment to states affected with respect to the leases that generate these revenues.Additionally, the bill sets forth the minimum and maximum revenues that an affected state may receive. Interior must require any applicant seeking to conduct an offshore meteorological site testing and monitoring project to obtain a permit and right-of-way.(An offshore meteorological site testing and monitoring project is carried out on or in the waters of the outer Continental Shelf to test or monitor weather using towers, buoys, or other temporary ocean infrastructure).These projects shall be exempt from environmental impact statement requirements under the National Environmental Policy Act of 1969.

{"src": "billsum_train", "title": "Virginia Jobs and Energy Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Victims on Campus Act of 2012''. SEC. 2. DISCLOSURE OF CAMPUS SECURITY POLICY AND CAMPUS CRIME STATISTICS. Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by inserting before the semicolon the following: ``, and making available to students and employees a list of the titles, in each department of the institution, of each individual who is a campus security authority to whom students and employees should report the criminal offenses described in subparagraph (F)''; and (B) in subparagraph (F)(i)-- (i) by striking ``and'' at the end of subclause (VIII); and (ii) by adding the following at the end: ``(X) criminal offenses involving minors; and''; (2) by repealing paragraph (2); (3) in paragraph (3)-- (A) by striking ``Each'' and inserting ``(A) Each''; (B) by inserting ``, that keeps confidential the personally identifiable information of victims,'' after ``that is timely''; and (C) by adding at the end the following: ``(B) In carrying out the requirements of subparagraph (A), an institution shall-- ``(i) designate an individual who is familiar with the requirements of this subsection to serve as a campus security authority coordinator to-- ``(I) oversee campus security authorities; ``(II) solicit and compile the crimes described in subparagraph (F) of paragraph (1) reported to such authorities for the purpose of including such information in the timely reports required under this paragraph; and ``(III) ensure that when a crime of violence (as defined in section 16 of title 18, United States Code) is reported to a campus security authority, the authority reports the crime to local law police agencies; ``(ii) establish policies or procedures for training campus security authorities and the campus security authority coordinator; and ``(iii) employ or designate an individual or other entity to conduct such training using the policies or procedures established under clause (ii), upon receiving approval from the Secretary for such individual or other entity to conduct such training.''; (4) in paragraph (13)-- (A) by striking ``Upon'' and inserting ``(A) Upon''; (B) by inserting ``which distinguishes between institutional neglect and intentional misrepresentation or withholding of information,'' after ``this subsection,''; (C) by inserting ``, except that the Secretary shall impose a larger civil penalty in the case of an institution of higher education determined to have intentionally violated this subsection, as compared to an institution of higher education that violated this subsection as a result of institutional neglect. An intentional violation of this subsection by an institution of higher education shall be subject to criminal prosecution'' after ``under section 487(c)(3)(B)''; and (D) by adding at the end the following: ``(B) Prior to making a determination described in subparagraph (A) with respect to an institution of higher education, the Secretary shall-- ``(i) conduct an investigation with respect to the institution; and ``(ii) provide the institution with a timeline of the investigation and a preliminary report that includes the reasons for conducting such investigation.''; and (5) in paragraph (17), before the period insert the following: ``or any individual because such individual provided information or made a complaint to a law enforcement agency relating to the implementation of any provision of this subsection, provided that the individual acted in good faith when providing such information or making such complaint''.

Protecting Victims on Campus Act of 2012 - Amends the Higher Education Act of 1965 to revise provisions that require each institution of higher education (IHE) participating in a title IV (Student Assistance) program to comply with certain crime reporting requirements. Requires IHEs to provide students and employees with a list of the titles, in each department of the IHE, of each individual who is a campus security authority to whom they should report specified criminal offenses. Includes criminal offenses involving minors that are reported to campus security authorities or the local police among the criminal offenses that are to be included in: (1) the annual campus security report provided to current and prospective students and employees, and (2) the timely reports to the campus community on crimes considered to be a threat to the community. Requires the personally identifiable information of victims to be kept confidential when IHEs are making timely reports to the campus community on crimes considered to be a threat to the community. Requires IHEs, in carrying out their obligation to make such timely reports, to: (1) designate an individual to serve as campus security authority coordinator, and (2) provide for the training of that coordinator and the campus security authorities. Directs the Secretary of Education, when imposing civil penalties on IHEs for substantial violations of the crime reporting requirements, to distinguish between IHEs that intentionally violated those requirements and those whose violations are attributable to institutional neglect. Requires the Secretary to provide each IHE that is to be investigated for violating such reporting requirements with a timeline of the investigation and a preliminary report that includes the reasons for the investigation.

{"src": "billsum_train", "title": "To amend the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act to provide further clarity for institutions of higher education, and for other purposes."}

SECTION 1. YELLOWSTONE BUFFALO PRESERVATION. (a) Short Title.--This section may be cited as the ``Yellowstone Buffalo Preservation Act''. (b) Findings.--Congress finds the following: (1) More than any other animal, the American buffalo (Bison bison) is a wildlife icon of the United States. The American buffalo is the symbol that represents the Department of the Interior. The American buffalo is profoundly significant to Native American cultures and, perhaps more than any other wildlife species, has influenced our history. (2) The American buffalo is still under assault, as it was in the late 19th Century when it was nearly exterminated. At the end of the great slaughter, in which tens of millions of buffalo were killed, only a few hundred wild buffalo remained in the Nation and all were located in Yellowstone National Park. Due to poaching, their numbers were reduced to 25 by the year 1900. (3) The offspring of the 25 survivors comprise the Yellowstone buffalo herd and are the only wild, free-roaming American buffalo to continuously occupy their native habitat in the United States. (4) The Yellowstone buffalo herd is genetically unique. Unlike captive ranched buffalo, which are now relatively common, the Yellowstone buffalo herd has never interbred with cattle and has retained its wild character. (5) Because the Park lacks extensive low elevation winter habitat that provides bison and elk with access to winter forage, wildlife migrate from the high elevation plateau of Yellowstone National Park to lower elevation habitat adjacent to the Park in winter and spring. (6) The Yellowstone buffalo herd was exposed to the bacterium Brucella abortus, which can cause the disease brucellosis, in 1917. The only potential way Brucellosis is transmitted between species is through animal ingestion of contaminated reproductive products. Brucellosis can cause abortions in infected animals, but only infectious females who have the bacteria in their reproductive system represent any potential threat of transmission. (7) The risk of transmission between wild buffalo and cattle was deemed low in a 1992 General Accounting Office report, and again in a 1998 National Research Council study. In fact, there has never been a confirmed incidence of brucellosis transmission in the wild from buffalo to cattle. Buffalo with brucellosis and cattle have grazed together for over 50 years in the Jackson Hole area south of Yellowstone without any incident of disease transmission. (8) Despite these facts, the National Park Service, the United States Forest Service, and the State of Montana Department of Livestock haze, capture, and kill members of the Yellowstone buffalo herd in an attempt to keep them unnaturally confined within Yellowstone National Park. At the same time, approximately 13,000 Yellowstone elk, some of which also harbor brucellosis, are allowed unfettered access to Federal land outside the Park. Since 1984, nearly 4,000 American buffalo have been killed in Montana as a result of this policy. In the winters of 2002 through 2005, 811 buffalo were killed by the Federal and State agencies, including 496 buffalo captured and slaughtered by the National Park Service. (9) The key lower elevation habitat needed by American buffalo is on Gallatin National Forest lands adjacent to the north and west sides of the Park. On the north side, taxpayers spent $13,000,000 in 1999 for a private-Federal land exchange intended to make low elevation habitat adjacent to the Yellowstone River accessible to the Yellowstone buffalo herd and other wildlife. The land exchange failed to provide adequate protection and conservation benefits for buffalo, therefore key habitat is not available to the Yellowstone buffalo herd. (10) On the west side of the Park, the Horse Butte peninsula provides prime wildlife habitat for grizzly bears, trumpeter swans, bald eagles, wolves, and buffalo. The peninsula comprises approximately 10,000 acres of primarily Gallatin National Forest Federal lands extending into Hebgen Lake. (11) National Park Service lands have been set aside for the conservation of resources and values and for the enjoyment and use of all citizens. The Federal lands adjacent to the Park represent some of the most valuable and important wildlife habitat in the lower 48 States. They are integrally connected to the health of wildlife residing seasonally in our Nation's oldest national park. Together, the Park and the adjacent Federal lands provide some of our Nation's richest opportunities for recreation, wildlife viewing, family camping, wildlife conservation, fishing, and other recreational and sporting activities. These Federal lands should be preferentially managed to sustain this rich and diverse wildlife resource and to provide the public with enjoyment of this National treasure. (c) Purpose.--The purpose of this Act is to provide for the protection of the Yellowstone buffalo herd by allowing the Yellowstone buffalo herd to freely roam defined Federal land outside of the Park. (d) Definitions.--For the purposes of this section, the following definitions apply: (1) Hazing.--The term ``hazing'' means any individual effort to drive away, obstruct, chase, scare, or deter natural movements of wildlife, including efforts carried out on foot or horseback or efforts aided by machinery, aircraft, or any type of noise making device. (2) Agent.--The term ``agent'' means any person acting on behalf of a State or Federal Government. (3) Park.--The term ``Park'' means Yellowstone National Park. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Yellowstone buffalo herd.--The term ``Yellowstone buffalo herd'' means the wild, unfenced buffalo living primarily within Yellowstone National Park. (6) Federal land.--The term ``Federal land'' refers to those lands within the Park and Federal lands adjacent to it on the north and west boundaries within zones 2 and 3 of the Modified Preferred Alternative Map on page 181 of the 2000 Bison Management Plan for the State of Montana and Yellowstone National Park Final Environmental Impact Statement. (e) Prohibited Acts.-- (1) In general.--No agent may kill, haze, or capture any buffalo on Federal land or land held under Federal conservation easements or use any form of bait to lure buffalo from any Federal land onto private land until the duties under subsection (g) are carried out. This prohibition does not apply to legally-authorized, State-managed buffalo hunts. (2) Exceptions.-- (A) This prohibition shall not apply to an agent or any private party that is found to have been hazing a buffalo if a person is physically endangered or private property was damaged by a buffalo. Neither does this prohibition apply to National Park Service employees who, in the line of duty, need to move buffalo to address immediate physical public safety threats or to end the suffering of an injured buffalo. (B) This prohibition shall not apply to non-lethal Federal research on the prevention, transmission, or elimination of brucellosis in buffalo, as long as the research does not result in the removal of individual buffalo from the Park, diminish the wild, free-roaming status of the buffalo, or identify individual buffalo with techniques such as ear tagging, back tagging, or other methods that detract or diminish the quality of the visitor's experience within Yellowstone National Park. (f) Penalties.-- (1) Initial violation.--Any individual found to be in violation of subsection (e) for the first time shall be fined not more than $5,000 or imprisoned not more than 1 year, or both. (2) Subsequent violations.--Any individual found to be in violation of subsection (e) after the first such finding shall be fined not more than $10,000 or imprisoned not more than 2 years, or both. (3) Reward.--One half of any fine collected under this subsection or $2,500, whichever is less, shall be paid to any person or persons giving information which leads to conviction of a violation of this subsection. (4) Exception.--This subsection shall not apply to a person that is found to have been hazing a buffalo if the person is physically endangered or private property was damaged by a buffalo. (g) Duties.--The Secretary and other appropriate Federal agencies shall ensure that the following duties are accomplished not later than 3 years after the date of the enactment of this Act: (1) The Yellowstone buffalo herd is allowed to occupy and use Federal Land without being hazed or confined. These lands shall be made available preferentially for buffalo and wildlife use. (2) Notwithstanding any other provision of law, management authority of the Yellowstone buffalo herd within the Park is under the sole jurisdiction of the National Park Service. The Gallatin National Forest shall provide National Forest Service habitat and consider buffalo as a native resident wildlife species. (3) The Secretary shall not renew or extend any existing grazing permits or leases for grazing allotments in zone 3 during the winter or spring. (4) The Secretary shall not issue grazing permits or leases for grazing allotments in zone 3 for which no valid permit or lease exists as of the date of the enactment of this Act, and shall permanently retire the allotments from domestic livestock grazing use notwithstanding any other provision of law. (5) The Secretary has negotiated in good-faith to the extent possible with the private land owner in zone 2 in order to make all lands available as bison habitat in the winter and spring seasons as described in section 1(b)(9). (6) The Secretary has submitted the study required under subsection (h). (7) The National Park Service has disassembled the Stephens Creek Buffalo Capture Facility, and has not constructed a similar facility. (8) The National Park Service has prepared a comprehensive feasibility study assessing the benefits and obstacles of using Yellowstone buffalo to reestablish or augment buffalo herds, or both, on public and tribal lands. The study shall provide an objective evaluation of the laws, science, logistics, humane standards, and cost-benefit analysis relevant to such a relocation program. (9) The Secretary has made every effort practicable to allow the Yellowstone buffalo herd to freely roam Federal land through incentives and cooperative efforts with adjacent private landowners, including through land and easement acquisition, cattle vaccination, fencing, and landowner agreements pertaining to temporal and spatial separation of livestock from the Yellowstone buffalo herd. (h) Study.--Not later than 1 year after the date of the enactment of this Act, the United States Forest Service shall report to the Energy and Natural Resources Committee of the Senate and the Resources Committee of the House of Representatives regarding-- (1) the success or failure of negotiations under subsection (g)(5); and (2) whether the Congress should provide the United States Forest Service or the National Park Service with additional authority to insure that all bison winter habitat is made available in zone 2. (i) Preference for Buffalo and Other Native Wildlife.--The preferential use of Federal land shall be for buffalo and other native wildlife. (j) Authorization of Research Funding.--There is authorized to be appropriated to the Secretary such sums as may be necessary for States, federally recognized Indian tribes, and Federal agencies to more fully understand the epidemiology of brucellosis and to develop improved vaccines and treatments to reduce the prevalence of brucellosis in wildlife and livestock.

Yellowstone Buffalo Preservation Act - Prohibits any federal or state government agent from: (1) killing, hazing, or capturing any buffalo on federal land or land held under federal conservation easements; or (2) using any form of bait to lure buffalo from any federal land onto private land until specified duties are accomplished by the Secretary of the Interior and certain other federal agencies. Provides exceptions for: (1) legally-authorized, state-managed buffalo hunts; (2) hazing if a person is physically endangered or property is damaged; (3) National Park Service employees moving buffalo to address physical public safety threats; and (4) certain non-lethal federal research. Establishes criminal penalties and fines for violations of this Act. Sets forth duties of the the Secretary relating to grazing and other matters affecting the Yellowstone buffalo herd that must be accomplished within three years after the enactment of this Act.

{"src": "billsum_train", "title": "To provide for the protection of the last remaining herd of wild and genetically pure American Buffalo."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Complete Streets Act of 2008''. SEC. 2. SAFE AND COMPLETE STREETS. Section 133 of title 23, United States Code, is amended by adding at the end the following: ``(g) Complete Streets Policy.-- ``(1) In general.--Beginning with the fiscal year that begins 2 years after the date of enactment of this subsection, States and Metropolitan Planning Organizations shall-- ``(A) adopt an explicit statement of policy (that meets the requirements of subsection (b)) that the safety and convenience of all users of the transportation system shall be accommodated; ``(B) apply such policy to the projects contained in the Transportation Improvement Program; and ``(C) incorporate the principles in this policy into all aspects of the transportation project development process, including project identification, scoping procedures and design approvals, as well as design manuals and performance measures. ``(2) Purpose.--The purpose of the policy statement required under paragraph (1)(A) is to ensure that all users of the transportation system, including pedestrians, bicyclists, and transit users as well as children, older individuals, and individuals with disabilities, are able to travel safely and conveniently on streets and highways within the public right of way. ``(h) Policy Statement Requirements.--A policy statement under subsection (g)(1)(A) shall include the following: ``(1) An assurance that all users of the transportation system will include pedestrians (including individuals of all ages, and individuals with disabilities (including mobility, sensory, neurological or hidden disabilities)), bicyclists, transit vehicles and users, and motorists. ``(2) An assurance that the statement will apply to both new construction and reconstruction (including resurfacing, restoring, and rehabilitation (3R) projects) improvement projects. Simple improvements, such as re-striping for bicycle and pedestrian accommodation, may be encouraged in pavement resurfacing projects when they fall within the overall scope of the original roadwork. ``(3) A clear procedure that requires approval by a senior manager of any specified exceptions from implementing the policy statement, including documentation with supporting data that indicates the basis for the exemption. ``(4) A statement directing the use of the current design standards, including those standards applying to access for individuals with disabilities. ``(5) A statement requiring that complete streets solutions be developed to fit in with the context of the community and that those solutions be flexible. ``(6) A description of the performance standards with measurable outcomes that will be developed. ``(7) A statement that accommodation shall be made for all users in all construction and improvement projects unless one or more of the following apply: ``(A) The project involved a roadway on which non- motorized users are prohibited by law from using. In such case, a greater effort shall be made to accommodate bicyclists and pedestrians elsewhere. ``(B) The cost of establishing complete facilities would be excessively disproportionate to the need or probable use. ``(C) With respect to a project area with a low population, other documented factors indicate an absence of need now and in the future. ``(D) A Metropolitan Planning Organization or State department of transportation that is adopting complete streets policies may consult existing Federal guidance, including the 2000 USDOT Guidance document, `Accommodating Bicycle and Pedestrian Travel'. ``(E) The policy statement may be achieved through a State or local law or ordinance, or through an agency policy directive. ``(i) Certifications.--The Metropolitan Planning Organization and State department of transportation shall certify that each road project included in such plan has been reviewed for its compliance with any applicable policy statement under this section and that each project under such plan enhances the safety, convenience, and accessibility of the transportation system for all users to the extent that it is reasonably possible and that the project applicant addressed these concerns in the material prepared for public input with respect to such plan. A Metropolitan Planning Organization's implementation of its complete streets policy shall be a factor included in the review for the Metropolitan Planning Organization certification as provided for in section 134(5). ``(j) Accessibility Standards.--Not later than 12 months after the date of enactment of this subsection, the United States Access Board shall issue final standards for accessibility of new construction and alterations of pedestrian facilities in the public right-of-way. Until such time as the Access Board completes a final Public Right of Way Accessibility rule, Department of Transportation Standards for Accessible Transportation Facilities (49 C.F.R. 37.9, as amended on 10/ 30/2006 (71 FR 63263)) shall serve as the minimum standard. If the Department Of Transportation standards are silent or inapplicable with respect to any issue, the 2005 draft Public Right Of Way Accessibility Guidelines provisions shall be consulted. ``(k) Inclusion of All Users.--Metropolitan planning organizations and State departments of transportation shall strongly encourage local jurisdictions that are served by such organizations to maximize their efforts to include all users in their transportation planning. ``(l) Additional Provisions.-- ``(1) Research.-- ``(A) In general.--The Secretary of Transportation shall require the Federal Highway Administration to conduct complete streets research to assist States and Metropolitan Planning Organizations in developing, adopting, and implementing plans, projects, procedures, policies, and training that comply with the applicable statement of policy under subsection (g)(1)(A). ``(B) Participation.--Research under subparagraph (A) shall be conducted with the participation of the American Association of State Highway Transportation Officials, the Institute of Transportation Engineers, the American Public Transit Association, the American Planning Association, the National Association of Regional Councils, the Association of Metropolitan Planning Organizations, and representatives of the disability, motoring, bicycling, walking, transit user, aging, and other affected communities. ``(C) Existing needs.--Research under subparagraph (A) shall be based on the existing statement of complete streets research needs as outlined by the Transportation Research Board in TR Circular E110, and shall also develop new areas of inquiry. ``(2) Benchmarks and guidance.--The research project conducted under paragraph (1) shall be designed to result in the establishment of benchmarks and the provision of practical guidance on how to effectively implement street procedures and designs that will accommodate all types of users along the same facility or corridor including, vehicles, pedestrians, bicycles, and transit use. Such benchmarks and guidance shall focus on changing scoping, design, and construction procedures to more effectively fit the individual modes together into integrated facilities that meet the needs of each in an appropriate balance. Such benchmarks and guidance shall indicate the expected operational and safety performance of alternative approaches to facility design. ``(3) Best practices report.--Not later than 2 years after the date of enactment of this subsection, the Federal Highway Administration shall publish a best practices report showing how transportation agencies have changed their procedures to routinely design safe, effective multi-modal facilities. In establishing such best practices, consideration shall be given to the following areas: ``(A) Procedures for identifying the needs of the mix of users, including primary and secondary users that need to be served on various highway functional classes. ``(B) The identification of the types and designs of facilities needed to serve each of those types of users. ``(C) The identification of barriers to implementation as well as identification of costs associated with implementing complete streets policies. ``(4) Data collection.--In addition to preparing the report under paragraph (3), the Federal Highway Administration shall work with the Bureau of Transportation Statistics and the Federal Transit Association and appropriate Transportation Research Board committees on data collection, including a baseline non-motorized and transit use survey that will be integrated into the National Highway Traffic Safety Administration and the development of a survey tool for use by State transportation departments in identifying the multi-modal capacity of State and local road networks.''.

Complete Streets Act of 2008 - Amends the surface transportation program to require state and metropolitan planning organizations (MPOs) to: (1) adopt a policy statement that ensures that all users of the transportation system, including pedestrians, bicyclists, and transit users as well as children, older individuals, and individuals with disabilities, are able to travel safely and conveniently on streets and highways within the public right-of-way; and (2) apply such policy to Transportation Improvement Program projects as well as to all aspects of the transportation project development process. Requires states and MPOs to certify that each road project has been reviewed for compliance with the policy statement and enhances the safety, convenience, and accessibility for all users of the transportation system to the extent reasonably possible. Requires the U.S. Access Board to issue final standards for accessibility of new construction and alterations of pedestrian facilities in the public right-of-way. Directs the Secretary of Transportation to require the Federal Highway Administration (FHWA) to conduct complete streets research to assist states and MPOs in developing and implementing plans, projects, procedures, policies, and training that comply with the policy statement.

{"src": "billsum_train", "title": "A bill to ensure that all users of the transportation system, including pedestrians, bicyclists, and transit users as well as children, older individuals, and individuals with disabilities, are able to travel safely and conveniently on streets and highways."}

s Described.--For purposes of subsection (a)(1), a joint resolution is described in this paragraph if it is a joint resolution of the 2 Houses of Congress and the matter after the resolving clause of such joint resolution is as follows: ``That the Congress approves the proposal of the President, submitted on ____, in response to the affirmative determination submitted to the Congress by the WTO Dispute Settlement Review Commission on ____, to seek the fundamental reform of the dispute settlement system at the WTO and the rights and obligations of WTO member countries under that system, and authorizes and directs the United States Trade Representative to undertake negotiations to achieve such fundamental reform in accordance with the plan'', the first blank space being filled with the date the President submits the proposal, and the second blank space being filled with the date of the affirmative determination submitted to the Congress by the Commission pursuant to section 212(b) which has given rise to the joint resolution. (c) Procedural Provisions.-- (1) In general.--The requirements of this subsection are met if the joint resolution is enacted in accordance with this subsection, and the Congress adopts and transmits the joint resolution to the President. (2) Presidential veto.--In any case in which the President vetoes the joint resolution, the requirements of this subsection are met if each House of Congress votes to override that veto on or before the last day of the 30-day period (excluding any day described in section 154(b) of the Trade Act of 1974) beginning on the date on which the Congress receives the veto message from the President. (3) Introduction.-- (A) Time.--A joint resolution to which this section applies may be introduced at any time on or before the date that is 90 days after the President submits the plan described in subsection (a). (B) Any member may introduce.--A joint resolution described in subsection (b) may be introduced in either House of the Congress by any Member of such House. (4) Expedited procedures.-- (A) General rule.--Subject to the provisions of this subsection, the provisions of subsections (b), (d), (e), and (f) of section 152 of the Trade Act of 1974 (19 U.S.C. 2192(b), (d), (e), and (f)) apply to a joint resolution described in subsection (b) to the same extent as such provisions apply to resolutions under such section. (B) Report or discharge of committee.--If the committee of either House to which a joint resolution has been referred has not reported it by the close of the 45th day after its introduction (excluding any day described in section 154(b) of the Trade Act of 1974), such committee shall be automatically discharged from further consideration of the joint resolution and it shall be placed on the appropriate calendar. (C) Finance and ways and means committees.--It is not in order for-- (i) the Senate to consider any joint resolution unless it has been reported by the Committee on Finance or the committee has been discharged under subparagraph (B); or (ii) the House of Representatives to consider any joint resolution unless it has been reported by the Committee on Ways and Means or the committee has been discharged under subparagraph (B). (D) Special rule for house.--A motion in the House of Representatives to proceed to the consideration of a joint resolution may only be made on the second legislative day after the calendar day on which the Member making the motion announces to the House his or her intention to do so. (5) Consideration of second resolution not in order.--It shall not be in order in either the House of Representatives or the Senate to consider a joint resolution (other than a joint resolution received from the other House), if that House has previously adopted a joint resolution under this section relating to the same matter. (d) Rules of House of Representatives and Senate.--This section is enacted by the Congress-- (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such is deemed a part of the rules of each House, respectively, and such procedures supersede other rules only to the extent that they are inconsistent with such other rules; and (2) with the full recognition of the constitutional right of either House to change the rules (so far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as any other rule of that House. SEC. 215. PARTICIPATION IN WTO PANEL PROCEEDINGS. (a) In General.--If the United States Trade Representative, in proceedings before a dispute settlement panel or the Appellate Body of the WTO, seeks-- (1) to enforce United States rights under a multilateral trade agreement, or (2) to defend a challenged action or determination of the United States Government, a private United States person that is supportive of the United States Government's position before the panel or Appellate Body and that has a direct economic interest in the panel's or Appellate Body's resolution of the matters in dispute shall be permitted to participate in consultations and panel proceedings. The Trade Representative shall issue regulations, consistent with subsections (b) and (c), ensuring full and effective participation by any such private person. (b) Access to Information.--The United States Trade Representative shall make available to persons described in subsection (a) all information presented to or otherwise obtained by the Trade Representative in connection with a WTO dispute settlement proceeding. The United States Trade Representative shall promulgate regulations implementing a protective order system to protect information designated by the submitting member as confidential. (c) Participation in Dispute Settlement Proceeding.--Upon request from a person described in subsection (a), the United States Trade Representative shall-- (1) consult in advance with such person regarding the content of written submissions from the United States to the dispute settlement panel or Appellate Body concerned or to the other member countries involved; (2) include, where appropriate, such person or the appropriate representative of such person as an advisory member of the delegation in sessions of the dispute settlement panel or Appellate Body; (3) allow such special delegation member, where such member would bring special knowledge to the proceeding, to appear before the panel or Appellate Body, directly or through counsel, under the supervision of responsible United States Government officials; and (4) in proceedings involving confidential information, allow appearance of such person only through counsel as a member of the special delegation. Subtitle C--Negotiating Objectives of the United States and Reform of Dispute Settlement Proceedings SEC. 221. REFORM OF DISPUTE SETTLEMENT PROCEEDINGS. (a) Negotiations Regarding Reform of the WTO Dispute Settlement Proceedings.--The United States Trade Representative shall follow the principal negotiating objectives set forth in subsection (b) regarding reform of the WTO dispute settlement proceedings and pursue those objectives through all possible means, including negotiations to carry out the 4th World Trade Organization Ministerial held in Doha, Qatar in November 2001. (b) Negotiating Objectives.--The principal negotiating objectives set forth in this subsection are as follows: (1) Deference to member country's trade laws.--A principal negotiating objective of the United States is to amend Article 11 of the Dispute Settlement Understanding to require that in reviewing a determination involving a trade remedy or safeguard law of a WTO member country, a dispute settlement panel or the Appellate Body shall set aside the determination only if the determination is not supported by substantial evidence or is expressly contrary to the applicable Uruguay Round Agreement. (2) Creating a secretariat.--A principal negotiating objective of the United States is the establishment of a Secretariat in the Dispute Settlement Body who shall be responsible for selecting for nomination individuals to serve on dispute settlement panels and for providing individuals selected with technical support. (3) Elimination of participation by government officials.-- A principal negotiating objective of the United States is to amend the Dispute Settlement Understanding to prohibit any individual employed by the government of a WTO member country from serving on a panel or on the Appellate Body. (4) Third party participation.--A principal negotiating objective of the United States is to establish procedures to provide for the general acceptance of amicus curiae submissions from interested outside parties by dispute settlement panels and the Appellate Body. (5) Public access to dispute settlement proceedings.--A principal negotiating objective of the United States is to establish more open and transparent dispute settlement proceedings, by-- (A) allowing public access to proceedings before dispute settlement panels and the Appellate Body, and to arbitration meetings; (B) making nonconfidential submissions and written statements of oral presentations available to the public; (C) providing timely access to final reports of dispute settlement panels; and (D) maintaining in a central location for nonconfidential documents relating to dispute settlement proceedings and making those documents publicly available. (c) Report.--Not later than 60 days before reaching an agreement involving a negotiating objective described in subsection (b), the Trade Representative shall report to Congress regarding the progress made in achieving the objective and the details of any agreement. SEC. 222. ETHICS REQUIREMENTS. (a) In General.--The United States shall not agree to the appointment or reappointment of any individual to the Appellate Body or to the WTO panel roster until the WTO establishes and implements the reporting requirements described in subsection (b). (b) Reporting Requirements.--An individual may not serve on a panel or the Appellate Body without first submitting in writing the following information: (1) Information regarding any interest, relationship, or matter that is likely to affect the individual's independence or impartially or that might reasonably create an appearance of impropriety or an apprehension of bias in the matter being considered before the panel or Appellate Body. (2) Information regarding financial or personal interest the individual has in, or related to, the matter before the panel or Appellate Body. (3) Current and previous employment history and information regarding any financial or personal interest an employer, business associate, or family member may have in the matter before the panel or Appellate Body. (4) Information regarding the individual's relationship with any government entity or official involved in the matter before the panel or Appellate Body. (5) Any position papers prepared by the individual or public advocacy of the individual relating to the matter or issue before the panel or Appellate Body. (c) Availability to WTO Member Countries.--The information required by subsection (b) shall be made available to WTO member countries and the Trade Representative shall make the information available to persons described in section 215(a) under an appropriately drawn protective order designed to protect confidential information.

Stand With American Workers Act - Amends the Trade Act of 1974 to: (1) declare that the United States Trade Representative (USTR) is the primary government official responsible for dispute settlement proceedings before the World Trade Organization (WTO) that involve the United States; and (2) designate a Deputy USTR to oversee dispute settlement proceedings involving the United States before the WTO, including negotiations regarding Understanding on Rules and Procedures Governing the Settlement of Disputes. Amends the Uruguay Round Agreements Act to modify procedural guidelines for dispute settlement panels. Establishes the World Trade Organization Dispute Settlement Review Commission to review: (1) all reports of dispute settlement panels or the Appellate Body of the WTO in proceedings initiated by other parties to the WTO that are adverse to the United States and that are adopted by the Dispute Settlement Body; and (2) upon the request of the USTR or specified congressional officials, any other report of a dispute settlement panel or the Appellate Body that is adopted by the Dispute Settlement Body. Requires the Commission to determine whether the panel or Appellate Body: (1) exceeded its authority or its terms of reference; (2) added to the obligations or diminished the rights of the United States under the Uruguay Round Agreement that is the subject of the report; (3) acted arbitrarily or capriciously, engaged in misconduct, or demonstrably departed from the procedures specified in the applicable Uruguay Round Agreement; (4) deviated from the applicable standard of review; and (5) if it makes an affirmative determination on these matters, further determine whether the action of the panel or Appellate Body materially affected the outcome of its report. Requires the President, if the Commission makes three such affirmative determinations in a five-year period, to submit to Congress a proposal for the fundamental reform of the dispute settlement system at the WTO and the rights and obligations of WTO member countries under that system, and a plan on how to achieve such reform. Declares that, until a joint resolution is enacted approving the President's proposal and authorizing the USTR to negotiate for such fundamental reform, "fast-track" requirements of the Trade Act of 1974 for congressional implementation of trade agreements on nontariff barriers and resolutions approving commercial agreements with Communist countries, and the trade authorities procedures provided for in the Bipartisan Trade Promotion Authority Act of 2002, shall cease to apply to implementing bills (except those implementing trade agreements for reduction of foreign tariffs). Prescribes expedited procedures for congressional handling of such a joint resolution. Permits a private US person that is supportive of the US Government's position and has a direct economic interest in the panel's or Appellate Body's resolution of matters in dispute to participate in dispute settlement proceedings. Cites principal negotiating objectives to be pursued by the USTR regarding reform of dispute settlement proceedings. States that the United States shall not agree to the appointment or reappointment of any individual to the Appellate Body or to the WTO panel roster until the WTO establishes and implements specified reporting requirements.

{"src": "billsum_train", "title": "A bill to improve United States litigation efforts at the WTO, establish a WTO Dispute Settlement Review Commission, promote reform of the WTO dispute settlement process, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cheaper Car Insurance Act of 2004''. SEC. 2. AUTOMOBILE INSURANCE FRAUD. (a) In General.--Chapter 47 of title 18, United States Code, is amended by inserting at the end the following: ``SEC. 1038. AUTOMOBILE INSURANCE FRAUD. ``(a) Whoever knowingly commits automobile insurance fraud shall be punished as provided in subsection (e). ``(b) Whoever knowingly acts as a runner, capper, or steerer shall be punished as provided in subsection (e). ``(c) Whoever knowingly acts as an organizer of an auto insurance fraud operation shall be punished as provided in subsection (e). ``(d) Whoever knowingly acts as a mastermind or leader of an auto insurance fraud operation shall be punished as provided in subsection (e). ``(e) The punishment for an offense under subsections (a), (b), (c), or (d) shall be as follows: ``(1) For any violation of subsection (a) in which the defendant is not also convicted of being a runner, capper, or steerer under subsection (b), an organizer under subsection (c), or a leader or master mind under subsection (d), such person shall be fined not more than $100,000, imprisoned not more than 5 years, or both. If the defendant has a prior conviction under subsection (a), such person shall be fined not more than $100,000, imprisoned not more than 10 years, or both. ``(2) For any violation of subsection (b), such person shall be fined not more than $100,000, imprisoned not more than 5 years, or both. ``(3) For any violation of subsection (c), such person shall be fined not more than $100,000, imprisoned not more than 10 years, or both. ``(4) For any violation of subsection (d), such person shall be fined not more than $100,000, imprisoned not more than 15 years, or both. ``(f) If a violation of subsection (a), (b), (c), or (d) results in costs that exceed $100,000, the fine imposed under subsection (b) may be in an amount greater than $100,000 in order to cover the resulting cost. ``(g) In this section-- ``(1) the term `automobile insurance fraud' means fraud committed by any person who knowingly and intentionally presents a written statement or claim, causes a written statement or claim to be presented, or prepares a written statement or claim with knowledge or belief that it will be presented to or by an insurer, self-insurer, or any agent thereof, that such person knows-- ``(A) contains materially false information concerning any fact material to an application, certificate, evidence, or claim referred to in paragraph (2); or ``(B) conceals, for the purpose of misleading, information concerning any fact material to an application, certificate, evidence, or claim referred to in paragraph (2); ``(2) the term `mastermind' or `leader' means any individual who knowingly solicits or employs 2 or more people, or conspires with 2 or more people, to engage in automobile insurance fraud, and who is not also a runner, capper, steerer, or an organizer; ``(3) the term `organizer' means any individual who knowingly solicits or employs a runner, capper, or steerer, or acts as a runner, capper, or steerer, with the intent of seeking to falsely or fraudulently obtain benefits under a contract of insurance, or to falsely or fraudulently assert a claim against an insured or an insurer for providing services to a client, patient, or customer; ``(4) the term `runner, capper, or steerer' means any person who, for either direct or indirect pecuniary benefit, knowingly procures or attempts to procure a client, patient, or customer at the direction of, or in cooperation with, a person committing automobile insurance fraud under subsection (b), regardless of whether or not the person otherwise participates in the fraud; and ``(5) the term `written statement or claim' means a written statement or submission by telephone, computer, or in any other electronic or digital form, that is part of, or in support of-- ``(A) an application for the issuance of or the rating of a commercial insurance policy; ``(B) a certificate or evidence of self-insurance for commercial insurance or commercial self-insurance; or ``(C) a claim for payment or other benefit pursuant to an insurance policy or self-insurance program for commercial or personal insurance.''. (b) Conforming Amendment.--The chapter analysis for chapter 47 of title 18, United States Code, is amended by adding at the end the following: ``1038. Automobile insurance fraud''. SEC. 3. BEST PRACTICES. (a) In General.--The Department of Justice shall publish best practices for the States to use-- (1) in licensing auto body shops that perform work paid for by insurers; and (2) in licensing medical treatment provided to people who are injured in automobile accidents. (b) Goal.--The goal of publishing best practices as required under subsection (a) is to encourage the States to adopt such practices to limit the feasibility of committing insurance fraud. SEC. 4. INVESTIGATION OF FRAUDULENT PRACTICES. (a) In General.--The Attorney General shall cooperate with the offices of the United States Attorneys to-- (1) aggressively investigate fraudulent chop shops and salvage yards; (2) aggressively prosecute automobile insurance fraud (as defined in section 1037 of title 18, United States Code); and (3) report statistics on investigations, prosecutions, and convictions of automobile insurance fraud. (b) Reporting.--Statistics referred to in subsection (a)(3) shall be reported to the Subcommittee on Administrative Oversight and the Courts of the Committee on the Judiciary of the Senate and the appropriate Committee of the House of Representatives. SEC. 5. FEDERAL-STATE-LOCAL ANTI-AUTO INSURANCE TASK FORCE. (a) Establishment of Units.--The Attorney General shall establish Federal-State-Local Anti-Auto Insurance Fraud Task Forces in the offices of the United States Attorneys in the 10 cities in the United States that are most severely affected, as determined by the Attorney General, by automobile insurance fraud (as defined in section 1037 of title 18, United States Code). (b) Purpose.--The special units established under subsection (a) shall investigate and prosecute automobile insurance fraud. (c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $25,000,000 in fiscal year 2005, and such sums or fiscal years thereafter as determined by Congress. SEC. 6. INSURANCE COMPANY RIGHT TO MANDATORY INSPECTION BEFORE INSURING. (a) Right of Inspection.--An insurance company shall have the right to require a mandatory inspection by an insurance company representative or agent of any motor vehicle prior to agreeing to provide insurance coverage, except as provided under subsection (b). (b) Exemption From Pre-insurance Inspection.--The right to inspect under subsection (a) may be waived by an insurance company under the following circumstances: (1) The motor vehicle is already insured under the policy for either comprehensive or collision coverage. (2) The motor vehicle is a new vehicle purchased from a retail dealership, and the insurer is provided with-- (A) a copy of the bill of sale containing a full description of the motor vehicle, including options and accessories, and a statement from the seller that the motor vehicle has no damage; or (B) a copy of the Manufacturer Statement of Origin, a statement from the seller that the motor vehicle has no damage, and a copy of the window sticker or dealer invoice containing a full description of the motor vehicle, including options or accessories. (3) An insured named in the policy has been insured by the same insurer for 1 or more policy years under a policy that has continuously provided physical damage coverage. (4) The motor vehicle is rented or leased for less than 6 months, provided that the insurer is given a copy of the lease or rental agreement, and that the document contains a complete description of the rented or leased motor vehicle, including its condition at the time of lease or rental. (5) The motor vehicle is rated or insured under a commercial automobile insurance policy. (6) When pre-insurance inspection would cause serious hardship to the insured or applicant for insurance, and the hardship is documented in records maintained by the insurer. (c) Non-discrimination of Pre-insurance Inspections.--An insurer may require a pre-insurance inspection of an otherwise exempt motor vehicle. The decision to require a pre-insurance inspection of an exempt vehicle shall not be based on the age, race, sex, religion, or marital status of the applicant or insured, or the fact that the motor vehicle has been insured through a residual or non-voluntary insurance market.

Cheaper Car Insurance Act of 2004 - Amends the Federal criminal code to prohibit automobile insurance fraud. Directs the Department of Justice to publish best practices for the States to use in licensing: (1) auto body shops that perform work paid for by insurers; and (2) medical treatment provided to people who are injured in automobile accidents. Requires the Attorney General to: (1) cooperate with the offices of the U.S. Attorneys to aggressively investigate fraudulent chop shops and salvage yards, to aggressively prosecute automobile insurance fraud, and to report statistics on investigations, prosecutions, and convictions; and (2) establish Federal-State-Local Anti-Auto Insurance Fraud Task Forces in the offices of the U.S. Attorneys in the ten U.S. cities that are most severely affected. Grants an insurance company the right to require a mandatory inspection by an insurance company representative or agent of any motor vehicle prior to agreeing to provide insurance coverage. Permits a company to waive such right under specified circumstances. Allows an insurer to require a pre-insurance inspection of an otherwise exempt motor vehicle, but prohibits basing such decision on the age, race, sex, religion, or marital status of the applicant or insured or the fact that the vehicle has been insured through a residual or non-voluntary insurance market.

{"src": "billsum_train", "title": "A bill to create a penalty for automobile insurance fraud, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Arctic Deep Water Ports Enhancement Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) There is a pressing national need to prepare for increasing human activity and expanding commerce in the Arctic. Such activity will likely include oil and gas development, fishing, shipping, and tourism. (2) To respond to this increase in activity, there is a need for port facilities in the Arctic that can accommodate deep-draft ships, support search and rescue activities, scientific research, and Arctic oil and gas development, and serve as an Arctic harbor of refuge. (3) The residents of the Arctic region of the United States are under-served in freight transportation, and deep-draft ports in the Arctic will enhance economic opportunities and quality of life for such residents. (4) Arctic communities rely on subsistence hunting for economic and cultural survival, and it is critical to protect the Arctic environment and maintain subsistence resources. (5) Coordinating and expediting the development of deep- draft ports in the Arctic is in the national interest. SEC. 3. DEFINITIONS. In this Act: (1) Arctic deepwater port.--The term ``Arctic deepwater port'' means any port facility located-- (A) in waters north of 60 degrees latitude north and west of 162 degrees longitude west that have a water depth of not less than 30 feet; or (B) in waters north of 63 degrees latitude north that have a water depth of not less than 30 feet. (2) Consumer price index.--The term ``Consumer Price Index'' means the Consumer Price Index for all-urban consumers, United States city average, as published by the Bureau of Labor Statistics, or if such index shall cease to be published, any successor index or reasonable substitute thereof. (3) Coordinator.--The term ``Coordinator'' means the Federal Coordinator for Arctic Deepwater Port Projects appointed under section 7(b)(1). (4) Developer.--The term ``developer'', with respect to an Arctic deepwater port, means any private entity, State, municipal, or borough government, Alaska Native corporation created by section 7 of the Alaska Native Claims Settlement Act (43 U.S.C. 1606), or the western Alaska community development quota program created by section 305(i)(1) of the Magnuson- Stevens Fishery Conservation and Management Act that is seeking to develop an arctic deepwater port. (5) Development.--The term ``development'', with respect to an Arctic deepwater port, means any aspect of the development, construction, or operation of such port. (6) Eligible lender.--The term ``eligible lender'' means any non-Federal qualified institutional buyer (as defined by section 230.144A(a) of title 17, Code of Federal Regulations (or any successor regulation), known as Rule 144A(a) of the Securities and Exchange Commission and issued under the Securities Act of 1933), including-- (A) a qualified retirement plan (as defined in section 4974(c) of the Internal Revenue Code of 1986 (26 U.S.C. 4974(c)) that is a qualified institutional buyer; and (B) a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986 (26 U.S.C. 414(d)) that is a qualified institutional buyer. (7) Environmental review.--The term ``environmental review'' means an environmental impact statement, environmental assessment, or other document required for compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (8) Federal guarantee instrument.--The term ``Federal guarantee instrument'' means any guarantee or other pledge by the Secretary to pledge the full faith and credit of the United States to pay all of the principal and interest on any loan or other debt obligation entered into by a holder of a certificate of public convenience and necessity. (9) Office.--Except as otherwise specifically provided, the term ``Office'' means the Office of the Federal Arctic Deepwater Port Coordinator established under section 7(a). (10) Secretary.--Except as otherwise specifically provided, the term ``Secretary'' means the Secretary of the Army. SEC. 4. ARCTIC DEEPWATER PORT DEVELOPMENT PARTNERSHIPS. The Secretary is authorized to enter into partnership agreements with developers-- (1) to plan, survey, design, construct, maintain, or operate Arctic deepwater ports; (2) to provide technical assistance for the activities described in paragraph (1); and (3) to receive funds for such activities from Federal, non- Federal, and private entities, including developers of an Arctic deepwater ports that have an agreement with the Secretary for such an activity under this section. SEC. 5. ARCTIC PORT INFRASTRUCTURE DEVELOPMENT FUND. (a) Establishment.--There is established in the Treasury of the United States a trust fund to be known as the ``Arctic Port Infrastructure Development Fund'', consisting of such amounts as may be appropriated or credited to such Fund, as provided in this section. (b) Deposits in the Fund.--There may be deposited into the Arctic Port Infrastructure Development Fund-- (1) amounts from Federal, non-Federal, and private entities received by the Secretary under section 4(3); and (2) such amounts as may be appropriated or transferred to the Fund under this section. (c) Expenditures.--Amounts in the Arctic Port Infrastructure Development Fund shall be available to the Secretary-- (1) to administer and carry out Arctic deepwater port development projects; (2) to make refunds related to Arctic deepwater port development projects that will not be completed; and (3) to make loan guarantees as described in subsection (d). (d) Loan Guarantees.-- (1) Authority.-- (A) In general.--The Secretary may enter into agreements with developers to issue Federal guarantee instruments with respect to loans and other debt obligations for Arctic deepwater ports. (B) Expiration of authority.--The authority of the Secretary to issue Federal guarantee instruments under this section for Arctic deepwater ports shall expire on the date that is 30 years from the date of enactment of this Act. (2) Conditions.--The Secretary may issue a Federal guarantee instrument under this section for Arctic deepwater ports only if the loan or other debt obligation guaranteed by the instrument has been issued by an eligible lender. (3) Limitations on amounts.-- (A) Limitation on percentage of total capital costs.--The amount of loans and other debt obligations guaranteed under this section for Arctic deepwater ports shall not exceed 75 percent of the total capital costs of the project, including interest during construction. (B) Maximum amount guaranteed.--The principal amount of loans and other debt obligations guaranteed under this section shall not exceed, in the aggregate, $3,000,000,000, which amount shall be indexed for United States dollar inflation from the date of the enactment of this Act, as measured by the Consumer Price Index. (4) Loan terms and fees.-- (A) In general.--The Secretary may issue Federal guarantee instruments under this section that take into account repayment profiles and grace periods justified by project cash flows and project-specific considerations. (B) Maximum loan term.--The term of any loan guaranteed under this section shall not exceed 30 years. (C) Fees.--An eligible lender may assess and collect from the borrower such other fees and costs associated with the application and origination of the loan or other debt obligation as are reasonable and customary for a project finance transaction in the transportation infrastructure sector. (5) Regulations.--The Secretary may issue regulations to carry out this subsection. (e) Transfers, Availability of Funds.-- (1) Authorization of appropriations.-- (A) Arctic deepwater port development projects.-- There are authorized to be appropriated to the Arctic Port Infrastructure Development Fund such sums as may be necessary to carry out paragraphs (1) and (2) of subsection (c). (B) Loan guarantees.--There are authorized to be appropriated such sums as may be necessary to cover the cost of loan guarantees under this section, as defined by section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)). (2) Transfers.--Amounts appropriated or otherwise made available for any fiscal year for an Arctic deepwater port facility may be transferred, at the option of the recipient of such amounts, to the Arctic Port Infrastructure Development Fund and administered by the Secretary as a component of an Arctic deepwater port development project. (3) Availability of funds.--Amounts appropriated pursuant to an authorization of appropriations in this subsection and other amounts in the Arctic Port Infrastructure Fund shall remain available until expended. SEC. 6. ENVIRONMENTAL REVIEWS FOR ARCTIC DEEPWATER PORTS. (a) Designation of Lead Agency.-- (1) In general.--The Secretary-- (A) shall be the lead for purposes of complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the development of an Arctic deepwater port, regardless of the agency or department of the United States taking the action that requires compliance with such Act; and (B) shall be responsible for preparing any environmental review related to such action. (2) Consolidation of statements.--In carrying out paragraph (1), with respect to any environmental review for an action related to development of an Arctic deepwater port, the Secretary shall prepare a single document, which shall consolidate the environmental reviews of each agency or department of the United States considering any aspect of such action. (3) Satisfaction of requirements.--An environmental review prepared by the Secretary under paragraph (1) for an action related to development of an Arctic deepwater port shall be adopted by each appropriate agency or department of the United States in satisfaction of the responsibilities of such agency or department under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to such action. (b) Expedited Process.--The Secretary shall-- (1) not later than 1 year after the date that the Secretary determines that an application for an environmental review related to an Arctic deepwater port is complete, issue a draft version of the environmental review; and (2) not later than 180 days after the date of issuance of such draft version, issue the final version of the environmental review, unless the Secretary for good cause determines that additional time is needed. (c) Cooperation With Other Agencies.-- (1) In general.--Each agency or department of the United States that, if not for subsection (a), would be required to prepare an environmental review for any aspect of the development of an Arctic deepwater port project shall-- (A) cooperate with the Secretary; and (B) comply with deadlines established by subsection (b) for the issuance of the environmental review by the Secretary. SEC. 7. FEDERAL COORDINATOR FOR ARCTIC DEEPWATER PORT PROJECTS. (a) Office of the Federal Arctic Deepwater Port Coordinator.--There is established, as an independent office in the Office of the Assistant Secretary of the Army for Civil Works of the Department of the Army, the Office of the Federal Arctic Deepwater Port Coordinator. (b) Coordinator for Arctic Deepwater Port Projects.-- (1) Appointment.--The Office shall be headed by a Federal Coordinator for Arctic Deepwater Port Projects, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Compensation.--The Coordinator shall be compensated at the rate prescribed for level III of the Executive Schedule set out in section 5314 of title 5, United States Code. (3) Duties.--The Coordinator shall be responsible for-- (A) coordinating the expeditious discharge of all activities of the agencies and departments of the United States for the preparation of environmental reviews related to the development of an Arctic deepwater port; (B) ensuring the compliance of such agencies or departments with the provisions of this Act; (C) assessing potential partnerships described in section 4 and advising the Secretary on such partnerships; and (D) assessing applications for loan guarantees under section 5(d) and advising the Secretary on such terms as may be advisable to issue such guarantees. (c) Prohibition of Certain Terms and Conditions.--No agency or department of the United States may include in any certificate, right- of-way, permit, lease, or other authorization issued for an Arctic deepwater port any term or condition that may be permitted, but is not required by, any applicable law if the Coordinator determines that such term or condition would prevent or impair in any significant respect the expeditious construction and operation, or an expansion, of an Arctic deepwater port. (d) Prohibition of Certain Actions.--Unless required by law, no agency or department of the United States shall add to, amend, or abrogate any certificate, right-of-way, permit, lease, or other authorization issued to an Arctic deepwater port if the Coordinator determines that the action would prevent or impair in any significant respect the expeditious construction and operation, or an expansion, of an Arctic deepwater port. SEC. 8. ASSISTANCE TO DEVELOPERS OF ARCTIC DEEPWATER PORTS. (a) Infrastructure Finance Funding.--Notwithstanding any limitation of chapter 6 of title 23, United States Code, a developer of an Arctic deepwater port shall be eligible for assistance from the funds made available pursuant to such chapter for the development of such port. (b) Role of the Coast Guard.-- (1) In general.--The Commandant of the Coast Guard is authorized-- (A) to enter into long-term lease for moorage, warehousing, hangar space, and logistical support with a developer of an Arctic deep water port; and (B) to convey any property deemed surplus to the Coast Guard's needs in Alaska to any Alaskan borough, municipality or native corporation seeking to develop an Arctic deepwater port. SEC. 9. DEEPWATER PORT ACT OF 1974 AMENDMENT. Section 3(9)(A) of the Deepwater Port Act of 1974 (33 U.S.C. 1502(9)(A)) is amended by striking ``uses'' and inserting ``uses, including general handling of cargo, ship service or repair, logistical support for government and private sector activities at sea, or service as a harbor of refuge,''. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $3,000,000 for each fiscal year to carry out this Act.

