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SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Hubbard Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Continued payment of bonuses and similar benefits for members of the Armed Forces who receive sole survivorship discharge. Sec. 3. Availability of separation pay for members of the Armed Forces with less than six years of active service who receive sole survivorship discharge. Sec. 4. Transitional health care for members of the Armed Forces who receive sole survivorship discharge. Sec. 5. Transitional commissary and exchange benefits for members of the Armed Forces who receive sole survivorship discharge. Sec. 6. Veterans benefits for members of the Armed Forces who receive sole survivorship discharge. Sec. 7. Unemployment compensation for members of the Armed Forces who receive sole survivorship discharge. Sec. 8. Preference-eligible status for members of the Armed Forces who receive sole survivorship discharge. Sec. 9. Effective date. SEC. 2. CONTINUED PAYMENT OF BONUSES AND SIMILAR BENEFITS FOR MEMBERS OF THE ARMED FORCES WHO RECEIVE SOLE SURVIVORSHIP DISCHARGE. (a) Effect of Sole Survivorship Discharge.--Section 303a(e) of title 37, United States Code, is amended-- (1) in paragraph (1), by striking ``A member'' and inserting ``(A) Except as provided in paragraph (2), a member''; (2) by redesignating paragraph (2) as subparagraph (B) of paragraph (1). (3) by inserting after paragraph (1), as so amended, the following new paragraph (2): ``(2)(A) If a member of the uniformed services receives a sole survivorship discharge, the Secretary concerned-- ``(i) shall not require repayment by the member of the unearned portion of any bonus, incentive pay, or similar benefit previously paid to the member; and ``(ii) may grant an exception to the requirement to terminate the payment of any unpaid amounts of a bonus, incentive pay, or similar benefit if the Secretary concerned determines that termination of the payment of the unpaid amounts would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States. ``(B) In this paragraph, the term `sole survivorship discharge' means the separation of a member from the Armed Forces, at the request of the member, pursuant to the Department of Defense policy permitting the early separation of a member who is the only surviving child in a family in which-- ``(i) the father or mother or one or more siblings-- ``(I) served in the Armed Forces; and ``(II) was killed, died as a result of wounds, accident, or disease, is in a captured or missing in action status, or is permanently 100 percent disabled or hospitalized on a continuing basis (and is not employed gainfully because of the disability or hospitalization); and ``(ii) the death, status, or disability did not result from the intentional misconduct or willful neglect of the parent or sibling and was not incurred during a period of unauthorized absence.''. (b) Sense of Congress.--In light of the extraordinary discretion granted to the Secretary of a military department by statute and policy to continue to pay the unpaid amounts of a bonus, incentive pay, or similar benefit otherwise due to a member of the Armed Forces under the jurisdiction of the Secretary who receives a sole survivorship discharge, it is the sense of Congress that the Secretaries of the military departments should aggressively use such discretion to the benefit of members receiving a sole survivorship discharge. SEC. 3. AVAILABILITY OF SEPARATION PAY FOR MEMBERS OF THE ARMED FORCES WITH LESS THAN SIX YEARS OF ACTIVE SERVICE WHO RECEIVE SOLE SURVIVORSHIP DISCHARGE. Section 1174 of title 10, United States Code, is amended-- (1) by redesignating subsection (i) as subsection (j); and (2) by inserting after subsection (h) the following new subsection: ``(i) Special Rule for Members Receiving Sole Survivorship Discharge.--(1) A member of the Armed Forces who receives a sole survivorship discharge shall be entitled to separation pay under this section even though the member has completed less than six years of active service immediately before that discharge. Subsection (e) shall not apply to a member who receives a sole survivorship discharge. ``(2) The amount of the separation pay to be paid to a member pursuant to this subsection shall be based on the years of active service actually completed by the member before the member's sole survivorship discharge. ``(3) In this subsection, the term `sole survivorship discharge' means the separation of a member from the Armed Forces, at the request of the member, pursuant to the Department of Defense policy permitting the early separation of a member who is the only surviving child in a family in which-- ``(A) the father or mother or one or more siblings-- ``(i) served in the Armed Forces; and ``(ii) was killed, died as a result of wounds, accident, or disease, is in a captured or missing in action status, or is permanently 100 percent disabled or hospitalized on a continuing basis (and is not employed gainfully because of the disability or hospitalization); and ``(B) the death, status, or disability did not result from the intentional misconduct or willful neglect of the parent or sibling and was not incurred during a period of unauthorized absence.''. SEC. 4. TRANSITIONAL HEALTH CARE FOR MEMBERS OF THE ARMED FORCES WHO RECEIVE SOLE SURVIVORSHIP DISCHARGE. Section 1145(a)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph: ``(E) A member who receives a sole survivorship discharge (as defined in section 1174(i) of this title).''. SEC. 5. TRANSITIONAL COMMISSARY AND EXCHANGE BENEFITS FOR MEMBERS OF THE ARMED FORCES WHO RECEIVE SOLE SURVIVORSHIP DISCHARGE. Section 1146 of title 10, United States Code, is amended-- (1) by striking ``The Secretary of Defense'' and inserting the following: ``(a) Benefits for Members Involuntarily Separated.--The Secretary of Defense''; and (2) by adding at the end the following new subsection: ``(b) Benefits for Members Receiving Sole Survivorship Discharge.-- A member of the Armed Forces who receives a sole survivorship discharge (as defined in section 1174(i) of this title) is entitled to continue to use commissary and exchange stores and morale, welfare, and recreational facilities in the same manner as a member on active duty during the two-year period beginning on the later of the following dates: ``(1) The date of the separation of the member. ``(2) The date on which the member is first notified of the members entitlement to benefits under this section.''. SEC. 6. VETERANS BENEFITS FOR MEMBERS OF THE ARMED FORCES WHO RECEIVE SOLE SURVIVORSHIP DISCHARGE. (a) Housing Loan Benefits.--Section 3702(a)(2) of title 38, United States Code, is amended by adding at the end the following new subparagraph: ``(F) Each veteran who was discharged or released from a period of active duty of 90 days or more by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10).''. (b) Employment and Training.--Section 4211(4) of such title is amended-- (1) in subparagraph (B), by striking ``or'' at the end; (2) in subparagraph (C), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new subparagraph: ``(D) was discharged or released from active duty by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10).''. (c) Basic Educational Assistance.-- (1) Service on active duty.--Section 3011(a)(1) of such title is amended-- (A) in subparagraph (A)(ii), by inserting after ``service-connected disability,'' the following: ``by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10),''; (B) in subparagraph (B)(ii), by inserting after ``service-connected disability,'' the following: ``by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10),''; and (C) in subparagraph (C)(iii)(II), by inserting after ``service-connected disability,'' the following: ``by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10),''. (2) Service in the selected reserve.--Section 3012(b)(1) of such title is amended-- (A) in subparagraph (A)-- (i) by striking ``, or (vi)'' and inserting ``, (vi)''; and (ii) by inserting before the period at the end the following: ``, or (vii) by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10)''; and (B) in subparagraph (B)-- (i) in clause (i), by inserting after ``service-connected disability,'' the following: ``by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10),''; and (ii) in clause (ii)-- (I) by striking ``, or (VI)'' and inserting ``, (VI)''; and (II) by inserting before the period at the end the following: ``, or (VII) by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10)''. SEC. 7. UNEMPLOYMENT COMPENSATION FOR MEMBERS OF THE ARMED FORCES WHO RECEIVE SOLE SURVIVORSHIP DISCHARGE. Section 8521(a)(1)(B)(ii)(III) of title 5, United States Code, is amended by striking ``hardship,'' and inserting ``hardship (including pursuant to a sole survivorship discharge, as that term is defined in section 1174(i) of title 10),''. SEC. 8. PREFERENCE-ELIGIBLE STATUS FOR MEMBERS OF THE ARMED FORCES WHO RECEIVE SOLE SURVIVORSHIP DISCHARGE. Section 2108(3) of title 5, United States Code, is amended-- (1) in subparagraph (F), by striking ``and'' at the end; (2) in subparagraph (G), by inserting ``and'' at the end; and (3) by inserting after subparagraph (G) the following: ``(H) a veteran who was discharged or released from a period of active duty by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10);''. SEC. 9. EFFECTIVE DATE. (a) Retroactive Effective Date.--Except as provided in subsection (b), this Act and the amendments made by this Act shall apply with respect to any sole survivorship discharge granted after September 11, 2001. (b) Date of Enactment Effective Date for Certain Amendments.--The amendments made by sections 4, 6(c), 7, and 8 shall apply with respect to any sole survivorship discharge granted after the date of the enactment of this Act. (c) Sole Survivorship Discharge Defined.--In this section, the term ``sole survivorship discharge'' means the separation of a member from the Armed Forces, at the request of the member, pursuant to the Department of Defense policy permitting the early separation of a member who is the only surviving child in a family in which-- (1) the father or mother or one or more siblings-- (A) served in the Armed Forces; and (B) was killed, died as a result of wounds, accident, or disease, is in a captured or missing in action status, or is permanently 100 percent disabled or hospitalized on a continuing basis (and is not employed gainfully because of the disability or hospitalization); and (2) the death, status, or disability did not result from the intentional misconduct or willful neglect of the parent or sibling and was not incurred during a period of unauthorized absence.

Hubbard Act - Amends federal employment, armed forces, military pay, and veterans' benefits law to authorize the provision of the following benefits to a member of the Armed Forces who is discharged at the member's request pursuant to a Department of Defense (DOD) policy permitting the early discharge of a member who is the only surviving child in a family in which the father or mother, or one or more siblings, served in the Armed Forces and, incident to such service, was killed, died as a result of wounds, accident, or disease, is in a captured or missing in action status, or is permanently disabled: (1) continued payment, through the original agreed-upon service period, of any bonus, incentive, or similar benefit to which the member was entitled during service; (2) separation pay, even though the member has completed less than six years of active service before discharge; (3) transitional health care, on the same basis as an active-duty member, for 180 days after discharge; (4) transitional commissary and exchange benefits, on the same basis as an active-duty member, for two years after discharge; (5) veterans' housing loan, employment and training, and basic educational assistance; (6) federal unemployment compensation; and (7) veteran's preference for federal employment purposes. Makes this Act effective with respect to any such discharge granted after September 11, 2001.

{"src": "billsum_train", "title": "A bill to amend titles 5, 10, 37, and 38, United States Code, to ensure the fair treatment of a member of the Armed Forces who is discharged from the Armed Forces, at the request of the member, pursuant to the Department of Defense policy permitting the early discharge of a member who is the only surviving child in a family in which the father or mother, or one or more siblings, served in the Armed Forces and, because of hazards incident to such service, was killed, died as a result of wounds, accident, or disease, is in a captured or missing in action status, or is permanently disabled, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Savings Act of 2014''. SEC. 2. HEALTH SAVINGS ACCOUNTS FOR CHILDREN. (a) In General.--Section 223 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(h) Child Health Savings Accounts.-- ``(1) In general.--In the case of an individual, in addition to any deduction allowed under subsection (a) for any taxable year, there shall be allowed as a deduction under this section an amount equal to the aggregate amount paid in cash by the taxpayer during the taxable year to a child health savings account of a child or grandchild of the taxpayer. ``(2) Limitations.-- ``(A) Deduction limitation.--The amount taken into account under paragraph (1) with respect to each child or grandchild of the taxpayer, as the case may be, for the taxable year shall not exceed the sum of the monthly limitations with respect to such child for months during the taxable year that the child is an eligible individual. ``(B) Limit on accounts with respect to individual.--The aggregate amount of contributions which may be made for any taxable year to all child health savings accounts established and maintained on behalf of a child shall not exceed the sum of the monthly limitations for months during the taxable year that the child is an eligible individual. ``(C) Monthly limitation.--The monthly limitation for any month with respect to a child is \1/12\ of the amount in effect for the taxable year under subsection (c)(2)(A)(ii)(I). ``(3) Treatment of account while a dependent.--For purposes of this section, except as otherwise provided in this subsection, a child health savings account established for the benefit of the child of a taxpayer shall be treated as a health savings account of the taxpayer until the first taxable year (and each taxable year thereafter) for which no deduction under section 151 is allowable to any taxpayer with respect to such child, after which such account shall be treated as a health savings account of the child. ``(4) Child health savings account.--For purposes of this subsection, the term `child health savings account' means a health savings account designated as a child health savings account and established for the benefit of a child of a taxpayer. ``(5) Qualified medical expenses.--For purposes of this section, the term `qualified medical expenses' shall, with respect to any child health savings account, not include any amounts paid for medical care (as defined in section 213(d)) for any individual other than the child for whose benefit the account is maintained. ``(6) Exceptions for disability or death of child.--If the child becomes disabled within the meaning of section 72(m)(7) or dies-- ``(A) subsection (f)(4)(A) shall not apply to any subsequent payment or distribution, and ``(B) the taxpayer may rollover the amount in such account to any health savings account of the taxpayer or grandparent of the child or to any child health savings account of any other child of the taxpayer. ``(7) Guardians.--Any legal guardian of a child shall be treated as the parent of such child for purposes of this section. ``(8) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection, including rules for determining application of this subsection in the case of legal guardians and in the case of parents of a child who file separately, are separated, or are not married.''. (b) Coordination With Means-Tested Programs.--Amounts in a child health savings account shall not be taken into account in determining resources for purposes of title XIX of the Social Security Act. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. ALLOWING HSA ROLLOVER TO CHILD OR PARENT OF ACCOUNT HOLDER. (a) In General.--Subparagraph (A) of section 223(f)(8) of the Internal Revenue Code of 1986 is amended-- (1) by inserting ``child, parent, or grandparent'' after ``surviving spouse'', (2) by inserting ``child, parent, or grandparent, as the case may be,'' after ``the spouse'', (3) by inserting ``, child, parent, or grandparent'' after ``spouse'' in the heading thereof, and (4) by adding at the end the following: ``In the case of a child who acquires such beneficiary's interest and 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, such health savings account shall be treated as a child health savings account of the child.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 4. MAXIMUM CONTRIBUTION LIMIT TO HSA INCREASED TO AMOUNT OF DEDUCTIBLE AND OUT-OF-POCKET LIMITATION. (a) Self-Only Coverage.--Subparagraph (A) of section 223(b)(2) of the Internal Revenue Code of 1986 is amended by striking ``$2,250'' and inserting ``the amount in effect under subsection (c)(2)(A)(ii)(I)''. (b) Family Coverage.--Subparagraph (B) of section 223(b)(2) of such Code is amended by striking ``$4,500'' and inserting ``the amount in effect under subsection (c)(2)(A)(ii)(II)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 5. TRANSFER OF REQUIRED MINIMUM DISTRIBUTION FROM RETIREMENT PLAN TO HEALTH SAVINGS ACCOUNT. (a) Transfer From Retirement Plan.-- (1) Individual retirement accounts.--Section 408(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(10) Required minimum distribution transferred to health savings account.-- ``(A) In general.--In the case of an individual who has attained the age of 70\1/2\ and who elects the application of this paragraph for a taxable year, gross income of the individual for the taxable year does not include a qualified HSA transfer to the extent such transfer is otherwise includible in gross income. ``(B) Qualified hsa transfer.--For purposes of this paragraph, the term `qualified HSA transfer' means any distribution from an individual retirement plan-- ``(i) to a health savings account of the individual in a direct trustee-to-trustee transfer, ``(ii) to the extent such distribution does not exceed the required minimum distribution determined under section 401(a)(9) for the distribution calendar year ending during the taxable year. ``(C) Application of section 72.--Notwithstanding section 72, in determining the extent to which an amount is treated as otherwise includible in gross for purposes of subparagraph (A), the aggregate amount distributed from an individual retirement plan shall be treated as includible in gross income to the extent that such amount does not exceed the aggregate amount which would have been so includible if all amounts from all individual retirement plans were distributed. Proper adjustments shall be made in applying section 72 to other distributions in such taxable year and subsequent taxable years. ``(D) Coordination.--An election may not be made under subparagraph (A) for a taxable year for which an election is in effect under paragraph (9).''. (2) Other retirement plans.--Section 402 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(m) Required Minimum Distribution Transferred to Health Savings Account.-- ``(1) In general.--In the case of an individual who has attained the age of 70\1/2\ and who elects the application of this subsection for a taxable year, gross income of the individual for the taxable year does not include a qualified HSA transfer to the extent such transfer is otherwise includible in gross income. ``(2) Qualified hsa transfer.--For purposes of this subsection, the term `qualified HSA transfer' means any distribution from a retirement plan-- ``(A) to a health savings account of the individual in a direct trustee-to-trustee transfer, ``(B) to the extent such distribution does not exceed the required minimum distribution determined under section 401(a)(9) for the distribution calendar year ending during the taxable year. ``(3) Application of section 72.--Notwithstanding section 72, in determining the extent to which an amount is treated as otherwise includible in gross for purposes of paragraph (1), the aggregate amount distributed from an individual retirement plan shall be treated as includible in gross income to the extent that such amount does not exceed the aggregate amount which would have been so includible if all amounts from all individual retirement plans were distributed. Proper adjustments shall be made in applying section 72 to other distributions in such taxable year and subsequent taxable years. ``(4) Eligible retirement plan.--For purposes of this subsection, the term `eligible retirement plan' has the meaning given such term by subsection (c)(8)(B) (determined without regard to clauses (i) and (ii) thereof).''. (b) Transfer to Health Savings Account.-- (1) In general.--Subparagraph (A) of section 223(d)(1) of such Code is amended by striking ``or'' at the end of clause (i), by striking the period at the end of clause (ii)(II) and inserting ``, or'', and by adding at the end the following new clause: ``(iii) unless it is in a qualified HSA transfer described in section 408(d)(10) or 402(m).''. (2) Excise tax inapplicable to qualified hsa transfer.-- Paragraph (1) of section 4973(g) of such Code is amended by inserting ``or in a qualified HSA transfer described in section 408(d)(10) or 402(m)'' after ``or 223(f)(5)''. (c) Effective Date.--The amendments made by this section shall apply to distributions made after the date of the enactment of this Act. SEC. 6. EQUIVALENT BANKRUPTCY PROTECTIONS FOR HEALTH SAVINGS ACCOUNTS AS RETIREMENT FUNDS. (a) In General.--Section 522 of title 11, United States Code, is amended by adding at the end the following new subsection: ``(r) For purposes of this section, any health savings account (as described in section 223 of the Internal Revenue Code of 1986) shall be treated in the same manner as an individual retirement account described in section 408 of such Code.''. (b) Effective Date.--The amendment made by this section shall apply to cases commencing under title 11, United States Code, after the date of the enactment of this Act. SEC. 7. ALLOWANCE OF SILVER AND BRONZE PLANS IN CONNECTION WITH HEALTH SAVINGS ACCOUNTS. (a) In General.--Section 223 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``a high deductible health plan'' each place it appears and inserting ``an HSA compatible health plan'', (2) by striking ``high deductible health plan'' in subsection (b)(8)(A)(ii) and inserting ``HSA compatible health plan'', and (3) by striking ``the high deductible health plan'' in subsection (c)(1)(A)(ii)(II) and inserting ``the HSA compatible health plan''. (b) HSA Compatible Health Plan Defined.--Paragraph (2) of section 223(c) of such Code is amended by redesignating subparagraphs (A), (B), (C), and (D) as subparagraphs (B), (C), (D), and (E) and by inserting before subparagraph (B), as so redesignated, the following new subparagraph: ``(A) In general.--The term `HSA compatible health plan' means-- ``(i) any high deductible health plan, ``(ii) any plan described in section 1302(e) of the Patient Protection and Affordable Care Act (relating to catastrophic plan), or ``(iii) any silver or bronze plan which was enrolled in through an Exchange established under section 1311 of the Patient Protection and Affordable Care Act.''. (c) Clerical Amendments.--Section 223 of such Code is amended-- (1) by striking ``In general'' in the heading for subsection (c)(2)(B), as redesignated by subsection (b) of this Act, and inserting ``High deductible health plan'', (2) by striking ``high deductible health plan'' in the heading for subsection (b)(8)(B) and inserting ``hsa compatible health plan'', and (3) by striking ``High deductible health plan'' in the heading for subsection (c)(2) and inserting ``HSA compatible health plan''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2014. SEC. 8. IDENTIFICATION OF HSA COMPATIBLE PLANS. Section 1103(b) of the Patient Protection and Affordable Care Act (42 U.S.C. 18003(b)) is amended by adding at the end the following new paragraph: ``(3) Identification of hsa compatible plans.--Beginning for plan year 2015, the format described in paragraph (1) shall require that information on a coverage option described in subsection (a)(2) that is an HSA compatible health plan (as defined in section 223(c)(2) of the Internal Revenue Code of 1986) identifies such plan as a plan that satisfies the requirement of section 223(c)(1)(A)(i) of such Code.''.

Health Savings Act of 2014 - Amends the Internal Revenue Code, with respect to health savings accounts (HSAs), to: (1) allow an additional tax deduction for amounts paid to the HSA of a taxpayer's child or grandchild; (2) allow a rollover of HSA funds to the child, parent, or grandparent of an account holder; (3) increase the maximum HSA contribution limit; (4) allow mandatory distributions from an individual retirement account (IRA) to be paid into an HSA; (5) exempt HSAs from creditor claims in bankruptcy; and (6) expand the definition of an HSA compatible plan to include bronze, silver, and catastrophic plans on an insurance exchange.

{"src": "billsum_train", "title": "Health Savings Act of 2014"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Eurasia Foundation Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) there has been established in the District of Columbia a private, nonprofit corporation known as the Eurasia Foundation (hereafter in this Act referred to as the ``Foundation''), which is not an agency or establishment of the United States Government; (2) in recognition of the valuable contributions of the Foundation to long-range United States foreign policy interests, the United States Government has, through the United States Agency for International Development and the Department of State, provided financial support for the Foundation; and (3) it is in the interest of the United States, and the further strengthening of cooperation with the nations of the region, to establish a more permanent mechanism for United States Government financial support for the ongoing activities of the Foundation, while preserving the independent character of the Foundation. (b) Purposes.--The purposes of the Foundation are-- (1) to promote civil society, private enterprise, and sound public administration and policy in the former Soviet Union and in lending encouragement and assistance to local citizens in their own efforts to develop more open, just, and democratic societies; (2) to strengthen indigenous institutions that foster national development, constructive social change, equitable economic growth, and cooperative international relationships that are fully consistent with and supportive of long-term United States interests in Eurasia; and (3) to conduct programs in response to initiatives in the region that would be difficult or impossible for an official United States entity, and, as a result of its position in the Eurasia region, to respond quickly and flexibly to meet new opportunities. SEC. 3. GRANTS TO THE FOUNDATION. (a) In General.--The Secretary of State shall make an annual grant to the Foundation to enable the Foundation to carry out its purposes as specified in section 2(b). Such grants shall be made with funds specifically appropriated for grants to the Foundation. Such grants shall be made pursuant to a grant agreement between the Secretary and the Foundation which requires that grant funds will only be used for activities the Board of Directors of the Foundation determines are consistent with the purposes described in section 2(b), and that the Foundation will otherwise comply with the requirements of this Act. The grant agreement may not require the Foundation to comply with requirements other than those specified in this Act. (b) Use of Funds.--Funds so granted may be used by the Foundation to carry out the purposes described in section 2(b), and otherwise applicable limitations on the purposes for which funds appropriated to the Department of State may be used shall not apply to funds granted to the Foundation. (c) Rule of Construction.--Nothing in this Act shall be construed to make the Foundation an agency or establishment of the United States Government or to make the members of the Board of Directors of the Foundation, or the officers or employees of the Foundation, officers or employees of the United States. (d) Oversight.--The Foundation and its grantees shall be subject to the appropriate oversight procedures of the Congress. (e) Other Funding.--The Foundation shall have authority to accept funding from non-United States Government sources to complement United States Government funding. SEC. 4. ELIGIBILITY OF THE FOUNDATION FOR GRANTS. (a) Compliance With Statutory Requirements.--Grants may be made to the Foundation under this Act only if the Foundation agrees to comply with the requirements specified in this section and elsewhere in this Act. (b) Funding for Covered Programs Only.--The Foundation may provide funding only for programs that are consistent with the purposes set forth in section 2(b). (c) Compensation for Officers and Employees of the Foundation.--If an individual who is an officer or employee of the United States Government serves as a member of the Board of Directors or as an officer or employee of the Foundation, that individual may not receive any compensation or travel expenses in connection with service performed for the Foundation. (d) Prohibition Respecting Financial Matters.--The Foundation shall not issue any shares of stock or declare or pay any dividends. No part of the assets of the Foundation shall inure to the benefit of any member of the Board of Directors of the Foundation, any officer or employee of the Foundation, or any other individual, except as salary or reasonable compensation for expenses incurred in the performance of duties to the Foundation. (e) Audit of Accounts; Reporting Requirements.-- (1) Audit of accounts.--The accounts of the Foundation shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants certified or licensed by a regulatory authority of a State or other political subdivision of the United States. (2) Reporting requirements.--The report of each such independent audit shall be included in the annual report required by subsection (h) of this section. The audit report shall set forth the scope of the audit and include such statements as are necessary to present fairly the Foundation's assets and liabilities, surplus or deficit, with an analysis of the changes therein during the year, supplemented in reasonable detail by a statement of the Foundation's income and expenses during the year, and a statement of the application of funds, together with the independent auditor's opinion of those statements. (f) Audit of Financial Transactions.-- (1) Audit of financial transactions.--The financial transactions of the Foundation for each fiscal year may be audited by the Government Accountability Office in accordance with such principles and procedures and under such rules and regulations as may be prescribed by the Comptroller General of the United States. (2) Reporting requirements.--A report of each such audit shall be made by the Comptroller General to the Congress. The report to the Congress shall contain such comments and information as the Comptroller General may deem necessary to inform the Congress of the financial operations and condition of the Foundation, together which such recommendations with respect thereto as the Comptroller General may deem advisable. A copy of each report shall be furnished to the President and to the Foundation at the time submitted to the Congress. (g) Recordkeeping Requirements; Audit and Examination of Books.-- (1) Recordkeeping requirements.--The Foundation shall ensure that each recipient of assistance provided through the Foundation under this Act keeps such records as may be reasonably necessary to fully disclose the amount and the disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount and nature of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. (2) Audit and examination of books.--The Foundation shall ensure that it, or any of its duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient that are pertinent to assistance provided through the Foundation under this Act. The Comptroller General of the United States or any duly authorized representative of the Comptroller General shall also have access thereto for such purpose. (h) Annual Report; Contents; Testimony Respecting Report.--Not later than March 31 of each year, the Foundation shall submit an annual report for the preceding fiscal year to the President for transmittal to the Congress. The report shall include a comprehensive and detailed report of the Foundation's operations, activities, financial condition, and accomplishments under this Act and may include such recommendations as the Foundation deems appropriate. (i) Grantee; Conflict of Interest.--A member of the Board of Directors of the Foundation who serves as a member of the board of directors or an officer of a grantee of the Foundation may not receive compensation for their services but shall be entitled to reimbursement for travel and other expenses incurred by them in connection with their duties on behalf of such grantee. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $20,000,000 for fiscal year 2008 and such sums as may be necessary for each of the fiscal years 2009 and 2010. (b) Availability.--Amounts appropriated pursuant to the authorization of appropriation under subsection (a) are authorized to remain available until expended.

Eurasia Foundation Act - Directs the Secretary of State to make an annual grant to the Eurasia Foundation, a private, nonprofit corporation whose purposes are to: (1) promote civil society, private enterprise, and sound public administration and policy in the former Soviet Union; (2) strengthen indigenous institutions that foster national development, constructive social change, equitable economic growth, and cooperative international relationships that are fully consistent with U.S. interests in Eurasia; and (3) conduct programs in response to initiatives in the region that would be difficult or impossible for an official U.S. entity.

{"src": "billsum_train", "title": "To authorize grants to the Eurasia Foundation, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Western Shoshone Claims Distribution Act''. SEC. 2. DISTRIBUTION OF DOCKET 326-K FUNDS. The funds appropriated in satisfaction of the judgment award granted to the Western Shoshone Indians in Docket Number 326-K before the Indian Claims Commission, including all earned interest, shall be distributed as follows: (1) The Secretary shall establish a Western Shoshone Judgment Roll consisting of all Western Shoshones who-- (A) have at least \1/4\ degree of Western Shoshone Blood; (B) are citizens of the United States; and (C) are living on the date of enactment of this Act. (2) Any individual determined or certified as eligible by the Secretary to receive a per capita payment from any other judgment fund awarded by the Indian Claims Commission, the United States Claims Court, or the United States Court of Federal Claims, that was appropriated on or before the date of enactment of this Act, shall not be eligible for enrollment under this Act. (3) The Secretary shall publish in the Federal Register rules and regulations governing the establishment of the Western Shoshone Judgment Roll and shall utilize any documents acceptable to the Secretary in establishing proof of eligibility. The Secretary's determination on all applications for enrollment under this paragraph shall be final. (4) Upon completing the Western Shoshone Judgment Roll under paragraph (1), the Secretary shall make a per capita distribution of 100 percent of the funds described in this section, in a sum as equal as possible, to each person listed on the Roll. (5)(A) With respect to the distribution of funds under this section, the per capita shares of living competent adults who have reached the age of 19 years on the date of the distribution provided for under paragraph (4), shall be paid directly to them. (B) The per capita shares of deceased individuals shall be distributed to their heirs and legatees in accordance with regulations prescribed by the Secretary. (C) The shares of legally incompetent individuals shall be administered pursuant to regulations and procedures established by the Secretary under section 3(b)(3) of Public Law 93-134 (25 U.S.C. 1403(b)(3)). (D) The shares of minors and individuals who are under the age of 19 years on the date of the distribution provided for under paragraph (4) shall be held by the Secretary in supervised individual Indian money accounts. The funds from such accounts shall be disbursed over a period of 4 years in payments equaling 25 percent of the principal, plus the interest earned on that portion of the per capita share. The first payment shall be disbursed to individuals who have reached the age of 18 years if such individuals are deemed legally competent. Subsequent payments shall be disbursed within 90 days of the individual's following 3 birthdays. (6) Notwithstanding section 7 of the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1407), the per capita shares (or the availability of those shares) shall not-- (A) be subject to Federal or State income taxation; (B) be considered to be income or resources; or (C) be used as a basis for denying or reducing financial assistance or any other benefit to which a household or member would otherwise be entitled under-- (i) the Social Security Act (42 U.S.C. 301 et seq.); or (ii) any other Federal or federally- assisted program. (7) All per capita shares belonging to living competent adults certified as eligible to share in the judgment fund distribution under this section, and the interest earned on those shares, that remain unpaid for a period of 6-years shall be added to the principal funds that are held and invested in accordance with section 3, except that in the case of a minor, such 6-year period shall not begin to run until the minor reaches the age of majority. (8) Any other residual principal and interest funds remaining after the distribution under paragraph (4) is complete shall be added to the principal funds that are held and invested in accordance with section 3. SEC. 3. DISTRIBUTION OF DOCKETS 326-A-1 AND 326-A-3. The funds appropriated in satisfaction of the judgment awards granted to the Western Shoshone Indians in Docket Numbers 326-A-1 and 326-A-3 before the United States Court of Claims, and the funds referred to under paragraphs (7) and (8) of section 2, together with all earned interest, shall be distributed as follows: (1)(A) Not later than 120 days after the date of enactment of this Act, the Secretary shall establish in the Treasury of the United States a trust fund to be known as the ``Western Shoshone Educational Trust Fund'' for the benefit of the Western Shoshone members. There shall be credited to the Trust Fund the funds described in the matter preceding this paragraph. (B) The principal in the Trust Fund shall not be expended or disbursed. The Trust Fund shall be invested as provided for in section 1 of the Act of June 24, 1938 (25 U.S.C. 162a). (C)(i) All accumulated and future interest and income from the Trust Fund shall be distributed, subject to clause (ii)-- (I) as educational grants and as other forms of educational assistance determined appropriate by the Administrative Committee established under paragraph (2) to individual Western Shoshone members as required under this Act; and (II) to pay the reasonable and necessary expenses of such Administrative Committee (as defined in the written rules and procedures of such Committee). (ii) Funds shall not be distributed under this paragraph on a per capita basis. (2)(A) An Administrative Committee to oversee the distribution of the educational grants and assistance authorized under paragraph (1)(C) shall be established as provided for in this paragraph. (B) The Administrative Committee shall consist of 1 representative from each of the following organizations: (i) The Western Shoshone Te-Moak Tribe. (ii) The Duckwater Shoshone Tribe. (iii) The Yomba Shoshone Tribe. (iv) The Ely Shoshone Tribe. (v) The Western Shoshone Committee of the Duck Valley Reservation. (vi) The Fallon Band of Western Shoshone. (vii) The at large community. (C) Each member of the Committee shall serve for a term of 4 years. If a vacancy remains unfilled in the membership of the Committee for a period in excess of 60 days, the Committee shall appoint a replacement from among qualified members of the organization for which the replacement is being made and such member shall serve until the organization to be represented designates a replacement. (D) The Secretary shall consult with the Committee on the management and investment of the funds subject to distribution under this section. (E) The Committee shall have the authority to disburse the accumulated interest fund under this Act in accordance with the terms of this Act. The Committee shall be responsible for ensuring that the funds provided through grants and assistance under paragraph (1)(C) are utilized in a manner consistent with the terms of this Act. In accordance with paragraph (1)(C)(i)(II), the Committee may use a portion of the interest funds to pay all of the reasonable and necessary expenses of the Committee, including per diem rates for attendance at meetings that are the same as those paid to Federal employees in the same geographic location. (F) The Committee shall develop written rules and procedures that include such matters as operating procedures, rules of conduct, eligibility criteria for receipt of educational grants or assistance (such criteria to be consistent with this Act), application selection procedures, appeal procedures, fund disbursement procedures, and fund recoupment procedures. Such rules and procedures shall be subject to the approval of the Secretary. A portion of the interest funds in the Trust Fund, not to exceed $100,000, may be used by the Committee to pay the expenses associated with developing such rules and procedures. At the discretion of the Committee, and with the approval of the appropriate tribal governing body, jurisdiction to hear appeals of the Committee's decisions may be exercised by a tribal court, or a court of Indian offenses operated under section 11 of title 25, Code of Federal Regulations. (G) The Committee shall employ an independent certified public accountant to prepare an annual financial statement that includes the operating expenses of the Committee and the total amount of educational grants or assistance disbursed for the fiscal year for which the statement is being prepared under this section. The Committee shall compile a list of names of all individuals approved to receive such grants or assistance during such fiscal year. The financial statement and the list shall be distributed to each organization represented on the Committee and the Secretary and copies shall be made available to the Western Shoshone members upon request. SEC. 4. DEFINITIONS. In this Act: (1) Administrative committee; committee.--The terms ``Administrative Committee'' and ``Committee'' mean the Administrative Committee established under section 3(2). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Trust fund.--The term ``Trust Fund'' means the Western Shoshone Educational Trust Fund established under section 3(1). (4) Western shoshone members.--The term ``Western Shoshone members'' means an individual who appears on the Western Shoshone Judgment Roll established under section 2(1), or an individual who is the lineal descendant of an individual appearing on the roll, and who-- (A) satisfies all eligibility criteria established by the Administrative Committee under section 3(F); (B) fulfills all application requirements established by the Committee; and (C) agrees to utilize funds distributed in accordance with section 3(1)(C)(i)(I) in a manner approved by the Committee for educational purposes. SEC. 5. REGULATIONS. The Secretary may promulgate such regulations as are necessary to carry out this Act. Passed the Senate November 13, 2002. Attest: JERI THOMSON, Secretary.

Western Shoshone Claims Distribution Act - (Sec. 2) Provides for the per capita distribution of shares of specified funds appropriated in satisfaction of a judgment award granted to the Western Shoshone Indians in Docket Number 326-K before the Indian Claims Commission (ICC).Requires the Secretary of the Interior to establish a Western Shoshone Judgement Roll consisting of all Western Shoshones who have at least 1/4 degree of Western Shoshone Blood, are U.S. citizens, and are living on the date of enactment of this Act.Makes ineligible for enrollment under this Act any individuals who are eligible to receive other judgment awards from the ICC, the United States Claims Court, or the Unites States Court of Federal Claims.Requires the Secretary to publish rules and regulations governing the establishment of the Judgment Roll and specifies per capita distribution requirements (including those for heirs of deceased beneficiaries, incompetents, and minors).(Sec. 3) Provides for distribution of specified funds appropriated in satisfaction of the judgment awards granted in Docket Numbers 326-A-1 and 326-A-3 before the U.S. Court of Federal Claims.Requires the Secretary to establish, for the benefit of Western Shoshone members, the Western Shoshone Educational Trust Fund, to which such funds shall be credited.Requires that all accumulated and future interest and income from the Trust Fund be distributed: (1) as educational grants and assistance to individual Western Shoshone members as determined appropriate by the Administrative Committee established by this Act to oversee such distribution; and (2) to pay reasonable and necessary expenses of the Administrative Committee.Specifies the membership and duties of the Administrative Committee.

{"src": "billsum_train", "title": "A bill to provide for the use and distribution of the funds awarded to the Western Shoshone identifiable group under Indian Claims Commission Docket Numbers 326-A-1, 326-A-3, 326-K, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mark-to-Market Extension Act of 2001''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to continue the progress of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (referred to in this section as ``that Act''); (2) to ensure that properties that undergo mortgage restructurings pursuant to that Act are rehabilitated to a standard that allows the properties to meet their long-term affordability requirements; (3) to ensure that, for properties that undergo mortgage restructurings pursuant to that Act, reserves are set at adequate levels to allow the properties to meet their long-term affordability requirements; (4) to ensure that properties that undergo mortgage restructurings pursuant to that Act are operated efficiently, and that operating expenses are sufficient to ensure the long- term financial and physical integrity of the properties; (5) to ensure that properties that undergo rent restructurings have adequate resources to maintain the properties in good condition; (6) to ensure that the Office of Multifamily Housing Assistance Restructuring continues to focus on the portfolio of properties eligible for restructuring under that Act; (7) to ensure that the Department of Housing and Urban Development carefully tracks the condition of those properties on an ongoing basis; (8) to ensure that tenant groups, non-profit organizations, and public entities continue to have the resources for building the capacity of tenant organizations in furtherance of the purposes of subtitle A of that Act; and (9) to encourage the Office of Multifamily Housing Assistance Restructuring to continue to provide participating administrative entities, including public participating administrative entities, with the flexibility to respond to specific problems that individual cases may present, while ensuring consistent outcomes around the country. SEC. 3. DEFINITIONS. Section 512 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is amended by adding at the end the following: ``(19) Department.--The term `Department' means the Department of Housing and Urban Development. ``(20) Office.--The term `Office' means the Office of Multifamily Housing Assistance Restructuring established under section 571.''. SEC. 4. FHA-INSURED MULTIFAMILY HOUSING MORTGAGE AND HOUSING ASSISTANCE RESTRUCTURING. The Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is amended-- (1) in section 514(f)(3)(A)-- (A) by striking ``Secretary may provide'' and inserting ``Secretary shall provide''; and (B) by striking ``entities) and for tenant services,'' and inserting ``entities), for tenant services, and for tenant groups, nonprofit organizations, and public entities described in section 517(a)(5),''; (2) in section 514(g)(2)(A), by striking ``mortgages in any fiscal year'' and inserting ``rents and mortgages under this subtitle''; (3) in section 515(c)(4), by inserting before the period the following: ``, which assistance shall be accepted by the owner of that project as payment for rent if the property use continues as rental housing''; (4) in section 516(d), by striking ``Subject to'' and inserting the following: ``(1) Notice to certain residents.--The Office shall notify any tenant that is residing in a project or receiving assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) at the time of rejection under this section, of that rejection. ``(2) Assistance and moving expenses.--Subject to''; (5) in section 524(e), by adding at the end the following: ``(3) Mortgage restructuring and rental assistance sufficiency plans.--Notwithstanding paragraph (1), the owner of the project may request, and the Secretary may consider, mortgage restructuring and rental assistance sufficiency plans to facilitate sales or transfers of properties under this subtitle, subject to an approved plan of action under the Emergency Low Income Housing Preservation Act of 1987 (12 U.S.C. 1715l note) or the Low-Income Housing Preservation and Resident Homeownership Act of 1990 (12 U.S.C. 4101 et seq.), which plans shall result in a sale or transfer of those properties.''; (6) in section 512(2), in the second sentence, by inserting ``, but does include a project described in section 524(e)(3)'' after ``section 524(e)''; (7) in section 517(b), by adding at the end the following: ``(8) Addition of significant features.-- ``(A) In general.--If the participating administrative entity requires the addition of significant features, such as air conditioning, an elevator, or additional community space, in accordance with guidelines established by the Secretary, the required owner contribution shall not exceed 25 percent of the amount of rehabilitation assistance received, as determined by the Secretary. ``(B) Applicability.--Subparagraph (A) shall apply to all eligible multifamily housing projects, except those for which both the Secretary and the project owner executed a mortgage restructuring and rental assistance sufficiency plan on or before the date of enactment of the Mark-to-Market Extension Act of 2001. ``(C) Additional cost.--Nothing in this paragraph shall be construed to relieve an owner or purchaser from contributing to rehabilitation assistance, as required under paragraph (7)(B).''; (8) in section 512(2), by striking subparagraph (A) and inserting the following: ``(A) with rents that, on an average per unit or per room basis-- ``(i) exceed the rent of comparable properties in the same market area, as determined by the Secretary or a participating administrative entity or any other independent entity acting on behalf of the Secretary and in accordance with guidelines established by the Secretary; or ``(ii) exceeded the rent of comparable properties in the same market area, as determined by the Secretary, prior to, and notwithstanding, any renewal of project-based assistance under this subtitle;''; (9) in section 520(b)-- (A) by striking ``Banking and''; (B) by striking ``periods, the'' and inserting the following: ``periods-- ``(1) the''; (C) by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: ``(2) the physical and financial condition of properties that are the subject of rent and mortgage restructurings under this subtitle, with special emphasis on properties that have undergone rent restructurings after the Office determined that mortgage restructurings were necessary; and ``(3) the status of oversight by the Department, of the financial and physical condition of properties referred to in paragraph (2).''; and (10) in section 517(a)(1)(B), by striking ``no more than the'' and inserting the following: ``not more than the greater of-- ``(i) the full or partial payment of claim made under this subtitle; or ``(ii) the''. SEC. 5. ENHANCED VOUCHERS. Section 8(t)(1)(B) of the United States Housing Act of 1937 (42 U.S.C. 1437f(t)(1)(B)) is amended by inserting after ``paragraph (10)(A) of subsection (o)'' the following: ``, and subject to the comparable rent limitations provided in subparagraphs (A) and (B) of section 514(g)(1) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note)''. SEC. 6. MISCELLANEOUS HOUSING INSURANCE. Section 223(a)(7) of the National Housing Act (12 U.S.C. 1715n(a)(7)) is amended-- (1) by striking ``under this Act: Provided, That the principal'' and inserting the following: ``under this Act, or an existing mortgage held by the Secretary that is subject to a mortgage restructuring and rental assistance sufficiency plan pursuant to the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note), provided that-- ``(A) the principal''; (2) by striking ``: Provided further, That a mortgage'' and inserting the following ``; and ``(B) a mortgage''; and (3) by striking ``or'' at the end and inserting the following: ``(C) a mortgage that is subject to a mortgage restructuring and rental assistance sufficiency plan pursuant to the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) and is refinanced under this paragraph may have a term of not more than 30 years; or''. SEC. 7. TECHNICAL CORRECTION. (a) In General.--Section 531(c) of Public Law 106-74 (113 Stat. 1116) is amended by striking ``514(h)'' and inserting ``514(h)(1)''. (b) Retroactive Effect.--The amendment made by subsection (a) shall be deemed to have the same effective date as section 531 of Public Law 106-74 (113 Stat. 1109). SEC. 8. OFFICE OF MULTIFAMILY HOUSING ASSISTANCE RESTRUCTURING. (a) In General.--The Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is amended-- (1) in section 571-- (A) by inserting ``Federal Housing Administration of the'' after ``within the''; and (B) by inserting before the period at the end the following: ``(in this subtitle, referred to as the `Office')''; (2) in section 572(a)-- (A) by striking ``by and with the advice and consent of the Senate''; and (B) by striking the second sentence; (3) in section 573(b), in the first sentence, by inserting ``the Federal Housing Commissioner and'' before ``the Secretary''; and (4) in section 579-- (A) by striking subsection (a) and inserting the following: ``(a) Repeal.--Subtitle A (except for section 524) and subtitle D (except for section 576 and this section) are repealed effective October 1, 2006, and section 576 is repealed effective October 1, 2007.''; (B) in subsection (b), by striking ``2001'' and inserting ``2006''; and (C) in subsection (c), by striking ``2001'' and inserting ``2006''. (b) Limitation on Subsequent Employment.--Section 576 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is amended by striking ``2-year period'' and inserting ``1-year period''. (c) Repeal.--Section 578 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is repealed. SEC. 9. GAO REPORTS. (a) Initial Report.-- (1) In general.--Not later than October 1, 2002, and annually thereafter through 2005, the Comptroller General of the United States shall submit to the Congress a report on the activities carried out under the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note). (2) Contents.--The report required under paragraph (1) shall describe-- (A) progress in completing restructurings under subtitle A of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) in a timely manner, while ensuring the physical, financial, and managerial soundness of the multifamily housing stock; and (B) the status of shortcomings or concerns of the eligible multifamily housing projects reviewed in the 2001 report submitted by the Comptroller General in accordance with section 521 of that Act. (b) Final Report.-- (1) In general.--Not less than 4 months prior to the date of termination of the restructuring program established under subtitle A of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note), the Comptroller General of the United States shall submit to the Congress a final report on the activities carried out under that Act. (2) Contents.--The report required under paragraph (1) shall describe-- (A) matters pertaining to the termination of the Office of Multifamily Housing Assistance Restructuring, established under section 571 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note), and the restructuring program; and (B) the transition of any remaining responsibilities under that Act after the date of termination to the Office of Housing within the Department of Housing and Urban Development.

Mark-to-Market Extension Act of 2001 - Amends the Multifamily Assisted Housing Reform and Affordability Act of 1997 (Act) to require (currently, authorizes) the Secretary of Housing and Urban Development to make specified funds available to tenant, nonprofit, and other organizations for activities under such Act.Requires the Office of Multifamily Housing Assistance Restructuring (Office) to provide section 8 residents with notice of a restructuring plan's rejection.Authorizes the Secretary to consider mortgage restructuring and rental sufficiency plans to facilitate property transfers.Limits owner contribution to 25 percent of rehabilitation costs in the case of certain required additional features such as elevators, air conditioning, or community space.Amends the United States Housing Act of 1937 to provide for consistent rent standards for projects undergoing restructuring, and for tenant-based vouchers.Amends the National Housing Act to limit a refinanced mortgage subject to a mortgage restructuring and rental sufficiency plan to not more than a 30-year term. Extends the Office and mortgage and rehabilitation programs under the Act.Reduces from two years to one year the limitation on subsequent employment by the Director of the Office or certain other employees with a non-Federal employer having any financial interest in any mortgage restructuring or rental sufficiency plan.Directs the Comptroller General to: (1) report annually through 2005 to Congress respecting the activities carried out under the Act; and (2) submit a final report to Congress.

{"src": "billsum_train", "title": "A bill to reauthorize the Multifamily Assisted Housing Reform and Affordability Act of 1997, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Law Enforcement and Correctional Officers Employment Registration Act of 1994''. SEC. 2. FINDINGS. The Congress finds that-- (1) law enforcement officials, including members of the International Association of Chiefs of Police recognize that violent crime represents the greatest threat to the safety and security of citizens and that dedicated, ethical law enforcement professionals and lawful community initiatives with participation by members of the community represent the best hope of responding to the challenges of violent crime; (2) the International Association of Chiefs of Police acknowledges that a few officers choose to violate the public trust by abusing their authority or by breaking the law. Such officers should not be able to seek police employment in another state or jurisdiction with the expectation that they will be able to conceal their history of misconduct; (3) there have been numerous documented cases of officers who have obtained officer employment and certification in a state after revocation of officer certification or dishonorable discharge in another state; (4) a national clearinghouse of officer employment histories would enable each criminal justice agency to conduct thorough background checks on officer applicants and to assure that only honest ethical officers are permitted to serve; and (5) Federal legislation is needed that would require Federal registration of employment termination data of law enforcement officers and correctional officers. SEC. 3. REGISTRATION. Subpart 1 of part E of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3781 et seq.) is amended by adding at the end thereof the following: ``registration of employment data of law enforcement and correctional officers. ``Sec. 509a. a(1) The Governor of each State, or chief executive of each territory of the United States, the District of Columbia or a Native American Indian tribe or band that receives funds under section 506 in a fiscal year shall designate the state peace officer standards board or its equivalent which shall submit a list, maintained electronically, of all law enforcement and correctional officers who held such office in such State or territory, the District of Columbia or a Native American Indian tribe or band on or since January 1, 1994, in accordance with paragraph (2). The list shall be submitted to an officer or agency designated by the Attorney General of the United States. The head of each department, agency, or other entity in the executive branch of the United States Government that employs law enforcement or correctional officers shall submit a list of all such personnel employed on or after January 1, 1994. Such list shall be updated and supplemented by agencies or officials responsible for submission of employment data in accordance with subsection (b). ``(2) Such list shall include the names (and any former names), dates of birth, social security numbers, Federal Bureau of Investigation fingerprint identification numbers if known, the dates of appointment as officers if known, the names and addresses or National Crime Information Center numbers of the appointing or employing agencies, and if applicable, the dates such service ended for such officers. ``(b) The agency or official responsible for submission of such employment data shall, not later than 90 days after an officer's employment, appointment, or separation from employment or appointment, notify the agency or officer designated by the Attorney General of the United States to receive such employment data, that a law enforcement officer or correctional officer has been appointed or employed as an officer, or that a registered officer is no longer empowered or employed as such. If the former officer has had officer certification revoked for cause, that fact shall be reported. ``(c) For purposes of the section: ``(1) The term `law enforcement officer' means a federal law enforcement officer, or an individual who is elected or appointed by a State or territory, or a political subdivision thereof, by the District of Columbia or by a Native American Indian tribe or band, to conserve the peace, or to make arrests or serve warrants, or to otherwise possess or exercise the authority of a peace officer. In the case of law enforcement officers elected or appointed by a State or a political subdivision thereof, `law enforcement officer' only includes those required by the applicable law of the State to be licensed or certified. ``(2) The term `correctional officer' means a federal correctional officer, or an individual who is elected or appointed by a State or territory, or a political subdivision thereof, by the District of Columbia or by a Native American Indian tribe or band to guard or supervise prisoners or inmates of jails or other detention, penal or correctional facilities. In the case of correctional officers elected or appointed by a State or a political subdivision thereof, `correctional officer' only includes those required by the applicable law of the state to be licensed or certified. (3) ``The term `certification revoked for cause' means cancellation or revocation of an individual's law enforcement officer or correctional officer state professional license by a state peace officer standards board or its equivalent after administrative due process has been afforded the officer.'' A `law enforcement officer' or `correctional officer' includes an individual whether compensated for services or not, whether full- or part-time, and whether appointment, election or term of office is temporary or permanent. Such terms do not include citizens who are called to assist an officer in the performance of the officer's duties, unless such citizen received a deputation or commission of appointment lasting longer than 30 days. ``(d)(1) As a condition of employment, each State, territory, or political subdivision thereof, the District of Columbia, each Native American Indian tribe or band and each federal agency that employs law enforcement officers or correctional officers shall require all applicants for appointment to or employment in such positions before beginning employment-- ``(A) to disclose all prior service or employment as a law enforcement or correctional officer, and ``(B) to submit a written authorization and request for release of information, on a form prescribed by the Attorney General or designee. ``(2) When a prospective law enforcement or correctional employer obtains an officer's required written authorization and request for release of information, the Attorney General (or designee) is directed to release all data collected under subsections (a) and (b) of this section to such prospective employer. ``(3) Upon receipt of completed written authorization and request for release of information, and not later than 30 days after such officer is first appointed or employed or at any time prior to the appointment or employment of an applicant, each State, territory, and political subdivision thereof, the District of Columbia, each Native American Indian tribe or band and each federal agency that employs law enforcement or correctional officers shall notify the Attorney General (or designee). ``(e) The Attorney General shall issue regulations for the implementation of this section and the operation of the employment data clearinghouse. ``(f) Agencies or agency administrators who submit employment or officer certification data pursuant to this section are presumed to be acting in good faith and, unless lack of good faith is shown by clear and convincing evidence, are immune from civil liability for such disclosure or its consequences. The presumption of good faith is rebutted upon a showing that the data was submitted with knowledge of its falsity or was submitted with the malicious intent to deliberately mislead.''. SEC. 4. EFFECTIVE DATE. (a) In General.--This Act shall take effect October 1, 1994. (b) Information Compliance.--Lists required under section 509a (a) of the Omnibus Crime Control and Safe Streets Act of 1968 shall be submitted not later than 180 days after the enactment of this Act. Not later than 180 days after the date of the enactment of this Act, each State, territory, or political subdivision thereof, the District of Columbia, each Native American Indian tribe or band and each federal agency employing law enforcement and correctional officers shall comply with the requirements described in subsection (d) of section 509a of the Omnibus Crime Control and Safe Streets Act of 1968. The Director of the Bureau of Justice Assistance may authorize grants to agencies to assist in their compliance with Subsection (1) of this Act. SEC. 5. REPORTS. Not later than 2 years after the date of the enactment of this Act, the Attorney General, upon consultation with the Director of the Bureau of Justice Assistance, shall submit a report to the Committees on the Judiciary of the House of Representatives and the Senate evaluating the compliance with the requirements of section 509a of the Omnibus Crime Control and Safe Streets Act of 1968, and listing each State, territory, or political subdivision thereof, the District of Columbia, each Native American Indian tribe or band and each federal agency employing law enforcement or correctional officers that has failed materially to comply with the requirements of this section. Such subsequent reports shall be presented as are deemed appropriate by the Attorney General.

Law Enforcement and Correctional Officers Employment Registration Act of 1994 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require the Governor (or the chief executive officer) of each State, U.S. territory, the District of Columbia, or a Native American Indian tribe or band (State) that receives drug control and system improvement formula grants to designate the State peace officer standards board or its equivalent which shall submit to an officer or agency designated by the Attorney General (designee) a list, maintained electronically, of all law enforcement and correctional officers who held such office in such State on or since January 1, 1994 (including their dates of birth, social security numbers, Federal Bureau of Investigation fingerprint identification numbers, dates of appointment as officers, names and addresses or National Crime Information Center numbers of the appointing or employing agencies, and dates such service ended. Requires: (1) the head of each department, agency, or other entity in the executive branch that employs law enforcement or correctional officers to submit a list of all such personnel employed on or after Janaury 1, 1994, which shall be updated and supplemented by agencies or officials responsible for submission of employment data; and (2) such agencies or officials to notify the designee of an officer's employment, appointment, or separation. Directs each State or political subdivision to require all applicants for such positions before beginning employment to: (1) disclose all prior service or employment as an officer; and (2) submit a written authorization and request for release of information. Directs the Attorney General, when a prospective employer obtains an officer's request for release of information, to release data collected pursuant to this Act to the employer. Makes agencies or agency administrators who submit employment or officer certification data pursuant to this Act immune from civil liability for such disclosure or its consequences, except upon a showing of lack of good faith by clear and convincing evidence.

{"src": "billsum_train", "title": "Law Enforcement and Correctional Officers Employment Registration Act of 1994"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tobacco Free Internet for Kids Act''. SEC. 2. UNLAWFUL ACTS REGARDING SALE OF TOBACCO PRODUCTS TO INDIVIDUALS UNDER AGE OF 18. (a) In General.--It shall be unlawful for any person who is in the business of selling tobacco products, and who advertises such products through the Internet or any other means, to sell such a product to an individual under the age of 18 if pursuant to the sale the person mails the product, or ships the product by carrier in or affecting interstate commerce. (b) Procedures for Certain Purchase Orders.--It shall be unlawful for any person in the business of selling tobacco products to take a covered purchase order for such a product through the mail, or through any telecommunications means (including by telephone, facsimile, or the Internet), if in providing for the sale or delivery of the product pursuant to such purchase order the person mails the product, or ships the product by carrier in or affecting interstate commerce, and the person fails to comply with any of the following procedures: (1) Before mailing or shipping the product, the person received from the individual who placed the order the following: (A) A copy of a government-issued document (license or otherwise) that provides the name of the individual, the address of the individual, and the date of birth of the individual. (B) An e-mail address and social security number for the individual. (C) A signed statement in writing from the individual providing that the individual certifies that such document and information correctly identifies the individual and correctly states the address, date of birth, e-mail address, and social security number of the individual, that the individual understands that forging another person's signature is illegal, and that the individual understands that tobacco sales to minors are illegal and that tobacco purchases by minors may be illegal under applicable state law. (2) Before mailing or shipping the product, the person-- (A) verified the information submitted by the individual against a database of government-issued identification; (B) verified the e-mail address submitted by the individual against e-mail databases; (C) sends an e-mail to the e-mail address provided by the individual, requesting return e-mail confirmation of the specific purchase order; (D) receives return e-mail confirmation for the specific purchase order by the individual; and (E) sends a letter to the individual requesting confirmation of the specific purchase order and requesting that the individual reply immediately (to a specified toll-free phone number or e-mail address) if the individual did not submit the purchase order. (3) Before mailing or shipping a tobacco product advertised on the Internet to an individual, the person receives payment by credit card. (4) The person provides for the mailing or shipping of the product to the same name and address as is provided on such government-issued document. (5) The person provides for the mailing or shipping of the product in a package that bears a clear and conspicuous label providing as follows: ``TOBACCO PRODUCT: FEDERAL LAW PROHIBITS SHIPPING TO INDIVIDUAL UNDER THE AGE OF 18; STATE LAW MAY PROVIDE HIGHER MINIMUM AGE''. (6) The person employs a method of mailing or shipping that requires that the addressee personally sign for delivery of the package. (7) The person notifies the carrier for the mailing or shipping, in writing, of the age of the addressee as indicated by the government-issued document provided pursuant to paragraph (1)(A). (8) The person employs a method of mailing or shipping under which the individual who signs for the package pursuant to paragraph (6) takes delivery of the package only after producing a form of identification that bears a photograph and the same name as the addressee on the package, and that indicates that the individual is not younger than the age indicated on the government-issued document provided pursuant to paragraph (1)(A). (c) Covered Purchase Order.--It shall be unlawful for any person in the business of selling tobacco products to advertise such products for sale through an Internet website unless such website contains, on the part of each website page relating to sale of such products that is immediately visible when accessed, a prominent and clearly legible warning label stating that tobacco-product sales to persons under 18 are illegal in all States. (d) Advertising Through Internet; Warning Label.--It shall be unlawful for any person in the business of selling tobacco products to advertise such products for sale through an Internet website unless such website contains, on the part of each website page relating to sale of such products that is immediately visible when accessed, a prominent and clearly legible warning label described in sections 4(a)(1) and 4(b)(2) of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1333(a)(1) and 1333(b)(2)). (e) Advertising Through Internet; Access.--It shall be unlawful for any person in the business of selling tobacco products to advertise such products for sale through an Internet website unless access to the website (other than a non-selling website home page) is provided only to individuals who provide to the person the information described in subsections (b)(1)(A) and (b)(1)(B) and whose information is verified according to the procedures described in subsections (b)(2)(A) and (b)(2)(B). (f) Rule of Construction Regarding Carriers.--This Act may not be construed as imposing liability upon the Postal Service or any other carrier, or officers or employees thereof, when acting within the scope of business of the Postal Service or other carrier, respectively. SEC. 3. FEDERAL TRADE COMMISSION. (a) Civil Enforcement.--For purposes of the enforcement of section 2 by the Federal Trade Commission, a violation of a provision of subsection (a) or (b) of such section shall be deemed to be an unfair or deceptive act or practice in or affecting commerce within the meaning of the Federal Trade Commission Act, and the procedures under section 5(b) of such Act shall apply with respect to such a violation. (b) Regulations.--Not later than 90 days after the date of the enactment of this Act, the Commission shall promulgate a final rule for carrying out this Act. (c) Information Regarding State Laws on Minimum Purchase-Age.--The Commission shall post on the Internet site of the Commission information that, by State, provides the minimum age at which it is legal under State law to purchase tobacco products in the State. SEC. 4. CRIMINAL PENALTIES. (a) In General.-- (1) First violation.--Except as provided in paragraph (2), any person who violates a provision of subsection (a) or (b) of section 2 shall be fined not more than $1,000. (2) Subsequent violations.--In the case of a second or subsequent violation by a person of a provision of subsection (a) or (b) of section 2, the person shall be fined not less than $1,000 and not more than $5,000. (3) Rule of construction.--This subsection does not apply to a violation of a provision of subsection (a) or (b) of section 2 if any provision of subsection (b) of this section applies to such violation. (b) Knowing Violations.-- (1) First violation.--Except as provided in paragraph (2), any person who knowingly violates a provision of subsection (a) or (b) of section 2 shall be fined in accordance with title 18, United States Code, or imprisoned not more than two years, or both. (2) Subsequent violations.--In the case of a second or subsequent knowing violation by a person of a provision of subsection (a) or (b) of section 2, the person shall be fined in accordance with title 18, United States Code, or imprisoned not more than five years, or both. SEC. 5. FEDERAL CIVIL ACTIONS BY STATE ATTORNEYS GENERAL. (a) Injunctive Relief.--A State, through its State attorney general, may on behalf of residents of the State bring in its own name, and in an appropriate district court of the United States, a civil action to restrain violations by a person of any provision of subsection (a) or (b) of section 2, including obtaining a preliminary or permanent injunction or other order against the person. (b) Coordination With Commission.--Before bringing a civil action under subsection (a), a State attorney general shall provide to the Commission written notice of the intent of the State attorney general to bring the action. (c) Federal Jurisdiction.-- (1) In general.--The district courts of the United States shall have jurisdiction over any civil action under subsection (a). (2) Venue.--A civil action under subsection (a) may be brought only in accordance with section 1391 of title 28, United States Code, or in the district in which the recipient of the tobacco products resides or is found. (d) Requirements for Injunctions and Orders.-- (1) In general.--In any civil action under subsection (a), upon a proper showing by the State attorney general involved, the court may issue a preliminary or permanent injunction or other order to restrain a violation of this section. (2) Notice.--No preliminary injunction or permanent injunction or other order may be issued under paragraph (1) without notice to the adverse party and an opportunity for a hearing. (3) Form and scope of order.--Any preliminary or permanent injunction or other order entered in a civil action under subsection (a) shall-- (A) set forth the reasons for the issuance of the order; (B) be specific in its terms; (C) describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained; (D) be binding upon-- (i) the parties to the action and the officers, agents, employees, and attorneys of those parties; and (ii) persons in active concert or participation with the parties to the action who receive actual notice of the order by personal service or otherwise. (e) Additional Remedies.-- (1) In general.--A remedy under subsection (a) is in addition to any other remedies provided by law. (2) State court proceedings.--Nothing in this section may be construed to prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any State law. SEC. 6. DEFINITIONS. For purposes of this Act: (1) The term ``Commission'' means the Federal Trade Commission. (2) The term ``covered purchase order'', with respect to a tobacco product, has the meaning given such term in section 2(c). (3) The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the Virgin Islands. (4) The term ``State attorney general'' means the attorney general or other chief law enforcement officer of a State, or the designee thereof. (5) The term ``tobacco product'' means any product made or derived from tobacco that is intended for human consumption, including cigarettes, cigars, smokeless tobacco, pipe tobacco, and the product known as a bidi. SEC. 7. EFFECTIVE DATE. This Act takes effect upon the expiration of the 90-day period beginning on the date of the enactment of this Act, except that the authority of the Commission under section 3(b) to commence the process of rulemaking is effective on such date of enactment. Section 2 applies with respect to sales of tobacco products occurring on or after the expiration of such 90-day period, without regard to whether a final rule has been promulgated under section 3(b).

Tobacco Free Internet for Kids Act - Prohibits the sale of tobacco products advertized through the Internet or other means to an individual under the age of 18 when such products are shipped by carrier in or affecting interstate commerce. Requires the verification of certain submitted proofs of identity, birth date, and signed statement and certain confirmations of an order before any such products are so shipped.Requires tobacco product advertising on the Internet to prominently display a warning label as required by the Federal Cigarette Labeling and Advertising Act. Deems violations of these requirements unfair or deceptive acts or practices in or affecting commerce under the Federal Trade Commission Act. Imposes criminal penalties for subsequent, knowing violations.Authorizes a State attorney general to bring a civil action for injunctive relief to restrain a person from engaging, or continuing to engage, in a violation of this Act.

{"src": "billsum_train", "title": "To prohibit the sale of tobacco products through the Internet or other indirect means to individuals under the age of 18, and for other purposes."}

SECTION 1. ESTABLISHMENT AND COMPOSITION OF THE COMMISSION. (a) Establishment.--There is established a national commission on terrorism to review counter-terrorism policies regarding the prevention and punishment of international acts of terrorism directed at the United States. The Commission shall be known as ``The National Commission on Terrorism''. (b) Composition.--The Commission shall be composed of 15 members appointed as follows: (1) Five members shall be appointed by the President from among officers or employees of the executive branch, private citizens of the United States, or both. Not more than 3 members selected by the President shall be members of the same political party. (2) Five members shall be appointed by the Majority Leader of the Senate, in consultation with the Minority Leader of the Senate, from among members of the Senate, private citizens of the United States, or both. Not more than 3 of the members selected by the Majority Leader shall be members of the same political party and 3 members shall be members of the Senate. (3) Five members shall be appointed by the Speaker of the House of Representatives, in consultation with the Minority Leader of the House of Representatives, from among members of the House of Representatives, private citizens of the United States, or both. Not more than 3 of the members selected by the Speaker shall be members of the same political party and 3 members shall be members of the House of Representatives. (4) The appointments of the members of the Commission should be made no later than 3 months after the date of the enactment of this Act. (c) Qualifications.--The members should have a knowledge and expertise in matters to be studied by the Commission. (d) Chairman.--The chairman of the Commission shall be elected by the members of the Commission. SEC. 2. DUTIES. (a) In General.--The Commission shall consider issues relating to international terrorism directed at the United States as follows: (1) Review the laws, regulations, policies, directives, and practices relating to counterterrorism in the prevention and punishment of international terrorism directed towards the United States. (2) Assess the extent to which laws, regulations, policies, directives, and practices relating to counterterrorism have been effective in preventing or punishing international terrorism directed towards the United States. At a minimum, the assessment should include a review of the following: (A) Evidence that terrorist organizations have established an infrastructure in the western hemisphere for the support and conduct of terrorist activities. (B) Executive branch efforts to coordinate counterterrorism activities among Federal, State, and local agencies and with other nations to determine the effectiveness of such coordination efforts. (C) Executive branch efforts to prevent the use of nuclear, biological, and chemical weapons by terrorists. (3) Recommend changes to counterterrorism policy in preventing and punishing international terrorism directed toward the United States. (b) Report.--Not later than 6 months after the date on which the Commission first meets, the Commission shall submit to the President and the Congress a final report of the findings and conclusions of the Commission, together with any recommendations. SEC. 3. ADMINISTRATIVE MATTERS. (a) Meetings.-- (1) The Commission shall hold its first meeting on a date designated by the Speaker of the House which is not later than 30 days after the date on which all members have been appointed. (2) After the first meeting, the Commission shall meet upon the call of the chairman. (3) A majority of the members of the Commission shall constitute a quorum, but a lesser number may hold meetings. (b) Authority of Individuals To Act for Commission.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take under this Act. (c) Powers.-- (1) The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out its duties. (2) The Commission may secure directly from any agency of the Federal Government such information as the Commission considers necessary to carry out its duties. Upon the request of the chairman of the Commission, the head of a department or agency shall furnish the requested information expeditiously to the commission. (3) The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Pay and Expenses of Commission Members.-- (1) Each member of the Commission who is not an employee of the government shall be paid at a rate equal for the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in performing the duties of the Commission. (2) Members and personnel for the Commission may travel on aircraft, vehicles, or other conveyances of the Armed Forces of the United States when travel is necessary in the performance of a duty of the Commission except when the cost of commercial transportation is less expensive. (3) The members of the Commission may be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (4)(A) A member of the Commission who is an annuitant otherwise covered by section 8344 or 8468 of title 5, United States Code, by reason of membership on the Commission shall not be subject to the provisions of such section with respect to membership on the Commission. (B) A member of the Commission who is a member or former member of a uniformed service shall not be subject to the provisions of subsections (b) and (c) of section 5532 of such title with respect to membership on the commission. (e) Staff and Administrative Support.-- (1) The chairman of the Commission may, without regard to civil service laws and regulations, appoint and terminate an executive director and up to 3 additional staff members as necessary to enable the Commission to perform its duties. The Chairman of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51, and subchapter III of chapter 53, of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay may not exceed the maximum rate of pay for GS-15 under the General Schedule. (2) Upon the request of the Chairman of the Commission, the head of any department or agency of the Federal Government may detail, without reimbursement, any personnel of the department or agency to the Commission to assist in carrying out its duties. The detail of an employee shall be without interruption or loss of civil service status or privilege. SEC. 4. TERMINATION OF COMMISSION. The Commission shall terminate 30 days after the date on which the Commission submits a final report. SEC. 5. FUNDING. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.

Establishes the National Commission on Terrorism to review and report to the President and Congress on counter-terrorism policies regarding the prevention and punishment of international acts of terrorism directed at the United States. Directs the Commission to: (1) review the laws, regulations, policies, directives, and practices relating to counterterrorism (laws) in the prevention and punishment of international terrorism directed towards the United States; (2) assess the extent to which such laws have been effective in preventing or punishing such terrorism; and (3) recommend changes to counterterrorism policy. Authorizes appropriations.

{"src": "billsum_train", "title": "To establish a National Commission on Terrorism."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Fuel Pipelines Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) Creating the appropriate infrastructure to move renewable fuels is a necessary energy and transportation objective for the United States. (2) Currently more than 70 percent of the gasoline supply of the United States is delivered to local terminals through pipelines. (3) Pipelines are the most cost-effective, efficient, and safe transportation mode in use today to deliver large volumes of liquid fuels. (4) Renewable fuels are currently transported by truck, barge, and rail, and the volume requirements of the Energy Independence and Security Act of 2007 may overwhelm the renewable fuels infrastructure, a problem that would be alleviated by the transportation of renewable fuels through pipelines. (5) The production and use of renewable fuels is supported by Federal policy and a corresponding Federal policy is necessary to support the construction of an appropriate infrastructure to transport such fuels. SEC. 3. LOAN GUARANTEES FOR PROJECTS TO CONSTRUCT RENEWABLE FUEL PIPELINES. (a) Definitions.--Section 1701 of the Energy Policy Act of 2005 (42 U.S.C. 16511) is amended by adding at the end the following: ``(6) Renewable fuel.--The term `renewable fuel' has the meaning given the term in section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)), except that the term shall include all ethanol and biodiesel. ``(7) Renewable fuel pipeline.--The term `renewable fuel pipeline' means a common carrier pipeline for transporting renewable fuel.''. (b) Terms and Conditions.-- (1) Specific appropriation or contribution.--Subsection (b) of section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended-- (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs 2 ems to the right; (B) by striking ``(b) Specific Appropriation or Contribution.--No guarantee'' and inserting the following: ``(b) Specific Appropriation or Contribution.-- ``(1) In general.--No guarantee''; and (C) by adding at the end the following: ``(2) Renewable fuel pipelines.--The Secretary may waive the application of paragraph (1) with respect to a guarantee for a project described in section 1703(f)(1).''. (2) Amount.--Subsection (c) of such section is amended-- (A) by striking ``(c) Amount.--Unless'' and inserting the following: ``(c) Amount.-- ``(1) In general.--Unless''; and (B) by adding at the end the following: ``(2) Renewable fuel pipelines.--With respect to a project described in section 1703(f)(1)-- ``(A) a guarantee by the Secretary shall not exceed an amount equal to 90 percent of the project cost of the renewable fuel pipeline that is the subject of the guarantee, as estimated at the time at which the guarantee is issued; and ``(B) the Secretary may make more than one guarantee for such project, to the extent that the sum of all guarantees for such project does not exceed an amount equal to 90 percent of the project cost of the renewable fuel pipeline that is the subject of such guarantees, as estimated any time after the original guarantee is issued.''. (c) Eligible Projects.--Section 1703 of the Energy Policy Act of 2005 (42 U.S.C. 16513) is amended by adding at the end the following: ``(f) Renewable Fuel Pipelines.-- ``(1) In general.--The Secretary may make guarantees under this title for projects to construct renewable fuel pipelines without regard to any limitation under this section other than a limitation under this subsection. ``(2) Guarantee determinations.--In determining whether to make a guarantee for a project described in paragraph (1), the Secretary shall consider the following: ``(A) The volume of renewable fuel to be moved by the renewable fuel pipeline. ``(B) The size of the markets to be served by the renewable fuel pipeline. ``(C) The existence of sufficient storage to facilitate access to the markets to be served by the renewable fuel pipeline. ``(D) The proximity of the renewable fuel pipeline to renewable fuel production facilities. ``(E) The investment in terminal infrastructure of the entity carrying out the proposed project. ``(F) The history and experience working with renewable fuel of the entity carrying out the proposed project. ``(G) The ability of the entity carrying out the proposed project to ensure and maintain the quality of the renewable fuel through the terminal system of the entity and through the dedicated pipeline system. ``(H) The ability of the entity carrying out the proposed project to complete such proposed project in a timely manner. ``(I) The ability of the entity carrying out the proposed project to secure property rights-of-way. ``(J) Other criteria the Secretary determines appropriate for consideration. ``(3) Eminent domain authority.--When any entity in the carrying out of a project described in paragraph (1) for which a guarantee is made under this title cannot acquire by contract, or is unable to agree with the owner of property to the compensation to be paid for, the necessary right-of-way to construct, operate, and maintain a pipeline or pipelines for the transportation of renewable fuel, and the necessary land or other property, in addition to right-of-way, for the location of pump stations, pressure apparatus, or other facilities or equipment necessary to the proper operation of such pipeline or pipelines, it may acquire the same by the exercise of the right of eminent domain in the district court of the United States for the district in which such property may be located, or in the State courts, if such exercise is first determined by the Secretary to be necessary or desirable in the public interest. The practice and procedure in any action or proceeding for that purpose in the district court of the United States shall conform as nearly as may be with the practice and procedure in a similar action or proceeding in the courts of the State where the property is situated. The United States district courts shall only have jurisdiction of cases when the amount claimed by the owner of the property to be condemned exceeds $3,000.''. SEC. 4. FINAL RULE. Not later than 90 days after the date of the enactment of this Act, the Secretary of Energy shall publish in the Federal Register a final rule for carrying out a guarantee program for the construction of renewable fuel pipelines under title XVII of the Energy Policy Act of 2005 in accordance with the amendments made by this Act or shall modify rules and regulations currently applicable to the guarantee program under such title in accordance with the amendments made by this Act. SEC. 5. GRANT PROGRAM FOR PREPARATION OF PROJECTS TO CONSTRUCT RENEWABLE FUEL PIPELINES. (a) In General.--The Secretary may provide grants for projects described in section 1703(f)(1) of the Energy Policy Act of 2005, as added by section 3(c) of this Act, to assist in carrying out permit acquisition, planning, and other preparatory activities for such projects in advance of participation in the guarantee program under title XVII of the Energy Policy Act of 2005. (b) No Impact on Eligibility for a Guarantee.--In determining whether to make a guarantee for a project under title XVII of the Energy Policy Act of 2005, the Secretary shall not take into consideration whether a grant was provided for such project under this section. (c) Impact on Guarantee Amount.--In the case of a project for which a grant is provided under this section and a loan guarantee is made under title XVII of the Energy Policy Act of 2005, the sum with respect to such project of grants provided under this section and amounts guaranteed under title XVII of the Energy Policy Act of 2005 may not exceed 90 percent of the project cost of such project as estimated at the time at which a guarantee is issued. (d) Definition of Secretary.--In this section, the term ``Secretary'' means the Secretary of Energy. (e) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $50,000,000, to remain available until expended.

Renewable Fuel Pipelines Act of 2009 - Amends the Energy Policy Act of 2005 to allow federally-guaranteed loans for renewable fuel pipeline construction without regard to whether an appropriation for the cost has been made. Includes ethanol and biodiesel as renewable fuel. Allows a maximum guarantee by the Secretary of Energy of 90% of the project cost and more than one guarantee for a project (as long as the total guaranteed amount does not exceed 90%). Sets forth factors to be considered in guarantee determinations, including volume and quality of fuel, size of markets served, experience of the entity working with renewable fuel, and associated storage, production, and terminal facilities. Authorizes an entity implementing a fuel pipeline project for which a guarantee is made, when such entity is unable to acquire the necessary right-of-way to construct, operate, and maintain pipelines and the necessary land or property for the location of pump stations, pressure apparatus, and other necessary facilities or equipment by contract, to acquire what is necessary through eminent domain if determined by the Secretary to be necessary or desirable in the public interest. Authorizes the Secretary to provide grants for renewable fuel pipeline projects to assist in carrying out permit acquisition, planning, and other preparatory activities in advance of participation in the guarantee program. Limits the sum of grants and amounts guaranteed for a project that receives both to 90% of the project's cost.

{"src": "billsum_train", "title": "To amend the Energy Policy Act of 2005 to provide loan guarantees for projects to construct renewable fuel pipelines, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Transportation Terrorism Prevention Act of 2007''. SEC. 2. FINDINGS. Congress finds that-- (1) 182 public transportation systems throughout the world have been primary target of terrorist attacks; (2) more than 6,000 public transportation agencies operate in the United States; (3) people use public transportation vehicles 33,000,000 times each day; (4) the Federal Transit Administration has invested $84,800,000,000 since 1992 for construction and improvements; (5) the Federal Government appropriately invested nearly $24,000,000,000 in fiscal years 2002 through 2006 to protect our Nation's aviation system; (6) the Federal Government has allocated $386,000,000 in fiscal years 2003 through 2006 to protect public transportation systems in the United States; and (7) the Federal Government has invested $7.53 in aviation security improvements per passenger boarding, but only $0.008 in public transportation security improvements per passenger boarding. SEC. 3. SECURITY ASSESSMENTS. (a) Public Transportation Security Assessments.-- (1) Submission.--Not later than 30 days after the date of the enactment of this Act, the Federal Transit Administration of the Department of Transportation shall submit all public transportation security assessments and all other relevant information to the Secretary. (2) Review.--Not later than July 31, 2007, the Secretary shall review and augment the security assessments received under paragraph (1). (3) Allocations.--The Secretary shall use the security assessments received under paragraph (1) as the basis for allocating grant funds under section 4, unless the Secretary notifies the Committee on Banking, Housing, and Urban Affairs of the Senate that the Secretary has determined an adjustment is necessary to respond to an urgent threat or other significant factors. (4) Security improvement priorities.--Not later than September 30, 2007, the Secretary of Homeland Security, after consultation with the management and employee representatives of each public transportation system for which a security assessment has been received under paragraph (1) and with appropriate State and local officials, shall establish security improvement priorities that will be used by public transportation agencies for any funding provided under section 4. (5) Updates.--Not later than July 31, 2008, and annually thereafter, the Secretary shall-- (A) update the security assessments referred to in this subsection; and (B) conduct security assessments of all public transportation agencies considered to be at greatest risk of a terrorist attack. (b) Use of Security Assessment Information.--The Secretary shall use the information collected under subsection (a)-- (1) to establish the process for developing security guidelines for public transportation security; and (2) to design a security improvement strategy that-- (A) minimizes terrorist threats to public transportation systems; and (B) maximizes the efforts of public transportation systems to mitigate damage from terrorist attacks. (c) Bus and Rural Public Transportation Systems.--Not later than July 31, 2007, the Secretary shall conduct security assessments, appropriate to the size and nature of each system, to determine the specific needs of-- (1) local bus-only public transportation systems; and (2) selected public transportation systems that receive funds under section 5311 of title 49, United States Code. SEC. 4. SECURITY ASSISTANCE GRANTS. (a) Capital Security Assistance Program.-- (1) In general.--The Secretary shall award grants directly to public transportation agencies for allowable capital security improvements based on the priorities established under section 3(a)(4). (2) Allowable use of funds.--Grants awarded under paragraph (1) may be used for-- (A) tunnel protection systems; (B) perimeter protection systems; (C) redundant critical operations control systems; (D) chemical, biological, radiological, or explosive detection systems; (E) surveillance equipment; (F) communications equipment; (G) emergency response equipment; (H) fire suppression and decontamination equipment; (I) global positioning or automated vehicle locator type system equipment; (J) evacuation improvements; and (K) other capital security improvements. (b) Operational Security Assistance Program.-- (1) In general.--The Secretary shall award grants directly to public transportation agencies for allowable operational security improvements based on the priorities established under section 3(a)(4). (2) Allowable use of funds.--Grants awarded under paragraph (1) may be used for-- (A) security training for public transportation employees, including bus and rail operators, mechanics, customer service, maintenance employees, transit police, and security personnel; (B) live or simulated drills; (C) public awareness campaigns for enhanced public transportation security; (D) canine patrols for chemical, biological, or explosives detection; (E) overtime reimbursement for enhanced security personnel during significant national and international public events, consistent with the priorities established under section 3(a)(4); and (F) other appropriate security improvements identified under section 3(a)(4), excluding routine, ongoing personnel costs. (c) Coordination With State Homeland Security Plans.--In establishing security improvement priorities under section 3(a)(4) and in awarding grants for capital security improvements and operational security improvements under subsections (a) and (b), respectively, the Secretary shall ensure that the actions of the Secretary are consistent with relevant State Homeland Security Plans. (d) Multi-State Transportation Systems.--In cases where a public transportation system operates in more than 1 State, the Secretary shall give appropriate consideration to the risks of the entire system, including those portions of the States into which the system crosses, in establishing security improvement priorities under section 3(a)(4), and in awarding grants for capital security improvements and operational security improvements under subsections (a) and (b), respectively. (e) Congressional Notification.--Not later than 3 days before the award of any grant under this section, the Secretary shall notify the Committee on Homeland Security and Governmental Affairs and the Committee on Banking, Housing, and Urban Affairs of the Senate of the intent to award such grant. (f) Public Transportation Agency Responsibilities.--Each public transportation agency that receives a grant under this section shall-- (1) identify a security coordinator to coordinate security improvements; (2) develop a comprehensive plan that demonstrates the agency's capacity for operating and maintaining the equipment purchased under this section; and (3) report annually to the Secretary on the use of grant funds received under this section. (g) Return of Misspent Grant Funds.--If the Secretary determines that a grantee used any portion of the grant funds received under this section for a purpose other than the allowable uses specified for that grant under this section, the grantee shall return any amount so used to the Treasury of the United States. SEC. 5. PUBLIC TRANSPORTATION SECURITY TRAINING PROGRAM. (a) In General.--Not later than 90 days after the date of enactment of this section, the Secretary, in consultation with appropriate law enforcement, security, and terrorism experts, representatives of public transportation owners and operators, and nonprofit employee organizations that represent public transportation workers, shall develop and issue detailed regulations for a public transportation worker security training program to prepare public transportation workers, including front-line transit employees such as bus and rail operators, mechanics, customer service employees, maintenance employees, transit police, and security personnel, for potential threat conditions. (b) Program Elements.--The regulations developed under subsection (a) shall require such a program to include, at a minimum, elements that address the following: (1) Determination of the seriousness of any occurrence. (2) Crew and passenger communication and coordination. (3) Appropriate responses to defend oneself. (4) Use of protective devices. (5) Evacuation procedures (including passengers, workers, and those with disabilities). (6) Psychology of terrorists to cope with hijacker behavior and passenger responses. (7) Live situational training exercises regarding various threat conditions, including tunnel evacuation procedures. (8) Any other subject the Secretary considers appropriate. (c) Required Programs.-- (1) In general.--Not later than 90 days after the Secretary issues regulations under subsection (a) in final form, each public transportation system that receives a grant under this Act shall develop a public transportation worker security training program in accordance with those regulations and submit it to the Secretary for approval. (2) Approval.--Not later than 30 days after receiving a public transportation system's program under paragraph (1), the Secretary shall review the program and approve it or require the public transportation system to make any revisions the Secretary considers necessary for the program to meet the regulations requirements. A public transit agency shall respond to the Secretary's comments within 30 days after receiving them. (d) Training.-- (1) In general.--Not later than 1 year after the Secretary approves the training program developed by a public transportation system under subsection (c), the public transportation system owner or operator shall complete the training of all public transportation workers in accordance with that program. (2) Report.--The Secretary shall review implementation of the training program of a representative sample of public transportation systems and report to the Senate Committee on Banking, Housing and Urban Affairs, House of Representatives Committee on Transportation and Infrastructure, the Senate Homeland Security and Government Affairs Committee and the House of Representatives Committee on Homeland Security, on the number of reviews conducted and the results. The Secretary may submit the report in both classified and redacted formats as necessary. (e) Updates.-- (1) In general.--The Secretary shall update the training regulations issued under subsection (a) from time to time to reflect new or different security threats, and require public transportation systems to revise their programs accordingly and provide additional training to their workers. (2) Program revisions.--Each public transit operator shall revise their program in accordance with any regulations under paragraph (1) and provide additional training to their front- line workers within a reasonable time after the regulations are updated. SEC. 6. INTELLIGENCE SHARING. (a) Intelligence Sharing.--The Secretary of Homeland Security shall ensure that the Department of Transportation receives appropriate and timely notification of all credible terrorist threats against public transportation assets in the United States. (b) Information Sharing Analysis Center.-- (1) Establishment.--The Secretary of Homeland Security shall provide sufficient financial assistance for the reasonable costs of the Information Sharing and Analysis Center for Public Transportation (referred to in this subsection as the ``ISAC'') established pursuant to Presidential Directive 63, to protect critical infrastructure. (2) Public transportation agency participation.--The Secretary-- (A) shall require those public transportation agencies that the Secretary determines to be at significant risk of terrorist attack to participate in the ISAC; (B) shall encourage all other public transportation agencies to participate in the ISAC; and (C) shall not charge a fee to any public transportation agency for participating in the ISAC. SEC. 7. RESEARCH, DEVELOPMENT, AND DEMONSTRATION GRANTS AND CONTRACTS. (a) Grants and Contracts Authorized.--The Secretary, through the Homeland Security Advanced Research Projects Agency in the Science and Technology Directorate and in consultation with the Federal Transit Administration, shall award grants or contracts to public or private entities to conduct research into, and demonstrate technologies and methods to reduce and deter terrorist threats or mitigate damages resulting from terrorist attacks against public transportation systems. (b) Use of Funds.--Grants or contracts awarded under subsection (a)-- (1) shall be coordinated with Homeland Security Advanced Research Projects Agency activities; and (2) may be used to-- (A) research chemical, biological, radiological, or explosive detection systems that do not significantly impede passenger access; (B) research imaging technologies; (C) conduct product evaluations and testing; and (D) research other technologies or methods for reducing or deterring terrorist attacks against public transportation systems, or mitigating damage from such attacks. (c) Reporting Requirement.--Each entity that is awarded a grant or contract under this section shall report annually to the Department on the use of grant or contract funds received under this section. (d) Return of Misspent Grant or Contract Funds.--If the Secretary determines that a grantee or contractor used any portion of the grant or contract funds received under this section for a purpose other than the allowable uses specified under subsection (b), the grantee or contractor shall return any amount so used to the Treasury of the United States. SEC. 8. REPORTING REQUIREMENTS. (a) Semi-Annual Report to Congress.-- (1) In general.--Not later than March 31 and September 30 each year, the Secretary shall submit a report, containing the information described in paragraph (2), to-- (A) the Committee on Banking, Housing, and Urban Affairs of the Senate; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; and (C) the Committee on Appropriations of the Senate. (2) Contents.--The report submitted under paragraph (1) shall include-- (A) a description of the implementation of the provisions of sections 3 through 6; (B) the amount of funds appropriated to carry out the provisions of each of sections 3 through 6 that have not been expended or obligated; and (C) the state of public transportation security in the United States. (b) Annual Report to Governors.-- (1) In general.--Not later than March 31 of each year, the Secretary shall submit a report to the Governor of each State with a public transportation agency that has received a grant under this Act. (2) Contents.--The report submitted under paragraph (1) shall specify-- (A) the amount of grant funds distributed to each such public transportation agency; and (B) the use of such grant funds. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) Capital Security Assistance Program.--There are authorized to be appropriated to carry out the provisions of section 4(a) and remain available until expended-- (1) $536,000,000 for fiscal year 2008; (2) $772,000,000 for fiscal year 2009; and (3) $1,062,000,000 for fiscal year 2010. (b) Operational Security Assistance Program.--There are authorized to be appropriated to carry out the provisions of section 4(b)-- (1) $534,000,000 for fiscal year 2008; (2) $333,000,000 for fiscal year 2009; and (3) $133,000,000 for fiscal year 2010. (c) Intelligence.--There are authorized to be appropriated such sums as may be necessary to carry out the provisions of section 5. (d) Research.--There are authorized to be appropriated to carry out the provisions of section 7 and remain available until expended-- (1) $30,000,000 for fiscal year 2008; (2) $45,000,000 for fiscal year 2009; and (3) $55,000,000 for fiscal year 2010. SEC. 10. SUNSET PROVISION. The authority to make grants under this Act shall expire on October 1, 2011.

Public Transportation Terrorism Prevention Act of 2007 - Requires the Department of Transportation's (DOT) Federal Transit Administration, within 30 days of enactment, to submit all public transportation security assessments to the Secretary of Homeland Security (Secretary) to review and augment such assessments, not later than July 31, 2007. Requires the Secretary to: (1) establish and annually update security improvement priorities (improvement priorities), by September 30, 2007, that are consistent with relevant State Homeland Security Plans; (2) annually update the assessments and annually conduct assessments of all public transportation agencies considered to be at greatest risk of a terrorist attack; (3) by July 31, 2007, conduct security assessments of local bus-only public transportation systems and of selected transportation systems receiving grants as other than urbanized areas; and (4) use information collected from the assessments to develop security guidelines for public transportation security and design a security improvement strategy. Directs the Secretary, consistent with relevant State Homeland Security Plans, to award grants to public transportation agencies for allowable capital and operational security improvements based on the improvement priorities. Defines allowable. Requires congressional notification before the award of any grant. Sets forth public transportation agency requirements for receiving a grant. Directs the Secretary to: (1) develop and issue regulations for a public transportation worker security training program; (2) ensure that DOT receives timely notification of all credible terrorist threats against U.S. public transportation assets; (3) provide assistance for the reasonable costs of the Information Sharing and Analysis Center (ISAC) for Public Transportation to protect critical infrastructure; and (4) award grants or contracts for research and the demonstration of technologies and methods to reduce and deter terrorist threats or mitigate damages resulting from terrorist attacks. Requires public transportation agencies determined to be at significant risk of terrorist attack to participate in the ISAC and encourages all other public transportation agencies to participate in the ISAC. Prohibits charging a fee to any public transportation agency for participating in the ISAC. Sets forth reporting requirements. Authorizes appropriations through FY2010. Terminates grant authority on October 1, 2011.

{"src": "billsum_train", "title": "An original bill to provide the resources to protect public transportation from terrorism."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Empower Low-income Parents (HELP) Scholarships Amendments of 1998''. SEC. 2. DEFINITIONS. Section 6003 of the Elementary and Secondary Education Act of 1965 is amended-- (1) in the section heading by striking ``definition'' and inserting ``definitions''; (2) by striking ``(1)'', ``(2)'', and ``(3)''; (3) in the matter proceeding subparagraph (A), by striking ``title the term'' and inserting the following: ``title-- ``(1) the term''; (4) by striking the period at the end; and (5) by adding at the end the following: ``(2) the term `poverty line' means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a family of the size involved; and ``(3) the term `voluntary public and private parental choice program' means a program that meets the requirements of section 6301(b)(9), is authorized by State law, and includes 1 or more private schools to allow low-income parents to choose the appropriate school for their children.''. SEC. 3. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES. Section 6102(a) of the Elementary and Secondary Education Act of 1965 is amended to read as follows: ``(a) Distribution Rule.-- ``(1) In general.--Except as provided in paragraph (2), from the sums made available each year to carry out this title, the State educational agency shall distribute not less than 90 percent to local educational agencies within such State according to the relative enrollments in public and private, nonprofit schools within the school districts of such agencies, adjusted, in accordance with criteria approved by the Secretary, to provide higher per pupil allocations to local educational agencies which have the greatest numbers or percentages of children whose education imposes a higher than average cost per child, such as-- ``(A) children living in areas with high concentrations of low-income families; ``(B) children from low-income families; and ``(C) children living in sparsely populated areas. ``(2) Exception.--A State that has enacted or will enact a law that establishes a voluntary public and private parental choice program and that complies with the provisions of section 6301(b)(9) may reserve an additional 15 percent from the sums made available each year to carry out this title if the additional amount reserved is used exclusively for voluntary public and private parental choice programs.''. SEC. 4. USES OF FUNDS. (a) State Uses of Funds.--Section 6201(a)(1) of the Elementary and Secondary Education Act of 1965 is amended-- (1) in subparagraph (C), by striking ``and'' after the semicolon; (2) by inserting after subparagraph (C) the following: ``(D) establishing voluntary public and private parental choice programs in accordance with section 6301(b)(9); and''. (b) Local Uses of Funds.--Section 6301(b) of the Elementary and Secondary Education Act of 1965 is amended-- (1) in paragraph (7), by striking ``and'' after the semicolon; (2) in paragraph (8), by striking the period and inserting ``; and''; and (3) by inserting after paragraph (8) the following: ``(9) voluntary public and private parental choice programs that-- ``(A) are located in an area that has the greatest numbers or percentages of children-- ``(i) living in areas with a high concentration of low-income families; ``(ii) from low-income families; or ``(iii) living in sparsely populated areas; ``(B) ensure that participation in such a voluntary public and private parental choice program is limited to families whose family income does not exceed 185 percent of the poverty line; ``(C) ensure that-- ``(i) the maximum amount of a voluntary public and private parental choice scholarship does not exceed the per pupil expenditure of the local educational agency in which an applicant for a voluntary public and private parental choice scholarship resides; ``(ii) the minimum amount of a voluntary public and private parental choice scholarship is not less than 60 percent of the per pupil expenditure of the local educational agency in which an applicant for a voluntary public and private parental choice scholarship resides or the cost of tuition at a private school, whichever is less; ``(D) ensure that for a private school, which may include a religiously affiliated school, choosing to participate in a voluntary public and private parental choice program-- ``(i) such a school is permitted to impose the same academic requirements for all students, including students selected for a scholarship as provided under this paragraph; ``(ii) receipt of funds under this title is not conditioned with requirements or regulations that preclude the use of such funds for sectarian educational purposes or require removal of religious art, icons, scripture, or other symbols; and ``(iii) such a school is in compliance with all State requirements applicable to the operation of a private school that are in effect in the year preceding the date of the enactment of the Helping Empower Low-income Parents (HELP) Scholarships Amendments of 1997; ``(E) may allow State, local, and private funds to be used for voluntary public and private parental choice programs; and ``(F) ensure priority for students who were enrolled in a public school in the school year preceding the school year in which a voluntary public and private parental choice school begins operation.''. SEC. 5. EDUCATION FLEXIBILITY. Part C of title VI of the Elementary and Secondary Education Act of 1965 is amended by adding at the end the following: ``SEC. 6304. EDUCATION FLEXIBILITY. ``(a) In General.--A local educational agency that establishes a voluntary public and private parental choice program in accordance with section 6301(b)(9) is eligible to apply for an education flexibility waiver of certain Federal statutory or regulatory requirements if such agency complies with the requirements of subsection (b). ``(b) Application.--The requirements referred to in subsection (a) are as follows: ``(1) In general.--Submission of an application, approved by the State educational agency, to the Secretary that-- ``(A) identifies the State statutory and regulatory requirements sought to be waived; ``(B) identifies the Federal statutory and regulatory requirements sought to be waived; ``(C) includes a statement of justification for waiving such requirements; ``(D) describes the goals and performance criteria that will be used to determine the effectiveness of waiving such requirements; ``(E) certifies that the information in the application has been submitted to the units of local governments in which such local educational agency is located, the State legislature, and the Governor encouraging such entities to comment for a period of not less than 60 days; and ``(F) includes any comments received pursuant to subparagraph (E); ``(2) State waivers.--A statement from the State educational agency that describes the action the agency has undertaken or will undertake, not later than 90 days after notification from the Secretary that the waiver request has been granted, to remove State statutory or regulatory barriers for such local educational agency. ``(c) Approval and Notice.-- ``(1) Approval.--Except as provided in subsection (d), the Secretary shall approve the request of a local educational agency to waive certain Federal statutory or regulatory requirements if-- ``(A) such agency complies with this section; and ``(B) the State in which such agency is located has granted one or more of the waivers sought by the local educational agency or agrees to grant, not later than 90 days after notification by the Secretary that the waiver request has been granted, one or more waivers that the State and local educational agency find mutually acceptable. ``(2) Notice.--The Secretary shall notify each local educational agency for which a waiver request is submitted whether the request complies with the requirements of this section not later than 60 days after receiving the request. If the Secretary does not notify the local educational agency, as required under this paragraph, the application shall be considered, for purposes of this section, to have been determined to comply with the requirements of this section and the local educational agency shall be considered to have been notified of compliance upon the expiration of such 60-day period. ``(d) Prohibition Against Certain Waivers.--The Secretary shall not waive any of the following provisions: ``(1) Civil rights.--Civil rights protections and discrimination prohibitions, including the safety and procedural provisions under title VI of the Civil Rights Act, title IX of the Education Amendments of 1972, section 504 of the Rehabilitation Act of 1973, or the Age Discrimination Act of 1975. ``(2) Services for disabled.--Services provided under the Individuals with Disabilities Education Act. ``(3) Fiscal accountability measures.--Fiscal accountability measures, including-- ``(A) maintenance of effort or comparability of services requirements under any program; and ``(B) requirements that Federal funds supplement, not supplant non-Federal funds. ``(4) General requirements.--Requirements to provide for-- ``(A) the equitable participation of private school students and teachers; and ``(B) parental involvement in program activities and services. SEC. 6. EVALUATION. Part D of title VI of the Elementary and Secondary Education Act of 1965 is amended-- (1) by adding at the end of section 6402 the following new subsection: ``(j) Application.--This section shall not apply to funds that a State or local educational agency uses to establish a voluntary public and private parental choice program in accordance with section 6301(b)(9).''; and (2) by adding at the end of such part the following new sections: ``SEC. 6404. EVALUATION. ``(a) Annual Evaluation.-- ``(1) Contract.--The Comptroller General of the United States shall enter into a contract, with an evaluating agency that has demonstrated experience in conducting evaluations, for the conduct of an ongoing rigorous evaluation of the programs established under section 6301(b)(9). ``(2) Annual evaluation requirement.--The contract described in paragraph (1) shall require the evaluating agency entering into such contract to evaluate annually each program established under section 6301(b)(9) in accordance with the evaluation criteria described in subsection (b) and each such program that has applied for an education flexibility waiver under section 6304. ``(3) Transmission.--The contract described in paragraph (1) shall require the evaluating agency entering into such contract to transmit to the Comptroller General of the United States the findings of each annual evaluation under paragraph (1). ``(b) Evaluation Criteria.--The Comptroller General of the United States, in consultation with the Secretary, shall establish minimum criteria for evaluating each program established under section 6301(b)(9). Such criteria shall provide for-- ``(1) a description of the implementation of each program established under section 6301(b)(9) and the program's effects on all participants, schools, and communities in the program area, with particular attention given to the effect of parent participation in the life of the school and the level of parental satisfaction with the program; and ``(2) a comparison of the educational achievement of all students in the program area, including a comparison between-- ``(A) students receiving a voluntary public and private parental choice scholarships under section 6301(b)(9); and ``(B) students not receiving a voluntary public and private parental choice scholarships under such section. ``(c) Evaluation Funds.--Pursuant to the authority provided under section 14701, the Secretary shall reserve not more than 0.50 percent of the amount of funds made available under section 6002 to carry out this section. To determine the amount necessary for evaluation purposes, the Secretary shall consider the prospective scale and scope of the evaluation, including the number of local educational agencies conducting voluntary public and private choice programs. ``SEC. 6405. APPLICABILITY. ``(a) Not School Aid.--Subject to subsection (b), funds used under this title to establish a voluntary public and private parental choice program shall be considered assistance to the student and shall not be considered as assistance to any school that chooses to participate in such program. ``(b) No Federal Control.--The Secretary is not permitted to exercise any direction, supervision, or control over curricula, program of instruction, administration, or personnel of any school that chooses to participate in a voluntary public and private choice program established under 6309(b)(9).''.

Helping Empower Low-Income Parents (HELP) Scholarships Amendments of 1998 - Amends title VI (Innovative Education Program Strategies) of the Elementary and Secondary Education Act of 1965 (ESEA) to allow any State that has enacted or will enact a law establishing a voluntary public and private school parental choice scholarship program in compliance with specified ESEA requirements to reserve an additional 15 percent from its annual title IV allotment for use exclusively for such parental choice programs. Requires State educational agencies (SEAs), except in the case of such programs, to distribute 90 percent (currently 85 percent) of title VI funds to local educational agencies (LEAs). (Sec. 4) Includes such parental choice programs among State and local uses of title VI funds. Requires such parental choice programs to be located in an area that has the greatest numbers or percentages of children: (1) living in areas with a high concentration of low-income families; (2) from low-income families; or (3) living in sparsely populated areas. Requires such programs to ensure that program participation is limited to families whose family income does not exceed 185 percent of the poverty line. (Sec. 5) Allows LEAS that establish parental choice programs to apply for education flexibility waivers of certain statutory or regulatory requirements. Requires approval of such waivers by the Secretary of Education or the SEA, as applicable. Prohibits the Secretary from waiving requirements for: (1) civil rights protections and discrimination prohibitions; (2) services provided under the Individuals with Disabilities Education Act; (3) fiscal accountability measures; (4) equitable participation of private school students and teachers; and (5) parental involvement in program activities and services. (Sec. 6) Directs the Comptroller General to make contracts for annual evaluation of each parental choice program. Requires the Secretary of Education to reserve certain funds for such evaluations. Provides that title VI funds to establish a parental choice program shall be considered assistance to the student and shall not be considered as assistance to any school that chooses to participate in such program. Prohibits the Secretary from exercising any direction, supervision, or control over curricula, program of instruction, administration, or personnel of any school that chooses to participate in a parental choice program.

{"src": "billsum_train", "title": "Helping Empower Low-Income Parents (HELP) Scholarships Amendments of 1998"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Campus Fire Safety Right-to-Know Act of 2001''. SEC. 2. DISCLOSURE OF FIRE SAFETY OF CAMPUS BUILDINGS. Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended-- (1) in subsection (a)(1)-- (A) by striking ``and'' at the end of subparagraph (N); (B) by striking the period at the end of subparagraph (O) and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(P) the fire safety report prepared by the institution pursuant to subsection (h).''; and (2) by adding at the end the following new subsection: ``(h) Disclosure of Fire Safety Standards and Measures.-- ``(1) Fire safety reports required.--Each eligible institution participating in any program under this title shall, beginning in academic year 2001-2002, and each year thereafter, prepare, publish, and distribute, through appropriate publications or mailings, to all current students and employees, and to any applicant for enrollment or employment upon request, an annual fire safety report containing at least the following information with respect to the campus fire safety practices and standards of that institution: ``(A) A statement that identifies each student housing facility of the institution, and whether or not that facility is equipped with a fire sprinkler system or other fire safety systems, or both. ``(B) Statistics concerning the occurrence on campus, during the 2 preceding calendar years for which data are available, of fires and false fire alarms in student housing facilities. ``(C) For each such occurrence, a statement of the human injuries or deaths and the structural damage caused by the occurrence. ``(D) Information regarding fire alarms, smoke alarms, the presence of adequate fire escape planning or protocols (as defined in local fire codes), rules on portable electrical appliances, smoking and open flames (such as candles), regular mandatory supervised fire drills, and planned and future improvement in fire safety. ``(2) Rule of construction.--Nothing in this subsection shall be construed to authorize the Secretary to require particular policies, procedures, or practices by institutions of higher education with respect to fire safety. ``(3) Reports.--Each institution participating in any program under this title shall make periodic reports to the campus community on fires and false fire alarms that are reported to local fire departments in a manner that will aid the prevention of similar occurrences. ``(4) Reports to secretary.--On an annual basis, each institution participating in any program under this title shall submit to the Secretary a copy of the statistics required to be made available under paragraph (1)(B). The Secretary shall-- ``(A) review such statistics; ``(B) make copies of the statistics submitted to the Secretary available to the public; and ``(C) in coordination with representatives of institutions of higher education, identify exemplary fire safety policies, procedures, and practices and disseminate information concerning those policies, procedures, and practices that have proven effective in the reduction of campus fires. ``(5) Definitions.--In this subsection, the term `campus' has the meaning provided in subsection (f)(6).''. SEC. 3. REPORT TO CONGRESS BY SECRETARY OF EDUCATION. Within one year after the date of enactment of this Act, the Secretary of Education shall prepare and submit to the Congress a report containing-- (1) an analysis of the current status of fire safety systems in college and university facilities, including sprinkler systems; (2) an analysis of the appropriate fire safety standards to apply to these facilities, which the Secretary shall prepare after consultation with such fire safety experts, representatives of institutions of higher education, and other Federal agencies as the Secretary, in the Secretary's discretion, considers appropriate; (3) an estimate of the cost of bringing all nonconforming dormitories and other campus buildings up to current new building codes; and (4) recommendations from the Secretary concerning the best means of meeting fire safety standards in all college facilities, including recommendations for methods to fund such cost.

Campus Fire Safety Right-to-Know Act of 2001 - Amends the Higher Education Act of 1965 to require each eligible institution participating in any program under title IV (Student Assistance) to: (1) prepare, publish, and distribute to all current students and employees, and to any applicant for enrollment or employment upon request, an annual fire safety report which discloses specified types of information about that institution's campus fire safety standards and practices; (2) make periodic reports to the campus community on fires and false alarms that are reported to local fire departments, to aid in preventing similar occurrences; and (3) submit annually to the Secretary of Education a copy of statistics on campus occurrences of fires and false fire alarms.Directs the Secretary to: (1) review such statistics; (2) make copies available to the public; (3) identify exemplary fire safety policies, procedures, and practices, and disseminate information concerning those policies, procedures, and practices that have proven effective in the reduction of campus fires; and (4) report to the Congress analyses of the current status of fire safety systems in college and university facilities, and of the appropriate fire safety standards to apply to these facilities, as well as cost estimates and recommendations.

{"src": "billsum_train", "title": "To provide for disclosure of fire safety standards and measures with respect to campus buildings, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trusted, Reliable, Unquestioned Method of Procedure for Special Counsel Appointment, Limitations, and Powers Act of 2017'' or the ``TRUMP Special Counsel Act''. SEC. 2. GROUNDS FOR APPOINTING A SPECIAL COUNSEL. (a) In General.--The Attorney General shall appoint a Special Counsel when the Attorney General determines that-- (1) criminal investigation of a person or matter is warranted; (2) that investigation or prosecution of that person or matter by a United States Attorney's Office or litigating Division of the Department of Justice would present a conflict of interest for the Department or other extraordinary circumstances; and (3) under the circumstances, it would be in the public interest to appoint an outside Special Counsel to assume responsibility for the matter. (b) Extraordinary Circumstances.--For the purposes of subsection (a) extraordinary circumstances exist in any criminal investigation-- (1) of the President, Vice President, their spouses or children, or any organization, enterprise, or entity owned by, under the control of, or serving the interests of the President or Vice President; or (2) which involves the activities of agents or entities under the control of or allied with a foreign state acting in concert with agents, organizations or entities associated with the President or the Vice President. SEC. 3. ALTERNATIVES AVAILABLE TO THE ATTORNEY GENERAL. (a) In General.--When matters are brought to the attention of the Attorney General that might warrant consideration of appointment of a Special Counsel, the Attorney General may-- (1) appoint a Special Counsel; (2) direct that an initial investigation, consisting of such factual inquiry or legal research as the Attorney General deems appropriate, be conducted in order to better inform the decision; or (3) conclude that under the circumstances of the matter, the public interest would not be served by removing the investigation from the normal processes of the Department, and that the appropriate component of the Department should handle the matter. (b) Mitigation of Conflicts of Interest.--If the Attorney General reaches the conclusion described in subsection (a)(3), the Attorney General may direct that appropriate steps be taken to mitigate any conflicts of interest, such as recusal of particular officials. SEC. 4. QUALIFICATIONS OF THE SPECIAL COUNSEL. (a) In General.--An individual named as Special Counsel shall be a lawyer with a reputation for integrity and impartial decisionmaking, and with appropriate experience to ensure both that the investigation will be conducted ably, expeditiously and thoroughly, and that investigative and prosecutorial decisions will be supported by an informed understanding of the criminal law and Department of Justice policies. The Special Counsel shall be selected from outside the United States Government. Special Counsels shall agree that their responsibilities as Special Counsel shall take first precedence in their professional lives, and that it may be necessary to devote their full time to the investigation, depending on its complexity and the stage of the investigation. (b) Method of Appointment; Background Investigation.--The Attorney General shall consult with the Assistant Attorney General for Administration to ensure an appropriate method of appointment, and to ensure that a Special Counsel undergoes an appropriate background investigation and a detailed review of ethics and conflicts of interest issues. A Special Counsel shall be appointed as a ``confidential employee'' as defined in section 7511(b)(2)(C) of title 5, United States Code. SEC. 5. JURISDICTION. (a) Original Jurisdiction.--The jurisdiction of a Special Counsel shall be established by the Attorney General. The Attorney General shall provide to the Special Counsel a specific factual statement of the matter to be investigated. The jurisdiction of a Special Counsel shall also include the authority to investigate and prosecute Federal crimes committed in the course of, and with intent to interfere with, the Special Counsel's investigation, such as perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses; and to conduct appeals arising out of any matter being investigated or prosecuted. (b) Additional Jurisdiction.--If in the course of an investigation the Special Counsel concludes that additional jurisdiction beyond that specified in the original jurisdiction is necessary in order to fully investigate and resolve the matters assigned, or to investigate new matters that come to light in the course of the investigation, the Special Counsel shall consult with the Attorney General, who will determine whether to include the additional matters within the Special Counsel's jurisdiction or assign them elsewhere. (c) Civil and Administrative Jurisdiction.--If in the course of an investigation the Special Counsel determines that administrative remedies, civil sanctions or other governmental action outside the criminal justice system might be appropriate, the Special Counsel shall consult with the Attorney General with respect to the appropriate component to take any necessary action. A Special Counsel shall not have civil or administrative authority unless specifically granted such jurisdiction by the Attorney General. SEC. 6. STAFF. A Special Counsel may request the assignment of appropriate Department employees to assist the Special Counsel. The Department shall gather and provide the Special Counsel with the names and resumes of appropriate personnel available for detail. The Special Counsel may also request the detail of specific employees, and the office for which the designated employee works shall make reasonable efforts to accommodate the request. The Special Counsel shall assign the duties and supervise the work of such employees while they are assigned to the Special Counsel. If necessary, the Special Counsel may request that additional personnel be hired or assigned from outside the Department. All personnel in the Department shall cooperate to the fullest extent possible with the Special Counsel. SEC. 7. POWERS AND AUTHORITY. Subject to the limitations in section 8, the Special Counsel shall exercise, within the scope of the Special Counsel's jurisdiction, the full power and independent authority to exercise all investigative and prosecutorial functions of any United States Attorney. Except as provided in this part, the Special Counsel shall determine whether and to what extent to inform or consult with the Attorney General or others within the Department about the conduct of the Special Counsel's duties and responsibilities. SEC. 8. CONDUCT AND ACCOUNTABILITY. (a) Rules of the Department of Justice.--A Special Counsel shall comply with the rules, regulations, procedures, practices and policies of the Department of Justice. The Special Counsel shall consult with appropriate offices within the Department for guidance with respect to established practices, policies and procedures of the Department, including ethics and security regulations and procedures. Should the Special Counsel conclude that the extraordinary circumstances of any particular decision would render compliance with required review and approval procedures by the designated Departmental component inappropriate, the Special Counsel may consult directly with the Attorney General. (b) Supervision by Officials of Department of Justice.--The Special Counsel shall not be subject to the day-to-day supervision of any official of the Department. However, the Attorney General may request that the Special Counsel provide an explanation for any investigative or prosecutorial step, and may after review conclude that the action is so inappropriate or unwarranted under established Departmental practices that it should not be pursued. In conducting that review, the Attorney General will give great weight to the views of the Special Counsel. If the Attorney General concludes that a proposed action by a Special Counsel should not be pursued, the Attorney General shall notify Congress as specified in section 11(a)(3). (c) Ethical Duties.--The Special Counsel and staff shall be subject to disciplinary action for misconduct and breach of ethical duties under the same standards and to the same extent as are other employees of the Department of Justice. Inquiries into such matters shall be handled through the appropriate office of the Department upon the approval of the Attorney General. (d) Discipline and Removal.--The Special Counsel may be disciplined or removed from office only by the personal action of the Attorney General. The Attorney General may remove a Special Counsel for misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause, including violation of Departmental policies. The Attorney General shall inform the Special Counsel in writing of the specific reason for the removal. SEC. 9. NOTIFICATION AND REPORTS BY THE SPECIAL COUNSEL. (a) Budget.-- (1) A Special Counsel shall be provided all appropriate resources by the Department of Justice. Within the first 60 days of appointment, the Special Counsel shall develop a proposed budget for the current fiscal year with the assistance of the Justice Management Division for the Attorney General's review and approval. Based on the proposal, the Attorney General shall establish a budget for the operations of the Special Counsel. The budget shall include a request for assignment of personnel, with a description of the qualifications needed. (2) Thereafter, 90 days before the beginning of each fiscal year, the Special Counsel shall report to the Attorney General the status of the investigation, and provide a budget request for the following year. The Attorney General shall determine whether the investigation should continue and, if so, establish the budget for the next year. (b) Notification of Significant Events.--The Special Counsel shall notify the Attorney General of events in the course of the investigation in conformity with the Departmental guidelines with respect to Urgent Reports. (c) Closing Documentation.--At the conclusion of the Special Counsel's work, the Special Counsel shall provide the Attorney General with a confidential report explaining the prosecution or declination decisions reached by the Special Counsel. SEC. 10. NOTIFICATION AND REPORTS BY THE ATTORNEY GENERAL. (a) Notification.--The Attorney General shall notify the Chairman and Ranking Minority Member of the Judiciary Committees of each House of Congress, with an explanation for each action-- (1) upon appointing a Special Counsel; (2) upon removing any Special Counsel; and (3) upon conclusion of the Special Counsel's investigation, including, to the extent consistent with applicable law, a description and explanation of instances (if any) in which the Attorney General concluded that a proposed action by a Special Counsel was so inappropriate or unwarranted under established Departmental practices that it should not be pursued. (b) Delay of Notification.--The notification requirement in subsection (a)(1) of this section may be tolled by the Attorney General upon a finding that legitimate investigative or privacy concerns require confidentiality. At such time as confidentiality is no longer needed, the notification shall be provided. (c) Public Release.--The Attorney General may determine that public release of these reports would be in the public interest, to the extent that release would comply with applicable legal restrictions. All other releases of information by any Department of Justice employee, including the Special Counsel and staff, concerning matters handled by Special Counsels shall be governed by the generally applicable Departmental guidelines concerning public comment with respect to any criminal investigation, and relevant law. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $100,000,000 for each of the fiscal years 2017 through 2021. (b) Availability.--Funds appropriated under subsection (a) shall remain available until expended.

Trusted, Reliable, Unquestioned Method of Procedure for Special Counsel Appointment, Limitations, and Powers Act of 2017 or the TRUMP Special Counsel Act This bill requires the Attorney General to appoint a special counsel when the Attorney General determines that the investigation or prosecution of a person or matter would present a conflict of interest for the Department of Justice (DOJ) or other extraordinary circumstances exist. Extraordinary circumstances exist in any criminal investigation of the President, Vice President, and their spouses or children, or which involves the activities of agents or entities under the control of a foreign state acting in concert with agents associated with the President or Vice President. The jurisdiction of a special counsel is established by the Attorney General, who shall include a specific factual statement of the matter to be investigated. The special counsel's jurisdiction also includes the authority to investigate and prosecute federal crimes committed with the intent to interfere with the investigation. A special counsel may request the assignment of appropriate DOJ employees to assist him or her. If necessary, the special counsel may request that additional personnel be hired or assigned from outside DOJ. The special counsel shall exercise, within the scope of his or her jurisdiction, the full power and independent authority to exercise all investigative and prosecutorial functions of any U.S. Attorney. The special counsel and staff shall be subject to disciplinary action for misconduct under the same standards as other employees of DOJ. At the conclusion of the special counsel's work, the special counsel must provide the Attorney General with a confidential report explaining prosecution or declination decisions.

{"src": "billsum_train", "title": "Trusted, Reliable, Unquestioned Method of Procedure for Special Counsel Appointment, Limitations, and Powers Act of 2017"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Putting Patients and Providers Ahead of Compressed Regulatory Timelines Act of 2015''. SEC. 2. SUNSETTING CERTAIN PENALTIES RELATING TO MEANINGFUL EHR USE. (a) Eligible Professionals.-- (1) In general.--Section 1848(a)(7) of the Social Security Act (42 U.S.C. 1395w-4(a)(7)) is amended by striking subparagraph (A). (2) Effective date; rebate.-- (A) Effective date.--The amendment made by paragraph (1) shall apply with respect to items and services furnished on or after January 1, 2015. (B) Rebate.--With respect to items and services furnished during the period beginning on January 1, 2015, and ending on the date of the enactment of this Act, the Secretary of Health and Human Services shall implement a method to provide eligible professionals (as defined in section 1848(o)(5)(C) of the Social Security Act (42 U.S.C. 1395w-4(o)(5)(C))) a reimbursement equal to the amount by which-- (i) the amount of reimbursement made under section 1848 of such Act (42 U.S.C. 1395w-4), before application of this subsection, for such items and services furnished during such period by such professionals; is less than (ii) the amount of reimbursement that would have been made under such section, after application of this subsection, for such items and services furnished by such professionals during such period. (b) Eligible Hospitals.-- (1) In general.--Section 1886(b)(3)(B) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)) is amended by striking clause (ix). (2) Effective date; rebate.-- (A) Effective date.--The amendment made by paragraph (1) shall apply with respect to items and services furnished on or after October 1, 2014. (B) Rebate.--With respect to items and services furnished during the period beginning on October 1, 2014, and ending on the date of the enactment of this Act, the Secretary of Health and Human Services shall implement a method to provide eligible hospitals (as defined in section 1886(n)(6)(A) of the Social Security Act (42 U.S.C. 1395ww(n)(6)(A))) a reimbursement equal to the amount by which-- (i) the amount of reimbursement made under section 1886 of such Act (42 U.S.C. 1395ww), before application of this subsection, for such items and services furnished during such period by such hospitals; is less than (ii) the amount of reimbursement that would have been made under such section, after application of this subsection, for such items and services furnished by such hospitals during such period. (c) Critical Access Hospitals.-- (1) In general.--Section 1814(l) of the Social Security Act (42 U.S.C. 1395f(l)) is amended by striking paragraph (4). (2) Effective date; rebate.-- (A) Effective date.--The amendment made by paragraph (1) shall apply with respect to items and services furnished during a reporting period beginning on or after October 1, 2014. (B) Rebate.--With respect to items and services furnished during the period beginning on the first day on which paragraph (1) applies, and ending on the date of the enactment of this Act, the Secretary of Health and Human Services shall implement a method to provide critical access hospitals a reimbursement equal to the amount by which-- (i) the amount of reimbursement made under section 1814 of the Social Security Act (42 U.S.C. 1395f), before application of this subsection, for such items and services furnished during such period by such hospitals; is less than (ii) the amount of reimbursement that would have been made under such section, after application of this subsection, for such items and services furnished by such hospitals during such period. (d) Medicare Advantage.-- (1) In general.--Section 1853 of the Social Security Act (42 U.S.C. 1395w-23) is amended-- (A) in subsection (l)-- (i) in paragraph (1)-- (I) by striking ``paragraphs (3) and (4)'' and inserting ``paragraph (3)''; (II) by striking ``sections 1848(o) and 1848(a)(7)'' and inserting ``section 1848(o)''; and (III) by striking ``and payment adjustments under paragraph (4) shall apply to''; and (ii) by striking paragraph (4); and (B) in subsection (m)-- (i) in paragraph (1)-- (I) by striking ``paragraphs (3) and (4)'' and inserting ``paragraph (3)''; (II) by striking ``sections 1886(n) and 1886(b)(3)(B)(ix)'' and inserting ``section 1886(n)''; and (III) by striking ``and payment adjustments under paragraph (4) shall apply to''; and (ii) by striking paragraph (4). (2) Effective date; rebate.-- (A) Effective date.--The amendments made by paragraph (1) shall apply with respect to items and services furnished during an applicable period beginning on or after October 1, 2014. (B) Rebate.--With respect to items and services furnished during the period beginning on the first day on which paragraph (1) applies, and ending on the date of the enactment of this Act, the Secretary of Health and Human Services shall implement a method to provide MA organizations a reimbursement equal to the amount by which-- (i) the payment amount payable under section 1853 of the Social Security Act (42 U.S.C. 1395w-23) for such organization, before application of this subsection, for such items and services furnished during such period; is less than (ii) the payment amount that would have been payable under such section for such organization, after application of this subsection, for such items and services furnished during such period.

Putting Patients and Providers Ahead of Compressed Regulatory Timelines Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to eliminate provider penalties for failure to comply with electronic health records (EHR) use requirements. Under current law, certain hospitals, Medicare Advantage organizations, and professionals participating in Medicare are subject to negative payment adjustments if they fail to comply with established requirements for EHR use. The bill eliminates these penalties and requires the Centers for Medicare & Medicaid Services to reimburse such providers for payments that they would have received within a specified timeframe had such penalties not been applied.

{"src": "billsum_train", "title": "Putting Patients and Providers Ahead of Compressed Regulatory Timelines Act of 2015"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oil Spill Prevention and Liability Act of 2004''. SEC. 2. DEFINITION OF RESPONSIBLE PARTY. Section 1001(32) of the Oil Pollution Act of 1990 (33 U.S.C. 2701(32)) is amended by striking subparagraph (A) and inserting the following: ``(A) Vessels.-- ``(i) In general.--In the case of a vessel other than a single-hull tank vessel, any person that owns, operates, or demise charters the vessel. ``(ii) Single-hull tank vessels.--In the case of a single-hull tank vessel, any person that-- ``(I) owns, operates, or demise charters the vessel; or ``(II) by contract or agreement, through an agent, or otherwise, arranges for the shipment in a single- hull tank vessel of oil owned or possessed by the person or any other person.''. SEC. 3. LIMITS ON LIABILITY. (a) Increase in Liability Limits.--Section 1004(a) of the Oil Pollution Act of 1990 (33 U.S.C. 2704(a)) is amended-- (1) in paragraph (1)-- (A) by striking ``for a tank vessel, the greater of--'' and inserting ``for a double-hull tank vessel, after December 31, 2004, the greater of--''; (B) in subparagraph (A), by striking ``$1,200'' and inserting ``$2,400''; and (C) in subparagraph (B)-- (i) in clause (i), by striking ``$10,000,000'' and inserting ``$20,000,000''; and (ii) in clause (ii), by striking ``$2,000,000'' and inserting ``$4,000,000''; (2) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; (3) by inserting after paragraph (1) the following: ``(2) for a single-hull tank vessel-- ``(A) during the period beginning January 1, 2005, and ending December 31, 2005, the greater of-- ``(i) $2,400 per gross ton; or ``(ii)(I) in the case of a vessel of greater than 3,000 gross tons, $20,000,000; or ``(II) in the case of a vessel of 3,000 gross tons or less, $4,000,000; ``(B) during the period beginning January 1, 2006, and ending December 31, 2006, the greater of-- ``(i) $3,600 per gross ton; or ``(ii)(I) in the case of a vessel of greater than 3,000 gross tons, $30,000,000; or ``(II) in the case of a vessel of 3,000 gross tons or less, $6,000,000; ``(C) during the period beginning January 1, 2007, and ending December 31, 2007, the greater of-- ``(i) $4,800 per gross ton; or ``(ii)(I) in the case of a vessel of greater than 3,000 gross tons, $40,000,000; or ``(II) in the case of a vessel of 3,000 gross tons or less, $8,000,000; ``(D) during the period beginning January 1, 2008, and ending December 31, 2008, the greater of-- ``(i) $6,000 per gross ton; or ``(ii)(I) in the case of a vessel of greater than 3,000 gross tons, $50,000,000; or ``(II) in the case of a vessel of 3,000 gross tons or less, $10,000,000; ``(E) during the period beginning January 1, 2009, and ending December 31, 2009, the greater of-- ``(i) $7,200 per gross ton; or ``(ii)(I) in the case of a vessel of greater than 3,000 gross tons, $60,000,000; or ``(II) in the case of a vessel of 3,000 gross tons or less, $12,000,000; and ``(F) after December 31, 2009, the maximum amount permitted under the Constitution;''; (4) in paragraph (3) (as redesignated by paragraph (2))-- (A) by striking ``$600'' and inserting ``$1,200''; and (B) by striking ``$500,000'' and inserting ``$1,000,000''; (5) in paragraph (4) (as redesignated by paragraph (2)), by striking ``$75,000,000'' and inserting ``$150,000,000''; and (6) in paragraph (5) (as redesignated by paragraph (2)), by striking ``$350,000,000'' and inserting ``$700,000,000''. (b) Adjustment of Liability Limits.--Section 1004(d) of the Oil Pollution Act of 1990 (33 U.S.C. 2704(d)) is amended-- (1) by striking paragraphs (1) and (2) and inserting the following: ``(1) Deepwater ports and associated vessels.--The Secretary may establish a limit of liability of less than $700,000,000, but not less than $100,000,000, for the transportation of oil by vessel to deepwater ports (as defined in section 3 of the Deepwater Port Act of 1974 (33 U.S.C. 1502)).''; and (2) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (c) Adjustment for Inflation.--Paragraph (2) of section 1004(d) of the Oil Pollution Act of 1990 (33 U.S.C. 2704(d)) (as redesignated by subsection (b)(2)) is amended-- (1) by striking ``The President'' and inserting ``The Secretary of the department in which the Coast Guard is located, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of the Interior,''; and (2) by striking ``significant''. SEC. 4. CARRIAGE OF LIQUID BULK DANGEROUS CARGOES. (a) Conditions for Entry to Ports in the United States.--Section 9 of the Ports and Waterways Safety Act (33 U.S.C. 1228) is amended by adding at the end the following: ``(c) Risk of Severe Harm.--Not later than January 1, 2006, the Secretary of the department in which the Coast Guard is located shall promulgate regulations under which the owner or operator of a port on the navigable waters of the United States may, after December 31, 2009, request the Secretary of the department in which the Coast Guard is located to place restrictions on the entry into port of the shipment of an individual tank vessel, or class of tank vessels, that presents a risk of severe harm to the environment, economy, or public safety of the port or port region.''. (b) Inspection and Examination.--Section 3714(a) of title 46, United States Code, is amended by adding at the end the following: ``(6) In addition to the inspections required under paragraphs (1) and (2), each single-hull tank vessel that is more than 15 years of age shall undergo an annual inspection in accordance with the Condition Assessment Scheme of the Marine Environment Protection Committee of the International Maritime Organization, adopted by Resolution 94(46) on April 27, 2001, as determined in accordance with regulations promulgated by the Secretary.''. SEC. 5. STUDY. (a) Administration.--The Commandant of the Coast Guard shall offer to enter into a contract with the National Academy of Sciences to conduct a study to assess the total economic cost of oil spills, and the types of costs resulting from oil spills, in the United States. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Commandant of the Coast Guard shall submit to Congress a report describing the results of the study. SEC. 6. EFFECTIVE DATE. This Act and the amendments made by this Act take effect on January 1, 2005.

Oil Spill Prevention and Liability Act of 2004 - Amends the Oil Pollution Act of 1990 to double liability limits associated with oil spills for double-hull tank vessels, other vessels, offshore facilities (except deepwater ports), and onshore facilities and deepwater ports. Gradually phases out (over six years) liability limits for single-hull vessels. Authorizes the Secretary of the department in which the Coast Guard is operating to establish separate liability limits for the transportation of oil by vessel to deepwater ports. Amends the Ports and Waterways Safety Act to require the Secretary to promulgate regulations under which port owners or operators may request that the Secretary place restrictions on the entry of tank vessel shipments presenting a risk of severe harm to the environment, economy, or public safety of the port or port region. Requires single-hull tank vessels that are more than 15 years old to undergo annual inspections. Directs the Commandant of the Coast Guard to contract with the National Academy of Sciences for a study assessing the total economic cost of oil spills, and the types of costs resulting from such spills, and to report the findings to Congress.

{"src": "billsum_train", "title": "A bill to amend the Oil Pollution Act of 1990 to prevent oil spills and increase liability limits, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Employee Accountability Act''. SEC. 2. SUSPENSION FOR 14 DAYS OR LESS FOR SENIOR EXECUTIVE SERVICE EMPLOYEES. Paragraph (1) of section 7501 of title 5, United States Code, is amended to read as follows: ``(1) `employee' means-- ``(A) an individual in the competitive service who is not serving a probationary or trial period under an initial appointment or who has completed 1 year of current continuous employment in the same or similar positions under other than a temporary appointment limited to 1 year or less; or ``(B) a career appointee in the Senior Executive Service who-- ``(i) has completed the probationary period prescribed under section 3393(d); or ``(ii) was covered by the provisions of subchapter II of this chapter immediately before appointment to the Senior Executive Service;''. SEC. 3. INVESTIGATIVE LEAVE FOR SENIOR EXECUTIVE SERVICE EMPLOYEES. (a) In General.--Chapter 75 of title 5, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VI--INVESTIGATIVE LEAVE FOR SENIOR EXECUTIVE SERVICE EMPLOYEES ``Sec. 7551. Definitions ``For the purposes of this subchapter-- ``(1) `employee' has the meaning given such term in section 7541; and ``(2) `investigative leave' means a temporary absence without duty for disciplinary reasons, of a period not greater than 90 days. ``Sec. 7552. Actions covered ``This subchapter applies to investigative leave. ``Sec. 7553. Cause and procedure ``(a)(1) Under regulations prescribed by the Office of Personnel Management, an agency may place an employee on investigative leave, without loss of pay and without charge to annual or sick leave, only for misconduct, neglect of duty, malfeasance, or misappropriation of funds. ``(2) If an agency determines that such employee's conduct is serious or flagrant, the agency may place such employee on investigative leave under this subchapter without pay. ``(b)(1) At the end of each 45-day period during a period of investigative leave implemented under this section, the relevant agency shall review the investigation into the employee with respect to the misconduct, neglect of duty, malfeasance, or misappropriation of funds. ``(2) Not later than 5 business days after the end of each such 45- day period, the agency shall submit a report describing such review to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. ``(3) At the end of a period of investigative leave implemented under this section, the agency shall-- ``(A) remove an employee placed on investigative leave under this section; ``(B) suspend such employee without pay; or ``(C) reinstate or restore such employee to duty. ``(4) The agency may extend the period of investigative leave with respect to an action under this subchapter for an additional period not to exceed 90 days. ``(c) An employee against whom an action covered by this subchapter is proposed is entitled to, before being placed on investigative leave under this section-- ``(1) at least 30 days' advance written notice, stating specific reasons for the proposed action, unless-- ``(A) there is reasonable cause to believe that the employee has committed a crime for which a sentence of imprisonment can be imposed; or ``(B) the agency determines that the employee's conduct with respect to which an action covered by this subchapter is proposed is serious or flagrant as prescribed in regulation by the Office of Personnel Management; ``(2) a reasonable time, but not less than 7 days, to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer; ``(3) be represented by an attorney or other representative; and ``(4) a written decision and specific reasons therefor at the earliest practicable date. ``(d) An agency may provide, by regulation, for a hearing which may be in lieu of or in addition to the opportunity to answer provided under subsection (c)(2). ``(e) An employee against whom an action is taken under this section is entitled to appeal to the Merit Systems Protection Board under section 7701. ``(f) Copies of the notice of proposed action, the answer of the employee when written, and a summary thereof when made orally, the notice of decision and reasons therefor, and any order effecting an action covered by this subchapter, together with any supporting material, shall be maintained by the agency and shall be furnished to the Merit Systems Protection Board upon its request and to the employee affected upon the employee's request.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 75 of title 5, United States Code, is amended by adding after the item relating to section 7543 the following: ``subchapter vi--investigative leave for senior executive service employees ``7551. Definitions. ``7552. Actions covered. ``7553. Cause and procedure.''. SEC. 4. SUSPENSION OF SENIOR EXECUTIVE SERVICE EMPLOYEES. Section 7543 of title 5, United States Code, is amended-- (1) in subsection (a), by inserting ``misappropriation of funds,'' after ``malfeasance,''; and (2) in subsection (b), by amending paragraph (1) to read as follows: ``(1) at least 30 days' advance written notice, stating specific reasons for the proposed action, unless-- ``(A) there is reasonable cause to believe that the employee has committed a crime for which a sentence of imprisonment can be imposed; or ``(B) the agency determines that the employee's conduct with respect to which an action covered by this subchapter is proposed is serious or flagrant as prescribed in regulation by the Office of Personnel Management;''. SEC. 5. MISAPPROPRIATION OF FUNDS AMENDMENTS. (a) Reinstatement in the Senior Executive Service.--Section 3593 of title 5, United States Code, is amended-- (1) in subsection (a)(2), by inserting ``misappropriation of funds,'' after ``malfeasance,''; and (2) in subsection (b), by striking ``or malfeasance'' and inserting ``malfeasance, or misappropriation of funds''. (b) Placement in Other Personnel Systems.--Section 3594(a) of title 5, United States Code, is amended by striking ``or malfeasance'' and inserting ``malfeasance, or misappropriation of funds''. Passed the House of Representatives December 19, 2012. Attest: KAREN L. HAAS, Clerk.