Arctic Deep Water Ports Enhancement Act of 2013 - Authorizes the Secretary of the Army to enter into partnership agreements with certain developers to: (1) plan, survey, design, construct, maintain, or operate Arctic deepwater ports; (2) provide technical assistance for such activities; and (3) receive funds from federal, nonfederal, and private entities, including developers of Arctic deepwater ports that have an agreement with the Secretary for such activity. Defines "Arctic deepwater port" as any port facility, in a water depth of at least 30 feet, located in waters: (1) north of 60 degrees latitude north and west of 162 degrees longitude west, or (2) north of 63 degrees latitude north. Defines "developer" as any private entity, state, municipal, or borough government, Alaska Native corporation created by the Alaska Native Claims Settlement Act, or the western Alaska community development quota program created by the Magnuson-Stevens Fishery Conservation and Management Act that is seeking to develop an Arctic deepwater port. Establishes the Arctic Port Infrastructure Development Fund within the U.S. Treasury. Permits the Secretary, within a 30-year period and subject to specified limitations, to issue federal guarantee instruments with respect to loans and other debt obligations for such ports. Requires the loan or debt obligation guaranteed by such instruments to be issued by an eligible nonfederal qualified institutional buyer. Designates the Secretary as the lead for purposes of complying with the National Environmental Policy Act of 1969 for the development of an Arctic deepwater port, regardless of the U.S. agency taking the action that requires compliance with such Act. Establishes the Office of the Federal Arctic Deepwater Port Coordinator as an independent office in the Office of the Assistant Secretary of the Army for Civil Works of the Department of the Army. Makes infrastructure finance funding available to assist developers of Arctic deepwater ports. Authorizes the Commandant of the Coast Guard to: (1) enter into long-term leases for moorage, warehousing, hangar space, and logistical support with Arctic deep water port developers; and (2) convey any property deemed surplus to the Coast Guard's needs in Alaska to any Alaskan borough, municipality, or native corporation seeking to develop such ports. Expands the definition of "deepwater port" under the Deepwater Port Act of 1974 to include the use of such structures for general handling of cargo, ship service or repair, logistical support for government and private sector activities at sea, or service as a harbor of refuge.

{"src": "billsum_train", "title": "Arctic Deep Water Ports Enhancement Act of 2013"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Endangered Species Consolidation Act of 2001''. SEC. 2. FINDINGS. The Congress finds the following: (1) The National Marine Fisheries Service was created in the Department of Commerce under Reorganization Plan Number 4 of 1970 (15 U.S.C. 1511 note). Before creation of the Service, the programs that are administered by the Service were administered by the Bureau of Commercial Fisheries within the United States Fish and Wildlife Service in the Department of Interior. (2) The Endangered Species Act of 1973 (16 U.S.C. 1531 et. seq.) currently delegates authority to both the Secretary of the Interior and the Secretary of Commerce to conduct activities related to the listing and recovery of threatened species and endangered species. (3) The National Marine Fisheries Service is responsible for the recovery of 33 species of marine mammals and fish, while the United States Fish and Wildlife Service has jurisdiction over 1,800 species of plants, mammals, birds, and fish, including several species that have been co-listed and managed by both the National Marine Fisheries Service and the United States Fish and Wildlife Service. (4) In order to better coordinate Federal agency functions relating to the listing and recovery of threatened species and endangered species, eliminate duplication of efforts in the performance of those functions, and ensure that the maximum amount of resources are focused on the objectives of the Endangered Species Act 1973, one Federal agency should be given exclusive responsibility for those functions with respect to anadromous species and catadromous species. SEC. 3. TRANSFER OF FUNCTIONS WITH RESPECT TO ANADROMOUS SPECIES AND CATADROMOUS SPECIES. (a) Transfer of Functions.--All functions with respect to anadromous species and catadromous species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) that were vested in the Secretary of Commerce or the National Marine Fisheries Service immediately before the enactment of this Act are transferred to the Secretary of the Interior. (b) Conforming Amendments.--The Endangered Species Act of 1973 is amended-- (1) in section 3(15) (16 U.S.C. 1532(15))-- (A) by inserting ``(A)'' after ``(15)''; and (B) by adding at the end the following: ``(B) Notwithstanding subparagraph (A), with respect to anadromous species and catadromous species, the term `Secretary' means the Secretary of the Interior.''; and (2) in section 3 (16 U.S.C. 1532) by adding at the end the following: ``(22) The term `anadromous species' means a species of fish that spawn in fresh or estuarine waters and that migrate to ocean waters. ``(23) The term `catadromous species' means a species of fish that spawn in ocean waters and migrate to fresh waters.''. SEC. 4. MISCELLANEOUS PROVISIONS. (a) References.--Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to a department or office from which a function is transferred by this Act-- (1) to the head of such department or office is deemed to refer to the Secretary of the Interior; or (2) to such department or office is deemed to refer to the Department of the Interior. (b) Exercise of Authorities.--Except as otherwise provided by law, the Secretary of the Interior may, for purposes of performing the functions transferred by this Act, exercise all authorities under the Endangered Species Act of 1973 that were available with respect to the performance of that function immediately before the effective date of the transfer of the function under this Act. (c) Savings Provisions.-- (1) Legal documents.--All orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, certificates, licenses, and privileges-- (A) that have been issued, made, granted, or allowed to become effective by the Secretary of Commerce, any officer or employee of the Department of Commerce, or any other Government official in the performance of any function that is transferred by this Act, or by a court of competent jurisdiction with respect to such performance, and (B) that are in effect on the effective date of this Act (or become effective after such date pursuant to their terms as in effect on such effective date), shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, any other authorized official, a court of competent jurisdiction, or operation of law. (2) Proceedings.-- (A) In general.--This Act shall not affect any proceedings or any application for any benefits, service, license, permit, certificate, or financial assistance pending on the date of the enactment of this Act before an office transferred by this Act. Such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted, and orders issued in any such proceeding shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. (B) Limitation.--Nothing in this paragraph shall be considered to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. (3) Suits.--This Act shall not affect suits commenced before the date of the enactment of this Act, and in all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted. (4) Nonabatement of actions.--No suit, action, or other proceeding commenced by or against the Department of Commerce or the Secretary of Commerce, or by or against any individual in the official capacity of such individual as an officer or employee of the Department of Commerce, shall abate by reason of the enactment of this Act. (5) Continuance of suits.--If any Government officer in the official capacity of such officer is party to a suit with respect to a function of the officer, and under this Act such function is transferred to any other officer or office, then such suit shall be continued with the other officer or the head of such other office, as applicable, substituted or added as a party. (6) Administrative procedure and judicial review.--Except as otherwise provided by this Act, any statutory requirements relating to notice, hearings, action upon the record, or administrative or judicial review that apply to any function transferred by this Act shall apply to the exercise of such function by the head of the Federal agency, and other officers of the agency, to which such function is transferred by this Act. SEC. 5. DEFINITIONS. For purposes of this Act: (1) Anadromous species and catadromous species.--Each of the terms ``anadromous species'' and ``catadromous species'' has the meaning that term has under section 3 of the Endangered Species Act of 1973, as amended by section 3 of this Act. (2) Function.--The term ``function'' includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program. (3) Office.--The term `office' includes any office, administration, agency, bureau, institute, council, unit, organizational entity, or component thereof.

Endangered Species Consolidation Act of 2001 - Transfers all functions with respect to anadromous species and catadromous species under the Endangered Species Act of 1973 that were vested in the Secretary of Commerce or the National Marine Fisheries Service immediately before the enactment of this Act to the Secretary of the Interior.

{"src": "billsum_train", "title": "To amend the Endangered Species Act of 1973 to vest in the Secretary of the Interior functions under that Act with respect to species of fish that spawn in fresh or estuarine waters and migrate to ocean waters, and species of fish that spawn in ocean waters and migrate to fresh waters."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Make College Affordable Act of 1999''. SEC. 2. DEDUCTION FOR HIGHER EDUCATION EXPENSES. (a) Deduction Allowed.--Section 221 of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 221. HIGHER EDUCATION EXPENSES. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction an amount equal to-- ``(1) the qualified higher education expenses, and ``(2) interest on qualified higher education loans, paid by the taxpayer during the taxable year. ``(b) Limitation Based on Modified Adjusted Gross Income.-- ``(1) In general.--The amount which would (but for this subsection) be taken into account under subsection (a) shall be reduced (but not below zero) by the amount determined under paragraph (2). ``(2) Amount of reduction.--The amount determined under this paragraph equals the amount which bears the same ratio to the amount which would be so taken into account as-- ``(A) the excess of-- ``(i) the taxpayer's modified adjusted gross income for such taxable year, over ``(ii) $65,000 ($95,000 in the case of a joint return), bears to ``(B) $20,000. ``(3) Modified adjusted gross income.--For purposes of this subsection, the term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year determined-- ``(A) without regard to this section and sections 911, 931, and 933, and ``(B) after the application of sections 86, 135, 219, 220, and 469. For purposes of the sections referred to in subparagraph (B), adjusted gross income shall be determined without regard to the deduction allowed under this section. ``(4) Inflation adjustments.-- ``(A) In general.--In the case of a taxable year beginning after 2000, the $65,000 and $95,000 amounts described in paragraph (2) shall each be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 1999' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $5,000, such amount shall be rounded to the next lowest multiple of $5,000. ``(c) Qualified Higher Education Expenses.--For purposes of this section-- ``(1) Qualified higher education expenses.-- ``(A) In general.--The term `qualified higher education expenses' means-- ``(i) tuition and fees charged by an educational institution and required for the enrollment or attendance of-- ``(I) the taxpayer, ``(II) the taxpayer's spouse, ``(III) any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, or ``(IV) any grandchild of the taxpayer, as an eligible student at an institution of higher education, and ``(ii) reasonable living expenses for such an individual while away from home and attending such institution. ``(B) Eligible courses.--Amounts paid for qualified higher education expenses of any individual shall be taken into account under subsection (a) only to the extent such expenses-- ``(i) are attributable to courses of instruction for which credit is allowed toward a baccalaureate degree by an institution of higher education or toward a certificate of required course work at a vocational school, and ``(ii) are not attributable to any graduate program of such individual. ``(C) Exception for nonacademic fees.--Such term does not include any student activity fees, athletic fees, insurance expenses, or other expenses unrelated to a student's academic course of instruction. ``(D) Eligible student.--For purposes of subparagraph (A), the term `eligible student' means a student who-- ``(i) meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(1)), as in effect on the date of the enactment of this section, and ``(ii) is carrying at least one-half the normal full-time work load for the course of study the student is pursuing, as determined by the institution of higher education. ``(E) Identification requirement.--No deduction shall be allowed under subsection (a) to a taxpayer with respect to an eligible student unless the taxpayer includes the name, age, and taxpayer identification number of such eligible student on the return of tax for the taxable year. ``(2) Institution of higher education.--The term `institution of higher education' means an institution which-- ``(A) is described in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088), as in effect on the date of the enactment of this section, and ``(B) is eligible to participate in programs under title IV of such Act. ``(d) Qualified Higher Education Loan.--For purposes of this section-- ``(1) In general.--The term `qualified higher education loan' means a loan which is-- ``(A) made, insured, or guaranteed by the Federal Government, ``(B) made by a State or a political subdivision of a State, ``(C) made from the proceeds of a qualified student loan bond under section 144(b), or ``(D) made by an institution of higher education (as defined in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a))). ``(2) Limitation.--The amount of interest on a qualified higher education loan which is taken into account under subsection (a)(2) shall not exceed the amount which bears the same ratio to such amount of interest as-- ``(A) the proceeds from such loan used for qualified higher education expenses, bears to ``(B) the total proceeds from such loan. For purposes of the preceding sentence, the term `qualified higher education expenses' shall be determined without regard to subsection (c)(1)(A)(i)(IV). ``(e) Special Rules.-- ``(1) No double benefit.-- ``(A) In general.--No deduction shall be allowed under subsection (a) for any expense for which a deduction is allowable to the taxpayer under any other provision of this chapter unless the taxpayer irrevocably waives his right to the deduction of such expense under such other provision. ``(B) Denial of deduction if credit elected.--No deduction shall be allowed under subsection (a) for a taxable year with respect to the qualified higher education expenses of an individual if the taxpayer elects to have section 25A apply with respect to such individual for such year. ``(C) Dependents.--No deduction shall be allowed under subsection (a) to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. ``(D) Coordination with exclusions.--A deduction shall be allowed under subsection (a) for qualified higher education expenses only to the extent the amount of such expenses exceeds the amount excludable under section 135 or 530(d)(2) for the taxable year. ``(2) Limitation on taxable year of deduction.-- ``(A) In general.--A deduction shall be allowed under subsection (a) for qualified higher education expenses for any taxable year only to the extent such expenses are in connection with enrollment at an institution of higher education during the taxable year. ``(B) Certain prepayments allowed.--Subparagraph (A) shall not apply to qualified higher education expenses paid during a taxable year if such expenses are in connection with an academic term beginning during such taxable year or during the first 3 months of the next taxable year. ``(3) Adjustment for certain scholarships and veterans benefits.--The amount of qualified higher education expenses otherwise taken into account under subsection (a) or (d)(2) with respect to the education of an individual shall be reduced (before the application of subsection (b)) by the sum of the amounts received with respect to such individual for the taxable year as-- ``(A) a qualified scholarship which under section 117 is not includable in gross income, ``(B) an educational assistance allowance under chapter 30, 31, 32, 34, or 35 of title 38, United States Code, or ``(C) a payment (other than a gift, bequest, devise, or inheritance within the meaning of section 102(a)) for educational expenses, or attributable to enrollment at an eligible educational institution, which is exempt from income taxation by any law of the United States. ``(4) No deduction for married individuals filing separate returns.--If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. ``(5) Nonresident aliens.--If the taxpayer is a nonresident alien individual for any portion of the taxable year, this section shall apply only if such individual is treated as a resident alien of the United States for purposes of this chapter by reason of an election under subsection (g) or (h) of section 6013. ``(6) Regulations.--The Secretary may prescribe such regulations as may be necessary or appropriate to carry out this section, including regulations requiring recordkeeping and information reporting.'' (b) Deduction Allowed in Computing Adjusted Gross Income.-- Paragraph (17) of section 62(a) of such Code is amended to read as follows: ``(17) Higher education expenses.--The deduction allowed by section 221.'' (c) Conforming Amendments.-- (1) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 221 and inserting the following new item: ``Sec. 221. Higher education expenses.'' (2) Section 6050S(e) of such Code is amended by striking ``section 221(e)(1)'' and inserting ``section 221(d)(1)''. (d) Effective Date.--The amendments made by this section shall apply to payments made after December 31, 1998.

Make College Affordable Act of 1999 - Amends the Internal Revenue Code to allow the deduction of qualified higher education expenses and interest on qualified higher education loans. Limits such deduction based on modified adjusted gross income.

{"src": "billsum_train", "title": "Make College Affordable Act of 1999"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``United Nations Accountability Act of 1997''. SEC. 2. PROHIBITION OF PAYMENT OF ARREARAGES TO UNITED NATIONS. Until a certification by the President of reforms in the United Nations under section 3 is transmitted to the Congress and the certification is approved by the Congress through enactment of a joint resolution in accordance with section 4, and notwithstanding any other provision of law, funds appropriated or otherwise made available for any fiscal year under ``Contributions to International Organizations'', ``Contributions for International Peacekeeping'', or any other account shall not be available for the payment of any assessed contribution of the United States for prior years to the United Nations. SEC. 3. CERTIFICATION BY THE PRESIDENT OF UNITED NATIONS REFORMS. The certification referred to in section 2 is a certification (with supporting documentation) by the President to the Congress that the United Nations has implemented all of the following reforms: (1) Assessed payment reformulation.-- (A) The assessed payment of the United States to the United Nations for each year has been lowered to 20 percent of the budget of the United Nations, or (B) The United Nations has reformulated each member state's assessed level to reflect each state's share of the total world gross national product. (2) Code of conduct.--The United Nations has implemented a code of conduct for all employees of the United Nations. The code of conduct shall specify that no United Nations official, including the Secretary General, shall be permitted to engage in business activities outside the United Nations, or provide any relative with access to United Nations procurement contracts, or take bribes, directly or indirectly, from individuals or corporations doing business with the United Nations or from United Nations member states or their representatives. (3) Inspector general of the united nations.--The Office of Inspector General of the United Nations has been strengthened as follows: (A) The United Nations has a truly independent office of inspector general to conduct and supervise objective audits, inspections, and investigations relating to programs and operations of the United Nations. The office shall be financed under a separate line item in the budget of the United Nations and shall function independently of the Secretary General. (B) The United Nations has an inspector general who is selected and elected by the General Assembly for a term of 3 years and whose appointment was made principally on the basis of the appointee's integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigation. The inspector general may be removed only for cause by the Secretary General with the approval of the General Assembly. (C) The inspector general is authorized to-- (i) make investigations and reports relating to the administration of the programs and operations of the United Nations; (ii) have access to all relevant records, documents, and other available materials relating to those programs and operations; and (iii) have direct and prompt access to any official of the United Nations. (D) The United Nations has fully implemented, and made available to all member states, procedures designed to protect the identity of, and prevent reprisals against, any employee of the United Nations making a complaint or disclosing information to, or cooperating in any investigation or inspection by, the inspector general. (E) The United Nations has fully implemented procedures designed to ensure compliance with recommendations of the inspector general. (F) The United Nations has required the inspector general to issue an annual report and has ensured that the annual report and all other relevant reports of the inspector general are made available to the member governments of the United Nations General Assembly without modification. (G) The United Nations is committed to providing sufficient budgetary resources to ensure the effective operation of the office of the inspector general. (4) Employee protection.--The existing United Nations grievance system has been thoroughly reformed to permit United Nations employees to hire outside counsel for taking their grievances up the United Nations grievance ladder to the top United Nations grievance appeals level. It should also be made amply clear for civil lawyers and judges in each member state that United Nations officials' immunity from civil process applies only to actions performed in the strict fulfillment of United Nations official duties and never to abuses in violation of an extensive United Nations code of conduct, United Nations employees having the right and option in such cases any time to exit the United Nations grievance process and sue in a civil court. (5) Procurement reforms.-- (A) The United Nations has implemented a system requiring at least 30 days prior notification for the submission of all qualified bid proposals on all United Nations procurement opportunities of more than $100,000 and a public announcement of the award of any contract of more than $100,000 (except in justified and documented emergencies). (B) To the extent practicable, notifications and announcements under subparagraph (A) are made in the Commerce Business Daily. (C) The procurement regulations of the United Nations prohibit punitive actions such as the suspension of contract eligibility for contractors who challenge contract awards or complain about delayed payments. (6) Whistleblower protection.--The United Nations has implemented whistleblower protection for employees of the United Nations that-- (A) protects employees who allege or report instances of fraud or mismanagement, and (B) the independent Office of the Inspector General has reviewed the policies and regulations under subparagraph (A) and determined, in writing, that they offer adequate safeguards against retaliation for such employees, and that the United Nations employee grievance system outlined in paragraph (4)(C)(ii) has been reformed and the reforms implemented. (7) No growth budget.--The United Nations has adopted a calendar year 2000-2001 biennial budget that requires no nominal growth, in dollars, in expenditures. (8) Downsizing.--The United Nations has continued to downsize the number of authorized employment positions, including a reduction of not less than 10 percent in the number of full-time permanent authorized employment positions from the number of such positions authorized on January 1, 1997. Acceptable downsizing may not include early detachment from United Nations service with full pay until retirement age is reached, nor may it include the hiring of consultants to replace employees detached early with full pay or those replaced by temporary employees on short-term contracts. (9) Salaries.--The United Nations has imposed a freeze on salaries of employees of the United Nations which allows only for annual increases not greater than any annual increase in the United States consumer price index. (10) Representation on advisory committee on administrative and budget questions.--The 8 member states which are the highest contributors to the budget of the United Nations shall be permanent members of the Advisory Committee on Administrative and Budget Questions. (11) Access to documents.--Require access by any member state of the United Nations Budget Committee (also known as the Fifth Committee) to any document concerning any United Nations program that involves expenditures. (12) Annual reauthorization of peace-keeping missions.--The United Nations requires an annual review and reauthorization of any peacekeeping missions by the United Nations Security Council. (13) Reimbursement for united states department of defense peacekeeping expenditures.--The United Nations has reimbursed the United States Department of Defense for voluntary contributions to United Nations peacekeeping missions and the United Nations and the United States have entered into an agreement that calls for United Nations reimbursement for any future voluntary contributions by the United States Department of Defense, whether they be financial, logistical, or material. (14) United states arrearages.--The United Nations and the United States have mutually determined an amount that will satisfy any and all arrearages of the United States in assessed contributions for prior years. (15) Nominations to security council.--All member states of the United Nations belong to a regional group that allows each member state to be nominated to the Security Council. (16) United nations taxes.--The United Nations has abandoned any effort to establish an international tax or any other international fee or assessment imposed by the United Nations (other than the assessed contributions of member states of the United Nations and associated organs). (17) Noninterference with religious belief, culture, or tradition.--Neither the United Nations nor any affiliated agency or entity is engaged in any program or activity that threatens to interfere with the religion, moral values, culture, or traditions of any person or group, except insofar as is strictly necessary for the protection of fundamental and internationally recognized human rights. SEC. 4. CONGRESSIONAL APPROVAL OF PRESIDENTIAL CERTIFICATION. (a) Terms of the Resolution.--For purposes of section 2, the term ``joint resolution'' means only a joint resolution which is enacted within the 30-legislative day period beginning on the date on which the President transmits the certification (and supporting documentation) to the Congress under this Act, and-- (1) which does not have a preamble; (2) the matter after the resolving clause of which is as follows: ``That Congress approves the certification of the President regarding reforms in the United Nations.''; and (3) the title of which is as follows: ``Joint resolution approving the certification of the President regarding reforms in the United Nations.''. (b) Referral.--A resolution described in subsection (a) that is introduced in the House of Representatives shall be referred to the Committee on International Relations and the Committee on Appropriations of the House of Representatives. A resolution described in subsection (a) introduced in the Senate shall be referred to the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (c) Discharge.--If the committee to which a resolution described in subsection (a) is referred has not reported such resolution (or an identical resolution) by the end of the 15 legislative-day period beginning on the date on which the President transmits the certification to the Congress under section 2, such committee shall be, at the end of such period, discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the House involved. (d) Consideration.--(1) On or after the third legislative day after the date on which the committee to which such a resolution is referred has reported, or has been discharged (under subsection (c)) from further consideration of, such a resolution, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution. A Member may make the motion only on the legislative day after the legislative day on which the Member announces to the House concerned the Member's intention to make the motion, except that, in the case of the House of Representatives, the motion may be made without such prior announcement if the motion is made by direction of the committee to which the resolution was referred. All points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the respective House shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the resolution shall remain the unfinished business of the respective House until disposed of. (2) Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the resolution. An amendment to the resolution is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (3) Immediately following the conclusion of the debate on a resolution described in subsection (a) and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution described in subsection (a) shall be decided without debate. (e) Consideration by Other House.--(1) If, before the passage by one House of a resolution of that House described in subsection (a), that House receives from the other House a resolution described in subsection (a), then the following procedures shall apply: (A) The resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii). (B) With respect to a resolution described in subsection (a) of the House receiving the resolution-- (i) the procedure in that House shall be the same as if no resolution had been received from the other House; but (ii) the vote on final passage shall be on the resolution of the other House. (2) Upon disposition of the resolution received from the other House, it shall no longer be in order to consider the resolution that originated in the receiving House. (f) Rules of the Senate and House.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. (g) Legislative Day Defined.--For the purposes of this section, the term ``legislative day'' means any calendar day other than a day on which either House is not in session.

United Nations Accountability Act of 1997 - Prohibits the payment of arrearages of U.S. contributions to the United Nations (UN) until the President certifies to, and a joint resolution is approved by, the Congress that the UN has implemented specified reforms, including: (1) a reformulation of the assessed U.S. payment to the UN; (2) implementation of a code of conduct for UN employees; (3) strengthening of the powers of the Office of Inspector General of the UN; (4) reform of the UN grievance system to permit UN employees to hire outside counsel; (5) implementation of certain reforms to UN procurement procedures; (6) whistleblower protection for UN employees; (7) adoption of a no growth biennial budget; (8) acceptable downsizing; (9) a freeze on UN employee salaries; (10) making the eight member states with the highest contributions to the UN permanent members of the Advisory Committee on Administrative and Budget Questions; (11) providing access by Budget Committee member states to certain expenditure documents; (12) requiring an annual review and reauthorization of any peacekeeping missions by the UN Security Council; (13) UN reimbursement for Department of Defense contributions to UN peacekeeping missions; (14) satisfaction of U.S. arrearages in contributions to the UN; (15) allowance of all member states to be nominated to the Security Council; (16) abandonment of UN efforts to establish an international tax; and (17) UN noninterference with any people's religion, moral values, culture, or traditions.

{"src": "billsum_train", "title": "United Nations Accountability Act of 1997"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Kids' Interest in Learning and Libraries Act'' or the ``SKILLS Act''. SEC. 2. REFERENCES. Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.). TITLE I--IMPROVING EDUCATION THROUGH SCHOOL LIBRARIES SEC. 101. AUTHORIZATION OF APPROPRIATIONS. Section 1002(b)(4) (20 U.S.C. 6302(b)(4)) is amended to read as follows: ``(4) Improving literacy through school libraries.--For the purpose of carrying out subpart 4 of part B, there are authorized to be appropriated such sums as may be necessary for fiscal year 2012 and for each of the 5 succeeding fiscal years.''. SEC. 102. STATE PLANS. Section 1111(b)(8) (20 U.S.C. 6311(b)(8)) is amended-- (1) in the matter preceding subparagraph (A), by inserting ``or include'' after ``describe''; (2) in subparagraph (D), by striking ``and'' after the semicolon; (3) by redesignating subparagraph (E) as subparagraph (F); and (4) by inserting after subparagraph (D) the following: ``(E) an assurance that the State educational agency will assist local educational agencies in developing effective school library programs to provide students an opportunity to develop digital literacy skills and the knowledge and skills described in the challenging academic content standards adopted by the State; and''. SEC. 103. LOCAL EDUCATIONAL AGENCY PLANS. Section 1112(c)(1) (20 U.S.C. 6312(c)(1)) is amended-- (1) in subparagraph (N), by striking ``and'' after the semicolon; (2) in subparagraph (O), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(P) assist each school served by the agency and assisted under this part in developing effective school library programs consistent with section 1111(b)(8)(E).''. SEC. 104. SCHOOLWIDE PROGRAMS. Section 1114(b)(1)(D) (20 U.S.C. 6314(b)(1)(D)) is amended by inserting ``school librarians,'' after ``teachers,''. SEC. 105. TARGETED ASSISTANCE PROGRAMS. Section 1115(c)(1)(F) (20 U.S.C. 6315(c)(1)(F)) is amended by inserting ``school librarians,'' after ``teachers,''. SEC. 106. IMPROVING LITERACY AND COLLEGE AND CAREER READINESS THROUGH EFFECTIVE SCHOOL LIBRARY PROGRAMS. Subpart 4 of part B of title I (20 U.S.C. 6383) is amended to read as follows: ``Subpart 4--Improving Literacy and College and Career Readiness Through Effective School Library Programs ``SEC. 1251. IMPROVING LITERACY AND COLLEGE AND CAREER READINESS THROUGH EFFECTIVE SCHOOL LIBRARY PROGRAMS. ``(a) Purpose.--The purpose of this subpart is to improve students' literacy skills and readiness for higher education and careers, by providing students with effective school library programs. ``(b) Definition of Eligible Entity.--In this section, the term `eligible entity' means-- ``(1) a local educational agency in which 20 percent of the students served by the local educational agency are from families with incomes below the poverty line; or ``(2) a consortia of such local educational agencies. ``(c) Reservation.--From the funds appropriated under section 1002(b)(4) for a fiscal year, the Secretary shall reserve-- ``(1) one-half of 1 percent to award assistance under this section to the Bureau of Indian Education to carry out activities consistent with the purpose of this subpart; and ``(2) one-half of 1 percent to award assistance under this section to the outlying areas according to their respective needs for assistance under this subpart. ``(d) Grants to Local Educational Agencies.-- ``(1) In general.--From amounts appropriated under section 1002(b)(4) and not reserved under subsection (c), the Secretary shall award grants, on a competitive basis, to eligible entities to enable such entities to carry out the authorized activities described in subsection (e). ``(2) Sufficient size and scope.--The Secretary shall award grants under this section of sufficient size and scope to allow the eligible entities to carry out effective school library programs for which the grant funds are provided. ``(3) Distribution.--The Secretary shall ensure that grants under this section are equitably distributed among the different geographic regions of the United States, and among eligible entities serving urban and rural areas. ``(4) Duration.--The Secretary shall award grants under this section for a period of 3 years. ``(5) Local applications.--An eligible entity desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall include, for each school that the eligible entity identifies as participating in a grant program under this section, the following information: ``(A) a needs assessment relating to the need for literacy improvement at all grade levels and the need for effective school library programs, based on the age and condition of school library resources, including-- ``(i) book collections; ``(ii) access to advanced technology; ``(iii) the availability of well-trained, State certified or licensed school librarians; and ``(iv) the current level of coordination and shared planning time among school librarians and classroom teachers; ``(B) a description of which grade spans will be served, and an assurance that funding will be distributed to serve students in elementary, middle, and high schools; ``(C) how the eligible entity will extensively involve school librarians, teachers, administrators, and parents in the activities assisted under this section, and the manner in which the eligible entity will carry out the activities described in subsection (e) using programs and materials that are grounded in scientifically valid research; ``(D) the manner in which the eligible entity will effectively coordinate the funds and activities provided under this section with Federal, State, and local funds and activities under this subpart and other literacy, library, technology, and professional development funds and activities, including those funded through the Institute of Museum and Library Services; and ``(E) the manner in which the eligible entity will collect and analyze data on the quality and impact of activities carried out under this section by schools served by the eligible entity. ``(e) Local Activities.--Funds under this section may be used to develop and enhance effective school library programs, which may include activities to-- ``(1) acquire up-to-date school library resources, including books and reading materials that-- ``(A) are appropriate for students in all grade levels to be served and for students with special learning needs, including students who are limited English proficient; and ``(B) engage the interest of readers at all reading levels; ``(2) acquire and use advanced technology, incorporated into the curricula of the school, to develop and enhance the digital literacy skills of students; ``(3) facilitate Internet links and other resource-sharing networks among schools and school libraries, and public and academic libraries, where possible; ``(4) provide-- ``(A) professional development in the acquisition of digital literacy skills and literacy instruction that is appropriate for all grades, including the assessment of student literacy needs, the coordination of reading and writing instruction across content areas, and training in literacy strategies in all content areas for school librarians; and ``(B) activities that foster increased collaboration among school librarians, teachers, and administrators; and ``(5) provide students with access to school libraries during nonschool hours, including the hours before and after school, during weekends, and during summer vacation periods. ``(f) Supplement Not Supplant.--Funds made available under this section shall be used to supplement, and not supplant, other Federal, State, and local funds expended to carry out activities relating to library, technology, or professional development activities. ``(g) Accountability and Reporting.--Each eligible entity that receives funds under this section for a fiscal year shall prepare and submit a report to the Secretary regarding how the funding was used and the extent to which the availability of, the access to, and the use of, up-to-date school library resources in the elementary schools and secondary schools served by the eligible entity was increased.''. TITLE II--PREPARING, TRAINING, AND RECRUITING HIGHLY EFFECTIVE TEACHERS, SCHOOL LIBRARIANS, AND PRINCIPALS SEC. 201. TEACHER, SCHOOL LIBRARIAN, AND PRINCIPAL TRAINING AND RECRUITING FUND. Title II (20 U.S.C. 6601 et seq.) is amended-- (1) in the title heading, by striking ``HIGH QUALITY TEACHERS AND PRINCIPALS'' and inserting ``HIGHLY EFFECTIVE TEACHERS, SCHOOL LIBRARIANS, AND PRINCIPALS''; and (2) in the part heading, by striking ``teacher and principal'' and inserting ``teacher, school librarian, and principal''. SEC. 202. PURPOSE. Section 2101(1) (20 U.S.C. 6601(1)) is amended to read as follows: ``(1) increase student achievement through strategies such as-- ``(A) improving teacher, school librarian, and principal quality; and ``(B) increasing the number of highly effective teachers in the classroom, highly effective school librarians in the library, and highly effective principals and assistant principals in the school; and''. SEC. 203. STATE APPLICATIONS. Section 2112(b)(4) (20 U.S.C. 6612(b)(4)) is amended by inserting ``, school librarians,'' before ``and principals''. SEC. 204. STATE USE OF FUNDS. Section 2113(c) (20 U.S.C. 6613(c)) is amended-- (1) in paragraph (4)-- (A) in the matter preceding subparagraph (A), by striking ``principals,'' and inserting ``highly effective school librarians, and highly qualified principals and''; and (B) in subparagraph (B), by striking ``, principals,'' and inserting ``, highly effective school librarians, and highly qualified principals''; and (2) in paragraph (6), by striking ``teachers and principals'' each place the term appears and inserting ``teachers, school librarians, and principals''. SEC. 205. LOCAL USE OF FUNDS. Section 2123(a) (20 U.S.C. 6623(a)) is amended by inserting after paragraph (8) the following: ``(9)(A) Developing and implementing strategies to assist in recruiting and retaining highly effective school librarians; and ``(B) providing appropriate professional development for school librarians, particularly related to skills necessary to assist students to improve the students' academic achievement, including digital literacy skills and preparation for higher education and careers.''. TITLE III--GENERAL PROVISIONS SEC. 301. DEFINITIONS. Section 9101 (20 U.S.C. 7801) is amended-- (1) by redesignating paragraphs (16), (17), and (18) through (43) as paragraphs (17), (18), and (20) through (45), respectively; (2) by inserting after paragraph (15) the following: ``(15) Digital literacy skills.--The term `digital literacy skills' has the meaning given the term in section 202 of the Museum and Library Services Act.''; and (3) by inserting after paragraph (18) (as redesignated by paragraph (1)) the following: ``(19) Effective school library program.--The term `effective school library program' means a school library program that-- ``(A) is staffed by a State certified or licensed school librarian; ``(B) has up-to-date books, materials, equipment, and technology (including broadband); ``(C) includes regular collaboration between classroom teachers and school librarians to assist with development and implementation of the curriculum and other school reform efforts; and ``(D) supports the development of digital literacy skills.''. SEC. 302. CONFORMING AMENDMENTS. (a) Table of Contents.--The table of contents in section 2 of the Act is amended-- (1) by striking the items relating to subpart 4 of part B of title I and inserting the following: ``subpart 4--improving literacy and college and career readiness through effective school library programs ``Sec. 1251. Improving literacy and college and career readiness through effective school library programs.''; (2) by striking the item relating to title II and inserting the following: ``TITLE II--PREPARING, TRAINING, AND RECRUITING HIGHLY EFFECTIVE TEACHERS, SCHOOL LIBRARIANS, AND PRINCIPALS''; and (3) by striking the item relating to part A of title II and inserting the following: ``PART A--Teacher, School Librarian, and Principal Training and Recruiting Fund.''.

Strengthening Kids' Interest in Learning and Libraries Act or SKILLS Act - Amends part A of title I of the Elementary and Secondary Education Act of 1965 (ESEA) to require the inclusion of effective school library programs in school improvement programs. Defines an "effective school library program" as one that: (1) is staffed by a state sanctioned school librarian; (2) has up-to-date materials and technology, including broadband; (3) includes regular collaboration between teachers and school librarians concerning school reform efforts; and (4) supports the development of digital literacy skills. Replaces the existing program under subpart 4 (Improving Literacy Through School Libraries) of part B of title I of the ESEA with a new program (Improving Literacy and College and Career Readiness Through Effective School Library Programs) awarding competitive three-year grants to local educational agencies (LEAs) to develop and enhance effective school library programs. Makes LEAs eligible for such grants only if at least 20% of their students are impoverished. Amends part A (Teacher and Principal Training and Recruiting Fund) of title II of the ESEA to rename part A the Teacher, School Librarian, and Principal Training and Recruiting Fund. Requires states and LEAs to use funds under the program to train school librarians, and recruit and retain highly effective school librarians.

{"src": "billsum_train", "title": "A bill to amend the Elementary and Secondary Education Act of 1965 regarding school libraries, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Farmers to Africa and the Caribbean Basin Act of 2001''. SEC. 2. FINDINGS. Congress finds the following: (1) Many African farmers and farmers in Caribbean Basin countries use antiquated techniques to produce their crops, which results in poor crop quality and low crop yields. (2) Many of these farmers are losing business to farmers in European and Asian countries who use advanced planting and production techniques and are supplying agricultural produce to restaurants, resorts, tourists, grocery stores, and other consumers in Africa and Caribbean Basin countries. (3) A need exists for the training of African farmers and farmers in Caribbean Basin countries and other developing countries in state-of-the-art farming techniques regarding standard growing practices, insecticide and sanitation procedures, and other farming methods that will produce increased yields of more nutritious and healthful crops. (4) African-American and other American farmers, including banking and insurance professionals, are a ready source of agribusiness expertise that would be invaluable for African farmers and farmers in Caribbean Basin countries. (5) A United States commitment is appropriate to support the development of a comprehensive agricultural skills training program for these farmers that focuses on-- (A) improving knowledge of insecticide and sanitation procedures to prevent crop destruction; (B) teaching modern farming techniques, including the identification and development of standard growing practices and the establishment of systems for recordkeeping, that would facilitate a continual analysis of crop production; (C) the use and maintenance of state-of-the-art farming equipment; (D) expansion of small farming operations into agribusiness enterprises through the development and use of village banking systems and the use of agricultural risk insurance pilot products, resulting in increased access to credit for these farmers; and (E) marketing crop yields to prospective purchasers (businesses and individuals) for local needs and export. (6) The participation of African-American and other American farmers and American agricultural farming specialists in such a training program promises the added benefit of improving access to African and Caribbean Basin markets for American farmers and United States farm equipment and products and business linkages for United States insurance providers offering agricultural risk insurance products and technical assistance. (7) Existing programs that promote the exchange of agricultural knowledge and expertise through the exchange of American and foreign farmers have been effective in promoting improved agricultural techniques and food security and thus the extension of additional resources to such farmer to farmer exchanges is warranted. SEC. 3. FARMERS FOR AFRICA AND CARIBBEAN BASIN PROGRAM. (a) Definitions.--In this section: (1) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (2) Agricultural farming specialist.--The term ``agricultural farming specialist'' means an individual trained to transfer information and technical support relating to agribusiness, food security, the mitigation and alleviation of hunger, the mitigation of agricultural and farm risk, maximization of crop yields, agricultural trade, and other needs specific to a geographical location as determined by the Secretary. (3) Eligible farmer.--The term ``eligible farmer'' means an individual owning or working on farm land (as defined by a particular country's laws relating to property) in the sub- Saharan region of the continent of Africa, in a Caribbean Basin country, or in any other developing country in which the Secretary determines there is a need for farming expertise or for information or technical support described in paragraph (2). (4) Caribbean basin country.--The term ``Caribbean basin country'' means a country eligible for designation as a beneficiary country under section 212 of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2702). (5) Program.--The term ``Program'' means the Farmers for Africa and Caribbean Basin Program established under this section. (b) Establishment of Program.--The Secretary shall establish a grant program, to be known as the ``Farmers for Africa and Caribbean Basin Program'', to assist eligible organizations in carrying out bilateral exchange programs whereby African-American and other American farmers and American agricultural farming specialists share technical knowledge with eligible farmers regarding-- (1) maximization of crop yields; (2) use of agricultural risk insurance as financial tools and a means of risk management (as allowed by Annex II of the World Trade Organization rules); (3) expansion of trade in agricultural products; (4) enhancement of local food security; (5) the mitigation and alleviation of hunger; and (6) other ways to improve farming in countries in which there are eligible farmers. (c) Eligible Grantees.--The Secretary may make a grant under the Program to-- (1) a college or university, including a historically black college or university, or a foundation maintained by a college or university; and (2) a private organization or corporation, including grassroots organizations, with an established and demonstrated capacity to carry out such a bilateral exchange program. (d) Terms of Program.--(1) It is the goal of the Program that at least 1,000 farmers participate in the training program by December 31, 2005, of which at least 800 will be African farmers or farmers in Caribbean Basin countries and 200 will be American farmers. (2) Training under the Program will be provided to eligible farmers in groups to ensure that information is shared and passed on to other eligible farmers. Eligible farmers will be trained to be specialists in their home communities and will be encouraged not to retain enhanced farming technology for their own personal enrichment. (3) Through partnerships with American businesses, the Program will utilize the commercial industrial capability of businesses dealing in agriculture to train eligible farmers on state-of-the-art equipment and to introduce eligible farmers to the use of insurance as a risk management tool. (e) Selection of Participants.--(1) The selection of eligible farmers, as well as African-American and other American farmers and agricultural farming specialists, to participate in the Program shall be made by grant recipients using an application process approved by the Secretary. (2) Participating farmers must meet certain educational requirements and targets regarding the productivity of their farm or agribusiness. (f) Grant Period.--The Secretary may make grants under the Program during a period of 5 years beginning on October 1 of the first fiscal year for which funds are made available to carry out the Program. (g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2002 through 2006.

Farmers to Africa and the Caribbean Basin Act of 2001 - Directs the Secretary of Agriculture to establish the Farmers for Africa and Caribbean Basin Program to provide grants for exchange programs with African-American and other American farmers and other agricultural specialists and (sub-Saharan) African, Caribbean Basin, and other developing-nation farmers.

{"src": "billsum_train", "title": "To supplement current activities in the exchange of agricultural and farming expertise by establishing a grant program to support bilateral exchange programs whereby African American and other American farmers share technical knowledge with African and Caribbean Basin farmers regarding maximization of crop yields, use of risk management tools, expansion of agricultural trade, use of new financial instruments to increase access to credit, and other ways to improve farming methods, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``President John F. Kennedy Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) John Fitzgerald Kennedy served in the United States Navy, earning the Navy and Marine Corps Medal and a Purple Heart for his actions following the sinking of PT-109 during World War II; (2) John Fitzgerald Kennedy served honorably in the United States House of Representatives from 1947 to 1953; (3) John Fitzgerald Kennedy served honorably in the United States Senate from 1953 to 1960; (4) in 1960, at 43 years of age, John Fitzgerald Kennedy became the youngest person ever elected President of the United States; (5) in his inaugural address, President Kennedy challenged all people of the United States to ``ask not what your country can do for you--ask what you can do for your country''; (6) President Kennedy's call to service laid the foundation for the development of the Peace Corps; (7) President Kennedy again challenged the United States to put a man on the moon by the end of the 1960s and his ``moonshot'' is credited for spurring an interest in science and innovation; (8) 2017 marks the 100th anniversary of the birth of President Kennedy, the 35th President of the United States; and (9) a commemorative coin honoring President Kennedy's legacy of courage, service, innovation, and inclusion will be a reminder to future generations of the importance of service to one's country. SEC. 3. COIN SPECIFICATIONS. (a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 500,000 $1 coins in commemoration of President John F. Kennedy, which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain not less than 90 percent silver. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the life and legacy of President John F. Kennedy. (2) Design and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year 2020; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the John F. Kennedy Library Foundation and the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2020. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f)(1) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the John F. Kennedy Library Foundation, to support the John F. Kennedy Presidential Library and Museum. (c) Limitations.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection.

President John F. Kennedy Commemorative Coin Act This bill directs the Department of the Treasury to mint and issue not more than 500,000 $1 silver coins in commemoration of President John F. Kennedy. The bill requires all sales of such coins to include a surcharge of $10 per coin, which shall be paid by Treasury to the John F. Kennedy Library Foundation to support the John F. Kennedy Presidential Library and Museum.

{"src": "billsum_train", "title": "President John F. Kennedy Commemorative Coin Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Corporate Patriot Enforcement Act of 2002''. SEC. 2. PREVENTION OF CORPORATE EXPATRIATION TO AVOID UNITED STATES INCOME TAX. (a) In General.--Paragraph (4) of section 7701(a) of the Internal Revenue Code of 1986 (defining domestic) is amended to read as follows: ``(4) Domestic.-- ``(A) In general.--Except as provided in subparagraph (B), the term `domestic' when applied to a corporation or partnership means created or organized in the United States or under the law of the United States or of any State unless, in the case of a partnership, the Secretary provides otherwise by regulations. ``(B) Certain corporations treated as domestic.-- ``(i) In general.--The acquiring corporation in a corporate expatriation transaction shall be treated as a domestic corporation. ``(ii) Corporate expatriation transaction.--For purposes of this subparagraph, the term `corporate expatriation transaction' means any transaction if-- ``(I) a nominally foreign corporation (referred to in this subparagraph as the `acquiring corporation') acquires, as a result of such transaction, directly or indirectly substantially all of the properties held directly or indirectly by a domestic corporation, and ``(II) immediately after the transaction, more than 80 percent of the stock (by vote or value) of the acquiring corporation is held by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation. ``(iii) Lower stock ownership requirement in certain cases.--Subclause (II) of clause (ii) shall be applied by substituting `50 percent' for `80 percent' with respect to any nominally foreign corporation if-- ``(I) such corporation does not have substantial business activities (when compared to the total business activities of the expanded affiliated group) in the foreign country in which or under the law of which the corporation is created or organized, and ``(II) the stock of the corporation is publicly traded and the principal market for the public trading of such stock is in the United States. ``(iv) Partnership transactions.--The term `corporate expatriation transaction' includes any transaction if-- ``(I) a nominally foreign corporation (referred to in this subparagraph as the `acquiring corporation') acquires, as a result of such transaction, directly or indirectly properties constituting a trade or business of a domestic partnership, ``(II) immediately after the transaction, more than 80 percent of the stock (by vote or value) of the acquiring corporation is held by former partners of the domestic partnership (determined without regard to stock of the acquiring corporation which is sold in a public offering related to the transaction), and ``(III) the acquiring corporation meets the requirements of subclauses (I) and (II) of clause (iii). ``(v) Special rules.--For purposes of this subparagraph-- ``(I) a series of related transactions shall be treated as 1 transaction, and ``(II) stock held by members of the expanded affiliated group which includes the acquiring corporation shall not be taken into account in determining ownership. ``(vi) Other definitions.--For purposes of this subparagraph-- ``(I) Nominally foreign corporation.--The term `nominally foreign corporation' means any corporation which would (but for this subparagraph) be treated as a foreign corporation. ``(II) Expanded affiliated group.-- The term `expanded affiliated group' means an affiliated group (as defined in section 1504(a) without regard to section 1504(b)).'' (b) Effective Dates.-- (1) In general.--The amendment made by this section shall apply to corporate expatriation transactions completed after September 11, 2001. (2) Special rule.--The amendment made by this section shall also apply to corporate expatriation transactions completed on or before September 11, 2001, but only with respect to taxable years of the acquiring corporation beginning after December 31, 2003.

Corporate Patriot Enforcement Act of 2002 - Amends the Internal Revenue Code by determining that acquiring corporations in"corporate 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.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to prevent corporations from avoiding the United States income tax by reincorporating in a foreign country."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Critical Access Hospitals for Veterans Act'' or the ``CAHV Act''. SEC. 2. CARE TO VETERANS AT CRITICAL ACCESS HOSPITALS. (a) Agreement Between HHS and VA.-- (1) In general.--Chapter 17 of title 38, United States Code, is amended by inserting after section 1703 the following new section: ``Sec. 1703A. Care at critical access hospitals ``(a) Furnishing of Care.--At the election of a veteran enrolled in the health care system established under section 1705(a) of this title, hospital care and medical services shall be furnished at critical access hospitals to the veteran pursuant to the agreement described in subsection (b)(1). ``(b) Agreement.--(1) The agreement described in this paragraph is an agreement entered into by the Secretary of Veterans Affairs and the Secretary of Health and Human Services under which-- ``(A) the Secretary of Health and Human Services, acting through the Centers for Medicare & Medicaid Services, shall, notwithstanding any other provision of law-- ``(i) ensure that a critical access hospital may submit claims to the Centers for Medicare & Medicaid Services for hospital care and medical services that are inpatient critical access hospital services and outpatient critical access hospital services (as such terms are defined in paragraphs (2) and (3), respectively, of section 1861(mm) of the Social Security Act (42 U.S.C. 1395x(mm))) furnished to a veteran under subsection (a); and ``(ii) subject to paragraphs (2) and (3), provide payment to such critical access hospital for such services furnished to such veteran in the same manner and at 100 percent of the payment rate as would otherwise be made to such critical access hospital (including any cost-sharing obligation that would otherwise apply) if such services were furnished to an individual entitled to benefits under part A of title XVIII of the Social Security Act or enrolled under part B of such Act, as applicable; and ``(B) not later than 30 days after the Secretary of Health and Human Services provides such payment to such critical access hospital, the Secretary of Veterans Affairs shall reimburse the Secretary of Health and Human Services an amount equal to-- ``(i) the payment provided to the critical access hospital pursuant to subparagraph (A) with respect to such services described in such subparagraph furnished to such veteran, minus ``(ii) any portion of such payment for such services furnished to such veteran for which payment would otherwise be made under title XVIII of such Act (including any cost-sharing obligation that would otherwise apply) with respect to such veteran, without application of this subsection, and which would not otherwise be provided pursuant to this chapter. ``(2) In the case of care or services furnished to a veteran by a critical access hospital for which payment would not be made under title XVIII of the Social Security Act if such veteran were an individual entitled to benefits under part A of such title or enrolled under part B, as applicable, the Secretary of Veterans Affairs and the Secretary of Health and Human Services shall jointly determine the payment to be made under paragraph (1)(A) to such critical access hospital for such care or services furnished to such veteran. Subparagraphs (A)(i) and (B) of paragraph (1) shall apply with respect to such care and services and any payments made pursuant to the previous sentence, respectively, in the same manner as such subparagraphs apply to services described in and payments made under subparagraph (A)(ii) of such paragraph. ``(3) In the case of services described in paragraph (1)(B)(ii) furnished to a veteran for which payment would otherwise be made under title XVIII of the Social Security Act, any cost-sharing obligation otherwise applicable to such veteran under such title with respect to such services shall apply. ``(c) Eligibility.--A veteran shall be eligible for the hospital care and medical services furnished under subsection (a) if the veteran presents to a critical access hospital and provides the critical access hospital with any document issued by the Department of Veterans Affairs that describes the enrollment of the veteran in the health care system established under section 1705(a) of this title, including an identification card described in section 5706(f) of this title or a Veterans Choice Card described in section 101(f) of the Veterans Access, Choice, and Accountability Act of 2014 (38 U.S.C. 1701 note). ``(d) Care Provided.--The hospital care and medical services furnished to a veteran under subsection (a) shall be the care or services the eligible veteran is eligible to receive under this chapter. ``(e) Medical Records.--The Secretary of Veterans Affairs shall provide to a critical access hospital the medical records of a veteran being treated by such hospital if such hospital requests such records. To the extent practicable, the Secretary shall provide such records electronically. ``(f) Costs to Veterans.--Any copayments or other charges that the Secretary may collect from a veteran or third party pursuant to this chapter for hospital care or medical services furnished to a veteran at a non-Department facility shall apply to care or services furnished to the veteran under subsection (a). ``(g) Reports.--During the five-year period beginning on the date of the enactment of this section, and from time to time thereafter, the Secretary of Veterans Affairs, in consultation with the Secretary of Health and Human Services, shall submit to the Committees on Veterans' Affairs and Energy and Commerce of the House of Representatives and the Committees on Veteran's Affairs and Health, Education, Labor, and Pensions of the Senate an annual report on the hospital care and medical services furnished under subsection (a). Each such report shall explain how furnishing such care and services under subsection (a) affects the following: ``(1) The resources of the Department of Veterans Affairs. ``(2) The costs incurred by veterans to receive such care and services. ``(3) The amount of time a veteran must wait to receive hospital care and services. ``(h) Critical Access Hospital Defined.--In this section, the term `critical access hospital' means a hospital designated or certified as a critical access hospital pursuant to section 1820 of the Social Security Act (42 U.S.C. 1395i-4).''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1703 the following new item: ``1703A. Care at critical access hospitals.''. (b) Medicare Condition of Participation.--Section 1820(e) of the Social Security Act (42 U.S.C. 1395i-4(e)) is amended-- (1) in paragraph (2), by striking at the end ``and''; (2) by redesignating paragraph (3) as paragraph (4); and (3) by inserting after paragraph (2) the following new paragraph: ``(3) agrees to furnish items and services to veterans in accordance with the agreement entered into between the Secretary and the Secretary of Veterans Affairs under section 1703A of title 38, United States Code; and''.

Critical Access Hospitals for Veterans Act or the CAHV Act This bill directs the Department of Veterans Affairs (VA) to provide eligible requesting veterans who are enrolled in the VA health care system with hospital care and medical services at critical access hospitals pursuant to an agreement between the VA and the Department of Health and Human Services.

{"src": "billsum_train", "title": "CAHV Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Kids and Cars Act of 2005''. (a) Incorporation of Child Dummies in Safety Tests.-- (1) Review process required.--Not later than 2 years after the date of the enactment of this Act, the Administrator of the National Highway Traffic Safety Administration shall conduct a review process to increase utilization of child dummies, including Hybrid-III child dummies, in motor vehicle safety tests, including crash tests, conducted by the Administration. (2) Criteria.--In conducting the review process under subsection (a), the Administrator shall select motor vehicle safety tests in which the inclusion of child dummies will lead to-- (A) increased understanding of crash dynamics with respect to children; and (B) measurably improved child safety. (3) Public input.--The Secretary of Transportation shall solicit and consider input from the public regarding the review process under paragraph (1). (4) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall publish a report regarding the implementation of this section. The report shall include information regarding the current status of the Hybrid- III 10 year old child test dummy. (b) Child Safety Information Programs.-- (1) In general.--Not later than 18 months after the date of the enactment of this Act, the Secretary of Transportation shall supplement ongoing consumer information programs relating to child safety with information regarding hazards to children in nontraffic, noncrash accident situations. (2) Activities to supplement information.--In supplementing such programs, the Secretary shall-- (A) utilize information collected in the database maintained under subsection (e) regarding nontraffic, noncrash injuries, as well as other relevant data from private organizations, to establish priorities for the program; (B) address ways in which parents can mitigate dangers to small children arising from preventable causes, including backover incidents, hyperthermia in closed vehicles, and accidental activation of power windows; (C) partner with national child safety research organizations and other interested organizations with respect to the delivery of program information; and (D) make information related to child safety available to the public via the Internet and other means. (c) Report on Vehicle Visibility.--Not later than 2 years after the date of the enactment of this Act, the Secretary of Transportation shall submit a report to Congress on the extent to which driver visibility of the area immediately surrounding light passenger vehicles and obstructions to such visibility affect pedestrian safety, including the safety of infants and small children, in nontraffic, noncrash situations. (d) Report on Enhanced Vehicle Safety Technologies.--Not later than 18 months after the date of the enactment of this Act, the Secretary of Transportation shall submit to Congress a report that describes, evaluates, and determines the relative effectiveness of-- (1) currently available and emerging technologies, including auto-reverse functions, that are designed to prevent and reduce the number of injuries and deaths to children left unattended inside parked motor vehicles, including injuries and deaths that result from hyperthermia or are related to power windows or power sunroofs; and (2) currently available and emerging technologies that are designed to prevent deaths and injuries to small children resulting from vehicle blind spots and backover incidents. (e) Database on Injuries and Deaths in Nontraffic, Noncrash Events.-- (1) In general.--The Secretary of Transportation shall maintain a database of, and regularly collect data regarding, injuries and deaths in nontraffic, noncrash events involving motor vehicles. The database shall include information regarding-- (A) the number, types, and proximate causes of injuries and deaths resulting from such events; (B) the characteristics of motor vehicles involved in such events; (C) the characteristics of the motor vehicle operators and victims involved in such events; and (D) the presence or absence in motor vehicles involved in such events of advanced technologies designed to prevent such injuries and deaths. (2) Regulations.--The Secretary shall prescribe regulations regarding how to structure and compile the database. The Secretary shall solicit and consider input from the public regarding data collection procedures and the structure of the database maintained under paragraph (1). (3) Deadlines.--The Secretary shall-- (A) complete the prescription of regulations and the consideration of public input under paragraph (2) not later than September 1, 2006; and (B) commence the collection of data under paragraph (1) not later than January 1, 2007. (4) Availability.--The Secretary shall make the database maintained under paragraph (1) available to the public.

Safe Kids and Cars Act of 2005 - Directs the Administrator of the National Highway Traffic Safety Administration to conduct a review process to increase utilization of child dummies in motor vehicle safety tests. Directs the Secretary of Transportation to: (1) supplement ongoing consumer information programs relating to child safety with information regarding hazards to children in nontraffic, noncrash accident situations; (2) submit a report to Congress on the extent to which driver visibility of the area surrounding light passenger vehicles and obstructions to such visibility affect pedestrian safety in nontraffic, noncrash situations; (3) report to Congress on enhanced vehicle safety technologies, including auto-reverse functions; and (4) maintain and make public a database of injuries and deaths in nontraffic, noncrash events involving motor vehicles.

{"src": "billsum_train", "title": "A bill to improve child safety in motor vehicles."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Savings for American Families' Future Act of 2009''. SEC. 2. MODIFICATION OF SAVER'S CREDIT. (a) 50 Percent Credit for All Taxpayers: Expansion of Phaseout Ranges.--Subsection (b) of section 25B of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Applicable Percentage.--For purposes of this section-- ``(1) In general.--Except as provided in paragraph (2), the applicable percentage is 50 percent. ``(2) Phaseout.--The percentage under paragraph (1) shall be reduced (but not below zero) by the number of percentage points which bears the same ratio to 50 percentage points as-- ``(A) the excess of-- ``(i) the taxpayer's adjusted gross income for such taxable year, over ``(ii) the applicable dollar amount, bears to ``(B) the phaseout range. If any reduction determined under this paragraph is not a whole percentage point, such reduction shall be rounded to the nearest whole percentage point. ``(3) Applicable dollar amount; phaseout range.-- ``(A) Joint returns.--Except as provided in subparagraph (B)-- ``(i) the applicable dollar amount is $65,000, and ``(ii) the phaseout range is $20,000. ``(B) Other returns.--In the case of-- ``(i) a head of a household (as defined in section 2(b)), the applicable dollar amount and the phaseout range shall be \3/4\ of the amounts applicable under subparagraph (A) (as adjusted under paragraph (4)), and ``(ii) any taxpayer who is not filing a joint return and who is not a head of a household (as so defined), the applicable dollar amount and the phaseout range shall be \1/2\ of the amounts applicable under subparagraph (A) (as so adjusted). ``(4) Inflation adjustment of applicable dollar amount.--In the case of any taxable year beginning in a calendar year after 2010, the dollar amount in paragraph (3)(A)(i) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2009' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $500.''. (b) Credit Made Refundable; Matching Contributions.-- (1) Credit made refundable.--The Internal Revenue Code of 1986 is amended by moving section 25B to subpart C of part IV of subchapter A of chapter 1 of such Code (relating to refundable credits), by inserting section 25B after section 36A, and by redesignating section 25B as section 36B. (2) Matching contributions.--Subsection (g) of section 36B of such Code, as redesignated by paragraph (1), is amended to read as follows: ``(g) Matching Contributions.-- ``(1) In general.--The credit allowed to an eligible individual under this section for any taxable year shall be twice the credit which would (but for this subsection) be allowed if-- ``(A) the individual consents to the application of paragraph (2), and ``(B) a designation by such individual is in effect for such year under paragraph (3). ``(2) Credit paid into designated retirement account.--Any increase in credit under paragraph (1) for any taxable year shall be paid by the Secretary into the designated retirement account of the individual for such year. The amount payable under the preceding sentence shall be subject to the reductions under section 6402 in the same manner as if such amount were an overpayment. The amount so paid shall be treated as refunded to such individual. ``(3) Designated retirement account.--For purposes of this subsection, the term `designated retirement account' means any account or plan-- ``(A) of a type to which qualified retirement savings contributions may be made, ``(B) which is for such individual's benefit, and ``(C) which is designated by such individual (in such form and manner as the Secretary may provide) on the return of tax for the taxable year. ``(4) Treatment of matching contributions.--In the case of an amount paid under paragraph (2) into a designated retirement account-- ``(A) any dollar limitation otherwise applicable to the amount of contributions or deferrals to such account shall be increased by the amount so paid, ``(B) the individual's basis in such account shall not be increased by reason of the amount so paid, and ``(C) such amount shall be treated as an employer contribution for purposes of-- ``(i) section 401(k)(3), and ``(ii) section 408(k)(6)(A)(iii).''. (3) Conforming amendments.-- (A) Sections 24(b)(3)(B), 25(e)(1)(C), 26(a)(1), and 1400C(d) of such Code are each amended by striking ``25B,''. (B) The last sentence of section 25A(i)(5) of such Code is amended by striking ``25B'' and inserting ``36B''. (C) Sections 904(i) of such Code is amended by striking ``23, 24, and 25B,'' and inserting ``23 and 24''. (D) Section 6211(b)(4)(A) of such Code is amended by inserting ``36B,'' after ``36A,''. (E) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 25B. (F) The table of sections for subpart C of such part is amended by adding at the end the following new item: ``Sec. 36B. Elective deferrals and IRA contributions by certain individuals.''. (G) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``36B,'' after ``36A,''. (c) Maximum Contributions.-- (1) Subsection (a) of section 36B of such Code, as redesignated by subsection (b), is amended to read as follows: ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the applicable percentage of so much of the qualified retirement savings contributions of the eligible individual for the taxable year as do not exceed the contribution limit. ``(2) Contribution limit.--For purposes of paragraph (1)-- ``(A) In general.--Except as otherwise provided in this paragraph, the contribution limit is $500 ($1,500 for taxable years beginning after 2020). ``(B) Annual increases to reach $1,500.--In the case of taxable years beginning in a calendar year after 2010 and before 2021, the contribution limit shall be the sum of-- ``(i) the contribution limit for taxable years beginning in the preceding calendar year (as increased under this subparagraph), and ``(ii) $100. ``(C) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2020, the $1,500 amount in subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2019' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $50.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009.

Savings for American Families' Future Act of 2009 - Amends the Internal Revenue Code to: (1) increase the rate of the tax credit for retirement savings contributions; (2) make such credit refundable; and (3) direct the Secretary of the Treasury to pay matching credit amounts into taxpayer retirement accounts.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to expand the availability of the saver's credit, to make the credit refundable, and to make Federal matching contributions into the retirement savings of the taxpayer."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Parkinson's Research Act of 1997''. SEC. 2. FINDING AND PURPOSE. (a) Finding.--Congress finds that to take full advantage of the tremendous potential for finding a cure or effective treatment for Parkinson's disease, the Federal investment in Parkinson's must be expanded, as well as the coordination strengthened among the National Institutes of Health research institutes. (b) Purpose.--It is the purpose of this Act to provide for the expansion and coordination of research regarding Parkinson's, and to improve care and assistance for afflicted individuals and their family caregivers. SEC. 3. PARKINSON'S RESEARCH. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following: ``parkinson's disease ``Sec. 409B. (a) In General.--The Director of NIH shall establish a program for the conduct and support of research and training with respect to Parkinson's disease (subject to the extent of amounts appropriated under subsection (e)). ``(b) Inter-Institute Coordination.-- ``(1) In general.--The Director of NIH shall provide for the coordination of the program established under subsection (a) among all of the national research institutes conducting Parkinson's research. ``(2) Conference.--Coordination under paragraph (1) shall include the convening of a research planning conference not less frequently than once every 2 years. Each such conference shall prepare and submit to the Committee on Appropriations and the Committee on Labor and Human Resources of the Senate and the Committee on Appropriations and the Committee on Commerce of the House of Representatives a report concerning the conference. ``(c) Morris K. Udall Research Centers.-- ``(1) In general.--The Director of NIH shall award Core Center Grants to encourage the development of innovative multidisciplinary research and provide training concerning Parkinson's. The Director shall award not more than 10 Core Center Grants and designate each center funded under such grants as a Morris K. Udall Center for Research on Parkinson's Disease. ``(2) Requirements.-- ``(A) In general.--With respect to Parkinson's, each center assisted under this subsection shall-- ``(i) use the facilities of a single institution or a consortium of cooperating institutions, and meet such qualifications as may be prescribed by the Director of the NIH; and ``(ii) conduct basic and clinical research. ``(B) Discretionary requirements.--With respect to Parkinson's, each center assisted under this subsection may-- ``(i) conduct training programs for scientists and health professionals; ``(ii) conduct programs to provide information and continuing education to health professionals; ``(iii) conduct programs for the dissemination of information to the public; ``(iv) separately or in collaboration with other centers, establish a nationwide data system derived from patient populations with Parkinson's, and where possible, comparing relevant data involving general populations; ``(v) separately or in collaboration with other centers, establish a Parkinson's Disease Information Clearinghouse to facilitate and enhance knowledge and understanding of Parkinson's disease; and ``(vi) separately or in collaboration with other centers, establish a national education program that fosters a national focus on Parkinson's and the care of those with Parkinson's. ``(3) Stipends regarding training programs.--A center may use funds provided under paragraph (1) to provide stipends for scientists and health professionals enrolled in training programs under paragraph (2)(B). ``(4) Duration of support.--Support of a center under this subsection may be for a period not exceeding five years. Such period may be extended by the Director of NIH for one or more additional periods of not more than five years if the operations of such center have been reviewed by an appropriate technical and scientific peer review group established by the Director and if such group has recommended to the Director that such period should be extended. ``(d) Morris K. Udall Awards for Excellence in Parkinson's Disease Research.--The Director of NIH shall establish a grant program to support investigators with a proven record of excellence and innovation in Parkinson's research and who demonstrate potential for significant future breakthroughs in the understanding of the pathogensis, diagnosis, and treatment of Parkinson's. Grants under this subsection shall be available for a period of not to exceed 5 years. ``(e) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $100,000,000 for fiscal year 1998, and such sums as may be necessary for each of the fiscal years 1999 and 2000. ``(f) Limitation on Use of Certain Funds of Public Health Service.--Notwithstanding any other provision of law, none of the amounts made available under this Act may be expended for any research that uses human fetal tissue, cells, or organs obtained from a living or dead human embryo or fetus during or after an induced abortion, or for any therapeutic application for Parkinson's that uses such human fetal tissue, cells, or organs. This subsection does not apply to human fetal tissue, cells, or organs obtained from a spontaneous abortion or an ectopic pregnancy.''.

Parkinson's Research Act of 1997 - Amends the Public Health Service Act to mandate a program in the National Institutes of Health to conduct and support research and training on Parkinson's disease. Requires: (1) the convening of a research planning conference at least every two years; (2) the awarding of Core Center Grants to encourage innovative multidisciplinary research and training on Parkinson's (designating each recipient as a Morris K. Udall Center for Research on Parkinson's Disease); and (3) a grant program to support investigators with a proven record who demonstrate potential for breakthroughs in understanding the pathogenesis, diagnosis, and treatment of Parkinson's. Authorizes appropriations. Prohibits using any amounts under this Act for any research or therapeutic application that uses human fetal tissue, cells, or organs obtained from a living or dead human embryo or fetus during or after an induced abortion.

{"src": "billsum_train", "title": "Parkinson's Research Act of 1997"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Election Integrity Act of 2006'' . SEC. 2. REQUIRING VOTERS TO PROVIDE PHOTO IDENTIFICATION. (a) Requirement to Provide Photo Identification as Condition of Receiving Ballot.--Section 303(b) of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)) is amended-- (1) in the heading, by striking ``for Voters Who Register by Mail'' and inserting ``for Providing Photo Identification''; and (2) by striking paragraphs (1) through (3) and inserting the following: ``(1) Individuals voting in person.-- ``(A) Requirement to provide identification.-- Notwithstanding any other provision of law and except as provided in subparagraph (B), the appropriate State or local election official may not provide a ballot for an election for Federal office to an individual who desires to vote in person unless the individual presents to the official-- ``(i) a government-issued, current, and valid photo identification; or ``(ii) in the case of the regularly scheduled general election for Federal office held in November 2010 and each subsequent election for Federal office, a government- issued, current, and valid photo identification for which the individual was required to provide proof of United States citizenship as a condition for the issuance of the identification. ``(B) Availability of provisional ballot.--If an individual does not present the identification required under subparagraph (A), the individual shall be permitted to cast a provisional ballot with respect to the election under section 302(a), except that the appropriate State or local election official may not make a determination under section 302(a)(4) that the individual is eligible under State law to vote in the election unless the individual presents the identification required under subparagraph (A) to the official not later than 48 hours after casting the provisional ballot. ``(2) Individuals voting other than in person.-- ``(A) In general.--Notwithstanding any other provision of law and except as provided in subparagraph (B), the appropriate State or local election official may not accept any ballot for an election for Federal office provided by an individual who votes other than in person unless the individual submits with the ballot-- ``(i) a copy of a government-issued, current, and valid photo identification; or ``(ii) in the case of the regularly scheduled general election for Federal office held in November 2010 and each subsequent election for Federal office, a copy of a government-issued, current, and valid photo identification for which the individual was required to provide proof of United States citizenship as a condition for the issuance of the identification. ``(B) Exception for overseas military voters.-- Subparagraph (A) does not apply with respect to a ballot provided by an absent uniformed services voter who, by reason of active duty or service, is absent from the United States on the date of the election involved. In this subparagraph, the term `absent uniformed services voter' has the meaning given such term in section 107(1) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff--6(1)), other than an individual described in section 107(1)(C) of such Act. ``(3) Specific requirements for identifications.--For purposes of paragraphs (1) and (2)-- ``(A) an identification is `government-issued' if it is issued by the Federal Government or by the government of a State; and ``(B) an identification is one for which an individual was required to provide proof of United States citizenship as a condition for issuance if the identification displays an official marking or other indication that the individual is a United States citizen.''. (b) Conforming Amendments.--Section 303 of such Act (42 U.S.C. 15483) is amended-- (1) in the heading, by striking ``for voters who register by mail'' and inserting ``for providing photo identification''; and (2) in subsection (c), by striking ``subsections (a)(5)(A)(i)(II) and (b)(3)(B)(i)(II)'' and inserting ``subsection (a)(5)(A)(i)(II)''. (c) Clerical Amendment.--The table of contents of such Act is amended by amending the item relating to section 303 to read as follows: ``Sec. 303. Computerized statewide voter registration list requirements and requirements for providing photo identification.''. (d) Effective Date.-- (1) In general.--This section and the amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2008 and each subsequent election for Federal office. (2) Conforming amendment.--Section 303(d)(2) of such Act (42 U.S.C. 15483(d)(2)) is amended to read as follows: ``(2) Requirement to provide photo identification.-- Paragraphs (1) and (2) of subsection (b) shall apply with respect to the regularly scheduled general election for Federal office held in November 2008 and each subsequent election for Federal office.''. SEC. 3. MAKING PHOTO IDENTIFICATIONS AVAILABLE. (a) Requiring States to Make Identification Available.--Section 303(b) of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)), as amended by section 2(a)(2), is amended-- (1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6); and (2) by inserting after paragraph (3) the following new paragraph: ``(4) Making photo identifications available.-- ``(A) In general.--During fiscal year 2008 and each succeeding fiscal year, each State shall establish a program to provide photo identifications which may be used to meet the requirements of paragraphs (1) and (2) by individuals who desire to vote in elections held in the State but who do not otherwise possess a government-issued photo identification. ``(B) Identifications provided at no cost to indigent individuals.--If a State charges an individual a fee for providing a photo identification under the program established under subparagraph (A)-- ``(i) the fee charged may not exceed the reasonable cost to the State of providing the identification to the individual; and ``(ii) the State may not charge a fee to any individual who provides an attestation that the individual is unable to afford the fee. ``(C) Identifications not to be used for other purposes.--Any photo identification provided under the program established under subparagraph (A) may not serve as a government-issued photo identification for purposes of any program or function of a State or local government other than the administration of elections.''. (b) Payments to States to Cover Costs.--Subtitle D of title II of such Act (42 U.S.C. 15321 et seq.) is amended by adding at the end the following new part: ``PART 7--PAYMENTS TO COVER COSTS OF PROVIDING PHOTO IDENTIFICATIONS TO INDIGENT INDIVIDUALS ``SEC. 297. PAYMENTS TO COVER COSTS TO STATES OF PROVIDING PHOTO IDENTIFICATIONS FOR VOTING TO INDIGENT INDIVIDUALS. ``(a) Payments to States.--The Commission shall make payments to States to cover the costs incurred in providing photo identifications under the program established under section 303(b)(4) to individuals who are unable to afford the fee that would otherwise be charged under the program. ``(b) Amount of Payment.--The amount of the payment made to a State under this part for any year shall be equal to the amount of fees which would have been collected by the State during the year under the program established under section 303(b)(4) but for the application of section 303(b)(4)(B)(ii), as determined on the basis of information furnished to the Commission by the State at such time and in such form as the Commission may require. ``SEC. 297A. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated for payments under this part such sums as may be necessary for fiscal year 2008 and each succeeding fiscal year.''. (c) Clerical Amendment.--The table of contents of such Act is amended by adding at the end of the item relating to subtitle D of title II the following: ``Part 7--Payments to Cover Costs of Providing Photo Identifications to Indigent Individuals ``Sec. 297. Payments to cover costs to States of providing photo identifications for voting to indigent individuals. ``Sec. 297A. Authorization of appropriations.''. (d) Effective Date.--This section and the amendments made by this section shall take effect October 1, 2007. Passed the House of Representatives September 20, 2006. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House on September 19, 2006. The summary of that version is repeated here.) Federal Election Integrity Act of 2006 - (Sec. 2) Amends the Help America Vote Act of 2002 to prohibit the appropriate state or local election official from providing a federal election ballot to an individual who desires to vote in person unless the individual presents to the official: (1) a government-issued, current, and valid photo identification (ID); or (2) for regularly scheduled federal general elections held in November 2010 and subsequent years, a government-issued, current, and valid photo ID for which the individual was required to provide proof of U.S. citizenship as a condition for issuance of the ID. Requires an individual who does not present such an ID to be permitted to cast a provisional ballot in such an election. Requires such individual, however, to present the required ID within 48 hours after casting the provisional ballot, or the appropriate state or local election official may not determine the individual's eligibility to vote. Requires individuals who vote other than in person in a federal election (for example, by mail) to submit a copy of such a photo ID with a ballot, or the appropriate official may not accept the ballot. Exempts from this requirement the absentee ballot of any eligible overseas military voter absent from the United States by reason of active duty or service. (Sec. 3) Requires states to establish a program to provide photo IDs in accordance with this Act to individuals who desire to vote but do not otherwise possess a government-issued photo ID. Provides that, if a state charges a fee for providing such a photo ID, the fee: (1) may not exceed the reasonable cost to the state of providing the ID; and (2) may not be charged to any individual who provides an attestation that the individual is unable to afford the fee. Prohibits the use of any such photo IDs for any state or local government program or function other than election administration. Requires the Election Assistance Commission to make payments to states to cover the costs incurred in providing photo IDs to individuals unable to afford the fee that would otherwise be charged. Authorizes appropriations for FY2008 and following fiscal years.

{"src": "billsum_train", "title": "To amend the Help America Vote Act of 2002 to require each individual who desires to vote in an election for Federal office to provide the appropriate election official with a government-issued photo identification, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Colusa Basin Watershed Integrated Resources Management Act''. SEC. 2. AUTHORIZATION OF ASSISTANCE. The Secretary of the Interior (in this Act referred to as the ``Secretary''), acting within existing budgetary authority, may provide financial assistance to the Colusa Basin Drainage District, California (in this Act referred to as the ``District''), for use by the District or by local agencies acting pursuant to section 413 of the State of California statute known as the Colusa Basin Drainage Act (California Stats. 1987, ch. 1399) as in effect on the date of the enactment of this Act (in this Act referred to as the ``State statute''), for planning, design, environmental compliance, and construction required in carrying out eligible projects in the Colusa Basin Watershed to-- (1)(A) reduce the risk of damage to urban and agricultural areas from flooding or the discharge of drainage water or tailwater; (B) assist in groundwater recharge efforts to alleviate overdraft and land subsidence; or (C) construct, restore, or preserve wetland and riparian habitat; and (2) capture, as an incidental purpose of any of the purposes referred to in paragraph (1), surface or stormwater for conservation, conjunctive use, and increased water supplies. SEC. 3. PROJECT SELECTION. (a) Eligible Projects.--A project shall be an eligible project for purposes of section 2 only if it is-- (1) consistent with the plan for flood protection and integrated resources management described in the document entitled ``Draft Programmatic Environmental Impact Statement/ Environmental Impact Report and Draft Program Financing Plan, Integrated Resources Management Program for Flood Control in the Colusa Basin'', dated May 2000; and (2) carried out in accordance with that document and all environmental documentation requirements that apply to the project under the laws of the United States and the State of California. (b) Compatibility Requirement.--The Secretary shall ensure that projects for which assistance is provided under this Act are not inconsistent with watershed protection and environmental restoration efforts being carried out under the authority of the Central Valley Project Improvement Act (Public Law 102-575; 106 Stat. 4706 et seq.) or the CALFED Bay-Delta Program. SEC. 4. COST SHARING. (a) Non-Federal Share.--The Secretary shall require that the District and cooperating non-Federal agencies or organizations pay-- (1) 25 percent of the costs associated with construction of any project carried out with assistance provided under this Act; (2) 100 percent of any operation, maintenance, and replacement and rehabilitation costs with respect to such a project; and (3) 35 percent of the costs associated with planning, design, and environmental compliance activities. (b) Planning, Design, and Compliance Assistance.--Funds appropriated pursuant to this Act may be made available to fund 65 percent of costs incurred for planning, design, and environmental compliance activities by the District or by local agencies acting pursuant to the State statute, in accordance with agreements with the Secretary. (c) Treatment of Contributions.--For purposes of this section, the Secretary shall treat the value of lands, interests in lands (including rights-of-way and other easements), and necessary relocations contributed by the District to a project as a payment by the District of the costs of the project. SEC. 5. COSTS NONREIMBURSABLE. Amounts expended pursuant to this Act shall be considered nonreimbursable for purposes of the Act of June 17, 1902 (32 Stat. 388; 43 U.S.C. 371 et seq.), and Acts amendatory thereof and supplemental thereto. SEC. 6. AGREEMENTS. Funds appropriated pursuant to this Act may be made available to the District or a local agency only if the District or local agency, as applicable, has entered into a binding agreement with the Secretary-- (1) under which the District or the local agency is required to pay the non-Federal share of the costs of construction required by section 4(a); and (2) governing the funding of planning, design, and compliance activities costs under section 4(b). SEC. 7. REIMBURSEMENT. For project work (including work associated with studies, planning, design, and construction) carried out by the District or by a local agency acting pursuant to the State statute in section 2 before the date amounts are provided for the project under this Act, the Secretary shall, subject to amounts being made available in advance in appropriations Acts, reimburse the District or the local agency, without interest, an amount equal to the estimated Federal share of the cost of such work under section 4. SEC. 8. COOPERATIVE AGREEMENTS. (a) In General.--The Secretary may enter into cooperative agreements and contracts with the District to assist the Secretary in carrying out the purposes of this Act. (b) Subcontracting.--Under such cooperative agreements and contracts, the Secretary may authorize the District to manage and let contracts and receive reimbursements, subject to amounts being made available in advance in appropriations Acts, for work carried out under such contracts or subcontracts. SEC. 9. RELATIONSHIP TO RECLAMATION REFORM ACT OF 1982. Activities carried out, and financial assistance provided, under this Act shall not be considered a supplemental or additional benefit for purposes of the Reclamation Reform Act of 1982 (96 Stat. 1263; 43 U.S.C. 390aa et seq.). SEC. 10. APPROPRIATIONS AUTHORIZED. Within existing budgetary authority and subject to the availability of appropriations, the Secretary is authorized to expend up to $25,000,000, plus such additional amount, if any, as may be required by reason of changes in costs of services of the types involved in the District's projects as shown by engineering and other relevant indexes to carry out this Act. Sums appropriated under this section shall remain available until expended. Passed the House of Representatives September 18, 2000. Attest: JEFF TRANDAHL, Clerk.

Permits funds appropriated pursuant to this Act to be made available to fund 65 percent of costs incurred for planning, design, and environmental compliance activities by the District or by local agencies in accordance with agreements with the Secretary, under which the District or local agency is required to pay the non-Federal share of construction costs and which governs the funding of planning, design, and compliance activities costs. Authorizes specified expenditures within existing budget authority to carry out this Act.

{"src": "billsum_train", "title": "Colusa Basin Watershed Integrated Resources Management Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Endangered Species Relisting Act of 1995''. SEC. 2. REQUIREMENT TO REVIEW SPECIES. (a) Requirement.--Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is amended by adding at the end the following new subsection: ``(j) Petition and Review Required for Certain Species To Be Listed.-- ``(1) In general.--After the end of the 12-month period beginning on the date of enactment of the Endangered Species Relisting Act of 1995, a covered species shall not be considered to be an endangered species or threatened species for purposes of this Act and shall not be included or considered to be included in any list published under subsection (c) unless before the end of such 12-month period either-- ``(A) in the case of a species described in paragraph (4)(A), a petition is filed under section 553(e) of title 5, United States Code, to relist that species on such list and the review of such petition is completed by the Secretary according to the criteria set forth in subsection (k); or ``(B) in response to a petition or on the Secretary's own initiative, the Secretary determines in accordance with paragraph (2) that the species is certain to become extinct, or will be placed on an irreversible course to extinction, over the 24-month period beginning on the date of the determination. ``(2) Emergency listing requirements.-- ``(A) A determination under paragraph (1)(B) must be based on the best scientific and commercial data available, and must be subject to comment, after publication in the Federal Register, for a period of 60 days, prior to taking effect. ``(B) The Secretary may utilize information contained in a recovery plan developed prior to the date of the enactment of the Endangered Species Relisting Act of 1995 with respect to a species, in making a determination under paragraph (1)(B). ``(C) A determination of the Secretary under paragraph (1)(B)-- ``(i) shall be published in the Federal Register; ``(ii) shall contain a response to all comments filed under subparagraph (B); and ``(iii) shall be subject to judicial review. ``(D) After the end of the 24-month period beginning on the date the Secretary publishes a determination under paragraph (1)(B) for a species, the species shall not be considered to be an endangered species or threatened species for purposes of this Act and shall not be included or considered to be included in any list published under subsection (c), unless before the end of that period the Secretary determines in accordance with subsections (a), (b), and (c) to add the species to such a list. ``(3) Annual reports.--Not later than 1 year after the date of the enactment of the Endangered Species Relisting Act of 1995 and annually thereafter, the Secretary shall submit a report to the Congress on the implementation of this subsection, including on progress made in considering petitions referred to in paragraph (1) (A) and (B). ``(4) Covered species defined.--In this subsection the term `covered species' means a species-- ``(A) which on the date of enactment of the Endangered Species Relisting Act of 1995 is included in a list published under subsection (c); or ``(B) for which a notice is published under subsection (b)(5)(A)(i) before that date of enactment.''. (b) Conforming Amendment.--Section 4(b)(3)(A) of such Act (16 U.S.C. 1533(b)(3)(A)) is amended in the first sentence by inserting ``, to relist a species on,'' after ``add a species to,''. SEC. 3. PEER REVIEW REQUIREMENT. Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is further amended by adding at the end the following new subsection: ``(k) Peer Review Requirements.-- ``(1) Requirements.--The Secretary-- ``(A) may not take any action described in paragraph (2) based on any data, result, or determination unless the data, result, or determination has undergone peer review in accordance with subparagraph (B); and ``(B) shall submit to peer review, by at least 3 independent reviewers selected by the Secretary from among individuals recommended by the National Academy of Sciences-- ``(i) all data, results, and determinations that are the basis of an action described in paragraph (2), and ``(ii) all data that is timely submitted to the Secretary by any person likely to be affected by an action described in paragraph (2), and that the Secretary determines to be of substantial scientific value. ``(2) Actions described.--The actions referred to in paragraph (1) are the following: ``(A) The inclusion of a species in, retention of a species on, or removal of a species from a list published under subsection (c). ``(B) The development, revision, approval, or implementation of a recovery plan under subsection (f). ``(3) Publication.--The Secretary shall publish-- ``(A) the results of any peer review conducted under paragraph (1); and ``(B) in the case of peer review conducted under paragraph (1) for an action described in paragraph (2), all other materials that are relevant to the decision to take the action. ``(4) Obtaining recommendations.--The Secretary shall-- ``(A) take appropriate action to obtain from the National Academy of Sciences recommendations of individuals to perform peer review under paragraph (1)(B); and ``(B) in the case of economic analyses, consult with appropriate scientific board to obtain recommendations of individuals with economic expertise to perform peer review under paragraph (1)(B).''. SEC. 4. DEADLINE FOR DEVELOPMENT OF RECOVERY PLANS. Section 4(f) of the Endangered Species Act of 1973 (16 U.S.C. 1533(f)) is amended by adding at the end the following new paragraph: ``(6) The Secretary shall-- ``(A) begin developing a recovery plan required for a species under paragraph (1) and publish notice of the intent of the Secretary to develop such a plan, before the end of the 30-day period beginning on the date the Secretary publishes notice of the listing of the species under subsection (c); and ``(B) issue such a plan in final form, or submit to the appropriate committees of the Congress the reasons why such a plan has not been issued, before the end of the 12-month period beginning on the date of publication of such notice. ``(7)(A) Any person affected by the listing of a species under subsection (c) may submit a proposed recovery plan for the species to the Secretary. The Secretary, in the notice required under paragraph (6)(A), shall encourage submission of such proposed recovery plans. ``(B) For any species for which one or more proposed recovery plans are submitted under subparagraph (A) that would adequately promote the conservation and survival of a species, the Secretary shall adopt as the final recovery plan required for the species under this subsection the proposed plan that, among all proposed plans submitted, would-- ``(i) impose the lowest costs on persons affected by the plan; ``(ii) to the greatest extent possible, apply to more than one species; and ``(iii) not result in a prohibition of use of the land or water for other purposes.''. SEC. 5 INCIDENTAL TAKE IN COURSE OF NORMAL ACTIVITIES. Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is further amended by adding at the end the following new subsection: ``(l) Incidental Take.-- ``(1) In general.--Notwithstanding the provisions of section 9(a), a taking that occurs in the course of an activity described in paragraph (2) is not prohibited by this Act if the taking is de minimis in nature and merely incidental to the activity. ``(2) Covered activities.--The activities referred to in paragraph (1) are the following: ``(A) Any action by a State or local government agency to respond to, prevent, or mitigate an emergency. ``(B) Operation, repair, or minor alteration of an existing facility. ``(C) Construction of a minor structure adjacent to an existing facility. ``(D) Clearing of land adjacent to an existing structure to comply with a fire code, or to reasonably protect property. ``(E) Use of land for agricultural production, or, if previously zoned for agricultural production, for any use not more intensive than agricultural activity. ``(F) Any action reasonably needed to protect a human from injury or death. ``(G) Any other lawful activity that is approved by a State or local government.''.

Endangered Species Relisting Act of 1995 - Amends the Endangered Species Act of 1973 to provide that a covered species shall not be considered to be an endangered or threatened species for purposes of such Act unless: (1) in the case of a species which is included in a list of endangered or threatened species on the date of this Act's enactment, a petition is filed to relist that species on such list and the review of such petition is completed by the Secretary of the Interior according to specified criteria; or (2) in response to a petition or on the Secretary's own initiative, the Secretary determines in accordance with specified requirements that the species is certain to become extinct or will be placed on an irreversible course to extinction over the 24-month period beginning on the date of the determination. Requires that such a determination be based on the best scientific and commercial data available and be subject to comment after publication in the Federal Register for 60 days prior to taking effect. Authorizes the Secretary to utilize information contained in a recovery plan developed prior to this Act's enactment with respect to a species in making such a determination. Makes such a determination subject to judicial review. Sets forth annual reporting requirements for the Secretary. Prohibits the Secretary from taking any action with respect to the inclusion of a species in, retention of a species on, or removal of a species from the list or the development, revision, approval, or implementation of a recovery plan based on any data, result, or determination (data) which has not undergone peer review. Requires the Secretary to submit to peer review (by at least three independent reviewers selected by the Secretary from among individuals recommended by the National Academy of Sciences (NAS)) all data that are the basis of such an action and all data that is timely submitted to the Secretary by any person likely to be affected by the Secretary's action. Directs the Secretary to: (1) publish the results of any such peer review and all materials relevant to a decision to take action; and (2) obtain recommendations of individuals to perform peer review from the NAS and, in the case of economic analyses, from the appropriate scientific board. Sets deadlines for the development of recovery plans. Requires the Secretary, for any species for which one or more proposed recovery plans are submitted that would adequately promote the conservation and survival of a species, to adopt the plan that would impose the lowest costs on persons affected by the plan, apply to more than one species, and not result in a prohibition of use of the land or water for other purposes. Specifies that a taking that occurs in the course of specified activities (such as any action by a State or local government agency to respond to, prevent, or mitigate an emergency and any lawful activity that is approved by a State or local government) is not prohibited by the Act if the taking is de minimis in nature and merely incidental to the activity.

{"src": "billsum_train", "title": "Endangered Species Relisting Act of 1995"}

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Medicare Beneficiary Assistance Improvement Act of 2002''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Renaming program to eliminate confusion. Sec. 3. Expanding protections by increasing SLMB eligibility income level to 135 percent of poverty. Sec. 4. Eliminating barriers to enrollment. Sec. 5. Elimination of asset test. Sec. 6. Improving assistance with out-of-pocket costs. Sec. 7. Improving program information and coordination with State, local, and other partners. Sec. 8. Notices to certain new medicare beneficiaries. SEC. 2. RENAMING PROGRAM TO ELIMINATE CONFUSION. The programs of benefits for lower income medicare beneficiaries provided under section 1902(a)(10)(E) of the Social Security Act (42 U.S.C. 1396a(a)(10)(E)) shall be known as the ``Medicare Savings Programs''. SEC. 3. EXPANDING PROTECTIONS BY INCREASING SLMB ELIGIBILITY INCOME LEVEL TO 135 PERCENT OF POVERTY. (a) In General.--Section 1902(a)(10)(E)(iii) of the Social Security Act (42 U.S.C. 1396a(a)(10)(E)(iii)) is amended by striking ``120 percent in 1995 and years thereafter'' and inserting ``120 percent in 1995 through 2002 and 135 percent in 2003 and years thereafter''. (b) Conforming Removal of QI-1 and QI-2 Provisions.-- (1) Section 1902(a)(10)(E) of such Act (42 U.S.C. 1396a(a)(10)(E)) is further amended-- (A) by adding ``and'' at the end of clause (ii); (B) by striking ``and'' at the end of clause (iii); and (C) by striking clause (iv). (2) Section 1933 of such Act (42 U.S.C. 1396u-3) is repealed. (3) The amendments made by this subsection shall take effect as of January 1, 2003. (c) Application of CHIP Enhanced Matching Rate for SLMB Assistance.-- (1) In general.--Section 1905(b)(4) of such Act (42 U.S.C. 1396d(b)(4)) is amended by inserting ``or section 1902(a)(10)(E)(iii)'' after ``section 1902(a)(10)(A)(ii)(XVIII)''. (2) Effective date.--The amendment made by paragraph (1) shall apply to medical assistance for medicare cost-sharing for months beginning with January 2003. SEC. 4. ELIMINATING BARRIERS TO ENROLLMENT. (a) Automatic Eligibility for SSI Recipients in 209(b) States and SSI Criteria States.--Section 1905(p) of the Social Security Act (42 U.S.C. 1396d(p)) is amended-- (1) by redesignating paragraph (6) as paragraph (11); and (2) by adding at the end the following new paragraph: ``(6) In the case of a State which has elected treatment under section 1902(f) for aged, blind, and disabled individuals, individuals with respect to whom supplemental security income payments are being paid under title XVI are deemed for purposes of this title to be qualified medicare beneficiaries.''. (b) Self-Certification of Income.--Section 1905(p) of the Social Security Act (42 U.S.C. 1396d(p)), as amended by subsection (a), is further amended by inserting after paragraph (6) the following new paragraph: ``(7) In determining whether an individual qualifies as a qualified medicare beneficiary or is eligible for benefits under section 1902(a)(10)(E)(iii), the State shall permit individuals to qualify on the basis of self-certifications of income without the need to provide additional documentation.''. (c) Automatic Reenrollment Without Need To Reapply.-- (1) In general.--Section 1905(p) of the Social Security Act (42 U.S.C. 1396d(p)), as amended by subsections (a) and (b), is further amended by inserting after paragraph (7) the following new paragraph: ``(8) In the case of an individual who has been determined to qualify as a qualified medicare beneficiary or to be eligible for benefits under section 1902(a)(10)(E)(iii), the individual shall be deemed to continue to be so qualified or eligible without the need for any annual or periodic application unless and until the individual notifies the State that the individual's eligibility conditions have changed so that the individual is no longer so qualified or eligible.''. (2) Conforming amendment.--Section 1902(e)(8) of the Social Security Act (42 U.S.C. 1396a(e)(8)) is amended by striking the second sentence. (d) Use of Simplified Application Process.--Section 1905(p) of the Social Security Act (42 U.S.C. 1396d(p)), as amended by subsections (a), (b), and (c), is further amended by inserting after paragraph (8) the following new paragraph: ``(9) A State shall permit individuals to apply to qualify as a qualified medicare beneficiary or for benefits under section 1902(a)(10)(E)(iii) through the use of the simplified application form developed under section 1905(p)(5)(A) and shall permit such an application to be made over the telephone or by mail, without the need for an interview in person by the applicant or a representative of the applicant.''. (e) Role of Social Security Offices.-- (1) Enrollment and provision of information at social security offices.--Section 1905(p) of the Social Security Act (42 U.S.C. 1396d(p)), as amended by subsections (a), (b), (c), and (d) is further amended by inserting after paragraph (9) the following new paragraph: ``(10) The Commissioner of Social Security shall provide, through local offices of the Social Security Administration-- ``(A) for the enrollment under State plans under this title for appropriate medicare cost-sharing benefits for individuals who qualify as a qualified medicare beneficiary or for benefits under section 1902(a)(10)(E)(iii); and ``(B) for providing oral and written notice of the availability of such benefits.''. (2) Clarifying amendment.--Section 1902(a)(5) of such Act (42 U.S.C. 1396a(a)(5)) is amended by inserting ``as provided in section 1905(p)(10)'' after ``except''. (f) Outstationing of State Eligibility Workers at SSA Field Offices.--Section 1902(a)(55) of such Act (42 U.S.C. 1396a(a)(55)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``subsection (a)(10)(A)(i)(IV), (a)(10)(A)(i)(VI), (a)(10)(A)(i)(VII), or (a)(10)(A)(ii)(IX)'' and inserting ``paragraph (10)(A)(i)(IV), (10)(A)(i)(VI), (10)(A)(i)(VII), (10)(A)(ii)(IX), or (10)(E)''; and (2) in subparagraph (A), by striking ``1905(1)(2)(B)'' and inserting ``1905(l)(2)(B), and in the case of applications of individuals for medical assistance under paragraph (10)(E), at locations that include field offices of the Social Security Administration''. SEC. 5. ELIMINATION OF ASSET TEST. (a) In General.--Section 1905(p)(1) of the Social Security Act (42 U.S.C. 1396d(p)(1)) is amended-- (1) by adding ``and'' at the end of subparagraph (A); (2) by striking ``, and'' at the end of subparagraph (B) and inserting a period; and (3) by striking subparagraph (C). (b) Effective Date.--The amendments made by subsection (a) shall apply to eligibility determinations for medicare cost-sharing furnished for periods beginning on or after January 1, 2003. SEC. 6. IMPROVING ASSISTANCE WITH OUT-OF-POCKET COSTS. (a) Eliminating Application of Estate Recovery Provisions.--Section 1917(b)(1)(B)(ii) of the Social Security Act (42 U.S.C. 1396p(b)(1)(B)(ii)) is amended by inserting ``(but not including medical assistance for medicare cost-sharing or for benefits described in section 1902(a)(10)(E))'' before the period at the end. (b) Providing for 3-Months Retroactive Eligibility.-- (1) In general.--Section 1905(a) of such Act (42 U.S.C. 1396d(a)) is amended, in the matter before paragraph (1), by striking ``described in subsection (p)(1), if provided after the month'' and inserting ``described in subsection (p)(1), if provided in or after the third month before the month''. (2) Conforming amendments.--(A) The first sentence of section 1902(e)(8) of such Act (42 U.S.C. 1396a(e)(8)), as amended by section 4(c)(2), is amended by striking ``(8)'' and the first sentence. (B) Section 1848(g)(3) of such Act (42 U.S.C. 1395w- 4(g)(3)) is amended by adding at the end the following new subparagraph: ``(C) Treatment of retroactive eligibility.--In the case of an individual who is determined to be eligible for medical assistance described in subparagraph (A) retroactively, the Secretary shall provide a process whereby claims previously for services furnished during the period of retroactive eligibility which were not submitted in accordance with such subparagraph are resubmitted and re-processed in accordance with such subparagraph.''. SEC. 7. IMPROVING PROGRAM INFORMATION AND COORDINATION WITH STATE, LOCAL, AND OTHER PARTNERS. (a) Data Match Demonstration Project.-- (1) In general.--The Secretary of Health and Human Services (acting through the Administrator of the Centers for Medicare & Medicaid Services), the Secretary of the Treasury, and the Commissioner of Social Security shall enter into an arrangement under which a demonstration is conducted, consistent with this subsection, for the exchange between the Centers for Medicare & Medicaid Services, the Internal Revenue Service, and the Social Security Administration of information in order to identity individuals who are medicare beneficiaries and who, based on data from the Internal Revenue Service that (such as their not filing tax returns or other appropriate filters) are likely to be qualified medicare beneficiaries or individuals otherwise eligible for medical assistance under section 1902(a)(10)(E) of the Social Security Act (42 U.S.C. 1396a(a)(10)(E)). (2) Limitation on use of information.--Notwithstanding any other provision of law, specific information on income or related matters exchanged under paragraph (1) may be disclosed only as required to carry out subsection (b) and for related Federal and State outreach efforts. (3) Period.--The project under this subsection shall be for an initial period of 3 years and may be extended for additional periods (not to exceed 3 years each) after such an extension is recommended in a report under subsection (d). (b) State Demonstration Grants.-- (1) In general.--The Secretary of Health and Human Services shall enter into a demonstration project with States (as defined for purposes of title XIX of the Social Security Act (42 U.S..C 1396 et seq.) to provide funds to States to use information identified under subsection (a), and other appropriate information, in order to do ex parte determinations or other methods for identifying and enrolling individuals who are potentially eligible to be qualified medicare beneficiaries or otherwise eligible for medical assistance described in section 1902(a)(10)(E) of the Social Security Act (42 U.S.C. 1396a(a)(10)(E)). (2) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to the Secretary of Health and Human Services for the purpose of making grants under this subsection. (c) Additional CMS Funding for Outreach and Enrollment Projects.-- There are hereby appropriated, out of any funds in the Treasury not otherwise appropriated, to the Secretary of Health and Human Services through the Administrator of the Centers for Medicare & Medicaid Services, $100,000,000 which shall be used only for the purpose of providing grants to States to fund projects to improve outreach and increase enrollment in Medicare Savings Programs. Such projects may include cooperative grants and contracts with community groups and other groups (such as the Department of Veterans' Affairs and the Indian Health Service) to assist in the enrollment of eligible individuals. (d) Reports.--The Secretary of Health and Human Services shall submit to Congress periodic reports on the projects conducted under this section. Such reports shall include such recommendations for extension of such projects, and changes in laws based on based projects, as the Secretary deems appropriate. SEC. 8. NOTICES TO CERTAIN NEW MEDICARE BENEFICIARIES. (a) SSA Notice.--At the time that the Commissioner of Social Security sends a notice to individuals that they have been determined to be eligible for benefits under part A or B of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq., 1395j et seq.), the Commissioner shall send a notice and application for benefits under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) to those individuals the Commissioner identifies as being likely to be eligible for benefits under clause (i), (ii), or (iii) of section 1902(a)(10)(E) of such Act (42 U.S.C. 1396a(a)(10)(E)). Such notice and application shall be accompanied by information on how to submit such an application and on where to obtain more information (including answers to questions) on the application process. (b) Including Information in Medicare & You Handbook.--The Secretary of Health and Human Services shall include in the annual handbook distributed under section 1804(a) of the Social Security Act (42 U.S.C. 1395b-2(a)) information on the availability of Medicare Savings Programs and a toll-free telephone number that medicare beneficiaries may use to obtain additional information about the program.