Government Employee Accountability Act - Sets forth investigative leave requirements for federal employees in the competitive service and Senior Executive Service (SES) career employees. Defines "investigative leave" as a temporary absence without duty for disciplinary reasons, for up to 90 days. Authorizes a federal agency to place an employee on investigative leave: (1) without loss of pay and without charge to annual or sick leave only for misconduct, neglect of duty, malfeasance, or misappropriation of funds; or (2) without pay if such employee's conduct is determined to be serious or flagrant. Requires an agency head to: (1) review the investigation into an employee's misconduct, neglect of duty, malfeasance, or misappropriation of funds at the end of each 45-day investigative period; (2) report on such review to the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs not later than 5 business days after the end of each 45-day period; and (3) remove, suspend without pay, or reinstate or restore such employee to duty at the end of the investigative leave period. Allows an agency to extend a period of investigative leave for an additional period not to exceed 90 days. Entitles an employee, before being placed on investigative leave, to: (1) at least 30-days' advance written notice, stating specific reasons for the proposed action, unless there is reasonable cause to believe that the employee has committed a crime for which a sentence of imprisonment can be imposed or unless the agency head determines that the employee's conduct is serious or flagrant; (2) a reasonable time, but not less than 7 days, to answer orally and in writing and to furnish affidavits and other evidence in support of the answer; (3) be represented by an attorney or other representative; and (4) a written decision with specific reasons at the earliest practicable date. Entitles an employee who is placed on administrative leave to appeal to the Merit Systems Protection Board (MSPB). Includes misappropriation of funds as a ground in suspending or reinstating an SES employee or placing such employee in another civil service position.

{"src": "billsum_train", "title": "To amend title 5, United States Code, to provide for investigative leave requirements with respect to Senior Executive Service employees, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community College Partnership Act of 2003''. SEC. 2. COMMUNITY COLLEGE OPPORTUNITY; COLLEGE PREPARATION PROGRAMS AUTHORIZED. Subpart 2 of part A of title IV of the Higher Education Act of 1965 is amended-- (1) by redesignating section 407E as section 406E; and (2) by inserting after chapter 3 (20 U.S.C. 1070a-31 et seq.) the following new chapter: ``CHAPTER 4--COMMUNITY COLLEGE OPPORTUNITY ``SEC. 407A. PURPOSE. ``It is the purpose of this chapter to enhance opportunities of students at community or technical colleges to transfer to 4-year institutions and complete bachelor's degrees. ``SEC. 407B. ACTIVITIES. ``(a) Grants Authorized.--From the amounts appropriated under section 407D, the Secretary shall award grants to an eligible partnership that includes-- ``(1) 1 or more community or technical colleges that award associate's degrees; and ``(2) 1 or more institutions of higher education that offer a baccalaureate or postbaccalaureate degree not awarded by the institutions described in paragraph (1) with which it is partnered. ``(b) Use of Funds.--Grants awarded under this part shall be used for-- ``(1) the development of policies to expand opportunities for community or technical college students to earn bachelor's degrees, including promoting the transfer of academic credits between institutions and expanding articulation and guaranteed transfer agreements; ``(2) support services to students participating in the program, such as tutoring, mentoring, and academic and personal counseling, as well as any service that facilitates the transition of students from the community or technical college to the partner institution; ``(3) need-based scholarships to transfer students for their 3d and 4th years of undergraduate education; ``(4) academic program enhancements at the community or technical college that result in increasing the quality of the program offered and the number of student participants in the dual degree program offered in conjunction with a baccalaureate degree granting institution; and ``(5) programs to identify barriers that inhibit student transfers. ``(c) Applications.--Any institution, or a consortia or system of higher education, that desires to obtain a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information or assurances as the Secretary may require. ``(d) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out this section. ``SEC. 407C. SCHOLARSHIPS. ``(a) Amounts.--Scholarships awarded under this chapter shall, to the extent possible from the funds available, provide the additional amount of tuition and fees charged the participating student by the partner institution in excess of the amount of tuition and fees charged the student by the community or technical college. ``(b) Effect on Other Aid.--Scholarships awarded under this chapter shall not be considered for the purposes of awarding Federal Pell Grants under subpart 1 of part A of title IV, except that in no case shall the total amount of student financial assistance awarded to a student under this chapter and title IV exceed the student's cost of attendance, as defined in section 472. ``SEC. 407D. DEFINITION. ``For the purpose of this part, the term `community or technical college' means an institution of higher education-- ``(1) that admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located and who have the ability to benefit from the training offered by the institution; ``(2) that predominately does not provide an educational program for which it awards a bachelor's degree (or an equivalent degree); ``(3) that-- ``(A) provides an educational program of not less than 2 years that is acceptable for full credit toward such a degree; or ``(B) offers a 2-year program in engineering, mathematics, or the physical or biological sciences, designed to prepare a student to work as a technician or at the semiprofessional level in engineering, scientific, or other technological fields requiring the understanding and application of basic engineering, scientific, or mathematical principles of knowledge; and ``(4) that is accredited by a regional accrediting agency or association recognized by the Secretary under section 496. ``SEC. 407E. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated $70,000,000 to carry out this chapter for fiscal year 2004 and such sums as may be necessary for each of the 3 succeeding fiscal years.''.

Community College Partnership Act of 2003 - Amends the Higher Education Act of 1965 to establish a community college opportunity program to help students at community or technical colleges to transfer to four-year institutions and complete bachelor's degrees.Directs the Secretary of Education to award program grants to eligible partnerships that include one or more community or technical colleges that award associate's degrees and one or more institutions of higher education that offer a baccalaureate or postbaccalaureate degree not awarded by the partner colleges. Requires funds from such grants to be used for: (1) development of policies to expand opportunities for community or technical college students to earn bachelor's degrees, including promoting the transfer of academic credits between institutions and expanding articulation and guaranteed transfer agreements; (2) support services to students participating in the program, including tutoring, mentoring, academic and personal counseling, and transition facilitation; (3) need-based scholarships to transfer students for their third and fourth years of undergraduate education; (4) academic program enhancements at the community or technical college that increase program quality and the number of student participants in the dual degree program offered in conjunction with a baccalaureate degree granting institution; and (5) programs to identify barriers that inhibit student transfers.

{"src": "billsum_train", "title": "To encourage partnerships between community colleges and four-year colleges and universities."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Credit Card Consumer Protection Act of 1997''. SEC. 2. FEES FOR ON-TIME PAYMENTS PROHIBITED. Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by inserting the following new subsection after subsection (h) (as added by section 2 of this Act): ``(i) Fees for On-Time Payments Prohibited.-- ``(1) In general.--In the case of any credit card account under an open-end consumer credit plan, no minimum finance charge for any period (including any annual period), and no fee in lieu of a minimum finance charge, may be imposed with regard to such account or credit extended under such account solely on the basis that any credit extended has been repaid in full before the end of any grace period applicable with respect to the extension of credit. ``(2) Scope of application.--Paragraph (1) shall not be construed as-- ``(A) prohibiting the imposition of any flat annual fee which may be imposed on the consumer in advance of any annual period to cover the cost of maintaining a credit card account during such annual period without regard to whether any credit is actually extended under such account during such period; or ``(B) otherwise affecting the imposition of the actual finance charge applicable with respect to any credit extended under such account during such annual period at the annual percentage rate disclosed to the consumer in accordance with this title for the period of time any such credit is outstanding.''. SEC. 3. FREEZE ON INTEREST RATE TERMS AND FEES ON CANCELED CARDS. Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by inserting the following new subsection after subsection (i) (as added by section 3 of this Act): ``(j) Freeze on Interest Rate Terms and Fees on Canceled Cards.-- ``(1) Advance notice of increase in interest rate required.--In the case of any credit card account under an open-end consumer credit plan, no increase in any annual percentage rate of interest (other than an increase due solely to a change in another rate of interest to which such rate is indexed) applicable to any outstanding balance of credit under such plan may take effect before the beginning of the billing cycle which begins not less than 15 days after the accountholder receives notice of such increase. ``(2) Increase not effective for canceled accounts.--If an accountholder referred to in paragraph (1) cancels the credit card account before the beginning of the billing cycle referred to in such paragraph and surrenders all unexpired credit cards issued in connection with such account-- ``(A) an annual percentage rate of interest applicable after the cancellation with respect to the outstanding balance on such account as of the date of cancellation may not exceed any annual percentage rate of interest applicable with respect to such balance under the terms and conditions in effect before the increase referred to in paragraph (1); and ``(B) the repayment of such outstanding balance after the cancellation shall be subject to all other terms and conditions applicable with respect to such account before the increase referred to in such paragraph. ``(3) Notice of right to cancel.--The notice referred to in paragraph (1) with respect to an increase in annual percentage rate of interest shall contain a brief description of the right of the consumer-- ``(A) to cancel the account before the effective date of the increase; and ``(B) after such cancellation, to pay any balance outstanding on such account at the time of cancellation in accordance with the terms and conditions in effect before the cancellation.''. SEC. 4. DISCLOSURE OF FEES AND INTEREST RATES ON CREDIT ADVANCES THROUGH THE USE OF 3D PARTY CHECKS. Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by inserting the following new subsection after subsection (k) (as added by section 5 of this Act): ``(l) Fees and Interest Rates on Credit Advances Through the Use of 3d Party Checks.-- ``(1) In general.--In the case of any credit card account under an open-end consumer credit plan, a creditor may not provide the accountholder with any negotiable or transferable instrument for use in making an extension of credit to the accountholder for the purpose of making a transfer to a 3d party, unless the creditor has fully satisfied the notice requirements of paragraph (2) with respect to such instrument. ``(2) Notice requirements.--A creditor meets the notice requirements of this paragraph with respect to an instrument referred to in paragraph (1) if the creditor provides, to an accountholder at the same time any such instrument is provided, a notice which prominently and specifically describes-- ``(A) the amount of any transaction fee which may be imposed for making an extension of credit through the use of such instrument, including the exact percentage rate to be used in determining such amount if the amount of the transaction fee is expressed as a percentage of the amount of the credit extended; and ``(B) any annual percentage rate of interest applicable in determining the finance charge for any such extension of credit.''. SEC. 5. PROHIBITION ON OVER-THE-LIMIT FEES IN CREDITOR-APPROVED TRANSACTIONS. Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by inserting the following new subsection after subsection (l) (as added by section 6 of this Act): ``(m) Limitation on Imposition of Over-the-Limit Fees.--In the case of any credit card account under an open-end consumer credit plan, a creditor may not impose any fee on the accountholder for any extension of credit in excess of the amount of credit authorized to be extended with respect to such account if the extension of credit is made in connection with a credit transaction which the creditor approves in advance or at the time of the transaction.''. SEC. 6. PROHIBITION ON 2-CYCLE BILLING. Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by inserting the following new subsection after subsection (m) (as added by section 7 of this Act): ``(n) Prohibition on 2-Cycle Billing.--In the case of any credit card account under an open-end consumer credit plan, if the creditor provides, with regard to any new extension of credit under such account, a period during which such extension of credit may be repaid without incurring a finance charge for such extension of credit, no finance charge may subsequently be imposed for such period with regard to any unpaid balance (as of the end of such period) of such extension of credit.''. SEC. 7. DISCLOSURES RELATED TO ``TEASER RATES''. Section 127(c) of the Truth in Lending Act (15 U.S.C. 1637(c)) is amended-- (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4) the following new paragraph: ``(5) Additional notice concerning `teaser rates'.-- ``(A) In general.--If any application or solicitation for a credit card for which a disclosure is required under this subsection offers, for an introductory period of less than 1 year, an annual percentage rate of interest which-- ``(i) is less than the annual percentage rate of interest which will apply after the end of such introductory period; or ``(ii) in the case of an annual percentage rate which varies in accordance with an index, which is less than the current annual percentage rate under the index which will apply after the end of such period, the application or solicitation shall contain the disclosure contained in subparagraph (B) or (C), as the case may be. ``(B) Fixed annual percentage rate.--If the annual percentage rate which will apply after the end of the introductory period will be a fixed rate, the application or solicitation shall include the following disclosure: ``The annual percentage rate of interest applicable during the introductory period is not the annual percentage rate which will apply after the end of the introductory period. The permanent annual percentage rate will apply after (insert date) and will be (insert percentage rate).''. ``(C) Variable annual percentage rate.--If the annual percentage rate which will apply after the end of the introductory period will vary in accordance with an index, the application or solicitation shall include the following disclosure: ``The annual percentage rate of interest applicable during the introductory period is not the annual percentage rate which will apply after the end of the introductory period. The permanent annual percentage rate will be determined by an index and will apply after (insert date). If the index which will apply after such date were applied to your account today, the annual percentage rate would be (insert percentage rate).''. ``(D) Form of disclosure.--The disclosure required under this paragraph shall be made in a clear and conspicuous manner in a form at least as prominent as the disclosure of the annual percentage rate of interest which will apply during the introductory period.''.

Credit Card Consumer Protection Act of 1997 - Amends the Truth in Lending Act to: (1) prohibit fee assessment against a credit card account under an open-end consumer credit plan solely on the basis of on-time payments; (2) require advance notice of any interest rate increase for a credit card account, and of the consumer's right to cancel such account before the effective date of that increase; and (3) prohibit post-cancellation increases in interest rates and fees on the outstanding balance of any canceled cards. Mandates disclosure to a credit card account holder of the fees and interest rates imposed upon credit advances through the use of third party checks. Proscribes over-the-limit fees in creditor-approved transactions, and two-cycle billing. Prescribes additional notice requirements governing introductory rates to identify the fixed and variable interest rate which will apply following the introductory period.

{"src": "billsum_train", "title": "Credit Card Consumer Protection Act of 1997"}

SECTION 1. SUSPENSION OF HIGHWAY FUELS TAXES. (a) Suspension of Highway Fuel Taxes on Gasoline, Diesel Fuel, and Kerosene.-- (1) In general.--Section 4081 of the Internal Revenue Code of 1986 (relating to imposition of tax on gasoline, diesel fuel, and kerosene) is amended by adding at the end the following new subsection: ``(f) Suspension of Taxes on Gasoline, Diesel Fuel, and Kerosene.-- ``(1) In general.--During the suspension period, each rate of tax referred to in paragraph (2) shall be reduced to zero cents per gallon. ``(2) Rates of tax.--The rates of tax referred to in this paragraph are the rates of tax otherwise applicable under-- ``(A) clauses (i) and (iii) of subsection (a)(2)(A) (relating to gasoline, diesel fuel, and kerosene), determined after application of subsection (a)(2)(B) and without regard to subsection (a)(2)(C), and ``(B) paragraph (1) of section 4041(a) (relating to diesel fuel and kerosene) with respect to fuel sold for use or used in a diesel-powered highway vehicle. ``(3) Suspension period.--For purposes of this subsection, the term `suspension period' means the 90-day period beginning on the day after the date of the enactment of this subsection. ``(4) Maintenance of trust fund deposits.--In determining the amounts to be appropriated to the Highway Trust Fund under section 9503 and to the Leaking Underground Storage Tank Trust Fund under section 9508, an amount equal to the reduction in revenues to the Treasury by reason of this subsection shall be treated as taxes received in the Treasury under this section or section 4041.''. (2) Effective date.--The amendment made by this subsection shall take effect on the date of the enactment of this Act. (b) Floor Stock Refunds.-- (1) In general.--If-- (A) before the tax suspension date, tax has been imposed under section 4081 of the Internal Revenue Code of 1986 on any highway motor fuel, and (B) on such date such fuel is held by a dealer and has not been used and is intended for sale, there shall be credited or refunded (without interest) to the person who paid such tax (hereafter in this subsection referred to as the ``taxpayer'') an amount equal to the excess of the tax paid by the taxpayer over the tax which would be imposed on such fuel had the taxable event occurred on such date. (2) Time for filing claims.--No credit or refund shall be allowed or made under this subsection unless-- (A) claim therefor is filed with the Secretary of the Treasury before the date which is 6 months after the tax suspension date based on a request submitted to the taxpayer before the date which is 3 months after the tax suspension date by the dealer who held the highway motor fuel on such date, and (B) the taxpayer has repaid or agreed to repay the amount so claimed to such dealer or has obtained the written consent of such dealer to the allowance of the credit or the making of the refund. (3) Exception for fuel held in retail stocks.--No credit or refund shall be allowed under this subsection with respect to any highway motor fuel in retail stocks held at the place where intended to be sold at retail. (4) Definitions.--For purposes of this subsection-- (A) Tax suspension date.--The term ``tax suspension date'' means the first day of the suspension period in effect under section 4081(f) of the Internal Revenue Code of 1986 (as added by subsection (a) of this section). (B) Highway motor fuel.--The term ``highway motor fuel'' has the meaning given such term for purposes of subsection (c). (C) Other terms.--The terms ``dealer'' and ``held by a dealer'' have the respective meanings given to such terms by section 6412 of such Code. (5) Certain rules to apply.--Rules similar to the rules of subsections (b) and (c) of section 6412 of such Code shall apply for purposes of this subsection. (c) Floor Stocks Tax.-- (1) Imposition of tax.--In the case of any highway motor fuel which is held on the tax restoration date by any person, there is hereby imposed a floor stocks tax equal to the excess of the tax which would be imposed on such fuel had the taxable event occurred on such date over the tax (if any) previously paid (and not credited or refunded) on such fuel. (2) Liability for tax and method of payment.-- (A) Liability for tax.--The person holding highway motor fuel on the tax restoration date to which the 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. (C) Time for payment.--The tax imposed by paragraph (1) shall be paid on or before the 45th day after the tax restoration date. (3) Definitions.--For purposes of this subsection-- (A) Tax restoration date.--The term ``tax restoration date'' means the first day after the suspension period (as defined in section 4081(f) of the Internal Revenue Code of 1986). (B) Highway motor fuel.--The term ``highway motor fuel'' means any liquid on which tax would have been imposed under section 4081 of the Internal Revenue Code of 1986 during the suspension period in effect under section 4081(f) of such Code but for the amendments made by subsection (a). (C) Held by a person.--A highway motor fuel shall be considered as held by a person if title thereto has passed to such person (whether or not delivery to the person has been made). (D) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (4) Exception for exempt uses.--The tax imposed by paragraph (1) shall not apply to any highway motor fuel held by any person exclusively for any use to the extent a credit or refund of the tax is allowable for such use. (5) Exception for certain amounts of fuel.-- (A) In general.--No tax shall be imposed by paragraph (1) on any highway motor fuel held on the tax restoration date by any person if the aggregate amount of such highway motor fuel held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this subparagraph. (B) Exempt fuel.--For purposes of subparagraph (A), there shall not be taken into account any highway motor fuel held by any person which is exempt from the tax imposed by paragraph (1) by reason of paragraph (4). (C) Controlled groups.--For purposes of this subsection-- (i) Corporations.-- (I) In general.--All persons treated as a controlled group shall be treated as 1 person. (II) Controlled group.--The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (ii) Nonincorporated persons under common control.--Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of persons under common control if 1 or more of such persons is not a corporation. (6) Other laws applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply with respect to the floor stock taxes imposed by paragraph (1) to the same extent as if such taxes were imposed by such section. SEC. 2. OIL AND GAS LEASING PROGRAM. (a) Definitions.--In this section: (1) Coastal plain.--The term ``Coastal Plain'' means the area identified as the Coastal Plain on the map prepared by the United States Geological Survey, entitled ``Arctic National Wildlife Refuge 1002 Coastal Plain Area'', dated September 2005, and on file with the United States Geological Survey. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Bureau of Land Management. (b) Program.-- (1) In general.--Congress-- (A) authorizes the leasing, development, production, and transportation of oil and gas in and from the Coastal Plain; and (B) directs the Secretary to take such actions as are necessary to-- (i) establish and implement an environmentally sound competitive oil and gas leasing program to carry out the activities authorized under subparagraph (A); and (ii) conduct 2 lease sales before October 1, 2010. (2) Administration.--The Secretary shall administer this section through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that ensure the oil and gas exploration, development, production, and transportation activities on the Coastal Plain are carried out in a manner that will ensure the receipt of fair market value by the public for the mineral resources to be leased. (c) 2 Lease Sales Before Fiscal Year 2011.-- (1) In general.--In order to enable the Secretary to hold 2 lease sales before October 1, 2010, this subsection shall apply with respect to the oil and gas leasing program established by the Secretary pursuant to this section. (2) Purposes.--For purposes of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.) and amendments made by that Act, the oil and gas leasing program and activities authorized by this section in the Coastal Plain are deemed to be compatible with the purposes for which the Arctic National Wildlife Refuge was established, and no further findings or decisions are required to implement this determination of compatibility. (3) Prelease activities.--The Final Legislative Environmental Impact Statement on the Coastal Plain dated April 1987 and prepared pursuant to section 1002 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3142) and section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) is deemed to satisfy the requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) that apply with respect to prelease activities, including actions authorized to be taken by the Secretary to develop and promulgate regulations for the establishment of the leasing program authorized by this section before the conduct of the first lease sale. (4) Preferred action.-- (A) Nonleasing alternatives.--With respect to any environmental impact statement prepared by the Secretary under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any lease sale conducted under the leasing program authorized by this section, the Secretary is not required to identify nonleasing alternative courses of action or to analyze the environmental effects of those courses of action. (B) Leasing alternatives.--The Secretary shall only identify a preferred action for leasing and a single leasing alternative, and analyze the environmental effects and potential mitigation measures for the preferred action and leasing alternative. (C) Deadline.--The identification and related analyses required by subparagraph (B) shall be completed within 18 months after the date of enactment of this Act. (D) Public comments.--The Secretary shall only consider public comments that are filed within 30 days after publication of an environmental analysis. (E) Compliance.--Compliance with this paragraph satisfies all requirements of section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) for the analysis and consideration of the environmental effects of proposed leasing under this section. (5) Expedited judicial review.-- (A) Venue; deadline.--Any complaint seeking judicial review of this section or any action of the Secretary under this section shall be filed in the United States Court of Appeals for the District of Columbia-- (i) within the 90-day period beginning on the date of the action being challenged; or (ii) in the case of a complaint based solely on grounds arising after that period, within 90 days after the complainant knew or reasonably should have known of the grounds for the complaint. (B) Scope.--Judicial review of a decision of the Secretary to conduct a lease sale under this section (including the environmental analysis of the decision) shall be-- (i) limited to whether the Secretary has complied with this section; and (ii) based on the administrative record of that decision. (d) Rights-of-Way.--For purposes of section 1102(4)(A) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3162(4)(A)), any rights-of-way or easements across the Coastal Plain for the exploration, development, production, or transportation of oil and gas shall be considered to be established incident to the management of the Coastal Plain under this section. (e) Maximum Surface Acreage.--In administering this section, the Secretary shall ensure that the maximum quantity of surface acreage covered by production and support facilities (including airstrips and any area covered by gravel berms or piers for support of pipelines) does not exceed 2,000 acres on the Coastal Plain.

Amends the Internal Revenue Code to suspend excise taxes on gasoline, diesel fuel, and kerosene for a 90-day period after the enactment of this Act (suspension period). Provides for the reimbursement of the Highway Trust Fund and the Leaking Underground Storage Tank Trust Fund for tax receipts lost during the suspension period. Directs the Secretary of the Interior, acting through the Bureau of Land Management (BLM), to: (1) establish an oil and gas leasing program in the Coastal Plain, defined as the Arctic National Wildlife Refuge (ANWR) 102 Coastal Plain Area; and (2) conduct two lease sales before October 1, 2010.

{"src": "billsum_train", "title": "To suspend the Federal highway fuels taxes, to authorize the leasing, development, production, and transportation of oil and gas in and from the Coastal Plain of Alaska, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Energy Supply and Resiliency Act of 2015''. SEC. 2. DEFINITIONS. In this Act: (1) Combined heat and power system.--The term ``combined heat and power system'' means generation of electric energy and heat in a single, integrated system that meets the efficiency criteria in clauses (ii) and (iii) of section 48(c)(3)(A) of the Internal Revenue Code of 1986, under which heat that is conventionally rejected is recovered and used to meet thermal energy requirements. (2) Demand response.--The term ``demand response'' means changes in electric usage by electric utility customers from the normal consumption patterns of the customers in response to-- (A) changes in the price of electricity over time; or (B) incentive payments designed to induce lower electricity use at times of high wholesale market prices or when system reliability is jeopardized. (3) Distributed energy.--The term ``distributed energy'' means energy sources and systems that-- (A) produce electric or thermal energy close to the point of use using renewable energy resources or waste thermal energy; (B) generate electricity using a combined heat and power system; (C) distribute electricity in microgrids; (D) store electric or thermal energy; or (E) distribute thermal energy or transfer thermal energy to building heating and cooling systems through a district energy system. (4) District energy system.--The term ``district energy system'' means a system that provides thermal energy to buildings and other energy consumers from 1 or more plants to individual buildings to provide space heating, air conditioning, domestic hot water, industrial process energy, and other end uses. (5) Islanding.--The term ``islanding'' means a distributed generator or energy storage device continuing to power a location in the absence of electric power from the primary source. (6) Loan.--The term ``loan'' has the meaning given the term ``direct loan'' in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a). (7) Microgrid.--The term ``microgrid'' means an integrated energy system consisting of interconnected loads and distributed energy resources, including generators and energy storage devices, within clearly defined electrical boundaries that-- (A) acts as a single controllable entity with respect to the grid; and (B) can connect and disconnect from the grid to operate in both grid-connected mode and island mode. (8) Renewable energy source.--The term ``renewable energy source'' includes-- (A) biomass; (B) geothermal energy; (C) hydropower; (D) landfill gas; (E) municipal solid waste; (F) ocean (including tidal, wave, current, and thermal) energy; (G) organic waste; (H) photosynthetic processes; (I) photovoltaic energy; (J) solar energy; and (K) wind. (9) Renewable thermal energy.--The term ``renewable thermal energy'' means heating or cooling energy derived from a renewable energy resource. (10) Secretary.--The term ``Secretary'' means the Secretary of Energy. (11) Thermal energy.--The term ``thermal energy'' means-- (A) heating energy in the form of hot water or steam that is used to provide space heating, domestic hot water, or process heat; or (B) cooling energy in the form of chilled water, ice, or other media that is used to provide air conditioning, or process cooling. (12) Waste thermal energy.--The term ``waste thermal energy'' means energy that-- (A) is contained in-- (i) exhaust gases, exhaust steam, condenser water, jacket cooling heat, or lubricating oil in power generation systems; (ii) exhaust heat, hot liquids, or flared gas from any industrial process; (iii) waste gas or industrial tail gas that would otherwise be flared, incinerated, or vented; (iv) a pressure drop in any gas, excluding any pressure drop to a condenser that subsequently vents the resulting heat; (v) condenser water from chilled water or refrigeration plants; or (vi) any other form of waste energy, as determined by the Secretary; and (B)(i) in the case of an existing facility, is not being used; or (ii) in the case of a new facility, is not conventionally used in comparable systems. SEC. 3. DISTRIBUTED ENERGY LOAN PROGRAM. (a) Loan Program.-- (1) In general.--Subject to the provisions of this subsection and subsections (b) and (c), the Secretary shall establish a program to provide to eligible entities-- (A) loans for the deployment of distributed energy systems in a specific project; and (B) loans to provide funding for programs to finance the deployment of multiple distributed energy systems through a revolving loan fund, credit enhancement program, or other financial assistance program. (2) Eligibility.--Entities eligible to receive a loan under paragraph (1) include-- (A) a State, territory, or possession of the United States; (B) a State energy office; (C) a tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)); (D) an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); and (E) an electric utility, including-- (i) a rural electric cooperative; (ii) a municipally owned electric utility; and (iii) an investor-owned utility. (3) Selection requirements.--In selecting eligible entities to receive loans under this section, the Secretary shall, to the maximum extent practicable, ensure-- (A) regional diversity among eligible entities to receive loans under this section, including participation by rural States and small States; and (B) that specific projects selected for loans-- (i) expand on the existing technology deployment program of the Department of Energy; and (ii) are designed to achieve 1 or more of the objectives described in paragraph (4). (4) Objectives.--Each deployment selected for a loan under paragraph (1) shall include 1 or more of the following objectives: (A) Improved security and resiliency of energy supply in the event of disruptions caused by extreme weather events, grid equipment or software failure, or terrorist acts. (B) Implementation of distributed energy in order to increase use of local renewable energy resources and waste thermal energy sources. (C) Enhanced feasibility of microgrids, demand response, or islanding; (D) Enhanced management of peak loads for consumers and the grid. (E) Enhanced reliability in rural areas, including high energy cost rural areas. (5) Restriction on use of funds.--Any eligible entity that receives a loan under paragraph (1) may only use the loan to fund programs relating to the deployment of distributed energy systems. (b) Loan Terms and Conditions.-- (1) Terms and conditions.--Notwithstanding any other provision of law, in providing a loan under this section, the Secretary shall provide the loan on such terms and conditions as the Secretary determines, after consultation with the Secretary of the Treasury, in accordance with this section. (2) Specific appropriation.--No loan shall be made unless an appropriation for the full amount of the loan has been specifically provided for that purpose. (3) Repayment.--No loan shall be made unless the Secretary determines that there is reasonable prospect of repayment of the principal and interest by the borrower of the loan. (4) Interest rate.--A loan provided under this section shall bear interest at a fixed rate that is equal or approximately equal, in the determination of the Secretary, to the interest rate for Treasury securities of comparable maturity. (5) Term.--The term of the loan shall require full repayment over a period not to exceed the lesser of-- (A) 20 years; or (B) 90 percent of the projected useful life of the physical asset to be financed by the loan (as determined by the Secretary). (6) Use of payments.--Payments of principal and interest on the loan shall-- (A) be retained by the Secretary to support energy research and development activities; and (B) remain available until expended, subject to such conditions as are contained in annual appropriations Acts. (7) No penalty on early repayment.--The Secretary may not assess any penalty for early repayment of a loan provided under this section. (8) Return of unused portion.--In order to receive a loan under this section, an eligible entity shall agree to return to the general fund of the Treasury any portion of the loan amount that is unused by the eligible entity within a reasonable period of time after the date of the disbursement of the loan, as determined by the Secretary. (9) Comparable wage rates.--Each laborer and mechanic employed by a contractor or subcontractor in performance of construction work financed, in whole or in part, by the loan shall be paid wages at rates not less than the rates prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. (c) Rules and Procedures; Disbursement of Loans.-- (1) Rules and procedures.--Not later than 180 days after the date of enactment of this Act, the Secretary shall adopt rules and procedures for carrying out the loan program under subsection (a). (2) Disbursement of loans.--Not later than 1 year after the date on which the rules and procedures under paragraph (1) are established, the Secretary shall disburse the initial loans provided under this section. (d) Reports.--Not later than 2 years after the date of receipt of the loan, and annually thereafter for the term of the loan, an eligible entity that receives a loan under this section shall submit to the Secretary a report describing the performance of each program and activity carried out using the loan, including itemized loan performance data. (e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as are necessary. SEC. 4. TECHNICAL ASSISTANCE AND GRANT PROGRAM. (a) Establishment.-- (1) In general.--The Secretary shall establish a technical assistance and grant program (referred to in this section as the ``program'')-- (A) to disseminate information and provide technical assistance directly to eligible entities so the eligible entities can identify, evaluate, plan, and design distributed energy systems; and (B) to make grants to eligible entities so that the eligible entities may contract to obtain technical assistance to identify, evaluate, plan, and design distributed energy systems. (2) Technical assistance.--The technical assistance described in paragraph (1) shall include assistance with 1 or more of the following activities relating to distributed energy systems: (A) Identification of opportunities to use distributed energy systems. (B) Assessment of technical and economic characteristics. (C) Utility interconnection. (D) Permitting and siting issues. (E) Business planning and financial analysis. (F) Engineering design. (3) Information dissemination.--The information disseminated under paragraph (1)(A) shall include-- (A) information relating to the topics described in paragraph (2), including case studies of successful examples; (B) computer software and databases for assessment, design, and operation and maintenance of distributed energy systems; and (C) public databases that track the operation and deployment of existing and planned distributed energy systems. (b) Eligibility.--Any nonprofit or for-profit entity shall be eligible to receive technical assistance and grants under the program. (c) Applications.-- (1) In general.--An eligible entity desiring technical assistance or grants under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Application process.--The Secretary shall seek applications for technical assistance and grants under the program-- (A) on a competitive basis; and (B) on a periodic basis, but not less frequently than once every 12 months. (3) Priorities.--In selecting eligible entities for technical assistance and grants under the program, the Secretary shall give priority to eligible entities with projects that have the greatest potential for-- (A) facilitating the use of renewable energy resources; (B) strengthening the reliability and resiliency of energy infrastructure to the impact of extreme weather events, power grid failures, and interruptions in supply of fossil fuels; (C) improving the feasibility of microgrids or islanding, particularly in rural areas, including high energy cost rural areas; (D) minimizing environmental impact, including regulated air pollutants and greenhouse gas emissions; and (E) maximizing local job creation. (d) Grants.--On application by an eligible entity, the Secretary may award grants to the eligible entity to provide funds to cover not more than-- (1) 100 percent of the costs of the initial assessment to identify opportunities; (2) 75 percent of the cost of feasibility studies to assess the potential for the implementation; (3) 60 percent of the cost of guidance on overcoming barriers to implementation, including financial, contracting, siting, and permitting issues; and (4) 45 percent of the cost of detailed engineering. (e) Rules and Procedures.-- (1) Rules.--Not later than 180 days after the date of enactment of this Act, the Secretary shall adopt rules and procedures for carrying out the program. (2) Grants.--Not later than 120 days after the date of issuance of the rules and procedures for the program, the Secretary shall issue grants under this Act. (f) Reports.--The Secretary shall submit to Congress and make available to the public-- (1) not less frequently than once every 2 years, a report describing the performance of the program under this section, including a synthesis and analysis of the information provided in the reports submitted to the Secretary under section 2(c); and (2) on termination of the program under this section, an assessment of the success of, and education provided by, the measures carried out by eligible entities during the term of the program. (g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $250,000,000 for the period of fiscal years 2016 through 2020, to remain available until expended.

Local Energy Supply and Resiliency Act of 2015 This bill requires the Department of Energy (DOE) to establish certain programs to support distributed energy systems, which are energy sources and systems that: (1) produce electric or thermal energy close to the point of use using renewable energy resources or waste thermal energy, (2) generate electricity using a combined heat and power system, (3) distribute electricity in microgrids, (4) store electric or thermal energy, or (5) distribute or transfer thermal energy to building heating and cooling systems through a district energy system. DOE must establish: (1) a loan program to provide funding for deploying distributed energy systems to states and other government entities, institutions of higher education, and electric utilities; and (2) a technical assistance and grant program to disseminate information and provide technical assistance to nonprofit and profit entities for identifying, evaluating, planning, and designing distributed energy systems.

{"src": "billsum_train", "title": "Local Energy Supply and Resiliency Act of 2015"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iraq Transition Act of 2006''. SEC. 2. FINDINGS; DECLARATIONS OF POLICY. (a) Findings.--Congress makes the following findings: (1) The people of Iraq have made significant progress in establishing the framework for a democratic government. (2) In an October 2005 referendum, the Iraqi people voted to approve Iraq's Constitution, setting up an Islamic federal democracy while strengthening the rights of women and minorities in that country. (3) On December 15, 2005, Iraqis voted in the first multi- party elections in that country in 50 years. (4) The Iraqi parliament that emerged from the December 2005 elections includes representation across a broad cross section of the population and has established affirmative measures to include women and ethnic minorities in positions of authority. (5) The Iraqi constitutional framework has allowed the election of President Jalal Talabani and Prime Minister Nouri Kamal al-Maliki to form Iraq's first democratically-elected government in its history. (6) The Government of the United States has expended, through the Iraq Relief and Reconstruction Fund (IRRF), approximately 67 percent of the $20,912,000,000 in various reconstruction efforts in Iraq. (7) In an effort to allow Iraqis to take over security operations, approximately 265,000 Iraqi Security Forces (ISF) have been trained, nearing the total force goal of 325,000 by August 2007. (8) However, despite the emergence of a democratically- elected Iraqi Government, most civilian functions of that government remain the responsibility of United States military and Coalition military forces. (b) Declarations of Policy.--Congress makes the following declarations of policy: (1) While the military excellence with which Operation Iraqi Freedom has been executed is to be congratulated, it is in the best interests of the United States and the nation of Iraq that the proper functions of government be transferred to Iraqi control as soon as is practicable. (2) In order to have an orderly, deliberate, and expeditious transition to Iraqi civilian control, the task of doing so must be vested in a national commission which is specifically empowered and authorized to monitor and assess that transition and oversee that such transition is carried out. (3) Congress acknowledges that there is successful precedent for such a commission in comparable circumstances. At the close of World War II, a national commission, composed of three United States Senators, three Members of the House of Representatives, and three Presidential appointees were appointed and directed to oversee the transition of the Philippines from United States military to local, civilian control. (4) It is again the desire of Congress, as set forth in this Act, to establish a national commission to undertake the responsibility of overseeing the development of a plan and its implementation to transition Iraq from United States military control to Iraqi civilian control in an orderly, deliberate, and expeditious manner. (5) Congress anticipates and expects that the United States military will work in concert with and be an integral part of the national commission. SEC. 3. PURPOSE. It is the purpose of this Act to establish a national commission to develop plans for the orderly and expeditious transfer of power for Iraqi Government operations from United States military forces to the newly-elected Government of Iraq. The national commission shall seek the goals of empowering the newly-elected Government of Iraq and reducing reliance on United States military forces, while enabling the safe, prompt, and orderly return of such military forces to the United States, and further-- (1) to facilitate a dialogue between members of the commission, Iraqi leaders, and coalition and international partners in furtherance of the purpose of this Act; (2) to report such findings, conclusions, and recommendations as are consistent with the purpose of this Act; and (3) to provide guidance and support for the expeditious assumption of governmental responsibility by the newly-elected and appointed Iraqi government officials as is consistent with congressional oversight responsibilities regarding the proper use of United States reconstruction assistance for Iraq. SEC. 4. ESTABLISHMENT. There is established a commission to be known as the ``Commission on Iraqi Transition'' (in this Act referred to as the ``Commission''). SEC. 5. MEMBERSHIP. (a) Number and Appointment.-- (1) In general.--The Commission shall be composed of 21 members, as follows: (A) Seven members appointed by the President, of whom one shall be the Secretary of State (or the Secretary's designee), one shall be the Secretary of Defense (or the Secretary's designee), and one shall be the Secretary of Commerce. (B) Seven members appointed by the Speaker of the House of Representatives and the minority leader of the House of Representatives, of whom four shall be Members of the House of Representatives from the majority party and three shall be Members of the House of Representatives from the minority party. (C) Seven members appointed by the majority leader of the Senate and the minority leader of the Senate, of whom four shall be Members of the Senate from the majority party and three shall be Members of the Senate from the minority party. (2) Deadline.--Members of the Commission shall be appointed not later than 60 days after the date of the enactment of this Act. (b) Qualifications.--It is the sense of Congress that individuals appointed to the Commission shall be United States citizens, with significant depth of experience relevant to the goals of the Commission, including in the fields of public administration, finance, and management. (c) Meetings; Quorum; Majority; Vacancies.-- (1) Meetings.--Not later than 30 days after the date on which all members of the Commission have been appointed pursuant to subsection (a), the Commission shall hold its first meeting. After its initial meeting, the Commission shall meet upon the call of the Chairperson or a majority of its members. (2) Quorum.--At least 11 members shall constitute a quorum for the transaction of business provided a bipartisan representation is present. (3) Majority.--At least 11 Members shall constitute a majority of the Commission. (4) Vacancies.--Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. (d) Chairperson.--The Chairperson of the Commission shall be elected by the members of the Commission SEC. 6. DUTIES OF COMMISSION. (a) Study and Report.--The Commission shall study and report upon all issues relating to the orderly and expeditious transfer of power for Iraqi Government operations from United States military forces to the newly-elected Government of Iraq, particularly to the Prime Minister of Iraq, the President of Iraq, and the Iraqi Council of Representatives, including day-to-day operations of Iraqi ministries and departments, as have been established by the Iraqi Constitution and laws, including the Ministries of Agriculture, Capital Markets Institutions, Communications, Commission on Public Integrity, Culture, Defense, Displacement and Migration, Education, Electricity, Environment, Finance, Foreign Affairs, Health, Higher Educations, Housing and Construction, Humane Rights, Industry and Minerals, Interior, Property Claims Commission, Justice, Labor and Social Affairs, Municipalities and Public Works, Oil, Planning and Development, Private Sector Development, Science and Technology, Trade, Transportation, Water Resources, and Youth and Sports. (b) Promotion of Accountability and Other Goals.--In carrying out subsection (a), the Commission shall seek to promote the government- wide management goals of accountability, effective management, efficiency and economy of operations, ethical conduct, and the merit- based recruitment and compensation of a professional civil service for the Iraqi Government. SEC. 7. POWERS OF COMMISSION. (a) Hearings; Subpoena Power.-- (1) In general.--The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this Act-- (A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as the Commission considers appropriate; and (B) require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and other documents, as the Commission, or such designated subcommittee or designated member thereof, is empowered to investigate under this Act. (2) Service of subpoenas.--A subpoena issued pursuant to paragraph (1)(B) may be issued under the signature of the Chairperson of the Commission, the chairperson of any designated subcommittee thereof, or any designated member thereof, and may be served by any person designated by such Chairperson, subcommittee chairperson, or member. The provisions of sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192-194) shall apply in the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this section. (b) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this Act. (c) Information From Federal Agencies.--The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government information, suggestions, estimates, and statistics for the purposes of this Act. Each such department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the Chairperson of the Commission. (d) Assistance From Federal Agencies.-- (1) Department of state.--The Secretary of State is authorized on a reimbursable or nonreimbursable basis to provide the Commission with administrative services, funds, facilities, staff, and other support services for the performance of the Commission's duties under this Act. (2) General services administration.--The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. (3) Other departments and agencies.--In addition to the assistance set forth in paragraphs (1) and (2), departments and agencies of the United States are authorized to provide to the Commission such services, funds, facilities, staff, and other support services as such departments and agencies may deem advisable and as may be authorized by law. (e) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (f) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as department and agencies of the United States. SEC. 8. STAFF OF COMMISSION. (a) In General.--The Chairperson of the Commission, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its duties under this Act, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (b) Detailees.--Any Federal Government employee may be detailed to the Commission without reimbursement for the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (c) Consultant Services.--The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. SEC. 9. COMPENSATION AND TRAVEL EXPENSES. (a) Compensation.-- (1) Rates of pay.--Each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (2) Prohibition on compensation of federal employees.-- Members of the Commission who are officers or employees of the United States or Members of Congress may not receive additional pay on account of their service on the Commission. (b) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. SEC. 10. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF. The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person shall be provided with access to classified information under this Act without the appropriate security clearances. SEC. 11. REPORTS OF COMMISSION; CONGRESSIONAL RESPONSE; TERMINATION. (a) Initial Report.--Not later than 90 days after the date of its initial meeting, the Commission shall submit to the President and Congress a report that contains-- (1) an assessment of any and all progress in the transfer of governmental authority to the newly elected Iraqi Government; and (2) such findings, conclusions, and recommendations, approved by a majority of its members, as the Commission shall determine to be consistent with the purpose of this Act. (b) Interim Reports.--The Commission may submit to the President and Congress interim reports containing such findings, conclusions, and recommendations as have been agreed to by a majority of Commission members. (c) Final Report.--By vote of a majority of its members, the Commission shall submit to the President and Congress a determination in its final report that all or substantially all of the governing authority has been transferred to the Iraqi Government. (d) Congressional Response.-- (1) Hearings.--At any time following the receipt of the initial report, interim reports, or final report of the Commission under this section, the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate may initiate hearings to consider the findings and recommendations of the report. (2) Legislation.--At any time following the receipt of the initial report, interim reports, or final report of the Commission under this section, Congress may give such findings, conclusions, or recommendations legislative effect as it deems appropriate. (e) Termination.-- (1) In general.--The Commission, and all the authorities of this Act, shall terminate no later than 90 days after the date on which the final report is submitted under subsection (c). (2) Administrative activities before termination.--The Commission may use the 90-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report. SEC. 12. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated such sums as may be necessary to carry out this Act. (b) Availability.--Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available, without fiscal year limitation, until expended.

Iraq Transition Act of 2006 - Establishes the Commission on Iraqi Transition, which shall report upon all issues relating to the transfer of power for Iraqi government operations from U.S. military forces to the newly-elected government of Iraq, particularly to the Prime Minister of Iraq, the President of Iraq, and the Iraqi Council of Representatives, including day-to-day operations of Iraqi ministries and departments.

{"src": "billsum_train", "title": "To establish the Commission on Iraqi Transition."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Mitigation Investment Act''. SEC. 2. FINDINGS. Congress finds that-- (1) mitigation planning is the foundation for saving lives, protecting residential and commercial properties, and developing disaster resistant communities; (2) recent studies of the performance of building structures during disasters have demonstrated that the adoption and active enforcement of State building codes have greatly reduced residential and commercial property damage and personal injury resulting from major disasters; (3) modern building codes govern all aspects of construction and are designed to ensure that single-family residential dwellings and commercial structures are protected from natural disasters; (4) the people of the United States rely on active enforcement of modern building codes for assurance that minimum standards for reducing personal injuries and property damages have been met in the buildings they live in, work in, and visit every day; (5) active enforcement of building codes plays an increasingly important role in public safety and loss prevention of residential and commercial property; (6) active enforcement of building codes based on nationally recognized models reduces the need for public disaster aid, creates sustainable communities, promotes a level and consistent playing field for design professionals, suppliers, and builders, and can contribute to the durability of residential and commercial structures; (7) under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Federal Emergency Management Agency provides Federal assistance to States for mitigation efforts; (8) it is beneficial and appropriate to expand Federal mitigation assistance to encourage States to take a comprehensive and integrated approach to disaster loss reduction; and (9) it is beneficial to the Federal Government and appropriate that Federal mitigation assistance be used to encourage the adoption and active enforcement of State building codes as a disaster mitigation strategy under the auspices of a comprehensive disaster loss reduction plan. SEC. 3. PURPOSES. The purposes of this Act are to-- (1) substantially mitigate the occurrence of loss to residential and commercial property, reduce and minimize damage when losses to residential and commercial property occur, improve the quality and value of residential and commercial property, and reduce the need for public disaster aid; (2) provide incentives for the adoption and active enforcement of State building codes; (3) encourage States to continue their key responsibility to coordinate all State and local activities relating to hazard evaluation and mitigation, as specified in section 201.3(c) of title 44, Code of Federal Regulations, through the adoption and active enforcement of State building codes; and (4) encourage States to require that local governments use a current version of a nationally applicable model building code that address natural hazards as a basis for design and construction of State-sponsored mitigation projects described in section 201.5(b)(4)(iv) of title 44, Code of Federal Regulations. SEC. 4. ENHANCED MITIGATION ASSISTANCE. (a) Additional Mitigation Assistance.--Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) is amended by adding at the end the following: ``(f) Additional Mitigation Assistance.-- ``(1) In general.--If, at the time of a declaration of a major disaster, the affected State has in effect and is actively enforcing throughout the State an approved State building code, the President may increase the maximum total of contributions under this section for the major disaster, as specified in subsection (a) and section 322(e), by an amount equal to 4 percent of the estimated aggregate amount of grants to be made (less any associated administrative costs) under this Act with respect to the major disaster. ``(2) Submission.--To be eligible for an increased Federal share under paragraph (1), a State shall submit its State building code to the President for approval. ``(3) Approval.--The President shall approve a State building code submitted under paragraph (2) if the President determines that the building code-- ``(A) is consistent with the most recent version of a nationally recognized model building code; ``(B) has been adopted by the State within 6 years of the most recent version of the nationally recognized model building code; and ``(C) uses the nationally recognized model building code as a minimum standard. ``(4) Periodic updates.--The President, acting through the Administrator, shall set appropriate standards, by regulation, for the periodic update, resubmittal, and approval of a State building code approved by the President in accordance with paragraph (3) that are consistent with similar requirements related to mitigation planning under section 322. ``(5) Regulations.--Not later than 180 days after the date of enactment of this subsection, the President, acting through the Administrator of the Federal Emergency Management Agency, shall issue such regulations as may be necessary to carry out this subsection. ``(6) Definitions.--For purposes of this subsection, the following definitions apply: ``(A) Actively enforcing.--The term `actively enforcing' means effective jurisdictional execution of all phases of a State building code in the process of examination and approval of construction plans, specifications, and technical data and the inspection of new construction or renovation. ``(B) Nationally recognized model building code.-- The term `nationally recognized model building code' means a building code for residential and commercial construction and construction materials that-- ``(i) has been developed and published by a code organization in an open consensus type forum with input from national experts; and ``(ii) is based on national structural design standards that establish minimum acceptable criteria for the design, construction, and maintenance of residential and commercial buildings for the purpose of protecting the health, safety, and general welfare of the building's users against natural disasters. ``(C) State building code.--The term `State building code' means requirements and associated standards for residential and commercial construction and construction materials that are implemented on a statewide basis by ordinance, resolution, law, housing or building code, or zoning ordinance. At a minimum, such requirements and associated standards shall apply-- ``(i) to construction-related activities of residential building contractors applicable to single-family and 2-family residential structures; and ``(ii) to construction-related activities of engineers, architects, designers, and commercial building contractors applicable to the structural safety, design, and construction of commercial, industrial, and multifamily structures. ``(g) Use of Assistance.--Recipients of hazard mitigation assistance provided under this section and section 203 may use the assistance to conduct activities to help reduce the risk of future damage, hardship, loss, or suffering in any area affected by a flood, including-- ``(1) adaptation of existing infrastructures, including enhancements to both built and natural environments based on future flood probabilities; ``(2) maintenance of existing surge protection infrastructure; ``(3) waterfront resilience, including creation of bulkheads, dune enhancement, beach re-nourishment, living seawalls and seashores and levees; ``(4) voluntary acquisition of repeatedly flooded properties; ``(5) flood water diversion, removal, treatment, and storage infrastructure projects; ``(6) flood water distribution along street infrastructure systems, including canal streets, absorbent streets, floodable parks, and underground cisterns; and ``(7) enhanced infrastructure for increasing resilience of the freshwater supply to salt water intrusion.''. (b) Predisaster Hazard Mitigation.-- (1) Uses of technical and financial assistance.--Section 203(e)(1)(B) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(e)(1)(B)) is amended-- (A) by striking ``or'' at the end of clause (ii); (B) by striking the period at the end of clause (iii) and inserting ``; or''; and (C) by adding at the end the following: ``(iv) to establish and operate a building department and carry out enforcement activities to implement a State building code approved under section 404(f).''. (2) Criteria for assistance awards.--Section 203(g) of such Act (42 U.S.C. 5133(g)) is amended-- (A) by striking ``and'' at the end of paragraph (9); (B) by redesignating paragraph (10) as paragraph (11); and (C) by inserting after paragraph (9) the following: ``(10) the extent to which the State or local government is carrying out activities to implement a State building code approved under section 404(f); and''. SEC. 5. COMPREHENSIVE STUDY OF DISASTER COSTS AND LOSSES. (a) Establishment.--Not later than 30 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall commence, through the National Advisory Council, a comprehensive study related to disaster costs and losses (referred to in the subsection as the ``Study''). (b) Additional Membership.--For the purposes of the study, as soon as practicable after the date of enactment of this section, the Administrator shall appoint additional qualified members to the National Advisory Council from the following: (1) Individuals that have the requisite technical knowledge and expertise on issues related to disaster costs and losses. (2) Representatives of the insurance industry. (3) Experts in and representatives of the construction and building industry. (4) Individuals nominated by national organizations representing local governments and personnel. (5) Academic experts. (6) Vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for emergency management services. (7) Representatives of such other stakeholders and interested and affected parties as the Administrator considers appropriate. (c) Consultation With Nonmembers.--The National Advisory Council shall consult with other relevant agencies and groups that are not represented on the National Advisory Council to consider research, data, findings, recommendations, innovative technologies and developments, including-- (1) entities engaged in federally funded research; and (2) academic institutions engaged in relevant work and research. (d) Recommendations.--Not later than 120 days after the date of enactment of this Act, the National Advisory Council shall convene to evaluate the following topics and develop recommendations for reducing disaster costs and losses: (1) Disaster losses.-- (A) Cost trends.--Trends in disaster costs including loss of life and injury, property damage to individuals, the private sector, and each level of government (State, local and tribal) since the enactment of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), to the extent data is available. (B) Contributing factors.--Contributing factors such as shifting demographics and aging infrastructure and their impacts on the trends in disaster losses and costs. (2) Disaster costs.-- (A) Trends in declarations.--Trends in disaster declarations, including factors contributing to the trends. (B) Disaster assistance.--Disaster assistance available from all Federal sources, including descriptions of programs, eligibility and authorities, where assistance has been used geographically, how quickly the funds are used, how that assistance is coordinated among the various agencies and departments, and recommendations for ways to improve the effectiveness and efficiency of the delivery of such assistance. (C) Costs.--Disaster costs borne by the private sector and individuals. (3) Disaster roles and responsibility.--Fundamental principles that should drive national disaster assistance decisionmaking, including the appropriate roles for each level of government, the private sector and individuals. (4) Reduction of costs and losses.-- (A) Mechanisms and incentives.--Mechanisms and incentives, including tax incentives, to promote disaster cost reduction, mitigation, and recovery, including cost data, projections for the return on investment, and measures of effectiveness. (B) Identification of challenges.--Identify fundamental legal, societal, geographic and technological challenges to implementation. (5) Legislative proposals.--Legislative proposals for implementing the recommendations in the report compiled pursuant to the requirement in section 1111 of the Sandy Recovery Improvement Act of 2013 (Public Law 113-2). (e) Report to Administrator and Congress.-- (1) Not later than 1 year after the date of enactment of this section, the National Advisory Council shall submit a report containing the data, analysis, and recommendations developed under subsection (d) to-- (A) the Administrator of the Federal Emergency Management Agency; (B) the Committee on Transportation and Infrastructure of the House of Representatives; and (C) the Committee on Homeland Security and Governmental Affairs of the Senate. (2) Data availability.--The Administrator shall make the data collected pursuant to this section publically available on the Agency's website. SEC. 6. ENHANCED MITIGATION INCENTIVES PILOT PROGRAM. (a) Use of Building Codes.--The Administrator of the Federal Emergency Management Agency shall establish and conduct a pilot program to award grants to State, local, and tribal governments to aid and encourage the adoption and active enforcement of nationally recognized model building codes, State building codes, and related mitigation measures. (b) Goals.--The goals of the grant program are-- (1) reducing disaster response and recovery costs to Federal, State, local, and tribal governments by-- (A) increasing the resilience of buildings; and (B) reducing the amount of damage and loss that occurs due to disasters and chronic flooding; (2) incentivizing communities and individuals to adopt smart development and mitigation measures in advance of disasters. (c) Minimum Requirements.--The Administrator shall-- (1) not later than 180 days after the date of enactment of this Act, provide grant awards annually thereafter; (2) establish criteria for awarding grants on a competitive basis based on the demonstrated need of the applicants and the project's ability to accomplish the goals outline in subsection (b); and (3) require non-Federal matching funds in an amount equal to not less than 25 percent of the total amount of the grant. (d) Reports.-- (1) Annual reports.--During the period in which the pilot program is conducted under this section, the Administrator shall submit, annually, to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, a report on the grants provided, the projects undertaken, and the outcomes expected. (2) Final report.--Not later than 180 days after termination of the pilot program, the Administrator shall submit a final report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. The final report shall include-- (A) a review and evaluation of the grant awards; (B) recommendations on any permanent changes to the Robert T. Stafford Disaster Relief and Emergency Assistance Act; and (C) a progress evaluation in meeting the goals described in subsection (b). (e) Termination.--The authorities under this section shall terminate on December 31, 2021.

National Mitigation Investment Act This bill amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President to increase the maximum total of contributions for a major disaster by an amount equal to 4% of the estimated aggregate amount of grants to be made under such Act if, at the time of a declaration of a major disaster, the affected state has in effect and is actively enforcing an approved state building code. To be eligible for such increased federal contributions, a state must submit its building code to the President for approval. The President shall approve such a code upon determining that it: (1) is consistent with the most recent version of a nationally recognized model building code; (2) has been adopted by the state within six years of the most recent version of such nationally recognized code; and (3) uses the nationally recognized code as a minimum standard. The Federal Emergency Management Agency (FEMA) shall set appropriate standards for the periodic update, resubmittal, and approval of previously approved state building codes. Recipients may use hazard mitigation assistance received under such Act to conduct activities to help reduce the risk of future damage, hardship, loss, or suffering in any area affected by a flood. States and local governments may use technical and financial assistance received under such Act to implement predisaster hazard mitigation measures to establish and operate a building department and carry out enforcement activities to implement an approved state building code. In determining whether to provide such assistance, the President shall take into account the extent to which a state or local government is carrying out activities to implement an approved state building code. The National Advisory Council shall commence a comprehensive study to evaluate disaster costs and losses and develop recommendations for reducing them. FEMA shall conduct a pilot program to award grants to state, local, and tribal governments to aid and encourage the adoption and active enforcement of nationally recognized model building codes, state building codes, and related mitigation measures.

{"src": "billsum_train", "title": "National Mitigation Investment Act"}

TITLE I--UTROK ATOLL RADIOLOGICAL MONITORING SUPPORT SEC. 101. UTROK ATOLL RADIOLOGICAL MONITORING SUPPORT. (a) In support of radiological monitoring, rehabilitation, and resettlement of Utrok Atoll, whose residents were affected by United States nuclear testing, the Secretary of Commerce may convey to the Utrok Atoll local government without consideration, all right, title, and interest of the United States in and to a decommissioned National Oceanic and Atmospheric Administration ship in operable condition. (b) The Government of the United States shall not be responsible or liable for any maintenance or operation of a vessel conveyed under this section after the date of the delivery of the vessel to Utrok. (c) Within 120 days after the date of enactment of this Act, the Utrok Atoll local government, in consultation with the Government of the Republic of the Marshall Islands, shall submit a plan for the use of the vessel to be conveyed under subsection (a) to the House of Representatives Committee on Resources, the House of Representatives Committee on Science, the Senate Committee on Energy and Natural Resources, and the Senate Committee on Commerce, Science, and Transportation. TITLE II--RATIFICATION OF CERTAIN NOAA APPOINTMENTS, PROMOTIONS, AND ACTIONS SEC. 201. RATIFICATION OF CERTAIN NOAA APPOINTMENTS, PROMOTIONS, AND ACTIONS. All action in the line of duty by, and all Federal agency actions in relation to (including with respect to pay, benefits, and retirement) a de facto officer of the commissioned corps of the National Oceanic and Atmospheric Administration who was appointed or promoted to that office without Presidential action, and without the advice and consent of the Senate, during such time as the officer was not properly appointed in or promoted to that office, are hereby ratified and approved if otherwise in accord with the law, and the President alone may, without regard to any other law relating to appointments or promotions in such corps, appoint or promote such a de facto officer temporarily, without change in the grade currently occupied in a de facto capacity, as an officer in such corps for a period ending not later than 180 days from the date of enactment of this Act. TITLE III--INTERNATIONAL FISHERIES REAUTHORIZATION SEC. 301. SHORT TITLE. This title may be cited as the ``International Fisheries Reauthorization Act of 2004''. SEC. 302. EXTENSION OF PERIOD FOR REIMBURSEMENT UNDER FISHERMEN'S PROTECTIVE ACT OF 1967. Section 7(e) of the Fishermen's Protective Act of 1967 (22 U.S.C. 1977(e)) is amended by striking ``2003'' and inserting ``2008''. SEC. 303. REAUTHORIZATION OF YUKON RIVER SALMON ACT OF 2000. Section 208 of the Yukon River Salmon Act of 2000 (16 U.S.C. 5727) is amended by striking ``2000'' and all that follows through ``2003'' and inserting ``2004 through 2008''. SEC. 304. REBUILDING FISH STOCKS. Section 105 of division H of the Consolidated Appropriations Act, 2004, is repealed. TITLE IV--PACIFIC ALBACORE TUNA TREATY SEC. 401. IMPLEMENTATION. (a) In General.--Notwithstanding anything to the contrary in section 201, 204, or 307(2) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1821, 1824, and 1857(2)), foreign fishing may be conducted pursuant to the Treaty between the Government of the United States of America and the Government of Canada on Pacific Coast Albacore Tuna Vessels and Port Privileges, signed at Washington May 26, 1981, including its Annexes and any amendments thereto. (b) Regulations.--The Secretary of Commerce, with the concurrence of the Secretary of State, may-- (1) promulgate regulations necessary to discharge the obligations of the United States under the Treaty and its Annexes; and (2) provide for the application of any such regulation to any person or vessel subject to the jurisdiction of the United States, wherever that person or vessel may be located. (c) Enforcement.-- (1) In general.--The Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) shall be enforced as if subsection (a) were a provision of that Act. Any reference in the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) to ``this Act'' or to any provision of that Act, shall be considered to be a reference to that Act as it would be in effect if subsection (a) were a provision of that Act. (2) Regulations.--The regulations promulgated under subsection (b), shall be enforced as if-- (A) subsection (a) were a provision of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.); and (B) the regulations were promulgated under that Act. SEC. 402. SOUTH PACIFIC TUNA TREATY ACT AMENDMENT. Section 6 of the South Pacific Tuna Act of 1988 (16 U.S.C. 973d(a)) is amended by striking ``outside of the 200 nautical mile fisheries zones of the Pacific Island Parties.'' and inserting ``or to fishing by vessels using the longline method in the high seas areas of the Treaty area.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Title I: Utrok Atoll Radiological Monitoring Support - (Sec. 101) Authorizes the Secretary of Commerce to convey to the Utrok Atoll local government a decommissioned National Oceanic and Atmospheric Administration (NOAA) ship in operable condition, in support of radiological monitoring, rehabilitation, and resettlement of Utrok Atoll, whose residents were affected by U.S. nuclear testing. Declares that the U.S. Government shall not be responsible or liable for any maintenance or operation of a vessel conveyed under Act after delivery of the vessel to Utrok. Directs the Utrok Atoll local government to submit to specified congressional committees a plan for the use of the conveyed vessel. Title II: Ratification of Certain NOAA Appointments, Promotions, and Actions - (Sec. 201) Ratifies and approves all action in the line of duty by, and all Federal agency actions in relation to, a de facto officer of the NOAA commissioned corps who was appointed or promoted to that office without Presidential action and without the advice and consent of the Senate. Authorizes the President to appoint or promote such a de facto officer as a corps officer for a period ending not later than 180 days after enactment of this Act, without change in the grade currently occupied in a de facto capacity. Title III: International Fisheries Reauthorization - International Fisheries Reauthorization Act of 2004 - (Sec. 302) Amends the Fishermen's Protective Act of 1967 to extend through FY 2008 the requirement that the Secretary of State enter agreements to reimburse owners of commercial fishing vessels seized and detained by a foreign country for actual costs, market value of confiscated or spoiled fish, and half of lost gross income. (Sec. 303) Amends the Yukon River Salmon Act of 2000 to extend through FY 2008 the authorization of appropriations for: (1) travel expenses of members and alternate members of the Yukon River Salmon Panel, U.S. members of a Joint Technical Committee (JTC) under the Pacific Salmon Treaty between the United States and Canada, and members of a specified advisory committee; (2) the U.S. share of expenses incurred by the JTC and any panel established by any agreement between the United States and Canada for restoration and enhancement of salmon originating in Canada; (3) activities by the Department of the Interior and the Department of Commerce for survey, restoration, and enhancement activities related to salmon stocks originating from the Yukon River in Canada, including specified Yukon River salmon stock restoration and enhancement projects; and (4) cooperative salmon research and management projects in the portion of the Yukon River drainage located in the United States that are recommended by the Panel. (Sec. 305) Repeals a provision of the Consolidated Appropriations Act, 2004 which prohibits funds under that Act from being obligated or expended to implement any measures to reduce overfishing and promote rebuilding of fish stocks managed under the Northeast Multispecies Fishery Management Plan other than measures set out in the NOAA final rule relating to provisions of the Magnuson-Stevens Fishery Conservation and Management Act. Title IV: Pacific Albacore Tuna Treaty - (Sec. 401) Allows foreign fishing to be conducted pursuant to the Treaty between the Government of the United States of America and the Government of Canada on Pacific Coast Albacore Tuna Vessels and Port Privileges, signed at Washington May 26, 1981, including its Annexes and any amendments thereto. Authorizes the Secretary of Commerce to: (1) promulgate regulations for discharging U.S. obligations under such Treaty; and (2) apply such regulations to any person or vessel subject to U.S. jurisdiction, wherever the person or vessel may be located. Requires enforcement of such provisions as if they were part of the Magnuson-Stevens Act. (Sec. 402) Amends the South Pacific Tuna Act of 1988 to: (1) make certain prohibitions on South Pacific tuna fishing inapplicable to fishing by vessels using the longline method in the high seas areas of the Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of the United States of America; and (2) remove such prohibitions' inapplicability to vessels operating outside of the 200 nautical mile fisheries zones of the Pacific Island Parties.