Medicare Beneficiary Assistance Improvement Act of 2002 - Names the programs of benefits under the Medicaid program (title XIX of the Social Security Act (SSA)) that are commonly referred to as the "qualified Medicare beneficiary (QMB) program" and the "special low-income Medicare beneficiary (SLMB) program" as the Medicare Savings Programs.Amends SSA title XIX with respect to Medicare Savings Programs to: (1) increase the SLMB eligibility income level from 120 to 135 percent of the poverty line; (2) deem to be qualified Medicare beneficiaries in certain States individuals already receiving benefits under SSA title XVI (Supplemental Security Income) (SSI); (3) permit individual self-certification of income and use of a simplified QMB or SLMB application form; (4) provide for automatic reenrollment without need to reapply; (5) direct the Commissioner of Social Security to provide for QMB and SLMB outreach through local offices of the Social Security Administration; (6) eliminate the assets test; (7) prohibit estate recovery under QMB and SLMB; and (8) provide for three months retroactive eligibility with respect to Medicare cost-sharing for QMBs.Directs the Secretary of Health and Human Services (Secretary), the Secretary of the Treasury, and the Administrator of Social Security to enter into an arrangement for a demonstration project to identify Medicare beneficiaries who are likely, based on Internal Revenue Service (IRS) data, to qualify for benefits under the OMB or SLMB programs. Requires the Secretary to enter into a demonstration project to provide States with funds to use such information to do ex parte determinations or other methods for identifying and enrolling potentially eligible individuals.Requires the Commissioner of Social Security to send a notice and application for Medicaid benefits to individuals identified as likely to be eligible for QMB or SLMB benefits when notifying them that they are eligible for benefits under Medicare part A (Hospital Insurance) or B (Supplementary Medical Insurance).

{"src": "billsum_train", "title": "A bill to amend title XIX of the Social Security Act to improve the qualified medicare beneficiary (QMB) and special low-income medicare beneficiary (SLMB) programs within the medicaid program."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``IDEA Full Funding Act''. SEC. 2. AMENDMENTS TO IDEA. Section 611(i) of the Individuals with Disabilities Education Act (20 U.S.C. 1411(i)) is amended to read as follows: ``(i) Funding.--For the purpose of carrying out this part, other than section 619, there are authorized to be appropriated-- ``(1) $12,664,883,000 for fiscal year 2012, and there are hereby appropriated, out of any money in the Treasury not otherwise appropriated, $1,182,683,000 for fiscal year 2012, which shall become available for obligation on July 1, 2012, and shall remain available through September 30, 2013; ``(2) $13,988,168,000 for fiscal year 2013, and there are hereby appropriated, out of any money in the Treasury not otherwise appropriated, $2,505,968,000 for fiscal year 2013, which shall become available for obligation on July 1, 2013, and shall remain available through September 30, 2014; ``(3) $15,468,770,000 for fiscal year 2014, and there are hereby appropriated, out of any money in the Treasury not otherwise appropriated, $3,986,570,000 for fiscal year 2014, which shall become available for obligation on July 1, 2014, and shall remain available through September 30, 2015; ``(4) $17,125,392,000 for fiscal year 2015, and there are hereby appropriated, out of any money in the Treasury not otherwise appropriated, $5,643,192,000 for fiscal year 2015, which shall become available for obligation on July 1, 2015, and shall remain available through September 30, 2016; ``(5) $18,978,960,000 for fiscal year 2016, and there are hereby appropriated, out of any money in the Treasury not otherwise appropriated, $7,496,760,000 for fiscal year 2016, which shall become available for obligation on July 1, 2016, and shall remain available through September 30, 2017; ``(6) $21,052,886,000 for fiscal year 2017, and there are hereby appropriated, out of any money in the Treasury not otherwise appropriated, $9,570,686,000 for fiscal year 2017, which shall become available for obligation on July 1, 2017, and shall remain available through September 30, 2018; ``(7) $23,373,370,000 for fiscal year 2018, and there are hereby appropriated, out of any money in the Treasury not otherwise appropriated, $11,891,170,000 for fiscal year 2018, which shall become available for obligation on July 1, 2018, and shall remain available through September 30, 2019; ``(8) $25,969,721,000 for fiscal year 2019, and there are hereby appropriated, out of any money in the Treasury not otherwise appropriated, $14,487,521,000 for fiscal year 2019, which shall become available for obligation on July 1, 2019, and shall remain available through September 30, 2020; ``(9) $28,874,737,000 for fiscal year 2020, and there are hereby appropriated, out of any money in the Treasury not otherwise appropriated, $17,392,537,000 for fiscal year 2020, which shall become available for obligation on July 1, 2020, and shall remain available through September 30, 2021; and ``(10) $35,308,178,000 for fiscal year 2021, and there are hereby appropriated, out of any money in the Treasury not otherwise appropriated, $23,825,978,000 for fiscal year 2021, which shall become available for obligation on July 1, 2021, and shall remain available through September 30, 2022.''. SEC. 3. TOBACCO TAX INCREASE AND PARITY. (a) Short Title.--This section may be cited as the ``Saving Lives by Lowering Tobacco Use Act''. (b) Increase in Excise Tax on Small Cigars and Cigarettes.-- (1) Small cigars.--Section 5701(a)(1) of the Internal Revenue Code of 1986 is amended by striking ``$50.33'' and inserting ``$100.50''. (2) Cigarettes.--Section 5701(b) of such Code is amended-- (A) by striking ``$50.33'' in paragraph (1) and inserting ``$100.50'', and (B) by striking ``$105.69'' in paragraph (2) and inserting ``$211.04''. (c) Tax Parity for Pipe Tobacco and Roll-Your-Own Tobacco.-- (1) Pipe tobacco.--Section 5701(f) of the Internal Revenue Code of 1986 is amended by striking ``$2.8311 cents'' and inserting ``$49.55''. (2) Roll-your-own tobacco.--Section 5701(g) of such Code is amended by striking ``$24.78'' and inserting ``$49.55''. (d) Clarification of Definition of Small Cigars.--Paragraphs (1) and (2) of section 5701(a) of the Internal Revenue Code of 1986 are each amended by striking ``three pounds per thousand'' and inserting ``four and one-half pounds per thousand''. (e) Clarification of Definition of Cigarette.--Paragraph (2) of section 5702(b) of the Internal Revenue Code of 1986 is amended by inserting before the final period the following: ``, which includes any roll for smoking containing tobacco that weighs no more than four and a half pounds per thousand, unless it is wrapped in whole tobacco leaf and does not have a cellulose acetate or other cigarette-style filter''. (f) Tax Parity for Smokeless Tobacco.-- (1) In general.--Section 5701(e) of the Internal Revenue Code of 1986 is amended-- (A) in paragraph (1), by striking ``$1.51'' and inserting ``$26.79''; (B) in paragraph (2), by striking ``50.33 cents'' and inserting ``$10.72''; and (C) by adding at the end the following: ``(3) Smokeless tobacco sold in discrete single-use units.--On discrete single-use units, $100.50 per each 1,000 single-use units.''. (2) Discrete single-use unit.--Section 5702(m) of such Code is amended-- (A) in paragraph (1), by striking ``or chewing tobacco'' and inserting ``chewing tobacco, discrete single-use unit''; (B) in paragraphs (2) and (3), by inserting ``that is not a discrete single-use unit'' before the period in each such paragraph; and (C) by adding at the end the following: ``(4) Discrete single-use unit.--The term `discrete single- use unit' means any product containing tobacco that-- ``(A) is intended or expected to be consumed without being combusted; and ``(B) is in the form of a lozenge, tablet, pill, pouch, dissolvable strip, or other discrete single-use or single-dose unit.''. (3) Other tobacco products.--Section 5701 of such Code is amended by adding at the end the following new subsection: ``(i) Other Tobacco Products.--Any product not otherwise described under this section that has been determined to be a tobacco product by the Food and Drug Administration through its authorities under the Family Smoking Prevention and Control Act shall be taxed at a level of tax equivalent to the tax rate for cigarettes on an estimated per use basis as determined by the Secretary.''. (g) Clarifying Other Tobacco Tax Definitions.-- (1) Tobacco product definition.--Section 5702(c) of the Internal Revenue Code of 1986 is amended by inserting before the period the following: ``, and any other product containing tobacco that is intended or expected to be consumed''. (2) Cigarette paper definition.--Section 5702(e) of such Code is amended by striking ``except tobacco,'' and inserting ``or cigar (other than roll-your-own tobacco)''. (3) Cigarette tube definition.--Section 5702(f) of such Code is amended by inserting before the period ``or cigars''. (4) Importer definition.--Section 5702(k) of such Code is amended by inserting ``or any other tobacco product'' after ``cigars or cigarettes''. (h) Inflation Adjustment.--Section 5701 of the Internal Revenue Code of 1986, as amended by subsection (f)(3), is amended by adding at the end the following new subsection: ``(j) Inflation Adjustment.--In the case of any calendar year after 2013, each amount set forth in this section shall be increased by an amount equal to-- ``(1) such amount, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2012' for `calendar year 1992' in subparagraph (B) thereof.''. (i) Floor Stocks Taxes.-- (1) Imposition of tax.--On tobacco products manufactured in or imported into the United States which are removed before any tax increase date and held on such date for sale by any person, there is hereby imposed a tax in an amount equal to the excess of-- (A) the tax which would be imposed under section 5701 of the Internal Revenue Code of 1986 on the article if the article had been removed on such date, over (B) the prior tax (if any) imposed under section 5701 of such Code on such article. (2) Credit against tax.--Each person shall be allowed as a credit against the taxes imposed by paragraph (1) an amount equal to $500. Such credit shall not exceed the amount of taxes imposed by paragraph (1) on such date for which such person is liable. (3) Liability for tax and method of payment.-- (A) Liability for tax.--A person holding tobacco products on any tax increase date to which any tax imposed by paragraph (1) applies shall be liable for such tax. (B) Method of payment.--The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe by regulations. (C) Time for payment.--The tax imposed by paragraph (1) shall be paid on or before the date that is 120 days after the effective date of the tax rate increase. (4) Articles in foreign trade zones.--Notwithstanding the Act of June 18, 1934 (commonly known as the Foreign Trade Zone Act, 48 Stat. 998, 19 U.S.C. 81a et seq.), or any other provision of law, any article which is located in a foreign trade zone on any tax increase date shall be subject to the tax imposed by paragraph (1) if-- (A) internal revenue taxes have been determined, or customs duties liquidated, with respect to such article before such date pursuant to a request made under the 1st proviso of section 3(a) of such Act, or (B) such article is held on such date under the supervision of an officer of the United States Customs and Border Protection of the Department of Homeland Security pursuant to the 2d proviso of such section 3(a). (5) Definitions.--For purposes of this subsection-- (A) In general.--Any term used in this subsection which is also used in section 5702 of such Code shall have the same meaning as such term has in such section. (B) Tax increase date.--The term ``tax increase date'' means the effective date of any increase in any tobacco product excise tax rate pursuant to the amendments made by this section (other than subsection (g) thereof). (C) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (6) Controlled groups.--Rules similar to the rules of section 5061(e)(3) of such Code shall apply for purposes of this subsection. (7) Other laws applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 5701 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply to the floor stocks taxes imposed by paragraph (1), to the same extent as if such taxes were imposed by such section 5701. The Secretary may treat any person who bore the ultimate burden of the tax imposed by paragraph (1) as the person to whom a credit or refund under such provisions may be allowed or made. (j) Effective Date.--The amendments made by this section shall apply to articles removed (as defined in section 5702(j) of the Internal Revenue Code of 1986) after December 31, 2011.

IDEA Full Funding Act - Amends the Individuals with Disabilities Education Act (IDEA) to reauthorize and make appropriations through FY2021 for the grant program to assist states and outlying areas in providing special education and related services to children with disabilities. Saving Lives by Lowering Tobacco Use Act - Amends the Internal Revenue Code to increase excise taxes on cigars, cigarettes, pipe tobacco, roll-your-own tobacco, snuff, and chewing tobacco. Imposes an excise tax on smokeless tobacco sold in discrete single-use units. Taxes other tobacco products at a level of tax equivalent to the tax rate for cigarettes on an estimated per use basis. Provides for annual inflation adjustments to excise taxes on tobacco products and cigarette papers and tubes.

{"src": "billsum_train", "title": "A bill to amend part B of the Individuals with Disabilities Education Act to provide full Federal funding of such part."}

SECTION 1. GOLF COURSE PRESERVATION AND MODERNIZATION. (a) Findings.--Congress finds the following: (1) Langston Golf Course, Rock Creek Golf Course, and East Potomac Golf Course are owned by the United States and are under the administrative jurisdiction of the National Park Service, and each golf course has a long history of service to the general public as an integral part of the Nation's capital, including services to local and regional residents, visitors, and tourists. (2) Golf courses differ considerably from other lands administered by the National Park Service because they require a significant and continuing investment that cannot be required of a concessionaire. (3) East Potomac Golf Course opened in 1920 with three courses to accommodate all levels of play, including an 18-hole tournament-level course and two 9-hole practice courses, and was initially segregated, with African-Americans allowed to play on Mondays. (4) Rock Creek Golf Course opened in 1923 as a 9-hole course, and in 1925 the course was completed as an 18-hole tournament-level course. This course was located in Rock Creek Park, a major recreation and picnic facility for residents. (5) Langston Golf Course opened in 1939 as a golf facility for African-Americans and has been the home course of both the Royal Golf Club and the Wake Robin Golf Club, the Nation's first golf clubs for African-American men and women, respectively. The golf course was named for John Mercer Langston, the first African-American Congressman from Virginia, elected in 1888. (6) Each of the three courses contains valuable historic components that must be maintained. (7) Langston Golf Course is listed on the National Register of Historic Places. (8) Langston Golf Course is believed to be the first regulation course built in the United States almost entirely on a refuse landfill. (9) The first American-born golf professional of African- American ancestry was John Shippen, who was born in 1879 in the Anacostia area of Washington, DC, placed fifth in the second United States Open golf tournament in 1896 at 16 years of age, and helped found the Capitol City Golf Club in 1925. (10) The Capitol City Open golf tournament has made Langston Golf Course its home for the past 40 years. (11) The Capitol City Golf Club, renamed the Royal Golf Club and Wake Robin Women's Club, has historically promoted a safe golf facility for African-Americans in Washington, DC, during an era of few available facilities, and these two clubs remain the oldest African-American golf clubs in the United States. (12) The Langston facility provides important recreational outlets, instructional forums, and a ``safe haven center'' for the enhancement of the lives of inner city youth and other residents in Washington, DC. (13) The Langston, Rock Creek, and East Potomac golf courses provide a home for the Nation's important minority youth ``First Tee'' golf instruction and recreational program in Washington, DC. (14) The Langston, Rock Creek, and East Potomac golf courses have traditionally provided additional quality of life value to Washington, DC, and regional residents and visitors and the golf courses will reach their considerable potential once upgraded to meet their athletic and historical promise. (b) Management of Golf Courses.-- (1) Definitions.--For the purposes of this section, the following apply: (A) Rock creek.--The term ``Rock Creek'' means the federally owned golf course and related facilities located at 16th and Rittenhouse NW, Washington, DC 20011, within the boundaries of 16th Street NW to the East; Military Road NW to the South; Beach Drive NW to the West; and Sherrill Drive NW to the North. (B) Langston.--The term ``Langston'' means the federally owned golf course and related facilities located at 26th and Benning Road NE, Washington, DC 20002, within the boundaries of Anacostia River to the East; Hickory Hill Road to the Northeast; Valley Road NE to the Northeast; Azalea Road NE to the North; Ellipse Road NE to the West; M Street NE to the North; Maryland Avenue NE to the Northwest; 22nd Street NE to the West; 26th Street to the West; and Benning Road NE to the South. (C) East potomac.--The term ``East Potomac'' means the federally owned golf course and related facilities located at 972 Ohio Drive SW, Washington DC 20024, within the boundaries of Ohio Drive to the East, South, and West; and Buckeye Drive SW to the North. (D) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the National Park Service. (c) Lease Expiration Dates.--The Secretary shall ensure, that upon the expiration of the lease currently in force for East Potomac, that any new lease for East Potomac shall be set to expire on the same date as the lease currently in force for Langston and Rock Creek and upon the expiration of Langston, Rock Creek, and the new lease for East Potomac, the lease referred to in subsection (d) shall commence. (d) Lease.--The lease referred to in subsection (e) is a lease for the continued operation and maintenance of Rock Creek, Langston, and East Potomac as golf courses. A lease entered into under this section shall include the 3 golf courses in one lease agreement and require that the golf courses be operated and maintained in a manner that-- (1) retains the historic nature of the courses including an appropriate commemoration of the Langston Golf Course's historic place in African-American golf history; (2) at least 2 of the 3 courses maintain fees related to use of the golf courses to be affordable in light of the current fee system used today at the courses; (3) may allow fees collected at one golf course to subsidize the maintenance and operation of one or more of the other golf courses; and (4) allows for a long-term ground lease on the 3 courses. (e) Requests for Proposals.--The Secretary shall solicit proposals, through a competitive process, to procure the lease described in subsection (d) and may, after such solicitation, enter into agreements to procure the lease. The Secretary shall solicit the request for proposals under this subsection in such a manner which ensures, to the greatest extent practicable, the participation of disadvantaged business enterprises among the equity partners of the sponsors of the proposals. (f) Applicability of Certain Laws.--The National Park Service Concessions Management Improvement Act of 1998 (16 U.S.C. 5951 et seq.) shall not apply to requests for proposals submitted and leases and agreements entered into under this section.

Directs the Secretary of the Interior, acting through the Director of the National Park Service, to solicit proposals to procure a new lease for the continued operation and maintenance of Rock Creek, Langston, and East Potomac golf courses. Requires the lease to include the three golf courses in one lease agreement and mandate that the courses be operated and maintained in a manner that: (1) retains the historic nature of the courses, including an appropriate commemoration of the Langston Golf Course's historic place in African American golf history; (2) ensures that at least two of the courses maintain fees related to use that are affordable; (3) allows fees collected at one course to subsidize the maintenance and operation of one or more of the others; and (4) allows for a long-term ground lease on the three courses. Directs the Secretary to solicit the request for proposals in a manner that ensures the participation of disadvantaged business enterprises among the equity partners of the sponsors of the proposals. Makes the National Park Service Concessions Management Improvement Act of 1998 inapplicable to requests for proposals submitted and leases and agreements entered into under this Act.

{"src": "billsum_train", "title": "To authorize the Secretary of the Interior to enter into a long-term ground lease for the operation and maintenance of Rock Creek, Langston, and East Potomac as golf courses, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Park Service Study Act of 2013''. SEC. 2. SPECIAL RESOURCE STUDIES. (a) Study.--The Secretary of the Interior shall conduct special resource studies of-- (1) the Kau coast, on the island of Hawaii; (2) the prehistoric, historic, and limestone forest sites on the island of Rota in the Commonwealth of the Northern Mariana Islands; (3) sites in the State of Alaska associated with the forced abandonment of the Aleut villages of Makushin, Kashega, and Biorka around Unalaska Island, and Attu on Attu Island during World War II, and the 5 relocation sites at Funter Bay, Burnett Inlet, Killisnoo, Ward Lake, and the Wrangell Institute; (4) World War II Japanese American Relocation Center sites including Gila River and Poston sites, State of Arizona; Granada, State of Colorado; Heart Mountain, State of Wyoming; Jerome and Rohwer sites, State of Arkansas; and Topaz, State of Utah; (5) Mahaulepu, on the island of Kauai, State of Hawaii; (6) the town of Goldfield and outlying mining sites in the State of Nevada; (7) the Hudson River Valley in the State of New York; (8) the Norman Studios, within Jacksonville, Florida, where African-American casts and crews were used in the production of silent films; (9) the Mobile-Tensaw River Delta in the State of Alabama; (10) the Galveston Bay in the State of Texas; (11) the Pullman site, State of Illinois; (12) the northern coast of Maui, Hawaii; and (13) historic sites on Midway Atoll. (b) Contents.--In conducting the studies required under subsection (a) of the sites identified under such subsection, the Secretary shall-- (1) evaluate the national significance of the sites and the areas surrounding such sites; (2) determine the suitability and feasibility of designating one or more sites as units of the National Park System; (3) consider other alternatives for preservation, protection, and interpretation of the sites by Federal, State, or local governmental entities or private and nonprofit organizations; (4) consult with interested Federal, State, or local governmental entities, private and nonprofit organizations, or any other interested individuals; and (5) identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives. (c) Applicable Law.--The studies required under subsection (a) shall be conducted in accordance with section 8 of the National Park System General Authorities Act (16 U.S.C. 1a-5). SEC. 3. SPECIAL RESOURCE STUDY UPDATES. (a) Studies.--The Secretary of the Interior shall update the study, ``World War II Sites, Republic of Palau (upon the request of the Government of the Republic of Palau)'' as authorized by section 326(b)(3)(N) of the Department of the Interior and Related Agencies Appropriations Act, 2000, and the 1979 study ``Vermejo Ranch, New Mexico/Colorado: Study of Management Options''. (b) Contents.--In updating the studies under subsection (a), the Secretary shall-- (1) determine whether conditions have changed to warrant that the site be designated as a unit of the National Park System; (2) consider other alternatives for the preservation, protection, and interpretation of the site by Federal, State, or local governmental entities or private and nonprofit organizations; (3) consult with other interested Federal, State, or local governmental entities, private and nonprofit organizations, or any other interested individuals; and (4) identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives considered under paragraph (2). SEC. 4. BUFFALO SOLDIERS IN THE NATIONAL PARKS STUDY. (a) Study.--The Secretary of the Interior shall conduct a study of alternatives for commemorating and interpreting the role of the Buffalo Soldiers in the early years of the national parks. (b) Contents.--In conducting the study under subsection (a), the Secretary shall-- (1) complete a historical assessment of the Buffalo Soldiers who served in national parks in the years that preceded the establishment of the National Park Service; (2) evaluate the suitability and feasibility of establishing a national historic trail commemorating the route traveled by the Buffalo Soldiers from their post in the Presidio of San Francisco to Sequoia and Yosemite National Parks and to any other national parks where they may have served; (3) identify properties that could meet criteria for listing in the National Register of Historic Places or criteria for designation as national historic landmarks; and (4) evaluate appropriate ways to enhance the historical research, education, interpretation, and public awareness of the story of the Buffalo Soldiers' stewardship role in the national parks, including ways to link the story to both the development of the national parks and the story of African- American military service following the Civil War. SEC. 5. RECONSTRUCTION IN THE SOUTH STUDY. (a) Study.--The Secretary of the Interior shall conduct a national historic landmark study to identify sites and resources in the Southern United States that are significant to the Reconstruction era. (b) Contents.--The study conducted under subsection (a) shall include recommendations for commemorating and interpreting sites and resources identified by the study, including-- (1) sites for which new national historic landmarks should be nominated; and (2) sites for which further study for potential inclusion in the National Park System is needed. SEC. 6. CHATTAHOOCHEE RIVER BOUNDARY EXPANSION STUDY. (a) Study.--The Secretary of the Interior shall conduct a study to determine the suitability and feasibility of including in the boundary of the Chattahoochee River National Recreation Area approximately 45 miles of the Chattahoochee River and lands along the river corridor from the southern boundary of the Recreation Area south to the junction of Coweta, Heard, and Carroll Counties. (b) Contents.--The study conducted under subsection (a) shall include an analysis of-- (1) significant resources or opportunities for public enjoyment within the study area related to purposes of the Chattahoochee River National Recreation Area; (2) operational and management issues that need to be considered if the study area is included within the Recreation Area; (3) protection of resources within the study area critical to fulfilling the Recreation Area's purposes; (4) the feasibility of administering the study area as part of the Recreation Area considering the study area's size, configuration, ownership, costs, and other factors; and (5) the adequacy of other alternatives for management and protection of resources within the study area. SEC. 7. REPORT. Not later than 3 years after the date on which funds are first made available to conduct each study under this Act, the Secretary of the Interior shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing-- (1) the results of each such study; and (2) any conclusions and recommendations of the Secretary based on such results.

National Park Service Study Act of 2013 - Directs the Secretary of the Interior to conduct special resource studies of: (1) the Kau coast, on the island of Hawaii; (2) the prehistoric, historic, and limestone forest sites on the island of Rota in the Commonwealth of the Northern Mariana Islands; (3) sites in Alaska associated with the forced abandonment of the Aleut villages of Makushin, Kashega, and Biorka around Unalaska Island and Attu on Attu Island during World War II; (4) the five relocation sites in Alaska at Funter Bay, Burnett Inlet, Killisnoo, Ward Lake and the Wrangell Institute; (5) specified World War II Japanese American Relocation Center sites; (6) Mahaulepu, on the island of Kauai in Hawaii; (7) the town of Goldfield and outlying mining sites in Nevada; (8) the Hudson River Valley in New York; (9) the Norman Studios in Jacksonville, Florida, where African-American casts and crews were used in the production of silent films; (10) the Mobile-Tensaw River Delta in Alabama; (11) Galveston Bay in Texas; (12) the Pullman site in Illinois; (13) the northern coast of Maui in Hawaii; and (14) historic sites on the Midway Atoll. Requires updates of: (1) the study authorized by the National Park Service Studies Act of 1999 relating to World War II sites, Republic of Palau; and (2) the 1979 study entitled "Vermejo Ranch, New Mexico/Colorado: Study of Management Options." Directs the Secretary to: (1) study alternatives for commemorating and interpreting the role of the Buffalo Soldiers in the early years of the National Parks, (2) conduct a national historic landmark theme study to identify sites and resources in the southern United States that are significant to the Reconstruction era, and (3) study the feasibility of including 45 miles of the Chattahoochee River and land along the river corridor within the boundary of the Chattahoochee River National Recreation Area located in Georgia.

{"src": "billsum_train", "title": "National Park Service Study Act of 2013"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Disaster Readiness and Reform Act of 2009''. SEC. 2. REVISED COLLATERAL REQUIREMENTS. Section 7 of the Small Business Act (15 U.S.C. 636) is amended-- (1) by striking ``(e) [RESERVED].'' and ``(f) [RESERVED].''; and (2) in subsection (f), as added by section 12068(a)(2) of the Small Business Disaster Response and Loan Improvements Act of 2008 (subtitle B of title XII of the Food, Conservation, and Energy Act of 2008; Public Law 110-246), by adding at the end the following: ``(2) Revised collateral requirements.--In making a loan with respect to a business under subsection (b), if the total approved amount of such loan is less than or equal to $250,000, the Administrator may not require the borrower to use the borrower's home as collateral.''. SEC. 3. INCREASED LIMITS. Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is amended-- (1) in paragraph (3)(E) by striking ``$1,500,000'' each place it appears and inserting ``$3,000,000''; and (2) in paragraph (8)(A) by striking ``$2,000,000'' and inserting ``$3,000,000''. SEC. 4. REVISED REPAYMENT TERMS. Section 7(f) of the Small Business Act (15 U.S.C. 636(f)) is amended by adding at the end the following: ``(3) Revised repayment terms.--In making loans under subsection (b), the Administrator-- ``(A) may not require repayment to begin until the date that is 12 months after the date on which the final disbursement of approved amounts is made; and ``(B) shall calculate the amount of repayment based solely on the amounts disbursed.''. SEC. 5. REVISED DISBURSEMENT PROCESS. Section 7(f) of the Small Business Act (15 U.S.C. 636(f)), as amended by this Act, is further amended by adding at the end the following: ``(4) Revised disbursement process.--In making a loan under subsection (b), the Administrator shall disburse loan amounts in accordance with the following: ``(A) If the total amount approved with respect to such loan is less than or equal to $150,000-- ``(i) the first disbursement with respect to such loan shall consist of 40 percent of the total loan amount, or a lesser percentage of the total loan amount if the Administrator and the borrower agree on such a lesser percentage; ``(ii) the second disbursement shall consist of 50 percent of the loan amounts that remain after the first disbursement, and shall be made when the borrower has produced satisfactory receipts to demonstrate the proper use of 50 percent of the first disbursement; and ``(iii) the third disbursement shall consist of the loan amounts that remain after the preceding disbursements, and shall be made when the borrower has produced satisfactory receipts to demonstrate the proper use of the first disbursement and 50 percent of the second disbursement. ``(B) If the total amount approved with respect to such loan is more than $150,000 but less than or equal to $500,000-- ``(i) the first disbursement with respect to such loan shall consist of 20 percent of the total loan amount, or a lesser percentage of the total loan amount if the Administrator and the borrower agree on such a lesser percentage; ``(ii) the second disbursement shall consist of 30 percent of the loan amounts that remain after the first disbursement, and shall be made when the borrower has produced satisfactory receipts to demonstrate the proper use of 50 percent of the first disbursement; ``(iii) the third disbursement shall consist of 25 percent of the loan amounts that remain after the first and second disbursements, and shall be made when the borrower has produced satisfactory receipts to demonstrate the proper use of the first disbursement and 50 percent of the second disbursement; and ``(iv) the fourth disbursement shall consist of the loan amounts that remain after the preceding disbursements, and shall be made when the borrower has produced satisfactory receipts to demonstrate the proper use of the first and second disbursements and 50 percent of the third disbursement. ``(C) If the total amount approved with respect to such loan is more than $500,000-- ``(i) the first disbursement with respect to such loan shall consist of at least $100,000, or a lesser amount if the Administrator and the borrower agree on such a lesser amount; and ``(ii) the number of disbursements after the first, and the amount of each such disbursement, shall be in the discretion of the Administrator, but the amount of each such disbursement shall be at least $100,000.''. SEC. 6. GRANT PROGRAM. Section 7(b) of the Small Business Act (15 U.S.C. 636(b)), as amended by this Act, is further amended by inserting after paragraph (9) the following: ``(10) Grants to disaster-affected small businesses.-- ``(A) In general.--If the Administrator declares eligibility for additional disaster assistance under paragraph (9), the Administrator may make a grant, in an amount not exceeding $100,000, to a small business concern that-- ``(i) is located in an area affected by the applicable major disaster; ``(ii) submits to the Administrator a certification by the owner of the concern that such owner intends to reestablish the concern in the same county in which the concern was originally located; ``(iii) has applied for, and was rejected for, a conventional disaster assistance loan under this subsection; and ``(iv) was in existence for at least 2 years before the date on which the applicable disaster declaration was made. ``(B) Priority.--In making grants under this paragraph, the Administrator shall give priority to a small business concern that the Administrator determines is economically viable but unable to meet short-term financial obligations. ``(C) Program level and authorization of appropriations.-- ``(i) Program level.--The Administrator is authorized to make $100,000,000 in grants under this paragraph for each of fiscal years 2010 and 2011. ``(ii) Authorization of appropriations.-- There are authorized to be appropriated to the Administrator such sums as may be necessary to carry out this paragraph.''. SEC. 7. REGIONAL DISASTER WORKING GROUPS. Section 40 of the Small Business Act (15 U.S.C. 657l) is amended-- (1) in subsection (a), in the matter preceding paragraph (1), by striking ``or'' and inserting ``and''; (2) by redesignating subsection (d) as subsection (e); and (3) by inserting after subsection (c) the following: ``(d) Regional Disaster Working Groups.--In carrying out the responsibilities pertaining to loan making activities under subsection (a), the Administrator, acting through the regional administrators of the regional offices of the Administration, shall develop a disaster preparedness and response plan for each region of the Administration. Each such plan shall be developed in cooperation with Federal, State, and local emergency response authorities and representatives of businesses located in the region to which such plan applies. Each such plan shall identify and include a plan relating to the 3 disasters, natural or manmade, most likely to occur in the region to which such plan applies.''. SEC. 8. OUTREACH GRANTS FOR LOAN APPLICANT ASSISTANCE. Section 7(b) of the Small Business Act (15 U.S.C. 636(b)), as amended by this Act, is further amended by inserting after paragraph (10) the following: ``(11) Outreach grants for loan applicant assistance.-- ``(A) In general.--From amounts made available for administrative expenses relating to activities under this subsection, the Administrator is authorized to make grants to the following: ``(i) A women's business center in an area affected by a disaster. ``(ii) A small business development center in an area affected by a disaster. ``(iii) A Veteran Business Outreach Center in an area affected by a disaster. ``(iv) A chamber of commerce in an area affected by a disaster. ``(B) Use of grant.--An entity specified under subparagraph (A) shall use a grant received under this paragraph to provide application preparation assistance to applicants for a loan under this subsection. ``(C) Program level.--The Administrator is authorized to make $50,000,000 in grants under this paragraph for each of fiscal years 2010 and 2011.''. SEC. 9. HOMEOWNERS IMPACTED BY TOXIC DRYWALL. Section 7(b) of the Small Business Act (15 U.S.C. 636(b)), as amended by this Act, is further amended by inserting after paragraph (11) the following: ``(12) Homeowners impacted by toxic drywall.--The Administrator may make a loan under this subsection to any homeowner if the primary residence of such homeowner has been adversely impacted by the installation of toxic drywall manufactured in China. A loan under this paragraph may be used only for the repair or replacement of such toxic drywall.''. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. Section 20 of the Small Business Act (15 U.S.C. 631 note) is amended by inserting after subsection (e) the following: ``(f) Fiscal Years 2010 and 2011 With Respect to Section 7(b).-- There is authorized to be appropriated such sums as may be necessary for administrative expenses and loans under section 7(b).''. SEC. 11. REGULATIONS. Except as otherwise provided in this Act or in amendments made by this Act, after an opportunity for notice and comment, but not later than 180 days after the date of the enactment of this Act, the Administrator shall issue regulations to carry out this Act and the amendments made by this Act. Passed the House of Representatives November 6, 2009. Attest: LORRAINE C. MILLER, Clerk.

Small Business Disaster Readiness and Reform Act of 2009 - (Sec. 2) Amends the Small Business Act to prohibit the Administrator of the Small Business Administration (SBA), in making a small business disaster loan of $250,000 or less, from requiring a borrower to use the borrower's home as collateral. (Sec. 3) Increases the SBA disaster loan limit to $3 million. Prohibits the Administrator from requiring repayment on such loans until 12 months after final disbursement of the approved loan amount. (Sec. 5) Provides specific disbursement directions for each of the following categories of loans: (1) $150,000 or less; (2) more than $150,000 up to $500,000; and (3) more than $500,000. (Sec. 6) Authorizes the Administrator to make a disaster assistance grant of up to $100,000 to a small business that: (1) is located in an area affected by a major disaster; (2) certifies its intention to reestablish the business in the same county as originally located; (3) has applied and was rejected for a conventional disaster assistance loan; and (4) was in existence for at least two years before the disaster declaration. Provides a grant priority for small businesses determined to be economically viable but unable to meet short-term financial obligations. Authorizes grants of $100 million for each of FY2010-FY2011 and authorizes appropriations for such grants. (Sec. 7) Directs the Administrator to develop a disaster preparedness and response plan for each SBA region. Requires each plan to identify the three disasters, natural or manmade, most likely to occur in such region. (Sec. 8) Authorizes the Administrator to make outreach grants for loan application assistance to the following in areas affected by a disaster: (1) a women's business center; (2) a small business development center; (3) a veterans business outreach center; and (4) a chamber of commerce. Authorizes grants for each of FY2010-FY2011. (Sec. 9) Authorizes the Administrator to make a loan to any homeowner whose primary residence has been adversely impacted by the installation of toxic drywall manufactured in China. Allows the loan to be used only for the repair or replacement of such drywall. (Sec. 10) Authorizes appropriations for FY2010-FY2011 for administrative expenses and small business disaster assistance loans.

{"src": "billsum_train", "title": "To amend the Small Business Act to improve the disaster relief programs of the Small Business Administration, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Swap Jurisdiction Certainty Act''. SEC. 2. JOINT RULEMAKING ON CROSS-BORDER SWAPS. (a) Joint Rulemaking Required.-- (1) In general.--Not later than 270 days after the date of enactment of this Act, the Securities and Exchange Commission and the Commodity Futures Trading Commission shall jointly issue rules setting forth the application of United States swaps requirements of the Securities Exchange Act of 1934 and the Commodity Exchange Act relating to cross-border swaps and security-based swaps transactions involving U.S. persons or non-U.S. persons. (2) Construction.--The rules required under paragraph (1) shall be identical, notwithstanding any difference in the authorities granted the Commissions in section 30(c) of the Securities Exchange Act of 1934 (15 U.S.C. 78dd(c)) and section 2(i) of the Commodity Exchange Act (7 U.S.C. 2(i)), respectively, except to the extent necessary to accommodate differences in other underlying statutory requirements under such Acts, and the rules thereunder. (b) Considerations.--The Commissions shall jointly issue rules that address-- (1) the nature of the connections to the United States that require a non-U.S. person to register as a swap dealer, major swap participant, security-based swap dealer, or major security-based swap participant under each Commission's respective Acts and the regulations issued under such Acts; (2) which of the United States swaps requirements shall apply to the swap and security-based swap activities of non- U.S. persons, U.S. persons, and their branches, agencies, subsidiaries, and affiliates outside of the United States and the extent to which such requirements shall apply; and (3) the circumstances under which a non-U.S. person in compliance with the regulatory requirements of a foreign jurisdiction shall be exempt from United States swaps requirements. (c) Rule in Accordance With APA Required.--No guidance, memorandum of understanding, or any such other agreement may satisfy the requirement to issue a joint rule from the Commissions in accordance with section 553 of title 5, United States Code. (d) General Application to Countries or Administrative Regions Having Nine Largest Markets.-- (1) General application.--In issuing rules under this section, the Commissions shall provide that a non-U.S. person in compliance with the swaps regulatory requirements of a country or administrative region that has one of the nine largest combined swap and security-based swap markets by notional amount in the calendar year preceding issuance of such rules, or other foreign jurisdiction as jointly determined by the Commissions, shall be exempt from United States swaps requirements in accordance with the schedule set forth in paragraph (2), unless the Commissions jointly determine that the regulatory requirements of such country or administrative region or other foreign jurisdiction are not broadly equivalent to United States swaps requirements. (2) Effective date schedule.--The exemption described in paragraph (1) and set forth under the rules required by this section shall apply to persons or transactions relating to or involving-- (A) countries or administrative regions described in such paragraph, or any other foreign jurisdiction as jointly determined by the Commissions, accounting for the five largest combined swap and security-based swap markets by notional amount in the calendar year preceding issuance of such rules, on the date on which final rules are issued under this section; and (B) the remaining countries or administrative regions described in such paragraph, and any other foreign jurisdiction as jointly determined by the Commissions, 1 year after the date on which such rules are issued. (3) Criteria.--In such rules, the Commissions shall jointly establish criteria for determining that one or more categories of regulatory requirements of a country or administrative region described in paragraph (1) or other foreign jurisdiction is not broadly equivalent to United States swaps requirements and shall jointly determine the appropriate application of certain United States swap requirements to persons or transactions relating to or involving such country or administrative region or other foreign jurisdiction. Such criteria shall include the scope and objectives of the regulatory requirements of a country or administrative region described in paragraph (1) or other foreign jurisdiction as well as the effectiveness of the supervisory compliance program administered, and the enforcement authority exercised, by such country or administrative region or other foreign jurisdiction, and such other factors as the Commissions, by rule, jointly determine to be necessary or appropriate in the public interest. (4) Required assessment.--Beginning on the date on which final rules are issued under this section, the Commissions shall begin to jointly assess the regulatory requirements of countries or administrative regions described in paragraph (1), as the Commissions jointly determine appropriate, in accordance with the criteria established pursuant to this subsection, to determine if one or more categories of regulatory requirements of such a country or administrative region or other foreign jurisdiction is not broadly equivalent to United States swaps requirements. (e) Report to Congress.--If the Commissions make the joint determination described in subsection (d)(1) that the regulatory requirements of a country or administrative region described in such subsection or other foreign jurisdiction are not broadly equivalent to United States swaps requirements, the Commissions shall articulate the basis for such a determination in a written report transmitted to the Committee on Financial Services and the Committee on Agriculture of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Agriculture, Nutrition, and Forestry of the Senate within 30 days of the determination. The determination shall not be effective until the transmission of such report. (f) Definitions.--As used in this Act and for purposes of the rules issued pursuant to this Act, the following definitions apply: (1) The term ``U.S. person''-- (A) means-- (i) any natural person resident in the United States; (ii) any partnership, corporation, trust, or other legal person organized or incorporated under the laws of the United States or having its principal place of business in the United States; (iii) any account (whether discretionary or non-discretionary) of a U.S. person; and (iv) any other person as the Commissions may further jointly define to more effectively carry out the purposes of this Act; and (B) does not include the International Monetary Fund, the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank, the United Nations, their agencies and pension plans, and any other similar international organizations and their agencies and pension plans. (2) The term ``United States swaps requirements'' means the provisions relating to swaps and security-based swaps contained in the Commodity Exchange Act (7 U.S.C. 1a et seq.) and the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) that were added by title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (15 U.S.C. 8301 et seq.) and any rules or regulations prescribed by the Securities and Exchange Commission and the Commodity Futures Trading Commission pursuant to such provisions. (g) Conforming Amendments.-- (1) Securities exchange act of 1934.--Section 36(c) of the Securities Exchange Act of 1934 (15 U.S.C. 78mm(c)) is amended by inserting ``or except as necessary to effectuate the purposes of the Swap Jurisdiction Certainty Act,'' after ``to grant exemptions,''. (2) Commodity exchange act.--Section 4(c)(1)(A) of the Commodity Exchange Act (7 U.S.C. 6(c)(1)(A)) is amended by inserting ``or except as necessary to effectuate the purposes of the Swap Jurisdiction Certainty Act,'' after ``to grant exemptions,''. Passed the House of Representatives June 12, 2013. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House as amended, Part I, on June 10, 2013. Swap Jurisdiction Certainty Act - Directs the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) to issue jointly rules governing the application of swaps requirements of the Securities Exchange Act of 1934 and the Commodity Exchange Act, relating to cross-border swaps and security-based swaps transactions involving U.S. persons or non-U.S. persons. Requires such rules to be identical (except to the extent necessary to accommodate differences in other underlying statutory requirements), and to address: (1) the nature of the connections to the United States that require a non-U.S. person to register as a swap dealer, major swap participant, security-based swap dealer, or security-based swap participant under each Commission's respective Acts and related regulations; (2) the extent to which U.S. swaps requirements shall apply to the swap and security-based swap activities of non-U.S. persons, U.S. persons, and their branches, agencies, subsidiaries, and affiliates outside the United States; and (3) the circumstances under which a non-U.S. person in compliance with the regulatory requirements of a foreign jurisdiction shall be exempt from U.S. swaps requirements. Directs the Commissions to exempt from U.S. swaps requirements any non-U.S. person in compliance with the swaps regulatory requirements of a country or administrative region having one of the nine largest combined swap and security-based swap markets by notional amount in the calendar year preceding issuance of such rules (unless the Commissions jointly determine that such requirements are not broadly equivalent to U.S. swaps requirements). Requires the Commissions to report to Congress if they determine jointly that the regulatory requirements of such foreign jurisdictions are not broadly equivalent to U.S. swaps requirements.

{"src": "billsum_train", "title": "Swap Jurisdiction Certainty Act"}

SECTION 1. EXEMPTION FOR CERTAIN DIVIDENDS PAID BY REGULATED INVESTMENT COMPANIES TO NONRESIDENT ALIENS EXPANDED AND MADE PERMANENT. (a) Expansion of Exemption for Interest-Related Dividends.-- (1) In general.--Subparagraph (E) of section 871(k)(1) of the Internal Revenue Code of 1986 is amended by striking clauses (iii) and (iv) and inserting the following new clauses: ``(iii) Any amount referred to in subsection (i)(2)(A) (without regard to the trade or business of the regulated investment company) or in subsection (i)(2)(B). ``(iv) Any interest which is exempt from tax under section 103 or any other provision of law without regard to the identity of the holder. ``(v) Any other amount includible in gross income that is determined by reference to an interest rate and that would not be subject to withholding under section 1441 if received by a nonresident alien individual. ``(vi) Any amount includible in gross income from sources without the United States. ``(vii) Any qualified income-related dividend includible in gross income with respect to stock of another regulated investment company.''. (2) Modification of exceptions.--Clause (i) of section 871(k)(1)(B) of such Code is amended by striking ``interest (other than interest described in subparagraph (E)(i) or (iii))'' and inserting ``interest described in subparagraph (E)(ii) (and not described in subparagraph (E) (i), (iii), or (iv))''. (3) Conforming amendments.-- (A) Paragraph (1) of section 871(k) of such Code is amended-- (i) by striking ``interest-related dividend'' each place it appears in the text and inserting ``qualified income-related dividend'', (ii) by striking ``qualified net interest income'' each place it appears in the text and inserting ``qualified net income'', (iii) by striking ``qualified interest income'' each place it appears in the text and inserting ``qualified income'', (iv) by striking ``Interest-related dividends'' in the heading thereof and inserting ``Qualified income-related dividends'', (v) by striking ``Interest related dividend'' in the heading of subparagraph (C) and inserting ``Qualified income-related dividend'', (vi) by striking ``Qualified net interest income'' in the heading of subparagraph (D) and inserting ``Qualified net income'', and (vii) by striking ``Qualified interest income'' in the heading of subparagraph (E) and inserting ``Qualified income''. (B) Paragraph (1) of section 881(e) of such Code is amended-- (i) by striking ``interest-related dividend'' each place it appears in subparagraphs (A) and (B) and inserting ``qualified income-related dividend'', (ii) by striking ``interest received'' in subparagraph (B)(ii) and inserting ``interest described in clause (ii) of section 871(k)(1)(E) (and not described in clause (i), (iii), or (iv) of such section) received'', (iii) by striking ``interest-related dividend received'' in subparagraph (C) and inserting ``qualified income-related dividend received from a regulated investment company'', (iv) by striking ``clause (i) or (iii)'' in subparagraph (C) and inserting ``clause (i), (iii), or (iv)'', and (v) by striking ``Interest-related dividends'' in the heading thereof and inserting ``Qualified income-related dividends''. (b) Effective Date.--The amendments made by this section shall apply to dividends with respect to taxable years of regulated investment companies beginning after December 31, 2015.

This bill amends the Internal Revenue Code, with respect to the tax on nonresident alien individuals, to expand the categories of interest-related dividends for which a tax exemption is allowed.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to expand rules related to investment by nonresident aliens in domestic mutual funds and business development companies."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Grants for Renewable Energy Education for the Nation Act'' or the ``GREEN Act''. SEC. 2. FINDINGS. Congress finds that-- (1) career and technical education provides education pathways that help students explore interests and careers that support the United States economy; (2) the United States needs to develop renewable energy options that conserve energy and provide energy efficiency and new and yet unrecognized fields are developing as a result of the attention and focus on renewable energy, and new workers will be needed for professions in these fields; (3) the Conference of Mayors reports that millions of U.S. workers across a wide range of familiar occupations, States, and income and skill levels will all benefit from the project of defeating global warming and transforming the United States into a green economy; (4) a report commissioned by the American Solar Energy Society attributed 8.5 million jobs in 2006 to renewable energy or energy efficient industries and the Apollo Alliance predicts that the Nation could generate 3 million to 5 million more green jobs over the next 10 years; (5) more than 40 percent of the fastest growing occupations will require an associate's degree, a postsecondary vocational certificate, or extensive job training, according to a Bureau of Labor Statistics Report; (6) more than 80 percent of respondents in the National Association of Manufacturers 2005 skills gap report indicated that they are experiencing a shortage of qualified workers overall with 13 percent reporting severe shortages and 68 percent indicating moderate shortages; (7) career and technical education graduates are more likely to be in the labor force and earn more than graduates who have a high school degree; and (8) career and technical education programs need support in acquiring the latest technology and developing programs that prepare students for the new and emerging renewable energy field. SEC. 3. RENEWABLE ENERGY CURRICULUM DEVELOPMENT GRANTS. (a) Authorization.--The Secretary of Education is authorized to award grants, on a competitive basis, to eligible partnerships to develop programs of study (containing the information described in section 122(c)(1)(A) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2342)), that are focused on emerging careers and jobs in the renewable energy sector. (b) Eligible Partnerships.--For purposes of this section, an eligible partnership shall include-- (1) at least 1 local education agency eligible for funding under section 131 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2351) or an area career and technical education school or education service agency described in such section; (2) at least 1 postsecondary institution eligible for funding under section 132 of such Act (20 U.S.C. 2352); and (3) representatives of the community including business, labor organizations, and industry that has experience in the renewable energy field. (c) Application.--An eligible partnership seeking a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Applications shall include-- (1) a description of the eligible partners and partnership, the roles and responsibilities of each partner, and a demonstration of each partner's capacity to support the program; (2) a description of the career area or areas within the field of renewable energy to be developed, the reason for the choice, and evidence of the labor market need to prepare students in that area; (3) a description of the new or existing program of study and both secondary and postsecondary components; (4) a description of the students to be served by the new program of study; (5) a description of how the program of study funded by the grant will be replicable and disseminated to schools outside of the partnership, including urban and rural areas; (6) a description of applied learning that will be incorporated into the program of study and how it will incorporate or reinforce academic learning; (7) a description of how the program of study will be delivered; (8) a description of how the program will provide accessibility to students, especially economically disadvantaged, low performing and urban and rural students; and (9) a description of how the program will address placement of students in non-traditional fields as described in section 3(20) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302(20)). (d) Priority.--The Secretary shall give priority to applications that-- (1) use online learning or other innovative means to deliver the program of study to students, educators, and instructors outside of the partnership; and (2) focus on low performing students and special populations as defined in section 3(29) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302(29)). (e) Peer Review.--The Secretary shall convene a peer review process to review applications for grants under this section and to make recommendations regarding the selection of grantees. Members of the peer review committee shall include-- (1) educators who have experience implementing renewable energy curriculums; and (2) business and industry experts who work and build in renewable energy fields. (f) Uses of Funds.--Grants awarded under this section shall be used for the development, implementation, and dissemination of programs of study (as described in section 122(c)(1)(A) of the Carl D. Perkins Career and Technical Education Act (20 U.S.C. 2342(c)(1)(A))) in career areas related to energy sustainability. SEC. 4. RENEWABLE ENERGY FACILITIES GRANTS. (a) Authorization.--The Secretary of Education is authorized to award grants, on a competitive basis, to eligible entities to promote development of career and technical education facilities that are energy efficient and promote the use of renewable energy practices. (b) Eligible Entities.--For purposes of this section, eligible entities include-- (1) a local education agency eligible for funding under section 131 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2351) or an area career and technical education school or education service agency described under that section; or (2) a postsecondary institution eligible for funding under section 132 of such Act (20 U.S.C. 2352). (c) Application.--An eligible entity seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Peer Review.--The Secretary shall convene a peer review process to review applications for grants under this section and to make recommendations regarding the selection of grantees. Members of the peer review committee shall include-- (1) career and technical education administrators who have experience with energy-efficient facilities and equipment; and (2) business and industry experts who build and work in renewable energy facilities. (e) Use of Funds.--Grants awarded under this section shall be used for-- (1) performing an evaluation of the sustainability aspects of current facilities, unless such an evaluation has been conducted prior to receiving a grant under this section; (2) convening stakeholders, including organizations devoted to the promotion and support of renewable energy activities, to develop a plan to address needs identified in such an evaluation, unless such a plan has already been developed prior to receiving a grant under this section; (3) initiating activities related to the construction, operation, and improvement of facilities that promote the use of renewable energy practices; (4) purchasing energy-efficient machinery, technology, or other physical equipment used as an educational tool to deliver career and technical education courses; (5) measuring the effectiveness of the new or improved facilities and infrastructure, such as complying with existing renewable energy standards; and (6) communicating the lessons and practices learned from the building upgrades to other institutions. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $100,000,000 to the Secretary of Education to carry out the grant program established under this Act.

Grants for Renewable Energy Education for the Nation Act or the GREEN Act - Authorizes the Secretary of Education to award competitive grants to partnerships of local educational agencies (LEAs), postsecondary institutions, and renewable energy industry representatives to develop programs of study focused on emerging careers and jobs in the renewable energy sector. Requires a priority be given to grant applications that: (1) use online learning or other innovative methods to deliver a program of study to individuals outside the partnership; and (2) focus on low-performing students and special populations. Authorizes the Secretary to award competitive grants to LEAs and postsecondary institutions to promote development of career and technical educational facilities that are energy efficient and use renewable energy practices.

{"src": "billsum_train", "title": "To provide support to develop career and technical education programs of study and facilities in the areas of renewable energy."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Fair Federal Compensation Act of 2004''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds as follows: (1) A General Accounting Office (GAO) report of May 2003 found that the District of Columbia has a substantial structural imbalance, ranging from $470,000,000 to $1,100,000,000 annually, and that this imbalance is beyond the direct control of local officials because it is caused by mandates, legislation, and other requirements imposed by the Federal Government. (2) The GAO report was preceded by 2 reports by distinguished groups who also concluded that the District had a structural imbalance: A 2002 McKenzie study commissioned by the Federal City Council (an organization of regional and local business leaders), and a 2002 study by the Brookings Institute, led by Alice Rivlin, the former director of the Congressional Budget Office and former chair of the District of Columbia Financial Responsibility and Management Assistance Authority. (3) The components of the structural deficit are all Federal in origin and consist of the following: Locally provided services to the Federal Government; a Federal statute which exempts from taxation 66 percent of the income earned in the District; the exemption from taxation of 42 percent of the real property owned by the Federal Government; and the requirement to provide State services, such as special education and mental health, although the District is not a State. (4) The District's tax burden is among the highest in the Nation because of the Federal requirements documented in the 2003 GAO report. However, the funding provided by these taxes is still insufficient to meet the obligations of the District, especially the long-term obligations to carry out critical capital projects to maintain and improve the District's infrastructure, projects that are not only typically funded by a State but that the District must carry out because of its mandate to support the infrastructure needs of the Federal Government and the entire Washington region. As a result, the District must obtain the funds needed to meet these obligations through a continuous series of borrowings, incurring more and more debt service payments each year, and causing the District's per capita rate of general obligation debt to be the highest in the Nation. (5) The GAO concluded that greater management efficiency by the District government is necessary, but that ``management improvement will not offset the underlying structural imbalance because it is caused by factors beyond the direct control of District officials''. (6) The GAO recommended against the only 2 alternatives available to the District. Raising taxes would ``worsen D.C.'s competitive advantage in attracting new businesses and residents'' and cutting services for residents and visitors would have ``undesirable consequences for the District's economy''. (7) According to the GAO, the options are to ``change Federal procedures to expand the District's tax base or provide additional financial support and a greater role by the Federal Government to help the District maintain fiscal balance''. (8) The District of Columbia, through prudent budgeting and improved management, has had a balanced budget with surpluses for 7 years; however, the District's Chief Financial Officer (whose position was created by a Federal statute) has found that severe fiscal problems are inevitable as the District works to close spending pressures and find remedies to its inherent structural imbalance. (9) Maintaining financial stability in the District, just as in other cities, requires a stable, predictable source of revenue that increases modestly but regularly over time. (b) Purpose.--It is the purpose of this Act to provide an efficient mechanism and formula for the transfer of revenue from the Federal Government to the District government, and to dedicate this revenue for the sole purpose of rectifying an annual structural imbalance which is due to-- (1) Federal requirements and limitations on the ability of the District of Columbia to generate revenue; (2) the use of District of Columbia real property by the Federal Government for Federal facilities and other Federal purposes; and (3) the District's status as a Federal city which is not part of a State but incurs many of the same expenses as a State that would otherwise be responsible for these expenses. TITLE I--DIRECT FEDERAL CONTRIBUTION FOR INFRASTRUCTURE COSTS SEC. 101. ESTABLISHMENT OF DIRECT FEDERAL CONTRIBUTION TO DISTRICT OF COLUMBIA. (a) Entitlement of District to Contribution.--For each fiscal year beginning with fiscal year 2005, the District of Columbia shall be entitled to receive an annual infrastructure support contribution to support the infrastructure used by the District of Columbia and in part by the region in accordance with this title. (b) Obligation of United States.--Subsection (a) constitutes budget authority in advance of appropriations acts and represents the obligation of the Federal Government to make annual infrastructure support contributions in accordance with this title. SEC. 102. DETERMINATION OF AMOUNT OF CONTRIBUTION. (a) In General.--The amount of the annual infrastructure support contribution required by this title is equal to-- (1) in the case of fiscal year 2005, $800,000,000; and (2) in the case of each succeeding fiscal year, the amount required for the previous fiscal year, increased by the applicable index described in subsection (b). (b) Applicable Index.--In subsection (a), the ``applicable index'' with respect to a fiscal year is the greater of-- (1) the percentage by which the Consumer Price Index (all Urban Consumers, United States City Average) for the 12-month period ending on June 30 preceding the beginning of the fiscal year exceeds such Consumer Price Index for the preceding 12- month period; or (2) 4 percent. TITLE II--DEDICATED INFRASTRUCTURE ACCOUNT SEC. 201. ESTABLISHMENT OF ACCOUNT. There is established in the general fund of the District of Columbia an account to be known as the Dedicated Infrastructure Account (hereafter in this title referred to as the ``Account''), which shall consist of the following amounts: (1) Amounts deposited pursuant to section 202. (2) Such other amounts as may be deposited pursuant to District of Columbia law. (3) Interest earned on amounts in the account. SEC. 202. DEPOSIT OF ANNUAL INFRASTRUCTURE SUPPORT CONTRIBUTION. Each annual infrastructure support contribution made to the District of Columbia under title I for a fiscal year shall be deposited into the Account. SEC. 203. USE OF AMOUNTS IN ACCOUNT. (a) In General.--Amounts in the Account may be used only for the following purposes: (1) Transportation activities, including the payment of the local share of participation in public transportation activities and road construction and improvement projects. (2) Information technology improvements for the District government. (3) Debt service payments on bonds, notes, and other obligations of the District government. (4) Building and facility maintenance, construction, and capital improvement projects for District of Columbia public schools and public charter schools. (b) Availability of Funds.--Funds appropriated or otherwise made available from the Account shall remain available until expended.

District of Columbia Fair Federal Compensation Act of 2004 - Provides for an annual Federal infrastructure support contribution to the District of Columbia. Establishes the Dedicated Infrastructure Account in the general fund of the District.

{"src": "billsum_train", "title": "To establish an annual Federal infrastructure support contribution for the District of Columbia, and for other purposes."}

SECTION 1. CANEEL BAY LEASE AUTHORIZATION. (a) Definitions.--In this section: (1) Park.--The term ``Park'' means the Virgin Islands National Park. (2) Resort.--The term ``resort'' means the Caneel Bay resort on the island of St. John in the Park. (3) Retained use estate.--The term ``retained use estate'' means the retained use estate for the Caneel Bay property on the island of St. John entered into between the Jackson Hole Preserve and the United States on September 30, 1983 (as amended, assigned, and assumed). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (b) Lease Authorization.-- (1) In general.--If the Secretary determines that the long-term benefit to the Park would be greater by entering into a lease with the owner of the retained use estate than by authorizing a concession contract upon the termination of the retained use estate, the Secretary may enter into a lease with the owner of the retained use estate for the operation and management of the resort. (2) Acquisitions.--The Secretary may-- (A) acquire associated property from the owner of the retained use estate; and (B) on the acquisition of property under subparagraph (A), administer the property as part of the Park. (3) Authority.--Except as otherwise provided by this section, a lease shall be in accordance with subsection (k) of section 3 of Public Law 91-383 (16 U.S.C. 1a-2(k)), notwithstanding paragraph (2) of that subsection. (4) Terms and conditions.--A lease authorized under this section shall-- (A) be for the minimum number of years practicable, taking into consideration the need for the lessee to secure financing for necessary capital improvements to the resort, but in no event shall the term of the lease exceed 40 years; (B) prohibit any transfer, assignment, or sale of the lease or otherwise convey or pledge any interest in the lease without prior written notification to, and approval by the Secretary; (C) ensure that the general character of the resort property remains unchanged, including a prohibition against-- (i) any increase in the overall size of the resort; or (ii) any increase in the number of guest accommodations available at the resort; (D) prohibit the sale of partial ownership shares or timeshares in the resort; (E) include provisions to ensure the protection of the natural, cultural, and historic features of the resort and associated property, consistent with the laws and policies applicable to property managed by the National Park Service; and (F) include any other provisions determined by the Secretary to be necessary to protect the Park and the public interest. (5) Rental amounts.--In determining the fair market value rental of the lease required under section 3(k)(4) of Public Law 91-383 (16 U.S.C. 1a-2(k)(4)), the Secretary shall take into consideration-- (A) the value of any associated property conveyed to the United States; and (B) the value, if any, of the relinquished term of the retained use estate. (6) Use of proceeds.--Rental amounts paid to the United States under a lease shall be available to the Secretary, without further appropriation, for visitor services and resource protection within the Park. (7) Congressional notification.--The Secretary shall submit a proposed lease under this section to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives at least 60 days before the award of the lease. (8) Renewal.--A lease entered into under this section may not be extended or renewed. (9) Termination.--Upon the termination of a lease entered into under this section, if the Secretary determines the continuation of commercial services at the resort to be appropriate, the services shall be provided in accordance with the National Park Service Concessions Management Improvement Act of 1998 (16 U.S.C. 5951 et seq.). (c) Retained Use Estate.-- (1) In general.--As a condition of the lease, the owner of the retained use estate shall terminate, extinguish, and relinquish to the Secretary all rights under the retained use estate and shall transfer, without consideration, ownership of improvements on the retained use estate to the National Park Service. (2) Appraisal.-- (A) In general.--The Secretary shall require an appraisal by an independent, qualified appraiser who is agreed to by the Secretary and the owner of the retained use estate to determine the value, if any, of the relinquished term of the retained use estate. (B) Requirements.--An appraisal under paragraph (1) shall be conducted in accordance with-- (i) the Uniform Appraisal Standards for Federal Land Acquisitions; and (ii) the Uniform Standards of Professional Appraisal Practice. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Authorizes the Secretary of the Interior, if the long-term benefit to the Virgin Islands National Park would be greater by entering into a lease than by authorizing a concession contract, to enter into a lease with the owner of the retained use estate for the operation and management of the Caneel Bay resort on the island in the Park. Allows the Secretary to acquire associated property. Sets forth the terms and conditions for the lease authorized by this Act, including provisions ensuring protection of the natural, cultural, and historic features of the resort and associated property, consistent with the laws and policies applicable to property managed by the National Park Service (NPS). Instructs the Secretary, in determining the fair market value rental of the lease, to take into consideration: (1) the value of any associated property conveyed; and (2) the value, if any, of the relinquished term of the retained use estate. Makes rental amounts paid to the United States under the lease available for visitor services and resource protection within the Virgin Islands National Park. Requires the Secretary to submit a proposed lease to Congress at least 60 days before the award of the lease. Prohibits the extension or renewal of a lease entered into under this Act. Requires, upon the termination of such a lease, that if the Secretary determines the continuation of commercial services at the resort to be appropriate, such services shall be provided in accordance with the National Park Service Concessions Management Improvement Act of 1998. Requires the owner of the retained use estate to terminate, extinguish, and relinquish to the Secretary all rights under the retained use estate and transfer, without consideration, ownership of improvements on the retained use estate to the NPS. Requires an appraisal that is agreed to by the Secretary and the owner to determine the value, if any, of the relinquished term of the retained use estate, to be conducted in accordance with this Act.

{"src": "billsum_train", "title": "To authorize the Secretary of the Interior to lease certain lands in Virgin Islands National Park, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Fairness and Stability Act''. SEC. 2. SHIFT IN THE COLLECTION OF THE PAYMENT FOR THE TRANSITIONAL REINSURANCE PROGRAM. (a) In General.--Section 1341(b) of the Patient Protection and Affordable Care Act (42 U.S.C. 18061(b)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A)-- (i) by inserting ``beginning on January 1, 2018,'' after ``required to make payments''; and (ii) by striking ``any plan year beginning in the 3-year period'' and all that follows through the end and inserting ``payments made under subparagraph (C) (as specified in paragraph (3));''; (B) in subparagraph (B), by striking ``and uses'' and all that follows through the period and inserting ``; and''; and (C) by adding at the end the following: ``(C) the applicable reinsurance entity makes reinsurance payments to health insurance issuers described in subparagraph (A) that cover high risk individuals in the individual market (excluding grandfathered health plans) for any plan year beginning in the 3-year period beginning January 1, 2014, in an aggregate amount of up to the total of the aggregate contribution amounts described in paragraph (3)(B)(iv), subject to paragraph (4).''; (2) in paragraph (2), by striking ``paragraph (1)(B)'' and inserting ``paragraph (1)(C)''; (3) in paragraph (3)-- (A) in subparagraph (A), by striking ``2014'' and inserting ``2018''; and (B) in subparagraph (B)-- (i) in clause (ii), by striking ``administrative'' and inserting ``operational''; (ii) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; (iii) by inserting after clause (ii), the following: ``(iii) the aggregate contribution amount for all States shall be based on the total amount of reinsurance payments made under paragraph (1)(C);''; (iv) by striking clause (iv), as so redesignated, and inserting the following: ``(iv) the aggregate contribution amount collected under clause (iii) shall, without regard to amounts described in clause (ii), be limited to $10,000,000,000 based on the plan years beginning in 2014, $6,000,000,000 based on the plan years beginning in 2015, and $4,000,000,000 based on the plan years beginning in 2016;''; (v) in clause (v), as so redesignated, by striking ``clause (iii)'' each place that such term appears and inserting ``clause (iv)''; and (vi) by inserting after clause (v), the following: ``(vi) in addition to the contribution amounts under clauses (iii), (iv), and (v), each issuer's contribution amount-- ``(I) shall reflect its proportionate share of an additional $20,300,000 for operational expenses for reinsurance payments for calendar year 2014 and for reinsurance collections for calendar year 2018; ``(II) shall reflect its proportionate share of operational expenses for reinsurance payments for calendar year 2015 and for reinsurance collections for calendar year 2019; and ``(III) shall reflect its proportionate share of operational expenses for reinsurance payments for calendar year 2016 and for reinsurance collections for calendar year 2020; and ``(vii) collection of the contribution amounts provided for in clauses (ii) through (vi) shall be initiated-- ``(I) for calendar year 2014, not earlier than January 1, 2018; ``(II) for calendar year 2015, not earlier than January 1, 2019; and ``(III) for calendar year 2016, not earlier than January 1, 2020.''; (4) in paragraph (4)-- (A) in subparagraph (A)-- (i) by striking ``contribution amounts collected for any calendar year'' and inserting ``amount provided under paragraph (5) for reinsurance payments described in paragraph (1)(C)''; and (ii) by striking ``; and'' and inserting a period; (B) by striking subparagraph (B); (C) by striking ``that--'' and all that follows through ``the contribution'' in subparagraph (A) and inserting ``that the contribution''; and (D) in the flush matter at the end, by striking ``paragraph (3)(B)(iv)'' and inserting the following: ``paragraph (3)(B)(v) and any amounts collected under clause (ii) of paragraph (3)(B) that, when combined with the funding provided for under paragraph (5), exceed the aggregate amount permitted for making the reinsurance payments described in paragraph (1)(C) and to fund the operational expenses of applicable reinsurance entities,''; and (5) by adding at the end the following: ``(5) Funding.--To carry out this section, there is appropriated, out of any money in the Treasury not otherwise appropriated, an amount equal to the aggregate amount to be collected for plan years beginning in 2014 set forth in paragraph (3)(B)(iv) for reinsurance payments described in paragraph (1)(C), and an amount equal to the contribution amounts set forth in paragraph (3)(B)(vi) to fund operational expenses of applicable reinsurance entities.''. (b) Rule of Construction.--Nothing in the amendments made by this section shall be construed to increase the amount of payments to be collected under subsection (b)(1)(A) or to decrease the amount of the reinsurance payments to be made under subsection (b)(1)(C) of section 1341 of the Patient Protection and Affordable Care Act (42 U.S.C. 18061). (c) Medical Loss Ratio.--The Secretary of Health and Human Services shall promulgate regulations or guidance to ensure that health insurance issuers reflect changes made in section 1341 of the Patient Protection and Affordable Care Act with section 2718 of the Public Health Service Act (42 U.S.C. 300gg-18) and sections 1342 and 1312(c) of the Patient Protection and Affordable Care Act (42 U.S.C. 18063 and 18032(c)).

Health Care Fairness and Stability Act - Amends the Patient Protection and Affordable Care Act (PPACA) to provide a temporary shift in the scheduled collection of payments for the transitional reinsurance program intended to help stabilize premiums for coverage in the individual health insurance markets from 2014 through 2016. Amends PPACA to delay the collection of reinsurance payments from health insurance issuers and third party administrators of certain self-insured group health plans until January 1, 2018. Amends PPACA to change the formula for determining the amount of contributions collected for payments to health insurance issuers that cover high risk individuals in the individual market.  

{"src": "billsum_train", "title": "Health Care Fairness and Stability Act"}

SECTION 1. JUDICIAL REVIEW OF ADOPTION OR REVISION OF SCHEDULE OF RATINGS FOR DISABILITIES. (a) Restatement of Current Authority With Authority for Review.-- The text of section 502 of title 38, United States Code, is amended to read as follows: ``(a) An action of the Secretary to which section 552(a)(1) or 553 of title 5, or both, refers is subject to judicial review. ``(b)(1) Except as provided in paragraph (2), review under subsection (a) shall be in accordance with chapter 7 of title 5, and may be sought only in the United States Court of Appeals for the Federal Circuit. ``(2) If review under subsection (a) is sought in connection with an appeal brought under the provisions of chapter 72 of this title, the provisions of that chapter shall apply rather than the provisions of chapter 7 of title 5. ``(c) In reviewing under subsection (b)(1) an action relating to the adoption or revision of the schedule of ratings for disabilities adopted under section 1155 of this title, the United States Court of Appeals for the Federal Circuit shall hold unlawful and set aside the action if the action is found by the Court to be-- ``(1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; or ``(2) in excess of statutory jurisdiction, authority, or limitations, or in violation of statutory right.''. (b) Applicability.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. The review described by subsection (c) of section 502 of title 38, United States Code, as so amended, shall be available only for a revision of the schedule of ratings of disabilities under section 1155 of that title that occurs on or after that date. SEC. 2. STANDARD OF REVERSAL BY COURT OF APPEALS FOR VETERANS CLAIMS OF ERRONEOUS FINDING OF FACT BY BOARD OF VETERANS' APPEALS. (a) Standard of Reversal.--Paragraph (4) of subsection (a) of section 7261 of title 38, United States Code, is amended by striking ``if the finding is clearly erroneous'' and inserting ``if such finding is not reasonably supported by a preponderance of the evidence''. (b) Scope of Authority.--That subsection is further amended-- (1) in the matter preceding paragraph (1), by striking ``this chapter'' and inserting ``section 7252(a) of this title''; and (2) in paragraph (4), as amended by subsection (a) of this section-- (A) by inserting ``adverse to the claimant that is'' after ``material fact''; and (B) by inserting ``or reverse'' after ``set aside''. (c) Matters Relating to Findings of Material Fact.--That section is further amended-- (1) by redesignating subsections (b), (c), and (d), as subsections (c), (d), and (e), respectively; and (2) by inserting after subsection (a) the following new subsection (b): ``(b)(1) In making a determination on a finding of material fact under subsection (a)(4), the Court shall utilize the record of proceedings containing such finding, as established for purposes of sections 5107(b) and 7252(c) of this title. ``(2) A determination on a finding of material fact under subsection (a)(4) shall specify the evidence or material on which the Court relied in making such determination.''. (d) Applicability.--(1) Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act. (2) The amendments made by subsections (a) and (b)(2) shall apply with respect to any appeal filed with the United States Court of Appeals for Veterans Claims-- (A) on or after the date of the enactment of this Act; or (B) before the date of the enactment of this Act, but in which a final decision has not been made under section 7291 of title 38, United States Code, as of that date. SEC. 3. REVIEW BY COURT OF APPEALS FOR THE FEDERAL CIRCUIT OF DECISIONS OF LAW OF COURT OF APPEALS OF VETERANS CLAIMS. (a) Review.--Section 7292(c) of title 38, United States Code, is amended in the first sentence by inserting after ``the validity of'' the following: ``a decision of the Court of Veterans Appeals on a rule of law or of''. (b) Applicability.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to any appeal-- (1) filed with the United States Court of Appeals for the Federal Circuit on or after the date of the enactment of this Act; or (2) pending with the United States Court of Appeals for the Federal Circuit as of the date of the enactment of this Act in which a final decision has not been rendered as of that date. SEC. 4. AUTHORITY OF COURT OF APPEALS FOR VETERANS CLAIMS TO AWARD FEES UNDER EQUAL ACCESS TO JUSTICE ACT FOR NON-ATTORNEY PRACTITIONERS. The authority of the United States Court of Appeals for Veterans Claims to award reasonable fees and expenses of attorneys under section 2412(b) of title 28, United States Code, shall include authority to award fees and expenses of individuals admitted to practice before the Court as non-attorney practitioners under subsection (b) or (c) of Rule 46 of the Rules of Practice and Procedure of the United States Court of Appeals for Veterans Claims as if such non-attorney practitioners were attorneys admitted to practice before the Court.

Allows only the Federal Circuit for the U.S. Court of Appeals to review and set aside changes made by the Department of Veterans Affairs to the schedule for veterans' disability ratings found to be arbitrary and capricious or in violation of a Federal statute.Requires the U.S. Court of Appeals for Veterans Claims (CAVC) to apply a preponderance of the evidence standard when reviewing findings of fact made by the Board of Veterans' Appeals.Permits the Federal Circuit to review CAVC decisions on questions of law.Allows the CAVC, when awarding attorney fees under the Equal Access to Justice Act, to award compensation to qualified non-attorney representatives appearing before the CAVC.

{"src": "billsum_train", "title": "A bill to amend title 38, United States Code, to facilitate and enhance judicial review of certain matters regarding veteran's benefits, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Waters of the United States Regulatory Overreach Protection Act of 2014''. SEC. 2. RULES AND GUIDANCE. (a) Identification of Waters Protected by the Clean Water Act.-- (1) In general.--The Secretary and the Administrator are prohibited from-- (A) developing, finalizing, adopting, implementing, applying, administering, or enforcing-- (i) the proposed rule described in the notice of proposed rule published in the Federal Register entitled ``Definition of `Waters of the United States' Under the Clean Water Act'' (79 Fed. Reg. 22188 (April 21, 2014)); or (ii) the proposed guidance submitted to the Office of Information and Regulatory Affairs of the Office of Management and Budget for regulatory review under Executive Order 12866, entitled ``Guidance on Identifying Waters Protected By the Clean Water Act'' and dated February 17, 2012 (referred to as ``Clean Water Protection Guidance'', Regulatory Identifier Number (RIN) 2040-ZA11, received February 21, 2012); or (B) using the proposed rule or proposed guidance described in subparagraph (A), any successor document, or any substantially similar proposed rule or guidance, as the basis for any rulemaking or decision regarding the scope or enforcement of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). (2) Use of rules and guidance.--The use of the proposed rule or proposed guidance described in paragraph (1)(A), any successor document, or any substantially similar proposed rule or guidance, as the basis for any rulemaking or decision regarding the scope or enforcement of the Federal Water Pollution Control Act shall be grounds for vacating the final rule, decision, or enforcement action. (b) Exemption for Certain Agricultural Conservation Practices.-- (1) In general.--The Secretary and the Administrator are prohibited from developing, finalizing, adopting, implementing, applying, administering, or enforcing the interpretive rule described in the notice of availability published in the Federal Register entitled ``Notice of Availability Regarding the Exemption from Permitting Under Section 404(f)(1)(A) of the Clean Water Act to Certain Agricultural Conservation Practices'' (79 Fed. Reg. 22276 (April 21, 2014)). (2) Withdrawal.--The Secretary and the Administrator shall withdraw the interpretive rule described in paragraph (1), and such interpretive rule shall have no force or effect. (3) Application.--Section 404(f)(1)(A) of the Federal Water Pollution Control Act (33 U.S.C. 1344(f)(1)(A)) shall be applied without regard to the interpretive rule described in paragraph (1). SEC. 3. FEDERALISM CONSULTATION. (a) In General.--The Secretary and the Administrator shall jointly consult with relevant State and local officials to develop recommendations for a regulatory proposal that would, consistent with applicable rulings of the United States Supreme Court, identify-- (1) the scope of waters covered under the Federal Water Pollution Control Act; and (2) the scope of waters not covered under such Act. (b) Consultation Requirements.--In developing the recommendations under subsection (a), the Secretary and the Administrator shall-- (1) provide relevant State and local officials with notice and an opportunity to participate in the consultation process under subsection (a); (2) seek to consult State and local officials that represent a broad cross-section of regional, economic, and geographic perspectives in the United States; (3) emphasize the importance of collaboration with and among the relevant State and local officials; (4) allow for meaningful and timely input by State and local officials; (5) be respectful of maintaining the Federal-State partnership in implementing the Federal Water Pollution Control Act; (6) take into consideration the input of State and local officials regarding matters involving differences in State and local geography, hydrology, climate, legal frameworks, economies, priorities, and needs; (7) promote transparency in the consultation process under subsection (a); and (8) explore with State and local officials whether Federal objectives under the Federal Water Pollution Control Act can be attained by means other than through a new regulatory proposal. (c) Reports.-- (1) In general.--Not later than 12 months after the date of the enactment of this Act, the Secretary and the Administrator shall publish in the Federal Register a draft report describing the recommendations developed under subsection (a). (2) Consensus requirement.--The Secretary and the Administrator may include a recommendation in the draft report only if consensus has been reached with regard to the recommendation among the Secretary, the Administrator, and the State and local officials consulted under subsection (a). (3) Failure to reach consensus.--If the Secretary, the Administrator, and the State and local officials consulted under subsection (a) fail to reach consensus on a regulatory proposal, the draft report shall identify that consensus was not reached and describe-- (A) the areas and issues where consensus was reached; (B) the areas and issues of continuing disagreement that resulted in the failure to reach consensus; and (C) the reasons for the continuing disagreements. (4) Duration of review.--The Secretary and the Administrator shall provide not fewer than 180 days for the public review and comment of the draft report. (5) Final report.--The Secretary and the Administrator shall, in consultation with the relevant State and local officials, address any comments received under paragraph (4) and prepare a final report describing the final results of the consultation process under subsection (a). (d) Submission of Report to Congress.--Not later than 24 months after the date of enactment of this Act, the Secretary and the Administrator shall jointly submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate and make publicly available the final report prepared under subsection (c)(5). SEC. 4. DEFINITIONS. In this Act, the following definitions apply: (1) Secretary.--The term ``Secretary'' means the Secretary of the Army. (2) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (3) State and local officials.--The term ``State and local officials'' means elected or professional State and local government officials or their representative regional or national organizations. Passed the House of Representatives September 9, 2014. Attest: KAREN L. HAAS, Clerk.

. Waters of the United States Regulatory Overreach Protection Act of 2014 - Prohibits the U.S. Army Corps of Engineers and the Environmental Protection Agency (EPA) from: developing, finalizing, adopting, implementing, applying, administering, or enforcing the proposed rule entitled, "Definition of 'Waters of the United States' Under the Clean Water Act," issued on April 21, 2014, or the proposed guidance entitled, "Guidance on Identifying Waters Protected By the Clean Water Act," dated February 17, 2012; or using the proposed rule or proposed guidance, any successor document, or any substantially similar proposed rule or guidance as the basis for any rulemaking or decision regarding the scope or enforcement of the Federal Water Pollution Control Act (commonly known as the Clean Water Act). Requires the Army Corps and the EPA to withdraw the interpretive rule entitled, "Notice of Availability Regarding the Exemption from Permitting Under Section 404(f)(1)(A) of the Clean Water Act to Certain Agricultural Conservation Practices," issued on April 21, 2014. Requires the Army Corps and the EPA to: (1) consult with relevant state and local officials to develop recommendations for a regulatory proposal that would identify the scope of waters covered under the Clean Water Act and the scope of waters not covered; (2) provide for the public review and comment of a draft report that includes a recommendation only if consensus has been reached with regard to the recommendation among the Army Corps, the EPA, and state and local officials; (3) publish a final report; and (4) report to Congress on the recommendations.

{"src": "billsum_train", "title": "Waters of the United States Regulatory Overreach Protection Act of 2014"}

SECTION 1. SHORT TITLE AND PURPOSES. (a) Short Title.--This Act may be cited as the ``San Bernardino Biomass Use Facilitation Act''. (b) Purpose.--The purpose of this Act is to facilitate an exchange of land between the Federal Government and San Bernardino County, California, to make available to the County land for biomass utilization facilities, biomass recycling activities, and industrial resource recovery and recycling activities. SEC. 2. LAND EXCHANGE, SAN BERNARDINO NATIONAL FOREST, CALIFORNIA. (a) Definitions.--In this section: (1) County.--The term ``County'' means the County of San Bernardino, California. (2) Federal land.--The term ``Federal land'' means the land identified in subsection (c)(2), which is National Forest System land within the San Bernardino National Forest, California, available for exchange under this section. (3) Non-federal land.--The term ``non-Federal land'' means the land identified in subsection (c)(1), which is land owned by the County and available for exchange under this section. (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (b) Land Exchange.--If the County conveys to the Secretary all right, title, and interest of the County in and to the non-Federal land described in subsection (c)(1), the Secretary shall convey and quitclaim to the County, in exchange for such non-Federal land, all right, title, and interest of the United States in and to the Federal land described in subsection (c)(2). The conveyance shall be made without further environmental analysis and shall be subject to any valid existing rights and such additional terms, conditions, and reservations as the Secretary may require. (c) Lands To Be Exchanged.-- (1) Non-federal land.--The non-Federal land to be exchanged are approximately 71 acres located in section 36, Township 3 North, Range 1 East, San Bernardino Meridian, as described by the County Assessor as parcel APN# 0447-071-11-0000. (2) Federal land.--The Federal land to be exchanged are approximately 53 acres located in section 31, Township 3 North, Range 2 East, San Bernardino Meridian. (d) Maps and Correction Authority.--The Federal land and non- Federal land are generally described on maps entitled ``Doble expansion-County of San Bernardino'' and dated June 10, 2005, which shall be on file and available for public inspection in the Offices of the Chief of the Forest Service and of the Supervisor of San Bernardino National Forest until such time as the lands are conveyed. The County and the Secretary may by mutual agreement make adjustments in the descriptions of the Federal land and non-Federal land to be exchanged. (e) Timing.--It is the intent of Congress that the land exchange under this section be completed not later than one year after the date of the enactment of this Act. (f) Valuation.--The Federal land and non-Federal land shall be valued through an appraisal done in conformity with the Uniform Appraisal Standards for Federal Land Acquisitions. (g) Equal Value and Cash Equalization.-- (1) Equal value exchange.--The land exchange under this section shall be for equal value, or the values shall be equalized by a cash payment as provided for under this subsection. (2) Cash equalization payment.--The County or the Secretary, as appropriate, may equalize the values of the lands to be exchanged under this section by cash payment without regard to any statutory limit on the amount of such a cash equalization payment. (3) Deposit and use of funds received from county.--Any cash equalization payment received by the Secretary under this subsection shall be deposited in the fund established under Public Law 90-171 (16 U.S.C. 484a; commonly known as the Sisk Act). The funds so deposited shall remain available to the Secretary, until expended, for the acquisition of lands, waters, and interests in land for the San Bernardino National Forest. (4) Source of funds for payment by secretary.--If the Secretary will make a cash equalization payment to the County under this subsection, the Secretary may use funds available from the Land and Water Conservation Fund, the Act of June 15, 1938 (Chapter 438; 52 Stat. 699, commonly known as the Receipts Act of 1938), or capital improvement funds. (h) Land Title and Survey Standards.--Title to the non-Federal land shall conform with the title approval standards of the Attorney General applicable to Federal land acquisitions and shall otherwise be acceptable to the Secretary. Before completing the exchange, the Secretary shall inspect the non-Federal lands to assure that the land meets Federal standards, including hazardous materials and land line surveys. (i) Implementation Costs.--The costs of implementing the land exchange under this section shall be shared equally by the Secretary and the County, except that with respect to the Federal land conveyed to the County, the County shall also pay for the costs of survey, monumenting the property lines, and recording deeds of conveyance, as well as any costs incurred with the issuance of easements by the Secretary for existing uses on the Federal land. (j) Management of Acquired Lands.--The Secretary shall manage the non-Federal land acquired under this section in accordance with the Act of March 1, 1911 (16 U.S.C. 480 et seq.; commonly known as the Weeks Act) and other laws and regulations pertaining to National Forest System. (k) Pacific Crest National Scenic Trail Relocation.--Before completing the land exchange under this section, the Secretary shall relocate the portion of the Pacific Crest National Scenic Trail located on the Federal land to adjacent National Forest System land. The trail relocation shall be conducted without further environmental analysis.

San Bernardino Biomass Use Facilitation Act - Directs the Secretary of Agriculture to convey certain National Forest System (NFS) land in the San Bernardino National Forest, California, in exchange for the conveyance of certain non-federal land by the County of San Bernardino to the Secretary for the purpose of making available to the county land for biomass utilization facilities, biomass recycling activities, and industrial resource recovery and recycling activities. Requires the Secretary, before completing such land exchange, to relocate the portion of the Pacific Crest National Scenic Trail located on the federal land to adjacent NFS land.

{"src": "billsum_train", "title": "To provide for an exchange of lands with San Bernardino County, California, to enhance management of lands within the San Bernardino National Forest, and for other purposes."}

of Disapproval.-- (1) Joint resolution of disapproval defined.--In this subsection, the term ``joint resolution of disapproval'' means a joint resolution of either House of Congress the sole matter after the resolving clause of which is as follows: ``That Congress disapproves of the action proposed by the President in the report submitted to Congress under section 3(a) of the No Russian Diplomatic Access to Compounds Here in America Act on ____.'', with the blank space being filled with the appropriate date. (2) Effect of enactment.--Notwithstanding any other provision of law, the President may not take any action to waive, suspend, reduce, provide relief from, or otherwise limit the application of paragraph (1) or (2) of section 2(a), if a joint resolution of disapproval is enacted in accordance with this subsection. (3) Introduction.--During the 120-calendar-day period provided for under subsection (b)(1), a joint resolution of disapproval may be introduced-- (A) in the House of Representatives, by the majority leader or the minority leader; and (B) in the Senate, by the majority leader (or the majority leader's designee) or the minority leader (or the minority leader's designee). (4) Floor consideration in house of representatives.-- (A) Reporting and discharge.--If a committee of the House of Representatives to which a joint resolution of disapproval has been referred has not reported the resolution within 10 legislative days after the date of referral, that committee shall be discharged from further consideration thereof. (B) Proceeding to consideration.--Beginning on the third legislative day after each committee to which a joint resolution of disapproval has been referred reports it to the House or has been discharged from further consideration thereof, it shall be in order to move to proceed to consider the resolution in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on the resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (C) Consideration.--The joint resolution of disapproval shall be considered as read. All points of order against the resolution and against its consideration are waived. The previous question shall be considered as ordered on the resolution to final passage without intervening motion except two hours of debate equally divided and controlled by the sponsor of the resolution (or a designee) and an opponent. A motion to reconsider the vote on passage of the resolution shall not be in order. (5) Consideration in the senate.-- (A) Committee referral.--A joint resolution of disapproval introduced in the Senate shall be referred to the Committee on Foreign Relations. (B) Reporting and discharge.--If the Committee on Foreign Relations has not reported a joint resolution of disapproval within 10 session days after the date of referral of the resolution, that committee shall be discharged from further consideration of the resolution and the resolution shall be placed on the appropriate calendar. (C) Proceeding to consideration.--Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time after the Committee on Foreign Relations reports the joint resolution of disapproval to the Senate or has been discharged from its consideration (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution, and all points of order against the resolution (and against consideration of the resolution) 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. If a motion to proceed to the consideration of the resolution is agreed to, the resolution shall remain the unfinished business until disposed of. (D) Debate.--Debate on the joint resolution of disapproval, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. (E) Vote on passage.--The vote on passage shall occur immediately following the conclusion of the debate on the joint resolution of disapproval and a single quorum call at the conclusion of the debate, if requested in accordance with the rules of the Senate. (F) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to the joint resolution of disapproval shall be decided without debate. (G) Consideration of veto messages.--Debate in the Senate of any veto message with respect to the joint resolution of disapproval, including all debatable motions and appeals in connection with the resolution, shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (6) Rules relating to senate and house of representatives.-- (A) Coordination with action by other house.--If, before the passage by one House of a joint resolution of disapproval of that House, that House receives a joint resolution of disapproval from the other House, the following procedures shall apply: (i) The joint resolution of disapproval of the other House shall not be referred to a committee. (ii) With respect to the joint resolution of disapproval of the House receiving the joint resolution of disapproval from the other House-- (I) the procedure in that House shall be the same as if no joint resolution of disapproval had been received from the other House; but (II) the vote on passage shall be on the joint resolution of disapproval of the other House. (B) Treatment of a resolution of other house.--If one House fails to introduce a joint resolution of disapproval, the joint resolution of disapproval of the other House shall be entitled to expedited floor procedures under this subsection. (C) Treatment of house resolution in senate.--If, following passage of the joint resolution of disapproval in the Senate, the Senate then receives a joint resolution of disapproval from the House of Representatives, the joint resolution of disapproval of the House shall not be debatable. (D) Application to revenue measures.--The provisions of this paragraph shall not apply in the House of Representatives to a joint resolution of disapproval that is a revenue measure. (7) Rules of house of representatives and senate.--This subsection is enacted by Congress-- (A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution of disapproval, and supersedes other rules only to the extent that it is inconsistent with such rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. (d) Appropriate Congressional Committees and Leadership Defined.-- In this section, the term ``appropriate congressional committees and leadership'' means-- (1) the Committee on Finance, the Committee on Banking, Housing, and Urban Affairs, the Select Committee on Intelligence, the Committee on Foreign Relations, and the majority and minority leaders of the Senate; and (2) the Committee on Ways and Means, the Committee on Financial Services, the Permanent Select Committee on Intelligence, the Committee on Foreign Affairs, and the Speaker, the majority leader, and the minority leader of the House of Representatives.

No Russian Diplomatic Access to Compounds Here in America Act or No Russian DACHA Act This bill prohibits the President from allowing access by the government of the Russian Federation or its personnel to Russian-owned diplomatic facilities and properties at Pioneer Point in Centreville, Maryland, and in Upper Brookville, New York. Before taking any action to waive or otherwise limit the application of such prohibition, the President must submit to specified congressional committees and the majority and minority leaders of the House of Representatives and the Senate a report that describes the proposed action and certifies that the Russian government: (1) did not use such facilities and properties for intelligence-related purposes, and (2) has ceased the harassment of U.S. government diplomatic personnel in Russia. The bill provides for a period of congressional review of such report and certification and prohibits the President from taking any such action if Congress passes a joint resolution disapproving it.

{"src": "billsum_train", "title": "No Russian Diplomatic Access to Compounds Here in America Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Targeting Rogue and Opaque Letters Act of 2015''. SEC. 2. UNFAIR OR DECEPTIVE ACTS OR PRACTICES IN CONNECTION WITH THE ASSERTION OF A UNITED STATES PATENT. (a) In General.--It shall be an unfair or deceptive act or practice within the meaning of section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)) for a person, in connection with the assertion of a United States patent, to engage in a pattern or practice of sending written communications that state or represent that the recipients are or may be infringing, or have or may have infringed, the patent and bear liability or owe compensation to another, if-- (1) the sender of the communications, in bad faith, states or represents in the communications that-- (A) the sender is a person with the right to license or enforce the patent at the time the communications are sent, and the sender is not a person with such a right; (B) a civil action asserting a claim of infringement of the patent has been filed against the recipient; (C) a civil action asserting a claim of infringement of the patent has been filed against other persons; (D) legal action for infringement of the patent will be taken against the recipient; (E) the sender is the exclusive licensee of the patent asserted in the communications; (F) persons other than the recipient purchased a license for the patent asserted in the communications; (G) persons other than the recipient purchased a license, and the sender does not disclose that such license is unrelated to the alleged infringement or the patent asserted in the communications; (H) an investigation of the recipient's alleged infringement occurred; or (I) the sender or an affiliate of the sender previously filed a civil action asserting a claim of infringement of the patent based on the activity that is the subject of the written communication when the sender knew such activity was held, in a final determination, not to infringe the patent; (2) the sender of the communications, in bad faith, seeks compensation for-- (A) a patent claim that has been held to be unenforceable due to inequitable conduct, invalid, or otherwise unenforceable against the recipient, in a final determination; (B) activities undertaken by the recipient after expiration of the patent asserted in the communications; or (C) activity of the recipient that the sender knew was authorized, with respect to the patent claim or claims that are the subject of the communications, by a person with the right to license the patent; or (3) the sender of the communications, in bad faith, fails to include-- (A) the identity of the person asserting a right to license the patent to, or enforce the patent against, the recipient, including the identity of any parent entity and the ultimate parent entity of such person, unless such person is a public company and the name of the public company is identified; (B) an identification of at least one patent issued by the United States Patent and Trademark Office alleged to have been infringed; (C) an identification, to the extent reasonable under the circumstances, of at least one product, service, or other activity of the recipient that is alleged to infringe the identified patent; (D) a description, to the extent reasonable under the circumstances, of how the product, service, or other activity of the recipient infringes an identified patent and patent claim; or (E) a name and contact information for a person the recipient may contact about the assertions or claims relating to the patent contained in the communications. (b) Affirmative Defense.--With respect to subsection (a), there shall be an affirmative defense that statements, representations, or omissions were not made in bad faith (as defined in subparagraphs (B) and (C) of section 5(1)) if the sender can demonstrate that such statements, representations, or omissions were mistakes made in good faith, which may be demonstrated by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. (c) Rule of Construction.--For purposes of sections 3 and 4, the commission of an act or practice that is declared under this section to be an unfair or deceptive act or practice within the meaning of section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)) shall be considered to be a violation of this section. SEC. 3. ENFORCEMENT BY FEDERAL TRADE COMMISSION. (a) Violation of Rule.--A violation of section 2 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Powers of Commission.--The Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates section 2 shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (c) Effect on Other Laws.--Nothing in this Act shall be construed in any way to limit or affect the authority of the Commission under any other provision of law. SEC. 4. PREEMPTION OF STATE LAWS ON PATENT DEMAND LETTERS AND ENFORCEMENT BY STATE ATTORNEYS GENERAL. (a) Preemption.-- (1) In general.--This Act preempts any law, rule, regulation, requirement, standard, or other provision having the force and effect of law of any State, or political subdivision of a State, expressly relating to the transmission or contents of communications relating to the assertion of patent rights. (2) Effect on other state laws.--Except as provided in paragraph (1), this Act shall not be construed to preempt or limit any provision of any State law, including any State consumer protection law, any State law relating to acts of fraud or deception, and any State trespass, contract, or tort law. (b) Enforcement by State Attorneys General.-- (1) In general.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been adversely affected by any person who violates section 2, the attorney general of the State, may bring a civil action on behalf of such residents of the State in a district court of the United States of appropriate jurisdiction-- (A) to enjoin further such violation by the defendant; or (B) to obtain civil penalties. (2) Maximum civil penalty.--Notwithstanding the number of actions which may be brought against a person under this subsection, a person may not be liable for a total of more than $5,000,000 for a series of related violations of section 2. (3) Intervention by the ftc.-- (A) Notice and intervention.--The attorney general of a State shall provide prior written notice of any action under paragraph (1) to the Commission and provide the Commission with a copy of the complaint in the action, except in any case in which such prior notice is not feasible, in which case the attorney general shall serve such notice immediately upon instituting such action. The Commission shall have the right-- (i) to intervene in the action; (ii) upon so intervening, to be heard on all matters arising therein; and (iii) to file petitions for appeal. (B) Limitation on state action while federal action is pending.--If the Commission has instituted a civil action for violation of section 2, no State attorney general may bring an action under this subsection during the pendency of that action against any defendant named in the complaint of the Commission for any violation of such section alleged in the complaint. (4) Construction.--For purposes of bringing any civil action under paragraph (1), nothing in this Act shall be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to-- (A) conduct investigations; (B) administer oaths or affirmations; or (C) compel the attendance of witnesses or the production of documentary and other evidence. SEC. 5. DEFINITIONS. In this Act: (1) Bad faith.--The term ``bad faith'' means, with respect to section 2(a), that the sender-- (A) made knowingly false or knowingly misleading statements, representations, or omissions; (B) made statements, representations, or omissions with reckless indifference as to the false or misleading nature of such statements, representations, or omissions; or (C) made statements, representations, or omissions with awareness of the high probability of the statements, representations, or omissions to deceive and the sender intentionally avoided the truth. (2) Commission.--The term ``Commission'' means the Federal Trade Commission. (3) Final determination.--The term ``final determination'' means, with respect to the invalidity or unenforceability of a patent, that the invalidity or unenforceability has been determined by a court of the United States or the United States Patent and Trademark Office in a final decision that is unappealable or for which any opportunity for appeal is no longer available.