{"src": "billsum_train", "title": "To provide for the conveyance to the Utrok Atoll local government of a decommissioned National Oceanic and Atmospheric Administration ship, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Y2K Liability and Antitrust Reform Act''. SEC. 2. LIABILITY FOR COMPUTER DATE FAILURE. (a) General Rule.-- (1) Designers, developers, and manufacturers.--An action which is brought in a Federal or State court against a person because of a computer date failure shall be deemed to be based solely in contract and shall only allow recovery for consequential business loss and costs of repairs or replacement resulting from the failure if the following conditions are met: (A) The plaintiff in the action has not suffered any personal injury, excluding emotional harm, as a result of the computer date failure. (B) The defendant in the action has-- (i) given notice, described in paragraph (2), by mail to all buyers known to the defendant of the computer system or any component of the system or computer program or software or hardware that experiences or may experience a computer date failure and with respect to buyers not known to the defendant given notice on the defendant's World Wide Web site on the Internet; (ii) made available at no charge to the buyer a repair or replacement for a computer program or software or hardware which was first introduced for sale after December 31, 1994, and which was involved in the computer date failure; and (iii) made available to the buyer a repair or replacement for a computer program or software or hardware which was first introduced for sale before January 1, 1995, and which was involved in a computer date failure. (2) Notice.--The notice specified in paragraph (1)(B)(i) shall specify the computer system or component of the system or computer program or software supplied by the defendant that experiences or may experience a computer date failure and shall explain the manner by which the buyer may obtain repair or replacement of the computer system or component of the system or computer program or software if repair or replacement is available or obtain additional information on such system, component, program, or software. (3) Application.--This subsection shall not be construed to limit the ability of contracting parties to enter into agreements as they deem appropriate on the issues of liability and damages resulting from computer date failure. (4) Definition.--For purposes of this subsection, the term ``person'' means a person who is engaged in commerce to design, develop, or manufacture a computer system, computer program or software, or component. (b) Special Rule.-- (1) Other persons.--An action which is brought in a Federal or State court against a person (other than a person described in subsection (a)) because of a computer date failure shall be deemed to be based solely in contract and shall only allow recovery for consequential business loss and costs of repairs or replacement resulting from the failure if the following conditions are met: (A) The plaintiff in the action has not suffered any personal injury, excluding emotional harm, as a result of the computer date failure. (B) The defendant in the action has-- (i) made all reasonable efforts to protect its system, program, or software from a computer date failure, including efforts to acquire hardware or software that will not experience a computer date failure; (ii) not later than July 1, 1999, tested its systems, programs, or software by actually simulating the transition from December 31, 1999 to January 1, 2000 and made any other test that a reasonable person would believe necessary to prevent a computer date failure; (iii) not later than August 1, 1999, provided notice to its customers and to the President's Council on the Year 2000 Conversion of efforts to avoid a computer date failure, including a general description of its compliance efforts, the results of the tests under clause (ii), and the likelihood that it will make transition to the Year 2000 without a computer date failure; and (iv) not later than August 1, 1999, posted the notice it made under clause (iii) prominently in its place of business for public review. The President's Council on the Year 2000 Conversion shall make available the notice it received under clause (iii) on the Council's homepage on the worldwide web. (2) Application.--This subsection shall not be construed to limit the ability of contracting parties to enter into agreements as they deem appropriate on the issues of liability and damages resulting from computer date failure. (c) Definitions.--For purposes of this section: (1) Action.--The term ``action'' means an action to recover damages resulting directly or indirectly from a computer date failure, an action based on breach of contract, a shareholder or derivative action, and an action based on an alleged failure to properly detect, disclose, prevent, report on, or remediate a computer date failure. (2) Computer date failure.--The term ``computer date failure'' means-- (A) a present or future inability of the computer system or computer program or software to accurately store, process, provide, or receive data from, into, and between the years 1999 and 2000 and beyond if all other technology used in combination with such system, program, or software properly exchanges data with it; or (B) the possibility of the existence of any such inability or incompatibility. (3) Computer program or software.--The term ``computer program or software'' is a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result. (4) Computer system.--The term ``computer system'' means any electronic device or collection of devices, including support devices, networks, and embedded chips and excluding calculators that are not programmable, that contains computer programs or electronic instructions and that performs functions, including logic, arithmetic, data processing, data storage and retrieval, communication, or control. SEC. 3. TEMPORARY ANTITRUST EXEMPTION. (a) Exemption.--Except as provided in subsection (b), the antitrust laws shall not apply to conduct engaged in, including making and implementing an agreement, solely for the purpose of establishing responses designed to mitigate the impact of computer date failure in a computer system, in a component of a computer system, or in a computer program or software if such conduct occurs, or such agreement is made and implemented, only in the period beginning on the date of the enactment of this Act and ending December 31, 2001. (b) Exception to Exemption.--Subsection (a) shall not apply with respect to conduct that results in a boycott of any person. (c) Definition of Antitrust Laws.--For purposes of this section, the term ``antitrust laws''-- (1) has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition, and (2) includes any State law similar to the laws referred to in subparagraph (A).

Y2K Liability and Antitrust Reform Act - Provides that an action resulting from a computer date failure which is brought in Federal or State court shall be deemed to be based solely in contract and shall only allow recovery for consequential business loss and costs of repair or replacement resulting from the failure if the plaintiff has not suffered any personal injury, excluding emotional harm, as a result and the defendant is: (1) a person who is engaged in commerce to design, develop, or manufacture a computer system, program, software, or component, has given specified notice to buyers, has made available at no charge repair or replacement of hardware and software for products sold after December 31, 1994, and has made available to the buyer a repair or replacement for a computer program or software or hardware that was introduced for sale before January 1, 1995; or (2) any other person who has made reasonable efforts to protect its system, program, or software from computer date failure, has conducted reasonable tests to prevent a computer date failure by July 1, 1999, and has notified its customers and the President's Council on the Year 2000 Conversion by August 1, 1999, of efforts to avoid such failure. (Sec. 3) Makes the antitrust laws inapplicable to conduct engaged in between the enactment date of this Act and December 31, 2001, solely for the purpose of establishing responses designed to mitigate the impact of computer date failure in a computer system, with an exception for conduct that results in a boycott.

{"src": "billsum_train", "title": "Y2K Liability and Antitrust Reform Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Elizabeth Cady Stanton Pregnant and Parenting Student Services Act of 2005''. SEC. 2. DEFINITIONS. In this Act: (1) Eligible institution of higher education.--The term ``eligible institution of higher education'' means an institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that has established and operates, or agrees to establish and operate upon the receipt of a grant under this Act, a pregnant and parenting student services office described in section 5. (2) Parent; parenting.--The terms ``parent'' and ``parenting'' refer to a parent or legal guardian of a minor. (3) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 3. PREGNANT AND PARENTING STUDENT SERVICES PILOT PROGRAM. From amounts appropriated under section 7 for a fiscal year, the Secretary shall establish a pilot program to award grants to eligible institutions of higher education to enable the eligible institutions to establish (or maintain) and operate pregnant and parenting student services offices in accordance with section 5. SEC. 4. APPLICATION; NUMBER OF GRANTS. (a) Application.--An eligible institution of higher education that desires to receive a grant under this Act shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require (b) Requests for Additional Information.--The Secretary may require an eligible institution submitting an application under subsection (a) to provide additional information if the Secretary determines such information is necessary to process the application. (c) Number of Grants.--The Secretary shall award grants under this Act to not more than 200 eligible institutions of higher education. SEC. 5. USE OF FUNDS. (a) In General.--An eligible institution of higher education that receives a grant under this Act shall use grant funds to establish (or maintain) and operate a pregnant and parenting student services office, located on the campus of the eligible institution, that carries out the following programs and activities: (1) Hosts an initial pregnancy and parenting resource forum-- (A) to assess available pregnancy and parenting resources located on the campus or within the local community; and (B) to set goals for-- (i) improved services for pregnant, parenting, and prospective parenting students; and (ii) improved access to such services. (2) Annually assesses the performance of the eligible institution and the office in meeting the following needs of students enrolled in the eligible institution who are pregnant or are parents: (A) Student health care that includes maternity coverage and makes available riders for additional family members. (B) Family housing. (C) Child care. (D) Flexible or alternative academic scheduling, such as telecommuting programs. (E) Education concerning responsible parenting for mothers and fathers, and education supporting healthy marriages. (F) Resources for pregnant women and children, such as maternity and baby clothing, baby food (including formula), and baby furniture. (G) Post-partum counseling and support groups. (3) Identifies public and private service providers, located on the campus of the eligible institution or within the local community, that are qualified to meet the needs described in paragraph (2), and establishes programs with qualified providers to meet such needs. (4) Assists pregnant and parenting students in locating and obtaining services that meet the needs described in paragraph (2). (5) If appropriate, provides referrals for prenatal care and delivery, infant or foster care, or adoption, to a student who requests such information. An office shall make such referrals only to service providers that primarily serve the following types of individuals: (A) Parents. (B) Prospective parents awaiting adoption. (C) Women who are pregnant and plan on parenting or placing the child for adoption. (D) Parenting or prospective parenting couples who are married or who plan on marrying in order to provide a supportive environment for each other and their child. (b) Expanded Services.--In carrying out the programs and activities described in subsection (a), an eligible institution of higher education receiving a grant under this Act may choose to provide access to such programs and activities to a pregnant or parenting employee of the eligible institution. SEC. 6. REPORTING. (a) Annual Report by Institutions.-- (1) In general.--For each fiscal year that an eligible institution of higher education receives a grant under this Act, the eligible institution shall prepare and submit to the Secretary, by the date determined by the Secretary, a report that-- (A) itemizes the pregnant and parenting student services office's expenditures for the fiscal year; (B) contains a review and evaluation of the performance of the office in fulfilling the requirements of this Act, using the specific performance criteria or standards established under paragraph (2)(A); and (C) describes the achievement of the office in meeting the needs listed in section 5(a)(2) of the students served by the eligible institution, and the frequency of use of the office by such students. (2) Performance criteria.--Not later than 180 days before the date the annual report described in paragraph (1) is submitted, the Secretary-- (A) shall identify the specific performance criteria or standards that shall be used to prepare the report; and (B) may establish the form or format of the report. (3) Additional information.--After reviewing an annual report of an eligible institution of higher education, the Secretary may require that the eligible institution provide additional information if the Secretary determines that such additional information is necessary to evaluate the pilot program. (b) Report by Secretary.--The Secretary shall annually prepare and submit a report on the findings of the pilot program under this Act, including the number of eligible institutions of higher education that were awarded grants and the number of students served by each pregnant and parenting services office receiving funds under this Act, to the appropriate committees of the Senate and the House of Representatives. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $10,000,000 for each of the fiscal years 2006 through 2010.

Elizabeth Cady Stanton Pregnant and Parenting Student Services Act of 2005 - Directs the Secretary of Education to establish a pilot program to provide grants to encourage eligible institutions of higher education to establish and operate pregnant and parenting student services offices for pregnant students, parenting students, prospective parenting students anticipating a birth or adoption, and students who are placing or have placed a child for adoption.

{"src": "billsum_train", "title": "A bill to establish a pilot program to provide grants to encourage eligible institutions of higher education to establish and operate pregnant and parenting student services offices for pregnant students, parenting students, prospective parenting students who are anticipating a birth or adoption, and students who are placing or have placed a child for adoption."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Infant Protection and Baby Switching Prevention Act of 1998''. SEC. 2. MEDICARE AND MEDICAID PAYMENTS TO HOSPITALS CONTINGENT ON IMPLEMENTATION OF SECURITY PROCEDURES REGARDING INFANT PATIENT PROTECTION AND BABY SWITCHING. (a) Agreements With Hospitals.--Section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)) is amended-- (1) in subparagraph (S), by striking the period at the end and inserting ``, or'', and (2) by inserting after subparagraph (S) the following new subparagraph: ``(T) in the case of hospitals and critical access hospitals which provide neonatal or infant care, to have in effect security procedures that meet standards established by the Secretary (in consultation with appropriate organizations) to reduce the likelihood of infant patient abduction and baby switching, including standards for identifying all infant patients in the hospital in a manner that ensures that it will be evident if infants are missing from the hospital.''. (b) Regulations.-- (1) In general.--In promulgating regulations under subparagraph (T) of section 1866(a)(1) of such Act (42 U.S.C. 1395cc(a)(1)), as added by subsection (a), the Secretary of Health and Human Services shall-- (A) consult with various organizations representing consumers, appropriate State and local regulatory agencies, hospitals, and critical access hospitals, (B) take into account variations in size and location of hospitals and critical access hospitals, and the percentage of overall services furnished by such hospitals and critical access hospitals that neonatal care and infant care represent, and (C) promulgate specific regulations that address each size and type of hospital covered. (2) Deadline for publication.--Not later than 12 months after the date of the enactment of this Act, the Secretary shall publish such regulations. In order to carry out this requirement in a timely manner, the Secretary may promulgate regulations that take effect on an interim basis, after notice and pending opportunity for public comment. (c) Penalties.-- (1) Amount of penalty.--A hospital that participates in the Medicare program under title XVIII of the Social Security Act under an agreement pursuant to section 1866 of such Act (42 U.S.C. 1395cc) that commits a violation described in paragraph (2) of this subsection is subject to a civil money penalty of not more than $50,000 (or not more than $25,000 in the case of a hospital with less than 100 beds) for each such violation. (2) Violation described.--A hospital described in paragraph (1) commits a violation for purposes of this subsection if the hospital fails to have in effect security procedures that meet standards established by the Secretary under section 1866(a)(1)(T) of such Act (42 U.S.C. 1395cc(a)(1)(T)) to reduce the likelihood of infant patient abduction and baby switching, including standards for identifying all infant patients in the hospital in a manner that ensures that it will be evident if infants are missing from the hospital. (3) Administrative provisions.--The provisions of section 1128A of such Act (42 U.S.C. 1320a-7a), other than subsections (a) and (b), shall apply to a civil money penalty under this subsection in the same manner as such provisions apply with respect to a penalty or proceeding under section 1128A(a). (d) Effective Date.--The amendments made by this section shall take effect 18 months after the date of the enactment of this Act and apply to the entry and renewal of contracts under section 1866 of such Act (42 U.S.C. 1395cc) on or after such date. SEC. 2. BABY SWITCHING PROHIBITED. (a) In General.--Chapter 55 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1205. Baby switching ``(a) Whoever being in interstate commerce knowingly alters or destroys an identification record of a newborn patient with the intention that the newborn patient be misidentified by any person shall be fined not more than $250,000 in the case of an individual and not more than $500,000 in the case of an organization, or imprisoned not more than ten years, or both. ``(b) As used in this section, the term `identification record' means a record maintained by a hospital to aid in the identification of newborn patients of the hospital, including any of the following: ``(1) The footprint, fingerprint, or photograph of the newborn patient. ``(2) A written description of the infant. ``(3) An identification bracelet or anklet put on the newborn patient, or the mother of the newborn patient, by a staff member of the hospital.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 55 of title 18, United States Code, is amended by adding at the end the following new item: ``1205. Baby switching.''.

Infant Protection and Baby Switching Prevention Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to require certain hospitals reimbursed under Medicare to have in effect security procedures to reduce the likelihood of infant patient abduction and baby switching, including procedures for identifying all infant patients in the hospital in a manner that ensures that it will be evident if infants are missing. Provides penalties for hospitals failing to have such security procedures in effect. Amends the Federal criminal code to prohibit and provide penalties for baby switching in hospitals.

{"src": "billsum_train", "title": "Infant Protection and Baby Switching Prevention Act of 1998"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Prescription Drug Disposal and Education Act''. SEC. 2. PRESCRIPTION DRUG DISPOSAL. (a) Delivery of Controlled Substances by Ultimate Users for Disposal.-- (1) Regulatory authority.--Section 302 of the Controlled Substances Act (21 U.S.C. 822) is amended by adding at the end the following: ``(g)(1) For the purpose of carrying out a grant program established by the Attorney General under section 2(b) of the Safe Prescription Drug Disposal and Education Act-- ``(A) an ultimate user (or an individual authorized to act on behalf of the ultimate user) who has lawfully obtained a controlled substance in accordance with this title may, without being registered, deliver the controlled substance to another person for the purpose of disposal of the controlled substance; and ``(B) a person to whom such controlled substance is being delivered may, without being registered, receive such controlled substance for such purpose. The Attorney General shall issue regulations to carry out this subsection. Such regulations shall be consistent with the public health and safety and ensure the safe disposal of any controlled substances handled, delivered, received, or disposed under this subsection.''. (2) Conforming amendment.--Section 308(b) of the Controlled Substances Act (21 U.S.C. 828(b)) is amended-- (A) by striking the period at the end of paragraph (2) and inserting ``; or''; and (B) by adding at the end the following: ``(3) the delivery or receipt of such a substance for the purpose of disposal by a person acting in accordance with section 302(g).''. (b) Prescription Drug Disposal Units.-- (1) Program established.--The Attorney General may make grants to eligible entities to establish and operate prescription drug disposal units for individuals to dispose of any prescription drug that such individuals no longer need or want, or that has expired at locations that the Attorney General determines are appropriate pursuant to State and local requirements related to waste or hazardous waste management and any regulations issued by the Food and Drug Administration. (2) Eligibility.--For purposes of this section, an eligible entity is a State, unit of local government, nonprofit organization, local educational agency, Indian tribe, a Federal, State, and local governmental agency, corporation, community coalition, or any combination thereof. (3) Use of funds.--An eligible entity receiving a grant under this section shall use the amounts received under such grant only for each of the following purposes: (A) To provide for the establishment, installation, replacement, maintenance, or operation of prescription drug disposal units meeting the requirements of subsection (e). (B) To hire a reverse distributor (as such term is defined in section 1300.01 of title 21 of the Code of Federal Regulations as of the date of the enactment of this Act), an appropriate waste or hazardous waste management organization, or any other appropriate entity in the State or unit of local government, to collect items contained in the prescription drug disposal units funded with amounts from the grant and dispose of such items. (4) Application.--To be eligible to receive a grant under this section, an eligible entity shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may require. (5) Prescription drug disposal unit requirements.--Each prescription drug unit funded with amounts from a grant under this section shall meet the following requirements: (A) The unit shall be secure against the risk of theft and access by unauthorized individuals. (B) The unit shall be placed in a location that is easily accessible to individuals seeking to dispose of prescription drugs. (C) The unit shall be clearly and conspicuously marked with ``Prescription Drug Drop-Off Box''. (6) Condition.--As a condition of receiving a grant under this section, an eligible entity receiving a grant shall agree to comply with any rules promulgated by the Attorney General regarding the safe and regular disposal of the prescription drugs contained in each prescription drug disposal unit funded by amounts from such grant. (7) Selection of grant recipients.-- (A) Selection criteria.--The Attorney General shall issue regulations to establish selection criteria for grants under this section. (B) Geographic distribution of grants.--The Attorney General shall ensure that, to the extent reasonable and practicable, an equitable geographic distribution of grant awards is made that considers the special needs of rural and urban communities. (8) Authorization of appropriations.--There is authorized to be appropriated $5,000,000 for each of fiscal years 2011 through 2014 to carry out this section. SEC. 3. PRESCRIPTION DRUG ABUSE EDUCATION. (a) Public Education Campaign.--The Director of National Drug Control Policy, in consultation with the Administrator of the Environmental Protection Agency, shall carry out a public education and outreach campaign to increase awareness of how ultimate users may lawfully and safely dispose of prescription drugs, including controlled substances, through drug take-back programs and other appropriate means. (b) Educational Program Grants.-- (1) Educational programs to prevent prescription drug abuse.--The Attorney General may make grants to eligible entities to design and implement educational programs on the abuse of the following items: (A) Prescription drugs. (B) Household items that may be used to have an altering effect on perception, emotion, or behavior similar to that caused by the use of psychotropic drugs. (2) Eligibility.--For purposes of this section, an eligible entity is an entity described in section 2(b) of this Act. (3) Use of funds.--An eligible entity receiving a grant under this section shall use the amounts received from such grant to develop and implement educational programs designed to educate students in the sixth through twelfth grades and parents and legal guardians of such students, on topics related to the abuse of prescription drugs, including the following: (A) The health risks and legal liability posed by the abuse of the items described in paragraphs (1) and (2) of subsection (a). (B) The dangers posed by stealing prescription drugs from other individuals. (C) For a parent or legal guardian, indications that a student may be abusing the items described in paragraphs (1) and (2) of subsection (a). (D) The behaviors that can lead to the abuse of such items. (E) Available methods for the safe disposal and collection of such items. (F) Resources available for an intervention in the case of a person who has been abusing such items. (4) Application.--To be eligible to be selected to receive a grant under this section, an eligible entity shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may require. (5) Selection of grant recipients.-- (A) In general.--In selecting recipients for grants under this section, the Attorney General shall-- (i) consult with the peer review committee established under paragraph (2); (ii) give priority to any eligible entity in connection with an application submitted under subsection (d) that demonstrates community support for the application; and (iii) ensure that, to the extent reasonable and practical, an equitable geographic distribution of grant awards is made that considers the special needs of rural and urban communities. (B) Peer review committee.-- (i) In general.--The Attorney General shall establish a peer review committee to review applications for a grant under this section and to submit to the Attorney General recommendations on which applications should be approved for a grant, which shall consist of 7 members appointed by the Attorney General. (ii) Composition.--Such committee shall be composed of at least one of each of the following individuals: (I) A substance abuse counselor. (II) A psychological counselor. (III) A public health official. (IV) A physician. (V) A community anti-drug coalition leader. (VI) An appopriate member of a State or local law enforcement agency. (iii) Basic pay.--Members of the committee shall serve without pay. (iv) Terms.--Each member of the committee shall serve for two years and may serve for as many successive terms as the member agrees to serve and as the Attorney General may request. (v) Vacancies.--If a vacancy occurs on such committee, the Attorney General shall appoint a new member in the same manner as the initial appointment was made under this subsection. (6) Authorization of appropriations.--There is authorized to be appropriated $5,000,000 for each of fiscal years 2011 through 2014 to carry out this section.

Safe Prescription Drug Disposal and Education Act - Amends the Controlled Substances Act to permit, for purposes of carrying out the grant program established by this Act for drug disposal units: (1) an ultimate user (or an authorized agent of the ultimate user) who has lawfully obtained a controlled substance to deliver such substance, without being registered, to another person for disposal; and (2) such person to receive such substance for disposal, without being registered. Authorizes the Attorney General to make grants to an eligible entity (i.e., a state, local government, local educational agency, Indian tribe, a federal, state, or local governmental agency, corporation, community coalition, or any combination of such entities) to: (1) establish and operate prescription drug disposal units for disposal of unneeded or expired prescription drugs; and (2) design and implement educational programs on the abuse of prescription drugs and on household items that may be used to cause perception, emotion, or behavior similar to that caused by the use of psychotropic drugs. Directs the Director of National Drug Control Policy to carry out a public education and outreach campaign to increase awareness of how ultimate users may lawfully and safely dispose of prescription drugs, including controlled substances, through drug take-back programs.

{"src": "billsum_train", "title": "To authorize the Attorney General to make grants to States, units of local government, Indian tribes, and other entities for prescription drug disposal units and for prescription drug abuse education."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Broadband Initiative Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Rural Electrification Act of 1936 helped bring electricity and telephone service to rural America, thus removing major barriers to the development of our rural economies. (2) A lack of affordable broadband presents a similar barrier to the development of our rural economy. (3) According to the Federal Communications Commission, 53 percent of rural Americans lack access to service delivering broadband speeds of 25 Mbps for downloads and 3 Mbps for uploads. (4) High-speed broadband access helps rural communities compete and grow in our digital economy. SEC. 3. SENSE OF THE CONGRESS. It is the sense of the Congress that necessary funds should be made available to provide universal and affordable broadband access to the United States of America with a focus on underserved rural communities. SEC. 4. OFFICE OF RURAL BROADBAND INITIATIVES. (a) In General.--Title VI of the Rural Electrification Act of 1936 (7 U.S.C. 950bb et seq.) is amended-- (1) by redesignating sections 601 through 603 as sections 603 through 605, respectively; and (2) by inserting before section 603 (as so redesignated) the following new sections: ``SEC. 601. DEFINITIONS. ``In this title: ``(1) Office.--The term `Office' means the Office of Rural Broadband Initiatives established by section 602(a)(1). ``(2) Under secretary.--The term `Under Secretary' means the Under Secretary for Rural Broadband Initiatives appointed under section 602(a)(2). ``SEC. 602. OFFICE OF RURAL BROADBAND INITIATIVES. ``(a) Establishment.-- ``(1) In general.--There is established in the Department of Agriculture an office to be known as the `Office of Rural Broadband Initiatives'. ``(2) Under secretary.--The head of the Office shall be the Under Secretary for Rural Broadband Initiatives, who shall-- ``(A) be appointed by the President, by and with the advice and consent of the Senate; and ``(B) report directly to the Secretary. ``(b) Responsibilities.-- ``(1) In general.--The Under Secretary shall-- ``(A) as of the date of enactment of this section, administer all rural broadband-related grant and loan programs previously administered by the Administrator of the Rural Utilities Service, including-- ``(i) the rural broadband access loan and loan guarantee program established under section 603; ``(ii) the Community Connect Grant Program described in subpart A of part 1739 of title 7, Code of Federal Regulations (or successor regulations); and ``(iii) the Telecommunications Infrastructure Loan program established under this Act. ``(2) Requirements.--The Under Secretary shall-- ``(A) conduct extensive, nationwide outreach to rural areas; ``(B) foster the development of a comprehensive rural broadband strategic vision; ``(C) plan coordination of Federal resources for State, regional, and local governments to assist citizens living and working in rural areas; ``(D) assess all relevant technologies (including WiFi, WIMAX, DSL, cable, satellite, fiber, and broadband over power lines), as the technologies are able to support in whole or in part rural broadband needs and requirements; ``(E) serve as a single information source for all rural broadband programs and services administered by Federal agencies, and coordinate the activities undertaken under Federal rural broadband programs; and ``(F) provide technical assistance to State, regional, and local governments to develop broadband deployment strategies. ``(c) Comprehensive Rural Broadband Strategy.-- ``(1) In general.--Not later than 180 days after the appointment of the first Under Secretary, the Under Secretary shall submit to the President and Congress a report describing comprehensive rural broadband strategy that includes-- ``(A) recommendations-- ``(i) to promote interagency coordination of Federal agencies in regards to policies, procedures, and targeted resources, and to improve and streamline the policies, programs, and services; ``(ii) to coordinate among Federal agencies regarding existing rural broadband or rural initiatives that could be of value to rural broadband development; ``(iii) to address both short- and long- term solutions and needs assessments for a rapid build-out of rural broadband solutions and applications for Federal, State, regional, and local government policy makers; ``(iv) to identify how specific Federal agency programs and resources can best respond to rural broadband requirements and overcome obstacles that currently impede rural broadband deployment; and ``(v) to promote successful model deployments and appropriate technologies being used in rural areas so that State, regional, and local governments can benefit from the cataloging of successes of other State, regional, and local governments; and ``(B) a description of goals and timeframes to achieve the strategic plans and visions identified in the report. ``(2) Updates.--The Under Secretary shall update and evaluate the report described in paragraph (1) on an annual basis. ``(d) Rural Broadband Advisory Panel.-- ``(1) In general.--Not later than 60 days after the date of appointment of the first Under Secretary, the Under Secretary shall submit to Congress a plan to establish a Rural Broadband Advisory Panel (referred to in this subsection as the `Panel'). ``(2) Chairperson.--The Panel shall be chaired by the Under Secretary or a designee. ``(3) Membership.--The Panel shall be composed of representatives of-- ``(A) State government; ``(B) local government; ``(C) communications equipment vendors (including broadband data service providers); ``(D) public utility services; ``(E) local exchange carriers; ``(F) wireless carriers; ``(G) satellite communications services; and ``(H) other appropriate public or private sector entities, as determined by the Under Secretary. ``(4) Meetings.--The Panel shall meet not less than 4 times each year. ``(5) Duties.--The Advisory Panel shall-- ``(A) assist the Under Secretary in updating the annual report described in subsection (c)(2); ``(B) evaluate the effectiveness of all Federal broadband assistance programs and policies aimed at fostering broadband access in rural and underserved areas; ``(C) evaluate best practices employed at the State and local government level to foster broadband access in rural and underserved areas; and ``(D) cooperate with the Under Secretary in addressing and evaluating issues determined by the Under Secretary to be critical to fostering broadband access and connectivity in rural and underserved areas. ``(e) Web-Based Clearinghouse.--The Under Secretary shall establish a comprehensive and interactive rural broadband Web-based clearinghouse that describes options, opportunities, resources, successful public- private partnerships, comprehensive funding sources, and technology tutorials for rural broadband, including-- ``(1) case studies; ``(2) descriptions of best practices; ``(3) assessments of various technology solutions; ``(4) feasibility studies; ``(5) applications, including telework, telemedicine, distance learning, training, homeland security, senior citizen connectivity and program development, and business and economic development; ``(6) rural broadband options and policies analysis; and ``(7) support for networks among rural communities and economic development agencies.''. (b) Conforming Amendments.--Section 603 of the Rural Electrification Act of 1936 (as so redesignated by subsection (a)(1)) is amended-- (1) in subsection (d)(1)(B), by striking ``subsection (k)'' and inserting ``subsection (l)''; (2) in subsection (j), by striking ``Administrator'' and inserting ``Under Secretary''; (3) by redesignating subsections (k) and (l) as subsections (l) and (m), respectively; and (4) by inserting after subsection (j) the following: ``(k) Rules Revision.-- ``(1) In general.--Not later than 60 days after the date of appointment of the first Under Secretary, the Under Secretary shall submit to Congress a revision of the rules and qualification criteria for the loan and loan guarantee programs under this section. ``(2) Requirements.--In preparing the revision, the Under Secretary shall-- ``(A) emphasize streamlining the application process and processing time; ``(B) ensure that the financial requirements for applicants do not unduly disqualify applicants that have demonstrated a viable business plan; and ``(C) not diminish the mission of the program to deliver broadband service to underserved rural areas.''. SEC. 5. SUFFICIENCY OF RESOURCES. (a) In General.--Not later than 60 days after the date of enactment of this Act, the Secretary of Agriculture shall submit to Congress a report describing the resources and staff necessary to carry out this Act and the amendments made by this Act. (b) Preparation of Report.--The Secretary shall provide the Office of Rural Broadband Initiatives the resources and staff necessary to carry out this section. (c) Comptroller General Review.-- (1) In general.--The Comptroller General of the United States shall review the report submitted under subsection (a) for validity. (2) Report.--Not later than 30 days after the date on which the report is submitted under subsection (a), the Comptroller General of the United States shall submit to Congress a report containing the findings of the review under paragraph (1).

Rural Broadband Initiative Act This bill amends the Rural Electrification Act of 1936 to establish an Office of Rural Broadband Initiatives at the Department of Agriculture (USDA) and an Under Secretary for Rural Broadband Initiatives appointed by the President to head the Office. The Under Secretary is responsible for administering all rural broadband-related grant and loan programs previously administered by the Administrator of the Rural Utilities Service and must: conduct nationwide outreach to rural areas; foster the development of a comprehensive rural broadband strategic vision; plan coordination of federal resources for state, regional, and local governments to assist rural areas; assess all relevant technologies; serve as a single information source for and coordinate all federal rural broadband programs and services; and provide technical assistance to state, regional, and local governments. The Under Secretary must also: submit to the President and Congress a comprehensive rural broadband strategy; submit to Congress a plan to establish a Rural Broadband Advisory Panel; establish a web-based clearinghouse that describes options, opportunities, resources, successful public-private partnerships, funding sources, and technology tutorials; and revise the rules and qualification criteria for the loan and loan guarantee programs. USDA must report to Congress on the resources and staff necessary to carry out this bill, and the Government Accountability Office must review the report.

{"src": "billsum_train", "title": "Rural Broadband Initiative Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prevent Terrorists from Reuniting with Terrorist Cells Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Congress passed the Authorization to use Military Force in the wake of the devastating attacks on United States soil on September 11, 2001. (2) Many persons captured during Operation Enduring Freedom and otherwise were transferred to Naval Station, Guantanamo Bay, Cuba (hereinafter in this section referred to as ``Guantanamo Bay''). (3) The detention facility at Guantanamo Bay is the only complex in the world that can safely hold individuals that pose a high-security risk to the United States. (4) Such facility is a secure location away from population centers, provides maximum security required to prevent escape, provides multiple levels of confinement opportunities based on compliance of the detainee, and provides medical care not available to a majority of the population of the world. (5) As of the date of the enactment of this Act, there are 198 individuals detained at Guantanamo Bay. (6) These detainees include terrorist trainers, terrorist financiers, bomb makers, Osama bin Laden's bodyguards, terrorist recruiters and facilitators, and would-be suicide bombers. (7) Detainees remaining at Guantanamo Bay fall into the following three categories: (A) Detainees who have been cleared for release, but for whom the United States has not been able to find a foreign country willing to accept them. (B) Detainees who have been tried, had charges referred to trial, or are awaiting for referral to trial, including for alleged violations of the law of war. (C) Detainees who either pose a high threat to the United States or who have been placed in preventive detention to stop them from returning to the battlefield. (8) Although 779 individuals have been transferred to Guantanamo Bay since early 2002, the substantial majority of Guantanamo Bay detainees have ultimately been transferred to a third country for continued detention or release. (9) Since 2002, of the 779 total detainees, more than 550 have departed Guantanamo Bay for other countries, including Albania, Afghanistan, Australia, Bangladesh, Bahrain, Belgium, Denmark, Egypt, France, Iran, Iraq, Jordan, Kuwait, Kazakhstan, Libya, Maldives, Mauritania, Morocco, Pakistan, Qatar, Russia, Saudi Arabia, Spain, Sweden, Sudan, Tajikistan, Turkey, Uganda, the United Kingdom, United States, and Yemen. (10) In the Department of State publication entitled ``Country Reports on Terrorism 2008'', printed on April 30, 2009, there are listed 22 nations and regions that are considered to be terrorist safe havens and 4 nations considered to be state sponsors of terrorism. (11) As of the date of the enactment of this Act, individuals who were detained at Guantanamo Bay have been transferred for detention or release to 4 of the 22 regions or nations considered terrorist safe havens and 2 of the 4 nations listed as State Sponsors of terrorism. (12) Iraq is recognized as a nation with terrorist activity by the Department of State, and at least 7 individuals who were detained at Guantanamo Bay have been transferred to or released into Iraq. (13) Afghanistan is recognized as a terrorist safe haven by the Department of State, and at least 199 individuals who were detained at Guantanamo Bay have been transferred to or released into Afghanistan. (14) Pakistan is recognized as a terrorist safe haven by the Department of State, and at least 63 individuals who were detained at Guantanamo Bay have been transferred to or released into Pakistan. (15) Iran is recognized as ``the most active state sponsor of terrorism'' by the Department of State, and at least 2 individuals who were detained at Guantanamo Bay have been transferred to or released into Iran. (16) Sudan is recognized as a state sponsor of terrorism by the Department of State, and at least 9 individuals who were detained at Guantanamo Bay have been transferred to or released into Sudan. (17) Yemen is recognized as a terrorist safe haven by the Department of State, and at least 21 individuals who were detained at Guantanamo Bay have been transferred to or released into Yemen. (18) There are approximately 90 Yemeni nationals who are detained at Guantanamo Bay as of the date of the enactment of this Act, approximately 45 of which have been qualified for repatriation. (19) Said Ali al-Shihri, who is suspected of involvement in the bombing of the United States Embassy in Yemen on September 17, 2008, was released from detention at Guantanamo Bay to Saudi Arabia in 2007, passed through a Saudi rehabilitation program, and has resurfaced as the new deputy leader of al Qaeda in Yemen. (20) On December 25, 2009, there was an attempted terrorist attack on American soil when Umar Farouk Abdulmutallab detonated an explosive device that fortunately malfunctioned. (21) Al Qaeda in Yemen has declared that it trained Abdulmutallab, who now has sworn charges against him, in terrorist activity. (22) Although President Obama has temporarily halted the transfer of Guantanamo Bay detainees to Yemen, detainees are still permitted to be transferred to other nations recognized by the Department of State as being complicit in terrorist activity, being that they are terrorist safe havens or state sponsors of terrorism. (23) According to the Department of Defense special report entitled ``Ex-Guantanamo Detainees Who Have Returned to the Fight'' published on April 7, 2009, 14 percent of the former Guantanamo Bay detainees have been confirmed or suspected of reengaging in terrorist activities. (24) The special report also says ``of the more than 530 Guantanamo detainees transferred from Department of Defense custody at Guantanamo Bay, 27 were confirmed and 47 were suspected of reengaging in terrorist activity. Between December 2008 and March 2009, nine detainees were added to the confirmed list, six of whom were previously on the suspected list.''. (25) It has been reported that the recidivism rate for Guantanamo Bay detainees that have been transferred or released from the detention facility at Guantanamo Bay, Cuba, has risen from 14 percent to 20 percent since the special report was published. (26) The threat to the national security interests of the United States and the welfare of its people is at a greater risk when Guantanamo Bay detainees are transferred or released into nations recognized as terrorist safe havens or state sponsors of terrorism. (27) The world is globally connected and mobile and allows for the transport of individuals across national and international boundaries with minimal or no supervision. SEC. 3. LIMITATION ON TRANSFER AND RELEASE OF INDIVIDUALS DETAINED AT NAVAL STATION, GUANTANAMO BAY, CUBA. No individual who is detained at Naval Station, Guantanamo Bay, Cuba, as of the date of the enactment of this Act, may be transferred or repatriated, for the purposes of release or detention, into a nation or region that is recognized by the Department of State or the Department of Defense as a haven of any manner, kind, or fashion for terrorist activity or that has been classified as a state sponsor of terrorism.

Prevent Terrorists from Reuniting with Terrorist Cells Act - Prohibits the transfer or repatriation for release or detention of any individual detained at Naval Station, Guantanamo Bay, Cuba, to a nation or region that is recognized by the Department of State or the Department of Defense (DOD) as a haven for terrorist activity or that has been classified as a state sponsor of terrorism.

{"src": "billsum_train", "title": "To prohibit the release or transfer of an individual detained at Naval Station, Guantanamo Bay, Cuba, into or to the custody of any country or region that is recognized by the Department of State or the Department of Defense as a haven for terrorist activity or that has been classified as a state sponsor of terrorism."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Limited Congressional Pension Act of 1995''. SEC. 2. AMENDMENTS RELATING TO THE CIVIL SERVICE RETIREMENT SYSTEM. (a) In General.--Subchapter III of chapter 83 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 8352. Limitations relating to Members ``(a)(1) For the purpose of this section-- ``(A) the term `maximum allowable period of member service' means the greater of-- ``(i) 12 years of member service; or ``(ii) the total number of years of member service completed by the Member before the effective date of this section (expressed in terms of the full years and twelfth parts thereof, excluding from the aggregate the fractional part of a month, if any); ``(B) the term `deemed separation date', as used with respect to a Member, means the date such Member is deemed under subsection (b)(1)(A) or (B), as the case may be, to have separated from service as a Member; and ``(C) the term `deemed separation' means a separation deemed to have occurred under subsection (b)(1)(A) or (B). ``(2) This section shall apply with respect to any individual serving as a Member on or after the effective date of this section, excluding a reemployed annuitant whose annuity commenced before such effective date. ``(b) Except as otherwise provided in this section-- ``(1)(A) any Member who has completed the maximum allowable period of member service before the effective date of this section shall, for purposes of this subchapter, be deemed to have separated from service on the day before such effective date; and ``(B) any Member who completes the maximum allowable period of member service on or after the effective date of this section shall, for purposes of this subchapter, be deemed to have separated from service on the date on which such Member completes the maximum allowable period of member service; and ``(2) any Member who is deemed to have separated from service under subparagraph (A) or (B) of paragraph (1)-- ``(A) may not thereafter remain or become subject to either the Civil Service Retirement System or the Federal Employees' Retirement System as a Member of Congress (as defined by section 2106); and ``(B) for purposes of this subchapter, shall, while thereafter serving as a Member of Congress (as so defined), be treated in the same way as a former Member not then performing Government service. ``(c)(1) This subsection shall apply with respect to any Member described in subsection (b)(1)(A) or (B). ``(2) A Member to whom this subsection applies shall not be eligible for an immediate or deferred annuity based on any deemed separation. Rather, actual separation must occur in order to be eligible for such an annuity. ``(3) For purposes of determining whether a Member satisfies the age and service requirements for title to an annuity-- ``(A) the Member's age as of the Member's deemed separation date shall be used; and ``(B) the Member's total service as of the Member's deemed separation date shall be used, subject to paragraph (7). ``(4) The requirements of subsections (b) and (c) of section 8333 shall be considered met if the Member would satisfy those requirements as of the Member's deemed separation date (assuming the Member actually separated on that date). ``(5) For purposes of any computation of annuity-- ``(A) average pay shall be determined disregarding pay for any member service performed after the Member's deemed separation date; ``(B) any reduction under section 8339(h) shall be made using the age determined under paragraph (3)(A); and ``(C) the Member's total service shall be equal to the total service determined under paragraph (3)(B). For purposes of applying the respective limitations under sections 8339(f) and 8340(g), the average pay and final pay (or final basic pay) of a Member shall likewise be determined based on the Member's deemed separation date. ``(6)(A) Any deadline (such as for making an election or making a deposit) which is fixed by reference to date of separation shall be applied using the Member's actual separation date. ``(B) Any determination as to the marital status of the Member as of date of separation shall be made based on the Member's actual separation date. ``(7) For purposes of determining any period of military service which is creditable for purposes of section 8339(c)(1), the date of final separation from service as a Member (as referred to in section 8332(d)) shall be the Member's actual separation date. ``(d)(1) No contribution to the Thrift Savings Fund may be made by any Member with respect to any pay period beginning on or after the effective date of this section. ``(2) Except as provided in paragraph (1), nothing in this section shall be considered to permit or require that a Member be treated as having separated before such Member's actual separation date for purposes of the Thrift Savings Plan. ``(e) Regulations to carry out this section may be prescribed by the Office of Personnel Management and the Executive Director (within the meaning of section 8401(13)) with respect to matters within their respective areas of jurisdiction. ``(f) This section shall take effect as of the first day of the Congress next beginning after the date of the enactment of the Limited Congressional Pension Act of 1995.''. (b) Conforming Amendment.--The table of sections for chapter 83 of title 5, United States Code, is amended by adding at the end the following: ``8352. Limitations relating to Members.''. SEC. 3. AMENDMENTS RELATING TO THE FEDERAL EMPLOYEES' RETIREMENT SYSTEM. (a) In General.--Subchapter I of chapter 84 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 8404. Limitations relating to Members ``(a)(1) For the purpose of this section-- ``(A) the term `maximum allowable period of member service' means the greater of-- ``(i) 12 years of member service; or ``(ii) the total number of years of member service completed by the Member before the effective date of this section (expressed in terms of the full years and twelfth parts thereof, excluding from the aggregate the fractional part of a month, if any); ``(B) the term `deemed separation date', as used with respect to a Member, means the date such Member is deemed under subsection (b)(1)(A) or (B), as the case may be, to have separated from service as a Member; ``(C) the term `deemed separation' means a separation deemed to have occurred under subsection (b)(1)(A) or (B); and ``(D) the term `member service' means any service as a Member and any service constituting member service within the meaning of section 8331(14). ``(2) This section shall apply with respect to any individual serving as a Member on or after the effective date of this section, excluding a reemployed annuitant whose annuity commenced before such effective date. ``(b) Except as otherwise provided in this section-- ``(1)(A) any Member who has completed the maximum allowable period of member service before the effective date of this section shall, for purposes of this chapter, be deemed to have separated from service on the day before such effective date; and ``(B) any Member who completes the maximum allowable period of member service on or after the effective date of this section shall, for purposes of this chapter, be deemed to have separated from service on the date on which such Member completes the maximum allowable period of member service; and ``(2) any Member who is deemed to have separated from service under subparagraph (A) or (B) of paragraph (1)-- ``(A) may not thereafter remain or become subject to the Federal Employees' Retirement System as a Member of Congress (as defined by section 2106); and ``(B) for purposes of this chapter, shall, while thereafter serving as a Member of Congress (as so defined), be treated in the same way as a former Member not then performing Government service. ``(c)(1) This subsection shall apply with respect to any Member described in subsection (b)(1)(A) or (B). ``(2) A Member to whom this subsection applies shall not be eligible for an immediate or deferred annuity based on any deemed separation. Rather, actual separation must occur in order to be eligible for such an annuity. ``(3) For purposes of determining whether a Member satisfies the age and service requirements for title to an annuity-- ``(A) the Member's age as of the Member's deemed separation date shall be used; and ``(B) the Member's total service as of the Member's deemed separation date shall be used, subject to paragraph (6). However, for purposes of determining eligibility for an annuity supplement under section 8421, the Member's actual age shall be used. ``(4) For purposes of any computation of annuity-- ``(A) average pay shall be determined disregarding pay for any member service performed after the Member's deemed separation date; and ``(B) the Member's total service shall be equal to the total service determined under paragraph (3)(B). Any annuity supplement under section 8421 shall be computed in a manner consistent with the preceding sentence. ``(5)(A) Any deadline (such as for making an election or making a deposit) which is fixed by reference to date of separation shall be applied using the Member's actual separation date. ``(B) Any determination as to the marital status of the Member and any similar determination shall be made based on the Member's actual separation date. ``(6) For purposes of determining any period of military service which is creditable for purposes of section 8411(c), the date of separation from service as a Member shall be the Member's actual separation date. ``(d)(1) No contribution to the Thrift Savings Fund may be made by or for the benefit of any Member (including under section 8432(c)(1)) with respect to any pay period beginning on or after the effective date of this section. ``(2) Except as provided in paragraph (1), nothing in this section shall be considered to permit or require that a Member be treated as having separated before such Member's actual separation date for purposes of the Thrift Savings Plan. ``(e) Regulations to carry out this section may be prescribed by the Office of Personnel Management and the Executive Director with respect to matters within their respective areas of jurisdiction. ``(f) This section shall take effect as of the first day of the Congress next beginning after the date of the enactment of the Limited Congressional Pension Act of 1995.''. (b) Conforming Amendment.--The table of sections for chapter 83 of title 5, United States Code, is amended by adding at the end the following: ``8404. Limitations relating to Members.''.

Limited Congressional Pension Act of 1995 - Amends Federal civil service law to limit to 12 years (with certain exceptions) the number of years that a Member of Congress may participate in either the Civil Service Retirement System or the Federal Employees' Retirement System.

{"src": "billsum_train", "title": "Limited Congressional Pension Act of 1995"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``End Veteran Homelessness Act of 2010''. SEC. 2. INCREASE IN AMOUNT AUTHORIZED TO BE APPROPRIATED FOR COMPREHENSIVE SERVICE PROGRAMS FOR HOMELESS VETERANS. Section 2013 of title 38, United States Code, is amended-- (1) by striking ``fiscal year 2007'' and inserting ``fiscal year 2010''; and (2) by striking ``$150,000,000'' and inserting ``$200,000,000''. SEC. 3. IMPROVEMENT OF PAYMENTS FOR PROVIDING SERVICES TO HOMELESS VETERANS. (a) Improvement of Payments.--Section 2012 of title 38, United States Code, is amended-- (1) by striking ``per diem'' wherever it appears; (2) in subsection (a)(2)-- (A) in subparagraph (A)-- (i) by striking ``daily cost of care'' and inserting ``annual cost of furnishing services''; and (ii) by striking the second sentence; (B) by striking subparagraph (B) and inserting the following new subparagraph (B): ``(B) The Secretary shall annually adjust the rate of payment under subparagraph (A) to reflect anticipated changes in the cost of furnishing services and to take into account the cost of providing services in a particular geographic area. The Secretary may set a maximum amount payable to a grant recipient under this section.''; (C) in subparagraph (C), by striking ``other sources of income'' and all that follows through the period at the end and inserting ``the cost of services provided by the grant recipient as the Secretary may require to assist the Secretary in making the determination under subparagraph (A)''; (D) by striking subparagraph (D) and inserting the following new subparagraph (D): ``(D) In making the determination under subparagraph (A), the Secretary may consider the availability of other sources of income, including payments to the grant recipient or eligible entity for furnishing services to homeless veterans under programs other than under this subchapter, payments or grants from other departments or agencies of the United States, from departments or agencies of State or local governments, or from private entities or organizations.''; and (E) by adding at the end the following new subparagraph: ``(E) The Secretary shall authorize payments under this subsection to each grant recipient on an annual basis but shall make a payment to each grant recipient for each calendar quarter in an amount equal to a portion of the annual amount authorized for such recipient. Upon the expiration of a calendar quarter, each grant recipient shall provide to the Secretary a statement of the amount spent by the recipient during that calendar quarter, and if the amount spent is less than the amount provided for that calendar quarter, repay to the Secretary the balance. If the amount spent by a grant recipient for such purpose for a calendar quarter exceeds the amount provided to the recipient for that quarter, the Secretary shall make an additional payment to the recipient in an amount equal to the amount by which the amount so spent exceeded the amount so provided, as long as the total amount provided to such recipient in a calendar year does not exceed the amount of the annual payment for that recipient.''; (3) in subsection (a), by striking paragraph (3) and inserting the following new paragraph (3): ``(3) Payments under this subsection to a grant recipient or eligible entity may be used to match, or in combination with, other payments or grants for which the recipient or entity is eligible.''; and (4) in subsection (c)-- (A) by striking paragraph (2); and (B) by redesignating paragraph (3) as paragraph (2). (b) Clerical Amendments.-- (1) Section heading.--The section heading for such section is amended to read as follows: ``Sec. 2012. Payments for furnishing services to homeless veterans''. (2) Subsection heading.--The heading for subsection (a) of such section is amended by striking ``Per Diem''. (3) Table of sections.--The table of sections at the beginning of chapter 20 of such title is amended by striking the item relating to section 2012 and inserting the following new item: ``2012. Payments for furnishing services to homeless veterans.''. SEC. 4. SUPPORTED HOUSING PROGRAM OUTREACH. (a) In General.--Chapter 20 of title 38, United States Code, is further amended by adding at the end of subchapter III the following new section: ``Sec. 2024. Supported housing program outreach ``(a) Landlord Outreach.--(1) The Secretary shall ensure that each medical center of the Department that provides treatment and services under the supported housing program under section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) employs or provides (through coordination with a public housing agency, homeless service provider, or other appropriate organization) one or more specialists, which may include peer specialists who were formerly homeless veterans, for handling housing issues in conjunction with the program under this subsection. ``(2) Such specialists shall conduct outreach to landlords to encourage and facilitate participation in the supportive housing program, mediate disputes between veterans receiving assistance under such program and landlords, establish and maintain a list of dwelling units available for rental with assistance under such program, and carry out other appropriate activities. ``(b) Homelessness Prevention and Rapid Re-Housing Assistance.--The Secretary shall coordinate with the Secretary of Housing and Urban Development to provide assistance to homeless veterans in accessing the Homelessness Prevention and Rapid Re-Housing Program administered by the Secretary of Housing and Urban Development for assistance for basic essentials, security deposits for rental dwelling units, and advance payments of the first month's rent for such units.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end of the items relating to subchapter III the following new item: ``2024. Supported housing program outreach.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF VETERANS AFFAIRS PROGRAM TO PROVIDE FINANCIAL ASSISTANCE FOR SUPPORTIVE SERVICES FOR VERY LOW-INCOME VETERAN FAMILIES IN PERMANENT HOUSING. Section 2044(e) of title 38, United States Code, is amended-- (1) in paragraph (1), by adding at the end the following new subparagraphs: ``(D) $50,000,000 for fiscal year 2012. ``(E) $75,000,000 for fiscal year 2013. ``(F) $100,000,000 for each subsequent fiscal year.''; and (2) in paragraph (3), by striking ``each of the fiscal year 2009 through 2011'' and inserting ``each fiscal year''. SEC. 6. PROMOTION OF AWARENESS OF DEPARTMENT OF VETERANS AFFAIRS PROGRAMS TO ASSIST HOMELESS VETERANS AMONG HOMELESS WOMEN VETERANS AND HOMELESS VETERANS WITH CHILDREN. Section 532 of title 38, United States Code, is amended by inserting after ``homeless veterans'' the following: ``(with a special emphasis on promoting awareness of such assistance among homeless women veterans and homeless veterans with children)''. Passed the House of Representatives March 22, 2010. Attest: LORRAINE C. MILLER, Clerk.

End Veteran Homelessness Act of 2010 - Extends through FY2010, and increases the amount of, the authorization of appropriations for Department of Veterans Affairs (VA) comprehensive service programs for homeless veterans. Revises provisions concerning payments for providing services for homeless veterans to direct the Secretary of Veterans Affairs to annually adjust the rate of such payment to reflect anticipated changes in the cost of furnishing services and to take into account the cost of providing services in a particular geographic area. Directs the Secretary to make such payments quarterly, while requiring quarterly statements from recipients on amounts expended. Requires the Secretary to ensure that each VA medical center that provides treatment and services under the supported housing program of the United States Housing Act of 1937 employs or provides one or more specialists to handle program issues and to conduct outreach to landlords to encourage and facilitate program participation. Directs the Secretary to coordinate with the Secretary of Housing and Urban Development (HUD) to provide assistance to homeless veterans in accessing HUD's Homelessness Prevention and Rapid Re-Housing Program. Authorizes appropriations for FY2012 and thereafter for VA financial assistance for supportive services for very low-income veteran families occupying permanent housing. Authorizes, in connection with VA authority to advertise in the national media concerning available VA benefits, a special emphasis to be placed on promoting awareness of assistance for homeless women veterans and homeless veterans with children.

{"src": "billsum_train", "title": "To amend title 38, United States Code, to make certain improvements in the services provided for homeless veterans under the laws administered by the Secretary of Veterans Affairs."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Transform America Transaction Fee Act of 2005''. SEC. 2. FINDINGS. The Congress finds the following: (1) An effective stimulus plan meets the criteria of job creation, fiscal responsibility, fairness, targeting of unmet needs, tax reform and revenue sharing. (2) The current tax structure creates economic distortions that limit growth and job creation. (3) The estimated cost of compliance to taxpayers is five billion hours and approximately $200 billion. (4) The tax code produces inefficiency in revenue raising that forces the nation to struggle unnecessarily under the burden of unequal and inadequate systems of public education and health care, a crumbling physical and social services infrastructure, and a crushing national debt. (5) Implementing a transaction fee will provide the structure to maintain current expenditures on defense-related activities without sacrificing expenditures on additional important national priorities. (6) Restructuring the tax code will promote economic prosperity. (7) Replacing existing Federal taxes with a fee on transactions eliminates systemic inefficiency that plagues the current tax code. (8) Economic analyses have estimated a transaction fee would allow businesses to undertake projects that are not profitable in the current tax system, and workers would be more willing to supply labor. (9) Responsible tax reform is necessary for all to enjoy financial security, economic prosperity, educational opportunities, and affordable health care. (10) Therefore, the Department of the Treasury shall prepare a comprehensive analytical report to achieve these stated goals. SEC. 3. STUDY ON THE IMPLEMENTATION OF A TRANSACTION FEE. (a) In General.--The Secretary of the Treasury shall conduct an in- depth study on the implementation of a transaction fee in the United States. In particular, such study shall include a comprehensive analytical report of the proposal outlined in subsection (b) (as well as an implementation/action plan) to replace all existing Federal taxes with a per transaction fee based on the value of the transaction. (b) Transaction Fee Proposal.-- (1) In general.--The fee under the proposal would apply to all non-cash transactions (including checks, credit cards, transfers of stocks, bonds, and other financial instruments) and all high-dollar cash transactions. (2) Potential exclusions.--The fee would not apply to-- (A) cash transactions of less than $500, (B) salaries and wages by employers to employees, and (C) transactions involving individual savings instruments through financial institutions. (3) Cash withdrawals from financial institutions.--The fee under the proposal would apply to cash withdrawals from financial institutions and be set at a rate that is either double or higher than the standard transaction fee. (4) Fee rate.-- (A) In general.--The fee rate is set at a level sufficient to generate revenues equal to revenues under the Internal Revenue Code of 1986. (B) Other potential uses of fee.--The fee rate could be structured to cover 1 or more of the following: (i) A national debt reduction plan requiring elimination of the current national debt of $7.7 trillion over a period of 10 years, with equal annual payments. (ii) A Federal revenue sharing program providing funding to States to support 50 percent of the K-16 education costs of each State which agrees to adopt an equitable public school finance system. (iii) A plan to meet the promised levels of certain provisions listed under the National Security Intelligence Reform Act of 2004 (Public Law 108-458), including those sections related to air cargo security (subtitle C of title IV of such Act), detention bed space (section 5204 of such Act), and border patrol agents (section 5202 of such Act); to create a dedicated funding stream for port security and improvements at levels recommended by the United States Coast Guard; and to increase expenditures for first responder grant programs funded under the Department of Homeland Security. (iv) A Federal program providing quality health care insurance coverage (for the current estimated 45 million uninsured Americans). (v) An increase in the military basic pay rate to a level comparable with that of Federal civilian pay, considering, but not being limited to, the following criteria: age, education, skills, years of service, and responsibilities. (vi) A Federal revenue sharing program supporting community and economic development investments in new markets (rural and urban areas) at a level equal to 10 percent of current Federal tax revenues. (vii) A plan to increase the pay for National Guard and Reserve soldiers to that of active duty military for periods of extended deployments abroad. (viii) A Social Security and Medicare solvency plan ensuring that revenues continue to exceed expected outlays. (5) Progressivity.--The base standard transaction fee shall not be greater than 1 percent for all noncash transactions under $500. If more revenues are needed to meet the requirements of paragraph (4), the Secretary of the Treasury would calculate the minimum level of progressivity required to cover these costs. This progressivity factor may include-- (A) a higher transaction fee for all transactions above $500, and (B) a progressive schedule of rates to tiered ranges of transactions above $500. (6) General provisions.-- (A) Liability for fee.--Persons become liable for the fee at the moment the person exercises control over a piece of property or service, regardless of the payment method. (B) Collection.--The fees will be collected by the seller or financial institution servicing the transaction. (c) Report of Study.-- (1) In general.--The results of the study shall be submitted to the Congress by the Secretary of the Treasury in a comprehensive analytical report, detailing-- (A) the methodology employed in the calculation of the fee rate, (B) the factors considered in assessing feasibility of the proposed revenue generating system and the weight applied to each, and (C) the portion of the transaction fee attributable to each of the programs identified in subsection (b)(4)(B) and the methodology used to calculate each. (2) Other requirements.--The study shall (in the following order)-- (A) compute the fee needed to meet current revenue generation, (B) compute the fee needed to meet revenue neutrality and generate additional revenue to support the program described in subsection (b)(4)(B)(i) (relating to national debt reduction plan), (C) compute the fee needed to meet revenue neutrality and generate additional revenue to support all the programs described in subsection (b)(4)(B), and (D) determine the utility of pegging changes in the transaction fee schedule of rates to the rate of inflation. (3) Comparative analysis.--The study shall include a comparative analysis of the existing revenue-raising system versus the proposed fee-based system on economic behavior. The study shall include an analysis of effect of the 2 systems on-- (A) job creation, (B) economic growth, (C) consumption, (D) investments, and (E) savings levels. (4) Types of transactions.--The study shall include a broad-based examination of all types and categories of transactions, including information on frequency and value of transactions in each category. (5) Impact of exemptions.--The study shall examine the impact of the transaction fee exemption for all cash transactions under $500. (6) Program operations.--The study shall provide instructions on program operations, including-- (A) transaction fee collection, (B) transaction fee implementation, and (C) transaction fee compliance, enforcement, and administrative costs. (7) Distortions.--The study shall include an analysis, prepared by the Secretary of the Treasury in consultation with the Secretaries of Commerce and Labor, offering methods of preventing and relieving potential distortions among economic sectors created by the implementation of the transaction fee. The study shall also include an analysis of the feasibility of temporarily (for a period of not longer than 1 year) reducing the fee rate (as otherwise determined in subsection (b)(4)) applicable to an economic sector if such sector is experiencing pronounced economic distress. (8) Fee as tool of fiscal policy.--The study shall assess the transaction fee as a tool of Federal fiscal policy, including an impact analysis on the elimination or retention of existing tax expenditures, incentives, penalties, and credits. The study should also research and comment on options for rebating citizens currently not subject to Federal income taxes or other current aspects of the Federal tax code including, but not limited to-- (A) the earned income credit, (B) the alternative minimum tax, (C) the child tax credit, and (D) the deduction for mortgage interest. (9) Impact of fee by income levels.--The study shall include an assessment of the impact of the transaction fee by quartile income levels. (10) Implementation plan.--The study shall include a detailed action plan on how best to implement a transaction fee in the United States and shall include information on timeline, agency reform, potential pertinent regulatory issues, and type of congressional action needed. (11) Internal revenue service.--The study shall-- (A) assume the transition and grandfathering of all existing personnel of the Internal Revenue Service, (B) examine elements of the current Internal Revenue Service needed to administer the transaction fee, and (C) examine the feasibility of modifying the overall mission and jurisdiction of the Internal Revenue Service from one focused on tax law application to one focused on uncovering waste, fraud, and abuse throughout the Federal Government. (d) Due Date.--The report of the study shall be submitted to the Congress not later than 1 year after the date of the enactment of this Act.

Comprehensive Transform America Transaction Fee Act of 2005 - Directs the Secretary of the Treasury to conduct an in-depth study on the implementation of a transaction fee in the United States to replace all existing Federal taxes. Sets forth guidelines for such study, including: (1) an identification of the transactions to which such fee would apply; (2) exclusions from such fee; (3) the rate of such fee; (4) potential uses for revenue from such fee; (5) progressivity standards; and (6) general matters, including point of liability for such fee and responsibility for collection. Requires the Secretary to report to Congress on the results of such study within one year after the enactment of this Act with a comprehensive analysis of various aspects of the transaction fee, including revenue generation, impact on the national economy, and implementation.

{"src": "billsum_train", "title": "To require a study and comprehensive analytical report on transforming America by reforming the Federal tax code through elimination of all Federal taxes on individuals and corporations and replacing the Federal tax code with a transaction fee-based system."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Employment Protection Act of 2011''. SEC. 2. IMPACTS OF EPA REGULATORY ACTIVITY ON EMPLOYMENT AND ECONOMIC ACTIVITY. (a) Analysis of Impacts of Actions on Employment and Economic Activity.-- (1) Analysis.--Prior to issuing a regulation, policy statement, guidance, or other requirement, implementing any new or substantially altered program, or issuing or denying any permit, the Administrator shall analyze the impact, disaggregated by State, of such regulation, policy statement, guidance, requirement, program, or permit on employment levels and economic activity. (2) Economic models.-- (A) In general.--In carrying out paragraph (1), the Administrator shall utilize the best available economic models. (B) Annual gao report.--Not later than December 31st of each year, the Comptroller General of the United States shall submit to Congress a report on the economic models used by the Administrator to carry out this subsection. (3) Availability of information.--With respect to any regulation, policy statement, guidance, requirement, program, or permit, the Administrator shall-- (A) post the analysis under paragraph (1) as a link on the main page of the public Web site of the Environmental Protection Agency; and (B) request that the Governor of any State experiencing more than a de minimis negative impact post such analysis in the Capitol of such State. (4) Clean water act and other permits.--Analysis under paragraph (1) shall include estimated job losses and decreased economic activity due to the denial or issuance of permits, including permits issued under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). (b) Public Hearings.-- (1) In general.--If the Administrator concludes under subsection (a)(1) that a regulation, policy statement, guidance, requirement, program, or permit will have more than a de minimis negative impact on employment levels or economic activity in a State, then the Administrator shall hold a public hearing in each such State at least 30 days prior to-- (A) the effective date of the regulation, policy statement, guidance, requirement, or program; or (B) the denial or issuance of the permit. (2) Time, location, and selection.--A public hearing required by paragraph (1) shall be held at a convenient time and location for impacted residents. In selecting a location for such a public hearing, the Administrator shall give priority to locations in the State that will experience the greatest number of job losses. (3) Citizen suits.-- (A) In general.--If a public hearing is required by paragraph (1) with respect to any State, and the Administrator fails to hold such a public hearing in accordance with paragraphs (1) and (2), any resident of such State may bring an action in any United States district court in such State to compel compliance with such paragraphs. (B) Relief.--If a party prevails in an action against the Administrator under subparagraph (A), then the district court-- (i) shall enjoin the regulation, policy statement, guidance, requirement, program, or permit that is the subject of the action; and (ii) may award reasonable attorneys fees and costs. (C) Appeal.--Upon appeal of an injunction issued under subparagraph (B), the court of appeals-- (i) shall require the submission of briefs not later than 30 days after the filing of such appeal; (ii) may not stay the injunction prior to hearing oral arguments; and (iii) shall make its final decision not later than 90 days after the filing of such appeal. (c) Notification.--If the Administrator concludes under subsection (a)(1) that a regulation, policy statement, guidance, requirement, program, or permit will have more than a de minimis negative impact on employment levels or economic activity in any State, then the Administrator shall give notice of such impact to the State's Congressional delegation, Governor, and Legislature at least 45 days prior to-- (1) the effective date of the regulation, policy statement, guidance, requirement, or program; or (2) the denial or issuance of the permit. (d) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) De minimis negative impact.--The term ``de minimis negative impact'' means the following: (A) With respect to employment levels, a loss of more than 100 jobs. Any offsetting job gains that result from the hypothetical creation of new jobs through new technologies or government employment may not be used in the job loss calculation. (B) With respect to economic activity, a decrease in economic activity of more than $1,000,000 over any calendar year. Any offsetting economic activity that results from the hypothetical creation of new economic activity through new technologies or government employment may not be used in the economic activity calculation.

Employment Protection Act of 2011 - Requires the Administrator of the Environmental Protection Agency (EPA), prior to issuing a regulation, policy statement, guidance, or other requirement, implementing any new or substantially altered program, or issuing or denying any permit, to analyze its impact on employment levels and economic activity, disaggregated by state. Requires such analysis to include estimated job losses and decreased economic activity due to the denial or issuance of permits, including permits issued under the Federal Water Pollution Control Act (commonly known as the Clean Water Act). Requires the Administrator to: (1) post such analysis on EPA's website and request governors of states experiencing more than a de minimis negative impact to post such analysis in their capitols; (2) hold public hearings in each state in which a requirement, program, or permit will have more than a de minimis negative impact; and (3) give notice of such impact in a state to such state's congressional delegation, governor, and legislature at least 45 days prior to the effective date of such requirement or program or the denial or issuance of a permit. Defines "de minimis negative impact" to mean: (1) with respect to employment levels, a loss of more than 100 jobs; and (2) with respect to economic activity, a decrease in economic activity of more than $1,000,000 over any calendar year.

{"src": "billsum_train", "title": "To require the Administrator of the Environmental Protection Agency to consider the impact on employment levels and economic activity prior to issuing a regulation, policy statement, guidance, or other requirement, implementing any new or substantially altered program, or issuing or denying any permit, and for other purposes."}

SECTION 1. DESIGNATION OF INCOME TAX PAYMENTS TO HOMELESS VETERANS ASSISTANCE FUND. (a) In General.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to information and returns) is amended by adding at the end the following new part: ``PART IX--DESIGNATION OF INCOME TAX PAYMENTS TO HOMELESS VETERANS ASSISTANCE FUND ``Sec. 6098. Designation to Homeless Veterans Assistance Fund. ``SEC. 6098. DESIGNATION TO HOMELESS VETERANS ASSISTANCE FUND. ``(a) In General.--Every individual (other than a nonresident alien) whose adjusted income tax liability for the taxable year is $3 or more may designate that $3 shall be paid over to the Homeless Veterans Assistance Fund in accordance with the provisions of section 9511. In the case of a joint return of husband and wife having an adjusted income tax liability of $6 or more, each spouse may designate that $3 shall be paid to the fund. ``(b) Adjusted Income Tax Liability.--For purposes of subsection (a), the term `adjusted income tax liability' means, for any individual for any taxable year, the excess (if any) of-- ``(1) the income tax liability (as defined in section 6096(b)) of the individual for the taxable year, over ``(2) any amount designated by the individual (and, in the case of a joint return, any amount designated by the individual's spouse) under section 6096(a) for such taxable year. ``(c) Manner and Time of Designation.--A designation under subsection (a) may be made with respect to any taxable year-- ``(1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or ``(2) at any other time (after the time of filing the return of the tax imposed by chapter 1 for such taxable year) specified in regulations prescribed by the Secretary. Such designation shall be made in such manner as the Secretary prescribes by regulations except that, if such designation is made at the time of filing the return of the tax imposed by chapter 1 for such taxable year, such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature.''. (b) Homeless Veterans Assistance Fund.--Subchapter A of chapter 98 of such Code (relating to establishment of trust funds) is amended by adding at the end the following new section: ``SEC. 9511. HOMELESS VETERANS ASSISTANCE FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Homeless Veterans Assistance Fund', consisting of such amounts as may be appropriated or credited to such fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Homeless Veterans Assistance Fund amounts equivalent to the amounts designated under section 6098. ``(c) Expenditures.-- ``(1) In general.--Amounts in the Homeless Veterans Assistance Fund shall be available, as provided in appropriation Acts, to supplement funds appropriated to the Department of Veterans Affairs and the Department of Labor Veterans Employment and Training Service for the purpose of providing services to homeless veterans. ``(2) Allocation of distribution.--Funds made available under paragraph (1) shall be allocated in proportion to the funding for homeless veterans programs administered by the Department of Veterans Affairs and the Department of Labor Veterans Employment and Training Service. ``(3) Expenditure of funds.--The Department of Veterans Affairs and the Department of Labor Veterans Employment and Training Service may obligate funds to support any homeless veteran program authorized under title 38, United States Code. ``(d) President's Annual Budget Information.--Beginning with the President's annual budget submission for fiscal year 2011 and every year thereafter, the Department of Veterans Affairs and Department of Labor shall include a description of the use of funds from the Homeless Veterans Assistance Fund from the previous fiscal year and the proposed use of such funds for the next fiscal year.''. (c) Clerical Amendments.-- (1) The table of parts for subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: ``PART IX--Designation of Income Tax Payments to Homeless Veterans Assistance Fund''. (2) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9511. Homeless Veterans Assistance Fund.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Amends the Internal Revenue Code to establish in the Treasury the Homeless Veterans Assistance Fund and to allow individual taxpayers to designate on their tax returns $3.00 of income taxes ($6.00 in the case of joint returns) to be paid over to such Fund to provide assistance to homeless veterans. Requires that the President's annual budget submission for FY2011 and subsequent years contain a description of the use of funds from the Homeless Veterans Assistance Fund.

{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow taxpayers to designate a portion of their income tax payment to provide assistance to homeless veterans, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid Institutes for Mental Disease Are Decisive in Delivering Inpatient Treatment for Individuals but Opportunities for Needed Access are Limited without Information Needed about Facility Obligations Act'' or the ``Medicaid IMD ADDITIONAL INFO Act''. SEC. 2. MACPAC EXPLORATORY STUDY AND REPORT ON INSTITUTIONS FOR MENTAL DISEASES REQUIREMENTS AND PRACTICES UNDER MEDICAID. (a) In General.--Not later than January 1, 2020, the Medicaid and CHIP Payment and Access Commission established under section 1900 of the Social Security Act (42 U.S.C. 1396) shall conduct an exploratory study, using data from a representative sample of States, and submit to Congress a report on at least the following information, with respect to services furnished to individuals enrolled under State plans under the Medicaid program under title XIX of such Act (42 U.S.C. 1396 et seq.) (or waivers of such plans) who are patients in institutions for mental diseases and for which payment is made through fee-for-service or managed care arrangements under such State plans (or waivers): (1) A description of such institutions for mental diseases in each such State, including at a minimum-- (A) the number of such institutions in the State; (B) the facility type of such institutions in the State; and (C) any coverage limitations under each such State plan (or waiver) on scope, duration, or frequency of such services. (2) With respect to each such institution for mental diseases in each such State, a description of-- (A) such services provided at such institution; (B) the process, including any timeframe, used by such institution to clinically assess and reassess such individuals; and (C) the discharge process used by such institution, including any care continuum of relevant services or facilities provided or used in such process. (3) A description of-- (A) any Federal waiver that each such State has for such institutions and the Federal statutory authority for such waiver; and (B) any other Medicaid funding sources used by each such State for funding such institutions, such as supplemental payments. (4) A summary of State requirements (such as certification, licensure, and accreditation) applied by each such State to such institutions in order for such institutions to receive payment under the State plan (or waiver) and how each such State determines if such requirements have been met. (5) A summary of State standards (such as quality standards, clinical standards, and facility standards) that such institutions must meet to receive payment under such State plans (or waivers) and how each such State determines if such standards have been met. (6) Recommendations for actions by Congress and the Centers for Medicare & Medicaid Services. such as how State Medicaid programs may improve care and improve standards and including a recommendation for how the Centers for Medicare & Medicaid Services can improve data collection from such programs to address any gaps in information. (b) Stakeholder Input.--In carrying out subsection (a), the Medicaid and CHIP Payment and Access Commission shall seek input from State Medicaid directors and stakeholders, including at a minimum the Substance Abuse and Mental Health Services Administration, Centers for Medicare & Medicaid Services, State Medicaid officials, State mental health authorities, Medicaid beneficiary advocates, health care providers, and Medicaid managed care organizations. (c) Definitions.--In this section: (1) Representative sample of states.--The term ``representative sample of States'' means a non-probability sample in which at least two States are selected based on the knowledge and professional judgment of the selector. (2) State.--The term ``State'' means each of the 50 States, the District of Columbia, and any commonwealth or territory of the United States. (3) Institution for mental diseases.--The term ``institution for mental diseases'' has the meaning given such term in section 435.1009 of title 42, Code of Federal Regulations, or any successor regulation. Passed the House of Representatives June 12, 2018. Attest: KAREN L. HAAS, Clerk.

Medicaid Institutes for Mental Disease Are Decisive in Delivering Inpatient Treatment for Individuals but Opportunities for Needed Access are Limited without Information Needed about Facility Obligations Act or the Medicaid IMD ADDITIONAL INFO Act (Sec. 2) This bill requires the Medicaid and Children's Health Insurance Program (CHIP) Payment and Access Commission to report on information relating to services for Medicaid enrollees who are patients in institutions for mental diseases (IMDs), including: (1) the number and type of IMDs in each sampled state and associated coverage limitations, (2) services and processes provided at such IMDs, (3) applicable federal waivers and other Medicaid funding sources for such IMDs, (4) state requirements for such IMDs to receive funding, and (5) recommendations to improve standards and data collection for IMDs.

{"src": "billsum_train", "title": "Medicaid Institutes for Mental Disease Are Decisive in Delivering Inpatient Treatment for Individuals but Opportunities for Needed Access are Limited without Information Needed about Facility Obligations Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ecstasy Prevention Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The illegal importation and use of 3,4-methylenedioxy methamphetamine (referred to in this Act as ``MDMA'' or ``Ecstasy'') has increased more than 400 percent during the past 3 years, as evidenced by Ecstasy seizures by the United States Customs Service. (2) Some research has indicated that the use of Ecstasy can cause long-lasting and perhaps permanent damage to the serotonin system of the brain, and can cause long-term problems with learning and memory. (3) Due to the popularity and marketability of Ecstasy, and the skyrocketing use, seizures, and deaths, greater emphasis needs to be placed on-- (A) the education of young people on the negative health effects of Ecstasy (and other club drugs) since the reputation of Ecstasy as a ``safe drug'' is its most dangerous component; (B) the education of State and local law enforcement agencies and health care professionals and personnel regarding the growing problem of Ecstasy use and trafficking; (C) adequate funding for the National Institutes of Health to support and report on research that documents the health effects of Ecstasy use; and (D) State and local government initiatives. SEC. 3. GRANTS FOR ECSTASY ABUSE PREVENTION. Section 506B(c) of title V of the Public Health Service Act is amended by adding at the end the following: ``(3) Effective programs.-- ``(A) In general.--In addition to the priority under paragraph (2), the Administrator shall give priority to communities that have taken measures to combat club drug use, including passing ordinances restricting rave clubs, increasing law enforcement on Ecstasy, and seizing lands under nuisance abatement laws to make new restrictions on an establishment's use. ``(B) State priority.--A priority grant may be made to a State under this paragraph on a pass-through basis to an eligible community.''. SEC. 4. COMBATING ECSTASY AND OTHER CLUB DRUGS IN HIGH INTENSITY DRUG TRAFFICKING AREAS. (a) Program.-- (1) In general.--The Director of the Office of National Drug Control Policy shall use amounts available under this section to combat the trafficking of MDMA in areas designated by the Director as high intensity drug trafficking areas. (2) Activities.--In meeting the requirement in paragraph (1), the Director shall transfer funds to assist anti-Ecstasy law enforcement initiatives in high intensity drug trafficking areas, including assistance for investigative costs, intelligence enhancements, technology improvements, and training. (b) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section-- (A) $15,000,000 for fiscal year 2002; and (B) such sums as may be necessary for each of the fiscal years 2003 through 2005. (2) No supplanting.--Any Federal funds received under this section shall be used to supplement, not supplant, non-Federal funds that would otherwise be used to carry out activities funded under this section. (c) Apportionment of Funds.--The Director shall apportion amounts appropriated for a fiscal year pursuant to the authorization of appropriations in subsection (b) for activities under subsection (a) among and within areas designated by the Director and based on the threat assessments submitted by individual high intensity drug trafficking areas. SEC. 5. NATIONAL YOUTH ANTIDRUG MEDIA CAMPAIGN. (a) In General.--In conducting the national media campaign under section 102 of the Drug-Free Media Campaign Act of 1998, the Director of the Office of National Drug Control Policy shall ensure that such campaign addresses the reduction and prevention of abuse of MDMA and club and emerging drugs among young people in the United States. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section-- (1) $7,000,000 for fiscal year 2002; and (2) such sums as are necessary for each of the fiscal years 2003 through 2005. SEC. 6. MDMA DRUG TEST. There are authorized to be appropriated to the Office of National Drug Control Policy such sums as are necessary to commission a drug test for MDMA which would meet the standards for the Federal Workplace. SEC. 7. NATIONAL INSTITUTE ON DRUG ABUSE REPORT. (a) Research.--The Director of the National Institute on Drug Abuse (referred to in this section as the ``Director'') shall conduct research-- (1) that evaluates the effects that MDMA use can have on an individual's health, such as-- (A) physiological effects such as changes in ability to regulate one's body temperature, stimulation of the cardiovascular system, muscle tension, teeth clenching, nausea, blurred vision, rapid eye movement, tremors, and other such conditions, some of which can result in heart failure or heat stroke; (B) psychological effects such as mood and mind altering and panic attacks which may come from altering various neurotransmitter levels such as serotonin in the brain; (C) short-term effects like confusion, depression, sleep problems, severe anxiety, paranoia, hallucinations, and amnesia; and (D) long-term effects on the brain with regard to memory and other cognitive functions, and other medical consequences; and (2) documenting those research findings and conclusions with respect to MDMA that are scientifically valid and identify the medical consequences on an individual's health. (b) Final Report.--Not later than January 1, 2003, the Director shall submit a report to the Congress. (c) Report Public.--The report required by this section shall be made public. (d) Authorization of Appropriations.--There is authorized to be appropriated $1,500,000 to carry out this section. SEC. 8. INTERAGENCY ECSTASY/CLUB DRUG TASK FORCE. (a) Establishment.-- (1) In general.--The Director of the Office of National Drug Control Policy shall establish a Task Force on Ecstasy/ MDMA and Emerging Club Drugs (referred to in this section as the ``task force'') which shall-- (A) design, implement, and evaluate the education, prevention, and treatment practices and strategies of the Federal Government with respect to Ecstasy, MDMA, and emerging club drugs; and (B) specifically study the club drug problem and report its findings to Congress. (2) Membership.--The task force shall-- (A) be under the jurisdiction of the Director of the Office of National Drug Control Policy, who shall designate a chairperson; and (B) include as members law enforcement, substance abuse prevention, judicial, and public health professionals as well as representatives from Federal, State, and local agencies. (b) Responsibilities.--The responsibilities of the task force shall be-- (1) to evaluate the current practices and strategies of the Federal Government in education, prevention, and treatment for Ecstasy, MDMA, and other emerging club drugs and recommend appropriate and beneficial models for education, prevention, and treatment; (2) to identify appropriate government components and resources to implement task force recommendations; and (3) to make recommendations to the President and Congress to implement proposed improvements in accordance with the National Drug Control Strategy and its budget allocations. (c) Meetings.--The task force shall meet at least once every 6 months. (d) Termination.--The task force shall terminate 3 years after the date of enactment of this Act. (e) Authorization of Appropriations.--There are authorized to be appropriated $1,000,000 to carry out this section.

Ecstasy Prevention Act of 2001 - Amends the Public Health Service Act to require the Administrator of the Substance Abuse and Mental Health Services Administration to give priority in the award of certain grants to States on a pass-through basis to communities that have taken measures to combat club drug use, including passing ordinances restricting rave clubs, increasing law enforcement on Ecstasy (3,4-methylenedioxy methamphetamine or MDMA), and seizing lands under nuisance abatement laws to make new restrictions on an establishment's use.Requires the Director of the Office of National Drug Control Policy to: (1) use amounts available under this Act to combat the trafficking of Ecstasy in designated high intensity drug trafficking areas; and (2) ensure that the national media campaign under the Drug-Free Media Campaign Act of 1998 addresses the reduction and prevention of abuse of Ecstasy and club and emerging drugs among young people in the United States.Provides for: (1) funding for an Ecstasy drug test which would meet Federal workplace standards; and (2) a mandatory research study by the Director of the National Institute on Drug Abuse that evaluates the effects that Ecstasy use can have on an individual's health.Requires the Director of the Office of National Drug Control Policy to establish an interagency Task Force on Ecstasy/MDMA and Emerging Club Drugs.

{"src": "billsum_train", "title": "A bill to combat the trafficking, distribution, and abuse of Ecstasy (and other club drugs) in the United States."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bankruptcy Law Technical Corrections Act of 1997''. SEC. 2. DEFINITIONS. Section 101 of title 11, United States Code, is amended-- (1) by striking ``In this title--'' and inserting ``In this title:'', (2) in paragraph (51B) by inserting ``family farms or'' after ``other than'', (3) in paragraph (35)(B) by striking ``paragraphs (21B) and (33)(A)'' and inserting ``paragraphs (23) and (35)'', (4) in each paragraph by inserting ``The term'' after the paragraph designation, (5) in paragraphs (35A) and (38) by striking ``; and'' at the end and inserting a period, (6) in paragraph (54) by inserting ``, creation of a lien,'' after ``security interest'', (7) in paragraphs (1) through (35), in paragraphs (36) and (37), and in paragraphs (40) through (55), by striking the semicolon at the end and insert a period, and (8) by redesignating paragraphs (4) through (55) in numerical sequence. SEC. 3. ADJUSTMENT OF DOLLAR AMOUNTS. Section 104 of title 11, United States Code, is amended by inserting ``522(f)(3),'' after ``522(d),'' each place it appears. SEC. 4. EXTENSION OF TIME. Section 108(c)(2) of title 11, United States Code, is amended by striking ``922'' and all that follows through ``or'', and inserting ``922, 1201, or''. SEC. 5. PENALTY FOR PERSONS WHO NEGLIGENTLY OR FRAUDULENTLY PREPARE BANKRUPTCY PETITIONS. Section 110(j)(3) of title 11, United States Code, is amended by striking ``attorney's'' and inserting ``attorneys' ''. SEC. 6. ELIGIBILITY TO SERVE AS TRUSTEE. Paragraphs (1) and (2) of section 321(a) of title 11, United States Code, are amended by striking ``7, 12,'' and inserting ``12''. SEC. 7. EMPLOYMENT OF PROFESSIONAL PERSONS. (a) Authority of Trustee.--Section 327 of title 11, United States Code, is amended-- (1) in subsection (b) by striking ``section 721,,'' and inserting ``721,'', (2) in subsection (c) by striking ``chapter 7'' and all that follows through ``or'' the first place it appears, and inserting ``chapter 7, 12, or'', and (3) in subsection (d) by striking ``act as attorney or accountant'' and inserting ``render professional services of the kind described in subsection (a)''. (b) Limitation on Compensation.--Section 328(b) of title 11, United States Code, is amended-- (1) by striking ``serve as an attorney or accountant'' and inserting ``render professional services'', (2) by striking ``such attorney or accountant'' and inserting ``a professional person who renders such services'', (3) by striking ``attorney or accountant'' and inserting ``such professional person'', and (4) by striking ``an attorney or accountant'' and inserting ``such a professional person''. SEC. 6. LIMITATION ON COMPENSATION OF PROFESSIONAL PERSONS. Section 328(a) of title 11, United States Code, is amended in subsection (a) by inserting ``on a fixed or percentage fee basis,'' after ``hourly basis,''. SEC. 7. COMPENSATION TO OFFICERS. Section 330(a) of title 11, United States Code, is amended-- (1) in paragraph (1) by inserting ``, or the debtor's attorney'' after ``1103'', and (2) in paragraph (3) by striking ``(3)(A) In'' and inserting ``(3) In''. SEC. 8. SPECIAL TAX PROVISIONS. Section 346(g)(1)(C) of title 11, United States Code, is amended by striking ``, except'' and all that follows through ``1986''. SEC. 9. EFFECT OF CONVERSION. Section 348(f)(2) of title 11, United States Code, is amended by inserting ``of the estate'' after ``property'' the first place it appears. SEC. 10. AUTOMATIC STAY. Section 362 of title 11, United States Code, is amended-- (1) in subsection (b)(3) by inserting ``or is taken with respect to a security interest that is created by a transfer to which section 547(c)(3) of this title applies'' before the semicolon at the end, and (2) in subsection (h) by striking ``individual'' and inserting ``entity''. SEC. 11. EXECUTORY CONTRACTS AND UNEXPIRED LEASES. Section 365 of title 11, United States Code, is amended-- (1) in subsection (b)(2)-- (A) in subparagraph (C) by striking ``or'' at the end, and (B) by striking subparagraph (D) and inserting the following: ``(D) the satisfaction of any penalty rate in any executory contract or unexpired lease; or ``(E) the satisfaction of any provision relating to a default arising from any failure by the debtor to perform nonmonetary obligations under any executory contract or unexpired lease other than an unexpired lease of personal property.'', (2) in subsection (c)-- (A) in paragraph (2) by adding ``or'' at the end, (B) in paragraph (3) by striking ``or'' at the end and inserting a period, and (C) by striking paragraph (4), (3) in subsection (d) by striking paragraphs (5) through (9), and (4) in subsection (f)(1) by striking ``; except that'' and all that follows through the end of the paragraph and inserting a period. SEC. 12. AMENDMENT TO TABLE OF SECTIONS. The table of sections for chapter 5 by amending the item relating to section 556 to read as follows: ``556. Contractual right to liquidate a commodities contract or forward contract.''. SEC. 13. ALLOWANCE OF ADMINISTRATIVE EXPENSES. Section 503(b)(4) of title 11, United States Code, is amended by inserting ``subparagraph (A), (B), (C), (D), or (E) of'' before ``paragraph (3)''. SEC. 14. PRIORITIES. Section 507(a) of title 11, United States Code, is amended-- (1) in paragraph (3)(B) by striking the semicolon at the end and inserting a period, and (2) in paragraph (7) by inserting ``unsecured'' after ``allowed''. SEC. 15. EXEMPTIONS. Section 522 of title 11, United States Code, is amended-- (1) in subsection (f)(1)(A)(ii)(II)-- (A) by striking ``includes a liability designated as'' and inserting ``is for a liability that is designated as, and is actually in the nature of,'', and (B) by striking ``support.'' and inserting ``support'', and (2) in subsection (g)(2) by striking ``subsection (f)(2)'' and inserting ``subsection (f)(1)(B)''. SEC. 16. EXCEPTIONS TO DISCHARGE. Section 523 of title 11, United States Code, is amended-- (1) in subsection (a)(3) by striking ``or (6)'' each place it appears and inserting ``(6), or (15)'', (2) as amended by section 304(e) of Public Law 103-394 (108 Stat. 4133), in paragraph (15)-- (A) by inserting ``or'' after the semicolon at the end, and (B) by transferring such paragraph so as to insert it after paragraph (14) of subsection (a), (3) in subsection (a)(15), as so redesignated by paragraph (2), by inserting ``to a spouse, former spouse, or child of the debtor and'' after ``(15)'', (4) in subsection (a)(17)-- (A) by striking ``by a court'' and inserting ``on a prisoner by a Federal court'', and (B) by striking ``section 1915 (b) or (f)'' and inserting ``subsection (b) or (f)(2) of section 1915'', and (5) in subsection (e) by striking ``a insured'' and inserting ``an insured''. SEC. 17. EFFECT OF DISCHARGE. Section 524(a)(3) of title 11, United States Code, is amended by striking ``section 523'' and all that follows through ``or that'', and inserting ``section 523, 1228(a)(1), or 1328(a)(1) of this title, or that''. SEC. 18. PROTECTION AGAINST DISCRIMINATORY TREATMENT. Section 525(c) of title 11, United States Code, is amended-- (1) in paragraph (1) by inserting ``student'' before ``grant'' the second place it appears, and (2) in paragraph (2) by striking ``the program operated under part B, D, or E of'' and inserting ``any program operated under''. SEC. 19. PROPERTY OF THE ESTATE. Section 541(b)(4)(B)(ii) of title 11, United States Code (as added by section 208(b) of the Bankruptcy Reform Act of 1994), is amended by inserting ``365 or'' before ``542''. SEC. 20. LIMITATIONS ON AVOIDING POWERS. Section 546 of title 11, United States Code, is amended by redesignating the second subsection (g) as subsection (h). SEC. 21. LIABILITY OF TRANSFEREE OF AVOIDED TRANSFER. (a) In General.--Section 550(c) of title 11, United States Code, is amended-- (1) in paragraph (1) by striking ``avoided under section 547(b)'' and inserting ``avoidable under section 547'', and (2) in the matter following paragraph (2), by striking ``recover under subsection (a) from a transferee that is not an insider'' and inserting ``avoid under section 547 such transfer, to the extent that such transfer was made for the benefit of a transferee that was not an insider at the time of such transfer, or recover under subsection (a) from a transferee that was not an insider at the time of such transfer''. (b) Conforming Amendment.--Section 547(b) of title 11, United States Code, is amended by inserting ``or in section 550(c) of this title'' after ``subsection (c) of this section''. SEC. 22. SETOFF. Section 553(b)(1) of title 11, United States Code, is amended by striking ``362(b)(14)'' and inserting ``362(b)(17)''. SEC. 23. DISPOSITION OF PROPERTY OF THE ESTATE. Section 726(b) of title 11, United States Code, is amended by striking ``1009,''. SEC. 24. GENERAL PROVISIONS. Section 901(a) of title 11, United States Code, is amended by inserting ``1123(d),'' after ``1123(b),''. SEC. 25. APPOINTMENT OF ELECTED TRUSTEE. Section 1104(b) of title 11, United States Code, is amended-- (1) by inserting ``(1)'' after ``(b)'', and (2) by adding at the end the following new paragraph: ``(2)(A) If an eligible, disinterested trustee is elected at a meeting of creditors under paragraph (1), the United States trustee shall file a report certifying that election. Upon the filing of a report under the preceding sentence-- ``(i) the trustee elected under paragraph (1) shall be considered to have been selected and appointed for purposes of this section, and ``(ii) the service of any trustee appointed under subsection (d) shall terminate. ``(B) In the case of any dispute arising out of an election under subparagraph (A), the court shall resolve the dispute.''. SEC. 26. ABANDONMENT OF RAILROAD LINE. Section 1170(e)(1) of title 11, United States Code, is amended by striking ``section 11347'' and inserting ``section 11326(a)''. SEC. 27. CONTENTS OF PLAN. Section 1172(c)(1) of title 11, United States Code, is amended by striking ``section 11347'' and inserting ``section 11326(a)''. SEC. 28. PAYMENTS. Section 1226(b)(2) of title 11, United States Code, is amended-- (1) by striking ``1202(c) of this title'' and inserting ``586(b) of title 28'', and (2) by striking ``1202(d) of this title'' and inserting ``586(e)(1)(B) of title 28''. SEC. 29. DISCHARGE. Subsections (a) and (c) of section 1228 of title 11, United States Code, are amended by striking ``1222(b)(10)'' each place it appears and inserting ``1222(b)(9)''. SEC. 30. CONTENTS OF PLAN. Section 1322 of title 11, United States Code, is amended-- (1) in subsection (b) by striking ``(c)'' and inserting ``(d)'', and (2) in subsection (e) by striking the comma after ``default'' the second place it appears. SEC. 31. DISCHARGE. Section 1328(a) of title 11, United States Code, is amended by striking all after ``except any debt--'' and inserting the following: ``(1) provided for under section 1322(b)(5) of this title; ``(2) of the kind specified in paragraph (5), (8), or (9) of section 523(a) of this title; or ``(3) for restitution, or a criminal fine, included in a sentence on the debtor's conviction of a crime.''. SEC. 32. BANKRUPTCY CASES AND PROCEEDINGS. Section 1334(d) of title 28, United States Code, is amended-- (1) by striking ``made under this subsection'' and inserting ``made under subsection (c)'', and (2) by striking ``This subsection'' and inserting ``Subsection (c) and this subsection''. SEC. 33. BANKRUPTCY REVIEW COMMISSION. Section 604 of the Bankruptcy Reform Act of 1994 (108 Stat. 4147) is amended-- (1) by striking subsection (g), and (2) by redesignating subsection (h) as subsection (g). SEC. 34. KNOWING DISREGARD OF BANKRUPTCY LAW OR RULE. Section 156(a) of title 18, United States Code, is amended-- (1) in the first undesignated paragraph-- (A) by inserting ``(1) the term'' before `` `bankruptcy'', and (B) by striking the period at the end and inserting ``; and'', and (2) in the second undesignated paragraph-- (A) by inserting ``(2) the term'' before `` `document'', and (B) by striking ``this title'' and inserting ``title 11''. SEC. 35. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Effective Date.--Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Application of Amendments.--The amendments made by this Act shall apply only with respect to cases commenced under title 11 of the United States Code on or after the date of the enactment of this Act.

Bankruptcy Law Technical Corrections Act of 1997 - Amends Federal bankruptcy law regarding: (1) definitions affecting family farms and creation of a lien; (2) periodic adjustments of dollar amounts; (3) extensions of time; (4) removal of Chapter 7 (liquidation) cases from the eligibility guidelines governing service as a trustee; (5) compensation for professional persons and the debtor's attorney; (6) the non-applicability of an automatic stay to the creation of a security interest by transfer that is non-avoidable by the trustee; and (7) assumption by the bankruptcy trustee of certain executory contracts with specified defaults, and of unexpired leases of aircraft facilities. Revises guidelines governing: (1) debtor avoidance of certain judicial liens; (2) exceptions to a discharge from debt and the effect of such discharge; (3) the liability of a transferee of an avoided transfer; (4) appointment of an elected trustee or examiner; and (5) payment for standing trustees pursuant to the judicial code. Amends the Bankruptcy Reform Act of 1994 to repeal the authorization for a 90-day continuation of membership on the National Bankruptcy Review Commission of certain Commission members who leave government office or, if they were not government officers or employees, become such.

{"src": "billsum_train", "title": "Bankruptcy Law Technical Corrections Act of 1997"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Consumers Relief Act of 2013''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Covered energy-related rule.--The term ``covered energy-related rule'' means a rule of the Environmental Protection Agency that-- (A) regulates any aspect of the production, supply, distribution, or use of energy or provides for that regulation by States or other governmental entities; and (B) is estimated by the Administrator or the Director of the Office of Management and Budget to impose direct costs and indirect costs, in the aggregate, of more than $1,000,000,000. (3) Direct costs.--The term ``direct costs'' has the meaning given the term in chapter 8 of the document of the Environmental Protection Agency entitled ``Guidelines for Preparing Economic Analyses'' and dated December 17, 2010. (4) Indirect costs.--The term ``indirect costs'' has the meaning given the term in chapter 8 of the document of the Environmental Protection Agency entitled ``Guidelines for Preparing Economic Analyses'' and dated December 17, 2010. (5) Rule.--The term ``rule'' has the meaning given the term in section 551 of title 5, United States Code. (6) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. PROHIBITION AGAINST FINALIZING CERTAIN ENERGY-RELATED RULES THAT WILL CAUSE SIGNIFICANT ADVERSE EFFECTS TO THE ECONOMY. Notwithstanding any other provision of law, the Administrator shall not promulgate as final any covered energy-related rule if the Secretary determines under section 4(d) that the rule will result in significant adverse effects to the economy. SEC. 4. REPORTS AND DETERMINATIONS PRIOR TO PROMULGATING AS FINAL CERTAIN ENERGY-RELATED RULES. (a) In General.--Before promulgating as final any covered energy- related rule, the Administrator shall carry out the activities described in subsections (c) through (d). (b) Report to Congress.--For each covered energy-related rule, the Administrator shall submit to Congress a report (and transmit a copy to the Secretary) containing-- (1) a copy of the rule; (2) a concise general statement relating to the rule; (3) an estimate of the total costs of the rule, including the direct costs and indirect costs of the rule; (4) an estimate of-- (A) the total benefits of the rule; and (B) when those benefits are expected to be realized; (5) a description of the modeling, the assumptions, and the limitations due to uncertainty, speculation, or lack of information associated with the estimates under paragraph (4); (6) an estimate of the increases in energy prices, including potential increases in gasoline or electricity prices for consumers, that may result from implementation or enforcement of the rule; and (7) a detailed description of the employment effects, including potential job losses and shifts in employment, that may result from implementation or enforcement of the rule. (c) Initial Determination on Increases and Impacts.--The Secretary, in consultation with the Federal Energy Regulatory Commission and the Administrator of the Energy Information Administration, shall prepare an independent analysis to determine whether the covered energy-related rule will cause-- (1) any increase in energy prices for consumers, including low-income households, small businesses, and manufacturers; (2) any impact on fuel diversity of the electricity generation portfolio of the United States or on national, regional, or local electric reliability; (3) any adverse effect on energy supply, distribution, or use due to the economic or technical infeasibility of implementing the rule; or (4) any other adverse effect on energy supply, distribution, or use (including a shortfall in supply and increased use of foreign supplies). (d) Subsequent Determination on Adverse Effects to the Economy.--If the Secretary determines, under subsection (c), that the rule will result in an increase, impact, or effect described in that subsection, then the Secretary, in consultation with the Administrator, the Secretary of Commerce, the Secretary of Labor, and the Administrator of the Small Business Administration, shall-- (1) determine whether the rule will result in significant adverse effects to the economy, taking into consideration-- (A) the costs and benefits of the rule and limitations in calculating those costs and benefits due to uncertainty, speculation, or lack of information; and (B) the positive and negative impacts of the rule on economic indicators, including those related to gross domestic product, unemployment, wages, consumer prices, and business and manufacturing activity; and (2) publish the results of that determination in the Federal Register.

Energy Consumers Relief Act of 2013 - Prohibits the Administrator of the Environmental Protection Agency (EPA) from promulgating a final rule that regulates any aspect of the production, supply, distribution, or use of energy (or that provides for such regulation by state or local governments) and that is estimated by the Administrator or the Director of the Office of Management and Budget (OMB) to impose aggregate costs of more than $1 billion if the Secretary of Energy (DOE) determines that the rule will result in significant adverse effects to the economy. Requires the Administrator, for each such rule, to submit a report that contains: (1) an estimate of the total costs and benefits of the rule, (2) an estimate of the increases in energy prices that may result from implementation or enforcement of the rule, and (3) a detailed description of the employment effects that may result from implementation or enforcement of the rule. Requires the Secretary: (1) to prepare an independent analysis to determine whether such rule will cause any increase in energy prices for consumers, any impact on fuel diversity of the nation's electricity generation portfolio or on electric reliability, or any adverse effect on energy supply, distribution, or use; and (2) upon making such a determination, to determine whether the rule will result in significant adverse effects to the economy and publish such determination in the Federal Register.

{"src": "billsum_train", "title": "Energy Consumers Relief Act of 2013"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Civilian and Uniformed Services Long-Term Care Insurance Act of 1999''. SEC. 2. LONG-TERM CARE INSURANCE. Subpart G of part III of title 5, United States Code, is amended by adding after chapter 89 the following: ``Chapter 90--Long-Term Care Insurance ``Sec. ``9001. Definitions. ``9002. Eligibility to obtain coverage. ``9003. Contracting authority. ``9004. Long-term care benefits. ``9005. Financing. ``9006. Regulations. ``Sec. 9001. Definitions ``For purposes of this chapter, the term-- ``(1) `activities of daily living' includes-- ``(A) eating; ``(B) toileting; ``(C) transferring; ``(D) bathing; ``(E) dressing; and ``(F) continence; ``(2) `annuitant' has the meaning such term would have under section 8901(3) if, for purposes of such paragraph, the term `employee' were considered to have the meaning under paragraph (7) of this section; ``(3) `appropriate Secretary' means-- ``(A) except as otherwise provided in this paragraph, the Secretary of Defense; ``(B) with respect to the United States Coast Guard when it is not operating as a service of the Navy, the Secretary of Transportation; ``(C) with respect to the commissioned corps of the National Oceanic and Atmospheric Administration, the Secretary of Commerce; ``(D) with respect to the commissioned corps of the Public Health Service, the Secretary of Health and Human Services; and ``(E) with respect to members of the Foreign Service, the Secretary of State; ``(4) `assisted living facility' has the meaning given such term under section 232 of the National Housing Act (12 U.S.C. 1715w); ``(5) `carrier' means a voluntary association, corporation, partnership, or other nongovernmental organization that is lawfully engaged in providing, paying for, or reimbursing the cost of, qualified long-term care services under group insurance policies or contracts, or similar group arrangements, in consideration of premiums or other periodic charges payable to the carrier; ``(6) `eligible individual' means-- ``(A) an employee who has completed 6 months of continuous service as an employee under other than a temporary appointment limited to 6 months or less; ``(B) an annuitant; ``(C) a member of the uniformed services on active duty for a period of more than 30 days or full-time National Guard duty (as defined under section 101(d)(5) of title 10) who satisfies such eligibility requirements as the Office prescribes under section 9006(c); ``(D) a member of the uniformed services entitled to retired or retainer pay (other than under chapter 1223 of title 10) who satisfies such eligibility requirements as the Office prescribes under section 9006(c); ``(E) a member of the Foreign Service who-- ``(i) is described under section 103(1), (2), (3), (4), or (5) of the Foreign Service Act of 1980 (22 U.S.C. 3903(1), (2), (3), (4), or (5); and ``(ii) satisfies such eligibility requirements as the Office prescribes under sanction 9006(c); ``(F) a member of the Foreign Service entitled to an annuity under the Foreign Service Retirement and Disability System or the Foreign Service Pension System who satisfies such eligibility requirements as the Office prescribes under section 9006(c); or ``(G) a qualified relative of a sponsoring individual; ``(7) `employee' means-- ``(A) an employee as defined under section 8901(1) (A) through (H); and ``(B) an individual described under section 2105(e); ``(8) `home and community care' has the meaning given such term under section 1929 of the Social Security Act (42 U.S.C. 1396t(a)); ``(9) `long-term care benefits plan' means a group insurance policy or contract, or similar group arrangement, provided by a carrier for the purpose of providing, paying for, or reimbursing expenses for qualified long-term care services; ``(10) `nursing home' has the meaning given such term under section 1908 of the Social Security Act (42 U.S.C. 1396g(e)(1)); ``(11) `Office' means the Office of Personnel Management; ``(12) `qualified long-term care services' has the meaning given such term under section 7702B of the Internal Revenue Code of 1986; ``(13) `qualified relative', as used with respect to a sponsoring individual, means-- ``(A) the spouse of such sponsoring individual; ``(B) a parent or parent-in-law of such sponsoring individual; and ``(C) any other person bearing a relationship to such sponsoring individual specified by the Office in regulations; and ``(14) `sponsoring individual' refers to an individual described under paragraph (6)(A), (B), (C), or (D). ``Sec. 9002. Eligibility to obtain coverage ``(a) Any eligible individual may obtain long-term care insurance coverage under this chapter for such individual. ``(b)(1) As a condition for obtaining long-term care insurance coverage under this chapter based on an individual's status as a qualified relative, certification from the applicant's sponsoring individual shall be required as to-- ``(A) such sponsoring individual's status, as described under section 9001(6)(A), (B), (C), or (D) (as applicable), as of the time of the qualified relative's application for coverage; and ``(B) the existence of the claimed relationship as of that time. ``(2) Any certification under paragraph (1) shall be submitted at such time and in such form and manner as the Office shall by regulation prescribe. ``(c) Nothing in this chapter shall be considered to require that long-term care insurance coverage be made available in the case of any individual who would be immediately benefit eligible. ``Sec. 9003. Contracting authority ``(a) Without regard to section 3709 of the Revised Statutes or other statute requiring competitive bidding, the Office may contract with qualified carriers to provide group long-term care insurance under this chapter, except that the Office may not have contracts in effect under this section with more than 3 qualified carriers. ``(b) To be considered a qualified carrier under this chapter, a company shall be licensed to issue group long-term care insurance in all the States and the District of Columbia. ``(c)(1) Each contract under this section shall contain a detailed statement of the benefits offered (including any maximums, limitations, exclusions, and other definitions of benefits), the rates charged (including any limitations or other conditions on any subsequent adjustment), and such other terms and conditions as may be mutually agreed to by the Office and the carrier involved, consistent with the requirements of this chapter. ``(2) The rates charged under any contract under this section shall reasonably reflect the cost of the benefits provided under such contract. ``(d) The benefits and coverage made available to individuals under any contract under this section shall be guaranteed to be renewable and may not be canceled by the carrier except for nonpayment of charges. ``(e) Each contract under this section shall require the carrier to agree to-- ``(1) pay or provide benefits in an individual case if the Office (or a duly designated third-party administrator) finds that the individual involved is entitled to such payment or benefit under the contract; and ``(2) participate in administrative procedures designed to bring about the expeditious resolution of disputes arising under such contract, including, in appropriate circumstances, 1 or more alternative means of dispute resolution. ``(f)(1)(A) Subject to subparagraph (B), each contract under this section shall be for a term of 5 years, but may be made automatically renewable from term to term in the absence of notice of termination by either party. ``(B) The rights and responsibilities of the enrolled individual, the insurer, and the Office (or duly designated third-party administrator) under any such contract shall continue until the termination of coverage of the enrolled individual. ``(2) Group long-term care insurance coverage obtained by an individual under this chapter shall terminate only upon the occurrence of-- ``(A) the death of the insured; ``(B) exhaustion of benefits, as determined under the contract; ``(C) insolvency of the insurer, as determined under the contract; or ``(D) any event justifying a cancellation under subsection (d). ``(3) Subject to paragraph (2), each contract under this section shall include such provisions as may be necessary to-- ``(A) effectively preserve all parties' rights and responsibilities under such contract notwithstanding the termination of such contract (whether due to nonrenewal under paragraph (1) or otherwise); and ``(B) ensure that, once an individual becomes duly enrolled, long-term care insurance coverage obtained by such individual under that enrollment shall not be terminated due to any change in status (as described under section 9001(6)), such as separation from Government service or the uniformed services, or ceasing to meet the requirements for being considered a qualified relative (whether due to divorce or otherwise). ``Sec. 9004. Long-term care benefits ``(a) Benefits under this chapter shall be provided under qualified long-term care insurance contracts, within the meaning of section 7702B of the Internal Revenue Code of 1986. ``(b) Each contract under section 9003, in addition to any matter otherwise required under this chapter, shall provide for-- ``(1) adequate consumer protections (including through establishment of sufficient reserves or reinsurance); ``(2) adequate protections in the event of carrier bankruptcy (or other similar event); ``(3) availability of benefits upon appropriate certification as to an individual's-- ``(A) inability (without substantial assistance from another individual) to perform at least 2 activities of daily living for a period of at least 90 days due to a loss of functional capacity; ``(B) having a level of disability similar (as determined under regulations prescribed by the Secretary of the Treasury in consultation with the Secretary of Health and Human Services) to the level of disability described in subparagraph (A); or ``(C) requiring substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment; ``(4) choice of cash or service benefits (such as the expense-incurred method or the indemnity method); ``(5) inflation protection (whether through simple or compounded adjustment of benefits); and ``(6) portability of benefits (consistent with section 9003 (d) and (f)). ``(c) To the maximum extent practicable, at least 1 of the policies being offered under this chapter shall, in addition to any matter otherwise required under this chapter, provide for-- ``(1) length-of-benefit options; ``(2) options relating to the provision of coverage in a variety of settings, including nursing homes, assisted living facilities, and home and community care; ``(3) options relating to elimination periods; ``(4) options relating to nonforfeiture benefits; and ``(5) availability of benefits upon appropriate certification of medical necessity (as defined by the Office in consultation with the Secretary of Health and Human Services) not satisfying the requirements of subsection (b)(3). ``(d)(1) The Office shall take all practicable measures to ensure that, at least 1 of the long-term care benefits plans available under this chapter shall be a Governmentwide long-term care benefits plan. ``(2) Neither subsection (c)(5) nor the exception under subsection (e) shall apply with respect to any Governmentwide plan under this subsection. ``(e) Nothing in this chapter shall be considered to permit or require the inclusion, in any contract, of provisions inconsistent with section 7702B of the Internal Revenue Code of 1986 or any other provision of such Code (except to the extent necessary to carry out subsection (c)(5)). ``(f) If a State (or the District of Columbia) imposes any requirement which is more stringent than the requirement imposed by subsection (b)(1), the requirement imposed by subsection (b)(1) shall be treated as met if the more stringent requirement of the State (or the District of Columbia) is met. ``Sec. 9005. Financing ``(a) Except as provided in subsection (b)(2), each individual having long-term care insurance coverage under this chapter shall be responsible for 100 percent of the charges for such coverage. ``(b)(1) The amount necessary to pay the charges for enrollment shall-- ``(A) in the case of an employee, be withheld from the pay of such employee; ``(B) in the case of an annuitant, be withheld from the annuity of such annuitant; ``(C) in the case of a member of the uniformed services described under section 9001(6)(C), be withheld from the basic pay of such member; and ``(D) in the case of a member of the uniformed services described in section 9001(6)(D), be withheld from the retired pay or retainer pay payable to such member. ``(2) Withholdings to pay the charges for enrollment of a qualified relative may, upon election of the sponsoring individual involved, be withheld under paragraph (1) in the same manner as if enrollment were for such sponsoring individual. ``(3) All amounts withheld under paragraph (1) or (2) shall be paid directly to the carrier. ``(c)(1) Any enrollee whose pay, annuity, or retired or retainer pay (as referred to in subsection (b)(1)) is insufficient to cover the withholding required for enrollment (or who is not receiving any regular amounts from the Government, as referred to in subsection (b)(1), from which any such withholdings may be made) shall pay an amount described under paragraph (2) (or, in the case of an enrollee not receiving any regular amounts, the full amount of those charges) directly to the carrier. ``(2) The amount referred to under paragraph (1) is the amount equal to the difference between the amount of withholding required for the enrollment and the amount actually withheld. ``(d) Each carrier participating under this chapter shall maintain all amounts received under this chapter separate from all other funds. ``(e) Contracts under this chapter shall include appropriate provisions under which each carrier shall reimburse the Office or other administering entity for the administrative costs incurred by the Office or such entity under this chapter (such as for dispute resolution) which are allocable to such carrier. ``Sec. 9006. Regulations ``(a) The Office shall prescribe regulations necessary to carry out this chapter. ``(b)(1) Subject to paragraph (2), the regulations of the Office shall prescribe the time at which and the manner and conditions under which an individual may obtain long-term care insurance under this chapter. ``(2) The regulations prescribed under this section shall provide for an open enrollment period at least once each year (similar to the open enrollment period provided under section 8905(f)). ``(c) Any regulations necessary to effect the application and operation of this chapter with respect to an eligible individual or a qualified relative of such individual shall be prescribed by the Office in consultation with the appropriate Secretary.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date of enactment of this Act, except that no coverage may become effective before the first calendar year beginning after the expiration of the 18-month period beginning on the date of enactment of this Act.

Federal Civilian and Uniformed Services Long-Term Care Insurance Act of 1999 - Amends Federal civil service provisions to establish a program to provide for long-term care insurance for certain Federal employees and annuitants, current and retired members of the uniformed services, qualified relatives of such individuals, certain members of the Foreign Service, and members of the Foreign Service entitled to an annuity under the Foreign Service Retirement and Disability System or the Foreign Service Pension System. Authorizes the Office of Personnel Management (OPM), without regard to statutes requiring competitive bidding, to contract with up to three qualified carriers to provide group long-term care insurance under this Act. Sets forth contract terms, including a requirement that coverage may not be canceled, except for nonpayment of charges. Provides for five-year, automatically renewable insurance contracts. Describes conditions under which coverage may be terminated. Sets forth required elements of contracts, including portability of benefits. Requires OPM to ensure that at least one of the benefits plans is a Government-wide plan. Makes insured individuals responsible for 100 percent of the charges of coverage and allows sponsoring individuals to have amounts withheld from pay for coverage for qualified relatives. Provides for an open enrollment period at least annually.

{"src": "billsum_train", "title": "Federal Civilian and Uniformed Services Long-Term Care Insurance Act of 1999"}

SECTION 1. SHORT TITLE; FINDINGS; PURPOSE. (a) Short Title.--This Act may be cited as the ``Home Lead Safety Tax Credit Act of 2016''. (b) Findings.--Congress finds that: (1) Lead is a metal that can produce a wide range of health effects in humans when ingested. Children are more vulnerable to lead poisoning than adults. (2) Lead poisoning is a serious, entirely preventable threat to a child's intelligence, behavior, and learning. In severe cases, lead poisoning can result in death. (3) According to the Department of Housing and Urban Development, approximately 23 million housing units nationwide have at least one lead paint hazard. (4) In fiscal year 2015, funding for Federal lead abatement programs, such as the Lead Hazard Control Grant Program, only provided for lead abatement or ``interim control measures'' for 18,600 homes. (5) Childhood lead poisoning can be dramatically reduced by the abatement or complete removal of all lead-based hazards. Empirical studies also have shown substantial reductions in lead poisoning when the affected properties have undergone ``interim control measures'' that are less costly than abatement. (c) Purpose.--The purpose of this section is to encourage the safe removal of lead hazards from homes and thereby decrease the number of children who suffer reduced intelligence, learning difficulties, behavioral problems, and other health consequences due to lead poisoning. SEC. 2. HOME LEAD HAZARD REDUCTION ACTIVITY TAX CREDIT. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 36B the following new section: ``SEC. 36C. HOME LEAD HAZARD REDUCTION ACTIVITY. ``(a) Allowance of Credit.-- ``(1) In general.--Subject to paragraph (2), there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to 50 percent of the lead hazard reduction activity cost paid or incurred by the taxpayer during the taxable year for each eligible dwelling unit. ``(2) Election to apply costs to prior year.--For purposes of this section, a taxpayer may elect to treat any lead hazard reduction activity cost paid or incurred by the taxpayer during the taxable year as having been paid or incurred during the preceding taxable year. ``(b) Limitations.-- ``(1) In general.--Subject to paragraph (3), the amount of the credit allowed under subsection (a) for any eligible dwelling unit for any taxable year shall not exceed-- ``(A) $3,000 in the case of lead hazard reduction activity cost including lead abatement measures described in clauses (i), (ii), (iv), and (v) of subsection (c)(1)(A), or ``(B) $1,000 in the case of lead hazard reduction activity cost including interim lead control measures described in clauses (i), (iii), (iv), and (v) of subsection (c)(1)(A). ``(2) Other tax credits.--In the case of any credit against State or local tax liabilities which is allowable under the laws of any State or political subdivision thereof to a taxpayer with respect to any costs paid or incurred by the taxpayer which would otherwise qualify as lead hazard reduction activity costs under this section (referred to in this paragraph as the `State or local tax credit amount'), the amount of the credit allowed under subsection (a) for any eligible dwelling unit for any taxable year (determined after application of paragraph (1)) shall not exceed an amount equal to the difference between-- ``(A) the lead hazard reduction activity cost paid or incurred by the taxpayer during the taxable year for such unit, and ``(B) the State or local tax credit amount. ``(3) Limitation per residence.--The cumulative amount of the credit allowed under subsection (a) for an eligible dwelling unit for all taxable years shall not exceed $4,000. ``(c) Definitions and Special Rules.--For purposes of this section: ``(1) Lead hazard reduction activity cost.-- ``(A) In general.--The term `lead hazard reduction activity cost' means, with respect to any eligible dwelling unit-- ``(i) the cost for a certified risk assessor to conduct an assessment to determine the presence of a lead-based hazard (as such terms are defined by the Secretary, in consultation with the Administrator of the Environmental Protection Agency), ``(ii) the cost for performing lead abatement measures by a certified lead abatement supervisor (as such term is defined by the Secretary, in consultation with the Administrator of the Environmental Protection Agency), including the removal of paint, dust, or pipes, the permanent enclosure or encapsulation of lead-based paint or pipes, the replacement of painted surfaces, windows, or fixtures, or the removal or permanent covering of soil when lead-based hazards are present, ``(iii) the cost for performing interim lead control measures to reduce exposure or likely exposure to lead-based hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based hazards, and the establishment and operation of management and resident education programs, but only if such measures are evaluated and completed by a certified lead abatement supervisor using accepted methods, are conducted by a qualified contractor, and have an expected useful life of more than 10 years, ``(iv) the cost for a certified lead abatement supervisor, those working under the supervision of such supervisor, or a qualified contractor to perform all preparation, cleanup, disposal, and clearance testing activities associated with the lead abatement measures or interim lead control measures, and ``(v) costs incurred by or on behalf of any occupant of such dwelling unit for any relocation which is necessary to achieve occupant protection (as such term is defined by the Secretary, in consultation with the Administrator of the Environmental Protection Agency). ``(B) Limitation.--The term `lead hazard reduction activity cost' does not include any cost to the extent such cost is funded by any grant, contract, or otherwise by another person or any governmental agency. ``(2) Eligible dwelling unit.-- ``(A) In general.--The term `eligible dwelling unit' means, with respect to any taxable year, any dwelling unit-- ``(i) placed in service before 1978, ``(ii) located in the United States, and ``(iii) the residents of which during the preceding taxable year have a cumulative adjusted gross income of less than $110,000. ``(B) Dwelling unit.--The term `dwelling unit' has the meaning given such term by section 280A(f)(1). ``(3) Qualified contractor.--The term `qualified contractor' means any contractor who has successfully completed a training course on lead safe work practices which has been approved by the Department of Housing and Urban Development and the Environmental Protection Agency. ``(4) Documentation required for credit allowance.--No credit shall be allowed under subsection (a) with respect to any eligible dwelling unit for any taxable year unless, after lead hazard reduction activity is complete, a certified inspector (as such term is defined by the Secretary, in consultation with the Administrator of the Environmental Protection Agency) or certified risk assessor provides written documentation to the taxpayer that includes-- ``(A) evidence that-- ``(i) the eligible dwelling unit meets the lead hazard reduction criteria defined by the Secretary, in consultation with the Administrator of the Environmental Protection Agency, or ``(ii) the eligible dwelling unit meets lead hazard evaluation criteria established under an authorized State or local program, and ``(B) documentation showing that the lead hazard reduction activity meets the requirements of this section. ``(5) Basis reduction.--The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit. ``(6) No double benefit.--Any deduction allowable for costs taken into account in computing the amount of the credit for lead-based abatement shall be reduced by the amount of such credit attributable to such costs. ``(d) Inflation Adjustment.--In the case of any taxable year beginning in a calendar year after 2016, each of the dollar amounts in subsections (b) and (c)(2)(A)(iii) shall be increased by an amount equal to-- ``(1) such dollar amount, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2015' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $100.''. (b) Conforming Amendments.-- (1) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``, 36C'' after ``36B''. (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 inserting before the item relating to section 37 the following new item: ``Sec. 36C. Home lead hazard reduction activity.''. (c) Effective Date.--The amendments made by this section shall apply to lead hazard reduction activity costs incurred after December 31, 2015, in taxable years ending after that date.

Home Lead Safety Tax Credit Act of 2016 This bill allows owners of eligible dwelling units a new tax credit for up to 50% of the lead hazard reduction activity costs for each such unit in a taxable year. An "eligible dwelling unit" is any unit located in the United States that was placed in service before 1978 and the residents of which during the preceding taxable year have a cumulative adjusted gross income of less than $110,000. The bill: (1) specifies the types of lead hazard reduction activity costs eligible for the credit, including risk assessment and abatement costs; and (2) limits the amount of the credit in any taxable year to $3,000 for specified abatement measures and $1,000 for interim lead control measures.

{"src": "billsum_train", "title": "Home Lead Safety Tax Credit Act of 2016"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``National School Lunch Protection Act of 2010''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Through the National School Lunch Program (NSLP) and the School Breakfast Program (SBP), school food service has played an integral role in the health and nutrition of American children, and remains one of the key safety-nets in place to alleviate childhood hunger and malnutrition domestically. In 2009, the NSLP served more than 31,000,000 students every day, while the SBP fed over 11,000,000 students. (2) The NSLP and SBP are shared responsibilities between the Federal, State, and local governments. (3) In 2009 the Federal Government spent more than $12,000,000,000 to support the NSLP and the SBP, to ensure students across the country received at least one healthy meal every school day. (4) Faced with growing student participation and increased costs, school food service programs across the country are facing unprecedented budget crises. (5) According to a recent study by the School Nutrition Association, 52 percent of school food service programs are charged indirect costs by local educational agencies. Indirect costs are costs incurred for a common purpose that benefit more than one programmatic objective. (6) According to the study, there is an overall lack of consistency amongst local educational agencies nationwide about what method should be used to identify and calculate indirect costs, and what constitute appropriate direct cost charges to school food authorities. (7) School food service must operate on a nonprofit basis, balance cost with revenue, and ensure all revenue generated is used to support or improve the food service. (b) Purposes.--The purposes of this Act are to-- (1) ensure Federal funds are being appropriately spent to benefit the health and nutrition of American children; (2) study the impact of indirect and direct costs charged to the NSLP and SBP programs; (3) study the types and amounts of indirect and direct costs charged and recovered by local educational agencies; and (4) encourage the Secretary to issue regulations to ensure the effectiveness of Federal support for the NSLP and SBP. SEC. 3. COST STUDY AND FUNDING. (a) Guidance on Allowable Costs to School Food Authorities.--Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall issue guidance to school food authorities participating in the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) covering program rules pertaining to allowable costs that may be charged to the nonprofit school food service accounts of such authorities including, indirect and direct costs. (b) Indirect and Direct Costs Study.--The Secretary of Agriculture shall-- (1) conduct a study to assess the extent to which school food authorities participating in the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) pay indirect and direct costs, including assessments of-- (A) the allocation of indirect and direct costs to such school food authorities; (B) the methodologies used to establish indirect cost rates for such school food authorities; (C) the types and amounts of indirect and direct costs charged and recovered by local educational agencies; (D) the impact of indirect and direct costs charged to the nonprofit school food service accounts of such school food authorities; (E) whether the indirect and direct costs charged or recovered are consistent with requirements for the allocation of costs and school food service operations; and (F) the types and amounts of indirect and direct costs that could be charged or recovered under requirements for the allocation of costs and school food service operations but are not charged or recovered; and (2) after completing the study required under paragraph (1), issue additional guidance relating to the types of costs that are reasonable and necessary to provide meals under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). (c) Regulations.--After conducting the study under subsection (b)(1) and identifying costs under subsection (b)(2), the Secretary of Agriculture may promulgate regulations to address-- (1) any identified deficiencies in the allocation of indirect and direct costs charged to school food authorities participating in the lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the breakfast program under the Child Nutrition Act of 1966 (42 U.S.C. 1773); and (2) the authority of school food authorities to reimburse only those costs identified by the Secretary as reasonable and necessary under subsection (b)(2). (d) Report.--Not later than October 1, 2013, the Secretary of Agriculture shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of the study conducted under subsection (b)(2). (e) Funding.-- (1) In general.--On October 1, 2010, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this section $2,000,000, to remain available until expended. (2) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under paragraph (1), without further appropriation. (f) Budgetary Effects.--The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

National School Lunch Protection Act of 2010 - Directs the Secretary of Agriculture to issue guidance to school food authorities participating in the school lunch and breakfast programs covering program rules pertaining to the costs that may be charged to the nonprofit school food service accounts of such authorities, including indirect and direct costs. Requires the Secretary to assess the extent to which school food authorities pay such indirect and direct costs, and then issue additional guidance relating to the types of costs that are reasonable and necessary. Authorizes the Secretary, after the completion of such assessment, to promulgate regulations addressing: (1) any identified deficiencies in the allocation of such indirect and direct costs to school food authorities; and (2) the authority of school food authorities to reimburse only those costs identified by the Secretary as reasonable and necessary.

{"src": "billsum_train", "title": "To direct the Secretary of Agriculture to issue guidance to school food authorities on indirect costs, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayers' Cancer Research Funding Act of 1997''. SEC. 2. DESIGNATION OF INCOME TAX PAYMENTS TO BREAST AND PROSTATE CANCER RESEARCH FUND. (a) In General.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to information and returns) is amended by adding at the end the following new part: ``PART IX--DESIGNATION OF INCOME TAX PAYMENTS TO BREAST AND PROSTATE CANCER RESEARCH FUND ``Sec. 6098. Designation to Breast and Prostate Cancer Research Fund. ``SEC. 6098. DESIGNATION TO BREAST AND PROSTATE CANCER RESEARCH FUND. ``(a) In General.--Every individual (other than a nonresident alien) whose adjusted income tax liability for the taxable year is $5 or more may designate that $5 shall be paid over to the Breast and Prostate Cancer Research Fund in accordance with the provisions of section 9512. In the case of a joint return of husband and wife having an adjusted income tax liability of $10 or more, each spouse may designate that $5 shall be paid to the fund. ``(b) Adjusted Income Tax Liability.--For purposes of subsection (a), the term `adjusted income tax liability' means, for any individual for any taxable year, the excess (if any) of-- ``(1) the income tax liability (as defined in section 6096(b)) of the individual for the taxable year, over ``(2) any amount designated by the individual (and, in the case of a joint return, any amount designated by the individual's spouse) under section 6096(a) for such taxable year. ``(c) Manner and Time of Designation.--A designation under subsection (a) may be made with respect to any taxable year-- ``(1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or ``(2) at any other time (after the time of filing the return of the tax imposed by chapter 1 for such taxable year) specified in regulations prescribed by the Secretary. Such designation shall be made in such manner as the Secretary prescribes by regulations except that, if such designation is made at the time of filing the return of the tax imposed by chapter 1 for such taxable year, such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature.'' (b) Breast and Prostate Cancer Research Fund.--Subchapter A of chapter 98 of such Code (relating to establishment of trust funds) is amended by adding at the end the following new section: ``SEC. 9512. BREAST AND PROSTATE CANCER RESEARCH FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Breast and Prostate Cancer Research Fund', consisting of such amounts as may be appropriated or credited to such fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Breast and Prostate Cancer Research Fund amounts equivalent to the amounts designated under section 6098. ``(c) Expenditures.--Amounts in the Breast and Prostate Cancer Research Fund shall be available, as provided in appropriation Acts, for purposes of making qualified research grants, to the extent that such amounts exceed the aggregate of all Federal administrative costs attributable to the implementation of section 6098, subsections (a) and (b) of this section, and (with respect to such fund) section 9602. Such amounts shall be used to supplement, not supplant, existing funding for research with respect to breast and prostate cancer. ``(d) Qualified Research Grants.-- ``(1) In general.--For purposes of subsection (c), the term `qualified research grant' means a grant, to a qualified person selected by the National Cancer Institute of the National Institutes of Health by qualified peer review, for the purpose of conducting research with respect to breast or prostate cancer. Such a grant shall be administered by such National Cancer Institute and the amount of such grant shall be determined by such Institute. ``(2) Qualified peer review.--For purposes of paragraph (1), the term `qualified peer review' means peer review described in sections 492 and 492A of the Public Health Service Act.'' (c) Clerical Amendments.-- (1) The table of parts for subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: ``Part IX. Designation of income tax payments to Breast and Prostate Cancer Research Fund.'' (2) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9512. Breast and Prostate Cancer Research Fund.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1996.

Taxpayers' Cancer Research Funding Act of 1997 - Amends the Internal Revenue Code to allow certain individuals to designate that five dollars (ten dollars in the case of joint returns) be paid over to the Breast and Prostate Cancer Research Fund established by this Act.

{"src": "billsum_train", "title": "Taxpayers' Cancer Research Funding Act of 1997"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Research and Competitiveness Act of 2014''. SEC. 2. RESEARCH CREDIT SIMPLIFIED AND MADE PERMANENT. (a) In General.--Subsection (a) of section 41 of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) In General.--For purposes of section 38, the research credit determined under this section for the taxable year shall be an amount equal to the sum of-- ``(1) 20 percent of so much of the qualified research expenses for the taxable year as exceeds 50 percent of the average qualified research expenses for the 3 taxable years preceding the taxable year for which the credit is being determined, ``(2) 20 percent of so much of the basic research payments for the taxable year as exceeds 50 percent of the average basic research payments for the 3 taxable years preceding the taxable year for which the credit is being determined, plus ``(3) 20 percent of the amounts paid or incurred by the taxpayer in carrying on any trade or business of the taxpayer during the taxable year (including as contributions) to an energy research consortium for energy research.''. (b) Repeal of Termination.--Section 41 of such Code is amended by striking subsection (h). (c) Conforming Amendments.-- (1) Subsection (c) of section 41 of such Code is amended to read as follows: ``(c) Determination of Average Research Expenses for Prior Years.-- ``(1) Special rule in case of no qualified research expenditures in any of 3 preceding taxable years.--In any case in which the taxpayer has no qualified research expenses in any one of the 3 taxable years preceding the taxable year for which the credit is being determined, the amount determined under subsection (a)(1) for such taxable year shall be equal to 10 percent of the qualified research expenses for the taxable year. ``(2) Consistent treatment of expenses.-- ``(A) In general.--Notwithstanding whether the period for filing a claim for credit or refund has expired for any taxable year taken into account in determining the average qualified research expenses, or average basic research payments, taken into account under subsection (a), the qualified research expenses and basic research payments taken into account in determining such averages shall be determined on a basis consistent with the determination of qualified research expenses and basic research payments, respectively, for the credit year. ``(B) Prevention of distortions.--The Secretary may prescribe regulations to prevent distortions in calculating a taxpayer's qualified research expenses or basic research payments caused by a change in accounting methods used by such taxpayer between the current year and a year taken into account in determining the average qualified research expenses or average basic research payments taken into account under subsection (a).''. (2) Section 41(e) of such Code is amended-- (A) by striking all that precedes paragraph (6) and inserting the following: ``(e) Basic Research Payments.--For purposes of this section-- ``(1) In general.--The term `basic research payment' means, with respect to any taxable year, any amount paid in cash during such taxable year by a corporation to any qualified organization for basic research but only if-- ``(A) such payment is pursuant to a written agreement between such corporation and such qualified organization, and ``(B) such basic research is to be performed by such qualified organization. ``(2) Exception to requirement that research be performed by the organization.--In the case of a qualified organization described in subparagraph (C) or (D) of paragraph (3), subparagraph (B) of paragraph (1) shall not apply.'', (B) by redesignating paragraphs (6) and (7) as paragraphs (3) and (4), respectively, and (C) in paragraph (4) as so redesignated, by striking subparagraphs (B) and (C) and by redesignating subparagraphs (D) and (E) as subparagraphs (B) and (C), respectively. (3) Section 41(f)(3) of such Code is amended-- (A)(i) by striking ``, and the gross receipts'' in subparagraph (A)(i) and all that follows through ``determined under clause (iii)'', (ii) by striking clause (iii) of subparagraph (A) and redesignating clauses (iv), (v), and (vi), thereof, as clauses (iii), (iv), and (v), respectively, (iii) by striking ``and (iv)'' each place it appears in subparagraph (A)(iv) (as so redesignated) and inserting ``and (iii)'', (iv) by striking subclause (IV) of subparagraph (A)(iv) (as so redesignated), by striking ``, and'' at the end of subparagraph (A)(iv)(III) (as so redesignated) and inserting a period, and by adding ``and'' at the end of subparagraph (A)(iv)(II) (as so redesignated), (v) by striking ``(A)(vi)'' in subparagraph (B) and inserting ``(A)(v)'', and (vi) by striking ``(A)(iv)(II)'' in subparagraph (B)(i)(II) and inserting ``(A)(iii)(II)'', (B) by striking ``, and the gross receipts of the predecessor,'' in subparagraph (A)(iv)(II) (as so redesignated), (C) by striking ``, and the gross receipts of,'' in subparagraph (B), (D) by striking ``, or gross receipts of,'' in subparagraph (B)(i)(I), and (E) by striking subparagraph (C). (d) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 2013. (2) Subsection (b).--The amendment made by subsection (b) shall apply to amounts paid or incurred after December 31, 2013. SEC. 3. PAYGO SCORECARD. (a) Paygo Scorecard.--The budgetary effects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. (b) Senate Paygo Scorecard.--The budgetary effects of this Act shall not be entered on any PAYGO scorecard maintained for purposes of section 201 of S. Con. Res. 21 (110th Congress). Passed the House of Representatives May 9, 2014. Attest: KAREN L. HAAS, Clerk.