. Targeting Rogue and Opaque Letters Act of 2015 (Sec. 2) This bill directs the Federal Trade Commission (FTC), and authorizes state attorneys general, to enforce against written communications (commonly referred to as demand letters) that represent in bad faith that the recipient bears liability or owes compensation for infringing an asserted patent. The pattern or practice of sending such bad faith demand letters shall be treated as an unfair or deceptive act or practice in violation of the Federal Trade Commission Act. The bill sets forth the types of bad faith representations, assertions of legal action, claims of a sender holding an exclusive license, compensation requests, or omissions that are considered to be unfair or deceptive. The bill provides an affirmative defense if the sender can show that statements, representations, or omissions were mistakes made in good faith, which may be demonstrated by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. (Sec. 3) The bill provides the FTC with authority to enforce against violations. (Sec. 4) The bill preempts state or local laws expressly relating to the transmission or contents of communications regarding the assertion of patent rights. But the bill shall not be contrued to limit any other state laws, including those relating to consumer protection, fraud, deception, trespass, contracts, or torts. State attorneys general may bring civil actions in federal court to enjoin violations or obtain civil penalties for violations of this bill. The maximum civil penalty for which a person may be liable for a series of related violations is $5 million.

{"src": "billsum_train", "title": "Targeting Rogue and Opaque Letters Act of 2015"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Health and Wellness Foundation Act of 2003''. SEC. 2. NATIVE AMERICAN HEALTH AND WELLNESS FOUNDATION. (a) In General.--The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) is amended by adding at the end the following: ``TITLE VIII--NATIVE AMERICAN HEALTH AND WELLNESS FOUNDATION ``SEC. 801. DEFINITIONS. ``In this title: ``(1) Board.--The term `Board' means the Board of Directors of the Foundation. ``(2) Committee.--The term `Committee' means the Committee for the Establishment of Native American Health and Wellness Foundation established under section 802(f). ``(3) Foundation.--The term `Foundation' means the Native American Health and Wellness Foundation established under section 802. ``(4) Secretary.--The term `Secretary' means the Secretary of Health and Human Services. ``(5) Service.--The term `Service' means the Indian Health Service of the Department of Health and Human Services. ``SEC. 802. NATIVE AMERICAN HEALTH AND WELLNESS FOUNDATION. ``(a) In General.--As soon as practicable after the date of enactment of this title, the Secretary shall establish, under the laws of the District of Columbia and in accordance with this title, the Native American Health and Wellness Foundation. ``(b) Perpetual Existence.--The Foundation shall have perpetual existence. ``(c) Nature of Corporation.--The Foundation-- ``(1) shall be a charitable and nonprofit federally chartered corporation; and ``(2) shall not be an agency or instrumentality of the United States. ``(d) Place of Incorporation and Domicile.--The Foundation shall be incorporated and domiciled in the District of Columbia. ``(e) Duties.--The Foundation shall-- ``(1) encourage, accept, and administer private gifts of real and personal property, and any income from or interest in such gifts, for the benefit of, or in support of, the mission of the Service; ``(2) undertake and conduct such other activities as will further the health and wellness activities and opportunities of Native Americans; and ``(3) participate with and assist Federal, State, and tribal governments, agencies, entities, and individuals in undertaking and conducting activities that will further the health and wellness activities and opportunities of Native Americans. ``(f) Committee for the Establishment of Native American Health and Wellness Foundation.-- ``(1) In general.--The Secretary shall establish the Committee for the Establishment of Native American Health and Wellness Foundation to assist the Secretary in establishing the Foundation. ``(2) Duties.--Not later than 180 days after the date of enactment of this section, the Committee shall-- ``(A) carry out such activities as are necessary to incorporate the Foundation under the laws of the District of Columbia, including acting as incorporators of the Foundation; ``(B) ensure that the Foundation qualifies for and maintains the status required to carry out this section, until the Board is established; ``(C) establish the constitution and initial bylaws of the Foundation; ``(D) provide for the initial operation of the Foundation, including providing for temporary or interim quarters, equipment, and staff; and ``(E) appoint the initial members of the Board in accordance with the constitution and initial bylaws of the Foundation. ``(g) Board of Directors.-- ``(1) In general.--The Board of Directors shall be the governing body of the Foundation. ``(2) Powers.--The Board may exercise, or provide for the exercise of, the powers of the Foundation. ``(3) Selection.-- ``(A) In general.--Subject to subparagraph (B), the number of members of the Board, the manner of selection of the members (including the filling of vacancies), and the terms of office of the members shall be as provided in the constitution and bylaws of the Foundation. ``(B) Requirements.-- ``(i) Number of members.--The Board shall have at least 11 members, who shall have staggered terms. ``(ii) Initial voting members.--The initial voting members of the Board-- ``(I) shall be appointed by the Committee not later than 180 days after the date on which the Foundation is established; and ``(II) shall have staggered terms. ``(iii) Qualification.--The members of the Board shall be United States citizens who are knowledgeable or experienced in Native American health care and related matters. ``(C) Compensation.--A member of the Board shall not receive compensation for service as a member, but shall be reimbursed for actual and necessary travel and subsistence expenses incurred in the performance of the duties of the Foundation. ``(h) Officers.-- ``(1) In general.--The officers of the Foundation shall be-- ``(A) a secretary, elected from among the members of the Board; and ``(B) any other officers provided for in the constitution and bylaws of the Foundation. ``(2) Secretary.--The secretary of the Foundation shall serve, at the direction of the Board, as the chief operating officer of the Foundation. ``(3) Election.--The manner of election, term of office, and duties of the officers of the Foundation shall be as provided in the constitution and bylaws of the Foundation. ``(i) Powers.--The Foundation-- ``(1) shall adopt a constitution and bylaws for the management of the property of the Foundation and the regulation of the affairs of the Foundation; ``(2) may adopt and alter a corporate seal; ``(3) may enter into contracts; ``(4) may acquire (through a gift or otherwise), own, lease, encumber, and transfer real or personal property as necessary or convenient to carry out the purposes of the Foundation; ``(5) may sue and be sued; and ``(6) may perform any other act necessary and proper to carry out the purposes of the Foundation. ``(j) Principal Office.-- ``(1) In General.--The principal office of the Foundation shall be in the District of Columbia. ``(2) Activities; offices.--The activities of the Foundation may be conducted, and offices may be maintained, throughout the United States in accordance with the constitution and bylaws of the Foundation. ``(k) Service of Process.--The Foundation shall comply with the law on service of process of each State in which the Foundation is incorporated and of each State in which the Foundation carries on activities. ``(l) Liability of Officers, Employees, and Agents.-- ``(1) In general.--The Foundation shall be liable for the acts of the officers, employees, and agents of the Foundation acting within the scope of their authority. ``(2) Personal liability.--A member of the Board shall be personally liable only for gross negligence in the performance of the duties of the member. ``(m) Restrictions.-- ``(1) Limitation on spending.--Beginning with the fiscal year following the first full fiscal year during which the Foundation is in operation, the administrative costs of the Foundation shall not exceed 10 percent of the sum of-- ``(A) the amounts transferred to the Foundation under subsection (o) during the preceding fiscal year; and ``(B) donations received from private sources during the preceding fiscal year. ``(2) Appointment and hiring.--The appointment of officers and employees of the Foundation shall be subject to the availability of funds. ``(3) Status.--A member of the Board or officer, employee, or agent of the Foundation shall not by reason of association with the Foundation be considered to be an officer, employee, or agent of the United States. ``(n) Audits.--The Foundation shall comply with section 10101 of title 36, United States Code, as if the Foundation were a corporation under part B of subtitle II of that title. ``(o) Funding.-- ``(1) Authorization of appropriations.--There is authorized to be appropriated to carry out subsection (e)(1) $500,000 for each fiscal year, as adjusted to reflect changes in the Consumer Price Index for all-urban consumers published by the Department of Labor. ``(2) Transfer of donated funds.--The Secretary shall transfer to the Foundation funds held by the Department of Health and Human Services under the Act of August 5, 1954 (42 U.S.C. 2001 et seq.), if the transfer or use of the funds is not prohibited by any term under which the funds were donated. ``SEC. 803. ADMINISTRATIVE SERVICES AND SUPPORT. ``(a) Provision of Support by Secretary.--Subject to subsection (b), during the 5-year period beginning on the date on which the Foundation is established, the Secretary-- ``(1) may provide personnel, facilities, and other administrative support services to the Foundation; ``(2) may provide funds to reimburse the travel expenses of the members of the Board; and ``(3) shall require and accept reimbursements from the Foundation for-- ``(A) services provided under paragraph (1); and ``(B) funds provided under paragraph (2). ``(b) Reimbursement.--Reimbursements accepted under subsection (a)(3)-- ``(1) shall be deposited in the Treasury of the United States to the credit of the applicable appropriations account; and ``(2) shall be chargeable for the cost of providing services described in subsection (a)(1) and travel expenses described in subsection (a)(2). ``(c) Continuation of Certain Services.--The Secretary may continue to provide facilities and necessary support services to the Foundation after the termination of the 5-year period specified in subsection (a) if the facilities and services-- ``(1) are available; and ``(2) are provided on reimbursable cost basis.''. (b) Technical Amendments.--The Indian Self-Determination and Education Assistance Act is amended-- (1) by redesignating title V (as added by section 1302 of the American Indian Education Foundation Act of 2000) (25 U.S.C. 458bbb et seq.)) as title VII; (2) by redesignating sections 501, 502, and 503 (as added by section 1302 of the American Indian Education Foundation Act of 2000) as sections 701, 702, and 703, respectively; and (3) in subsection (a)(2) of section 702 and paragraph (2) of section 703 (as redesignated by paragraph (2)), by striking ``section 501'' and inserting ``section 701''. Passed the Senate July 16, 2003. Attest: EMILY J. REYNOLDS, Secretary.

Native American Health and Wellness Foundation Act of 2003 - Amends the Indian Self-Determination and Education Assistance Act to require the Secretary of Health and Human Services to establish the Native American Health and Wellness Foundation. Specifies as the duties of the Foundation to: (1) encourage, accept, and administer private gifts of real and personal property and any income from or interest in such gifts, for the benefit of, or in support of, the mission of the Indian Health Service of the Department of Health and Human Services; and (2) participate with and assist Federal, State, and tribal governments, agencies, entities, and individuals in undertaking and conducting activities that will further the health and wellness activities and opportunities of Native Americans. Requires the Secretary to establish the Committee for the Establishment of Native American Health and Wellness Foundation to assist the Secretary in establishing the Foundation. Authorizes appropriations for each fiscal year, adjusted to reflect the changes in the Consumer Price Index for all-urban consumers.

{"src": "billsum_train", "title": "A bill to establish the Native American Health and Wellness Foundation, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mental Health Access Improvement Act of 2013''. SEC. 2. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES AND MENTAL HEALTH COUNSELOR SERVICES UNDER PART B OF THE MEDICARE PROGRAM. (a) Coverage of Services.-- (1) In general.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (A) in subparagraph (EE), by striking ``and'' after the semicolon at the end; (B) in subparagraph (FF), by inserting ``and'' after the semicolon at the end; and (C) by adding at the end the following new subparagraph: ``(GG) marriage and family therapist services (as defined in subsection (iii)(1)) and mental health counselor services (as defined in subsection (iii)(3));''. (2) Definitions.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Marriage and Family Therapist Services; Marriage and Family Therapist; Mental Health Counselor Services; Mental Health Counselor ``(iii)(1) The term `marriage and family therapist services' means services performed by a marriage and family therapist (as defined in paragraph (2)) for the diagnosis and treatment of mental illnesses, which the marriage and family therapist is legally authorized to perform under State law (or the State regulatory mechanism provided by State law) of the State in which such services are performed, as would otherwise be covered if furnished by a physician or as an incident to a physician's professional service, but only if no facility or other provider charges or is paid any amounts with respect to the furnishing of such services. ``(2) The term `marriage and family therapist' means an individual who-- ``(A) possesses a master's or doctoral degree which qualifies for licensure or certification as a marriage and family therapist pursuant to State law; ``(B) after obtaining such degree has performed at least 2 years of clinical supervised experience in marriage and family therapy; and ``(C) in the case of an individual performing services in a State that provides for licensure or certification of marriage and family therapists, is licensed or certified as a marriage and family therapist in such State. ``(3) The term `mental health counselor services' means services performed by a mental health counselor (as defined in paragraph (4)) for the diagnosis and treatment of mental illnesses which the mental health counselor is legally authorized to perform under State law (or the State regulatory mechanism provided by the State law) of the State in which such services are performed, as would otherwise be covered if furnished by a physician or as incident to a physician's professional service, but only if no facility or other provider charges or is paid any amounts with respect to the furnishing of such services. ``(4) The term `mental health counselor' means an individual who-- ``(A) possesses a master's or doctor's degree in mental health counseling or a related field; ``(B) after obtaining such a degree has performed at least 2 years of supervised mental health counselor practice; and ``(C) in the case of an individual performing services in a State that provides for licensure or certification of mental health counselors or professional counselors, is licensed or certified as a mental health counselor or professional counselor in such State.''. (3) Provision for payment under part b.--Section 1832(a)(2)(B) of the Social Security Act (42 U.S.C. 1395k(a)(2)(B)) is amended by adding at the end the following new clause: ``(v) marriage and family therapist services (as defined in section 1861(iii)(1)) and mental health counselor services (as defined in section 1861(iii)(3));''. (4) Amount of payment.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and (Z)'' and inserting ``(Z)''; and (B) by inserting before the semicolon at the end the following: ``, and (AA) with respect to marriage and family therapist services and mental health counselor services under section 1861(s)(2)(GG), the amounts paid shall be 80 percent of the lesser of the actual charge for the services or 75 percent of the amount determined for payment of a psychologist under subparagraph (L)''. (5) Exclusion of marriage and family therapist services and mental health counselor services from skilled nursing facility prospective payment system.--Section 1888(e)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting ``marriage and family therapist services (as defined in section 1861(iii)(1)), mental health counselor services (as defined in section 1861(iii)(3)),'' after ``qualified psychologist services,''. (6) Inclusion of marriage and family therapists and mental health counselors as practitioners for assignment of claims.-- Section 1842(b)(18)(C) of the Social Security Act (42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end the following new clauses: ``(vii) A marriage and family therapist (as defined in section 1861(iii)(2)). ``(viii) A mental health counselor (as defined in section 1861(iii)(4)).''. (b) Coverage of Certain Mental Health Services Provided in Certain Settings.-- (1) Rural health clinics and federally qualified health centers.--Section 1861(aa)(1)(B) of the Social Security Act (42 U.S.C. 1395x(aa)(1)(B)) is amended by striking ``or by a clinical social worker (as defined in subsection (hh)(1))'' and inserting ``, by a clinical social worker (as defined in subsection (hh)(1)), by a marriage and family therapist (as defined in subsection (iii)(2)), or by a mental health counselor (as defined in subsection (iii)(4))''. (2) Hospice programs.--Section 1861(dd)(2)(B)(i)(III) of the Social Security Act (42 U.S.C. 1395x(dd)(2)(B)(i)(III)) is amended by inserting ``, marriage and family therapist, or mental health counselor'' after ``social worker''. (c) Authorization of Marriage and Family Therapists and Mental Health Counselors To Develop Discharge Plans for Post-Hospital Services.--Section 1861(ee)(2)(G) of the Social Security Act (42 U.S.C. 1395x(ee)(2)(G)) is amended by inserting ``, including a marriage and family therapist and a mental health counselor who meets qualification standards established by the Secretary'' before the period at the end. (d) Effective Date.--The amendments made by this section shall apply with respect to services furnished on or after January 1, 2014.

Mental Health Access Improvement Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to cover marriage and family therapist services and mental health counselor services under Medicare part B (Supplementary Medical Insurance), particularly those provided in rural health clinics, federally qualified health centers, and in hospice programs. Amends Medicare part E (Miscellaneous) to exclude such services from the skilled nursing facility prospective payment system. Authorizes marriage and family therapists and mental health counselors to develop discharge plans for post-hospital services.

{"src": "billsum_train", "title": "Mental Health Access Improvement Act of 2013"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Border Safeguard Protection Act''. SEC. 2. RESTORATION OF IMPORT AND ENTRY AGRICULTURAL INSPECTION FUNCTIONS TO THE DEPARTMENT OF AGRICULTURE. (a) Repeal of Transfer of Functions.--Section 421 of the Homeland Security Act of 2002 (6 U.S.C. 231) is repealed. (b) Conforming Amendment to Function of Secretary of Homeland Security.--Section 402 of the Homeland Security Act of 2002 (6 U.S.C. 202) is amended-- (1) by striking paragraph (7); and (2) by redesignating paragraph (8) as paragraph (7). (c) Transfer Agreement.-- (1) In general.--Not later than the effective date described in subsection (g), the Secretary of Agriculture and the Secretary of Homeland Security shall enter into an agreement to effectuate the return of functions required by the amendments made by this section. (2) Use of certain employees.--The agreement may include authority for the Secretary of Agriculture to use employees of the Department of Homeland Security to carry out authorities delegated to the Animal and Plant Health Inspection Service regarding the protection of domestic livestock and plants. (d) Restoration of Department of Agriculture Employees.--Not later than the effective date described in subsection (g) of this section, all full-time equivalent positions of the Department of Agriculture transferred to the Department of Homeland Security under section 421(g) of the Homeland Security Act of 2002 (6 U.S.C. 231(g)) shall be restored to the Department of Agriculture. (e) Authority of Animal and Plant Health Inspection Service Regarding Inspection User Fees.--The Administrator of the Animal and Plant Health Inspection Service may, as applicable-- (1) continue to collect any agricultural quarantine inspection user fee; and (2) administer any reserve account for the fees. (f) Duties of Secretary of Agriculture.-- (1) In general.--The Secretary of Agriculture (referred to in this subsection as the ``Secretary'') shall-- (A) develop standard operating procedures for inspection, monitoring, and auditing relating to import and entry agricultural inspections, in accordance with recommendations from the Comptroller General of the United States and reports of interagency advisory groups, as applicable; and (B) ensure that the Animal and Plant Health Inspection Service has a national electronic system with real-time tracking capability for monitoring, tracking, and reporting inspection activities of the Service. (2) Federal and state cooperation.-- (A) Communication system.--The Secretary shall develop and maintain an integrated, real-time communication system with respect to import and entry agricultural inspections to alert State departments of agriculture of significant inspection findings of the Animal and Plant Health Inspection Service. (B) Advisory committee.-- (i) Establishment.--The Secretary shall establish a committee, to be known as the ``International Trade Inspection Advisory Committee'' (referred to in this subparagraph as the ``committee''), to advise the Secretary on policies and other issues relating to import and entry agricultural inspection. (ii) Model.--In establishing the committee, the Secretary shall use as a model the Agricultural Trade Advisory Committee. (iii) Membership.--The committee shall be composed of members representing-- (I) State departments of agriculture; (II) directors of ports and airports in the United States; (III) the transportation industry; (IV) the public; and (V) such other entities as the Secretary determines to be appropriate. (3) Report.--Not less frequently than once each year, the Secretary shall submit to Congress a report containing an assessment of-- (A) the resource needs for import and entry agricultural inspection, including the number of inspectors required; (B) the adequacy of inspection and monitoring procedures and facilities in the United States; and (C) new and potential technologies and practices, including recommendations regarding the technologies and practices, to improve import and entry agricultural inspection. (4) Funding.--The Secretary shall pay the costs of each import and entry agricultural inspector employed by the Animal and Plant Health Inspection Service-- (A) from amounts made available to the Department of Agriculture for the applicable fiscal year; or (B) if amounts described in subparagraph (A) are unavailable, from amounts of the Commodity Credit Cooperation. (g) Effective Date.--The amendments made by this section take effect on the date that is 180 days after the date of enactment of this Act.

Agricultural Border Safeguard Protection Act - 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: (1) develop agricultural import and entry procedures for inspections, monitoring, and auditing; (2) ensure that the Animal and Plant Health Inspection Service has an electronic system with real-time tracking capability for monitoring, tracking, and reporting inspection activities; (3) develop and maintain an integrated, real-time communication system with respect to import and entry agricultural inspections to alert state agriculture departments about significant Service findings; and (4) establish the International Trade Inspection Advisory Committee.

{"src": "billsum_train", "title": "To restore import and entry agricultural inspection functions to the Department of Agriculture."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Election Audit Act of 2008''. SEC. 2. PAYMENTS FOR CONDUCTING MANUAL AUDITS OF RESULTS OF 2008 GENERAL ELECTIONS. (a) Payments.-- (1) Eligibility for payments.--If a State conducts manual audits of the results of any of the regularly scheduled general elections for Federal office in November 2008 (and, at the option of the State, conducts audits of elections for State and local office held at the same time as such election) in accordance with the requirements of this section, the Election Assistance Commission (hereafter in this Act referred to as the ``Commission'') shall make a payment to the State in an amount equal to the documented reasonable costs incurred by the State in conducting the audits. (2) Certification of compliance and costs.-- (A) Certification required.--In order to receive a payment under this section, a State shall submit to the Commission, in such form as the Commission may require, a statement containing-- (i) a certification that the State conducted the audits in accordance with all of the requirements of this section; (ii) a statement of the reasonable costs incurred in conducting the audits; and (iii) such other information and assurances as the Commission may require. (B) Amount of payment.--The amount of a payment made to a State under this section shall be equal to the reasonable costs incurred in conducting the audits. (C) Determination of reasonableness of costs.--The determinations under this paragraph of whether costs incurred by a State are reasonable shall be made by the Commission. (3) Timing of payments.--The Commission shall make the payment required under this section to a State not later than 30 days after receiving the statement submitted by the State under paragraph (2). (4) Mandatory immediate reimbursement of counties and other jurisdictions.--If a county or other jurisdiction responsible for the administration of an election in a State incurs costs as the result of the State conducting an audit of the election in accordance with this section, the State shall reimburse the county or jurisdiction for such costs immediately upon receiving the payment from the Commission under paragraph (3). (5) Authorization of appropriations.--There are authorized to be appropriated to the Commission such sums as may be necessary for payments under this section. Any amounts appropriated pursuant to the authorization under this subsection shall remain available until expended. (b) Audit Requirements.--In order to receive a payment under this section for conducting an audit, the State shall meet the following minimum requirements: (1) Not later than 30 days before the date of the regularly scheduled general election for Federal office in November 2008, the State shall establish and publish guidelines, standards, and procedures to be used in conducting audits in accordance with this section. (2) The State shall select an appropriate entity to oversee the administration of the audit, in accordance with such criteria as the State considers appropriate consistent with the requirements of this section, except that the entity must meet a general standard of independence as defined by the State. (3) The State shall determine whether the units in which the audit will be conducted will be precincts or some alternative auditing unit, and shall apply that determination in a uniform manner for all audits conducted in accordance with this section. (4) The State shall select the precincts or alternative auditing units in which audits are conducted in accordance with this section in a random manner following the election after the final unofficial vote count (as defined by the State) has been announced, such that each precinct or alternative auditing unit in which the election was held has an equal chance of being selected, subject to paragraph (9), except that the State shall ensure that at least one precinct or alternative auditing unit is selected in each county in which the election is held. (5) The audit shall be conducted in not less than 2 percent of the precincts or alternative auditing units in the State (in the case of a general election for the office of Senator) or the Congressional district involved (in the case of an election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress). (6) The State shall determine the stage of the tabulation process at which the audit will be conducted, and shall apply that determination in a uniform manner for all audits conducted in accordance with this section, except that the audit shall commence within 48 hours after the State or jurisdiction involved announces the final unofficial vote count (as defined by the State) in each precinct in which votes are cast in the election which is the subject of the audit. (7) With respect to each precinct or alternative audit unit audited, the State shall ensure that a voter verified paper ballot or paper ballot printout verifiable by the voter at the time the vote is cast is available for every vote cast in the precinct or alternative audit unit, and that the tally produced by counting all of those paper ballots or paper ballot printouts by hand is compared with the corresponding final unofficial vote count (as defined by the State) announced with respect to that precinct or audit unit in the election. (8) Within each precinct or alternative audit unit, the audit shall include all ballots cast by all individuals who voted in or who are under the jurisdiction of the precinct or alternative audit unit with respect to the election, including absentee ballots (subject to paragraph (9)), early ballots, emergency ballots, and provisional ballots, without regard to the time, place, or manner in which the ballots were cast. (9) If a State establishes a separate precinct for purposes of counting the absentee ballots cast in the election and treats all absentee ballots as having been cast in that precinct, and if the state does not make absentee ballots sortable by precinct and include those ballots in the hand count, the State may divide absentee ballots into audit units approximately equal in size to the average precinct in the State in terms of the number of ballots cast, and shall randomly select and include at least 2 percent of those audit units in the audit. Any audit carried out with respect to such an audit unit shall meet the completeness requirement and the other standards set forth under paragraph (7) and applicable to audits carried out with respect to other precincts and alternative audit units, including the requirement that all paper ballots be counted by hand. (10) The audit shall be conducted in a public and transparent manner, such that members of the public are able to observe the entire process. (c) Collection and Submission of Audit Results; Publication.-- (1) State submission of report.--In order to receive a payment under this section, a State shall submit to the Commission a report, in such form as the Commission may require, on the results of each audit conducted under this section. (2) Commission action.--The Commission may request additional information from a State based on the report submitted under paragraph (1). (3) Publication.--The Commission shall publish each report submitted under paragraph (1) upon receipt. (d) Delay in Certification of Results by State.--No State may certify the results of any election which is subject to an audit under this section prior to completing the audit, resolving discrepancies discovered in the audit, and submitting the report required under subsection (c). (e) State Defined.--In this Act, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, and the United States Virgin Islands.

Emergency Election Audit Act of 2008 - Requires the Election Assistance Commission to reimburse states for the reasonable costs incurred in conducting manual audits, meeting specified requirements, of the results of the general elections for federal office to be held in November 2008. Requires such payments also if, at the state's option, the state conducts audits of elections for state and local office held at the same time as the general election.

{"src": "billsum_train", "title": "To direct the Election Assistance Commission to reimburse jurisdictions for the costs incurred in conducting manual audits of the results of the general elections for Federal office to be held in November 2008."}

SECTION 1. TAX TREATMENT OF ACCELERATED DEATH BENEFITS UNDER LIFE INSURANCE CONTRACTS. (a) General Rule.--Section 101 of the Internal Revenue Code of 1986 (relating to certain death benefits) is amended by adding at the end the following new subsection: ``(g) Treatment of Certain Accelerated Death Benefits.-- ``(1) In general.--For purposes of this section, any amount received under a life insurance contract on the life of an insured who is a terminally ill individual shall be treated as an amount paid by reason of the death of such insured. ``(2) Necessary conditions.-- ``(A) In general.--Paragraph (1) shall not apply to any amount received unless-- ``(i) the total amount received is not less than the present value (determined under subparagraph (B)) of the reduction in the death benefit otherwise payable in the event of the death of the insured, and ``(ii) the percentage reduction in the cash surrender value of the contract by reason of the distribution does not exceed the percentage reduction in the death benefit payable under the contract by reason of such distribution. ``(B) Present value.--The present value of the reduction in the death benefit shall be determined by-- ``(i) using a discount rate which is based on an interest rate which does not exceed the highest interest rate set forth in subparagraph (C), and ``(ii) assuming that the death benefit (or the portion thereof) would have been paid on the date which is 12 months after the date of the certification referred to in paragraph (3). ``(C) Rates.--The interest rates set forth in this subparagraph are the following: ``(i) the 90-day Treasury bill yield, ``(ii) the rate described as Moody's Corporate Bond Yield Average-Monthly Average Corporates as published by Moody's Investors Service, Inc., or any successor thereto, for the calendar month ending 2 months before the date on which the rate is determined, and ``(iii) the rate used to compute the cash surrender values under the contract during the applicable period plus 1 percent per annum. ``(D) Special rules relating to liens.--If a lien is imposed against a life insurance contract with respect to any amount referred to in paragraph (1)-- ``(i) for purposes of subparagraph (A), the amount of such lien shall be treated as a reduction (at the time of receipt) in the death benefit or cash surrender value to the extent that such benefit or value, as the case may be, is (or may become) subject to the lien, and ``(ii) paragraph (1) shall not apply to the amount received unless any rate of interest with respect to any amount in connection with which such lien is imposed does not exceed the highest rate set forth in subparagraph (C). ``(3) Terminally ill individual.--For purposes of this subsection, the term `terminally ill individual' means an individual who the insurer has determined, after receipt of an acceptable certification by a licensed physician, has an illness or physical condition which can reasonably be expected to result in death within 12 months after the date of certification. ``(4) Exception for business-related policies.--This subsection shall not apply in the case of any amount paid to any taxpayer other than the insured if such taxpayer has an insurable interest with respect to the life of the insured by reason of the insured being a director, officer, or employee of the taxpayer or by reason of the insured having a financial interest in any trade or business carried on by the taxpayer.'' (b) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendment made by this section shall apply to amounts received after the date of the enactment of this Act. (2) Delay in application of discount rules.--Clause (i) of section 101(g)(2)(A) of the Internal Revenue Code of 1986 shall not apply to any amount received before the first day of the first calendar month beginning more than 180 days after the date of the enactment of this Act. (3) Issuance of rider not treated as material change.--For purposes of applying section 101(f), 7702, or 7702A of the Internal Revenue Code of 1986 to any contract, the issuance of a qualified accelerated death benefit rider (as defined in section 818(g) of such Code (as added by this Act)) shall not be treated as a modification or material change of such contract. SEC. 2. TAX TREATMENT OF COMPANIES ISSUING QUALIFIED ACCELERATED DEATH BENEFIT RIDERS. (a) Qualified Accelerated Death Benefit Riders Treated as Life Insurance.--Section 818 of the Internal Revenue Code of 1986 (relating to other definitions and special rules) is amended by adding at the end the following new subsection: ``(g) Qualified Accelerated Death Benefit Riders Treated as Life Insurance.--For purposes of this part-- ``(1) In general.--Any reference to a life insurance contract shall be treated as including a reference to a qualified accelerated death benefit rider on such contract. ``(2) Qualified accelerated death benefit riders.--For purposes of this subsection, the term `qualified accelerated death benefit rider' means any rider on a life insurance contract which provides for a distribution to an individual upon the insured becoming a terminally ill individual (as defined in section 101(g)(3)).'' (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.

Amends the Internal Revenue Code to exclude from gross income as death benefits amounts received under a life insurance contract for certain terminally ill individuals. Allows insurance companies to issue accelerated death benefit riders on life insurance contracts.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for the tax treatment of accelerated death benefits under life insurance contracts."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sensible Advertising and Family Education Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Alcohol is by far the drug most widely used and abused by young people in the United States today, even though it is illegal for youths under the age of 21 to purchase alcohol in all 50 of the States and the District of Columbia. (2) According to the National Institute on Alcohol Abuse and Alcoholism, an estimated 18,000,000 persons in the United States who are 18 or older currently experience problems as a result of alcohol use. An estimated 4,500,000 young people are dependent on alcohol or are problem drinkers. (3) According to the 1995 National Institute on Drug Abuse survey of high school students and young adults (entitled ``Monitoring the Future''), 80 percent of high school seniors, 71 percent of tenth graders, and 56 percent of eighth graders had used alcohol at least once. Twenty-eight percent of high school seniors, 24 percent of tenth graders, and 15 percent of eighth graders had experienced a ``binge'' of 5 or more drinks in a row within the past 2 weeks. Among college students, 88 percent reported having used alcohol and 40 percent reported occasions of binge drinking, including 31 percent of the females and 52 percent of the males. (4) The average age at which young people begin drinking is 13. By age 13, approximately 30 percent of boys and 22 percent of girls classify themselves as drinkers. According to the 1995 ``Monitoring the Future'' survey, 14 percent of high school seniors reported having been drunk by eighth grade, 30 percent by ninth grade, 43 percent by tenth grade, and 60 percent by twelfth grade. Studies demonstrate that the use of alcohol before the age of 15 appears to be one of the predictors of later heavy alcohol and other drug use. (5) According to a national survey on youth and alcohol (Inspector General of the Department of Health and Human Services, 1991), the average binge drinker is a 16 year-old male in the tenth grade who was 12 years old when he took his first drink. (6) Young people are not well informed about the hazards of alcohol use. More than one quarter of high school seniors do not view taking one or two drinks nearly every day as entailing great risk. Approximately 45 percent of eighth graders, 47 percent of tenth graders, and 53 percent of twelfth graders do not perceive having 5 or more drinks once or twice a weekend as entailing a great risk (1995 ``Monitoring the Future'' survey). More than 2.6 million students do not know a person can die from an overdose of alcohol. A projected 259,000 students think that wine coolers or beer cannot get a person drunk, make a person sick, or do as much harm as other alcoholic beverages (Inspector General of the Department of Health and Human Services, 1991). (7) According to Healthy People 2000, the National Health Promotion and Disease Prevention Objectives-- (A) nearly one-half of all deaths from motor vehicle crashes are alcohol-related; (B) alcohol is implicated in nearly one-half of all fatal intentional injuries such as suicides and homicides; and (C) victims are intoxicated in approximately one- third of all homicides, drownings, and boating deaths. (8) An estimated 25 percent of all hospitalized persons have alcohol-related problems. (9) Alcohol in combination with other drugs is the leading cause of emergency room drug abuse episodes. (10) In 1995, chronic liver disease, including cirrhosis, was the 11th leading cause of death in the United States. Of 41,000 deaths attributed to liver disease in the United States, 46 percent diagnostically were associated with alcohol. Heavy alcohol use is considered the most important risk factor for chronic liver disease. Even among liver disease deaths not coded as alcohol-related, approximately 50 percent are thought to be due to alcohol use. (11) Between 5 and 24 percent of hypertension cases are associated with alcohol. Many cases diagnosed as essential hypertension (high blood pressure having no known causes) may actually have chronic alcohol ingestion as their cause. (12) Alcohol abuse is strongly associated with increased risk of cancer, especially cancer of the liver, esophagus, nasopharynx, and larynx. Alcohol is also associated with dietary deficiency that may increase cancer risk. (13) Treatment costs for fetal alcohol syndrome (referred to in this paragraph as ``FAS'') and other alcohol-related birth defects in the United States are estimated at nearly a third of a billion dollars. FAS is one of the top 3 known causes of birth defects with accompanying mental retardation and the only known preventable cause among the top three. Among children born to women who drink heavily, the incidence of FAS may be as high as 25 per 1,000 live births. Among children born to other women, the FAS incidence is between 1 to 3 infants with the syndrome per 1,000 live births. The incidence of other alcohol-related birth defects is estimated to be 3 times greater than that of FAS. (14) The alcoholic-beverage industry spends approximately $2,000,000,000 each year on advertising and promotions in the United States. (15) Alcohol advertising, especially in the broadcast media, represents the single greatest source of alcohol education for persons in the United States. According to a 1990 study of 10 to 13 year- olds, funded by the American Automobile Association Foundation for Traffic Safety, there is a relationship between exposure and attention by an individual to beer advertising and expectations that the individual drink as an adult. (16) A major 1981 federally funded study found a significant relationship between-- (A) exposure of individuals to alcoholic-beverage advertising as youth; and (B) drinking behaviors and attitudes of the individuals that can lead to certain forms of problem drinking. (17) According to the Department of Health and Human Services, sponsorships and promotions on college campuses by alcohol producers and the use of celebrities and youth-oriented musical groups in advertising create a pro-drinking environment. (18) Over 80 percent of 2,000 adults surveyed in 1988 for the Bureau of Alcohol, Tobacco, and Firearms by the Opinion Research Corporation believe that alcohol advertising influences underage youth to drink alcoholic beverages. The survey also found that the general public feels that the young people of the United States constitute the group that is most at risk from drinking alcoholic beverages. (19) The 1988 Surgeon General's Workshop on Drunk Driving has recommended-- (A) that the level of alcoholic-beverage advertising be matched with an equal number of pro- health and pro-safety messages; and (B) the inclusion of health warning messages in all alcohol advertising. (20) The National Commission on Drug-Free Schools' September 1990 Final Report, ``Toward a Drug-Free Generation: A Nation's Responsibility'' recommends that Congress-- (A) require additional health and safety messages on all alcohol products and advertising for the products; and (B) consider enacting a ban on advertising and promotion of alcohol if alcohol advertising still targets youth and glamorizes alcohol use two years following the publication of the report. (21) Over two-thirds of persons surveyed in a 1989 Wall Street Journal poll favor requiring warnings about the dangers of drinking both on alcoholic-beverage containers and in alcohol advertisements. Nearly three- fourths of persons surveyed in a 1990 Gallup Poll favor requiring health warning messages in alcohol advertising. SEC. 3. HEALTH WARNINGS. (a) In General.--On and after the expiration of the 6-month period following the date of enactment of this Act, it shall be an unfair or deceptive act or practice under section 6 of the Federal Trade Commission Act for any person to-- (1) advertise or cause to be advertised through magazines, newspapers, brochures, and promotional displays within the United States any alcoholic beverage unless the advertising bears, in accordance with requirements of section 3(a), one of the following health warnings: SURGEON GENERAL'S WARNING: If you are pregnant, don't drink. Drinking alcohol during pregnancy may cause mental retardation and other birth defects. Avoid alcohol during pregnancy. If you are pregnant and can't stop drinking, call [insert appropriate toll free number]. SURGEON GENERAL'S WARNING: Alcohol is a drug and may be addictive. If you know someone who has an alcohol or other drug problem or has trouble controlling their drinking, call [insert appropriate toll free number]. SURGEON GENERAL'S WARNING: Drive sober. If you don't, you could lose your driver's license or even your life. Alcohol impairs your ability to drive a car or operate machinery. If you or people you love drink and drive, call [insert appropriate toll free number]. SURGEON GENERAL'S WARNING: Don't mix alcohol with over- the-counter, prescription, or illicit drugs. For more information call [insert appropriate toll free number]. SURGEON GENERAL'S WARNING: If you drink too much alcohol too fast, you can die. You can be poisoned by alcohol if you drink [insert number of drinks] in [insert time]. To find out more about alcohol poisoning call [insert appropriate toll free number]. SURGEON GENERAL'S WARNING: Drinking increases your risks of high blood pressure, liver disease, and cancer. The more you drink, the more likely it is that you will have such health problems. To find out how to prevent getting such health problems call [insert appropriate toll free number]., or (2) advertise or cause to be advertised through radio, television broadcasting (including cable broadcasting and paid per view or subscription television), or other electronic means any alcoholic beverage unless the advertising includes, in accordance with requirements of section 3(b), one of the following health warnings: SURGEON GENERAL'S WARNING: If you are pregnant, don't drink alcohol. Alcohol may cause mental retardation and other birth defects. SURGEON GENERAL'S WARNING: Alcohol is a drug and may be addictive. SURGEON GENERAL'S WARNING: Drive sober. If you don't, you could lose your driver's license or even your life. SURGEON GENERAL'S WARNING: Don't mix alcohol with over- the-counter, prescription, or illicit drugs. SURGEON GENERAL'S WARNING: If you drink too much alcohol too fast, you can die of alcohol poisoning. SURGEON GENERAL'S WARNING: Drinking too much alcohol increases your risk of high blood pressure, liver disease, and cancer. (b) Toll Free Numbers.--The Secretary of Health and Human Services shall be responsible for establishing and maintaining the toll free numbers referred to in the health warnings required by subsection (a)(1). The Secretary shall report to Congress annually on the number of calls received using those numbers. SEC. 4. REQUIREMENTS. (a) In General.--The health warnings required for alcoholic beverage advertisements by section 3(a)(1) shall-- (1) be located in a conspicuous and prominent place on each such advertisement, as determined by the Secretary of Health and Human Services in regulations to take effect no later than 6 months after the date of the enactment of this Act, (2) shall require that all the regulations issued by the Secretary under paragraph (1) shall require that all letters in such health warnings appear in conspicuous and legible type that is not script or italic and that such health warnings be in contrast by typography, layout, and color with all other printed material in the advertisement, be surrounded by typographic lines that form a box, and, on an appropriate visual medium, appear on the front of an advertisement as indicated by labeling of the manufacturer or importer, and (3) be rotated in an alternating sequence on each advertisement of a brand style in accordance with a plan submitted by such manufacturer or importer to the Secretary. The Secretary shall approve a plan submitted under paragraph (3) by a manufacturer or importer that assures that each sequence of the same or substantially similar advertisement for a brand style has displayed upon it an equal distribution of each health warning at the same time. If an application is approved by the Secretary, the rotation shall apply with respect to the applicant during the one-year period beginning on the date of the application approval. (b) Radio and Television.-- (1) Warnings.--The health warnings required for alcoholic beverage advertisements placed on radio or television broadcasting by section 2(a)(2) shall-- (A) be included in a conspicuous and prominent manner in such advertisement, as determined by the Secretary of Health and Human Services in regulations to take effect not later than 6 months after the date of the enactment of this Act, and (B) be rotated in an alternating sequence on each such advertisement of a brand style in accordance with a plan submitted by such manufacturer or importer to the Secretary. The Secretary shall approve a plan submitted under subparagraph (B) by a manufacturer or importer that assures that an equal distribution of each of the health warnings is displayed on each sequence of the same or substantially similar advertisement for a brand style at the same time. If an application is approved by the Secretary, the rotation shall apply with respect to the applicant during the one-year period beginning on the date of the application approval. (2) Regulations.--The regulations issued by the Secretary under paragraph (1) shall require-- (A) that such health warnings be read as part of an alcoholic beverage advertisement in an audible and deliberate manner and in a length of time that allows for a clear understanding of the health warning message by the intended audience, and (B) that for television a graphic representation of such health warning be included after each advertisement, that all letters in such health warning appear in conspicuous and legible type that is not script or italic, that such health warning be surrounded by typographic lines that form a box, and that such health warning appear in the same length of time simultaneously with the reading of the message required by subparagraph (A). SEC. 5. DEFINITIONS. As used in this Act-- (1) the term ``alcoholic beverage'' includes any beverage in liquid form which contains not less than one-half of one percent of alcohol by volume and is intended for human consumption, (2) the term ``person'' includes a State, a State agency, or an officer or employee of a State or State agency, and (3) the term ``State'' includes-- (A) any political subdivision of a State, (B) the District of Columbia, (C) the Commonwealth of Puerto Rico, (D) the Commonwealth of the Northern Mariana Islands, (E) Guam, (F) the Virgin Islands, (G) American Samoa, (H) Wake Island, (I) the Midway Islands, (J) Kingman Reef, and (K) Johnston Island. SEC. 6. REPORT TO CONGRESS. (a) Investigation.--Not earlier than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall conduct an appropriate investigation and consult with the Surgeon General to determine whether available scientific information would justify a change in, an addition to, or deletion of, a health warning set forth in section 3. (b) Report.--If the Secretary of Health and Human Services finds that available scientific information would justify the change, addition, or deletion described in subsection (a), the Secretary shall promptly submit a report to the appropriate committees of Congress containing-- (1) the information; and (2) specific recommendations for such amendments to this Act as the Secretary determines to be appropriate and in the public interest.

Sensible Advertising and Family Education Act - Declares it to be an unlawful or deceptive act under the Federal Trade Commission Act to advertise any alcoholic beverage through magazines, newspapers, brochures, promotional displays, radio, television (including cable, paid per view, or subscription), or other electronic means, unless the advertising includes one of specified health warnings. Requires the Secretary of Health and Human Services to maintain toll-free numbers referred to in some of the warnings.

{"src": "billsum_train", "title": "Sensible Advertising and Family Education Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Osteoporosis and Related Bone Diseases Research Act of 1997''. SEC. 2. FINDINGS. The Congress finds that-- (1) osteoporosis, or porous bone, is a condition characterized by an excessive loss of bone tissue and an increased susceptibility to fractures of the hip, spine, and wrist; (2) osteoporosis is a threat to an estimated 28,000,000 Americans, 80 percent of whom are women, many of whose cases go undiagnosed because the condition develops without symptoms until a strain, bump, or fall causes a fracture; (3) between 3 and 4 million Americans have Paget's disease, osteogenesis imperfecta, hyperparathyroidism, and other related metabolic bone diseases; (4) osteoporosis is responsible for 1,500,000 bone fractures annually, including more than 300,000 hip fractures, 700,000 vertebral fractures, 200,000 fractures of the wrist, and the remaining fractures at other sites; (5) 1 of every 2 women and 1 of every 8 men over age 50 will develop fractures associated with osteoporosis in their lifetimes; (6) direct medical costs of osteoporosis are estimated to be $13,800,000,000 annually for the United States, not including the costs of family care and lost work for caregivers; (7) direct medical costs of osteoporosis are expected to increase precipitously because the proportion of the population comprised of older persons is expanding and each generation of older persons tends to have a higher incidence of osteoporosis than preceding generations; (8) technology now exists, and new technology is developing, that will permit early diagnosis and prevention of osteoporosis as well as management of the condition once it has developed; (9) funding for research on osteoporosis and related bone diseases is severely constrained at key research institutes, including the National Institute of Arthritis and Musculoskeletal and Skin Diseases, the National Institute on Aging, the National Institute of Diabetes and Digestive and Kidney Diseases, the National Institute of Dental Research, and the National Institute of Child Health and Human Development; (10) further research is needed to improve medical knowledge concerning-- (A) cellular mechanisms related to the processes of bone resorption and bone formation, and the effect of different agents on bone remodeling; (B) risk factors for osteoporosis, including newly discovered risk factors, risk factors related to groups not ordinarily studied (such as men and minorities), risk factors related to genes that help to control skeletal metabolism, and risk factors relating to the relationship of aging processes to the development of osteoporosis; (C) bone mass measurement technology, including more widespread and cost-effective techniques for making more precise measurements and for interpreting measurements; (D) calcium (including bioavailability, intake requirements, and the role of calcium in building heavier and denser skeletons), and vitamin D and its role as an essential vitamin in adults; (E) prevention and treatment, including the efficacy of current therapies, alternative drug therapies for prevention and treatment, and the role of exercise; and (F) rehabilitation; and (11) further educational efforts are needed to increase public and professional knowledge of the causes of, methods for avoiding, and treatment of osteoporosis. SEC. 3. OSTEOPOROSIS RESEARCH. Subpart 4 of part C of title IV of the Public Health Service Act (42 U.S.C. 285d et seq.) is amended by adding at the end the following new section: ``research on osteoporosis and related diseases ``Sec. 442A. (a) Expansion of Research.--The Director of the Institute, the Director of the National Institute on Aging, the Director of the National Institute of Diabetes and Digestive and Kidney Diseases, the Director of the National Institute of Dental Research, and the Director of the National Institute of Child Health and Human Development shall expand and intensify research on osteoporosis and related bone diseases. The research shall be in addition to research that is authorized under any other provision of law. ``(b) Mechanisms for Expansion of Research.--Each of the Directors specified in subsection (a) shall, in carrying out such subsection, provide for one or more of the following: ``(1) Investigator-initiated research. ``(2) Funding for investigators beginning their research careers. ``(3) Mentorship research grants. ``(c) Specialized Centers of Research.-- ``(1) In general.--The Director of the Institute, after consultation with the advisory council for the Institute, shall make grants to, or enter into contracts with, public or nonprofit private entities for the development and operation of centers to conduct research on osteoporosis and related bone diseases. Subject to the extent of amounts made available in appropriations Acts, the Director shall provide for not less than three such centers. ``(2) Activities.--Each center assisted under this subsection-- ``(A) shall, with respect to osteoporosis and related bone diseases-- ``(i) conduct basic and clinical research; ``(ii) develop protocols for training physicians, scientists, nurses, and other health and allied health professionals; ``(iii) conduct training programs for such individuals; ``(iv) develop model continuing education programs for such professionals; and ``(v) disseminate information to such professionals and the public; ``(B) may use the funds to provide stipends for health and allied health professionals enrolled in training programs described in subparagraph (A)(iii); and ``(C) shall use the facilities of a single institution, or be formed from a consortium of cooperating institutions, meeting such requirements as may be prescribed by the Director of the Institute. ``(3) Duration of support.--Support of a center under this subsection may be for a period not exceeding 5 years. Such period may be extended for one or more additional periods not exceeding 5 years if the operations of such center have been reviewed by an appropriate technical and scientific peer review group established by the Director and if such group has recommended to the Director that such period should be extended. ``(d) Definition of Related Bone Diseases.--For purposes of this section, the term `related bone diseases' includes-- ``(1) Paget's disease, a bone disease characterized by enlargement and loss of density with bowing and deformity of the bones; ``(2) osteogenesis imperfecta, a familial disease marked by extreme brittleness of the long bones; ``(3) hyperparathyroidism, a condition characterized by the presence of excess parathormone in the body resulting in disturbance of calcium metabolism with loss of calcium from bone and renal damage; ``(4) hypoparathyroidism, a condition characterized by the absence of parathormone resulting in disturbances of calcium metabolism; ``(5) renal bone disease, a disease characterized by metabolic disturbances from dialysis, renal transplants, or other renal disturbances; ``(6) primary or postmenopausal osteoporosis and secondary osteoporosis, such as that induced by corticosteroids; and ``(7) other general diseases of bone and mineral metabolism including abnormalities of vitamin D. ``(e) Authorizations of Appropriations.-- ``(1) National institute of arthritis and musculoskeletal and skin diseases.--For the purpose of carrying out this section through the National Institute of Arthritis and Musculoskeletal and Skin Diseases, there are authorized to be appropriated $17,000,000 for each of the fiscal years 1999 through 2001, and such sums as may be necessary for each subsequent fiscal year. ``(2) National institute on aging.--For the purpose of carrying out this section through the National Institute on Aging, there are authorized to be appropriated $10,000,000 for each of the fiscal years 1999 through 2001, and such sums as may be necessary for each subsequent fiscal year. ``(3) National institute of diabetes and digestive and kidney diseases.--For the purpose of carrying out this section through the National Institute of Diabetes and Digestive and Kidney Diseases, there are authorized to be appropriated $10,000,000 for each of the fiscal years 1999 through 2001, and such sums as may be necessary for each subsequent fiscal year. ``(4) National institute of dental research.--For the purpose of carrying out this section through the National Institute of Dental Research, there are authorized to be appropriated $5,000,000 for each of the fiscal years 1999 through 2001, and such sums as may be necessary for each subsequent fiscal year. ``(5) National institute of child health and human development.--For the purpose of carrying out this section through the National Institute of Child Health and Human Development, there are authorized to be appropriated $5,000,000 for each of the fiscal years 1999 through 2001, and such sums as may be necessary for each subsequent fiscal year. ``(6) Specialized centers of research.--For the purpose of carrying out subsection (c), there are authorized to be appropriated $3,000,000 for each of the fiscal years 1999 through 2001, and such sums as may be necessary for each subsequent fiscal year. ``(7) Relation to other provisions.--Authorizations of appropriations under this subsection are in addition to amounts authorized to be appropriated for biomedical research relating to osteoporosis and related bone diseases under any other provision of law.''.

Osteoporosis and Related Bone Diseases Research Act of 1997 - Amends the Public Health Service Act to require specified institutes of the National Institutes of Health to expand and intensify research on osteoporosis and related bone diseases. Directs the Director of the National Institute of Arthritis and Musculoskeletal and Skin Diseases, after consultation with the advisory council for the Institute, to make grants to, or enter into contracts with, public or nonprofit private entities for the development and operation of not less than three centers to conduct research on osteoporosis and related bone diseases. Sets a limitation on the duration of support for the centers. Authorizes appropriations.

{"src": "billsum_train", "title": "Osteoporosis and Related Bone Diseases Research Act of 1997"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Debt Relief Enhancement Act of 2002''. SEC. 2. MODIFICATION OF THE ENHANCED HIPC INITIATIVE. Title XVI of the International Financial Institutions Act (22 U.S.C. 262p--262p-5) is amended by adding at the end the following new section: ``SEC. 1625. MODIFICATION OF THE ENHANCED HIPC INITIATIVE. ``(a) Authority.-- ``(1) In general.--The Secretary of the Treasury shall immediately commence efforts within the Paris Club of Official Creditors, the International Bank for Reconstruction and Development, the International Monetary Fund, and other appropriate multilateral development institutions to modify the Enhanced HIPC Initiative so that the amount of debt stock reduction approved for a country eligible for debt relief under the Enhanced HIPC Initiative shall be sufficient to reduce, for each of the first 3 years after the date of enactment of this Act or the Decision Point, whichever is later-- ``(A) the net present value of the outstanding public and publicly guaranteed debt of the country to not more than 150 percent of the annual value of exports of the country for the year preceding the Decision Point; and ``(B) the annual payments due on such public and publicly guaranteed debt to not more than 10 percent or, in the case of a country suffering a public health crisis (as defined in subsection (e)), not more than 5 percent, of the amount of the annual current revenues received by the country from internal resources. ``(2) Limitation.--In financing the objectives of the Enhanced HIPC Initiative, an international financial institution shall give priority to using its own resources. ``(b) Relation to Poverty and the Environment.--Debt cancellation under the modifications to the Enhanced HIPC Initiative described in subsection (a) shall not be conditioned on any agreement by an impoverished country to implement or comply with policies that deepen poverty or degrade the environment, including any policy that-- ``(1) implements or extends user fees on primary education or primary health care, including prevention and treatment efforts for HIV/AIDS, tuberculosis, malaria, and infant, child, and maternal well-being; ``(2) provides for increased cost recovery from poor people to finance basic public services such as education, health care, clean water, or sanitation; ``(3) reduces the country's minimum wage to a level of less than $2 per day or undermines workers' ability to exercise effectively their internationally recognized worker rights, as defined under section 526(e) of the Foreign Operations, Export Financing and Related Programs Appropriations Act, 1995 (22 U.S.C. 262p-4p); or ``(4) promotes unsustainable extraction of resources or results in reduced budget support for environmental programs. ``(c) Conditions.--A country shall not be eligible for cancellation of debt under modifications to the Enhanced HIPC Initiative described in subsection (a) if the government of the country-- ``(1) has an excessive level of military expenditures; ``(2) has repeatedly provided support for acts of international terrorism, as determined by the Secretary of State under section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)) or section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)); ``(3) is failing to cooperate on international narcotics control matters; or ``(4) engages in a consistent pattern of gross violations of internationally recognized human rights (including its military or other security forces). ``(d) Programs To Combat HIV/AIDS and Poverty.--A country that is otherwise eligible to receive cancellation of debt under the modifications to the Enhanced HIPC Initiative described in subsection (a) may receive such cancellation only if the country has agreed-- ``(1) to ensure that the financial benefits of debt cancellation are applied to programs to combat HIV/AIDS and poverty, in particular through concrete measures to improve basic services in health, education, nutrition, and other development priorities, and to redress environmental degradation; ``(2) to ensure that the financial benefits of debt cancellation are in addition to the government's total spending on poverty reduction for the previous year or the average total of such expenditures for the previous 3 years, whichever is greater; ``(3) to implement transparent and participatory policymaking and budget procedures, good governance, and effective anticorruption measures; and ``(4) to broaden public participation and popular understanding of the principles and goals of poverty reduction. ``(e) Definitions.--In this section: ``(1) Country suffering a public health crisis.--The term `country suffering a public health crisis' means a country in which the HIV/AIDS infection rate, as reported in the most recent epidemiological data for that country compiled by the Joint United Nations Program on HIV/AIDS, is at least 5 percent among women attending prenatal clinics or more than 20 percent among individuals in groups with high-risk behavior. ``(2) Decision point.--The term `Decision Point' means the date on which the executive boards of the International Bank for Reconstruction and Development and the International Monetary Fund review the debt sustainability analysis for a country and determine that the country is eligible for debt relief under the Enhanced HIPC Initiative. ``(3) Enhanced hipc initiative.--The term `Enhanced HIPC Initiative' means the multilateral debt initiative for heavily indebted poor countries presented in the Report of G-7 Finance Ministers on the Cologne Debt Initiative to the Cologne Economic Summit, Cologne, June 18-20, 1999.''. SEC. 3. REPORT ON EXPANSION OF DEBT RELIEF TO NON-HIPC COUNTRIES. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Secretary of the Treasury shall submit to Congress a report on-- (1) the options and costs associated with the expansion of debt relief provided by the Enhanced HIPC Initiative to include poor countries that were not eligible for inclusion in the Enhanced HIPC Initiative; (2) options for burden-sharing among donor countries and multilateral institutions of costs associated with the expansion of debt relief; and (3) options, in addition to debt relief, to ensure debt sustainability in poor countries, particularly in cases when the poor country has suffered an external economic shock or a natural disaster. (b) Specific Options To Be Considered.--Among the options for the expansion of debt relief provided by the Enhanced HIPC Initiative, consideration should be given to making eligible for that relief poor countries for which outstanding public and publicly guaranteed debt requires annual payments in excess of 10 percent or, in the case of a country suffering a public health crisis (as defined in section 1625(e) of the Financial Institutions Act, as added by section 2 of this Act), not more than 5 percent, of the amount of the annual current revenues received by the country from internal resources. (c) Enhanced HIPC Initiative Defined.--In this section, the term ``Enhanced HIPC Initiative'' means the multilateral debt initiative for heavily indebted poor countries presented in the Report of G-7 Finance Ministers on the Cologne Debt Initiative to the Cologne Economic Summit, Cologne, June 18-20, 1999.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the President such sums as may be necessary for the fiscal year 2003 and each fiscal year thereafter to carry out section 1625 of the International Financial Institutions Act, as added by section 2 of this Act. (b) Availability of Funds.--Amounts appropriated pursuant to subsection (a) are authorized to remain available until expended.

Debt Relief Enhancement Act of 2002 - Amends the International Financial Institutions Act to direct the Secretary of the Treasury to commence efforts immediately within the Paris Club of Official Creditors, the International Bank for Reconstruction and Development (IBRD), the International Monetary Fund (IMF), and other appropriate multilateral development institutions to modify the Enhanced Heavily Indebted Poor Countries (HIPC) Initiative so that the amount of debt stock reduction approved for a country eligible for debt relief shall be sufficient to reduce, by a specified deadline, the net present value of the outstanding public and publicly guaranteed debt of the country, and the annual payments due, to levels determined according to certain formulae.Prohibits conditioning any such debt cancellation on an agreement by an impoverished country to implement or comply with policies that deepen poverty or degrade the environment.Prescribes other specified conditions and prohibitions with respect to country eligibility.Requires any country otherwise eligible to receive debt cancellation under the modifications to the Initiative made by this Act to agree to: (1) ensure that the financial benefits of debt cancellation are applied to programs to combat HIV/AIDS and poverty; and (2) implement transparent and participatory policymaking and budget procedures, good governance, and effective anticorruption measures.Requires the Secretary to report to Congress on the options and costs associated with expanding debt relief under the Initiative to poor countries not eligible for inclusion in it.

{"src": "billsum_train", "title": "A bill to amend the International Financial Institutions Act to provide for modification of the Enhanced Heavily Indebted Poor Countries (HIPC) Initiative."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Retain Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Hundreds of American corporations are shipping thousands of jobs to foreign countries. (2) United States companies either send American jobs overseas, or choose to employ cheap overseas labor, instead of American workers. (3) Shifting of jobs occurs in all industry sectors including manufacturing, services, supply chain, and all others. SEC. 3. AMENDMENTS. (a) Civilian Agency Contracts.-- (1) Amendment.--Chapter 47 of title 41, United States Code, is amended by adding at the end the following new section: ``Sec. 4713. Preference for keeping jobs in the United States ``(a) Preference.--The head of an executive agency shall give a preference for an offeror that certifies to retain jobs performed in the United States (regardless of the citizenship of the employee) and uses products substantially manufactured in the United States and services provided in the United States for the contract for which an offer is made. ``(b) Applicability to Subcontracts.--The preference described under subsection (a) applies to the award of a contract by an executive agency and the award of any subcontract (at any tier) in the performance of such contract. ``(c) Certification.--To be eligible for the preference described under subsection (a), an offeror shall submit a certification that confirms the offeror and any subcontractor (if applicable)-- ``(1) has not relocated jobs from the United States to foreign countries in the preceding five years; ``(2) has not established foreign facilities to perform the same function that otherwise could have been performed in the United States with the intention of manufacturing or providing the same service and importing the same product or service back to the United States; ``(3) will not relocate jobs from the United States to foreign countries during the period of performance of the contract; and ``(4) will use products substantially manufactured in the United States and services provided in the United States under the contract. ``(d) Exception to Certification.--Notwithstanding the requirements of the certification described under subsection (c), the head of an executive agency may except an offeror from any of the requirements if the exception is fully described and justified and one or more of the following conditions apply: ``(1) The products are not manufactured in the United States in sufficient and reasonably available commercial quantities and are not of satisfactory quality. ``(2) There is an unreasonable cost associated with the use of products substantially manufactured in the United States or services provided in the United States. ``(3) The use of products substantially manufactured in the United States or services provided in the United States would be inconsistent with the public interest. ``(e) Violation of Certification.--If the head of an executive agency determines that a contractor has submitted a false statement or violated any of the requirements of the certification described in subsection (c), the head of that executive agency shall terminate the contract for which the contractor received the preference described in subsection (a) and the contractor may not receive the preference for a period of not less than 5 years. ``(f) Report Required.--Not later than November 1 of each year, the head of an executive agency shall submit to Congress a report that includes the names of the contractors that have submitted a false statement or violated any of the requirements of the certification described in subsection (c) for the previous fiscal year. ``(g) Applicability to Parent Companies and Subsidiaries.--For purposes of this section, any prohibition on receiving a preference under subsection (e) applied with respect to a contractor shall apply to any subsidiary or parent company of the contractor.''. (2) Technical and conforming amendment.--The table of sections at the beginning of chapter 47 of title 41, United States Code, is amended by adding at the end the following new item: ``4713. Preference for keeping jobs in the United States.''. (b) Defense Contracts.-- (1) Amendment.--Chapter 137 of title 10, United States Code, is amended by inserting after section 2316 the following new section: ``Sec. 2317. Preference for keeping jobs in the United States ``(a) Preference.--The head of an agency shall give a preference for an offeror that certifies to retain jobs performed in the United States (regardless of the citizenship of the employee) in the United States and uses products substantially manufactured in the United States and services provided in the United States for the contract for which an offer is made. ``(b) Applicability to Subcontracts.--The preference described under subsection (a) applies to the award of a contract by any agency named in section 2303 of this chapter and the award of any subcontract (at any tier) in the performance of such contract. ``(c) Certification.--To be eligible for the preference described under subsection (a), an offeror shall submit a certification that confirms the offeror and any subcontractor (if applicable)-- ``(1) has not relocated jobs from the United States to foreign countries in the preceding five years; ``(2) has not established foreign facilities to perform the same function that otherwise could have been performed in the United States with the intention of manufacturing or providing the same service and importing the same product or service back to the United States; ``(3) will not relocate jobs from the United States to foreign countries during the period of performance of the contract; and ``(4) will use products substantially manufactured in the United States and services provided in the United States under the contract. ``(d) Exception to Certification.--Notwithstanding the requirements of the certification described under subsection (c), the head of an agency may except an offeror from any of the requirements if the exception is fully described and justified and one or more of the following conditions apply: ``(1) The products are not manufactured in the United States in sufficient and reasonably available commercial quantities and are not of satisfactory quality. ``(2) There is an unreasonable cost associated with the use of products substantially manufactured in the United States or services provided in the United States. ``(3) The use of products substantially manufactured in the United States or services provided in the United States would be inconsistent with the public interest. ``(e) Violation of Certification.--If the head of an agency determines that a contractor has submitted a false statement or violated any of the requirements of the certification described in subsection (c), the head of that agency shall terminate the contract for which the contractor received the preference described in subsection (a) and the contractor may not receive the preference for a period of not less than 5 years. ``(f) Report Required.--Not later than November 1 of each year, the head of an agency shall submit to Congress a report that includes the names of the contractors that have submitted a false statement or violated any of the requirements of the certification described in subsection (c) for the previous fiscal year. ``(g) Applicability to Parent Companies and Subsidiaries.--For purposes of this section, any prohibition on receiving a preference under subsection (e) applied with respect to a contractor shall apply to any subsidiary or parent company of the contractor.''. (2) Technical and conforming amendment.--The table of sections at the beginning of chapter 137 of title 10, United States Code, is amended by inserting after the item relating to section 2316 the following new item: ``2317. Preference for keeping jobs in the United States.''. (c) Revision of Federal Acquisition Regulation.--The Federal Acquisition Regulation shall be revised to implement the amendment made by this section. (d) Effective Date; Applicability.--The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply with respect to any contract awarded on or after the date occurring 180 days after such effective date.

Retain Act This bill requires an executive agency to give a contracting preference to an offeror that certifies it will retain jobs performed in the United States and use products substantially manufactured in, and services provided in, the United States for the contract. To be eligible, an offeror shall certify that it: has not relocated jobs from the United States to foreign countries in the preceding five years, has not established foreign facilities to perform the same function that could have been performed in the United States with the intention of manufacturing or providing the same service and importing the same product or service back to the United States, will not relocate jobs from the United States to foreign countries during the contract period, and will use U.S. products and services under the contract. An executive agency may except an offeror from such requirements if: the products needed for the contract are not manufactured in the United States in sufficient and reasonably available commercial quantities and are not of satisfactory quality; there is an unreasonable cost associated with the use of products substantially manufactured in, or services provided in, the United States; and/or the use of such products would be inconsistent with the public interest. If an agency determines that a contractor has submitted a false statement or violated any of the certification requirements, it shall terminate the contract and the contractor may not receive the preference for at least five years. The Federal Acquisition Regulation shall be revised to implement the requirements of this bill.

{"src": "billsum_train", "title": "Retain Act"}

TITLE I--THE CHILD ABUSE PREVENTION AND ENFORCEMENT ACT SEC. 101. SHORT TITLE. This title may be cited as the ``Child Abuse Prevention and Enforcement Act''. SEC. 102. GRANT PROGRAM. Section 102(b) of the Crime Identification Technology Act of 1998 (42 U.S.C. 14601(b)) is amended by striking ``and'' at the end of paragraph (15), by striking the period at the end of paragraph (16) and inserting ``; and'', and by adding after paragraph (16) the following: ``(17) the capability of the criminal justice system to deliver timely, accurate, and complete criminal history record information to child welfare agencies, organizations, and programs that are engaged in the assessment of risk and other activities related to the protection of children, including protection against child sexual abuse, and placement of children in foster care.''. SEC. 103. USE OF FUNDS UNDER BYRNE GRANT PROGRAM FOR CHILD PROTECTION. Section 501(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3751) is amended-- (1) by striking ``and'' at the end of paragraph (25); (2) by striking the period at the end of paragraph (26) and inserting a semicolon; and (3) by adding at the end the following: ``(27) enforcing child abuse and neglect laws, including laws protecting against child sexual abuse, and promoting programs designed to prevent child abuse and neglect; and ``(28) establishing or supporting cooperative programs between law enforcement and media organizations, to collect, record, retain, and disseminate information useful in the identification and apprehension of suspected criminal offenders.''. SEC. 104. CONDITIONAL ADJUSTMENT IN SET ASIDE FOR CHILD ABUSE VICTIMS UNDER THE VICTIMS OF CRIME ACT OF 1984. (a) In General.--Section 1402(d)(2) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(2)) is amended-- (1) by striking ``(2) The first $10,000,000'' and inserting ``(2)(A) Except as provided in subparagraph (B), the first $10,000,000''; and (2) by adding at the end the following: ``(B)(i) For any fiscal year for which the amount deposited in the Fund is greater than the amount deposited in the Fund for fiscal year 1998, the $10,000,000 referred to in subparagraph (A) plus an amount equal to 50 percent of the increase in the amount from fiscal year 1998 shall be available for grants under section 1404A. ``(ii) Amounts available under this subparagraph for any fiscal year shall not exceed $20,000,000.''. (b) Interaction With Any Cap.--Subsection (a) shall be implemented so that any increase in funding provided thereby shall operate notwithstanding any dollar limitation on the availability of the Crime Victims Fund established under the Victims of Crime Act of 1984. TITLE II--JENNIFER'S LAW SEC. 201. SHORT TITLE. This title may be cited as ``Jennifer's Law''. SEC. 202. PROGRAM AUTHORIZED. The Attorney General is authorized to provide grant awards to States to enable States to improve the reporting of unidentified and missing persons. SEC. 203. ELIGIBILITY. (a) Application.--To be eligible to receive a grant award under this title, a State shall submit an application at such time and in such form as the Attorney General may reasonably require. (b) Contents.--Each such application shall include assurances that the State shall, to the greatest extent possible-- (1) report to the National Crime Information Center and when possible, to law enforcement authorities throughout the State regarding every deceased unidentified person, regardless of age, found in the State's jurisdiction; (2) enter a complete profile of such unidentified person in compliance with the guidelines established by the Department of Justice for the National Crime Information Center Missing and Unidentified Persons File, including dental records, DNA records, x-rays, and fingerprints, if available; (3) enter the National Crime Information Center number or other appropriate number assigned to the unidentified person on the death certificate of each such unidentified person; and (4) retain all such records pertaining to unidentified persons until a person is identified. SEC. 204. USES OF FUNDS. A State that receives a grant award under this title may use such funds received to establish or expand programs developed to improve the reporting of unidentified persons in accordance with the assurances provided in the application submitted pursuant to section 203(b). SEC. 205. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this title $2,000,000 for each of fiscal years 2000, 2001, and 2002. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(Sec. 103) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to allow the use of drug control and system improvement (Byrne) grants to be used: (1) to enforce child abuse and neglect laws, including laws protecting against child sexual abuse, and to promote programs designed to prevent child abuse and neglect; and (2) to establish or support cooperative programs between law enforcement and media organizations to collect, record, retain, and disseminate information useful in the identification and apprehension of suspected criminal offenders.(Sec. 104) Amends the Victims of Crime Act of 1984 to provide for a conditional adjustment in the set aside for child abuse victims. Directs that such adjustment be implemented so that any increase in funding provided shall operate notwithstanding any dollar limitation on the availability of the Crime Victims Fund.Title II: Jennifer's Law - Jennifer's Law - Authorizes the Attorney General to provide grant awards to enable States to improve the reporting of unidentified and missing persons. Authorizes appropriations.

{"src": "billsum_train", "title": "Child Abuse Prevention and Enforcement Act"}

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Children's Act for Responsible Employment of 2007'' or the ``CARE Act of 2007''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short Title; Table of Contents. Sec. 2. Revised Age Requirement for Child Agricultural Employment; Repeal of Waiver Provision for Hand Harvest Laborers. Sec. 3. Increased Civil Penalties for Child Labor Violations. Sec. 4. Special Criminal Penalties for Certain Aggravated Child Labor Violations. Sec. 5. Report to Congress on Work-Related Injuries to Children and Related Matters. Sec. 6. Employer Reporting Requirements. Sec. 7. Pesticide-Related Worker Protection Standard. Sec. 8. Application of Fair Labor Standards Amendments. SEC. 2. REVISED AGE REQUIREMENT FOR CHILD AGRICULTURAL EMPLOYMENT; REPEAL OF WAIVER PROVISION FOR HAND HARVEST LABORERS. (a) Revised Age Requirement.--Section 13(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(c)) is amended by striking paragraphs (1) and (2) and inserting the following: ``(c)(1) The provisions of section 12 relating to child labor shall not apply to any employee under 16 years of age employed in agriculture, including in an agricultural occupation that the Secretary of Labor finds and declares to be particularly hazardous under section 3(l), if-- ``(A) the employee is employed by a parent of the employee or by a person standing in the place of the parent, on a farm owned or operated by the parent or person; and ``(B) the employment is outside of school hours for the school district where the employee is living while so employed.''. (b) Repeal of Waiver Provision.--Section 13(c) of such Act (29 U.S.C. 213(c)) is further amended by striking paragraph (4). SEC. 3. INCREASED CIVIL PENALTIES FOR CHILD LABOR VIOLATIONS. Section 16(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(e)) is amended-- (1) in the first sentence by striking ``not to exceed $10,000'' and inserting ``not less than $500 and not more than $50,000''; and (2) by inserting after the first sentence the following new sentences: ``In the case of a violation under the preceding sentence that results in a serious lost-time work-related injury or a serious lost-time work-related illness (as such terms are defined in section 12A(c)) to an employee or results in the death of an employee, the civil penalty shall be not more than $50,000. In the case of a repeated or willful violation that results in a serious lost-time work-related injury or a serious lost-time work-related illness to an employee or results in the death of an employee, the civil penalty shall be not more than $100,000.''. SEC. 4. SPECIAL CRIMINAL PENALTIES FOR CERTAIN AGGRAVATED CHILD LABOR VIOLATIONS. Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216) is amended by adding at the end the following: ``(f) Any person who repeatedly or willfully violates any of the provisions of section 12, and such violations result in or contribute to the death or permanent disability of an employee under 18 years of age at the time of such violation, shall be subject to imprisonment for not more than five years or a fine under title 18, United States Code, or both.''. SEC. 5. REPORT TO CONGRESS ON WORK-RELATED INJURIES TO CHILDREN AND RELATED MATTERS. The Fair Labor Standards Act of 1938 is amended by inserting after section 12 (29 U.S.C. 212) the following new section: ``SEC. 12A. DATA ON WORK-RELATED INJURIES TO CHILDREN AND RELATED MATTERS. ``(a) Data Analysis.--Using the sources specified in subsection (b), the Secretary shall analyze data concerning children under the age of 18 who are employed in agriculture, and with respect to such children, each serious lost-time work-related injury, serious lost-time work-related illness, or work-related death. ``(b) Sources Specified.--The sources referred to in subsection (a) are the following: ``(1) Sources within the Department of Labor, including the Wage and Hour Division, the Bureau of Labor Statistics, and the Occupational Safety and Health Administration. ``(2) State employment security agencies and other relevant State agencies. ``(3) The National Institute for Occupational Safety and Health. ``(c) Definitions.--As used in this section: ``(1) The term `serious lost-time work-related injury' means, with respect to an employee under 18 years of age, a work-related injury which results in lost employment time for such employee of at least one work day. ``(2) The term `serious lost-time work-related illness' means, with respect to an employee under 18 years of age, a work-related illness which results in lost employment time for such employee of at least one work day. ``(d) Report.--The Secretary shall submit an annual report to Congress which shall include the following-- ``(1) a summary of the data collected by the Secretary under this section and section 12B; ``(2) an evaluation, based on such data, that reflects the status of child labor and related safety and health hazards; and ``(3) any information, based on such data, that leads the Secretary to believe that children under 18 years of age may have been employed in violation of section 12.''. SEC. 6. EMPLOYER REPORTING REQUIREMENTS. The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended by inserting after section 12A, as added by section 5, the following new section: ``SEC. 12B EMPLOYER REPORTING REQUIREMENTS. ``(a) Report.--Not later than five days after an event specified under subsection (b), the employer involved in the event shall submit a report to the Secretary in accordance with subsection (c). ``(b) Events Specified.--An event referred to in subsection (a) is-- ``(1) a serious lost-time work-related injury to an employee under 18 years of age employed in agriculture; ``(2) the discovery of a serious lost-time work-related illness of an employee under 18 years of age employed in agriculture; or ``(3) a work-related death of an employee under 18 years of age employed in agriculture. ``(c) Contents of Report.--The report required by subsection (a) shall include-- ``(1) the name and address of the employer; ``(2) the name, address, and age of the employee; ``(3) details about the injury, illness, or death of the employee; and ``(4) such other information as the Secretary of Labor may by regulation prescribe. ``(d) Penalty for Failure to Report.--The Secretary may assess a civil penalty on any employer who fails to file a report as required by this section in an amount up to $7,000 per violation. ``(e) Definition.--As used in this section, the terms `serious lost-time work-related injury' and `serious lost-time work-related illness' have the meanings given those terms in section 12A.''. SEC. 7. PESTICIDE-RELATED WORKER PROTECTION STANDARD. (a) Incorporation of Worker Protection Standard in Child Labor Provisions.--Not later than 180 days after the date of enactment of this Act, the Secretary of Labor shall issue final rules to incorporate within the rules relating to the child labor provisions of section 12 of the Fair Labor Standards Act of 1938 (29 U.S.C. 212) the worker protection standard for workers exposed to pesticides in part 170 of title 40, Code of Federal Regulations. If, after incorporating such standard, the standard in such part is revised, the Secretary shall, by rule, incorporate such revisions within the rules relating to the child labor provisions of section 12 of the Fair Labor Standards Act of 1938 (29 U.S.C. 212). (b) Reconciliation of Civil Penalties.--Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216), as amended by sections 3 and 4, is further amended by adding at the end the following new subsections: ``(g) The amount of a civil penalty imposed by the Secretary on a violator for a violation of section 12 of this Act may be offset by the Administrator of the Environmental Protection Agency against the amount of a civil penalty imposed by the Administrator for a violation of the worker protection standard promulgated under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. prec. 121 et seq.) by the same violator if the Administrator determines that the violation of such standard involved the same conduct affecting the same child workers in whose interests the first civil penalty was imposed. ``(h) The amount of a civil penalty imposed by the Administrator of the Environmental Protection Agency on a violator for a violation of the worker protection standard promulgated under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. prec. 121 et seq.) may be offset by the Secretary against the amount of a civil penalty imposed by the Secretary for a violation of section 12 of this Act by the same violator if the Secretary determines that the violation of such section involved the same conduct affecting the same child workers in whose interests the first civil penalty was imposed.''. SEC. 8. APPLICATION OF FAIR LABOR STANDARDS AMENDMENTS. (a) Rulemaking.--Not later than 180 days after the date of enactment of this Act, the Secretary of Labor shall issue final rules to implement the amendments made by sections 2 through 6. The rules issued under this subsection shall take effect not later than 30 days after the date on which the final rules are published in the Federal Register. (b) Violations.--The amendments made by sections 3 and 4 shall apply to violations of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) that occur after the date on which the rules issued under subsection (a) take effect. (c) Rule of Construction.--Nothing in the amendments made by section 3 or 4 shall be construed to preempt any State law that provides protections or remedies for employees that are greater than the protections or remedies provided under such amendments. (d) Employer Reporting Requirements.--The employer reporting requirements of section 12B of the Fair Labor Standards Act of 1938, as added by section 6, shall take effect on the date on which the final rules issued under subsection (a) take effect.

Children's Act for Responsible Employment of 2007 or the CARE Act of 2007 - Amends the Fair Labor Standards Act of 1938 (FLSA) to repeal certain exemptions from child labor prohibitions for agricultural employment. Allows an exemption only if: (1) the agricultural employment of an individual under 16 occurs outside of school hours; and (2) such individual is employed by a parent or a person standing in place of a parent on a farm owned or operated by such parent or person. Raises from 16 to 18 years old the minimum age for engaging in hazardous agricultural employment. Eliminates a waiver for hand-harvesting of certain crops. Increases civil and criminal penalties for child labor violations. Directs the Secretary of Labor to analyze data and report to Congress on work-related injuries to children and related matters. Requires employers to report on work-related serious injuries and illnesses, and deaths, of agricultural employees under 18 years of age. Incorporates into FLSA child labor requirements certain federal standards for protecting workers exposed to pesticides. Reconciles civil penalties for violations of such standards affecting child workers imposed by the Secretary under FLSA and by the Administrator of the Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act.

{"src": "billsum_train", "title": "To amend the Fair Labor Standards Act of 1938 to increase penalties for violations of child labor laws, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Naismith Memorial Basketball Hall of Fame Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) on December 21, 1891, a young physical education instructor named James Naismith introduced the game of ``basket ball'' to his physical education class in Springfield, Massachusetts; (2) in 1959, the Naismith Memorial Basketball Hall of Fame was founded and dedicated to the creator of basketball, Dr. James Naismith, in Springfield, Massachusetts, ``The Birthplace of Basketball'', and became the first and only museum to honor the game at all levels around the world; (3) the Naismith Memorial Basketball Hall of Fame honors players who have achieved greatness, exemplary coaches, referees, and other major contributors to the sport of basketball; (4) the Inaugural Hall of Fame Class of 1959 had 17 honorees who were inducted, including Dr. James Naismith, George Mikan, Forrest C. Allen, Angelo Luisetti, the Original Celtics, and the First Team; (5) the Naismith Memorial Basketball Hall of Fame is recognized throughout the world as the premier institution entrusted with recording and disseminating the history of the game of basketball and recognizing and honoring the achievements of its greatest players, coaches, and contributors; (6) the Naismith Memorial Basketball Hall of Fame provides an entertaining and enriching experience and is known for its educational outreach programs that celebrate and promote positive core values demonstrated by the hallowed heroes of basketball and its founder; (7) basketball is one of the national treasures of the United States, with its fast pace that reflects the freedom of expression and the modern experience of life in the 21st century; (8) since its opening in 1959, the Naismith Memorial Basketball Hall of Fame is home to the largest collection of basketball memorabilia in the world, including more than 30,000 3-dimensional objects, 800,000 photographs, and 1,500,000 documents; (9) the Naismith Memorial Basketball Hall of Fame welcomes more than 6,000,000 visitors interested in discovering the rich history of the game through its stories, its personalities, and its most celebrated moments; (10) the Naismith Memorial Basketball Hall of Fame reaches over 7,000,000 Americans through its educational programs, events, exhibits, social media, and its interactive website; (11) the customized educational programs of the Naismith Memorial Basketball Hall of Fame use basketball to teach young students around the world the important lessons on a variety of topics, including financial literacy, mathematics, civil rights, leadership of character, women's and men's history, and geography; and (12) the Naismith Memorial Basketball Hall of Fame will lead the celebration of 60th anniversary of basketball and will partner with a select group of constituents, including the National Basketball Association, the National Collegiate Athletic Association, and USA Basketball in commemorating the game throughout the 2019-2020 basketball season. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) be struck on a planchet having a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 400,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) be struck on a planchet having a diameter of 1.500 inches; and (C) contain not less than 90 percent silver. (3) Half-dollar clad coins.--Not more than 750,000 half- dollar coins which shall-- (A) weigh 11.34 grams; (B) be struck on a planchet having a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (d) Dome Shape.--The coins minted under this Act shall be in the shape of a dome. SEC. 4. DESIGN OF COINS. (a) In General.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. (b) Designations and Inscriptions.--On each coin minted under this Act there shall be-- (1) a designation of the value of the coin; (2) an inscription of the year ``2019''; and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Selection and Approval Process for Obverse Design.-- (1) In general.--The Secretary shall hold a competition to determine the design of the common obverse of the coins minted under this Act, with such design being emblematic of the game of basketball. (2) Selection and approval.--Proposals for the design of coins minted under this Act may be submitted in accordance with the design selection and approval process developed by the Secretary in the sole discretion of the Secretary. (3) Proposals.--As part of the competition described in this subsection, the Secretary may accept proposals from artists, engravers and other employees of the United States Mint, other Government employees, and members of the general public. (4) Compensation.--The Secretary shall determine compensation for the winning design under this subsection, which shall be not less than $5,000. The Secretary shall take into account this compensation amount when determining the sale price described in section 6(a). (d) Reverse Design.--The design on the common reverse of the coins minted under this Act shall depict a basketball. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2019. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, winning design compensation, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (3) A surcharge of $5 per coin for the half-dollar coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Naismith Memorial Basketball Hall of Fame to fund an endowment that will enable increased operations and educational programming of the Naismith Memorial Basketball Hall of Fame. (c) Audits.--The Naismith Memorial Basketball Hall of Fame shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection.

Naismith Memorial Basketball Hall of Fame Commemorative Coin Act This bill directs the Department 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. The bill requires all sales of such coins to include specified surcharges, which shall be paid by Treasury to the Naismith Memorial Basketball Hall of Fame to fund an endowment for increased operations and educational programming.

{"src": "billsum_train", "title": "Naismith Memorial Basketball Hall of Fame Commemorative Coin Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Savings and Investors Protection Act of 1994''. SEC. 2. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING GAIN OR LOSS. (a) In General.--Part II of subchapter O of chapter 1 of the Internal Revenue Code of 1986 (relating to basis rules of general application) is amended by inserting after section 1021 the following new section: ``SEC. 1022. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING GAIN OR LOSS. ``(a) General Rule.-- ``(1) Indexed basis substituted for adjusted basis.--Except as otherwise provided in this subsection, if an indexed asset which has been held for more than 1 year is sold or otherwise disposed of, for purposes of this title the indexed basis of the asset shall be substituted for its adjusted basis. ``(2) Exception for depreciation, etc.--The deduction for depreciation, depletion, and amortization shall be determined without regard to the application of paragraph (1) to the taxpayer or any other person. ``(b) Indexed Asset.-- ``(1) In general.--For purposes of this section, the term `indexed asset' means-- ``(A) stock in a corporation, and ``(B) tangible property (or any interest therein), which is a capital asset or property used in the trade or business (as defined in section 1231(b)). ``(2) Certain property excluded.--For purposes of this section, the term `indexed asset' does not include: ``(A) Creditor's interest.--Any interest in property which is in the nature of a creditor's interest. ``(B) Options.--Any option or other right to acquire an interest in property. ``(C) Net lease property.--In the case of a lessor, net lease property (within the meaning of subsection (i)(3)). ``(D) Certain preferred stock.--Stock which is fixed and preferred as to dividends and does not participate in corporate growth to any significant extent. ``(E) Stock in foreign corporations.--Stock in a foreign corporation. ``(F) Stock in s corporations.--Stock in an S corporation. ``(3) Exception for stock in foreign corporation which is regularly traded on national or regional exchange.--Paragraph (2)(E) shall not apply to stock in a foreign corporation the stock of which is listed on the New York Stock Exchange, the American Stock Exchange, the national market system operated by the National Association of Securities Dealers, or any domestic regional exchange for which quotations are published on a regular basis other than-- ``(A) stock of a foreign investment company (within the meaning of section 1246(b)), ``(B) stock in a passive foreign investment company (as defined in section 1296), and ``(C) stock in a foreign corporation held by a United States person who meets the requirements of section 1248(a)(2). ``(c) Indexed Basis.--For purposes of this section: ``(1) General rule.--Except as provided in paragraph (2), the indexed basis for any asset is-- ``(A) the adjusted basis of the asset, multiplied by ``(B) the applicable inflation ratio. ``(2) Applicable inflation ratio.--The applicable inflation ratio for any asset is the percentage arrived at by dividing-- ``(A) the gross national product deflator the calendar quarter in which the disposition takes place, by ``(B) the gross national product deflator for the calendar quarter in which the asset was acquired by the taxpayer (or, if later, the calendar quarter ending on December 31, 1994). The applicable inflation ratio shall not be taken into account unless it is greater than 1. The applicable inflation ratio for any asset shall be rounded to the nearest one-tenth of 1 percent. ``(3) Gross national product deflator.--The gross national product deflator for any calendar quarter is the implicit price deflator for the gross national product for such quarter (as shown in the first revision thereof). ``(d) Short Sales.-- ``(1) In general.--In the case of a short sale of an indexed asset with a short sale period in excess of 1 year, for purposes of this title, the amount realized shall be an amount equal to the amount realized (determined without regard to this paragraph) multiplied by the applicable inflation ratio. In applying subsection (c)(3) for purposes of the preceding sentence, the date on which the property is sold short shall be treated as the date on which the holding period for the asset begins and the closing date for the sale shall be treated as the date of disposition. ``(2) Short sale of substantially identical property.--If the taxpayer or the taxpayer's spouse sells short property substantially identical to an asset held by the taxpayer, the asset held by the taxpayer and the substantially identical property shall not be treated as indexed assets for the short sale period. ``(3) Short sale period.--For purposes of this subsection, the short sale period begins on the day after property is sold and ends on the closing date for the sale. ``(e) Treatment of Regulated Investment Companies and Real Estate Investment Trusts.-- ``(1) Adjustments at entity level.-- ``(A) In general.--Except as otherwise provided in this paragraph, the adjustment under subsection (a) shall be allowed to any qualified investment entity (including for purposes of determining the earnings and profits of such entity). ``(B) Exception for qualification purposes.--This section shall not apply for purposes of sections 851(b) and 856(c). ``(2) Adjustments to interests held in entity.-- ``(A) In general.--Stock in a qualified investment entity shall be an indexed asset for any calendar month in the same ratio as the fair market value of the assets held by such entity at the close of such month which are indexed assets bears to the fair market value of all assets of such entity at the close of such month. ``(B) Ratio of 90 percent or more.--If the ratio for any calendar month determined under subparagraph (A) would (but for this subparagraph) be 90 percent or more, such ratio for such month shall be 100 percent. ``(C) Ratio of 10 percent or less.--If the ratio for any calendar month determined under subparagraph (A) would (but for this subparagraph) be 10 percent or less, such ratio for such month shall be zero. ``(D) Valuation of assets in case of real estate investment trusts.--Nothing in this paragraph shall require a real estate investment trust to value its assets more frequently than once each 36 months (except where such trust ceases to exist). The ratio under subparagraph (A) for any calendar month for which there is no valuation shall be the trustee's good faith judgment as to such valuation. ``(3) Qualified investment entity.--For purposes of this subsection, the term `qualified investment entity' means-- ``(A) a regulated investment company (within the meaning of section 851), and ``(B) a real estate investment trust (within the meaning of section 856). ``(f) Other Pass-Thru Entities.-- ``(1) Partnerships.-- ``(A) In general.--In the case of a partnership, the adjustment made under subsection (a) at the partnership level shall be passed through to the partners. ``(B) Special rule in the case of section 754 elections.--In the case of a transfer of an interest in a partnership with respect to which the election provided in section 754 is in effect-- ``(i) the adjustment under section 743(b)(1) shall, with respect to the transferor partner, be treated as a sale of the partnership assets for purposes of applying this section, and ``(ii) with respect to the transferee partner, the partnership's holding period for purposes of this section in such assets shall be treated as beginning on the date of such adjustment. ``(2) S corporations.--In the case of an S corporation, the adjustment made under subsection (a) at the corporate level shall be passed through to the shareholders. ``(3) Common trust funds.--In the case of a common trust fund, the adjustment made under subsection (a) at the trust level shall be passed through to the participants. ``(g) Dispositions Between Related Persons.-- ``(1) In general.--This section shall not apply to any sale or other disposition of property between related persons except to the extent that the basis of such property in the hands of the transferee is a substituted basis. ``(2) Related persons defined.--For purposes of this section, the term `related persons' means-- ``(A) persons bearing a relationship set forth in section 267(b), and ``(B) persons treated as single employer under subsection (b) or (c) of section 414. ``(h) Transfers To Increase Indexing Adjustment.--If any person transfers cash, debt, or any other property to another person and the principal purpose of such transfer is to secure or increase an adjustment under subsection (a), the Secretary may disallow part or all of such adjustment or increase. ``(i) Special Rules.--For purposes of this section: ``(1) Treatment as separate asset.--In the case of any asset, the following shall be treated as a separate asset: ``(A) A substantial improvement to property. ``(B) In the case of stock of a corporation, a substantial contribution to capital. ``(C) Any other portion of an asset to the extent that separate treatment of such portion is appropriate to carry out the purposes of this section. ``(2) Assets which are not indexed assets throughout holding period.--The applicable inflation ratio shall be appropriately reduced for periods during which the asset was not an indexed asset. ``(3) Net lease property defined.--The term `net lease property' means leased property where-- ``(A) the term of the lease (taking into account options to renew) was 50 percent or more of the useful life of the property, and ``(B) for the period of the lease, the sum of the deductions with respect to such property which are allowable to the lessor solely by reason of section 162 (other than rents and reimbursed amounts with respect to such property) is 15 percent or less of the rental income produced by such property. ``(4) Treatment of certain distributions.--A distribution with respect to stock in a corporation which is not a dividend shall be treated as a disposition. ``(5) Section cannot increase ordinary loss.--To the extent that (but for this paragraph) this section would create or increase a net ordinary loss to which section 1231(a)(2) applies or an ordinary loss to which any other provision of this title applies, such provision shall not apply. The taxpayer shall be treated as having a long-term capital loss in an amount equal to the amount of the ordinary loss to which the preceding sentence applies. ``(6) Acquisition date where there has been prior application of subsection (a)(1) with respect to the taxpayer.--If there has been a prior application of subsection (a)(1) to an asset while such asset was held by the taxpayer, the date of acquisition of such asset by the taxpayer shall be treated as not earlier than the date of the most recent such prior application. ``(7) Collapsible corporations.--The application of section 341(a) (relating to collapsible corporations) shall be determined without regard to this section. ``(j) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.'' (b) Clerical Amendment.--The table of sections for part II of subchapter O of chapter 1 of such Code is amended by inserting after the item relating to section 1021 the following new item: ``Sec. 1022. Indexing of certain assets for purposes of determining gain or loss.'' (c) Adjustment To Apply for Purposes of Determining Earnings and Profits.--Subsection (f) of section 312 of such Code (relating to effect on earnings and profits of gain or loss and of receipt of tax- free distributions) is amended by adding at the end thereof the following new paragraph: ``(3) Effect on earnings and profits of indexed basis.-- For substitution of indexed basis for adjusted basis in the case of the disposition of certain assets, see section 1022(a)(1).'' (d) Effective Date.--The amendments made by this section shall apply to dispositions after December 31, 1994, in taxable years ending after such date.

Family Savings and Investors Protection Act of 1994 - Amends the Internal Revenue Code to require indexing, based on the gross national product deflator, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset of property used in a trade or business) 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.

{"src": "billsum_train", "title": "Family Savings and Investors Protection Act of 1994"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oceans and Human Health Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress makes the following findings: (1) The rich biodiversity of marine organisms provides society with an essential biomedical resource, a promising source of novel compounds with therapeutic potential, and a potentially important contribution to the national economy. (2) The diversity of ocean life and research on the health of marine organisms, including marine mammals and other sentinel species, helps scientists in their efforts to investigate and understand human physiology and biochemical processes, as well as providing a means for monitoring the health of marine ecosystems. (3) The oceans drive climate and weather factors causing severe weather events and shifts in temperature and rainfall patterns that affect the density and distribution of disease- causing organisms and the ability of public health systems to address them. (4) The oceans act as a route of exposure for human disease and illnesses through ingestion of contaminated seafood and direct contact with seawater containing toxins and disease- causing organisms. (5) During the past two decades, the incidence of harmful blooms of algae and hypoxia has increased in United States coastal waters, including the Great Lakes, and around the world, contaminating shellfish, causing widespread fish kills, threatening marine environmental quality and resulting in substantial economic losses to coastal communities. (6) Existing Federal programs and resources support research in a number of these areas, but gaps in funding, coordination, and outreach have impeded national progress in addressing ocean health issues. (7) National investment in a coordinated program of research and monitoring would improve understanding of marine ecosystems, allow prediction and prevention of marine public health problems and assist in realizing the potential of the oceans to contribute to the development of effective new treatments of human diseases and a greater understanding of human biology. (b) Purposes.--The purposes of this Act are to provide for-- (1) Presidential support and coordination of interagency ocean science programs; and (2) development and coordination of a comprehensive and integrated United States ocean, coastal, and Great Lakes research and monitoring program that will assist this Nation and the world to understand, use and respond to the role of the oceans in human health. SEC. 3. INTERAGENCY OCEANS AND HUMAN HEALTH RESEARCH PROGRAM. (a) Coordination.--The President, through the National Science and Technology Council, shall coordinate and support a national research program to improve understanding of the role of the oceans in human health. (b) Implementation Plan.--Within 1 year after the date of enactment of this Act, the National Science and Technology Council, through the Director of the Office of Science and Technology Policy shall develop and submit to the Congress a plan for coordinated Federal activities under the program. Nothing in this subsection is intended to duplicate or supersede the activities of the Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia established under section 603 of the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 (16 U.S.C. 1451 note). In developing the plan, the Committee will consult with the Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia. Such plan will build on and complement the ongoing activities of the National Oceanic and Atmospheric Administration, the National Science Foundation, and other departments and agencies and shall-- (1) establish, for the 10-year period beginning in the year it is submitted, the goals and priorities for Federal research which most effectively advance scientific understanding of the connections between the oceans and human health, provide usable information for the prediction of marine-related public health problems and use the biological potential of the oceans for development of new treatments of human diseases and a greater understanding of human biology; (2) describe specific activities required to achieve such goals and priorities, including the funding of competitive research grants, ocean and coastal observations, training and support for scientists, and participation in international research efforts; (3) identify and address, as appropriate, relevant programs and activities of the Federal agencies and departments that would contribute to the program; (4) consider and use, as appropriate, reports and studies conducted by Federal agencies and departments, the National Research Council, the Ocean Research Advisory Panel, the Commission on Ocean Policy and other expert scientific bodies; (5) make recommendations for the coordination of program activities with ocean and human health-related activities of other national and international organizations; and (6) estimate Federal funding for research activities to be conducted under the program. (c) Program Scope.--The program may include the following activities related to the role of oceans in human health: (1) Interdisciplinary research among the ocean and medical sciences, and coordinated research and activities to improve understanding of processes within the ocean that may affect human health and to explore the potential contribution of marine organisms to medicine and research, including-- (A) vector- and water-borne diseases of humans and marine organisms, including marine mammals and fish; (B) harmful algal blooms and hypoxia (through the Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia); (C) marine-derived pharmaceuticals; (D) marine organisms as models for biomedical research and as indicators of marine environmental health; (E) marine environmental microbiology; (F) bioaccumulative and endocrine-disrupting chemical contaminants; and (G) predictive models based on indicators of marine environmental health or public health threats. (2) Coordination with the National Ocean Research Leadership Council (10 U.S.C. 7902(a)) to ensure that any integrated ocean and coastal observing system provides information necessary to monitor and reduce marine public health problems including health-related data on biological populations and detection of contaminants in marine waters and seafood. (3) Development through partnerships among Federal agencies, States, or academic institutions of new technologies and approaches for detecting and reducing hazards to human health from ocean sources and to strengthen understanding of the value of marine biodiversity to biomedicine, including-- (A) genomics and proteomics to develop genetic and immunological detection approaches and predictive tools and to discover new biomedical resources; (B) biomaterials and bioengineering; (C) in situ and remote sensors used to detect, quantify, and predict the presence and spread of contaminants in marine waters and organisms and to identify new genetic resources for biomedical purposes; (D) techniques for supplying marine resources, including chemical synthesis, culturing and aquaculturing marine organisms, new fermentation methods and recombinant techniques; and (E) adaptation of equipment and technologies from human health fields. (4) Support for scholars, trainees and education opportunities that encourage an interdisciplinary and international approach to exploring the diversity of life in the oceans. (d) Annual Report.--Beginning with the first year occurring more than 24 months after the date of enactment of this Act, the National Science and Technology Council, through the Director of the Office of Science and Technology Policy shall prepare and submit to the President and the Congress not later than January 31st of each year an annual report on the activities conducted pursuant to this Act during the preceding fiscal year, including-- (1) a summary of the achievements of Federal oceans and human health research, including Federally supported external research, during the preceding fiscal year; (2) an analysis of the progress made toward achieving the goals and objectives of the plan developed under subsection (b), including identification of trends and emerging trends; (3) a copy or summary of the plan and any changes made in the plan; (4) a summary of agency budgets for oceans and human health activities for that preceding fiscal year; and (5) any recommendations regarding additional action or legislation that may be required to assist in achieving the purposes of this title. SEC. 4. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OCEANS AND HUMAN HEALTH INITIATIVE. (a) Establishment.--As part of the interagency program planned and coordinated under section 3, the Secretary of Commerce is authorized to establish an Oceans and Human Health Initiative to coordinate and implement research and activities of the National Oceanic and Atmospheric Administration related to the role of the oceans, the coasts, and the Great Lakes in human health. In carrying out this section, the Secretary shall consult with other Federal agencies conducting integrated oceans and human health research and research in related areas, including the National Science Foundation. The Oceans and Human Health Initiative is authorized to provide support for-- (1) centralized program and research coordination; (2) an advisory panel; (3) one or more National Oceanic and Atmospheric Administration national centers of excellence; (4) research grants; and (5) distinguished scholars and traineeships. (b) Advisory Panel.--The Secretary is authorized to establish an oceans and human health advisory panel to assist in the development and implementation of the Oceans and Human Health Initiative. Membership of the advisory group shall provide for balanced representation of individuals with multi-disciplinary expertise in the marine and biomedical sciences. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the oceans and human health advisory panel. (c) National Centers.--(1) The Secretary is authorized to identify and provide financial support through a competitive process to develop, within the National Oceanic and Atmospheric Administration, for one or more centers of excellence that strengthen the capabilities of the National Oceanic and Atmospheric Administration to carry out its programs and activities related to the oceans' role in human health. (2) The centers shall focus on areas related to agency missions, including use of marine organisms as indicators for marine environmental health, ocean pollutants, marine toxins and pathogens, harmful algal blooms, hypoxia, seafood testing, drug discovery, and biology and pathobiology of marine mammals, and on disciplines including marine genomics, marine environmental microbiology, ecological chemistry and conservation medicine. (3) In selecting centers for funding, the Secretary will give priority to proposals with strong interdisciplinary scientific merit that encourage educational opportunities and provide for effective partnerships among the Administration, other Federal entities, State, academic, medical, and industry participants. (d) Extramural Research Grants.--(1) The Secretary is authorized to provide grants of financial assistance to the scientific community for critical research and projects that explore the relationship between the oceans and human health and that complement or strengthen programs and activities of the National Oceanic and Atmospheric Administration related to the ocean's role in human health. Officers and employees of Federal agencies may collaborate with, and participate in, such research and projects to the extent requested by the grant recipient. The Secretary shall consult with the oceans and human health advisory panel established under subsection (b) and may work cooperatively with other agencies participating in the interagency program under section 3 to establish joint criteria for such research and projects. (2) Grants under this subsection shall be awarded through a competitive peer-reviewed, merit-based process that may be conducted jointly with other agencies participating in the interagency program established in section 3 or under the National Oceanographic Partnership Program under section 7901 of title 10, United States Code. (e) Distinguished Scholars and Traineeships.--(1) The Secretary is authorized to designate and provide financial assistance to support distinguished scholars from academic institutions, industry, State governments, or other Federal agencies for collaborative work with National Oceanic and Atmospheric Administration scientists and facilities. (2) The Secretary of Commerce is authorized to establish a program to provide traineeships, training, and experience to pre-doctoral and post-doctoral students and to scientists at the beginning of their careers who are interested in the oceans in human health research conducted under the NOAA initiative. SEC. 5. PUBLIC INFORMATION AND OUTREACH. (a) Establishment.--The Secretary of Commerce, in consultation with other appropriate Federal agencies shall design and implement a national information and outreach program on potential ocean-related human health risks, including health hazards associated with the human consumption of seafood. Under such program, the Secretary shall-- (1) collect information on the incidence and locations of ocean-related health hazards and illnesses; (2) disseminate such information to any appropriate Federal or State agency, involved industries, and other interested persons; and (3) assess and make recommendations for observing systems to support the program. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) NOAA Oceans and Human Health Initiative.--There are authorized to be appropriated to the Secretary of Commerce to carry out the National Oceanic and Atmospheric Administration Oceans and Human Health Initiative established under section 4, $12,000,000 for fiscal year 2005, $15,000,000 for fiscal year 2006, and $20,000,000 for each of fiscal years 2007 and 2008. Not less than 50 percent of the amounts appropriated to carry out the initiative for each fiscal year shall be utilized to support the programs described in subsections (d) and (e) of section 4. (b) Public Information.--There are authorized to be appropriated to the Secretary to carry out the public information and outreach program established under section 5, $3,000,000 for each of fiscal years 2005 through 2007. Passed the Senate March 24, 2004. Attest: EMILY J. REYNOLDS, Secretary.