American Research and Competitiveness Act of 2014 - Amends the Internal Revenue Code to establish a permanent research tax credit that allows for: (1) 20% of the qualified or basic research expenses that exceed 50% of the average qualified or basic research expenses for the 3 preceding taxable years, and (2) 20% of amounts paid to an energy research consortium for energy research. Reduces such credit rate to 10% if a taxpayer has no qualified research expenses in any one of the 3 preceding taxable years. Prohibits the entry of the budgetary effects of this Act on any PAYGO scorecard.

{"src": "billsum_train", "title": "American Research and Competitiveness Act of 2014"}

SECTION 1. ESTABLISHMENT OF COMMISSION. There is established in the legislative branch the Independent Commission on the 2004 Coup d'Etat in the Republic of Haiti (in this Act referred to as the ``Commission''). SEC. 2. DUTIES. (a) Duties.--The Commission shall examine and evaluate the role of the United States Government in the February 2004 coup d'etat in the Republic of Haiti. In carrying out the preceding sentence, the Commission shall examine and evaluate the following: (1) The extent to which the United States Government impeded the democratic process in Haiti, including the extent to which actions and policies of the United States Government contributed to the overthrow of the democratically-elected Government of Haiti. (2) The circumstances under which Haitian President Jean- Bertrand Aristide resigned his office and went into exile in the Central African Republic, including the role of the United States Government in such resignation and exile. (3) In the events leading up to the coup d'etat, the extent to which the United States Government fulfilled its obligations under article 17 of the Organization of American States (OAS) Inter-American Democratic Charter requiring that each OAS member country come to the aid of another OAS government under attack. (4) The extent to which the United States Government impeded efforts by the international community, particularly efforts by Caribbean Community (CARICOM) countries, to prevent the overthrow of the democratically-elected Government of Haiti. (5) The role of the United States Government in influencing decisions regarding Haiti at the United Nations Security Council and in discussions between Haiti and other countries that were willing to assist in the preservation of the democratically-elected Government of Haiti by sending security forces to Haiti. (6) The extent to which United States assistance was provided or United States personnel were used to support, directly or indirectly, the forces opposed to the government of President Aristide, including the extent to which United States bilateral assistance was channeled through nongovernmental organizations that were directly or indirectly associated with political groups actively involved in fomenting hostilities or violence toward the government of President Aristide. (7) The involvement of the Central Intelligence Agency, directly or indirectly, in operations that contributed to the overthrow of the democratically-elected Government of Haiti. (8) The impact of the International Republican Institute, the National Democratic Institute for International Affairs, and other organizations funded by the United States Agency for International Development on the political process in Haiti. (9) The political and economic impact on Haiti of the decision by the United States Government to discontinue all United States bilateral assistance to Haiti and United States efforts to block loans and support for Haiti from international financial institutions. (10) The broader implications for Haiti and the Caribbean region of the events culminating in the coup d'etat. (b) Scope of Duties.--In carrying out the duties described in subsection (a), the Commission may examine the actions and representations of the current Administration as well as prior Administrations. SEC. 3. COMPOSITION OF COMMISSION. (a) Members.--The Commission shall be composed of 10 members, of whom-- (1) 3 members shall be appointed by the majority leader of the Senate; (2) 2 members shall be appointed by the Speaker of the House of Representatives; (3) 2 members shall be appointed by the minority leader of the Senate; and (4) 3 members shall be appointed by the minority leader of the House of Representatives. (b) Qualification Requirement; Deadline for Appointment; Meetings.-- (1) Nongovernmental appointees.--An individual appointed to the Commission may not be an officer or employee of the Federal Government or any State or local government. (2) Deadline for appointment.--All members of the Commission shall be appointed not later than 45 days after the date of the enactment of this Act. (3) Meetings.--The Commission shall meet at the call of the Chairperson or a majority of its members. (c) Chairperson; Vice Chairperson.--The Chairperson and Vice Chairperson of the Commission shall be elected by the members of the Commission. (d) Quorum; Vacancies.--6 members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. SEC. 4. POWERS OF COMMISSION. (a) Hearings and Sessions.-- (1) In general.--The Commission shall, for the purpose of carrying out this Act, hold public hearings and meetings to the extent appropriate, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (2) Additional requirements.-- (A) Public hearings.--Any public hearings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order. (B) Public versions of reports.--The Commission shall release public versions of the reports required under section 8. (b) Subpoena Power.-- (1) In general.--The Commission may issue a subpoena to require the attendance and testimony of witnesses and the production of evidence relating to any matter under investigation by the Commission. (2) Failure to obey an order or subpoena.--If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas.--The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (c) Contract Authority.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties of this Act. (d) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of that department or agency shall provide that information to the Commission. (e) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission's duties. (2) Other departments and agencies.--In addition to the assistance described in paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (f) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (g) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. SEC. 5. STAFF OF COMMISSION. (a) Appointment and Compensation.--The Chairperson of the Commission, in consultation with the Vice Chairperson of the Commission, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its duties, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such Act relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (b) Detailees.--Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (c) Consultant Services.--The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. SEC. 6. COMPENSATION AND TRAVEL EXPENSES. (a) Compensation.--Each member of the Commission may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (b) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. SEC. 7. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF. (a) In General.--Subject to subsection (b), the appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements. (b) Exception.--No person shall be provided with access to classified information under this Act without the appropriate required security clearance access. SEC. 8. REPORTS OF COMMISSION; TERMINATION. (a) Interim Reports.--The Commission may submit to Congress and the President interim reports containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (b) Final Report.--Not later than 18 months after the date of the enactment of this Act, the Commission shall submit to Congress and the President a final report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (c) Form of Report.--Each report prepared under this section shall be submitted in unclassified form, but may contain a classified annex. SEC. 9. TERMINATION. (a) In General.--The Commission, and all the authorities of this Act, shall terminate 60 days after the date on which the final report is submitted under section 8(b). (b) Administrative Activities Before Termination.--The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $5,000,000 for fiscal year 2005. (b) Availability.--Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until the date on which the Commission terminates pursuant to section 9(a).

Establishes in the legislative branch the Independent Commission on the 2004 Coup d'Etat in the Republic of Haiti. Directs the Commission to examine the United States' role in the February 2004 coup d'etat in the Republic of Haiti, including: (1) the extent to which the United States impeded the democratic process in Haiti, including the extent to which U.S. actions and policies contributed to the overthrow of the democratically-elected Government of Haiti; (2) the circumstances of Haitian President Jean-Bertrand Aristide's resignation and exile; (3) the extent to which the United States fulfilled its obligations under the Organization of American States (OAS) Inter-American Democratic Charter requiring that each OAS member country come to the aid of another OAS government under attack; (4) the extent to which the United States impeded international efforts, particularly efforts by Caribbean Community (CARICOM) countries, to prevent the overthrow of the Government of Haiti; (5) the United States' role in influencing United Nations Security Council decisions regarding Haiti and in discussions between Haiti and other countries that were willing to send security forces to assist the Government of Haiti; (6) the extent to which U.S. assistance or personnel, including the Central Intelligence Agency, was used to support the opposition forces; (7) the impact of the International Republican Institute, the National Democratic Institute for International Affairs, and other organizations funded by the United States Agency for International Development on the political process in Haiti; (8) the impact on Haiti of the U.S. decision to discontinue bilateral assistance and U.S. efforts to block international financial assistance; and (9) the broader implications for Haiti and the Caribbean region of the events culminating in the coup d'etat. Terminates the Commission 60 days after submission of its final report.

{"src": "billsum_train", "title": "To establish the Independent Commission on the 2004 Coup d'Etat in the Republic of Haiti."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Boundary Waters Canoe Area Wilderness Expansion, Protection, and Access Act of 1997''. SEC. 2. MOTORIZED PORTAGES. Section 4 of Public Law 95-495 (16 U.S.C. 1132 note; 92 Stat. 1650) is amended by striking subsection (g) and inserting the following: ``(g) Motorized Portages.-- ``(1) In general.--Subject to paragraph (2), nothing in this Act shall prevent the operation of a motorized vehicle and associated equipment that is necessary to assist in the transport of a boat across Prairie Portage from the Moose Lake chain to Basswood Lake, and from Lake Vermilion to Trout Lake across the Trout Lake Portage. ``(2) Clean and efficient vehicles.--A vehicle operated as permitted under paragraph (1)-- ``(A) may not exceed the dimensions of a \3/4\ ton pickup truck; and ``(B) shall be a clean-emission and energy- efficient vehicle, as determined by the Secretary. ``(3) New technology.--The Secretary may require the use of vehicles under paragraph (1) that utilize appropriate cost- effective new technology allowing for a cleaner and quieter motorized vehicle as soon as practicable, as determined by the Secretary. ``(4) Removal of tow boats.--Not later than 30 days after the date on which the operation of motorized vehicles begins under paragraph (1), the Secretary shall terminate any special use permit for a tow boat in Basswood Lake or South Farm Lake. ``(5) Increase in motorboat permits.--The Secretary shall allow an appropriate increase in the number of motorboat permits for September on Basswood Lake to take into account the removal of commercial tow boats on Basswood Lake. ``(6) No additional facilities.--Nothing in this subsection permits the building of an overnight facility, building, road, or amenity at a portage site. ``(7) No subsidy.--The costs of operating a motorized vehicle under this subsection shall be borne by a concessionaire without subsidy from any government. ``(8) Continued operation.--If there is no operation of a motorized vehicle under this subsection by a concessionaire for a significant portion of the ice-free season for 3 consecutive years, this subsection shall cease to have effect.''. SEC. 3. LAND ADDITIONS TO THE WILDERNESS. Section 3 of Public Law 95-495 (16 U.S.C. 1132 note; 92 Stat. 1649) is amended-- (1) by inserting ``(a) In General.--'' after ``Sec. 3.''; and (2) by adding at the end the following: ``(b) Additional Land.-- ``(1) In general.--The wilderness shall include the land designated on the map entitled `Boundary Waters Canoe Area-- Expansion Proposal', dated July 29, 1997, comprising approximately 21,700 acres. ``(2) On file.--The map referred to in paragraph (1) shall be on file and available for public inspection in the offices of the Chief of the Forest Service and the Supervisor of the Superior National Forest. ``(3) Detailed legal description and map.-- ``(A) In general.--Not later than 1 year after the date of enactment of this subsection, the Secretary shall publish in the Federal Register a detailed legal description and map showing the new boundaries of the wilderness. ``(B) Filing with congress.--The Secretary shall file the legal description and map described in subparagraph (A) with the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Resources of the House of Representatives. ``(C) Force of law.--The legal description and map described in subparagraph (A) shall have the same force and effect as if included in this Act. ``(D) Clerical and typographical errors.--The Secretary may correct clerical and typographical errors in the legal description and map described in subparagraph (A) at any time. ``(4) Timber access roads.--Any timber access road in the land described in paragraph (1) that is in existence on the date of enactment of this subsection that is needed for operations under a timber sale contract in existence on that date shall remain open only until such time as the operations are completed and the timber sale contract expires. ``(5) Land exchanges.--Not later that 2 years after the date of enactment of this subsection, the Secretary shall identify and convey to the State or a county, in exchange for land owned by the State or county in the wilderness area described in paragraph (1), Federal land of approximately comparable value, taking into consideration factors such as the timber species, the volume of timber, and the accessibility of timber on the land.''. SEC. 4. MOTORBOATS ON CANOE LAKE. Section 4(c)(2) of Public Law 95-495 (16 U.S.C. 1132 note; 92 Stat. 1650) is amended by striking ``; Canoe, Cook County''. SEC. 5. USE OF PISTON BULLY. Section 4(i) of Public Law 95-495 (16 U.S.C. 1132 note; 92 Stat. 1652) is amended by adding at the end the following: ``The Secretary shall allow the use of a piston bully or similar device to groom the portion of the maintained ski trail on the east end of Flour Lake.''. SEC. 6. PERMIT RESERVATION SYSTEM. Section 4 of Public Law 95-495 (16 U.S.C. 1132 note; 92 Stat. 1652) is amended by adding at the end the following: ``(j) Permit Reservation System.--It is the sense of Congress that the Secretary should take steps, if feasible, to move the permit reservation system for the wilderness to northeastern Minnesota. In taking such steps, the Secretary should give preference to a contractor located in a county in which part of the wilderness lies.''. SEC. 7. ANNUAL GRANTS. Section 16 of Public Law 95-495 (16 U.S.C. 1132 note; 92 Stat. 1658) is amended by adding at the end the following: ``(c) Annual Grants.--Of the amounts made available under section 21, the Secretary shall make a portion available each year to the State of Minnesota to be used by the Department of Natural Resources to be used to pay the costs of providing employees and equipment in the wilderness (in addition to the employees and equipment being provided before the date of enactment of this subsection) for activities such as-- ``(1) campsite restoration; ``(2) trail and campsite maintenance; ``(3) law enforcement; ``(4) monitoring of the management plan described in section 20; ``(5) user education; and ``(6) other appropriate activities, as determined by the Secretary.''. SEC. 8. AIRSPACE RESERVATION. The provisions of Executive Order No. 10092 (14 Fed. Reg. 7637) shall be applicable to the areas depicted as wilderness on the map referred to in the amendments made by section 3. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. Section 21 of Public Law 95-495 (16 U.S.C. 1132 note; 92 Stat. 1659) is amended to read as follows: ``SEC. 21. AUTHORIZATION OF APPROPRIATIONS. ``In addition to any other funds authorized to be appropriated for the wilderness, there are authorized to be appropriated to carry out this Act-- ``(1) $3,500,000 for fiscal year 1998; and ``(2) such sums as are necessary for each fiscal year thereafter.''. SEC. 10. EFFECTIVE DATE. This Act and the amendments made by this Act take effect on January 1, 1998.

Boundary Waters Canoe Area Wilderness Expansion, Protection, and Access Act of 1997 - Amends Federal law to revise provisions regarding motorized portage in the Boundary Waters Canoe Area Wilderness, Minnesota. Provides that nothing shall prevent the operation of a motorized vehicle and associated equipment necessary to assist in the transport of a boat across Prairie Portage from the Moose Lake chain to Basswood Lake, and from Lake Vermilion to Trout Lake across the Trout Lake Portage. Prohibits such vehicles from exceeding the dimensions of a three-quarter ton pickup truck and requires them to be clean-emission and energy efficient. Requires the Secretary of Agriculture to terminate special use permits for tow boats in Basswood or South Farm Lakes. Increases the number of motorboat permits for September on Basswood Lake to take into account the removal of tow boats. Requires the costs of operating motorized vehicles to be borne by a concessionaire without government subsidies. Makes provisions regarding motorized portage ineffective if there is no operation of such vehicles for a significant part of the ice-free season for three consecutive years. Adds lands to the Wilderness. Prohibits the use of motorboats on Canoe Lake in Cook County. Requires the Secretary to make funds available annually to the Minnesota Department of Natural Resources for activities such as campsite restoration, trail and campsite maintenance, law enforcement, management plan monitoring, and user education. Makes a specified executive order regarding an airspace reservation applicable to lands added to the Wilderness under this Act. Authorizes appropriations.

{"src": "billsum_train", "title": "Boundary Waters Canoe Area Wilderness Expansion, Protection, and Access Act of 1997"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``TARP and ARRA Reporting and Waste Prevention Act''. SEC. 2. REPORTING REQUIREMENT. (a) In General.--Every public or private entity shall, no later than 30 days after receiving or redistributing any funds distributed under title I of the Emergency Economic Stabilization Act of 2008 or the American Recovery and Reinvestment Act of 2009, submit a report to the Secretary of the Treasury detailing such receipt or redistribution. (b) Report Details.--Each report required by subsection (a) shall include, with respect to the funds received or redistributed, and to the extent the information is available-- (1) the amount of such funds; (2) for funds being redistributed, the public or private entity receiving such funds; (3) the specific provision or provisions of title I of the Emergency Economic Stabilization Act of 2008 or the American Recovery and Reinvestment Act of 2009 under which such funds were authorized; (4) the specific purpose for which such funds are being received or redistributed, including-- (A) what geographic area such funds are intended for; and (B) the specific details on how such funds will be used; (5) copies of any contracts entered into by the public or private entity for projects or services that will be funded in whole or in part by such funds; and (6) such other information as the Secretary of the Treasury may require. (c) Separate Report on Contracts.--Any public or private entity that enters into a contract described in subsection (b)(5) shall, no later than 30 days after the date such contract is entered into, and every 30 days thereafter until all performance under the contract has been completed, submit a report to the Secretary of the Treasury detailing-- (1) the amount of funds distributed under title I of the Emergency Economic Stabilization Act of 2008 or the American Recovery and Reinvestment Act of 2009 that have been expended by such public or private entity in furtherance of the contract; (2) the specific details of how such funds were expended and how such expenditures furthered the fulfillment of the contract terms; (3) how many jobs were created by the expenditure of such funds and the average cost to the public or private entity of creating such jobs; and (4) in which geographic areas such funds were expended. (d) Treatment of Commingled Funds.--For purposes of this section, any funds that are commingled with funds distributed under title I of the Emergency Economic Stabilization Act of 2008 or the American Recovery and Reinvestment Act of 2009, such that the source of any particular funds within the commingled funds cannot be identified, shall be treated as funds distributed under title I of the Emergency Economic Stabilization Act of 2008 or the American Recovery and Reinvestment Act of 2009. (e) Regulations.--A report required under subsection (a) shall be made in such manner and form as the Secretary of the Treasury may prescribe by regulation. Such regulation shall be issued no later than 30 days after the date of the enactment of this Act. (f) No Reporting for Certain Tax Benefits.--No report shall be required under subsection (a) for funds received by a public or private entity under any provision of title I of division B of the American Recovery and Reinvestment Act of 2009. (g) Requirement for Giving Notice When Redistributing Funds.--Any public or private entity that redistributes any funds distributed under title I of the Emergency Economic Stabilization Act of 2008 or the American Recovery and Reinvestment Act of 2009 to another public or private entity must give such public or private entity notice-- (1) that such funds are a redistribution of funds distributed under title I of the Emergency Economic Stabilization Act of 2008 or the American Recovery and Reinvestment Act of 2009; and (2) that such public or private entity may be required to submit a report upon the receipt or redistribution of such funds pursuant to section 2(a) of the TARP and ARRA Reporting and Waste Prevention Act. (h) Penalty for Non-Compliance by a Private Entity.-- (1) In general.--A private entity that fails to submit a report required under subsection (a) may not enter into any contract to provide property or services to any Federal agency or department, and may not receive any grants, loans, or other funds from any Federal agency or department, if-- (A) the failure to submit such report was intentional; and (B) The heads of the private entity knew, within the 30-day window for submitting such report, that such report was required to be submitted under this section. (2) Heads of the private entity defined.--For purposes of this subsection, the term ``heads of the private entity'' means, if applicable-- (A) the board of directors of the private entity; (B) the officers of the private entity; and (C) the partners of the private entity. (i) Definitions.--For purposes of this section: (1) Public or private entity.--The term ``public or private entity'' means-- (A) any Federal agency or department; (B) any agency or department of a State government; (C) any agency or department of a political subdivision of a State; and (D) any private entity, other than an individual. (2) Redistributed.--With respect to funds distributed under title I of the Emergency Economic Stabilization Act of 2008 or the American Recovery and Reinvestment Act of 2009, the term ``redistributed'' means the distribution of such funds by a public or private entity to another public or private entity. Notwithstanding the previous sentence, the term ``redistribution'' shall not include-- (A) distributions made to purchase equipment or other supplies; or (B) distributions made for services that are merely incidental to the purchase of equipment or other supplies. (j) Effective Date.--This section shall take effect, with respect to the reporting requirement of subsections (a) and (c), 60 days after the date of the enactment of this Act. SEC. 3. FEDERAL DATABASE. (a) Establishment.--The Secretary of the Treasury shall establish a database to hold all information reported to the Secretary under section 2. (b) Availability.--The Secretary shall, in coordination with the Recovery Accountability and Transparency Board, make the information in the database available to the public on the website recovery.gov, and in a manner that allows members of the public to easily access such information. SEC. 4. WASTE, FRAUD, AND ABUSE HOTLINE. (a) In General.--The Secretary of the Treasury shall establish, publicize, and operate a national toll-free telephone number to serve as a hotline for members of the public to report waste, fraud, or abuse related to funds distributed under title I of the Emergency Economic Stabilization Act of 2008 or the American Recovery and Reinvestment Act of 2009. (b) Report.--Not later than 90 days after the date of the enactment of this Act, and quarterly thereafter, the Secretary of the Treasury shall issue a report to the Congress containing-- (1) a description of the Secretary's compliance with subsection (a); and (2) a description of the actions the Secretary is taking to address instances of waste, fraud, or abuse reported to the hotline. (c) Whistleblower Protection.-- (1) In general.--No company, or any officer, employee, contractor, subcontractor, or agent of such company, may discharge, demote, suspend, threaten, harass, or in any other manner discriminate against an employee in the terms and conditions of employment because of any lawful act done by the employee-- (A) to provide information, cause information to be provided, or otherwise assist in an investigation regarding any conduct which the employee reasonably believes constitutes waste, fraud, or abuse related to funds distributed under title I of the Emergency Economic Stabilization Act of 2008 or the American Recovery and Reinvestment Act of 2009, where such waste, fraud, or abuse was reported to the hotline established under subsection (a); or (B) to file, cause to be filed, testify, participate in, or otherwise assist in a proceeding filed or about to be filed (with any knowledge of the employer) relating to alleged waste, fraud, or abuse related to funds distributed under title I of the Emergency Economic Stabilization Act of 2008 or the American Recovery and Reinvestment Act of 2009, where such alleged waste, fraud, or abuse was reported to the hotline established under subsection (a). (2) Enforcement action.-- (A) In general.--A person who alleges discharge or other discrimination by any person in violation of paragraph (1) may seek relief under paragraph (3), by-- (i) filing a complaint with the Secretary of Labor; or (ii) if the Secretary has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. (B) Procedure.-- (i) In general.--An action under subparagraph (A)(i) shall be governed under the rules and procedures set forth in section 42121(b) of title 49, United States Code. (ii) Notification exception.--Notification made under section 42121(b)(1) of title 49, United States Code, shall be made to the person named in the complaint and to the employer. (iii) Burdens of proof.--An action brought under subparagraph (A)(ii) shall be governed by the legal burdens of proof set forth in section 42121(b) of title 49, United States Code. (iv) Statute of limitations.--An action under subparagraph (A) shall be commenced not later than 90 days after the date on which the violation occurs. (3) Remedies.-- (A) In general.--An employee prevailing in any action under paragraph (2)(A) shall be entitled to all relief necessary to make the employee whole. (B) Compensatory damages.--Relief for any action under subparagraph (A) shall include-- (i) reinstatement with the same seniority status that the employee would have had, but for the discrimination; (ii) the amount of back pay, with interest; and (iii) compensation for any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney fees. (4) Rights retained by employee.--Nothing in this subsection shall be deemed to diminish the rights, privileges, or remedies of any employee under any Federal or State law, or under any collective bargaining agreement. SEC. 5. RECOVERY ACCOUNTABILITY AND TRANSPARENCY BOARD REQUESTS OF INSPECTOR GENERALS FOR AUDITS OR INSPECTIONS. Section 1527(b) of the American Recovery and Reinvestment Act of 2009 is amended by striking ``and the inspector general rejects'' and all that follows through the end of the subsection and inserting ``, the Board shall make such request available to the public on the website recovery.gov.''.

TARP and ARRA Reporting and Waste Prevention Act - Requires each public or private entity to provide a detailed report to the Secretary of the Treasury upon either: (1) receipt or redistribution of any funds under title I (Troubled Asset Relief Program [TARP]) of the Emergency Economic Stabilization Act of 2008 (EESA) or the American Recovery and Reinvestment Act of 2009 (ARRA); or (2) entering into a contract for projects or services funded by TARP or ARRA. Requires a public or private entity that redistributes any TARP or ARRA funds to another public or private entity to give the redistributee notice that: (1) such funds are a redistribution of either TARP funds or ARRA funds; and (2) the redistributee may be required to report to the Secretary. Instructs the Secretary to: (1) establish a database to hold all such reported information; (2) make the database information available to the public on the website recovery.gov; and (3) establish a national toll-free telephone hotline number for the public to report waste, fraud, or abuse related to either TARP or ARRA funds. Sets forth whistleblower protections. Amends ARRA to require the Recovery Accountability and Transparency Board, if it requests that an inspector general conduct or refrain from conducting an audit investigation, to make such request available to the public on the website recovery.gov.

{"src": "billsum_train", "title": "To establish reporting requirements each time funds from Troubled Assets Relief Program or the American Recovery and Reinvestment Act of 2009 are received or redistributed, and to establish a waste, fraud, and abuse hotline for such funds, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wetlands and Green Space Preservation Assistance Act of 1993''. SEC. 2. SPECIAL VALUATION FOR SENSITIVE ENVIRONMENTAL AREAS. (a) In General.--Part III of subchapter A of chapter 11 of the Internal Revenue Code of 1986 (relating to gross estate) is amended by adding immediately after section 2032A the following new section: ``SEC. 2032B. VALUATION OF SENSITIVE ENVIRONMENTAL AREAS. ``(a) Value Based on Environmental Use.--If-- ``(1) the decedent was (at the time of his death) a citizen or resident of the United States, and ``(2) the executor elects the application of this section, then, for purposes of this chapter, the value of any interest in any sensitive environmental area in the gross estate of the decedent shall be its environmental use value. ``(b) Definitions; Special Rules.--For purposes of this section-- ``(1) In general.--The term `sensitive environmental area' means-- ``(A) any wetlands area (as defined by section 3(5) of the Emergency Wetlands Revenues Act of 1986 (16 U.S.C. 3902(5)), or ``(B) any other area of undeveloped natural condition or open space. ``(2) Environmental use value.--The term `environmental use value' means the value of the interest in a sensitive environmental area, subject to an environmental preservation easement. ``(3) Environmental preservation easement.-- ``(A) In general.--The term `environmental preservation easement' means, with respect to any sensitive environmental area included in the gross estate of the decedent, a preservation easement granted for a period of 10 years beginning on the date of death of the decedent. ``(B) Grantor.--Any environmental preservation easement may be granted by-- ``(i) the decedent (including by lifetime transfer), or ``(ii) the executor with the consent of the qualified heirs of the decedent. ``(C) Charitable deduction limitation.--No deduction shall be allowed under sections 170 or 2055 for a grant of an environmental preservation easement under subparagraph (B)(ii) of this paragraph. ``(4) Qualified heir.--The term `qualified heir' means, with respect to any interest in any sensitive environmental area-- ``(A) the estate of the decedent, or ``(B) any person who acquires such interest (or to whom such interest passes) from the decedent. ``(c) Recapture of Tax on Failure to Maintain Easement.-- ``(1) Imposition of additional estate tax.--If, after the death of the decedent, a qualified heir of the decedent fails to maintain an environmental preservation easement in a sensitive environmental area, then there is hereby imposed an additional estate tax. ``(2) Amount of additional tax.-- ``(A) In general.--The amount of the additional tax imposed by paragraph (1) with respect to any interest in any sensitive environmental area shall be the amount equal to the greater of-- ``(i) the adjusted tax difference attributable to such interest, or ``(ii) the excess of the amount realized with respect to the interest (or, in any case other than a sale or exchange at arm's length, the fair market value of the interest) over the environmental use value of the interest. ``(B) Adjusted tax difference attributable to interest.--For purposes of subparagraph (A), the adjusted tax difference attributable to an interest is the amount which bears the same ratio to the adjusted tax difference with respect to the estate (determined under subparagraph (C)) as-- ``(i) the excess of the value of such interest for purposes of this chapter (determined without regard to its environmental use value) over the environmental use value of such interest, bears to ``(ii) a similar excess determined for all sensitive environmental areas in such estate. ``(C) Adjusted tax difference with respect to the estate.--For purposes of subparagraph (B), the term `adjusted tax difference with respect to the estate' means the excess of what would have been the estate tax liability, but for subsection (a), over the estate tax liability. For purposes of this subparagraph, the term `estate tax liability' means the tax imposed by section 2001 reduced by the credits allowable against such tax. ``(3) Due date.--The additional tax imposed by this subsection shall become due and payable on the day which is 6 months after the date of the failure referred to in paragraph (1). ``(4) Liability for tax: furnishing of bond.--The qualified heir receiving an interest for which an election under subsection (a) has been made shall be personally liable for the additional tax imposed by this subsection with respect to his interest unless such heir has furnished bond which meets the requirements of paragraph (5). ``(5) Bond in lieu of personal liability.--If a qualified heir makes written application to the Secretary for determination of the maximum amount of the additional tax which may be imposed by this subsection with respect to such heir's interest, the Secretary (as soon as possible, and in any event within 1 year after the making of such application) shall notify such heir of such maximum amount. The qualified heir, on furnishing a bond in such amount and for such period as may be required, shall be discharged from personal liability for any additional tax imposed by this subsection and shall be entitled to a receipt or writing showing such discharge. ``(d) Election.--The election under this section shall be made not later than the time prescribed by section 607(a) for filing the return of tax imposed by section 2001 (including extension thereof), and shall be made in such manner as the Secretary shall by regulations prescribe. Such election once made shall be irrevocable. ``(e) Statute of Limitations.--If there is a failure to maintain an environmental preservation easement in a sensitive environmental area as described in subsection (c), then-- ``(1) the statutory period for the assessment of any additional tax under subsection (c) attributable to such failure shall not expire before the expiration of 3 years from the date the Secretary is notified (in such manner as the Secretary may by regulations prescribe) of such failure, and ``(2) such additional tax may be assessed before the expiration of such 3-year period notwithstanding the provisions of any other law or rule of law which would otherwise prevent such assessment.'' (b) Conforming Amendments.-- (1) Subsection (l) of section 170 of such Code (relating to disallowance of charitable deductions in certain cases) is amended by adding at the end thereof the following new paragraph: ``For disallowance of deductions for certain contributions of environmental preservation easements, see section 2032B(b)(3)(C).'' (2) Paragraph (3) of section 1014(a) of such Code (relating to basis of property acquired from a decedent) is amended by inserting ``or section 2032B'' after ``section 2032A''. (3) Subsection (c) of section 1016 of such Code (relating to increase in basis of property on which additional estate tax is imposed) is amended-- (A) by inserting ``or section 2032B(c)(1)'' after ``section 2032A(c)(1)'' each place it appears in paragraphs (1), (3), and (5)(B), (B) by inserting ``or section 2032B'' after ``2032A'' in paragraph (1)(A), (C) by striking ``section 2032A(a)'' in paragraph (1)(B) and inserting ``subsection (a) of the section under which such additional estate tax is imposed''. (4) Section 1040 of such Code (relating to transfer of certain farm, etc., real property) is amended-- (A) by inserting ``or section 2032B(b)(4)'' after ``section 2032A(e)(1)'' in subsection (a), (B) by inserting ``or section 2032B'' after ``under section 2032A'' each place it appears therein, (C) by striking ``to section 2032A'' and inserting ``to sections 2032A and 2032B'' in subsection (a), and (D) by striking ``farm, etc., real'' in the heading and inserting ``special valuation''. (5) Subparagraph (C) of section 1223(12) of such Code (relating to holding period of property) is amended by inserting ``or section 2032B(b)(4)''. (6) Subsection (f) of section 2013 of such Code (relating to treatment of additional estate tax imposed) is amended-- (A) by inserting ``or section 2032B(c)'' after ``section 2032A(c)'' each place it appears, (B) by inserting ``or section 2032B'' after ``If section 2032A'', (C) by striking ``as if section 2032A'' in paragraph (2) and inserting ``as if sections 2032A and 2032B'', and (D) by inserting ``or Section 2032B'' after ``Section 2032A'' in the caption thereof. (7) Subsection (e) of section 2055 of such Code (relating to disallowance of deduction for transfers for public, charitable, and religious uses in certain cases) is amended by adding at the end thereof the following new paragraph: ``(5) No deduction shall be allowed under this section for a transfer described under paragraph (3)(B) of section 2032B(b).'' (8) Section 2624(b) of such Code (relating to valuation in generation-skipping transfers) is amended by striking ``2032 and 2032A'' and inserting ``2032, 2032A, and 2032B''. (9) Section 2663(1) of such Code (relating to regulations for generation-skipping transfers) is amended by striking ``section 2032A(c)'' and inserting ``sections 2032A(c) and 2032B(c)''. (10) The table of sections for part III of subchapter A of chapter 11 of such Code is amended by inserting immediately after the item relating to section 2032A the following: ``Sec. 2032B. Special valuation for sensitive environmental areas.''. (11) The table of sections for part III of subchapter O of chapter 1 of such Code is amended by striking ``farm, etc., real'' in the item relating to section 1040 and inserting ``special valuation''. (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying after the date of the enactment of this Act.

Wetlands and Green Space Preservation Assistance Act of 1993 - Amends the Internal Revenue Code to provide for determining the environmental use value of sensitive environmental areas for estate tax purposes. Requires the estate to grant an environmental preservation easement for a period of ten years after the death of the decedent. Imposes an additional estate tax if an heir fails to maintain the easement.

{"src": "billsum_train", "title": "Wetlands and Green Space Preservation Assistance Act of 1993"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Robocall Enforcement Improvements Act of 2014''. SEC. 2. ENFORCEMENT AUTHORITY RELATING TO NON-LICENSEE ROBOCALLERS. (a) Authority To Impose Forfeitures Without First Issuing Citations.--Section 503(b)(5) of the Communications Act of 1934 (47 U.S.C. 503(b)(5)) is amended in the second sentence-- (1) by striking ``or in the case of'' and inserting ``in the case of''; and (2) by inserting before the period at the end the following: ``, or if the person involved is engaging in violations of section 227(b)(1) of this title''. (b) Expansion of Statute of Limitations.--Section 503(b)(6)(B) of the Communications Act of 1934 (47 U.S.C. 503(b)(6)(B)) is amended-- (1) by striking ``occurred more than 1 year'' and inserting the following: ``occurred-- ``(i) except as provided in clause (ii), more than 1 year''; (2) by striking ``liability.'' and inserting ``liability; or''; and (3) by inserting after clause (i), as designated, the following: ``(ii) in the case of a violation of section 227(b)(1) of this title, more than 3 years prior to the date of issuance of the required notice of apparent liability.''. (c) Increase in Maximum Forfeiture.--Section 503(b)(2) of the Communications Act of 1934 (47 U.S.C. 503(b)(2)) is amended-- (1) in subparagraph (D), by striking ``or (C)'' and inserting ``(C), (F), or (G)''; and (2) by adding at the end the following: ``(G) If the violator does not hold, and is not an applicant for, a license, permit, certificate, or other authorization issued by the Commission-- ``(i) the amount of any forfeiture penalty determined under this subsection for a violation of section 227(b)(1) of this title shall not exceed $25,000 for each violation or each day of a continuing violation; and ``(ii) there shall be no limit on the total amount assessed for any continuing violation of section 227(b)(1) of this title.''. SEC. 3. AMENDMENTS TO TRUTH IN CALLER ID ACT OF 2009. (a) Communications From Outside United States.--Section 227(e)(1) of the Communications Act of 1934 (47 U.S.C. 227(e)(1)) is amended by inserting ``or any person outside the United States if the recipient is within the United States,'' after ``United States,''. (b) Clarification of Definition of ``IP-Enabled Voice Service''.-- Section 227(e)(8)(C) of the Communications Act of 1934 (47 U.S.C. 227(e)(8)(C)) is amended by striking ``has the meaning'' and all that follows and inserting the following: ``means the provision of real-time voice communications offered to the public, or such class of users as to be effectively available to the public, transmitted using Internet protocol, or a successor protocol, (whether part of a bundle of services or separately) with interconnection capability such that the service can originate traffic to, or terminate traffic from, the public switched telephone network, or a successor network.''. (c) Spoofing Service.-- (1) In general.--Section 227(e) of the Communications Act of 1934 (47 U.S.C. 227(e)) is amended-- (A) by striking paragraph (4); (B) by redesignating paragraph (3) as paragraph (4); (C) by inserting after paragraph (2) the following: ``(3) Spoofing services.-- ``(A) In general.--A provider of a spoofing service shall take such steps as the Commission may prescribe to verify that a person does not use the service in violation of this subsection. ``(B) Recordkeeping and reporting.--The Commission shall impose reasonable recordkeeping and reporting obligations on a provider of a spoofing service, and shall adopt any other regulation that the Commission determines necessary, to prevent or investigate violations of this subsection. ``(C) Subpoena authority.--Notwithstanding chapter 121 of title 18, United States Code, for purposes of enforcing this subsection, the Commission may by subpoena require a provider of a spoofing service to disclose to the Commission the caller identification information transmitted by a subscriber to or customer of the spoofing service.''; and (D) in paragraph (8), by adding at the end the following: ``(D) Spoofing service.--The term `spoofing service' means a service that substitutes, or permits a user to substitute, another name or any number (including a telephone number, pseudo-number, or other number) for display as the caller identification information for a call or text message.''. (2) Conforming amendment.--Section 227(e)(1) of the Communications Act of 1934 (47 U.S.C. 227(e)(1)), as amended by subsection (a), is amended by striking ``paragraph (3)(B)'' and inserting ``paragraph (4)(B)''. (d) Text Messaging Service.--Section 227(e)(8) of the Communications Act of 1934 (47 U.S.C. 227(e)(8)) is amended-- (1) in subparagraph (A), by inserting ``(including a text message sent using a text messaging service)'' before the period at the end; (2) in the first sentence of subparagraph (B), by inserting ``(including a text message sent using a text messaging service)'' before the period at the end; and (3) by adding at the end the following: ``(D) Text message.--The term `text message'-- ``(i) means a real-time or near real-time message consisting of text, images, sounds, or other information that is transmitted from or received by a device that is identified as the transmitting or receiving device by means of a telephone number; ``(ii) includes a short message service (commonly referred to as `SMS') message, an enhanced message service (commonly referred to as `EMS') message, and a multimedia message service (commonly referred to as `MMS') message; and ``(iii) does not include a real-time, 2-way voice or video communication. ``(E) Text messaging service.--The term `text messaging service' means a service that permits the transmission or receipt of a text message, including a service provided as part of or in connection with a telecommunications service or an IP-enabled voice service.''. (e) Savings Clause.--Section 227(e) of the Communications Act of 1934 (47 U.S.C. 227(e)) is amended by adding at the end the following: ``(10) Savings clause.--Nothing in this subsection shall be construed to-- ``(A) modify or limit the authority of the Commission under the Telephone Consumer Protection Act of 1991 (Public Law 102-243; 105 Stat. 2394), the amendments made by that Act, or the CAN-SPAM Act of 2003 (15 U.S.C. 7701 et seq.), as of the day before the date of enactment of the Robocall Enforcement Improvements Act of 2014, to interpret the term `call' to include a text message; or ``(B) modify, limit, or otherwise affect any rule or order adopted by the Commission in connection with the Telephone Consumer Protection Act of 1991, the amendments made by that Act, or the CAN-SPAM Act of 2003.''. (f) Regulations.-- (1) In general.--Section 227(e)(3)(A) of the Communications Act of 1934 (47 U.S.C. 227(e)(3)(A)) is amended by striking ``Not later than 6 months after the date of enactment of the Truth in Caller ID Act of 2009, the Commission'' and inserting ``The Commission''. (2) Deadline.--Not later than 18 months after the date of enactment of this Act, the Federal Communications Commission shall prescribe regulations to implement the amendments made by this section. (g) Effective Date.--The amendments made by this section shall take effect on the date that is 6 months after the date on which the Federal Communications Commission prescribes regulations to implement the amendments made by this section. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that-- (1) telecommunications carriers have the legal authority to offer consumers services that block or filter robocalls; and (2) the Federal Government, including the Federal Communications Commission and the Federal Trade Commission, should encourage telecommunications carriers to develop and implement the services described in paragraph (1).

Robocall Enforcement Improvements Act of 2014 - Amends the Communications Act of 1934 to authorize the Federal Communications Commission (FCC) to impose forfeiture penalties without first sending a citation regarding the charged violation against persons not licensed by the FCC who violate prohibitions on the use of automated telephone equipment. (Currently, if existing exceptions do not apply, forfeiture penalties may not be imposed unless the person is sent a citation prior to a notice of apparent liability and that person subsequently engages in the same type of conduct described in the citation.) Expands the statute of limitations period and increases the maximum forfeiture penalty applicable to non-licensed automated telephone equipment violations. Expands prohibitions on the provision of inaccurate caller identification information to persons outside the United States if the recipient is within the United States. Directs providers of spoofing services to take such steps as the FCC may prescribe to verify that users do not engage in caller identification information violations. Defines "spoofing service" as a service that substitutes, or permits a user to substitute, another name or any number for display as the caller identification information for a call or text message. Requires the FCC to impose recordkeeping and reporting obligations on spoofing service providers. Authorizes the FCC to subpoena caller identification information transmitted by a subscriber to or customer of the spoofing service. Expands the definition "caller identification information" to include text messages. Expresses the sense of Congress that: (1) telecommunications carriers have the legal authority to offer consumers services that block or filter robocalls, and (2) the federal government should encourage telecommunications carriers to develop and implement such services.

{"src": "billsum_train", "title": "Robocall Enforcement Improvements Act of 2014"}

SECTION 1. CONGRESSIONAL STATEMENT OF POLICY. It is the sense of the Congress that the President should make freedom of religion one of the major objectives of United States foreign policy with respect to China. As part of this policy, the Department of State should raise in every relevant bilateral and multilateral forum the issue of individuals imprisoned, detained, confined, or otherwise harassed by the Chinese Government on religious grounds. In its communications with the Chinese Government, the Department of State should provide specific names of individuals of concern and request a complete and timely response from the Chinese Government regarding the individuals' whereabouts and condition, the charges against them, and sentence imposed. The goal of these official communications should be the expeditious release of all religious prisoners in China and Tibet and the end of the Chinese Government's policy and practice of harassing and repressing religious believers. SEC. 2. PROHIBITION ON USE OF FUNDS FOR THE PARTICIPATION OF CERTAIN CHINESE OFFICIALS IN CONFERENCES, EXCHANGES, PROGRAMS, AND ACTIVITIES. (a) Prohibition.--Notwithstanding any other provision of law, for fiscal years after fiscal year 1997, no funds appropriated or otherwise made available for the Department of State, the United States Information Agency, and the United States Agency for International Development may be used for the purpose of providing travel expenses and per diem for the participation of nationals of the People's Republic of China described in paragraphs (1) and (2) in conferences, exchanges, programs, and activities: (1) The head or political secretary of any of the following Chinese Government-created or approved organizations: (A) The Chinese Buddhist Association. (B) The Chinese Catholic Patriotic Association. (C) The National Congress of Catholic Representatives. (D) The Chinese Catholic Bishops' Conference. (E) The Chinese Protestant ``Three Self'' Patriotic Movement. (F) The China Christian Council. (G) The Chinese Taoist Association. (H) The Chinese Islamic Association. (2) Any military or civilian official or employee of the Government of the People's Republic of China who carried out or directed the carrying out of any of the following policies or practices: (A) Formulating, drafting, or implementing repressive religious policies. (B) Imprisoning, detaining, or harassing individuals on religious grounds. (C) Promoting or participating in policies or practices which hinder religious activities or the free expression of religious beliefs. (b) Certification.-- (1) Each Federal agency subject to the prohibition of subsection (a) shall certify in writing to the appropriate congressional committees no later than 120 days after the date of enactment of this Act, and every 90 days thereafter, that it did not pay, either directly or through a contractor or grantee, for travel expenses or per diem of any national of the People's Republic of China described in subsection (a). (2) Each certification under paragraph (1) shall be supported by the following information: (A) The name of each employee of any agency of the Government of the People's Republic of China whose travel expenses or per diem were paid by funds of the reporting agency of the United States Government. (B) The procedures employed by the reporting agency of the United States Government to ascertain whether each individual under subparagraph (A) did or did not participate in activities described in subsection (a)(2). (C) The reporting agency's basis for concluding that each individual under subparagraph (A) did not participate in such activities. (c) Definition of Appropriate Congressional Committees.--For purposes of this section the term ``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives. SEC. 3. CERTAIN OFFICIALS OF THE PEOPLE'S REPUBLIC OF CHINA INELIGIBLE TO RECEIVE VISAS AND EXCLUDED FROM ADMISSION. (a) Requirement.--Notwithstanding any other provision of law, any national of the People's Republic of China described in section 2(a)(2) (except the head of state, the head of government, and cabinet level ministers) shall be ineligible to receive visas and shall be excluded from admission into the United States. (b) Waiver.--The President may waive the requirement in subsection (a) with respect to an individual described in such subsection if the President-- (1) determines that it is vital to the national interest to do so; and (2) provides written notification to the appropriate congressional committees (as defined in section 2(c)) containing a justification for the waiver. SEC. 4. SUNSET PROVISION. Sections 2 and 3 shall cease to have effect 4 years after the date of the enactment of this Act. Passed the House of Representatives November 6, 1997. Attest: ROBIN H. CARLE, Clerk.

Expresses the sense of the Congress that the President should make freedom of religion one of the major objectives of U.S. foreign policy with respect to China. Prohibits the use of funds made available to the Department of State, the United States Information Agency, and the United States Agency for International Development to provide travel expenses for certain Chinese officials participating in international conferences, exchanges, programs, and activities. Requires each agency to certify to appropriate congressional committees that it did not pay such expenses. Makes such officials ineligible to receive visas for admission into the United States. Permits the President to waive such requirement if he determines it vital to the national interest and provides a written justification to the appropriate congressional committees.

{"src": "billsum_train", "title": "To prohibit the use of United States funds to provide for the participation of certain Chinese officials in international conferences, programs, and activities and to provide that certain Chinese officials shall be ineligible to receive visas and excluded from admission to the United States."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Colorectal Cancer Mortality Prevention Act of 2004''. SEC. 2. ESTABLISHMENT OF PROGRAM OF GRANTS TO STATES FOR DETECTION AND CONTROL OF COLORECTAL CANCER. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by inserting after title XXVIII the following new title: ``TITLE XXIX--PREVENTIVE HEALTH MEASURES WITH RESPECT TO COLORECTAL CANCERS ``SEC. 2901. ESTABLISHMENT OF PROGRAM OF GRANTS TO STATES. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to States on the basis of an established competitive review process for the purpose of carrying out programs-- ``(1) to screen for colorectal cancer as a preventive health measure; ``(2) to provide appropriate referrals for medical treatment of individuals screened pursuant to paragraph (1) and to ensure, to the extent practicable, the provision of appropriate follow-up services; ``(3) to develop and disseminate public information and education programs for the detection and control of colorectal cancer; ``(4) to improve the education, training, and skills of health professionals (including allied health professionals) in the detection and control of colorectal cancer; ``(5) to establish mechanisms through which the States can monitor the quality of screening procedures for colorectal cancer, including the interpretation of such procedures; and ``(6) to evaluate activities conducted under paragraphs (1) through (5) through appropriate surveillance or program- monitoring activities. ``(b) Grant and Contract Authority of States.--A State receiving a grant under subsection (a) may expend the grant to carry out the purpose described in such subsection through grants to, and contracts with, public or nonprofit private entities. ``SEC. 2902. REQUIREMENT OF MATCHING FUNDS. ``(a) In General.--The Secretary may not make a grant under section 2901 unless the State involved agrees, with respect to the costs to be incurred by the State in carrying out the purpose described in such section, to make available non-Federal contributions (in cash or in kind under subsection (b)) toward such costs in an amount that is not less than $1 for each $3 of Federal funds provided in the grant. Such contributions may be made directly or through donations from public or private entities. ``(b) Determination of Amount of Non-Federal Contribution.-- ``(1) In general.--Non-Federal contributions required in subsection (a) may be in cash or in kind, fairly evaluated, including equipment or services (and excluding indirect or overhead costs). Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. ``(2) Maintenance of effort.--In making a determination of the amount of non-Federal contributions for purposes of subsection (a), the Secretary may include only non-Federal contributions in excess of the average amount of non-Federal contributions made by the State involved toward the purpose described in section 2901 for the 2-year period preceding the first fiscal year for which the State is applying to receive a grant under such section. ``(3) Inclusion of relevant non-federal contributions for medicaid.--In making a determination of the amount of non- Federal contributions for purposes of subsection (a), the Secretary shall, subject to paragraphs (1) and (2) of this subsection, include any non-Federal amounts expended pursuant to title XIX of the Social Security Act by the State involved toward the purpose described in paragraphs (1) and (2) of section 2901(a). ``SEC. 2903. REQUIREMENTS WITH RESPECT TO TYPE AND QUALITY OF SERVICES. ``(a) Requirement of Provision of All Services by Date Certain.-- The Secretary may not make a grant under section 2901 unless the State involved agrees-- ``(1) to ensure that, initially and throughout the period during which amounts are received pursuant to the grant, not less than 60 percent of the grant is expended to provide each of the services or activities described in paragraphs (1) and (2) of section 2901(a), including making available screening procedures for colorectal cancer; ``(2) to ensure that, by the end of any second fiscal year of payments pursuant to the grant, each of the services or activities described in section 2901(a) is provided; and ``(3) to ensure that not more than 40 percent of the grant is expended to provide the services or activities described in paragraphs (3) through (6) of such section. ``(b) Quality Assurance Regarding Screening for Colorectal Cancer.--The Secretary may not make a grant under section 2901 unless the State involved-- ``(1) assures the quality of any screening procedure for colorectal cancer conducted pursuant to such section; and ``(2) assures that, with respect to the first colorectal cancer screening performed on an individual for which payment is made pursuant to section 2901(a), there are satisfactory assurances that the results of the screening will be placed in permanent medical records maintained with respect to the individual. ``(c) Issuance by Secretary of Guidelines With Respect to Quality of Colorectal Services.-- ``(1) In general.--The Secretary shall issue guidelines for assuring the quality of any colorectal screening procedure conducted pursuant to section 2901(a). ``(2) Applicability with respect to grants.--The Secretary may not make a grant under section 2901 unless the State involved agrees that the State will, with respect to any colorectal screening procedure conducted pursuant to such section, ensure that the procedure is conducted in accordance with the guidelines issued by the Secretary under paragraph (1). ``SEC. 2904. ADDITIONAL REQUIRED AGREEMENTS. ``(a) Priority for Low-Income Individuals.--The Secretary may not make a grant under section 2901 unless the State involved agrees that low-income individuals will be given priority in the provision of services and activities pursuant to paragraphs (1) and (2) of section 2901(a). ``(b) Limitation on Imposition of Fees for Services.--The Secretary may not make a grant under section 2901 unless the State involved agrees that, if a charge is imposed for the provision of services or activities under the grant, such charge-- ``(1) will be made according to a schedule of charges that is made available to the public; ``(2) will be adjusted to reflect the income of the individuals involved; and ``(3) will not be imposed on any individual with an income of less than 100 percent of the official poverty line, as established by the Director of the Office of Management and Budget and revised by the Secretary in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981. ``(c) Statewide Provision of Services.-- ``(1) In general.--The Secretary may not make a grant under section 2901 unless the State involved agrees that services and activities under the grant will be made available throughout the State, including availability to members of any Indian tribe or tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act). ``(2) Waiver.--The Secretary may waive the requirement established in paragraph (1) for a State if the Secretary determines that compliance by the State with the requirement would result in an inefficient allocation of resources with respect to carrying out the purpose described in section 2901(a). ``(d) Relationship to Items and Services Under Other Programs.--The Secretary may not make a grant under section 2901 unless the State involved agrees that the grant will not be expended to make payment for any item or service to the extent that payment has been made, or can reasonably be expected to be made, with respect to such item or service-- ``(1) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or ``(2) by an entity that provides health services on a prepaid basis. ``(e) Coordination With Other Colorectal Cancer Programs.--The Secretary may not make a grant under section 2901 unless the State involved agrees that the services and activities funded through the grant will be coordinated with other Federal, State, and local colorectal cancer programs. ``(f) Limitation on Administrative Expenses.--The Secretary may not make a grant under section 2901 unless the State involved agrees that not more than 10 percent of the grant will be expended for administrative expenses with respect to the grant. ``(g) Restrictions on Use of Grant.--The Secretary may not make a grant under section 2901 unless the State involved agrees that the grant will not be expended to provide inpatient hospital services (as that term is defined by the Secretary for purposes of this subsection). ``(h) Records and Audits.--The Secretary may not make a grant under section 2901 unless the State involved agrees that-- ``(1) the State will establish such fiscal control and fund accounting procedures as may be necessary to ensure the proper disbursement of, and accounting for, amounts received by the State under such section; and ``(2) upon request, the State will provide records maintained pursuant to paragraph (1) to the Secretary or the Comptroller General of the United States for purposes of auditing the expenditures by the State of the grant. ``(i) Reports to Secretary.--The Secretary may not make a grant under section 2901 unless the State involved agrees to submit to the Secretary such reports as the Secretary may require with respect to the grant. ``SEC. 2905. DESCRIPTION OF INTENDED USES OF GRANT. ``The Secretary may not make a grant under section 2901 unless-- ``(1) the State involved submits to the Secretary a description of the purposes for which the State intends to expend the grant; ``(2) the description identifies the populations, areas, and localities in the State with a need for the services or activities described in section 2901(a); ``(3) the description provides information relating to the services and activities to be provided, including a description of the manner in which the services and activities will be coordinated with any similar services or activities of public or nonprofit entities; and ``(4) the description provides assurances that the grant funds be used in the most cost-effective manner. ``SEC. 2906. REQUIREMENT OF SUBMISSION OF APPLICATION. ``The Secretary may not make a grant under section 2901 unless an application for the grant is submitted to the Secretary, the application contains the description of intended uses required in section 2905, and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this title. ``SEC. 2907. TECHNICAL ASSISTANCE AND PROVISION OF SUPPLIES AND SERVICES IN LIEU OF GRANT FUNDS. ``(a) Technical Assistance.--The Secretary may provide training and technical assistance with respect to the planning, development, and operation of any program or service carried out pursuant to section 2901. The Secretary may provide such technical assistance directly or through grants to, or contracts with, public and private entities. ``(b) Provision of Supplies and Services in Lieu of Grant Funds.-- ``(1) In general.--Upon the request of a State receiving a grant under section 2901, the Secretary may, subject to paragraph (2), provide supplies, equipment, and services for the purpose of aiding the State in carrying out such section and, for such purpose, may detail to the State any officer or employee of the Department of Health and Human Services. ``(2) Corresponding reduction in payments.--With respect to a request described in paragraph (1), the Secretary shall reduce the amount of payments under the grant under section 2901 to the State involved by an amount equal to the costs of detailing personnel (including pay, allowances, and travel expenses) and the fair market value of any supplies, equipment, or services provided by the Secretary. The Secretary shall, for the payment of expenses incurred in complying with such request, expend the amounts withheld. ``SEC. 2908. EVALUATIONS AND REPORTS. ``(a) Evaluations.--The Secretary shall, directly or through contracts with public or private entities, provide for annual evaluations of programs carried out pursuant to section 2901. ``(b) Report to Congress.--The Secretary shall, not later than 1 year after the date on which amounts are first appropriated to carry out section 2909(a), and annually thereafter, submit to the appropriate congressional committees a report summarizing evaluations carried out pursuant to subsection (a) during the preceding fiscal year and making such recommendations for administrative and legislative initiatives with respect to this title as the Secretary determines to be appropriate. ``SEC. 2909. FUNDING. ``(a) Authorization of Appropriations.--For the purpose of carrying out this title, there is authorized to be appropriated $25,000,000 for each of the fiscal years 2005 through 2008. ``(b) Set-Aside for Technical Assistance and Provision of Supplies and Services.--Of the amounts appropriated under subsection (a) for a fiscal year, the Secretary shall reserve not more than 10 percent for carrying out section 2907.''.

Colorectal Cancer Mortality Prevention Act of 2004 - Amends the Public Health Service Act to provide matching grants to States to carry out programs to: (1) screen for colorectal cancer as a preventive health measure; (2) provide referrals for medical treatment to individuals screened and ensure appropriate follow-up services; (3) develop and disseminate information and education programs for the detection and control of colorectal cancer; (4) improve the education, training, and skills of health professions in the detection and control of colorectal cancer; (5) establish mechanisms to monitor the quality of screening procedures for colorectal cancer; and (6) evaluate such activities through surveillance or program-monitoring. Requires States to meet specified matching fund requirements and other criteria to receive a grant, including ensuring that 60 percent of grant money is spent on screening and medical treatment, assuring the quality of screening procedures, giving priority to low-income individuals, and limiting the fees charged. Allows the Secretary to provide training, technical assistance, supplies, equipment, and services to aid the State in carrying out such a program. Requires the Secretary to: (1) issue guidelines for assuring the quality of any colorectal screening procedures carried out under this Act; and (2) evaluate the programs annually.

{"src": "billsum_train", "title": "To amend the Public Health Service Act to establish a program of grants for the detection and control of colorectal cancer."}

SECTION 1. SHORT TITLE; FINDINGS; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Nurse and Health Care Worker Protection Act of 2015''. (b) Findings.--Congress finds the following: (1) In 2014, registered nurses ranked sixth among all occupations for the number of cases of musculoskeletal disorders resulting in days away from work, with 11,360 total cases. Nursing assistants reported 20,020 cases in 2014, the second highest of any profession. The leading cause of these health care employees' injuries is patient lifting, transferring, and repositioning injuries, which constitute a significant risk to the health and welfare of those employees under the Occupational Safety and Health Act of 1970. (2) The physical demands of the nursing profession lead many nurses to leave the profession. Fifty-two percent of nurses complain of chronic back pain and 38 percent suffer from pain severe enough to require leave from work. Many nurses and other health care workers suffering back injury do not return to work. These consequences constitute a material impairment of health for these employees under the Occupational Safety and Health Act of 1970. (3) Patients are not at optimum levels of safety while being lifted, transferred, or repositioned manually. Appropriate mechanical lifts can substantially reduce skin tears and pressure ulcers suffered by patients and the frequency of patients being dropped, thus allowing patients a safer means to progress through their care and avoid disabling injuries due to unsafe practices. (4) The development of assistive patient handling technology, equipment, and devices has essentially rendered the act of strict manual patient handling outdated and typically unnecessary as a function of nursing care. (5) A growing number of health care facilities that have incorporated patient handling technology and practices have reported positive results. Injuries among nursing staff and health care workers have dramatically declined at health care facilities implementing safe patient handling technology, equipment, devices, and practices. As a result, the number of lost work days due to injury and staff turnover has declined. Studies have also shown that assistive patient handling technology successfully reduces workers' compensation costs for musculoskeletal disorders. (6) A number of States have implemented safe patient handling, mobility and injury prevention standards. The success of these programs at the facility and State level demonstrates the technological and economical feasibility of such standards. (7) Establishing a safe patient handling, mobility, and injury prevention standard for direct-care registered nurses and other health care workers is a critical component reasonably necessary for protecting the health and safety of nurses and other health care workers, addressing the nursing shortage, and increasing patient safety. (c) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; findings; table of contents. Sec. 2. Safe patient handling, mobility, and injury prevention standard. Sec. 3. Application of safe patient handling, mobility, and injury prevention standard to facilities receiving Medicare and Medicaid funds. Sec. 4. Nonpreemption. Sec. 5. Definitions. SEC. 2. SAFE PATIENT HANDLING, MOBILITY, AND INJURY PREVENTION STANDARD. (a) Rulemaking.--Notwithstanding any other provision of law, not later than 1 year after the date of enactment of this Act, the Secretary of Labor shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655), promulgate an interim final standard on safe patient handling, mobility, and injury prevention (in this section such standard is referred to as the ``safe patient handling, mobility, and injury prevention standard'') to prevent musculoskeletal disorders for direct-care registered nurses and all other health care workers handling patients. The interim final standard shall remain in effect until it is replaced by a final safe patient handling, mobility, and injury prevention standard. (b) Requirements.--The safe patient handling, mobility, and injury prevention standard shall require the use of engineering and safety controls to perform handling of patients and to reduce the incidence of injuries from manual handling of patients by direct-care registered nurses and all other health care workers, through the development of a comprehensive program, to include the use of mechanical technology and devices to the greatest degree feasible. Where the use of mechanical technology and devices is not feasible, the standards shall require the use of alternative controls and measures to minimize the risk of injury to nurses and health care workers resulting from the manual handling of patients. The standard shall apply to all health care employers, shall generally align with interprofessional national safe patient handling, mobility, and injury prevention standards, and shall include the following: (1) Program development.--A requirement that each health care employer shall develop and implement a safe patient handling, mobility, and injury prevention program within 6 months of the date of promulgation of the interim final standard, which program shall include hazard identification, risk assessments, and control measures in relation to patient care duties and patient handling. (2) Technology and equipment purchase and management.--A requirement that, within 2 years of the date of issuance by the Secretary of an interim final standard, each health care employer shall purchase, use, maintain, and make accessible to health care workers, such safe patient handling equipment, technology, and accessories as the Secretary determines appropriate. (3) Health care worker participation.--A requirement that each health care employer shall obtain input from health care workers, to include direct care registered nurses, health care workers, their representatives, and their collective bargaining agents, in developing and implementing the safe patient handling, mobility, and injury prevention program, including training and education and the purchase of technology and equipment and necessary accessories. (4) Data tracking and review.--A requirement that each health care employer shall establish a review program to analyze data relevant to the implementation of the employers' safe patient handling, mobility, and injury prevention program, and shall account for circumstances where safe patient handling technology or equipment were not utilized in accordance with the health care employers' safe patient handling, mobility, and injury prevention standard. Each health care employer shall upon request, make available their findings and data used in such review, to health care workers, their representatives, their collective bargaining agents, and the Secretary or other Federal agency. Each health care employer shall maintain the data and findings from their review for at least 5 years (5) Incorporation of technology into facilities.--A requirement that each health care employer shall consider the feasibility of incorporating safe patient handling technology as part of process of new facility design and construction, or facility remodeling. (6) Education and training.--A requirement that each health care employer shall train health care workers on safe patient handling, mobility, and injury prevention policies, technology, equipment, and devices, initially, and on a continuing annual basis, and as necessary. Such training shall prepare health care workers, to identify, assess, and control musculoskeletal hazards of a general nature, and those specific to particular patient care areas, and shall be conducted by an individual with knowledge in the subject matter, and delivered, at least in part, in an interactive simulated point-of-care training and hands-on format that reflects the specific demands of a health care workers' duties. (7) Notice of safe patient handling and rights under this act.--A requirement that each health care employer shall post a uniform notice in a form specified by the Secretary that-- (A) explains the safe patient handling, mobility, and injury prevention standard; (B) includes information regarding safe patient handling, mobility, and injury prevention policies and training; (C) explains procedures to report patient handling- related injuries; and (D) explains health care workers' rights under this Act, including any whistleblower protections. (8) Annual evaluation.--A requirement that each health care employer shall conduct an annual written evaluation of the implementation of the safe patient handling, mobility, and injury prevention program, including handling procedures, selection of technology, equipment, and engineering controls, assessment of injuries, and new safe patient handling, mobility, and injury prevention technology and devices that have been developed. The evaluation shall be conducted with the involvement of nurses, other health care workers, their representatives, and their collective bargaining agents, and their input shall be documented in the evaluation. Health care employers shall take corrective action as recommended in the written evaluation. (9) Right to refuse unsafe assignment.--A requirement that each health care employer shall provide procedures under which a health care worker or employee may refuse to perform the employee's duties if the employee has a reasonable apprehension that performing such duties would violate the safe patient handling, mobility, and injury prevention standard, and would result in injury or impairment of health to the health care worker, other health care workers, or patients. Where practicable, the health care worker must have communicated the health or safety concern to the health care employer and have not been able to obtain a correction of the violation. (c) Inspections.--The Secretary of Labor shall conduct unscheduled inspections under section 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 657) to ensure implementation of and compliance with the safe patient handling, mobility, and injury prevention standard. SEC. 3. APPLICATION OF SAFE PATIENT HANDLING, MOBILITY, AND INJURY PREVENTION STANDARD TO FACILITIES RECEIVING MEDICARE AND MEDICAID FUNDS. (a) In General.--Section 1866 of the Social Security Act (42 U.S.C. 1395cc) is amended-- (1) in subsection (a)(1)(V), by inserting ``and safe patient handling, mobility, and injury prevention standard (as initially promulgated under section 2 of the Nurse and Health Care Worker Protection Act of 2015)'' before the period at the end; and (2) in subsection (b)(4)-- (A) in subparagraph (A), by inserting ``and the safe patient handling, mobility, and injury prevention standard'' after ``Bloodborne Pathogens standard''; and (B) in subparagraph (B), by inserting ``or the safe patient handling, mobility, and injury prevention standard'' after ``Bloodborne Pathogens standard''. (b) Effective Date.--The amendments made by subsection (a) shall apply to health care facilities 1 year after date of issuance of the final safe patient handling, mobility, and injury prevention standard required under section 2. SEC. 4. NONPREEMPTION. (a) Effect on Other Laws.--Nothing in this Act shall be construed to-- (1) preempt any law, rule, or regulation of a State or political subdivision of a State, unless such law, rule, or regulation is in conflict with this Act or a regulation or order issued under this Act; (2) impair or diminish in any way the authority of any State to enact and enforce any law which provides equivalent or greater protections for employees engaging in conduct protected under this Act; (3) curtail or limit in any way the right of people with disabilities under the Americans with Disabilities Act (42 12101 et seq.) or section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) to those reasonable modifications needed to receive equal access to health care, including the requirement that health care employees give priority consideration to the lifting, movement, or transfer needs and preferences of people with disabilities; or (4) curtail or limit in any way consideration as an expenditure to acquire or modify equipment for use by or to benefit individuals with disabilities that is specified in section 44 of the Internal Revenue Code of 1986, which is available to eligible small businesses. (b) Rights Retained by Health Care Workers.--Nothing in this Act shall be construed to diminish the rights, privileges, or remedies of any health care worker or employee under any Federal or State law, or under any collective bargaining agreement. SEC. 5. DEFINITIONS. For purposes of this Act: (1) Direct-care registered nurse.--The term ``direct-care registered nurse'' means an individual who has been granted a license by at least one State to practice as a registered nurse and who provides bedside care or outpatient services for one or more patients or residents. (2) Employee.--The term ``employee'' means any individual employed by a health care employer, to include health care workers, as well as employees who do not qualify as health care workers, including independent contractors. (3) Employment.--The term ``employment'' includes the provision of services under a contract or other arrangement. (4) Handling.--The term ``handling'' includes actions such as lifting, transferring, repositioning, mobilizing, moving, or any other action involving the physical movement, manipulation, or support of a patient by a health care worker, or any direct patient care action which presents a risk of musculoskeletal injury. (5) Health care employer.--The term ``health care employer'' means an outpatient health care facility, hospital, nursing home, home health care agency, social assistance facility or program, hospice, federally qualified health center, nurse managed health center, rural health clinic or rehabilitative center, or any similar health care facility that employs direct-care registered nurses or other health care workers. (6) Health care worker.--The term ``health care worker'' means an individual who has been assigned by a health care employer to engage in patient handling, including direct-care registered nurses, independent contractors, or individuals who perform the duties of health care workers.