Oceans and Human Health Act - (Sec. 2) Provides for coordination and support of Federal interagency ocean science programs, including research on and monitoring of the role of oceans in human health. (Sec. 3) Directs the President, through the National Science and Technology Council (NSTC), to coordinate and support a national interagency oceans in human health research program to improve understanding of the role of oceans in human health. Directs the NSTC to submit to Congress a plan for coordinated action under the national research program. Requires the NSTC to report annually to the President and Congress on program activities. (Sec. 4) Authorizes the Secretary of Commerce (Secretary), as part of the interagency program , to establish an Oceans and Human Health Initiative to coordinate and implement NOAA research and activities related to the role of the oceans, the coasts, and the Great Lakes in human health. Authorizes the Secretary to establish an advisory panel. Authorizes the Secretary to provide financial assistance to: (1) one or more national centers of excellence to strengthen NOAA's oceans and human health programs and activities; and (2) support distinguished scholars from academic institutions, industry, State governments, or other Federal agencies for collaborative work with NOAA scientists and facilities. Authorizes the Secretary to: (1) provide grants for critical research and projects on oceans and human health; and (2) establish an oceans in human health traineeship program for scientists at the beginning of their careers. (Sec. 5) Directs the Secretary to design and implement a national information and outreach program on potential ocean-related human health risks, including those associated with seafood. (Sec. 6) Authorizes appropriations to the Secretary for: (1) FY 2005 through 2008, for the NOAA Oceans and Human Health Initiative; and (2) FY 2005 through 2007, for the public information and outreach program on potential ocean-related human health risks.

{"src": "billsum_train", "title": "A bill to provide for Presidential support and coordination of interagency ocean science programs and development and coordination of a comprehensive and integrated United States research and monitoring program."}

SECTION 1. SKI AREA PERMIT RENTAL CHARGE. (a) The Secretary of Agriculture shall charge a rental charge for all ski area permits issued pursuant to section 3 of the National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b), the Act of March 4, 1915 (38 Stat. 1101, chapter 144; 16 U.S.C. 497), or the 9th through 20th paragraphs under the heading ``SURVEYING THE PUBLIC LANDS'' under the heading ``UNDER THE DEPARTMENT OF THE INTERIOR'' in the Act of June 4, 1897 (30 Stat. 34, chapter 2), on National Forest System lands. Permit rental charges for permits issued pursuant to the National Forest Ski Area Permit Act of 1986 shall be calculated as set forth in subsection (b). Permit rental charges for existing ski area permits issued pursuant to the Act of March 4, 1915, and the Act of June 4, 1897, shall be calculated in accordance with those existing permits: Provided, That a permittee may, at the permittee's option, use the calculation method set forth in subsection (b). (b)(1) The ski area permit rental charge (SAPRC) shall be calculated by adding the permittee's gross revenues from lift ticket/ year-round ski area use pass sales plus revenue from ski school operations (LT+SS) and multiplying such total by the slope transport feet percentage (STFP) on National Forest System land. That amount shall be increased by the gross year-round revenue from ancillary facilities (GRAF) physically located on national forest land, including all permittee or subpermittee lodging, food service, rental shops, parking and other ancillary operations, to determine the adjusted gross revenue (AGR) subject to the permit rental charge. The final rental charge shall be calculated by multiplying the AGR by the following percentages for each revenue bracket and adding the total for each revenue bracket: (A) 1.5 percent of all adjusted gross revenue below $3,000,000; (B) 2.5 percent for adjusted gross revenue between $3,000,000 and $15,000,000; (C) 2.75 percent for adjusted gross revenue between $15,000,000 and $50,000,000; and (D) 4.0 percent for the amount of adjusted gross revenue that exceeds $50,000,000. Utilizing the abbreviations indicated in this subsection the ski area permit fee (SAPF) formula can be simply illustrated as: SAPF=((LT+SS)<greek-e>STFP)+GRAF=AGR; AGR<greek-e>% BRACKETS (2) In cases where ski areas are only partially located on national forest lands, the slope transport feet percentage on national forest land referred to in subsection (b) shall be calculated as generally described in the Forest Service Manual in effect as of January 1, 1992. Revenues from Nordic ski operations shall be included or excluded from the rental charge calculation according to the percentage of trails physically located on national forest land. (3) In order to ensure that the rental charge remains fair and equitable to both the United States and ski area permittees, the adjusted gross revenue figures for each revenue bracket in paragraph (1) shall be adjusted annually by the percent increase or decrease in the national Consumer Price Index for the preceding calendar year. No later than 3 years after the date of enactment of this Act and periodically thereafter the Secretary shall submit to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Resources of the United States House of Representatives a report analyzing whether the ski area permit rental charge legislated by this Act is returning a fair market value rental to the United States together with any recommendations the Secretary may have for modifications of the system. (c) The rental charge set forth in subsection (b) shall be due on June 1 of each year and shall be paid or pre-paid by the permittee on a monthly, quarterly, annual or other schedule as determined appropriate by the Secretary in consultation with the permittee. Unless mutually agreed otherwise by the Secretary and the permittee, the payment or prepayment schedule shall conform to the permittee's schedule in effect prior to enactment of this Act. To reduce costs to the permittee and the Forest Service, the Secretary shall each year provide the permittee with a standardized form and worksheets (including annual rental charge calculation brackets and rates) to be used for rental charge calculation and submitted with the rental charge payment. Information provided on such forms shall be compiled by the Secretary annually and kept in the Office of the Chief, United States Forest Service. (d) The ski area permit rental charge set forth in this section shall become effective on June 1, 1996 and cover receipts retroactive to June 1, 1995: Provided, however, That if a permittee has paid rental charges for the period June 1, 1995, to June 1, 1996, under the graduated rate rental charge system formula in effect prior to the date of enactment of this Act, such rental charges shall be credited toward the new rental charge due on June 1, 1996. In order to ensure increasing rental charge receipt levels to the United States during transition from the graduated rate rental charge system formula of this Act, the rental charge paid by any individual permittee shall be-- (1) for the 1995-1996 permit year, either the rental charge paid for the preceding 1994-1995 base year or the rental charge calculated pursuant to this Act, whichever is higher; (2) for the 1996-1997 permit year, either the rental charge paid for the 1994-1995 base year or the rental charge calculated pursuant to this Act, whichever is higher; (3) for the 1997-1998 permit year, either the rental charge for the 1994-1995 base year or the rental charge calculated pursuant to this Act, whichever is higher. If an individual permittee's adjusted gross revenue for the 1995-1996, 1996-1997, or 1997-1998 permit years falls more than 10 percent below the 1994-1995 base year, the rental charge paid shall be the rental charge calculated pursuant to this Act. (e) Under no circumstances shall revenue, or subpermittee revenue (other than lift ticket, area use pass, or ski school sales) obtained from operations physically located on non-national forest land be included in the ski area permit rental charge calculation. (f) To reduce administrative costs of ski area permittees and the Forest Service the terms ``revenue'' and ``sales'', as used in this section, shall mean actual income from sales and shall not include sales of operating equipment, refunds, rent paid to the permittee by sublessees, sponsor contributions to special events or any amounts attributable to employee gratuities or employee lift tickets, discounts, or other goods or services (except for bartered goods and complimentary life tickets) for which the permittee does not receive money. (g) In cases where an area of national forest land is under a ski area permit but the permittee does not have revenue or sales qualifying for rental charge payment pursuant to subsection (a), the permittee shall pay an annual minimum rental charge of $2 for each national forest acre under permit or a percentage of appraised land value, as determined appropriate by the Secretary. (h) Where the new rental charge provided for in subsection (b)(1) results in an increase in permit rental charge greater than one half of one percent of the permittee's adjusted gross revenue as determined under subsection (b)(1), the new rental charge shall be phased in over a five year period in a manner providing for increases for approximately equal increments. (i) To reduce federal costs in administering the provisions of this Act, the reissuance of a ski area permit to provide activities similar in nature and amount to the activities provided under the previous permit shall not constitute a major Federal action for the purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.). SEC. 2. WITHDRAWALS. Subject to valid existing rights, all lands located within the boundaries of ski area permits issued prior to, on or after the date of enactment of this Act pursuant to authority of the Act of March 4, 1915 (38 Stat. 1101, chapter 144; 16 U.S.C. 497), and the Act of June 4, 1897, or the National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b) are hereby and henceforth automatically withdrawn from all forms of appropriation under the mining laws and from disposition under all laws pertaining to mineral and geothermal leasing and all amendments thereto. Such withdrawal shall continue for the full term of the permit and any modification, reissuance, or renewal thereof. Unless the Secretary requests otherwise of the Secretary of the Interior, such withdrawal shall be canceled automatically upon expiration or other termination of the permit and the land automatically restored to all appropriation not otherwise restricted under the public land laws. Passed the House of Representatives April 30, 1996. Attest: ROBIN H. CARLE, Clerk.

Directs the Secretary of Agriculture to charge a rental fee for all ski area permits on National Forest System lands. Establishes a rental charge formula for permits issued pursuant to the National Forest Ski Area Permit Act of 1986. Grants permittees under the Act of March 4, 1915, and the Act of June 4, 1897, the option of using such formula or the calculations pursuant to such Acts. Requires periodic reports regarding such permit formula's return of fair market value rentals to the United States. Withdraws ski areas from the operation of mining and mineral and geothermal leasing laws.

{"src": "billsum_train", "title": "To amend the National Forest Ski Area Permit Act of 1986 to clarify the authorities and duties of the Secretary of Agriculture in issuing ski area permits on National Forest System lands and to withdraw lands within ski area permit boundaries from the operation of the mining and mineral leasing laws."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mesquite Lands Act of 2007''. SEC. 2. CONVEYANCE OF LAND TO CITY OF MESQUITE, NEVADA. (a) Additional Purchase Authority.--Section 3 of Public Law 99-548, as amended by Public Law 104-208 (110 Stat. 3009-202) and Public Law 106-113 (113 Stat. 1501A-166), is further amended by adding at the end the following new subsection: ``(g) Seventh Area.-- ``(1) Right to purchase.--For a period of 12 years beginning on the date of the enactment of the Mesquite Lands Act of 2007, the city of Mesquite, Nevada, shall have the exclusive right to purchase the parcels of public land identified on the map prepared by the Bureau of Land Management, entitled `Conveyance of Lands to the City of Mesquite, Nevada', and dated September 14, 2007. The map shall be on file and available for public inspection in appropriate offices of the Bureau of Land Management. ``(2) Notification.--Not later than 10 years after the date of enactment of the Mesquite Lands Act of 2007, the city shall notify the Secretary of the Interior which of the parcels identified on the map referred to in paragraph (1) the city intends to purchase. ``(3) Conveyance.--Not later than 1 year after receiving notification from the city under paragraph (2), the Secretary shall convey to the city the land selected for purchase. ``(4) Withdrawal.--Subject to valid existing rights, during the period specified in paragraph (1), the parcels of public land described in paragraph (2) are withdrawn from all forms of public entry and appropriation under the public land laws, including the mining laws, and from operation of the mineral leasing and geothermal leasing laws. ``(5) Use of proceeds.--Amounts received from the sale of public land under this subsection shall be available for use by the Secretary in the State of Nevada, without further appropriation and until expended, for the implementation of the Virgin River Multispecies Habitat Conservation Plan, including any associated groundwater monitoring plans, developed pursuant to section 4(e)(3)(A)(iii) of the Southern Nevada Public Land Management Act of 1998 (Public Law 105-263; 112 Stat. 2346).''. (b) Extension of Purchase Authority and Withdrawals, Fifth and Sixth Areas.--Subsections (e) and (f) of section 3 of Public Law 99- 548, as added by section 133 of appendix C of Public Law 106-113 (113 Stat. 1501A-166), are amended-- (1) in subsection (e)-- (A) in paragraph (1)(A), by striking ``For a period of 12 years after the date of the enactment of this Act,'' and inserting ``Until November 29, 2015,''; (B) in paragraph (3), by striking ``Not later than 10 years after the date of the enactment of this subsection,'' and inserting ``Not later than November 29, 2014,''; and (C) in paragraph (5), by striking ``the date that is 12 years after the date of the enactment of this subsection,'' and inserting ``the date specified in paragraph (1)(A),''; and (2) in subsection (f)(3), by striking ``until the date that is 12 years after the date of the enactment of this subsection,'' and inserting ``until November 29, 2015,''. (c) Clarification of Implementation Authority for Multispecies Habitat Conservation Plan.--Paragraph (6)(B)(ii) of subsection (e) of section 3 of Public Law 99-548, as added by section 133 of appendix C of Public Law 106-113 (113 Stat. 1501A-166), is amended by inserting before the period at the end the following: ``, including implementation of the Virgin River Multispecies Habitat Conservation Plan, including any associated groundwater monitoring plans, developed pursuant to subparagraph (A)(iii) of such section''. SEC. 3. LAND CONVEYANCE, VIRGIN VALLEY WATER DISTRICT, CLARK COUNTY, NEVADA. (a) Conveyance.--Notwithstanding the Federal Land Policy Management Act of 1976 (43 U.S.C. 1701 et seq.), the Secretary of the Interior shall convey to the Virgin Valley Water District, without consideration, all right, title and interest of the United States in and to approximately 300 acres of public land in Clark County, Nevada, identified on the map prepared by the Bureau of Land Management, entitled ``Conveyance of Lands to the Virgin Valley Water District'', and dated _____, 2007. The map shall be on file and available for public inspection in appropriate offices of the Bureau of Land Management. (b) Existing Rights.--The conveyance under subsection (a) shall be subject to valid existing rights. (c) Costs.--The District shall pay to the United States an amount equal to the costs of the Secretary associated with the conveyance under subsection (a). (d) Subsequent Sale.--If the District sells any portion of the land conveyed to the District under subsection (a)-- (1) the amount of consideration for the sale shall reflect fair market value, as determined by an appraisal; and (2) the District shall pay to the Secretary an amount equal to the net proceeds of the sale. (e) Use of Proceeds.--Amounts received by the Secretary under subsection (d)(2) shall be available for use by the Secretary in the State of Nevada, without further appropriation and until expended.

Mesquite Lands Act of 2007 - Grants the city of Mesquite, Nevada, the exclusive right to purchase certain parcels of public land in Clark County, Nevada. Extends withdrawal and purchase authority with respect to the fifth and sixth areas. Requires proceeds from certain sales to be used for the implementation of the Virgin River Multispecies Habitat Conservation Plan, including any associated groundwater monitoring plans. Directs the Secretary to convey certain public land in Clark County to the Virgin Valley Water District.

{"src": "billsum_train", "title": "To authorize the conveyance of certain parcels of public land in Clark County, Nevada, to the City of Mesquite, Nevada, and the Virgin Valley Water District, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Careers Act''. SEC. 2. FINDINGS. Congress finds the following: (1) A career guidance and counseling program develops an individual's competencies in self-knowledge, educational and occupational exploration, and career planning. (2) Career guidance and counseling programs help individuals acquire the knowledge, skills, and experience necessary to identify options, explore alternatives, and succeed in a 21st century society. (3) The American School Counselor Association recommends a student-to-counselor ratio of two-hundred fifty to one. Forty- seven States do not meet this recommendation. (4) School counselors design and implement comprehensive school counseling programs that include educational and career planning activities for all students that are designed to assist students in reaching academic, career, and personal goals. (5) Students at schools with highly integrated, rigorous, academic and career and technical education programs have significantly higher achievement in reading, mathematics, and science than do students at schools with less integrated programs. SEC. 3. CAREER COUNSELING PROGRAM. (a) Program Authorized.--Part B of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6621 et seq.) is amended by adding at the end the following: ``Subpart 5--Career Counseling Program ``SEC. 2251. DEFINITIONS. ``In this subpart: ``(1) Career counselor.--The term `career counselor' means a school counselor licensed or certified by a State. ``(2) Comprehensive career counseling program.--The term `comprehensive career counseling program' means a program that-- ``(A) provides access for students (and parents, as appropriate) to information regarding career awareness and planning with respect to an individual's occupational and academic future; ``(B) provides information with respect to career options, financial aid, and postsecondary options, including baccalaureate degree programs, registered apprenticeship programs, and professional trades; and ``(C) is implemented in a school by a career counselor. ``(3) Educational development plan.--The term `educational development plan' means an individualized plan for a student that-- ``(A) contains a series of steps to help the student promote career awareness and exploration; and ``(B) assists students in identifying-- ``(i) career and technical programs of study described in section 122(c)(1)(A) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2342(c)(1)(A)); ``(ii) career pathways (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)); and ``(iii) programs of training services leading to a recognized postsecondary credential included on a State's list under section 122(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d)). ``(4) Registered apprenticeship program.--The term `registered apprenticeship program' means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the `National Apprenticeship Act'; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). ``SEC. 2252. CAREER COUNSELING PROGRAM. ``(a) Program Authorized.--From amounts made available to carry out this subpart, the Secretary shall award grants, on a competitive basis, to State educational agencies, to pay the Federal share of a program enabling the State educational agencies to address the shortage of career counselors and to expand effective career counseling programs by awarding subgrants under section 2253. ``(b) Application.--A State that desires a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including a description of-- ``(1) how the State will award subgrants with an emphasis toward supporting local educational agencies with disproportionally high student-to-counselor ratios; ``(2) a professional development program approved by the State for all career counselors in the State, which may include opportunities for externships, fellowships, and other activities to ensure that career counselors are able to provide current and relevant workforce information; ``(3) how the State will provide technical assistance to local educational agencies to enable the local educational agencies to qualify for subgrants; ``(4) the State-wide strategies to be implemented by the State to increase the number of high-quality career counselors; ``(5) how the State will disseminate, in a timely manner, information regarding-- ``(A) national, regional, and local labor market trends; and ``(B) other career-relevant data; and ``(6) how the State will assist local educational agencies in the State in developing a comprehensive career counseling program. ``(c) Special Consideration.--In awarding grants under this program, the Secretary shall give special consideration to State educational agencies that have high student-to-counselor ratios. ``(d) Federal Share; Non-Federal Share.-- ``(1) Federal share.--The Federal share of a grant under this subpart shall be 80 percent of the costs of the activities under the grant. ``(2) Non-federal share.--The non-Federal share of a grant under this subpart shall be 20 percent, and may be provided in cash or in-kind. ``(e) Use of Funds.--Each State receiving a grant under this subpart-- ``(1) may use not more than 10 percent of the total amounts available for the grant to support the grant by carrying out the activities described in paragraphs (2) through (6) of subsection (b), as proposed by the State and approved by the Secretary in the application submitted under subsection (b); ``(2) may use not more than 3 percent of such total amounts for the administrative costs associated with the grant; and ``(3) shall use not less than 87 percent of such total amounts to carry out the subgrant program described in section 2253. ``SEC. 2253. CAREER COUNSELING SUBGRANTS. ``(a) Subgrants Authorized.--From amounts made available under section 2252(e)(3), each State receiving a grant under this subpart shall award subgrants, on a competitive basis, to local educational agencies to enable the local educational agencies to improve career counseling programs. ``(b) Application.--A local educational agency desiring a subgrant under this subpart shall submit to the State an application at such time, in such manner, and containing such information as the State may require, including the following: ``(1) A description of a comprehensive career counseling program to be offered in the local educational agency that-- ``(A) encompasses grades 6 through 12; ``(B) includes strategies to ensure that-- ``(i) all students served by the local educational agency start developing an educational development plan beginning in grade 7; and ``(ii) the educational development plan of each student is regularly reviewed and updated until the date that the student graduates from secondary school or is no longer enrolled in a school served by the local educational agency; and ``(C) is developed in consultation with not less than two of the following types of stakeholders: ``(i) Institutions of higher education or postsecondary vocational institutions (as defined in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c))). ``(ii) Sponsors of registered apprenticeship programs. ``(iii) Local boards (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)). ``(iv) Nonprofit organizations with expertise in career counseling. ``(v) Tribal organizations. ``(vi) Labor organizations. ``(vii) Trade associations. ``(2) In the case of a local educational agency whose student-to-counselor ratio is higher than the national average ratio (as determined by the American School Counselor Association, or a similar organization designated by the Secretary), a description of the activities that will be offered under the program described in paragraph (1) to reduce the local educational agency's ratio. ``(3) A description of activities to be offered under the comprehensive career counseling program to promote student engagement with registered apprenticeship programs, internships, and other work-based learning experiences. ``(4) A description of the strategies to be employed by the local educational agency-- ``(A) to ensure the effective dissemination of career and labor market information to parents and students; and ``(B) to ensure students are aware of in-school career development activities, including career and technical education programs and career and technical student organizations. ``(5) A description of how the local educational agency will ensure that parents of students are routinely engaged in the development of the educational development plans for their students. ``(6) A description of the strategies to be employed by the local educational agency-- ``(A) for ensuring that the comprehensive career counseling program described in paragraph (1) is incorporated in the school curriculum; and ``(B) for bolstering career readiness among out-of- school youth, economically disadvantaged students, students who are children with disabilities, and other at-risk populations. ``(c) Use of Subgrant Funds.--A local educational agency receiving a subgrant under this section-- ``(1) shall use subgrant funds to-- ``(A) develop and implement the comprehensive career counseling program proposed by the local educational agency in the application submitted under subsection (b)(1); and ``(B) develop and carry out other activities and strategies proposed in the application under subsection (b); and ``(2) may use subgrant funds to-- ``(A) purchase software or online platforms to directly support the comprehensive career counseling program of the local educational agency; and ``(B) train school personnel to effectively provide students with current and relevant workforce information. ``SEC. 2254. REPORTS. ``Each State educational agency receiving a grant under this subpart shall submit an annual report to the Secretary regarding the progress of the grant. ``SEC. 2255. SUPPLEMENT NOT SUPPLANT. ``Amounts made available under this subpart shall supplement, and not supplant, other amounts available to carry out the activities supported under this subpart. ``SEC. 2256. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this subpart $15,000,000 for fiscal year 2019 and each of the 4 succeeding fiscal years.''. (b) Conforming Amendment.--Section 2003(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6603(b)) is amended by inserting ``(except for subpart 5)'' after ``part B''.

Careers Act This bill amends the Elementary and Secondary Education Act of 1965 to require the Department of Education to award competitive grants to state educational agencies for: (1) activities to address the shortage of career counselors in public schools and, (2) subgrants to local educational agencies for the expansion of effective career-counseling programs.

{"src": "billsum_train", "title": "Careers Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Cookstoves Support Act of 2012''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Nearly half the world's population cooks their food over open fires or inefficient, polluting, and unsafe cookstoves using firewood, dung, or coal. Smoke from the use of these traditional cookstoves and open fires is associated with a number of chronic and acute diseases, including respiratory illnesses such as pneumonia, heart disease, and cancer, with women and young children affected disproportionately. (2) It is estimated that smoke from cooking fuels accounts for nearly 2,000,000 deaths annually in the developing world, which is more than the deaths from malaria, tuberculosis, or HIV. Millions more are sickened from the toxic smoke and thousands suffer burns annually from open fires or unsafe cookstoves. (3) The amount of biomass cooking fuel required each year can reach up to 2 tons per family. Where demand for local biomass outstrips the natural regrowth of resources, local environmental problems can result. (4) Tremendous amounts of time--a burden shouldered disproportionately by women and children--is spent collecting and managing biomass cooking fuel resources. (5) As nearby fuel supplies dwindle, women are forced to go farther to find fuel to cook their families' meals. In some regions, women and girls risk rape and other forms of gender- based violence during the up to 20 hours per week they spend away from their communities gathering firewood. (6) Recent studies show that black carbon created from biomass cookstoves significantly contributes to regional air pollution and climate change. Black carbon emissions from residential cookstoves in developing countries account for an estimated 21 percent of total global inventory, and mitigation in this sector represents a large potential public health benefit. (7) The Global Alliance for Clean Cookstoves is an innovative public-private partnership led by the United Nations Foundation that was created to enable the adoption of clean and efficient stoves in 100,000,000 homes by 2020. The Alliance intends to work with public, private, and non-profit partners to raise $250,000,000 towards overcoming market barriers that currently impede the production, deployment, and use of clean cookstoves in the developing world. (8) The United States Government has committed a total of up to $105,000,000 over the first five years of the Alliance to help it achieve its goal of spurring the adoption of clean cookstoves in 100,000,000 households by 2020, as follows: (A) The Department of State and the United States Agency for International Development will commit $11,570,000 to promote the adoption of clean cookstoves, encourage foreign government support, and further economic opportunities for women. (B) The Department of Energy will commit $12,500,000 for applied research to advance clean cookstove technologies and designs. (C) The Department of Health and Human Services will commit $24,700,000 through the National Institutes of Health and $2,180,000 through the Centers for Disease Control and Prevention for health research and implementation evaluation. (D) The Environmental Protection Agency will commit $6,000,000 to enhance stove testing and evaluation, cookstove design innovation, and the assessment of health benefits. (E) The Overseas Private Investment Corporation will commit up to $50,000,000 for debt financing or insurance for projects that provide access to clean, consistent, and affordable energy through the promotion of clean cookstoves. SEC. 3. ADVANCEMENT OF GLOBAL ALLIANCE FOR CLEAN COOKSTOVES GOALS. The Secretary of State, in consultation with the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of Health and Human Services, the Administrator of the United States Agency for International Development, and the heads of other relevant Federal agencies, and in coordination with relevant international nongovernmental organizations and private and governmental entities, shall work to advance the goals and work of the Global Alliance for Clean Cookstoves, including through-- (1) applied research and development to improve design, lower costs, promote technology adoption, conduct health research and evaluation, and develop global industry standards and testing protocols for cookstoves; (2) diplomatic engagement to encourage a commercial market for clean stoves and fuels, reduce trade barriers, promote consumer awareness, improve access to large-scale carbon financing, and foster women-owned businesses along the entire business chain; (3) international development projects to help build commercial businesses to manufacture, market, distribute, sell, and service clean stoves and fuels; (4) development efforts related to refugee camps, disaster relief, and long-term programs aimed at assisting women and girls; and (5) financing or insurance to support projects that provide access to clean, affordable energy and energy savings through the manufacture, sale, and purchase of cookstoves. SEC. 4. AUTHORIZATIONS OF APPROPRIATIONS. (a) Department of State and United States Agency for International Development.--There is authorized to be appropriated out of funds available to the Department of State and the United States Agency for International Development not less than $11,570,000 for fiscal years 2013 through 2017 to work with the Global Alliance for Clean Cookstoves and foreign governments-- (1) to address the harmful effects of smoke exposure from traditional cookstoves; (2) to support applied and operational research into how people use improved stove technology, and how indoor air quality and sanitation interventions can improve household environments and promote economic opportunities for women; and (3) to carry out other activities under this Act. (b) Department of Energy.--There is authorized to be appropriated to the Secretary of Energy out of available funds not less than $12,500,000 for fiscal years 2013 through 2017 to work with the Global Alliance for Clean Cookstoves to conduct research aimed at addressing the technical barriers to the development of low-emission, high- efficiency cookstoves through activities in areas such as combustion, heat transfer, and materials development, and to carry out other activities under this Act. (c) National Institutes of Health.--There is authorized to be appropriated to the Secretary of Health and Human Services out of available funds not less than $24,700,000 for fiscal years 2013 through 2017 for the National Institutes of Health to work with the Global Alliance for Clean Cookstoves-- (1) to support ongoing research and research training projects, including-- (A) studies on the cookstove-related effects of cookstoves smoke on pulmonary, cancer, and cardiac diseases; (B) studies on the relationship between indoor air pollution and low-birth weight; and (C) studies on the most effective ways to introduce and educate users on safety and the proper use of cookstoves; (2) to support efforts to develop improved measuring devices, expand epidemiologic studies, and conduct clinical trials; (3) to support training programs designed to help prepare scientists in low- and middle-income countries to engage in related research and evaluation activities; and (4) to carry out other activities under this Act. (d) Centers for Disease Control and Prevention.--There is authorized to be appropriated to the Secretary of Health and Human Services out of available funds not less than $2,180,000 for fiscal years 2013 through 2017 for the Centers for Disease Control and Prevention to work with the Global Alliance for Clean Cookstoves-- (1) to demonstrate the health benefits of implementing clean cookstove programs; (2) to promote a better understanding of the relationship between human exposures and health outcomes; (3) to integrate clean cookstoves and fuels implementation with other public health programs; (4) to evaluate cookstove program implementation; and (5) to carry out other activities under this Act. (e) Environmental Protection Agency.--There is authorized to be appropriated to the Administrator of the Environmental Protection Agency out of available funds not less than $6,000,000 for fiscal years 2013 through 2017 to work with the Global Alliance for Clean Cookstoves-- (1) to conduct stove testing and evaluation in both the lab and the field; (2) to promote cookstove design innovations, possibly including a design competition and prize; (3) to perform assessments focused on health and exposure benefits of clean cookstoves and fuels; (4) to use the expertise, lessons learned, and network developed in launching and leading the Partnership for Clean Indoor Air to help the Alliance meet its 2020 goal; and (5) to carry out other activities under this Act.

Clean Cookstoves Support Act of 2012 - Requires the Secretary of State to work to advance the goals and work of the Global Alliance for Clean Cookstoves, including through: (1) applied research and development to improve design, lower costs, promote technology adoption, conduct health research and evaluation, and develop global industry standards and testing protocols for cookstoves; (2) diplomatic engagement to encourage a commercial market for clean stoves and fuels, reduce trade barriers, promote consumer awareness, improve access to large-scale carbon financing, and foster women-owned businesses; (3) international development projects to help build commercial businesses to manufacture, market, distribute, sell, and service clean stoves and fuels; (4) development efforts related to refugee camps, disaster relief, and long-term programs aimed at assisting women and girls; and (5) financing or insurance to support projects that provide access to clean, affordable energy and energy savings through the manufacture, sale, and purchase of cookstoves. Authorizes appropriations for FY2013-FY2017 to the Department of State, the United States Agency for International Development (USAID), the Department of Energy (DOE), the National Institutes of Health (NIH), the Centers for Disease Control and Prevention (CDC), and the Environmental Protection Agency (EPA) for work with the Global Alliance.

{"src": "billsum_train", "title": "A bill to promote the use of clean cookstoves and fuels to save lives, improve livelihoods, empower women, and combat harmful pollution by creating a thriving global market for clean and efficient household cooking solutions."}

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Reducing Immigration to a Genuinely Healthy Total (RIGHT) Act of 2005''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents; definitions. TITLE I--LEGAL IMMIGRATION REFORM Sec. 101. Worldwide levels of immigration. Sec. 102. Allotment of visas. Sec. 103. Humanitarian immigration. Sec. 104. Sunsetting adjustments under various provisions. Sec. 105. Requirement for Congressional approval for extension of designation of foreign states for purposes of temporary protected status. Sec. 106. Establishment of new nonimmigrant classifications; conversion of certain existing immigrant classification petitions. TITLE II--MISCELLANEOUS PROVISIONS Sec. 201. Limitation on automatic birthright citizenship. Sec. 202. Requirement for immigrants to provide affidavit of allegiance to the United States. Sec. 203. Requirement of affidavit of support for employment-based immigrants. Sec. 204. Making voting in foreign election a basis for automatic loss of citizenship. Sec. 205. Treating illegal presence in the United States as not demonstrating good moral character. (c) Definitions.--For purposes of this Act, the definitions contained in subsections (a) and (b) of section 101 of the Immigration and Nationality Act (8 U.S.C. 1101) shall apply. TITLE I--LEGAL IMMIGRATION REFORM SEC. 101. WORLDWIDE LEVELS OF IMMIGRATION. Beginning with fiscal year 2006, notwithstanding section 201 of the Immigration and Nationality Act (8 U.S.C. 1151)-- (1) the worldwide level of family-sponsored immigrants under subsection (c) of such section in any fiscal year shall be zero; (2) the worldwide level of employment-based immigrants under subsection (d) of such section in any fiscal year shall be 5,200; and (3) the worldwide level of diversity immigrants under subsection (e) of such section in any fiscal year shall be zero. SEC. 102. ALLOTMENT OF VISAS. (a) In General.--Beginning with fiscal year 2006, notwithstanding section 203 of the Immigration and Nationality Act (8 U.S.C. 1153)-- (1) the number of visas that shall be allotted to family- sponsored immigrants under subsection (a) of such section in any fiscal year shall be zero; (2) the number of visas that shall be allotted to priority workers under subsection (b)(1) of such section (and to spouses and children of such workers under subsection (d) of such section) in any fiscal year shall not exceed 5,000, the number of visas that shall be allotted in any fiscal year to priority workers under subsection (b)(5) of such section (and to spouses and children of such workers under subsection (d) of such section) in any fiscal year shall not exceed 200, and the number of visas that shall be allotted to other aliens subject to the worldwide level for employment-based immigrants in any fiscal year shall be zero; (3) the number of visas that shall be allotted to special immigrants under subsection (b)(4) of such section (and to spouses and children of such workers under subsection (d) of such section) in any fiscal year shall not exceed 1,000; and (4) the number of visas that shall be allotted to diversity immigrants under subsection (c) of such section in any fiscal year shall be zero. Nothing in this title shall be construed as imposing any numerical limitation on special immigrants described in subparagraph (A) or (B) of section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) who may be provided immigrant visas (or who otherwise may acquire the status of an alien lawfully admitted for permanent residence). (b) Limitation on Sponsorship by Certain Aliens.--Notwithstanding any other provision of law, effective October 1, 2006, no visa may be allotted to any immigrant on the basis of a petition by an individual who has filed an application under section 210 or section 245A of the Immigration and Nationality Act (8 U.S.C. 1160, 1255a). (c) Elimination of Preference Categories.--Effective October 1, 2006, no classification petition may be filed or approved, and no alien may be issued an immigration visa number, for the following preference categories: (1) Family preference.--Preference under section 203(a). (2) Employment-based preference.--Preference under section 203(b), other than as an alien described in subparagraph (A) or (B) of section 203(b)(1) or under section 203(b)(5), or under section 203(d) as the spouse or minor child of either such an alien. (3) Diversity.--Preference under section 203(c). (d) Limitation on Granting Immigrant Status.--Effective October 1, 2006, the Secretary of Homeland Security may not accept or approve any petition for classification under section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) except for classification by reason of a family relationship described in section 201(b)(2) of such Act (8 U.S.C. 1151(b)(2)) or priority worker or investor status under paragraph (1)(A), (1)(B), or (5) of subsection (b) of section 203 of such Act (8 U.S.C. 1153), or as a spouse or child of such a worker or investor under subsection (d) of such section, or as an alien described in section 201(b)(1)(B) or 201(b)(1)(C) of such Act. SEC. 103. HUMANITARIAN IMMIGRATION. (a) Annual Limitation of 50,000.--Notwithstanding any other provision of law, subject to subsection (b), beginning with fiscal year 2006 the sum of the following shall not exceed 50,000: (1) The number of refugees who are admitted under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) in a fiscal year. (2) The number of admissions made available in such fiscal year to adjust to the status of permanent residence the status of aliens granted asylum under section 209(b) of such Act (8 U.S.C. 1159(b)). (3) The number of aliens whose status is adjusted in such fiscal year under section 646 of the Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208), relating to Polish and Hungarian parolees. (4) The number of aliens whose status is adjusted in such fiscal year under section 599E of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (relating to Soviet and Indochinese parolees). (5) The number of other aliens whose removal is cancelled (and whose status is adjusted) in such fiscal year under section 240A of such Act (8 U.S.C. 1229b). (6) The number of aliens who are provided lawful permanent resident status in such fiscal year on the basis of a private bill passed by Congress. (b) Exception.--In applying subsection (a), aliens who are spouses or children of citizens of the United States, or who are admitted under the limitations described in section 102, shall not be counted. SEC. 104. SUNSETTING ADJUSTMENTS UNDER VARIOUS PROVISIONS. (a) Sunset for IRCA-Related and Certain Other Amnesties.--An alien may not be issued an immigrant visa or otherwise acquire the status of an alien lawfully admitted for permanent residence under any of the following provisions, unless the alien has filed an application for such visa or status on or before the date of the enactment of this Act: (1) Section 245A of the Immigration and Nationality Act (8 U.S.C. 1255a), commonly known as the IRCA legalization program. (2) Section 210 of such Act (8 U.S.C. 1160), commonly known as the agricultural worker amnesty program. (3) Section 249 of such Act (8 U.S.C. 1259), commonly known as registry. (4) Section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988, relating to Amerasian immigration. (b) Sunset for HRIFA and NACARA Amnesties.--An alien may not be issued an immigrant visa and may not otherwise acquire the status of an alien lawfully admitted for permanent residence under any of the following provisions, unless the alien has filed an application for such visa or status on or before the date of the enactment of this Act: (1) Section 202 of the Nicaraguan Adjustment and Central American Relief Act of 1997 (title II of Public Law 105-100). (2) The Haitian Refugee and Immigration Fairness Act of 1998 (division A of section 101(h) of Public Law 105-277). (c) Immediate Repeal of Cuban-Haitian Adjustment.--An alien may not be issued an immigrant visa and may not otherwise acquire the status of an alien lawfully admitted for permanent residence) under any section 202 of the Immigration Reform and Control Act of 1986, unless the alien has filed an application for such visa or status on or before the date of the enactment of this Act: (d) Immediate Repeal of Lautenberg-Morrison Provisions.--Effective on the date of the enactment of this Act, section 599D of of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167) is repealed. SEC. 105. REQUIREMENT FOR CONGRESSIONAL APPROVAL FOR EXTENSION OF DESIGNATION OF FOREIGN STATES FOR PURPOSES OF TEMPORARY PROTECTED STATUS. Effective on October 1, 2006, the period of designation of a foreign state under section 244(b) of the Immigration and Nationality Act (8 U.S.C. 1254(b)) may not be extended beyond the initial designation period without the approval of both Houses of Congress. SEC. 106. ESTABLISHMENT OF NEW NONIMMIGRANT CLASSIFICATIONS; CONVERSION OF CERTAIN EXISTING IMMIGRANT CLASSIFICATION PETITIONS. (a) Establishment of Nonimmigrant Classifications.--Effective October 1, 2006, the Secretary of Homeland Security shall establish the following new nonimmigrant classifications (under section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)): (1) Spouses and minor children of lawful permanent residents.-- (A) In general.--A nonimmigrant classification for an alien who is the spouse or child of an alien lawfully admitted for permanent residence. (B) Period of validity of nonimmigrant visa.--A visa issued for nonimmigrant classification under this paragraph shall be valid for a period of 3 years. Such visa may be renewed indefinitely so long as the principal alien is residing in the United States and the nonimmigrant alien remains the spouse or child of such alien. (C) Subsequent adjustment to lawful permanent resident status as immediate relatives upon naturalization of principal alien.--If the principal alien described in subparagraph (A) becomes a naturalized citizen of the United States, the alien may apply for permanent resident status of such spouse and child as an immediate relative under section 201(b)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)) and, for purposes of making such determination, the age of the child shall be the age of such child as of the date of approval of the nonimmigrant status under subparagraph (A). (2) Parents of adult united states citizens.-- (A) In general.--A nonimmigrant classification for an alien who is the parent of a citizen of the United States if the citizen is at least 21 years of age. (B) Period of validity of nonimmigrant visa.--A visa issued for nonimmigrant classification under this subparagraph shall be valid for a period of 5 years. Such visa may be renewed indefinitely so long as the citizen son or daughter is residing in the United States. (C) Limitations on employment and public benefits and support by petitioning citizen son or daughter.--An alien provided nonimmigrant status under this paragraph is not authorized to be employed in the United States and is not entitled, notwithstanding any other provision of law, to any benefits funded by the Federal Government or any State. In the case of such an alien, the petitioning United States citizen son or daughter shall be responsible for the support of the alien in the United States, regardless of the resources of such alien. (b) Conversion of Current Classification Petitions.-- (1) Family second preference conversions.--In the case of a classification petition under section 204(a) of the Immigration and Nationality Act (8 U.S.C. 1154(a)) for preference status described in section 203(a)(2)(A) of such Act (8 U.S.C. 1153(a)(2)(A)) for an alien that has been filed before October 1, 2006, as of such date such petition shall be deemed to be a petition for classification of the alien involved as a nonimmigrant under the classification established under subsection (a)(1). (2) Immediate relative petitions for parents.--In the case of a classification petition under section 204(a) of the Immigration and Nationality Act (8 U.S.C. 1154(a)) for immediate relative status status under section 201(b)(2)(A) of such Act (8 U.S.C. 1151(b)(2)(A)) as the parent of a United States citizen that has been filed before October 1, 2006, as of such date such petition shall be deemed to be a petition for classification of the alien involved as a nonimmigrant under the classification established under subsection (a)(2). TITLE II--MISCELLANEOUS PROVISIONS SEC. 201. LIMITATION ON AUTOMATIC BIRTHRIGHT CITIZENSHIP. Notwithstanding any other provision of law, with respect to an individual born after the date of the enactment of this Act, the individual shall not be a national or citizen at birth under section 301 of the Immigration and Nationality Act (8 U.S.C. 1401) unless at least one of the individual's parents is, at the time of birth, a citizen or national of the United States or an alien lawfully admitted for permanent residence. SEC. 202. REQUIREMENT FOR IMMIGRANTS TO PROVIDE AFFIDAVIT OF ALLEGIANCE TO THE UNITED STATES. (a) In General.--Notwithstanding any other provision of law, no alien shall be provided an immigrant visa or otherwise provided status as an alien lawfully admitted to the United States for permanent residence unless the alien has executed an affidavit of allegiance to the United States that is in a form approved by the Secretary of Homeland Security. (b) Effective Date.--Subsection (a) shall take effect on and after such date, not later than 60 days after the date of the enactment of this Act, as the Secretary of Homeland Security specifies after having approved the form for the affidavit under such section. SEC. 203. REQUIREMENT OF AFFIDAVIT OF SUPPORT FOR EMPLOYMENT-BASED IMMIGRANTS. (a) In General.--Notwithstanding any other provision of law, no alien shall be provided an an immigrant visa or otherwise provided status as an alien lawfully admitted to the United States for permanent residence as an employment-based immigrant under section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)) unless there has been executed an affidavit of support that meets the requirements of section 213A of such Act (8 U.S.C. 1183a) alien has executed an affidavit of allegiance to the United States that is in a form approved by the Secretary of Homeland Security. (b) Effective Date.--Subsection (a) shall apply to visas and lawful permanent residence status provided after the date of the enactment of this Act. SEC. 204. MAKING VOTING IN FOREIGN ELECTION A BASIS FOR AUTOMATIC LOSS OF CITIZENSHIP. (a) In General.--Section 349(a) of the Immigration and Nationality Act (8 U.S.C. 1481(a)) is amended-- (1) by striking the period at the end of paragraph (7) and inserting ``; or''; and (2) by adding at the end the following new paragraph: ``(8) voting in an election in a foreign country.''. (b) Effective Date.--The amendments made by subsection (a) apply to voting occurring after the date of the enactment of this Act. SEC. 205. TREATING ILLEGAL PRESENCE IN THE UNITED STATES AS NOT DEMONSTRATING GOOD MORAL CHARACTER. (a) In General.--Section 101(f) of the Immigration and Nationality Act (8 U.S.C. 1101(f)) is amended-- (1) by striking ``or'' at the end of paragraph (8); (2) by striking the period at the end of paragraph (9) and inserting ``; or''; and (3) by inserting after paragraph (9) the following new paragraph: ``(10) one who-- ``(A) at the time good moral character is required to be demonstrated, is unlawfully present in the United States without having been admitted or paroled; ``(B) at the time good moral character is required to be demonstrated, has been inspected and admitted to the United States but gained such admission through fraud or misrepresentation; or ``(C) at any time has been unlawfully present in the United States for an aggregate period of 181 days or more.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to determinations of good moral character made after the date of the enactment of this Act.

Reducing Immigration to a Genuinely Healthy Total (RIGHT) Act of 2005 - Reduces U.S. immigration levels (and visa allotments) for: (1) family-sponsored immigrants to zero; (2) diversity immigrants to zero; and (3) employment-based immigrants. Caps fiscal year humanitarian-related entries at 50,000, which shall include: (1) refugees; (2) assylees; (3) Polish, Hungarian, Soviet, and Indochinese parolees; (4) aliens whose removal is canceled and status adjusted; and (5) aliens provided permanent resident status through private legislation. Eliminates specified legalization and amnesty programs, including: (1) agricultural worker amnesty; (2) Immigration Reform and Control Act (IRCA) legalizations; (3) amnesties under the Nicaraguan Adjustment and Central American Relief Act of 1997, and the Haitian Refugee and Immigration Fairness Act of 1998; and (4) Cuban-Haitian adjustments. Requires congressional approval for extension of designation of foreign states for temporary protected status designations. Establishes as nonimmigrant classifications: (1) spouses and minor children of lawful permanent residents (currently, a preference immigrant classification); and (2) parents of U.S. adult citizens (currently, an immediate relative classification exempt from numerical immigrant limitations). Prohibits automatic citizenship by birth unless at least one of the individual's parents is, at the time of birth, a U.S. citizen or national or an alien lawfully admitted for permanent residence. Makes voting in a foreign election a basis for automatic loss of U.S. citizenship. Sets forth the instances under which illegal U.S. presence by a person shall be considered as not demonstrating good moral character for immigration purposes.

{"src": "billsum_train", "title": "To reform immigration to serve the national interest."}