Nurse and Health Care Worker Protection Act of 2015 This bill requires the Department of Labor to establish a standard on safe patient handling, mobility, and injury prevention to prevent musculoskeletal disorders for health care workers. The standard must require the use of engineering and safety controls to handle patients. The standard must require health care employers to: (1) develop and implement a safe patient handling, mobility, and injury prevention program; (2) train their workers on safe patient handling, mobility, and injury prevention; and (3) post a notice that explains the standard, procedures to report patient handling-related injuries, and workers' rights under this Act. Labor must conduct unscheduled inspections to ensure compliance with the standard. This bill amends title XVIII (Medicare) of the Social Security Act to apply the standard to hospitals receiving Medicare funds.

{"src": "billsum_train", "title": "Nurse and Health Care Worker Protection Act of 2015"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``African Development Foundation Act of 2007''. SEC. 2. RENAMING OF FOUNDATION. (a) Renaming.--Section 503(a) of the African Development Foundation Act (22 U.S.C. 290h-1(a)) is amended by striking ``African Development Foundation'' and inserting ``United States African Development Foundation''. (b) References.--Any reference in any law, regulation, map, document, paper, or other record of the United States to the African Development Foundation shall be considered to be a reference to the United States African Development Foundation. SEC. 3. FUNCTIONS OF THE FOUNDATION. (a) Entities Eligible To Receive Grants, Loans, and Loan Guarantees.--Paragraph (1) of subsection (a) of section 505 of such Act (22 U.S.C. 290h-3(a)(1)) is amended by inserting after ``other entity'' the following: ``(including small- and medium-sized enterprises)''. (b) Use of Grant and Loan Funds.--Subparagraph (A) of such paragraph (22 U.S.C. 290h-3(a)(1)(A)) is amended by striking ``local development institutions and the support of development efforts initiated by communities themselves'' and inserting ``local development institutions, including capital and technical assistance funds that promote the purposes of this title, and the support of development efforts initiated by communities themselves or their members''. (c) Increased Limitation on Funding of Individual Projects.-- Paragraph (2) of such subsection (22 U.S.C. 290h-3(a)(2)) is amended by striking ``$250,000.'' and inserting ``$400,000. This funding limitation may be exceeded only in exceptional circumstances and with the approval of the Board of Directors and notification to Congress. Approval of the Board of Directors and notification to Congress shall not be required in the case of an increase of less than $50,000 that is necessary to maintain the original value of an award in local currency.''. (d) Community Project Priorities.--Subsection (b) of such section (22 U.S.C. 290h-3(b)) is amended-- (1) in the first sentence, by striking ``making grants, loans, and loan guarantees'' and all that follows through ``development'' and inserting ``making awards under subsection (a), the Foundation shall give priority to projects which community groups and small- and medium-sized enterprises undertake to foster development at the community level''; and (2) in the second sentence, by striking ``make such grants, loans, and loan guarantees'' and inserting ``make awards''. (e) Authority To Make Awards to Non-African Entities.--Such section is further amended by adding at the end the following new subsection: ``(c) Authority To Make Awards to Non-African Entities.--Upon the approval of the Board of Directors and notification to Congress, the Foundation may make an award to a small- or medium-sized enterprise that is not wholly-owned and controlled by indigenous Africans if it meets the following requirements: ``(1) Ownership of the entity is predominantly vested in one or more individuals who are indigenous to Africa and who are representative and knowledgeable of, and have a history of responding to, the needs and aspirations of the poor. ``(2) Management and daily business operations of the entity are controlled by one or more individuals who are indigenous to and reside in Africa.''. (f) Authority To Provide Training and Other Technical Assistance.-- Such section, as amended by subsection (e), is further amended by adding at the end the following new subsection: ``(d) Authority To Provide Training and Other Technical Assistance.--The Foundation may provide training and other assistance to entities described in subsection (a) and to entities described in subsection (c), subject to the requirements of such subsection, in order to carry out the purposes specified in section 504.''. SEC. 4. POWERS OF FOUNDATION. Section 506(a) of such Act (22 U.S.C. 290h-4(a)) is amended-- (1) by redesignating paragraphs (9), (10), (11), and (12) as paragraphs (10), (12), (13), and (14), respectively; (2) by inserting after paragraph (8) the following new paragraph: ``(9) may make advance payments in an African country in accordance with lease or rental agreements for periods of time determined by law or custom;''; and (3) by inserting after paragraph (10), as redesignated by paragraph (2) of this section, the following new paragraph: ``(11) may maintain bank accounts outside the United States Treasury and retain any interest earned on such accounts in furtherance of the purposes of this Act;''. SEC. 5. MANAGEMENT OF FOUNDATION. (a) Reimbursement of Transportation Expenses.--Subsection (b) of section 507 of such Act (22 U.S.C. 290h-5(b)) is amended by inserting after ``transportation expenses'' the following: ``(in accordance with the Federal Travel Regulations (chapters 300 through 304 of title 41, Code of Federal Regulations))''. (b) Limited Authority To Make Appointments Without Regard to Certain Civil Service Laws.--Subsection (d) of such section (22 U.S.C. 290h-5(d)) is amended by adding at the end the following new paragraph: ``(3) Subject to the full time equivalent (FTE) ceiling of the Foundation, the president may, without regard to civil service laws governing appointments in the competitive service, provide time-limited appointments lasting up to 4 years to not more than 4 individuals. Individuals so appointed shall be subject to termination without regard to chapter 75 of title 5, United States Code.''. (c) Elimination of Requirement To Establish Advisory Council.-- Subsection (e) of such section is amended-- (1) in paragraph (1), by striking ``shall'' and inserting ``may''; and (2) in paragraph (2), by striking ``The Board'' and inserting ``If an advisory council is established under paragraph (1), the Board''.

African Development Foundation Act of 2007 - Amends the African Development Foundation Act to rename the African Development Foundation as the United States African Development Foundation. Increases individual project funding limits. Authorizes the Foundation to make awards to qualifying small- or medium-sized entities that are not wholly owned or controlled African entities. Authorizes (current law requires) the Foundation's Board of Directors to establish an advisory council.

{"src": "billsum_train", "title": "A bill to amend the African Development Foundation Act to change the name of the Foundation, modify the administrative authorities of the Foundation, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``College Cost Reduction Act of 2012''. SEC. 2. HIGHER EDUCATION REGULATORY REFORM TASK FORCE. (a) Task Force Established.--Not later than 6 months after the date of enactment of this Act, the Secretary of Education shall establish the Higher Education Regulatory Reform Task Force. (b) Membership.--The Higher Education Regulatory Reform Task Force shall include-- (1) the Secretary of Education or the Secretary's designee; (2) the head of each other Federal agency (or such head's designee) that the Secretary of Education determines to be relevant to the activities of the Higher Education Regulatory Reform Task Force; (3) a representative of the Advisory Committee on Student Financial Assistance established under section 491 of the Higher Education Act of 1965 (20 U.S.C. 1098); (4) representatives from the higher education community, including-- (A) institutions of higher education, with equal representation of public and private nonprofit institutions, and two-year and four-year institutions, and with not less than 25 percent of such representative institutions carrying out distance education programs; and (B) nonprofit organizations representing institutions of higher education; and (5) any other entity or individual the Secretary of Education determines appropriate. (c) Activities.-- (1) Report required.--Not later than one year after the date of enactment of this Act, the Secretary of Education shall submit to Congress and make available on a publicly available website a report (in this Act referred to as the ``Higher Education Regulatory Reform Report'') prepared by the Higher Education Regulatory Reform Task Force on Federal regulatory requirements for institutions of higher education. In prioritizing the review and consideration of such regulatory requirements for the purposes of the Higher Education Regulatory Reform Report, the Higher Education Regulatory Reform Task Force shall give highest priority to regulations related to-- (A) State authorization of distance education; (B) the Integrated Postsecondary Education Data System (IPEDS); (C) the Office of Management and Budget's A-21 Circular; (D) reporting under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act; (E) calculation of default rates under section 435(a) of the Higher Education Act of 1965; (F) gainful employment; (G) revenue requirements for institutions of higher education under section 487(a)(24) and (d) of the Higher Education Act of 1965; and (H) the Single Audit Act of 1984 and the Office of Management and Budget's A-133 Circular. (2) Contents of report.--The Higher Education Regulatory Reform Report shall contain the following with respect to regulatory requirements for institutions of higher education: (A) A list of rules that are determined to be outmoded, duplicative, ineffective, or excessively burdensome. (B) For each rule listed in accordance with subparagraph (A), an analysis of how the costs outweigh the benefits for such rule. (C) Recommendations to consolidate, modify, simplify, or repeal such rules to make such rules more effective or less burdensome. (D) A description of the justification for and impact of the recommendations described in subparagraph (C), as appropriate and available, including supporting data for such justifications and the financial impact of such recommendations on institutions of higher education of varying sizes and types. (E) Recommendations on the establishment of a permanent entity to review new regulatory requirements affecting institutions of higher education. (3) Notice and comment.--At least 60 days before submission of the Higher Education Regulatory Reform Report required under paragraph (1), the Secretary of Education shall publish the report in the Federal Register for public notice and comment. The Higher Education Regulatory Reform Task Force may modify the report in response to any comments received before submission of the report to Congress. (d) Definition of Institution of Higher Education.--For the purposes of this section, the term ``institution of higher education'' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). SEC. 3. EXPEDITED CONSIDERATION BY CONGRESS. (a) Presentation of Higher Education Regulatory Reform Report to Congress and Expedited Consideration.-- (1) In general.--The President shall propose, at the time and in the manner provided in paragraph (2), the carrying out of all or part of the recommendations contained in the Higher Education Regulatory Reform Report prepared by the Higher Education Regulatory Reform Task Force in accordance with section 2. (2) Transmittal of special message.-- (A) Message requirements.--Not later than 120 days after the submission of the Higher Education Regulatory Reform Report to Congress under section 2(c), the President shall transmit to Congress a special message to carry out all or part of the recommendations contained in such Report. The President shall include with that special message a bill that would carry out the recommendations. The President may not transmit more than one such special message each year. (B) Bill text.--The President shall include in the bill required under subparagraph (A), without amendment, the following text: ``SEC. 2. CONTROLLING RISING COLLEGE COSTS. ``(a) Controlling Rising College Costs.--Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate regulations that-- ``(1) require institutions of higher education to control annual tuition increases; and ``(2) establish penalties for institutions of higher education that do not comply with the regulations promulgated under paragraph (1), taking into account the affects of such penalties on various types of institutions and the specific circumstances of institutions that may result in such noncompliance, including failure of States to adhere to maintenance of effort requirements under section 137 of the Higher Education Act of 1965 (20 U.S.C. 1015f). ``(b) Inapplicability of Rulemaking Requirements.--Section 482(c) and section 492 of the Higher Education Act of 1965 (20 U.S.C. 1089(c); 1098a) shall not apply to the regulations required by this section. ``(c) Definitions.--For purposes of this section: ``(1) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ``(2) Annual tuition.--The term `tuition' means the average annual cost of tuition and fees for an institution of higher education for first-time, full-time undergraduate students enrolled in the institution.''. (3) Expedited consideration of president's higher education regulatory reform bill.-- (A) Higher education regulatory reform bill.-- Within 14 days after the President submits to Congress a bill under paragraph (2), the majority leader of the House of Representatives and the majority leader of the Senate shall each introduce such bill, by request. (B) Consideration in the house of representatives.-- (i) Referral and reporting.--Any committee of the House of Representatives to which such bill is referred shall report it to the House without amendment not later than the 14th legislative day after the date of its introduction. If a committee fails to report the bill within that period or the House has adopted a concurrent resolution providing for adjournment sine die at the end of a Congress, such committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar. (ii) Proceeding to consideration.--Not later than 21 legislative days after such bill is reported or a committee has been discharged from further consideration thereof, it shall be in order to move to proceed to consider such bill in the House. Such a motion shall be highly privileged and not debatable, and shall be in order only at a time designated by the Speaker in the legislative schedule within two legislative days after the day on which the proponent announces an intention to the House to offer the motion provided that such notice may not be given until such bill is reported or a committee has been discharged from further consideration thereof. Such a motion shall not be in order after the House has disposed of a motion to proceed with respect to that special message. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (iii) Consideration.--If the motion to proceed is agreed to, the House shall immediately proceed to consider such bill in the House without intervening motion. Such bill shall be considered as read. All points of order against the bill and against its consideration are waived. The previous question shall be considered as ordered on the bill to its passage without intervening motion except 4 hours of debate equally divided and controlled by the proponent and an opponent and one motion to limit debate on the bill. A motion to reconsider the vote on passage of the bill shall not be in order. (C) Consideration in the senate.-- (i) Committee action.--The appropriate committee of the Senate shall report without amendment the bill referred to in subparagraph (A) not later than the seventh session day after introduction. If a committee fails to report the bill within that period or the Senate has adopted a concurrent resolution providing for adjournment sine die at the end of a Congress, the Committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar. (ii) Motion to proceed.--Not later than 3 session days after the bill is reported in the Senate or the committee has been discharged thereof, it shall be in order for any Senator to move to proceed to consider the bill in the Senate. The motion shall be decided without debate and the motion to reconsider shall be deemed to have been laid on the table. Such a motion shall not be in order after the Senate has disposed of a prior motion to proceed with respect to the draft bill. (iii) Consideration.--If a motion to proceed to the consideration of the draft bill is agreed to, the Senate shall immediately proceed to consideration of the draft bill without intervening motion, order, or other business, and the draft bill shall remain the unfinished business of the Senate until disposed of. Consideration on the bill in the Senate under this subsection, and all debatable motions and appeals in connection therewith, shall not exceed 10 hours equally divided in the usual form. All points of order against the draft bill or its consideration are waived. Consideration in the Senate on any debatable motion or appeal in connection with the draft bill shall be limited to not more than 10 hours. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the draft bill is not in order. A motion to reconsider the vote by which the draft bill is agreed to or disagreed to is not in order. (D) Amendments prohibited.--No amendment to, or motion to strike a provision from, the draft bill considered under this section shall be in order in either the House of Representatives or the Senate. (E) Coordination with action by other house.--If, before passing the bill, one House receives from the other a bill-- (i) the bill of the other House shall not be referred to a committee; and (ii) the procedure in the receiving House shall be the same as if no bill had been received from the other House until the vote on passage, when the bill received from the other House shall supplant the bill of the receiving House. (F) Limitation.--This paragraph shall apply only to the bill referred to in subparagraph (A), introduced pursuant to such subparagraph. (b) Definition.--For purposes of this section, continuity of a session of either House of Congress shall be considered as broken only by an adjournment of that House sine die, and the days on which that House is not in session because of an adjournment of more than 3 days to a date certain shall be excluded in the computation of any period.

College Cost Reduction Act of 2012 - Directs the Secretary of Education to establish the Higher Education Regulatory Reform Task Force to prepare a report, that is to be submitted to Congress and made available on a publicly accessible website, on federal regulatory requirements for institutions of higher education (IHEs). Requires the report to contain: (1) a list of rules that are determined to be outmoded, duplicative, ineffective, or excessively burdensome; (2) an analysis of how the costs of such rules outweigh their benefits; (3) recommendations to consolidate, modify, simplify, or repeal such rules and a description of the justification for and impact of such recommendations; and (4) recommendations on establishing a permanent entity to review new regulatory requirements affecting IHEs. Requires the President to submit to Congress a legislative proposal for carrying out some or all of the recommendations contained in the report. Includes, as part of that proposal, a requirement that the Secretary promulgate regulations requiring IHEs to control annual tuition increases and penalizing noncompliant schools. Establishes congressional procedures to expedite consideration of the President's proposal.

{"src": "billsum_train", "title": "To establish the Higher Education Regulatory Reform Task Force, to establish procedures for the presentation and expedited consideration by Congress of the recommendations of the Higher Education Regulatory Reform Task Force, to establish requirements for college cost reduction, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Corporate Governance Reform Act of 2009''. SEC. 2. INDEPENDENCE OF CHAIRMAN OF THE BOARD. The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by inserting after section 10A the following new section: ``SEC. 10B. INDEPENDENCE OF CHAIRMAN OF THE BOARD. ``(a) Independence Requirement.--The chairman of the board of directors of an issuer shall be independent. ``(b) Prohibition on Service as Executive Officer.--An individual may not serve as an executive officer of an issuer while serving as the chairman of the board of directors of such issuer.''. SEC. 3. RISK MANAGEMENT COMMITTEE. (a) In General.--The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), as amended, is further amended by inserting after section 10B the following new section: ``SEC. 10C. RISK MANAGEMENT. ``(a) Risk Management Committee.-- ``(1) Independence required.--Each member of the risk management committee of an issuer shall be independent. ``(2) Duties.--The risk management committee of an issuer shall periodically review the risk management policies of the issuer. ``(b) Chief Risk Officer.--Each issuer shall have a chief risk officer who shall-- ``(1) establish, evaluate, and enforce the risk management policies and procedures of the issuer; and ``(2) report directly to the risk management committee.''. (b) Definition.--Section 3(a) of the Securities Exchange Act (15 U.S.C. 78c(a)) is amended by adding at the end the following: ``(65) Risk management committee.--The term `risk management committee' means-- ``(A) a committee (or equivalent body) established by and amongst the board of directors of an issuer for the purpose of overseeing the risk management policies and procedures of the issuer; and ``(B) if no such committee exists with respect to an issuer, the entire board of directors of the issuer.''. SEC. 4. COMPENSATION COMMITTEE. (a) In General.--The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), as amended, is further amended by inserting after section 10C the following new section: ``SEC. 10D. COMPENSATION COMMITTEE. ``(a) Independence Required.--Each member of the compensation committee of an issuer shall be independent. ``(b) Duties.--The compensation committee of an issuer shall periodically review all compensation practices and structures of the issuer.''. (b) Definition.--Section 3(a) of the Securities Exchange Act (15 U.S.C. 78c(a)), as amended, is further amended by adding at the end the following: ``(66) Compensation committee.--The term `compensation committee' means-- ``(A) a committee (or equivalent body) established by and amongst the board of directors of an issuer for the purpose of overseeing and reviewing the compensation provided by the issuer to the executives and employees of the issuer; and ``(B) if no such committee exists with respect to an issuer, the entire board of directors of the issuer.''. SEC. 5. SHAREHOLDER VOTE ON EXECUTIVE COMPENSATION. The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by inserting after section 14 the following new section: ``SEC. 14A. ANNUAL SHAREHOLDER APPROVAL OF EXECUTIVE COMPENSATION. ``(a) Separate Resolution Required.--Any proxy or consent or authorization for an annual or other meeting for which the proxy solicitation rules of the Commission require compensation disclosure of the shareholders occurring after the end of the 1-year period beginning on the date of enactment of this subsection, shall include a separate resolution subject to shareholder vote to approve the compensation of executives as disclosed pursuant to the compensation disclosure rules of the Commission (which disclosure shall include the compensation discussion and analysis, the compensation tables, and any related material). ``(b) Rule of Construction.--The shareholder vote referred to in subsection (a) shall not be binding on the board of directors and shall not be construed-- ``(1) as overruling a decision by such board; ``(2) to create or imply any change to the current fiduciary duties of such board; ``(3) to create or imply any additional fiduciary duty by such board; or ``(4) to restrict or limit the ability of shareholders to make proposals for inclusion in such proxy materials related to executive compensation.''. SEC. 6. STUDY ON DIRECTOR CERTIFICATION. (a) Study Required.--The Securities and Exchange Commission shall carry out a study on the feasibility of requiring, and the logistics of implementing, a certification process under which an individual seeking to become a member of the board of directors of an issuer would have to first be certified by the Securities and Exchange Commission as having the experience and expertise necessary to carry out the functions of a member of the board of directors of such issuer. (b) Report.--Not later than the end of the 1-year period beginning on the date of the enactment of this Act, the Securities and Exchange Commission shall submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate containing the conclusions of the study required under subsection (a). SEC. 7. REGULATIONS AND PROHIBITION ON LISTING FOR NON-COMPLIANCE. Not later than the end of the 6-month period beginning on the date of the enactment of this Act, the Securities and Exchange Commission shall-- (1) issue regulations to carry out the amendments made by this Act; and (2) by rule, direct the national securities exchanges and national securities associations to prohibit the listing of any security of an issuer that is not in compliance with the requirements of any portion of sections 10B, 10C, or 10D of the Securities Exchange Act of 1934. SEC. 8. EFFECTIVE DATE. The amendments made by this Act shall take effect with respect to issuers after the end of the 1-year period beginning on the date of the enactment of this Act.

Corporate Governance Reform Act of 2009 - Amends the Securities Exchange Act of 1934 to: (1) require the chairman of the board of directors of an issuer of securities to be independent; (2) prohibit simultaneous service as an executive officer and chairman of the board; (3) require each member of the risk management committee of an issuer to be independent; (4) require such risk management committee to review periodically the issuer's risk management policies; and (5) require each issuer to have a chief risk officer to establish, evaluate, and enforce risk management, and report directly to the risk management committee. Requires: (1) each member of the compensation committee of an issuer to be independent; and (2) the compensation committee to review periodically all compensation practices and structures. Requires any proxy, consent, or authorization for a shareholder meeting to include a separate resolution subject to shareholder approval on the compensation of executives, including compensation discussion, analysis, and compensation tables. Directs the Securities and Exchange Commission (SEC) to study and report to certain congressional committees on the feasibility of requiring SEC certification of an individual as qualified to perform the functions of a member of the board of directors of an issuer.

{"src": "billsum_train", "title": "To amend the Securities Exchange Act of 1934 to add requirements for board of directors committees regarding risk management and compensation policies, to require non-binding shareholder votes on executive compensation, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Insurance Regulation Preservation Act''. SEC. 2. SUPERVISION OF INSURANCE SAVINGS AND LOAN HOLDING COMPANIES. (a) Definitions.--Section 10(a)(1) of the Home Owners' Loan Act (12 U.S.C. 1467a(a)(1)) is amended by inserting at the end the following: ``(K) Domicile.--The term `domicile' means the State in which an insurance underwriting company or the holding company for such company is incorporated, chartered, or organized. ``(L) Business of insurance.--The term `business of insurance' means any activity that is regulated in accordance with the relevant State insurance laws and regulations, including the writing of insurance and the reinsuring of risks. ``(M) Insurance savings and loan holding company.-- The term `insurance savings and loan holding company' means-- ``(i) a savings and loan holding company with 75 percent or more of its total consolidated assets in an insurance underwriting company (or insurance underwriting companies), other than assets associated with insurance for credit risk, during the 4 most recent consecutive quarters, as calculated in accordance with Generally Accepted Accounting Principles or the Statutory Accounting Principles in accordance with State law; ``(ii) a company that-- ``(I) was a savings and loan holding company as of July 21, 2010, and through date of enactment of this clause; and ``(II) was not subject to the Basel III capital regulation promulgated by the Board of Governors of the Federal Reserve System and the Comptroller of the Currency on October 11, 2013 (78 Fed. Reg. 62018), because the savings and loan holding company held 25 percent or more of its total consolidated assets in subsidiaries that are insurance underwriting companies (other than assets associated with insurance for credit risk); or ``(iii) a top-tier savings and loan holding company that-- ``(I) was registered as a savings and loan holding company before July 21, 2010; and ``(II) is a New York not-for-profit corporation formed for the purpose of holding the stock of a New York insurance company. ``(N) Insurance underwriting company.--The term `insurance underwriting company' means an insurer that is subject to regulation by a State insurance authority of the insurer's domicile. ``(O) State insurance authority.--The term `State insurance authority' means the State insurance authority of the State in which an insurance underwriting company or holding company for such company is domiciled. ``(P) Top-tier savings and loan holding company.-- The term `top-tier savings and loan holding company' means the ultimate parent company in a savings and loan holding company structure.''. (b) Registration.--Section 10(b)(1) of the Home Owners' Loan Act (12 U.S.C. 1467a(b)(1)) is amended by inserting at the end the following new sentence: ``A savings and loan holding company that is an insurance savings and loan holding company shall register as an insurance savings and loan holding company.''. (c) Reports.--Section 10(b)(2) of the Home Owners' Loan Act (12 U.S.C. 1467a(b)(2)) is amended by adding at the end the following new subparagraph: ``(D) Insurance savings and loan holding companies.--The Board, to the fullest extent possible, shall request reports and other information filed by insurance savings and loan holding companies and any insurance underwriting company that is a subsidiary of such company with other Federal authorities and the State insurance authority for such company before requesting such reports or information from the insurance savings and loan holding company or any insurance underwriting company that is a subsidiary of such company. ``(E) Rule of construction.--Nothing in this section may be construed as prohibiting the Board from requesting reports and other information that is not otherwise collected and shared with other Federal or State authorities.''. (d) Books and Records.--Section 10(b)(3) of the Home Owners' Loan Act (12 U.S.C. 1467a(b)(3)) is amended-- (1) by striking ``Each'' and inserting the following: ``(A) In general.--Each''; and (2) by inserting at the end the following new subparagraph: ``(B) Insurance savings and loan holding companies.--The Board, to the fullest extent possible, shall align any prescribed recordkeeping requirements for an insurance savings and loan holding company with the recordkeeping requirements imposed by the State insurance authority of such company and any insurance underwriting company that is a subsidiary of such company.''. (e) Examinations.--Section 10(b)(4)(C) of the Home Owners' Loan Act (12 U.S.C. 1467a(b)(4)(C)) is amended-- (1) in clause (i), by striking the word ``and'' at the end; (2) in clause (ii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new clause: ``(iii) Insurance savings and loan holding companies.-- ``(I) Coordination.--The Board, to the fullest extent possible, shall coordinate examinations of an insurance savings and loan holding company in conjunction with the State insurance authority of such company and any insurance underwriting company that is a subsidiary of such company and other State and Federal authorities in order to minimize the potential for duplication and conflict between the examinations conducted by the Board and the examinations conducted by other State and Federal authorities. ``(II) Scope and frequency.-- Following public notice and comment, the Board shall establish a schedule for the frequency and the scope of examinations of insurance savings and loan holding companies that is consistent with the supervisory framework required by paragraph (7).''. (f) Supervision.--Section 10(b) of the Home Owners' Loan Act (12 U.S.C. 1467a(b)) is amended by inserting at the end the following new paragraph: ``(7) Insurance savings and loan holding companies.-- ``(A) Tailored supervision.--The Board, by rule, shall establish a supervisory framework for insurance savings and loan holding companies that-- ``(i) is tailored to the unique risks, operations, and activities of insurance savings and loan holding companies; and ``(ii) to the fullest extent possible, and consistent with the safe and sound operation of insurance savings and loan holding companies, does not unnecessarily duplicate the supervision of insurance underwriting companies by the State insurance authorities for such companies or insurance underwriting companies that are subsidiaries of such companies. ``(B) Review of supervisory guidance.--Following public notice and comment, the Board shall review and revise supervisory policy letters and guidance applicable to insurance savings and loan holding companies to ensure that such letters and guidance are not inconsistent with the supervisory framework required by this paragraph.''. SEC. 3. ASSESSMENTS AND FEES FOR INSURANCE SAVINGS AND LOAN HOLDING COMPANIES. Section 11(s) of the Federal Reserve Act (12 U.S.C. 248(s)), which relates to assessments and fees, is amended by inserting at the end the following new paragraph: ``(4) Excluded assets.--For purposes of paragraph (2)(B), the total consolidated assets of an insurance savings and loan holding company, as defined in section 10(a)(1)(L) of the Home Owners' Loan Act (12 U.S.C. 1467a(a)(1)(L)), shall not include assets attributable to the business of insurance conducted by such company or any affiliate of such company, other than assets associated with insurance for credit risk.''. SEC. 4. IMPLEMENTATION. (a) Implementation of Supervisory Framework.--The Board shall establish the supervisory framework required by section 10(b)(7) of the Home Owners' Loan Act (12 U.S.C. 1467a(b)(7)), as added by this Act, within 24 months of the date of enactment of this Act. (b) Review of Supervisory Guidance.--The Board shall complete the review of supervisory policy letters and policy guidance required by section 10(b)(7) of the Home Owners' Loan Act (12 U.S.C. 1467a(b)(7)), as added by this Act, within 30 months of the date of enactment of this Act. (c) Report to Congress.--The Board, no later than 36 months after the date of enactment of this Act, shall submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on the implementation of this Act. (d) Board Defined.--As used in this section, the term ``Board'' means the Board of Governors of the Federal Reserve System. SEC. 5. RELATIONSHIP TO OTHER LAWS. This Act and the amendments made by this Act shall not limit any authority over insurance savings and loan holding companies (as defined under section 10(a)(1) of the Home Owners' Loan Act) that is provided by a Federal law other than the Home Owners' Loan Act. SEC. 6. RULEMAKING AUTHORITY. The Board may issue regulations and orders as may be necessary to-- (1) administer and carry out this Act and the amendments made by this Act; and (2) prevent evasions of this Act and the amendments made by this Act. SEC. 7. RULE OF CONSTRUCTION. Nothing in this Act or the amendments made by this Act may be construed to affect the authority of the Board of Governors of the Federal Reserve System over any subsidiary of an insurance savings and loan holding company that is not an insurance underwriting company (as such terms are defined, respectively, under section 10(a)(1) of the Home Owners' Loan Act). Passed the House of Representatives September 12, 2018. Attest: KAREN L. HAAS, Clerk.

State Insurance Regulation Preservation Act This bill amends the Home Owners' Loan Act to limit the applicability of reporting and filing requirements for insurance savings and loan holding companies (ISLHCs). Such holding companies shall also be exempt from requirements relating to examination and supervision by the Federal Reserve Board (FRB) if they meet certain state and federal capital requirements. Certain FRB regulations as applied to ISLHCs must be tailored to the insurance business and applicable state insurance requirements.

{"src": "billsum_train", "title": "State Insurance Regulation Preservation Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigrants to New Americans Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) In 1997, there were an estimated 25,800,000 foreign- born individuals residing in the United States. That number is the largest number of such foreign-born individuals in United States history and represents a 6,000,000, or 30 percent, increase over the 1990 census figure of 19,800,000 of such foreign-born individuals. The Bureau of the Census estimates that the recently arrived immigrant population (including the refugee population) currently residing in the Nation will account for 75 percent of the population growth in the United States over the next 50 years. (2) For millions of immigrants settling into the Nation's hamlets, towns, and cities, the dream of ``life, liberty, and the pursuit of happiness'' has become a reality. The wave of immigrants, of various nationalities, who have chosen the United States as their home, has positively influenced the Nation's image and relationship with other nations. The diverse cultural heritage of the Nation's immigrants has helped define the Nation's culture, customs, economy, and communities. By better understanding the people who have immigrated to the Nation, individuals in the United States better understand what it means to be an American. (3) There is a critical shortage of teachers with the skills needed to educate immigrant students and their families in nonconcentrated, nontraditional, immigrant communities as well as communities with large immigrant populations. The large influx of immigrant families over the last decade presents a national dilemma: The number of such families with school-age children requiring assistance to successfully participate in elementary schools, secondary schools, and communities in the United States, is increasing without a corresponding increase in the number of teachers with skills to accommodate their needs. (4) Immigrants arriving in communities across the Nation generally settle into high-poverty areas, where funding for programs to provide immigrant students and their families with the services the students and families need to successfully participate in elementary schools, secondary schools, and communities in the United States is inadequate. (5) The influx of immigrant families settling into many United States communities is often the result of concerted efforts by local employers who value immigrant labor. Those employers realize that helping immigrants to become productive, prosperous members of a community is beneficial for the local businesses involved, the immigrants, and the community. Further, local businesses benefit from the presence of the immigrant families because the families present businesses with a committed and effective workforce and help open up new market opportunities. However, many of the communities into which the immigrants have settled need assistance in order to give immigrant students and their families the services the students and families need to successfully participate in elementary schools, secondary schools, and communities in the United States. SEC. 3. PURPOSE. The purpose of this Act is to establish a grant program, within the Department of Education, that provides funding to partnerships of local educational agencies and community-based organizations for the development of model programs to provide immigrant students and their families with the services the students and families need to successfully participate in elementary schools, secondary schools, and communities in the United States. SEC. 4. DEFINITIONS. (1) Immigrant.--In this Act, the term ``immigrant'' has the meaning given the term in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). (2) Other terms.--Other terms used in this Act have the meanings given the terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). SEC. 5. PROGRAM AUTHORIZED. (a) In General.--The Secretary of Education may award not more than 10 grants in a fiscal year to eligible partnerships for the design and implementation of model programs to-- (1) assist immigrant students achieve in elementary schools and secondary schools in the United States by offering such educational services as English as a second language classes, literacy programs, programs for introduction to the education system, and civics education; and (2) assist parents of immigrant students by offering such services as parent education and literacy development services and by coordinating activities with other entities to provide comprehensive community social services such as health care, job training, child care, and transportation services. (b) Eligible Partnerships.--To be eligible to receive a grant under this Act, a partnership-- (1) shall include-- (A) at least 1 local educational agency; and (B) at least 1 community-based organization; and (2) may include another entity such as-- (A) an institution of higher education; (B) a local or State government agency; (C) a private sector entity; or (D) another entity with expertise in working with immigrants. (c) Duration.--Each grant awarded under this Act shall be awarded for a period of not more than 5 years. A partnership may use funds made available through the grant for not more than 1 year for planning and program design. SEC. 6. APPLICATIONS FOR GRANTS. (a) In General.--Each eligible partnership desiring a grant under this Act shall submit an application to the Secretary at such time and in such manner as the Secretary may require. (b) Required Documentation.--Each application submitted by a partnership under this section for a proposed program shall include documentation that-- (1) the partnership has the qualified personnel required to develop, administer, and implement the proposed program; and (2) the leadership of each participating school has been involved in the development and planning of the program in the school. (c) Other Application Contents.--Each application submitted by a partnership under this section for a proposed program shall include-- (1) a list of the organizations entering into the partnership; (2) a description of the need for the proposed program, including data on the number of immigrant students, and the number of such students with limited English proficiency in the schools or school districts to be served through the program and the characteristics of the students described in this paragraph, including-- (A) the native languages of the students to be served; (B) the proficiency of the students in English and the students' native languages; (C) achievement data for the students in-- (i) reading or language arts (in English and in the students' native languages, if applicable); and (ii) mathematics; and (D) the previous schooling experiences of the students; (3) a description of the goals of the program; (4) a description of how the funds made available through the grant will be used to supplement the basic services provided to the immigrant students to be served; (5) a description of activities that will be pursued by the partnership through the program, including a description of-- (A) how parents, students, and other members of the community, including members of private organizations and nonprofit organizations, will be involved in the design and implementation of the program; (B) how the activities will further the academic achievement of immigrant students served through the program; (C) methods of teacher training and parent education that will be used or developed through the program, including the dissemination of information to immigrant parents, that is easily understandable in the language of the parents, about educational programs and the rights of the parents to participate in educational decisions involving their children; and (D) methods of coordinating comprehensive community social services to assist immigrant families; (6) a description of how the partnership will evaluate the progress of the partnership in achieving the goals of the program; (7) a description of how the local educational agency will disseminate information on model programs, materials, and other information developed under this Act that the local educational agency determines to be appropriate for use by other local educational agencies in establishing similar programs to facilitate the educational achievement of immigrant students; (8) an assurance that the partnership will annually provide to the Secretary such information as may be required to determine the effectiveness of the program; and (9) any other information that the Secretary may require. SEC. 7. SELECTION OF GRANTEES. (a) Criteria.--The Secretary, through a peer review process, shall select partnerships to receive grants under this Act on the basis of the quality of the programs proposed in the applications submitted under section 6, taking into consideration such factors as-- (1) the extent to which the program proposed in such an application effectively addresses differences in language, culture, and customs; (2) the quality of the activities proposed by a partnership; (3) the extent of parental, student, and community involvement; (4) the extent to which the partnership will ensure the coordination of comprehensive community social services with the program; (5) the quality of the plan for measuring and assessing success; and (6) the likelihood that the goals of the program will be achieved. (b) Geographic Distribution of Programs.--The Secretary shall approve applications under this Act in a manner that ensures, to the extent practicable, that programs assisted under this Act serve different areas of the Nation, including urban, suburban, and rural areas, with special attention to areas that are experiencing an influx of immigrant groups (including refugee groups), and that have limited prior experience in serving the immigrant community. SEC. 8. EVALUATION AND PROGRAM DEVELOPMENT. (a) Requirement.--Each partnership receiving a grant under this Act shall-- (1) conduct a comprehensive evaluation of the program assisted under this Act, including an evaluation of the impact of the program on students, teachers, administrators, parents, and others; and (2) prepare and submit to the Secretary a report containing the results of the evaluation. (b) Evaluation Report Components.--Each evaluation report submitted under this section for a program shall include-- (1) data on the partnership's progress in achieving the goals of the program; (2) data showing the extent to which all students served by the program are meeting the State's student performance standards, including-- (A) data comparing the students served under this Act with other students, with regard to grade retention and academic achievement in reading and language arts, in English and in the native languages of the students if the program develops native language proficiency, and in mathematics; and (B) a description of how the activities carried out through the program are coordinated and integrated with the overall school program of the school in which the program described in this Act is carried out, and with other Federal, State, or local programs serving limited English proficient students; (3) data showing the extent to which families served by the program have been afforded access to comprehensive community social services; and (4) such other information as the Secretary may require. SEC. 9. ADMINISTRATIVE FUNDS. A partnership that receives a grant under this Act may use not more than 5 percent of the grant funds received under this Act for administrative purposes. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $10,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 4 succeeding fiscal years.

Immigrants to New Americans Act - Authorizes the Secretary of Education to award up to ten grants per fiscal year to local education agency and community organization based partnerships to implement model educational programs to assist immigrant students and their parents.

{"src": "billsum_train", "title": "A bill to ensure that immigrant students and their families receive the services the students and families need to successfully participate in elementary schools, secondary schools, and communities in the United States, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equitable Treatment of Investors Act''. SEC. 2. SECURITIES INVESTOR PROTECTION ACT OF 1970 AMENDMENTS. (a) Net Equity Based on Last Statement.--Section 16(11) of the Securities Investor Protection Act of 1970 (15 U.S.C. 78lll(11)) is amended to read as follows: ``(11) Net equity.-- ``(A) In general.--The term `net equity' means the dollar amount of the account or accounts of a customer, to be determined by-- ``(i) calculating the sum which would have been owed by the debtor to such customer if the debtor had liquidated, by sale or purchase on the filing date-- ``(I) all securities positions of such customer (other than customer name securities reclaimed by such customer); and ``(II) all positions in futures contracts and options on futures contracts held in a portfolio margining account carried as a securities account pursuant to a portfolio margining program approved by the Commission, including all property collateralizing such positions, to the extent that such property is not otherwise included herein; minus ``(ii) any indebtedness of such customer to the debtor on the filing date; plus ``(iii) any payment by such customer of such indebtedness to the debtor which is made with the approval of the trustee and within such period as the trustee may determine (but in no event more than sixty days after the publication of notice under section 8(a)). ``(B) Treatment of certain commodity futures contracts.--A claim for a commodity futures contract received, acquired, or held in a portfolio margining account pursuant to a portfolio margining program approved by the Commission or a claim for a security futures contract, shall be deemed to be a claim with respect to such contract as of the filing date, and such claim shall be treated as a claim for cash. ``(C) Treatment of accounts held by a customer in separate capacities.--In determining net equity under this paragraph, accounts held by a customer in separate capacities shall be deemed to be accounts of separate customers. ``(D) Reliance on final customer statement.-- ``(i) In general.--In determining net equity under this paragraph, the positions, options, and contracts of a customer held by the debtor, and any indebtedness of the customer to the debtor, shall be determined based on-- ``(I) the information contained in the last statement received by the customer from the debtor before the filing date; and ``(II) any additional specific confirmations of the customer's positions, options, contracts, or indebtedness received after such last statement but before the filing date. ``(ii) Fraud exception.--The provisions of this subparagraph shall not apply to any customer that-- ``(I) knew the debtor was involved in fraudulent activity with respect to any customer of the debtor; or ``(II) was a person that-- ``(aa) was, or was required to be, registered with the Securities and Exchange Commission under the securities laws (as such term is defined under section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))); ``(bb) knew, or should have known, that the debtor was involved in fraudulent activity with respect to any customer of the debtor; and ``(cc) did not notify SIPC, the Commission, or law enforcement personnel that the debtor was involved in such fraudulent activity.''. (b) Prohibition on Certain Recoveries.--Section 8 of the Securities Investor Protection Act of 1970 (15 U.S.C. 78fff-2) is amended by adding at the end the following new subsection: ``(g) Prohibition on Certain Recoveries.--Notwithstanding any other provision of this Act, a trustee may not recover any property transferred by the debtor to a customer before the filing date unless, at the time of such transfer, such customer-- ``(1) knew the debtor was involved in fraudulent activity with respect to any customer of the debtor; or ``(2) was a person that-- ``(A) was, or was required to be, registered with the Securities and Exchange Commission under the securities laws (as such term is defined under section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))); ``(B) knew, or should have known, that the debtor was involved in fraudulent activity with respect to any customer of the debtor; and ``(C) did not notify SIPC, the Commission, or law enforcement personnel that the debtor was involved in such fraudulent activity.''. (c) Appointment of Trustees.-- (1) In general.--Section 5(b)(3) of the Securities Investor Protection Act of 1970 (15 U.S.C. 78eee(b)(3)) is amended to read as follows: ``(3) Appointment of trustee and attorney.-- ``(A) In general.--If the court issues a protective decree under paragraph (1), such court shall forthwith appoint, as trustee for the liquidation of the business of the debtor and as attorney for the trustee, such persons as the court determines best fit to serve as trustee and as attorney from among the persons selected by the Commission pursuant to subparagraph (B). The persons appointed as trustee and as attorney for the trustee may be associated with the same firm. ``(B) Commission candidates.--With respect to a debtor and upon the court issuing a protective decree under paragraph (1), the Commission shall forthwith provide the court with a list of candidates for the position of trustee and attorney for the trustee for such debtor. ``(C) Disinterest requirement.--No person may be appointed to serve as trustee or attorney for the trustee if such person is not disinterested within the meaning of paragraph (6), except that for any specified purpose other than to represent a trustee in conducting a liquidation proceeding, the trustee may, with the approval of SIPC and the court, employ an attorney who is not disinterested. ``(D) Qualification.--A trustee appointed under this paragraph shall qualify by filing a bond in the manner prescribed by section 322 of title 11, United States Code.''. (2) Effective date.--The amendment made by paragraph (1) shall take effect with respect to trustees and attorneys appointed after the date of the enactment of this Act. SEC. 3. EFFECTIVE DATE. Except as provided under section 2(c)(2), the amendments made by section 2 shall take effect with respect to a liquidation proceeding under the Securities Investor Protection Act of 1970 that-- (1) was in progress on the date of the enactment of this Act; or (2) is initiated after the date of the enactment of this Act.

Equitable Treatment of Investors Act - Amends the Securities Investor Protection Act of 1970 to revise the definition of "net equity." Declares also that, in determining net equity, the positions, options, and contracts of a customer held by the debtor, and any indebtedness of the customer to the debtor, shall be determined based on: (1) the information contained in the last statement received by the customer from the debtor before the filing date; and (2) any additional specific confirmations of the customer's positions, options, contracts, or indebtedness received after such last statement but before the filing date. Prohibits reliance on the final statement of the debtor to customer, however, if the customer: (1) knew the debtor was involved in fraudulent activity with respect to any of its customers; or (2) as a registrant under the securities laws, or a person required to be so registered, knew, or should have known, that the debtor was involved in such a fraudulent activity and did not notify the Securities Investor Protection Corporation (SIPC), the Securities Exchange Commission (SEC), or law enforcement personnel that the debtor was so involved. Prohibits a trustee in a liquidation proceeding from recovering any property transferred by the debtor to a customer before the filing date unless, at the time of such transfer, the customer meets the same critieria. Transfers from SIPC to the SEC authority to nominate to a court persons for appointment as trustee for the liquidation of a debtor's business and as attorney for the trustee.

{"src": "billsum_train", "title": "To amend the Securities Investor Protection Act of 1970 to determine a customer's net equity based on the customer's last statement, to prohibit certain recoveries, to change how trustees are appointed, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Elizabeth Cady Stanton Pregnant and Parenting Student Services Act of 2005''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) pregnant college students should not have to make a choice between keeping their baby and staying in school; (2) the pilot program under this Act will help interested, eligible institutions of higher education establish pregnancy and parenting student services offices that will operate independent of Federal funding no later than 5 years after the date of the enactment of this Act; and (3) amounts appropriated to carry out other Federal programs should be reduced to offset the costs of this Act. SEC. 3. DEFINITIONS. In this Act: (1) Eligible institution of higher education.--The term ``eligible institution of higher education'' means an institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that has established and operates, or agrees to establish and operate upon the receipt of a grant under this Act, a pregnant and parenting student services office described in section 7. (2) Parent; parenting.--The terms ``parent'' and ``parenting'' refer to a parent or legal guardian of a minor. (3) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 4. PREGNANT AND PARENTING STUDENT SERVICES PILOT PROGRAM. From amounts appropriated under section 9 for a fiscal year, the Secretary shall establish a pilot program to award grants to eligible institutions of higher education to enable the eligible institutions to establish (or maintain) and operate pregnant and parenting student services offices in accordance with section 7. SEC. 5. APPLICATION; NUMBER OF GRANTS. (a) Application.--An eligible institution of higher education that desires to receive a grant under this Act shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require (b) Requests for Additional Information.--The Secretary may require an eligible institution submitting an application under subsection (a) to provide additional information if the Secretary determines such information is necessary to process the application. (c) Number of Grants.--Subject to the availability of appropriations under section 9, the Secretary shall award grants under this Act to no more than 200 eligible institutions. SEC. 6. MATCHING REQUIREMENT. An eligible institution of higher education that receives a grant under this Act shall contribute to the conduct of the pregnant and parenting student services office supported by the grant an amount from non-Federal funds equal to the amount of the grant. The non-Federal share may be in cash or in kind, fairly evaluated, including services, facilities, supplies, or equipment. SEC. 7. USE OF FUNDS. (a) In General.--An eligible institution of higher education that receives a grant under this Act shall use grant funds to establish (or maintain) and operate a pregnant and parenting student services office, located on the campus of the eligible institution, that carries out the following programs and activities: (1) Hosts an initial pregnancy and parenting resource forum-- (A) to assess pregnancy and parenting resources, located on the campus or within the local community, that are available to meet the needs described in paragraph (2); and (B) to set goals for-- (i) improving such resources for pregnant, parenting, and prospective parenting students; and (ii) improving access to such resources. (2) Annually assesses the performance of the eligible institution and the office in meeting the following needs of students enrolled in the eligible institution who are pregnant or are parents: (A) The inclusion of maternity coverage and the availability of riders for additional family members in student health care. (B) Family housing. (C) Child care. (D) Flexible or alternative academic scheduling, such as telecommuting programs. (E) Education to improve parenting skills for mothers and fathers and to strengthen marriages. (F) Resources to assist parents and prospective parents in meeting the material needs of their children. (G) Post-partum counseling and support groups. (3) Identifies public and private service providers, located on the campus of the eligible institution or within the local community, that are qualified to meet the needs described in paragraph (2), and establishes programs with qualified providers to meet such needs. (4) Assists pregnant and parenting students and their spouses in locating and obtaining services that meet the needs described in paragraph (2). (5) If appropriate, provides referrals for prenatal care and delivery, infant or foster care, or adoption, to a student who requests such information. An office shall make such referrals only to service providers that primarily serve the following types of individuals: (A) Parents. (B) Prospective parents awaiting adoption. (C) Women who are pregnant and plan on parenting or placing the child for adoption. (D) Parenting or prospective parenting couples who are married or who plan on marrying in order to provide a supportive environment for each other and their child. (b) Expanded Services.--In carrying out the programs and activities described in subsection (a), an eligible institution of higher education receiving a grant under this Act may choose to provide access to such programs and activities to a pregnant or parenting employee of the eligible institution, and the employee's spouse. SEC. 8. REPORTING. (a) Annual Report by Institutions.-- (1) In general.--For each fiscal year that an eligible institution of higher education receives a grant under this Act, the eligible institution shall prepare and submit to the Secretary, by the date determined by the Secretary, a report that-- (A) itemizes the pregnant and parenting student services office's expenditures for the fiscal year; (B) contains a review and evaluation of the performance of the office in fulfilling the requirements of this Act, using the specific performance criteria or standards established under paragraph (2)(A); and (C) describes the achievement of the office in meeting the needs listed in section 7(a)(2) of the students served by the eligible institution, and the frequency of use of the office by such students. (2) Performance criteria.--Not later than 180 days before the date the annual report described in paragraph (1) is submitted, the Secretary-- (A) shall identify the specific performance criteria or standards that shall be used to prepare the report; and (B) may establish the form or format of the report. (3) Additional information.--After reviewing an annual report of an eligible institution of higher education, the Secretary may require that the eligible institution provide additional information if the Secretary determines that such additional information is necessary to evaluate the pilot program. (b) Report by Secretary.--The Secretary shall annually prepare and submit a report on the findings of the pilot program under this Act, including the number of eligible institutions of higher education that were awarded grants and the number of students served by each pregnant and parenting student services office receiving funds under this Act, to the appropriate committees of the Senate and the House of Representatives. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act no more than $10,000,000 for each of the fiscal years 2006 through 2010.

Elizabeth Cady Stanton Pregnant and Parenting Student Services Act of 2005 - Expresses the sense of Congress that: (1) pregnant college students should not have to make a choice between keeping their baby and staying in school; (2) the pilot program under this Act will help institutions of higher education to establish offices that will operate independent of federal funding within five years after enactment of this Act; and (3) amounts appropriated to carry out other federal programs should be reduced to offset the costs of this Act. Directs the Secretary of Education to establish a pilot program to provide grants to encourage eligible institutions of higher education to establish and operate pregnant and parenting student services offices for pregnant students, parenting students, prospective parenting students anticipating a birth or adoption, and students who are placing or have placed a child for adoption.

{"src": "billsum_train", "title": "To establish a pilot program to provide grants to encourage eligible institutions of higher education to establish and operate pregnant and parenting student services offices for pregnant students, parenting students, prospective parenting students who are anticipating a birth or adoption, and students who are placing or have placed a child for adoption."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Suborbital and Orbital Advancement and Regulatory Streamlining Act'' or the ``SOARS Act''. SEC. 2. COMMERCIAL SPACE LAUNCH LICENSING. Chapter 509 of title 51, United States Code, is amended-- (1) by amending section 50902(6)(A) to read as follows: ``(A) activities involved in the preparation of a launch vehicle or element thereof, payload, crew (including crew training), or space flight participant (including space flight participant training) for launch; and''; (2) by amending section 50904(d) to read as follows: ``(d) Single License or Permit.--The Secretary of Transportation-- ``(1) shall ensure that only 1 license or permit is required from the Department of Transportation to conduct activities involving crew or space flight participants, including launch and reentry; ``(2) may authorize by license or permit flight of a launch or reentry vehicle, or element thereof, in support of a launch or reentry, even when the vehicle or element is not being launched or reentered; and ``(3) shall ensure that all Department of Transportation regulations relevant to the licensed or permitted activity are satisfied under a single license or permit.''; and (3) in section 50906-- (A) in subsection (e), by striking ``suborbital rocket design'' and inserting ``suborbital rocket or rocket design''; and (B) by amending subsection (g) to read as follows: ``(g) A permit may be issued, and a permit that has already been issued shall remain valid for the uses described in subsection (d), for a particular reusable suborbital rocket or rocket design after a license has been issued for the launch or reentry of a rocket of that design.''. SEC. 3. DEMONSTRATION PROJECT. (a) Establishment.--The Secretary of Transportation shall establish and implement, under the Office of Commercial Space Transportation, a demonstration project under chapter 509 of title 51, United States Code, to evaluate the benefits of using experimental aircraft for both the direct and indirect support of commercial space launch and reentry activities. (b) Duration and Scope.-- (1) Duration.--Beginning not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall conduct the demonstration project for a period of not less than 3 years. (2) Scope.-- (A) In general.--The Secretary of Transportation shall enroll not less than 8 commercial businesses involved in direct and indirect support of commercial space launch activities, with at least 1 business designated for each Department of Transportation- licensed commercial space launch facility. (B) Types of activities.--Such commercial space launch support activities may include revenue-producing activities and the use of former military aircraft or vehicles designated as experimental by the Department of Transportation. (C) Redeployment.--After a period of 6 months from the beginning of the demonstration program, the Secretary of Transportation shall determine if there are any Department of Transportation-licensed launch facilities that do not have a commercial company participating with them in the demonstration project and shall redeploy that demonstration allocation to any other licensed launch facilities that are interested in expanding their participation to a second (or more) demonstration project company. (3) Liability coverage.--During the period of the demonstration program, liability of participating commercial businesses for damages resulting from participation in the demonstration program shall be limited to actual losses incurred. (4) Payment.--There will be no fees charged by the Department of Transportation to either licensed launch facilities or commercial businesses participating in this demonstration project. (5) Waiver authority.--The Secretary of Transportation may waive such requirements or limitations of chapter 509 of title 51, United States Code, as may be necessary to carry out the demonstration project. (6) Study and report to congress.-- (A) Interim evaluation and report.--No sooner than 1 year and not later than 2 years after the date of enactment of this Act, the Secretary of Transportation shall submit to Congress a report that contains an interim evaluation of the positive and negative impact of the demonstration project on the United States commercial space transportation industry, any planned changes to the demonstration project, and an initial assessment of whether the duration of the demonstration project should be extended. (B) Further evaluation and report.--Not later than 6 months after the date of completion of the demonstration project or 2 years after the most recent prior report, the Secretary of Transportation shall submit to Congress a report that contains the following: (i) An updated evaluation of the impact of the demonstration project on the United States commercial space transportation industry. (ii) An analysis of the benefits and costs of continuing, restarting, expanding, or making permanent the demonstration project, including any proposed changes to the project. (iii) The Secretary's recommendation regarding continuing, restarting, expanding, or making permanent the demonstration project, based on the analysis under clause (ii). (iv) Options for Congress to provide any additional legislative or regulatory authority which may be required to implement clause (iii). (7) Temporary extensions.--If, at any time after the first two years of the demonstration project, the Secretary's most recent report to Congress has stated that the demonstration project is succeeding in advancing the purposes of chapter 509 of title 51, United States Code, and that the duration of the demonstration project should be extended, then the Secretary is authorized to extend the project for a period of up to two years per extension, without restriction, effective 30 days after written notification to the Congress of the extension. (c) Definitions.--In this section: (1) Demonstration project.--The term ``demonstration project'' means the demonstration project conducted under this section. (2) Indirect support of commercial space launch activities.--The term ``indirect support of commercial space launch activities'' shall include pilot, crew, and passenger evaluation, preparation, and training, payload testing and preparation, and any other activities deemed necessary by the commercial space launch company participating in the demonstration project to prepare for, or execute, a commercial suborbital or orbital launch.

Suborbital and Orbital Advancement and Regulatory Streamlining Act or SOARS Act - Amends commercial space launch licensing requirements. Revises the definition of "launch services" to include activities involved in the preparation of a launch vehicle (as under current law) or element thereof, including space flight participant training for a launch. Authorizes the Secretary of Transportation (DOT) to issue a single license or permit for flight of a launch or reentry vehicle, or element thereof, in support of a launch or reentry, even when the vehicle or element is not being launched or reentered. Requires the Secretary to ensure that all DOT regulations for a licensed or permitted launch or reentry are satisfied under a single license or permit. Authorizes the issuance of an experimental permit for a particular reusable suborbital rocket (as under current law) or rocket design after a license has been issued for the launch or reentry of a rocket of that design. Declares that any permits already issued shall remain valid for research and development (R&D) and other specified purposes. Directs the Secretary to establish, under the Office of Commercial Space Transportation of the Federal Aviation Administration (FAA), a demonstration project to evaluate the benefits of using experimental aircraft for both the direct and indirect support of commercial space launch and reentry activities.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Entrepreneurship Act''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``Administrator'' means the Administrator of the Small Business Administration; (2) the term ``reserve component'' means a reserve component of the Armed Forces named in section 10101 of title 10, United States Code; (3) the term ``small business concern'' has the meaning given the term under section 3(a) of the Small Business Act (15 U.S.C. 632(a)); (4) the term ``veteran'' has the meaning given the term under section 3(q)(4) of the Small Business Act (15 U.S.C. 632(q)(4)); (5) the term ``Veterans Business Outreach Center'' means a veterans business outreach center described in section 32 of the Small Business Act (15 U.S.C. 657b); and (6) the term ``women's business center'' means a women's business center described in section 29 of the Small Business Act (15 U.S.C. 656). SEC. 3. PERMANENT SBA EXPRESS LOAN GUARANTEE FEE WAIVER FOR VETERANS. Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended-- (1) in paragraph (18)(A), by striking ``With respect'' and inserting ``Except as provided in paragraph (31), with respect''; and (2) in paragraph (31), adding at the end the following: ``(G) Guarantee fee waiver for veterans.-- ``(i) Definition.--In this subparagraph, the term `veteran or spouse of a veteran' means-- ``(I) a veteran, as defined in section 3(q)(4); ``(II) a member of the Armed Forces serving on active duty who is eligible to participate in the Transition Assistance Program established under section 1144 of title 10, United States Code; ``(III) a member of a reserve component of the Armed Forces named in section 10101 of title 10, United States Code; ``(IV) the spouse of an individual described in subclause (I), (II), or (III); or ``(V) the surviving spouse of an individual described in subclause (I), (II), or (III) who died while serving on active duty or as a result of a service-connected (as defined in section 101 of title 38, United States Code) disability. ``(ii) Guarantee fee waiver.--The Administrator may not assess a guarantee fee under paragraph (18) in connection with a loan made under this paragraph to a veteran or spouse of a veteran on or after October 1, 2014.''. SEC. 4. REPORT ON FINANCIAL PLANNING AND COUNSELING FOR OWNERS OF SMALL BUSINESS CONCERNS IN THE NATIONAL GUARD AND RESERVES. Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to Congress a report assessing the feasibility of providing financial planning and counseling to owners of small business concerns who are members of a reserve component prior to deployment. SEC. 5. REPORT ON ACCESSIBILITY AND OUTREACH TO FEMALE VETERANS BY THE SMALL BUSINESS ADMINISTRATION. Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to Congress a report assessing the level of outreach to and consultation with female veterans by women's business centers and Veterans Business Outreach Centers. SEC. 6. REPORT ON THE MILITARY RESERVISTS ECONOMIC INJURY DISASTER LOAN PROGRAM. Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to Congress a report on the Military Reservists Economic Injury Disaster Loan Program (in this section referred to as the ``program'') authorized under section 7(b)(3) of the Small Business Act (15 U.S.C. 636(b)(3)), which shall include-- (1) a discussion of the outreach efforts of the Small Business Administration to increase participation in the program; (2) the number of loans made under the program; (3) an analysis of the effectiveness of the program; and (4) recommendations for improving the program.

Veterans Entrepreneurship Act - Amends the Small Business Act to prohibit the Administrator of the Small Business Administration (SBA) from assessing a guarantee fee in connection with a loan made under the SBA Express Program to a veteran or spouse of a veteran on or after October 1, 2014. Directs the Administrator to report to Congress on: (1) the feasibility of providing financial planning and counseling to owners of small business concerns who are members of a reserve component prior to deployment; (2) the level of outreach to and consultation with female veterans by women's business centers and veterans business outreach centers; and (3) the Military Reservists Economic Injury Disaster Loan Program, which shall include a discussion of SBA outreach efforts to increase participation, the number of loans made, and an analysis of the effectiveness of, and recommendations for improving, the Program.

{"src": "billsum_train", "title": "Veterans Entrepreneurship Act"}

SECTION 1. VOLUNTARY LIMITS ON CAMPAIGN ADVERTISING. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following: ``SEC. 324. VOLUNTARY ADVERTISING LIMITS AND BENEFITS FOR ELIGIBLE CONGRESSIONAL CANDIDATES. ``(a) Definitions.--In this section-- ``(1) Campaign advertising.--The term `campaign advertising' means a disbursement for any communication through any broadcasting station. ``(2) Eligible congressional candidate.--The term `eligible congressional candidate' means a candidate for nomination to, or election to, the Senate or the House of Representatives that the Commission has certified under subsection (d) as an eligible candidate for a primary or general election. ``(3) General election period.--The term `general election period' means the time period beginning on the date that is 60 days before the date of the general election for the office to which the candidate is seeking election and ending on the date of the general election. ``(4) Primary election period.--The term `primary election period' means the time period beginning on the date that is 30 days before the date of the primary election for the office to which the candidate is seeking election and ending on the date of the primary election. ``(b) Requirements.-- ``(1) In general.--A candidate for election, or nomination for election, to the Senate or House of Representatives is an eligible candidate-- ``(A) for purposes of a primary election, if the Commission certifies that the candidate has met the primary election filing requirement of paragraph (2); and ``(B) for purposes of a general election, if the Commission certifies that the candidate has met the general election filing requirement of paragraph (3). ``(2) Primary election filing requirement.-- ``(A) In general.--The requirement of this paragraph is met if the candidate files with the Commission a declaration that-- ``(i) the candidate and the candidate's authorized committees will not participate in campaign advertising except during the primary election period; and ``(ii) at least 1 other candidate has qualified for the same primary election ballot under the law of the candidate's State. ``(B) Deadline for filing primary election declaration.--The declaration under subparagraph (A) shall be filed not later than the date on which the candidate files, with the appropriate State officer, as a candidate for the primary election. ``(3) General election filing requirement.-- ``(A) In general.--The requirement of this paragraph is met if the candidate files with the Commission a declaration that the candidate and the candidate's authorized committees will not participate in campaign advertising except during the general election period. ``(B) Deadline for filing general election declaration.--The declaration under subparagraph (A) shall be filed not later than 7 days after the earlier of-- ``(i) the date on which the candidate qualifies for the general election ballot under State law; or ``(ii) if under State law, a primary or runoff election to qualify for the general election ballot occurs after September 1, the date on which the candidate wins the primary or runoff election. ``(c) Benefits for Eligible Congressional Candidates.-- ``(1) In general.--If an eligible congressional candidate has an opponent who has qualified for the ballot, the candidate shall be entitled to the broadcast media rates provided under section 315(b)(2) of the Communications Act of 1934. ``(2) Use of benefit.--An eligible congressional candidate that uses the broadcast media rates under paragraph (1) for broadcast time shall use the time for a communication that is not less than 60 seconds in length. ``(d) Certification.-- ``(1) In general.--The Commission shall determine whether a candidate has met the requirements of this section and, based on the determination, issue a certification stating whether the candidate is an eligible candidate for the applicable election entitled to receive benefits under this section. ``(2) Certification.-- ``(A) Primary election.--Not later than 7 business days after a candidate files a declaration under subsection (b)(2), the Commission shall determine whether the candidate meets the eligibility requirements of such subsection and, if so, certify that the candidate is an eligible candidate for the primary election entitled to receive benefits under this section. ``(B) General election.--Not later than 7 business days after a candidate files a declaration under subsection (b)(3), the Commission shall determine whether the candidate meets the eligibility requirement of such subsection and, if so, certify that the candidate is an eligible candidate for the general election entitled to receive benefits under this title. ``(e) Revocation of Certification.-- ``(1) In general.--The Commission shall revoke a certification under subsection (d), based on information submitted in such form and manner as the Commission may require or on information that comes to the Commission by other means, if the Commission determines that a candidate-- ``(A) violates any requirement of this section; or ``(B) fails to continue to meet the requirements of this section. ``(2) No further benefits.--A candidate whose certification has been revoked shall be ineligible for any further benefits made available under this section for the duration of the election cycle. ``(f) Determinations by Commission.--A determination (including a certification under subsection (d)) made by the Commission under this title shall be final, except to the extent that the determination is subject to judicial review. ``(g) Penalty for Misuse of Benefits.--If the Commission revokes the certification of an eligible congressional candidate, the Commission shall so notify the candidate, and the candidate shall pay to the provider of any benefit received by the candidate under this section an amount equal to the difference between the amount the candidate paid for such benefit and the amount the candidate would have paid for the benefit if the candidate were not an eligible congressional candidate.''. SEC. 2. BROADCAST RATES AND PREEMPTION. (a) Broadcast Rates.--Section 315(b) of the Communications Act of 1934 (47 U.S.C. 315(b)) is amended-- (1) by striking ``(b) The charges'' and inserting the following: ``(b) Broadcast Media Rates.-- ``(1) In general.--The charges''; (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly; (3) in paragraph (1)(A) (as redesignated by paragraph (2))-- (A) by striking ``forty-five'' and inserting ``30''; and (B) by striking ``lowest unit charge of the station for the same class and amount of time for the same period'' and inserting ``lowest charge of the station for the same amount of time for the same period on the same date''; and (4) by adding at the end the following: ``(2) Eligible congressional candidates.-- ``(A) Eligible congressional candidates.--In the case of an eligible congressional candidate (as defined in section 324 of the Federal Election Campaign Act of 1971) the charges for the use of a television broadcasting station during the 30-day period and 60- day period referred to in paragraph (1)(A) shall not exceed 50 percent of the lowest charge described in paragraph (1)(A). ``(B) Noneligible congressional candidates.--In the case of a candidate for Federal office who is not an eligible congressional candidate (as so defined), paragraph (1)(A) shall not apply.''. (b) Preemption; Access.--Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is amended-- (1) by redesignating subsections (c) and (d), as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: ``(c) Preemption.-- ``(1) In general.--Except as provided in paragraph (2), a licensee shall not preempt the use, during any period specified in subsection (b)(1)(A), of a broadcasting station by an eligible congressional candidate (as defined in section 324 of the Federal Election Campaign Act of 1971) that has purchased and paid for such use pursuant to subsection (b)(2). ``(2) Circumstances beyond control of licensee.--If a program to be broadcast by a broadcasting station is preempted because of circumstances beyond the control of the broadcasting station, any candidate advertising spot scheduled to be broadcast during that program may also be preempted.''. (c) Revocation of License for Failure To Permit Access.--Section 312(a)(7) of the Communications Act of 1934 (47 U.S.C. 312(a)(7)) is amended-- (1) by striking ``or repeated''; (2) by inserting ``or cable system'' after ``broadcasting station''; and (3) by striking ``his candidacy'' and inserting ``the candidacy of the candidate, under the same terms, conditions, and business practices as apply to the most favored advertiser of the licensee''. (d) Effective Date.--The amendments made by this section shall take effect on the date that is 60 days after the date of enactment of this Act.

Amends the Federal Election Campaign Act of 1971 to define an "eligible congressional candidate" as a candidate to the Senate or the House of Representatives who makes specified declarations to the Federal Election Commission (FEC) that: (1) such candidate and the candidate's authorized committees will not participate in campaign advertising except during the primary or general election period (30 and 60 days before each such election, respectively); and (2) at least one other candidate has qualified for the same primary election ballot under the law of the candidate's State. Entitles eligible congressional candidates with opponents who have qualified for the ballot to reduced broadcast media rates. Requires candidates so entitled to use the time for communications at least 60 seconds in length. Sets forth FEC certification requirements with respect to declarations. Makes candidates whose certifications have been revoked ineligible for further benefits for the duration of the election cycle. Requires candidates with revoked certifications to reimburse benefit providers for any difference in rates. Amends the Communications Act of 1934 to require a broadcast station to make broadcast time available to all House and Senate candidates in the last 30 (currently, 45) days before a primary at the lowest charge of the station for the same amount of time (currently, the same class and amount of time) for the same period on the same date. Limits charges for broadcast time during such period (and the 60-day period preceding a general or special election) for eligible congressional candidates to 50 percent of the lowest charge. Prohibits broadcasters from preempting advertisements by eligible congressional candidates during such periods, unless the preemption is beyond the broadcaster's control. Authorizes the Federal Communications Commission to revoke a station license or construction permit for willful (currently, willful or repeated) failure to allow reasonable access to, or permit purchase of time for, the use of a broadcasting station or cable system by a legally qualified candidate under the same terms as apply to the most favored advertiser of the licensee.

{"src": "billsum_train", "title": "A bill to shorten the campaign period for congressional elections."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American $1 Coin Act''. SEC. 2. NATIVE AMERICAN $1 COIN PROGRAM. Section 5112 of title 31, United States Code, is amended by adding at the end the following: ``(r) Redesign and Issuance of Circulating $1 Coins Honoring Native Americans and the Important Contributions Made by Indian Tribes and Individual Native Americans in United States History.-- ``(1) Redesign beginning in 2008.-- ``(A) In general.--Effective beginning January 1, 2008, notwithstanding subsection (d), in addition to the coins to be issued pursuant to subsection (n), and in accordance with this subsection, the Secretary shall mint and issue $1 coins that-- ``(i) have as the designs on the obverse the so-called `Sacagawea design'; and ``(ii) have a design on the reverse selected in accordance with paragraph (2)(A), subject to paragraph (3)(A). ``(B) Delayed date.--If the date of the enactment of the Native American $1 Coin Act is after August 25, 2007, subparagraph (A) shall be applied by substituting `2009' for `2008'. ``(2) Design requirements.--The $1 coins issued in accordance with paragraph (1) shall meet the following design requirements: ``(A) Coin reverse.--The design on the reverse shall bear-- ``(i) images celebrating the important contributions made by Indian tribes and individual Native Americans to the development of the United States and the history of the United States; ``(ii) the inscription `$1'; and ``(iii) the inscription `United States of America'. ``(B) Coin obverse.--The design on the obverse shall-- ``(i) be chosen by the Secretary, after consultation with the Commission of Fine Arts and review by the Citizens Coinage Advisory Committee; and ``(ii) contain the so-called `Sacagawea design' and the inscription `Liberty'. ``(C) Edge-incused inscriptions.-- ``(i) In general.--The inscription of the year of minting and issuance of the coin and the inscriptions `E Pluribus Unum' and `In God We Trust' shall be edge-incused into the coin. ``(ii) Preservation of distinctive edge.--The edge- incusing of the inscriptions under clause (i) on coins issued under this subsection shall be done in a manner that preserves the distinctive edge of the coin so that the denomination of the coin is readily discernible, including by individuals who are blind or visually impaired. ``(D) Reverse design selection.--The designs selected for the reverse of the coins described under this subsection-- ``(i) shall be chosen by the Secretary after consultation with the Committee on Indian Affairs of the Senate, the Congressional Native American Caucus of the House of Representatives, the Commission of Fine Arts, and the National Congress of American Indians; ``(ii) shall be reviewed by the Citizens Coinage Advisory Committee; ``(iii) may depict individuals and events such as-- ``(I) the creation of Cherokee written language; ``(II) the Iroquois Confederacy; ``(III) Wampanoag Chief Massasoit; ``(IV) the `Pueblo Revolt'; ``(V) Olympian Jim Thorpe; ``(VI) Ely S. Parker, a general on the staff of General Ulysses S. Grant and later head of the Bureau of Indian Affairs; and ``(VII) code talkers who served the United States Armed Forces during World War I and World War II; and ``(iv) in the case of a design depicting the contribution of an individual Native American to the development of the United States and the history of the United States, shall not depict the individual in a size such that the coin could be considered to be a `2-headed' coin. ``(3) Issuance of coins commemorating 1 native american event during each year.-- ``(A) In general.--Each design for the reverse of the $1 coins issued during each year shall be emblematic of 1 important Native American or Native American contribution each year. ``(B) Issuance period.--Each $1 coin minted with a design on the reverse in accordance with this subsection for any year shall be issued during the 1-year period beginning on January 1 of that year and shall be available throughout the entire 1- year period. ``(C) Order of issuance of designs.--Each coin issued under this subsection commemorating Native Americans and their contributions-- ``(i) shall be issued, to the maximum extent practicable, in the chronological order in which the Native Americans lived or the events occurred, until the termination of the coin program described in subsection (n); and ``(ii) thereafter shall be issued in any order determined to be appropriate by the Secretary, after consultation with the Committee on Indian Affairs of the Senate, the Congressional Native American Caucus of the House of Representatives, and the National Congress of American Indians. ``(4) Issuance of numismatic coins.--The Secretary may mint and issue such number of $1 coins of each design selected under this subsection in uncirculated and proof qualities as the Secretary determines to be appropriate. ``(5) Quantity.--The number of $1 coins minted and issued in a year with the Sacagawea-design on the obverse shall be not less than 20 percent of the total number of $1 coins minted and issued in such year.''. SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. Section 5112(n)(1) of title 31, United States Code, is amended-- (1) by striking the paragraph designation and heading and all that follows through ``Notwithstanding subsection (d)'' and inserting the following: ``(1) Redesign beginning in 2007.--Notwithstanding subsection (d)''; (2) by striking subparagraph (B); and (3) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and indenting the subparagraphs appropriately. SEC. 4. REMOVAL OF BARRIERS TO CIRCULATION OF $1 COIN. (a) In General.--In order to remove barriers to circulation, the Secretary of the Treasury shall carry out an aggressive, cost- effective, continuing campaign to encourage commercial enterprises to accept and dispense $1 coins that have as designs on the obverse the so-called ``Sacagawea design''. (b) Report.--The Secretary of the Treasury shall submit to Congress an annual report on the success of the efforts described in subsection (a). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Native American $1 Coin Act - Directs the Secretary of the Treasury to mint and issue $1 coins in commemoration of Native Americans and important contributions made by Indian tribes and individual Native Americans to the development and history of the United States. Requires, effective beginning January 1, 2008, that such coins have designs: (1) on the obverse bearing the " Sacagawea design;" and (2) on the reverse bearing images celebrating important contributions made by Indian tribes and individual Native Americans to the history and development of the United States. States that, if the date of the enactment of this Act is after August 25, 2007, such design shall be implemented beginning January 1, 2009. Requires edge-incusing of the inscriptions "E Pluribus Unum" and "In God We Trust" in a manner that preserves the distinctive coin edge so that its denomination is readily discernible, including by individuals who are blind or visually impaired. Requires the number of $1 coins minted and issued in a year with the Sacagawea-design on the obverse to be not less than 20% of the total number of $1 coins minted and issued in such year. Instructs the Secretary of the Treasury to carry out an aggressive, cost-effective, continuing campaign to encourage commercial enterprises to accept and dispense $1 coins that have the so-called "Sacagawea design."

{"src": "billsum_train", "title": "To require the Secretary of the Treasury to mint and issue coins in commemoration of Native Americans and the important contributions made by Indian tribes and individual Native Americans to the development of the United States and the history of the United States, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Saudi Arabia Accountability Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) United Nations Security Council Resolution 1373 (2001) mandates that all states ``refrain from providing any form of support, active or passive, to entities or persons involved in terrorist acts'', take ``the necessary steps to prevent the commission of terrorist acts'', and ``deny safe haven to those who finance, plan, support, or commit terrorist acts''. (2) In 2004, the Council on Foreign Relations reported that it knew of ``not a single Saudi donor of funds to terrorist groups who has been publicly punished''. (3) In his July 2005 testimony to the Committee on Banking, Housing, and Urban Affairs of the Senate, Stewart Levey, the Undersecretary for the Office of Terrorism and Financing Intelligence of the Department of the Treasury, reported that ``even today, we believe that Saudi donors may still be a significant source of terrorist financing, including for the insurgency in Iraq''. He added that Saudi financiers and charities ``remain a key source for the promotion of ideologies used by terrorists and violent extremists''. (4) According to a July 27, 2007 New York Times article, ``Of an estimated 60 to 80 foreign fighters who enter Iraq each month, American military and intelligence officials say that nearly half are coming from Saudi Arabia and that the Saudis have not done enough to stem the flow.''. (5) According to a July 15, 2007 Los Angeles Times article, ``About 45% of all foreign militants targeting U.S. troops and Iraqi civilians and security forces are from Saudi Arabia ... according to official U.S. military figures made available to The Times by the senior officer. Nearly half of the 135 foreigners in U.S. detention facilities in Iraq are Saudis, he said. Fighters from Saudi Arabia are thought to have carried out more suicide bombings than those of any other nationality, said the senior U.S. officer, who spoke on condition of anonymity because of the subject's sensitivity.''. (6) The Center for Religious Freedom, formerly affiliated with Freedom House, in a 2006 report entitled ``Saudi Arabia's Curriculum of Intolerance'', stated that despite 2005 statements by the Saudi Foreign Minister that their educational curricula have been reformed, this is ``simply not the case''. Contrarily, religious textbooks continue to advocate the destruction of any non-Wahhabi Muslim. Saudi Arabia has established Wahhabism, an extreme form of Islam, as the official state doctrine, and about 5,000,000 children are instructed each year in Islamic studies using Saudi Ministry of Education textbooks. (7) A Fall 2007 United States Commission on International Religious Freedom report stated ``Due to insufficient information provided by the Saudi government, the Commission could not verify that a formal mechanism exists within the Saudi government to review thoroughly and revise educational texts and other materials sent outside of Saudi Arabia. It appears that the Saudi government has made little or no progress on efforts to halt the exportation of extremist ideology outside the Kingdom.''. (8) A September 2005 Government Accountability Office report stated that ``Saudi Arabia's multibillion-dollar petroleum industry, although largely owned by the government, has fostered the creation of large private fortunes, enabling many wealthy Saudis to sponsor charities and educational foundations whose operations extend to many countries. United States Government and other expert reports have linked some Saudi donations to the global propagation of religious intolerance, hatred of Western values, and support of terrorist activities''. (9) A June 2004 press release on the website of the Saudi embassy, www.saudiembassy.net, discussed the creation of the Saudi National Commission for Relief and Charity Work Abroad, a nongovernmental body designed to ``take over all aspects of private overseas aid operations and assume responsibility for the distribution of private charitable donations from Saudi Arabia'' in order to ``guard against money laundering and the financing of terrorism''. As of late 2007, this Commission had not been created. (10) In a February 2006 open Senate Select Committee on Intelligence hearing on the ``World Wide Threat'', former Director of National Intelligence and current Deputy Secretary of State John Negroponte, stated that ``there are private Saudi citizens who still engage in these kinds of donations [in which money is transferred back door to terrorists]''. (11) A March 2005 report by the Congressional Research Service stated that at least 5 persons listed as beneficiaries of the Saudi Committee for the Support of the Al Quds Intifada were suspected suicide bombers. (12) During November 8, 2005 testimony on Saudi Arabia before the Subcommittee on Terrorism, Technology, and Homeland Security of the Committee on the Judiciary of the Senate, Steve Emerson, terrorism expert and Executive Director of the Investigative Project on Terrorism, stated that despite repeated declarations by Saudi officials that there has been substantial reform in education, progress against terrorism, and movement toward transparency, a review of other Saudi announcements shows that they have either specifically failed to follow through or cannot be proven to have followed through on their pledges. He also noted that the Saudi government established the Saudi Committee for the Support of the Al Quds Intifada, which was proven to provide aid to Palestinian terrorist groups. During an Israeli raid on a Hamas institution, they discovered a spreadsheet from the aforementioned committee giving a detailed account about how they received $545,000 from the committee to allocate to 102 families of so-called martyrs. The spreadsheet included the names of 8 suicide bombers. (13) A January 2007 Congressional Research Service Report on Saudi Arabia's terrorist-financing activities indicated that although the records portion of the Committee for the Support of the Al Quds Intifada was deactivated in March 2005, of the 1,300 listed beneficiaries, over 60 matched or closely resembled the names of known Palestinian militants who carried out attacks against Israel between October 2000 and March 2002. (14) The final report of the Presidentially-appointed Iraq Study Group stated that ``funding for the Sunni insurgency in Iraq comes from private donors in Saudi Arabia and other Gulf states''. (15) A January 2005 report by the Center for Religious Freedom found that Saudi Arabia was creating and distributing, through its embassy in Washington, D.C., material promoting hatred, intolerance, and violence at mosques and Islamic centers in the United States. (16) On December 14, 2005, R. James Woolsey, former Director of Central Intelligence wrote, ``Over the long run, this movement [Wahhabism] is in many ways the most dangerous of the ideological enemies we face.'' Mr. Woolsey also explained that ``al Qaeda and the Wahhabis share essentially the same underlying totalitarian theocratic ideology. It is this common Salafist ideology that the Wahhabis have been spreading widely -- financed by $3-4 billion/year from the Saudi government and wealthy individuals in the Middle East over the last quarter century -- to the madrassas of Pakistan, the textbooks of Turkish children in Germany, and the mosques of Europe and the U.S.''. (17) According to a May 2006 report by the Center for Religious Freedom, official Saudi religious textbooks continue to teach hatred of those who do not follow Wahhabi Muslim doctrine and encourage jihad against such ``infidels'' and ``the Saudi public school religious curriculum continues to propagate an ideology of hate toward the unbeliever ... [A] text instructs students that it is a religious obligation to do `battle' against infidels in order to spread the faith''. (18) In May 2006, the Congressional Research Service reported that ``Saudi Arabia has discussed increasing boycott efforts against Israel, despite their WTO [World Trade Organization] obligations''. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) it is imperative that the Government of Saudi Arabia immediately and unconditionally-- (A) permanently close all charities, schools, or other organizations or institutions in the Kingdom of Saudi Arabia that fund, train, incite, encourage, or in any other way aid and abet terrorism anywhere in the world (referred to in this Act as ``Saudi-based terror organizations''), including by means of providing support for the families of individuals who have committed acts of terrorism; (B) end funding or other support by the Government of Saudi Arabia for charities, schools, and any other organizations or institutions outside the Kingdom of Saudi Arabia that train, incite, encourage, or in any other way aid and abet terrorism anywhere in the world (referred to in this Act as ``offshore terror organizations''), including by means of providing support for the families of individuals who have committed acts of terrorism; (C) block all funding from private Saudi citizens and entities to any Saudi-based terror organization or offshore terrorism organization; and (D) provide complete, unrestricted, and unobstructed cooperation to the United States, including the unsolicited sharing of relevant intelligence in a consistent and timely fashion, in the investigation of groups and individuals that are suspected of financing, supporting, plotting, or committing an act of terror against United States citizens anywhere in the world, including within the Kingdom of Saudi Arabia; and (2) the President, in determining whether to make the certification described in section 4, should judge whether the Government of Saudi Arabia has continued and sufficiently expanded its efforts to combat terrorism since the May 12, 2003 bombing in Riyadh. SEC. 4. PRESIDENTIAL CERTIFICATION. The President shall certify to the appropriate congressional committees when the President determines that the Government of Saudi Arabia-- (1) is fully cooperating with the United States in investigating and preventing terrorist attacks; (2) has permanently closed all Saudi-based Wahhabbist organizations that fund Islamic extremism, internally and abroad; (3) has exercised maximum efforts to block all funding from private Saudi citizens, corporations, and entities, to foreign Islamic extremist and terrorist movements; and (4) has stopped financing and disseminating materials, and other forms of support, that encourage the spread of radical Wahhabi ideology. SEC. 5. STATUS REPORT. (a) Requirement for Report.--Not later than 6 months after the date of the enactment of this Act, and every 12 months thereafter until the President makes the certification described in section 4, the Secretary of State shall submit a report to the appropriate congressional committees that describes the progress made by the Government of Saudi Arabia toward meeting the conditions described in paragraphs (1) through (4) of section 4. (b) Form.--The report submitted under subsection (a) shall be in unclassified form and may include a classified annex. SEC. 6. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. In this Act, the term ``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

Saudi Arabia Accountability Act of 2007 - Expresses the sense of Congress that the government of Saudi Arabia must: (1) close permanently all organizations in Saudi Arabia that fund, train, encourage, or aid terrorism anywhere in the world; (2) end funding for terror organizations outside Saudi Arabia; (3) block funding from private Saudi citizens and entities to Saudi-based or offshore terror organizations; and (4) cooperate fully with the United States in investigating terror groups and individuals. Directs the President to certify to the appropriate congressional committees when the government of Saudi Arabia: (1) is fully cooperating with the United States in investigating and preventing terrorist attacks; (2) has permanently closed all Saudi-based Wahhabbist organizations that fund Islamic extremism; (3) has exercised maximum efforts to block all funding from private Saudi citizens, corporations, and entities to foreign Islamic extremist and terrorist movements; and (4) has stopped financing and disseminating materials and other forms of support that encourage the spread of radical Wahhabi ideology. Directs the President to report annually to the committees until such certification is made.

{"src": "billsum_train", "title": "A bill to strongly encourage the Government of Saudi Arabia to end its support for institutions that fund, train, incite, encourage, or in any other way aid and abet terrorism, to secure full Saudi cooperation in the investigation of terrorist incidents, to denounce Saudi sponsorship of extremist Wahhabi ideology, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Energy Veterans' Health Initiative Act''. SEC. 2. DEFINITIONS. In this Act: (1) Department.--The term ``Department'' means the Department of Energy. (2) National laboratory.--The term ``National Laboratory'' has the meaning given that term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801). (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. PURPOSES. The purposes of this Act are to advance Department of Energy expertise in artificial intelligence and high performance computing in order to improve health outcomes for veteran populations by-- (1) supporting basic research through the application of artificial intelligence, high performance computing, modeling and simulation, machine learning, and large scale data analytics to identify and solve outcome-defined challenges in the health sciences; (2) maximizing the impact of the Department of Veterans Affairs' health and genomics data housed at the National Laboratories, as well as data from other sources, on science, innovation, and health care outcomes through the use and advancement of artificial intelligence and high-performance computing capabilities of the Department of Energy; (3) promoting collaborative research through the establishment of partnerships to improve data sharing between Federal agencies, National Laboratories, institutions of higher education, and nonprofit institutions; (4) establishing multiple scientific computing user facilities to house and provision available data to foster transformational outcomes; and (5) driving the development of technology to improve artificial intelligence, high performance computing, and networking relevant to mission applications of the Department of Energy, including modeling, simulation, machine learning, and advanced data analytics. SEC. 4. DEPARTMENT OF ENERGY VETERANS HEALTH RESEARCH AND DEVELOPMENT. (a) In General.--The Secretary shall establish and carry out a research program in artificial intelligence and high performance computing, focused on the development of tools to solve big data challenges associated with veteran's healthcare, and to support the efforts of the Department of Veterans Affairs to identify potential health risks and challenges utilizing data on long term healthcare, health risks, and genomic data collected from veteran populations. The Secretary shall carry out this program through a competitive, merit- reviewed process, and consider applications from National Laboratories, institutions of higher education, multi-institutional collaborations, and other appropriate entities. (b) Program Components.--In carrying out the program established under subsection (a), the Secretary may-- (1) conduct basic research in modeling and simulation, machine learning, large scale data analytics, and predictive analysis in order to develop novel or optimized algorithms for prediction of disease treatment and recovery; (2) develop methods to accommodate large data sets with variable quality and scale, and to provide insight and models for complex systems; (3) develop new approaches and maximize the use of algorithms developed through artificial intelligence, machine learning, data analytics, natural language processing, modeling and simulation, and develop new algorithms suitable for high performance computing systems and large biomedical data sets; (4) advance existing and construct new data enclaves capable of securely storing data sets provided by the Department of Veterans Affairs, Department of Defense, and other sources; and (5) promote collaboration and data sharing between National Laboratories, research entities, and user facilities of the Department by providing the necessary access and secure data transfer capabilities. (c) Coordination.--In carrying out the program required under subsection (a), the Secretary is authorized to-- (1) enter into memoranda of understanding in order to carry out reimbursable agreements with the Department of Veterans Affairs and other entities in order to maximize the effectiveness of Department of Energy research and development to improve veterans' healthcare; (2) consult with the Department of Veterans Affairs and other Federal agencies as appropriate; and (3) ensure that data storage meets all privacy and security requirements established by the Department of Veterans Affairs, and that access to data is provided in accordance with relevant Department of Veterans Affairs data access policies, including informed consent. (d) Report.--Not later than two years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Science, Space, and Technology and the Committee on Veterans' Affairs of the House of Representatives, and the Committee on Energy and Natural Resources and the Committee on Veterans' Affairs of the Senate, a report detailing the effectiveness of-- (1) the interagency coordination between each Federal agency involved in the research program carried out under this section; (2) collaborative research achievements of the program; and (3) potential opportunities to expand the technical capabilities of the Department. (e) Funding.--The Secretary of Veterans Affairs shall devote $27,000,000 to carry out the activities authorized under this section during fiscal years 2019 through 2023, subject to the availability of appropriations, to come from amounts made available for medical and prosthetic research. This section shall be carried out using funds otherwise appropriated by law after the date of enactment of this Act. SEC. 5. ARTIFICIAL INTELLIGENCE, DATA ANALYTICS, AND COMPUTATIONAL RESEARCH PILOT PROGRAM. (a) In General.--The Secretary shall carry out a pilot program to develop tools for big data analytics by utilizing data sets generated by Federal agencies, institutions of higher education, nonprofit research organizations, and industry in order to advance artificial intelligence technologies to solve complex, big data challenges. The Secretary shall carry out this program through a competitive, merit- reviewed process, and consider applications from National Laboratories, institutions of higher education, multi-institutional collaborations, and other appropriate entities. (b) Program Components.--In carrying out the pilot program established under subsection (a), the Secretary may-- (1) establish a cross-cutting research initiative to prevent duplication and coordinate research efforts in artificial intelligence and data analytics across the Department; (2) conduct basic research in modeling and simulation, artificial intelligence, machine learning, large scale data analytics, natural language processing, and predictive analysis in order to develop novel or optimized predictive algorithms suitable for high performance computing systems and large biomedical data sets; (3) develop multivariate optimization models to accommodate large data sets with variable quality and scale in order to visualize complex systems; (4) establish multiple scientific computing user facilities to serve as data enclaves capable of securely storing data sets created by Federal agencies, institutions of higher education, nonprofit organizations, or industry at National Laboratories; and (5) promote collaboration and data sharing between National Laboratories, research entities, and user facilities of the Department by providing the necessary access and secure data transfer capabilities. (c) Report.--Not later than two years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report evaluating the effectiveness of the pilot program under subsection (a), including basic research discoveries achieved in the course of the program and potential opportunities to expand the technical capabilities of the Department through the development of artificial intelligence and data analytics technologies. (d) Funding.--For purposes of carrying out this section, the Secretary of Energy shall devote $52,000,000 to carry out this section, which shall include $26,000,000 for each fiscal years 2019 and 2020, subject to the availability of appropriations. This section shall be carried out using funds otherwise appropriated by law after the date of enactment of this Act. SEC. 6. SPENDING LIMITATION. No additional funds are authorized to be appropriated to carry out this Act and the amendments made by this Act, and this Act and such amendments shall be carried out using amounts otherwise available for such purpose. Passed the House of Representatives September 25, 2018. Attest: KAREN L. HAAS, Clerk.

Department of Energy Veterans' Health Initiative Act (Sec. 4) This bill directs the Department of Energy (DOE) to establish a research program in artificial intelligence and high-performance computing that is focused on the development of tools to: (1) solve big data challenges associated with veterans' health care, and (2) support the Department of Veterans Affairs in identifying potential health risks and challenges. (Sec. 5) DOE shall carry out a pilot program to develop tools for big data analytics in order to advance artificial intelligence technologies to solve complex big data challenges.

{"src": "billsum_train", "title": "Department of Energy Veterans\u2019 Health Initiative Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``The Buy American Enhancement Act of 2011''. SEC. 2. DOMESTIC CONTENT REQUIREMENT FOR THE BUY AMERICAN ACT. (a) Substantially All Defined.--Section 8301 of title 41, United States Code, is amended-- (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following new paragraph: ``(2) Substantially all.--Articles, materials, or supplies shall be treated as made substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States if the cost of the domestic components of such articles, materials, or supplies exceeds 75 percent of the total cost of all components of such articles, materials, or supplies.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect not later than 180 days after the date of the enactment of this Act. SEC. 3. REQUIREMENT FOR INDIRECT CONTRACTS TO COMPLY WITH THE BUY AMERICAN ACT. (a) Contract Requirement.--The head of each Federal agency shall ensure that each contract described in subsection (b) awarded by such Federal agency includes a provision requiring any articles, materials, and supplies provided under the contract to comply with chapter 83 of title 41, United States Code (popularly referred to as the ``Buy American Act''), subject to the exceptions to that chapter provided in the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.) or otherwise provided by law. (b) Contracts Described.--The contracts described in this subsection include each of the following: (1) Housing leases, including military housing provided by a private entity. (2) Power purchase agreements. (3) Enhanced-use leases. (4) Energy savings performance contracts. (5) Utility energy service contracts. SEC. 4. BUY AMERICAN WAIVER REPORTING REQUIREMENT. (a) Waiver Defined.--Section 8301 of title 41, United States Code, as amended by section 2, is further amended by adding at the end the following new paragraph: ``(4) Waiver.--The term `waiver' means, with respect to the acquisition of an article, material, or supply for public use, the inapplicability of this chapter to the acquisition by reason of any of the following: ``(A) A determination by the head of the Federal agency concerned that the acquisition is inconsistent with the public interest. ``(B) A determination by the head of the Federal agency concerned that the cost of the acquisition is unreasonable. ``(C) Use outside of the United States. ``(D) A determination by the head of the Federal agency concerned that the article, material, or supply is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality. ``(E) Procured under a contract with an award value that is not more than the micro-purchase threshold under section 1902 of this title. ``(F) An exception under the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.). ``(G) Any other exception otherwise provided by law.''. (b) Waiver Reporting Requirement.--Section 8302 of title 41, United States Code, is amended by adding at the end the following new section: ``(c) Waiver Reporting Requirement.--The head of each Federal agency shall establish a location on the website of such agency for the publication of waivers accessible by the public and shall publish a list at such location of each waiver granted under this chapter not later than 30 days after such waiver is granted.''. (c) Effective Date.--The amendments made by this section shall take effect not later than 180 days after the date of the enactment of this Act. SEC. 5. IMPLEMENTATION THROUGH THE FEDERAL ACQUISITION REGULATION. Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised as necessary to implement the provisions of this Act. SEC. 6. DEFINITIONS. In this Act: (1) Energy savings performance contract.--The term ``energy savings performance contract'' has the meaning given that term under section 436.31 of title 10, Code of Federal Regulations. (2) Federal agency.--The term ``Federal agency'' means any executive agency (as defined in section 133 of title 41, United States Code) or any establishment in the legislative or judicial branch of the Federal Government.

Buy American Enhancement Act of 2011 - Defines "substantially all" for purposes of Buy American requirements to mean that articles, materials, or supplies shall be treated as made substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States if the cost of the domestic components of such items exceeds 75% of the total cost of all such items. Requires the head of each federal agency to ensure that certain contracts awarded by such agency include a provision requiring compliance with Buy American requirements. Defines "waiver" for purposes of Buy American requirements.  Requires the head of each federal agency to publish on the agency website a list of each waiver of such requirements within 30 days after it is granted.

{"src": "billsum_train", "title": "To amend title 41, United States Code, to increase the American-made content requirement for the Buy American Act, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Jobs in Your State Act of 2010''. SEC. 2. PROHIBITION ON USE OF CERTAIN STIMULUS AND DISASTER RELIEF FUNDS FOR BUSINESS RELOCATION INCENTIVES. (a) In General.--A State or a political subdivision of a State may not use any funds described in subsection (b) as an incentive for a business-- (1) to relocate a plant, facility, or other operation, in whole or in part, from one State to another; or (2) to expand such an operation in a State in a manner that will result in a reduction in such an operation in another State. (b) Funds Described.--The funds described in this subsection are the following: (1) Funds made available under any of the following: (A) The American Recovery and Reinvestment Act of 2009 (Public Law 111-5) or any amendment made by such Act. (B) The Hiring Incentives to Restore Employment Act (Public Law 111-147) or any amendment made by such Act. (C) Public Law 111-226 (relating to education jobs and Medicaid payments to States) or any amendment made by such Public Law. (D) The Small Business Jobs Act of 2010 (H.R. 5297, as enacted into law) or any amendment made by such Act. (E) The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5211 et seq.). (2) Funds for disaster relief administered by the Secretary of Homeland Security. (c) Enforcement.-- (1) Petition.-- (A) By political subdivision of state to governor.--A political subdivision of a State may submit to the Governor of such State a petition stating that the political subdivision has been adversely affected by a violation of subsection (a) and requesting that the Governor submit to the Secretary of Commerce a petition for an investigation of whether a violation has occurred. (B) By governor to secretary of commerce.--A Governor who receives a petition under subparagraph (A) may submit to the Secretary of Commerce a petition for an investigation of whether a violation of subsection (a) has occurred. (2) Investigation by secretary of commerce.--Upon receiving a petition from a Governor under paragraph (1)(B), the Secretary of Commerce shall conduct an investigation to determine whether a violation of subsection (a) has occurred. (3) Results of investigation; referral to secretary of the treasury.--If the Secretary of Commerce determines under paragraph (2) that a violation of subsection (a) has occurred, the State that committed the violation (or in the case of a violation by a political subdivision of a State, the State of which such political subdivision is a part) shall be liable to the United States for the amount of funds used in violation of such subsection. The Secretary of Commerce shall inform the Secretary of the Treasury that the United States has a claim against such State. (4) Collection by secretary of the treasury.--If the Secretary of the Treasury is informed under paragraph (3) that the United States has a claim against a State, the Secretary shall take such action as is necessary to collect on such claim. (5) Prohibition on receipt of certain funds until repayment made.--A State that is determined to be liable to the United States under paragraph (3) shall not receive any funds described in subsection (b) during the period beginning on the date of the determination of liability and ending on the date on which the State fully repays to the United States the amount of funds used in violation of subsection (a). (6) Rule of construction.--Nothing in this subsection shall be construed to limit the authority or responsibility of any other Federal official to enforce subsection (a) under other Federal law. (d) GAO Report.--Biannually during the 5-year period that ends on the date that is 5 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the impact of the preceding provisions of this section. Such a report shall include, for the period covered by the report-- (1) a statement of the number of petitions received by the Secretary of Commerce under subsection (c)(1)(B) and a summary of the disposition of such petitions, including a list of the instances in which the Secretary found violations of subsection (a); (2) a list of any claims of the United States described in subsection (c)(3) that arose, were outstanding, or were collected in whole or in part; and (3) a list of any funds that were withheld under subsection (c)(5). (e) State Defined.--In this section, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands. (f) Effective Date.--This section shall apply with respect to funds obligated by a State or a political subdivision of a State after the date of the enactment of this Act.

Protecting Jobs in Your State Act of 2010 - Prohibits a state or a political subdivision from using funds made available under the American Recovery and Reinvestment Act of 2009 (ARRA), the Hiring Incentives to Restore Employment Act, Public Law 111-226 (relating to education jobs and Medicaid payments to states), the Small Business Jobs Act of 2010, or the Robert T. Stafford Disaster Relief and Emergency Assistance Act, or funds for disaster relief administered by the Secretary of Homeland Security (DHS), as an incentive for a business to: (1) relocate a plant, facility, or other operation from one state to another; or (2) expand an operation in a state in a manner that will result in a reduction in such an operation in another state. Authorizes a political subdivision to submit to the state governor a petition stating that it has been adversely affected by a violation of such prohibition and requesting that the governor submit to the Secretary of Commerce a petition for an investigation. Provides that if the Secretary determines that a violation has occurred, the state in which such a violation was committed shall be liable to the United States for the amount of funds involved. Prohibits such a state from receiving any other funds under such Acts until it fully repays such amount to the United States. Directs the Comptroller General, biannually during the period that ends five years after this Act's enactment, to submit to specified committees a report on the impact of such provisions, including: (1) a statement of the number of petitions received by the Secretary of Commerce and a summary of the disposition of such petitions; (2) a list of U.S. claims that arose, were outstanding, or were collected; and (3) a list of any funds withheld.

{"src": "billsum_train", "title": "To prohibit the use of certain stimulus and disaster relief funds for business relocation incentives."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Empower States Act of 2012''. SEC. 2. FINDINGS. Congress finds that-- (1) the United States is dependent on adequate, affordable energy supplies from diverse sources for continued economic stability and growth, national security, and maintenance and enhancement of the quality of life of the people of the United States; (2) domestically produced natural gas and oil provide jobs and economic opportunity to the people of the United States and revenue to the States, including educational programs of the States; (3) volatile energy prices, as well as dependence on oil from Middle East sources, have a detrimental effect on the economy and security of the United States; (4) States have a long record of protecting human health and the environment while enabling increased energy development; (5) hydraulic fracturing is, and has been for decades, a common operation used in exploration and production by the oil and gas industry; (6) the regulation of oil and gas exploration and production activities, including hydraulic fracturing, has traditionally been the within the province of the States; and (7) States, that regulate oil and gas production, have comprehensive laws and regulations to ensure safe operations and drinking water. SEC. 3. STATE PRIMACY REGARDING SAFE DRINKING WATER. (a) Authority of Administrator.--Section 1414 of the Safe Drinking Water Act (42 U.S.C. 300g-3) is amended-- (1) in subsection (b), by striking ``(b) The Administrator'' and all that follows through ``The court may enter'' and inserting the following: ``(b) Enforcement Actions.-- ``(1) In general.--Subject to paragraph (2), the Administrator may bring a civil action in the appropriate United States district court to require compliance with any applicable requirement, with an order issued under subsection (g), or with any schedule or other requirement imposed pursuant to a variance or exemption granted under section 1415 or 1416, if the order, schedule, or other requirement is-- ``(A) authorized under paragraph (1) or (2) of subsection (a); or ``(B) requested by-- ``(i) the chief executive officer of the State in which is located the public water system that is not in compliance with such regulation or requirement; or ``(ii) the State agency with jurisdiction over compliance by public water systems in the State with national primary drinking water regulations or State drinking water regulations. ``(2) Requirement.--Notwithstanding paragraph (1), the Administrator may not take any enforcement action against a State that has primary enforcement responsibility for public water systems (within the meaning of section 1413(a)) or a company or individual within the State pursuant to this subsection, section 1423, or any other provision of law, unless-- ``(A) the Administrator determines that there is an imminent and substantial danger to the public health or environment; and ``(B) the State failed to take corrective action. ``(3) Action by court.--The court may enter''; (2) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and (3) by inserting after subsection (g) the following: ``(h) Amendment or Revocation.--The Administrator may not amend or revoke any program of a State with partial or total primary enforcement responsibility under this section unless the Administrator determines, by clear and convincing evidence, that the program fails to effectively protect drinking water in the State.''. (b) Regulations.--Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is amended by adding at the end the following: ``SEC. 1459. REGULATIONS. ``(a) Comments Relating to Oil and Gas Exploration and Production.--Before issuing or promulgating any guideline or regulation relating to oil and gas exploration and production on Federal, State, tribal, or fee land pursuant to this Act, the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), or any other provision of law or Executive order, the head of a Federal department or agency shall seek comments from and consult with the head of each affected State, State agency, and Indian tribe at a location within the jurisdiction of the State or Indian tribe, as applicable. ``(b) Statement of Energy and Economic Impact.--Each Federal department or agency shall develop a Statement of Energy and Economic Impact, which shall consist of a detailed statement and analysis supported by credible objective evidence relating to-- ``(1) any adverse effects on energy supply, distribution, or use, including a shortfall in supply, price increases, and increased use of foreign supplies; and ``(2) any impact on the domestic economy if the action is taken, including the loss of jobs and decrease of revenue to each of the general and educational funds of the State or affected Indian tribe. ``(c) Regulations.-- ``(1) In general.--A Federal department or agency shall not impose any new or modified regulation unless the head of the applicable Federal department or agency determines-- ``(A) that the rule is necessary to prevent immediate harm to human health or the environment; and ``(B) by clear and convincing evidence, that the State or Indian tribe does not have an existing reasonable alternative to the proposed regulation. ``(2) Disclosure.--Any Federal regulation promulgated on or after the date of enactment of this paragraph that requires disclosure of hydraulic fracturing chemicals shall refer to the database managed by the Ground Water Protection Council and the Interstate Oil and Gas Compact Commission (as in effect on the date of enactment of this Act). ``(d) Judicial Review.-- ``(1) In general.--With respect to any regulation described in this section-- ``(A) a State or Indian tribe adversely affected by an action carried out under the regulation shall be entitled to review by a United States district court located in the State or the District of Columbia of compliance by the applicable Federal department or agency with the requirements of this section; ``(B) an entity that is adversely affected by an action carried out under the regulation-- ``(i) may intervene in a review action carried out under subparagraph (A) by the State in which the adverse effect to the entity has occurred or would occur; and ``(ii) shall be entitled to the same judicial review as a State under subparagraph (A) if, not later than 90 days after the date of receipt of a petition from the entity, the State in which the adverse effect to the entity has occurred or would occur fails to seek judicial review pursuant to subparagraph (A). ``(2) Action by court.-- ``(A) In general.--A district court providing review under this subsection may enjoin or mandate any action by a relevant Federal department or agency until the district court determines that the department or agency has complied with the requirements of this section. ``(B) Damages.--The court shall not order money damages. ``(3) Scope and standard of review.--In reviewing a regulation under this subsection-- ``(A) the court shall not consider any evidence outside of the record that was before the agency; and ``(B) the standard of review shall be de novo.''.

Empower States Act of 2012 - Amends the Safe Drinking Water Act, with respect to enforcement of drinking water regulations, to prohibit the Administrator of the Environmental Protection Agency (EPA) from taking any enforcement action against a state with primary enforcement responsibility for public water systems or a company or individual within the state, unless: (1) the Administrator determines that there is an imminent and substantial danger to the public health or environment, and (2) the state failed to take corrective action. Prohibits the Administrator from amending or revoking any program of a state with partial or total primary enforcement responsibility unless the Administrator determines, by clear and convincing evidence, that the program fails to effectively protect drinking water in the state. Requires the head of a federal department or agency, before issuing or promulgating any guideline or regulation relating to oil and gas exploration and production on federal, state, tribal, or fee land pursuant to federal law or executive order, to seek comments from and consult with the head of each affected state, state agency, and Indian tribe at a location within their jurisdiction. Requires federal departments and agencies to develop Statements of Energy and Economic Impact that detail and analyze: (1) adverse effects of an action on energy supply, distribution, or use; and (2) impact on the domestic economy if the action is taken. Prohibits imposition of any new or modified oil and gas regulation unless the head of the applicable department or agency determines: (1) that the rule is necessary to prevent immediate harm to human health or the environment, and (2) by clear and convincing evidence that the state or tribe does not have an existing reasonable alternative to the proposed regulation. Requires any regulation promulgated after enactment of this Act that requires disclosure of hydraulic fracturing chemicals to refer to the database managed by the Ground Water Protection Council and the Interstate Oil and Gas Compact Commission. Sets forth procedures for judicial review of such regulations.

{"src": "billsum_train", "title": "A bill to recognize the primacy of States, provide for the consideration of the economic impact of additional regulations, and provide for standards and requirements relating to certain guidelines and regulations relating to health and the environment."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Anna Westin Act of 2015''. SEC. 2. TABLE OF CONTENTS. The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Findings. Sec. 4. Definition. Sec. 5. Training and education. Sec. 6. Education and training for health professionals. Sec. 7. Education and training for school and higher education professionals. Sec. 8. Public service announcements. Sec. 9. Clarifying application of existing parity law. Sec. 10. Prohibition on new appropriations. SEC. 3. FINDINGS. The Congress finds the following: (1) Risk of death among individuals with anorexia nervosa is 18 times greater than among individuals of the same age without anorexia. It is estimated that at least one person dies every 62 minutes from an eating disorder: at least 23 persons each day. (2) Health consequences such as osteoporosis (brittle bones), gastrointestinal complications, cardiac, and dental problems are significant health and financial burdens throughout life. (3) At lowest estimate, 14,500,000 people in the United States suffer from eating disorders. One percent of adolescent boys and 2 percent of adolescent girls suffer from eating disorders. Eating disorders account for at least 4 percent of all childhood hospitalizations. (4) Eating disorders are treatable biopsychosocial illnesses. There is a high rate of comorbidity with other illnesses such as depression, substance abuse, or anxiety disorders. (5) Anorexia nervosa is an eating disorder characterized by self-starvation, weight loss, fear of gaining weight, and disturbances in the way in which one's body weight or shape is experienced. (6) Anorexia nervosa is associated with serious health consequences including heart failure, kidney failure, osteoporosis, and death. People who suffer anorexia nervosa are 57 times more likely to die of suicide than their peers. (7) Current estimates of the lifetime prevalence of bulimia nervosa are between 0.9 and 1.5 percent among women and between 0.1 and 0.5 percent among men. (8) Bulimia nervosa is associated with serious health consequences, including cardiac, gastrointestinal, and dental problems including irregular heartbeats, gastric rupture, peptic ulcer, tooth decay, and death. (9) Binge eating disorder is characterized by frequent episodes of uncontrolled overeating. Binge eating disorder is common: at lowest estimate, 3.5 percent of women in the United States and 2.0 percent of men in the United States will suffer from this disorder in their lifetimes. (10) Binge eating is often associated with obesity, high blood pressure, elevated cholesterol levels, elevated triglyceride levels, increased risk of bowel, breast, and reproductive cancers, increased risk of diabetes, and increased risk of arthritic damage to the joints. (11) Many suffer from some, but not all, of the symptoms of anorexia nervosa, bulimia nervosa, or binge eating disorder, which is referred to as other specified feeding or eating disorder or ``OSFED''. Between 4 percent and 20 percent of young women practice unhealthy patterns of dieting, purging, and binge eating. (12) Eating disorders are more common in women, but they do occur in men. Rates of binge eating disorder are similar in females and males. (13) Academic evidence has demonstrated a connection between the use of very thin models in advertising and consumer attitudes toward a brand based on such advertising, as well as a material influence of the use of such models on consumer purchase intent, conduct, and reliance. (14) Eating disorders appear across all age groups, races, ethnicities, and socioeconomic groups in the United States and are associated with substantial psychological problems, including depression, substance abuse, and suicide. For children 12 years of age and younger, hospitalizations for eating disorders increased by 119 percent between 1999 and 2006. SEC. 4. DEFINITIONS. In this Act-- (1) the term ``eating disorder'' includes anorexia nervosa, bulimia nervosa, binge eating disorder, and other specified feeding or eating disorders, as defined in the fifth edition of ``Diagnostic and Statistical Manual of Mental Disorders'', published by the American Psychiatric Association or, if applicable, the most recent successor edition; and (2) the term ``Secretary'' means the Secretary of Health and Human Services. SEC. 5. TRAINING AND EDUCATION. Subject to section 10, the Secretary, acting through the Director of the Office on Women's Health of the Department of Health and Human Services and in consultation with the Secretary of Education, shall-- (1) revise and then reinstate the BodyWise Handbook of the Department of Education and related fact sheets and resource lists available on the public Internet Website of the National Women's Health Information Center sponsored by the Office on Women's Health, to include-- (A) updated findings and conclusions as needed; and (B) thorough information about eating disorders relating to males and females; (2) incorporate, as appropriate, information from such BodyWise Handbook and related fact sheets and resource lists into the curriculum of the BodyWorks obesity prevention program developed by the Office on Women's Health, and training modules used in such obesity prevention program; and (3) promote and make publicly available (through a public Internet Website or other method that does not impose a fee on users) the BodyWise Handbook and related fact sheets and resource lists, as updated under paragraph (1), and the BodyWorks obesity prevention program, as updated under paragraph (2), including for purposes of educating universities and nonprofit entities on eating disorders. SEC. 6. EDUCATION AND TRAINING FOR HEALTH PROFESSIONALS. (a) In General.--Subject to section 10, the Secretary, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, shall award grants to eligible entities to integrate training into existing curricula for primary care physicians, other licensed or certified health and mental health professionals, and public health professionals that may include-- (1) early intervention and identification of eating disorders; (2) levels of treatment (including family-based, in- patient, residential, partial hospitalization programming, and intensive outpatient and outpatient treatment); (3) how to properly refer patients to treatment; (4) steps to aid in the prevention of the development of eating disordered behaviors; and (5) how to treat individuals with eating disorders. (b) Application.--An entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a plan for the use of funds that may be awarded and an evaluation of the training that will be provided. (c) Use of Funds.--An entity that receives a grant under this section shall use the funds made available through such grant to-- (1) develop a training program containing evidence-based findings, promising emerging best practices, or recommendations that pertain to the identification of, early intervention in, prevention of the development of, and treatment of, eating disorders to conduct educational training and conferences, which may include Internet-based courses and teleconferences, on-- (A) how to help prevent the development of eating disordered behaviors, identify, intervene early, and appropriately and adequately treat eating disordered patients; (B) how to identify individuals with eating disorders, and those who are at risk for suffering from eating disorders and, therefore, at risk for related severe medical and mental health conditions; (C) how to conduct a comprehensive assessment of individual and familial health risk factors; and (D) how to conduct a comprehensive assessment of a treatment plan; and (2) evaluate and report to the Secretary on the effectiveness of the training provided by such entity in increasing knowledge and changing attitudes and behaviors of trainees. SEC. 7. EDUCATION AND TRAINING FOR SCHOOL AND HIGHER EDUCATION PROFESSIONALS. (a) Grants.--Subject to section 10, the Secretary, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, shall award grants to eligible entities-- (1) to conduct educational seminars for school personnel on early identification of, intervention in, and prevention of, behaviors that are often associated with the development of eating disordered behaviors; and (2) to make resources available to individuals affected by eating disorders. (b) Educational Seminars.--As a condition on the receipt of a grant under this subsection, an eligible entity shall agree to conduct educational seminars under subsection (a)(1), taking into consideration educational materials made available through the BodyWise eating disorder initiative of the Department of Health and Human Services and relevant research on eating disorders. (c) Eligible Entity.--In this section, the term ``eligible entity'' means any State, territory, or possession of the United States, the District of Columbia, any Indian tribe or tribal organization (as defined in subsections (e) and (l), respectively, of section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)), or a public or private educational institution, including an institution of higher education. SEC. 8. PUBLIC SERVICE ANNOUNCEMENTS. (a) In General.--Subject to section 10, the Director of the National Institute of Mental Health shall conduct a program of public service announcements to educate the public on-- (1) the types of eating disorders; (2) the seriousness of eating disorders (including prevalence, comorbidities, and physical and mental health consequences); (3) how to identify, intervene, refer for treatment, and prevent behaviors that often lead to the development of eating disordered behaviors; (4) discrimination and bullying based on body size; (5) the effects of media on self-esteem and body image; and (6) the signs and symptoms of eating disorders. (b) Collaboration.--The Director of the National Institute of Mental Health shall conduct the program under subsection (a) in collaboration with-- (1) centers of excellence; and (2) community-based national nonprofit resources that support individuals affected by eating disorders and work to prevent eating disorders and address body image and weight issues. SEC. 9. CLARIFYING APPLICATION OF EXISTING PARITY LAW. (a) PHSA.--Section 2726 of the Public Health Service Act (42 U.S.C. 300gg-26) is amended-- (1) in subsection (a)(3), by adding at the end the following new subparagraph: ``(C) Treatment of permanent exclusions under mental health and substance use disorder benefits.--A group health plan or health insurance issuer offering group or individual health insurance coverage to which subparagraph (A) applies shall be considered in violation of subparagraph (A)(ii) if the mental health or substance use disorder benefits under such plan or coverage provides for a permanent exclusion from such benefits for a particular condition or disorder.''; and (2) by adding at the end the following new subsection: ``(f) Residential Treatment.--For purposes of this section, mental health and substance use disorder benefits include residential treatment.''. (b) ERISA.--Section 712 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185a) is amended-- (1) in subsection (a)(3), by adding at the end the following new subparagraph: ``(C) Treatment of permanent exclusions under mental health and substance use disorder benefits.--A group health plan (or health insurance coverage offered in connection with such a plan) to which subparagraph (A) applies shall be considered in violation of subparagraph (A)(ii) if the mental health or substance use disorder benefits under such plan (or coverage) provides for a permanent exclusion from such benefits for a particular condition or disorder.''; and (2) by adding at the end the following new subsection: ``(h) Residential Treatment.--For purposes of this section, mental health and substance use disorder benefits include residential treatment.''. (c) IRC.--Section 9812 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (a)(3), by adding at the end the following new subparagraph: ``(C) Treatment of permanent exclusions under mental health and substance use disorder benefits.--A group health plan to which subparagraph (A) applies shall be considered in violation of subparagraph (A)(ii) if the mental health or substance use disorder benefits under such plan provides for a permanent exclusion from such benefits for a particular condition or disorder.''; and (2) by adding at the end the following new subsection: ``(f) Residential Treatment.--For purposes of this section, mental health and substance use disorder benefits include residential treatment.''. (d) Limitation.--Nothing in this section or the amendments made by this section shall be construed as adding or expanding the scope of mental health or addiction services included under section 2726 of the Public Health Service Act (42 U.S.C. 300gg-26), section 712 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185a), or section 9812 of the Internal Revenue Code of 1986. SEC. 10. PROHIBITION ON NEW APPROPRIATIONS. No additional funds are authorized to be appropriated to carry out this Act or the amendments made by this Act. This Act and such amendments shall be carried out using amounts otherwise made available for such purposes.

Anna Westin Act of 2015 This bill requires the Office on Women's Health of the Department of Health and Human Services to revise, promote, and make freely available the BodyWise Handbook and BodyWorks obesity prevention program. The handbook must include information about eating disorders relating to males and females. The Substance Abuse and Mental Health Services Administration must award grants: (1) to integrate training on eating disorders into existing curricula for health, mental health, and public health professionals; and (2) to states, Indian tribes, tribal organizations, and educational institutions for seminars for school personnel on eating disorders and to make resources available to individuals affected by eating disorders. The National Institute of Mental Health must make public service announcements on eating disorders. This bill amends the Public Health Service Act, Employee Retirement Income Security Act of 1974 (ERISA), and Internal Revenue Code to prohibit health insurance coverage from permanently excluding a particular condition from mental health or substance use disorder benefits. Mental health and substance use disorder benefits include residential treatment.

{"src": "billsum_train", "title": "Anna Westin Act of 2015"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Affordable Prescription Drugs Act''. SEC. 2. COMPULSORY LICENSING OF CERTAIN PATENTED MEDICAL INVENTIONS. (a) In General.--Chapter 14 of title 35, United States Code, is amended by adding at the end the following: ``Sec. 158. Compulsory licensing ``(a) Compulsory Licensing of Certain Patented Medical Inventions.--In the case of any subject invention relating to health in which a patent holder, contractor, exclusive licensee, or assignee has acquired title under this title, the Secretary of Health and Human Services shall have the right to establish other use of the subject matter of the patent without authorization of the right holder if the Secretary makes the determination described in subsection (b). ``(b) Determination.--The determination of the Secretary of Health and Human Services referred to in subsection (a) is a determination that-- ``(1) the patent holder, contractor, licensee, or assignee referred to in subsection (a) has not taken, or is not expected to take within a reasonable time, effective steps to achieve practical application of the subject invention in a field of use; ``(2) such compulsory license is necessary to alleviate health or safety needs which are not adequately satisfied by the patent holder, contractor, licensee, or assignee; or ``(3) the patented material is priced higher than may be reasonably expected based on criteria developed by the Secretary of Commerce. ``(c) Factors in Authorizing Other Use.--In exercising the right under subsection (a) to authorize other use of the subject matter of a patent, the following shall apply: ``(1) Authorization of such use shall be considered on its individual merits. ``(2) Such use may only be permitted if, prior to such use, the proposed user has made efforts to obtain authorization from the right holder on reasonable commercial terms and conditions and that such efforts have not been successful within a reasonable period of time. This requirement may be waived in the case of a national emergency or other circumstances of extreme urgency or in cases of public noncommercial use. In situations of national emergency or other circumstances of extreme urgency, the right holder shall, nevertheless, be notified as soon as reasonably practicable. In the case of public noncommercial use, where the Government or (if applicable) a contractor of the Government, without making a patent search, knows or has demonstrable grounds to know that a valid patent is or will be used by or for the Government, the right holder shall be informed promptly. ``(3) Such use shall be nonexclusive. ``(4) Such use shall be nonassignable, except with that part of the enterprise or goodwill which enjoys such use. ``(5) Authorization for such use shall be liable, subject to adequate protection of the legitimate interests of the persons so authorized, to be terminated if and when the circumstances which led to it cease to exist and are unlikely to recur. The competent authority shall have the authority to review, upon appropriate request, the continued existence of such circumstances. ``(6) The right holder shall be paid adequate remuneration in the circumstances of each case, taking into account the economic value of the authorization. ``(7) The legal validity of any decision relating to the authorization of such use shall be subject to judicial review or other independent review by a distinct Federal authority. ``(8) Any decision relating to the remuneration provided in respect of such use shall be subject to judicial review or other independent review by a distinct Federal authority. ``(9) The condition set forth in paragraph (2) is not applicable where such use is permitted to remedy a practice determined after judicial or administrative process to be anticompetitive. The need to correct anticompetitive practices may be taken into account in determining the amount of remuneration in such cases. The competent authorities shall have the authority to refuse termination of authorization if and when the conditions which led to such authorization are likely to recur. ``(10) Where such use is authorized to permit the exploitation of a patent (`the 2nd patent') which cannot be exploited without infringing another patent (`the 1st patent'), the following additional conditions shall apply: ``(A) The invention claimed in the 2nd patent shall involve an important technical advance of considerable economic significance in relation to the invention claimed in the 1st patent. ``(B) The owner of the 1st patent shall be entitled to a cross-license on reasonable terms to use the invention claimed in the 2nd patent. ``(C) The use authorized in respect of the 1st patent shall be nonassignable except with the assignment of the 2nd patent. ``(d) Consistency With TRIPS.--Regulations adopted under subsection (a) shall be consistent with provisions of the Agreement on Trade- Related Aspects of Intellectual Property Rights referred to in section 101(d)(15) of the Uruguay Round Agreements Act.''. (b) Conforming Amendment.--the table of contents for chapter 14 of title 35, United States Code, is amended by adding at the end the following new item: ``158. Compulsory licensing.''. SEC. 3. REPORT ON PHARMACEUTICAL COSTS AND SALES. (a) Report Requirement.--Any person engaged in the manufacture and sale of any drug approved under section 505 or 512 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355, 360b) for which a patent is still in effect shall report to the Congress annually an audit of all financial information relevant to the pricing of that drug nationally and internationally, including the costs of research and development, sufficient to assess the reasonableness of that pricing, in accordance with specifications developed by the Secretary of Commerce in consultation with the Commissioner of Food and Drugs. (b) Disqualification From Participation in Federal Programs as Penalty for Noncompliance.--In the case of a person who the Secretary of Commerce determines has failed to submit a report required under subsection (a) on a timely basis, the person shall be ineligible to receive payment from the Federal Government or under any Federal program (including under the medicare and medicaid programs) for any prescription drug or biologic it manufactures or sells until the date the Secretary determines that such failure has ceased.

Requires any person engaged in the manufacture and sale of any new drug or new animal drug approved under the Federal Food, Drug, and Cosmetic Act, for which a patent is still in effect, to report annually to Congress an audit of all financial information relevant to that drug's pricing nationally and internationally, including research and development costs, sufficient to assess the reasonableness of that pricing. Requires disqualification from participation in Federal programs as a penalty for noncompliance with this reporting requirement.

{"src": "billsum_train", "title": "Affordable Prescription Drugs Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2001''. SEC. 2. ADDITIONAL PROJECT AUTHORIZATIONS. Section 4(a) of the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 (Public Law 106-576; 114 Stat. 3067) is amended by adding at the end the following: ``(5) In the United Irrigation District of Hidalgo County, Texas, a pipeline and pumping system, as identified in the study conducted by Sigler, Winston, Greenwood, and Associates, Inc., dated January 2001. ``(6) In the Cameron County, Texas, Irrigation District No. 2, proposed improvements to Canal C, as identified in the engineering report completed by Martin, Brown, and Perez, dated February 8, 2001. ``(7) In the Cameron County, Texas, Irrigation District No. 2, a proposed Canal C and Canal 13 Inner Connect, as identified in the engineering report completed by Martin, Brown, and Perez, dated February 12, 2001. ``(8) In Delta Lake Irrigation District of Hidalgo and Willacy Counties, Texas, proposed water conservation projects, as identified in the engineering report completed by AW Blair Engineering, dated February 13, 2001. ``(9) In the Hidalgo and Cameron County, Texas, Irrigation District No. 9, a proposed project to salvage spill water using automatic control of canal gates, as identified in the engineering report completed by AW Blair Engineering, dated February 14, 2001. ``(10) In the Brownsville Irrigation District of Cameron County, Texas, a proposed main canal replacement, as identified in the engineering report completed by Holdar-Garcia & Associates, dated February 14, 2001. ``(11) In the Hidalgo County, Texas, Irrigation District No. 16, a proposed off-district pump station project, as identified in the engineering report completed by Melden & Hunt, Inc., dated February 14, 2001. ``(12) In the Hidalgo County, Texas, Irrigation District No. 1, a proposed canal replacement of the North Branch East Main, as identified in the engineering analysis completed by Melden & Hunt, Inc., dated February 2001. ``(13) In the Donna (Texas) Irrigation District, a proposed improvement project, as identified in the engineering analysis completed by Melden & Hunt, Inc., dated February 13, 2001. ``(14) In the Hudspeth County, Texas, Conservation and Reclamation District No. 1-- ``(A) the Alamo Arroyo Pumping Plant water quality project, as identified in the engineering report and drawings completed by Gebliard-Sarma and Associates, dated July 1996; and ``(B) the construction of a 1,000 acre-foot off- channel regulating reservoir for the capture and conservation of irrigation water, as identified in the engineering report completed by AW Blair Engineering, dated March 2001. ``(15) In the El Paso County, Texas, Water Improvement District No. 1, the Riverside Canal Improvement Project Phase I, Reach A, a canal lining and water conservation project, as identified in the engineering report and drawings completed by AW Blair Engineering, dated November 1999. ``(16) In the Maverick County, Texas, Water Improvement and Control District No. 1, the concrete lining project of 12 miles of the Maverick Main Canal, as identified in the engineering report completed by AW Blair Engineering, dated March 2001. ``(17) In the Hidalgo County, Texas, Irrigation District No. 6, rehabilitation of 10.2 miles of concrete lining in the main canal between Lift Stations Nos. 2 and 3, as identified in the engineering report completed by AW Blair Engineering, dated March 2001. ``(18) In the Hidalgo County, Texas, Irrigation District No. 2, Wisconsin Canal Improvements, as identified in the engineering report completed by Sigler, Winston, Greenwood and Associates, Inc., dated February 2001. ``(19) In the Hidalgo County Irrigation District No. 2, Lateral `A' Canal Improvements, as identified in the engineering report completed by Sigler, Winston, Greenwood and Associates, Inc., dated July 25, 2001.''. SEC. 3. ADDITIONAL AMENDMENTS. (a) Lower Rio Grande Water Conservation and Improvement Program.-- Section 3 of the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 (Public Law 106-576; 114 Stat. 3065) is amended-- (1) in the first sentence of subsection (a), by striking ``The Secretary'' and all that follows through ``in cooperation'' and inserting ``The Secretary, acting through the Commissioner of Reclamation, shall carry out a program under cooperative agreements''; (2) by striking subsection (b) and inserting the following: ``(b) Review and Evaluation.--The Secretary shall review and evaluate project proposals in accordance with the guidelines described in the document published by the Bureau of Reclamation entitled `Guidelines for Preparing and Reviewing Proposals for Water Conservation and Improvement Projects Under Public Law 106-576', dated June 2000.''; (3) in subsection (d), by inserting before the period at the end the following: ``, including operation, maintenance, repair, and replacement''; (4) in subsection (e), by striking ``the criteria established pursuant to this section'' and inserting ``the guidelines referred to in subsection (b)''; (5) by striking subsection (f) and inserting the following: ``(f) Report Preparation; Reimbursement.-- ``(1) In general.--Subject to paragraph (2), project sponsors may choose to enter into 1 or more contracts with the Secretary under which the Secretary shall prepare the reports required under this section. ``(2) Federal share.--The Federal share of the cost of report preparation by the Secretary described in paragraph (1) shall not exceed 50 percent of the total cost of that preparation.''; and (6) in subsection (g), by striking ``$2,000,000'' and inserting ``$8,000,000''. (b) Lower Rio Grande Construction Authorization.--Section 4 of the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 (Public Law 106-576; 114 Stat. 3067) is amended-- (1) in subsection (b)-- (A) in the first sentence, by striking ``costs of any construction'' and inserting ``total project cost of any project''; and (B) in the last sentence, by striking ``spent'' and inserting ``expended''; and (2) in subsection (c), by striking ``$10,000,000'' and inserting ``$47,000,000, as adjusted to reflect the change, relative to September 30, 2001, in the Consumer Price Index for all urban consumers published by the Department of Labor''.

Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2001 - Amends the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 to: (1) authorize the construction of additional specified projects in Texas; (2) require the Secretary of the Interior, acting through the Commissioner of Reclamation, to carry out the Lower Rio Grande Water Conservation and Improvement Program through cooperative agreements; (3) require the Secretary to review and evaluate project proposals in accordance with the guidelines described in a specified Bureau of Reclamation document; (4) require the Secretary to determine that a non-Federal project sponsor is financially capable of funding the non-Federal share of the project's costs, including operation, maintenance, repair, and replacement, and whether the project meets the guidelines; (5) permit project sponsors to enter into at least one contract with the Secretary under which the Secretary shall prepare the reports required under the Act (at a Federal cost share not to exceed 50 percent); (6) increase the authorization of appropriations for carrying out the Program; and (7) limit the non-Federal share of the total cost of any project carried out under or with assistance provided under the Act to 50 percent.

{"src": "billsum_train", "title": "A bill to amend the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 to authorize additional projects under that Act, and for other purposes."}

SECTION 1. MODIFICATIONS TO EARNED INCOME TAX CREDIT. (a) Modifications in Computation of Credit; Supplemental Child Credit.-- (1) Percentages.--Subsection (b) of section 32 of the Internal Revenue Code of 1986 (relating to earned income tax credit) is amended to read as follows: ``(b) Percentages.-- ``(1) In general.--For purposes of subsection (a), the credit percentage and the phaseout percentage shall be determined as follows: In the case of an eligible individual with: The credit percentage is: The phaseout percentage is: 1 qualifying child.......... 30.............................. 17 2 or more qualifying children................... 42.............................. 21 ``(2) Supplemental child credit.--In the case of a taxpayer with a qualifying child who has not attained 6 as of the close of the calendar year in which or with which the taxable year of the taxpayer ends-- ``(A) the credit percentage shall be increased by 5 percentage points for each such child, and ``(B) the phaseout percentage shall be increased by 2 percentage points for each such child. Not more than 4 children may be taken into account under this paragraph.'' (2) Uniform Earned Income Amounts and Phaseout Amounts.-- Subsection (a) of section 32 of such Code is amended-- (A) by striking ``the earned income amount'' each place it appears and inserting ``$8,500'', and (B) by striking ``the phaseout amount'' in paragraph (2)(B) and inserting ``$10,000''. (b) Repeal of Credit for Individuals Without Children.-- Subparagraph (A) of section 32(c)(1) of such Code is amended to read as follows: ``(A) In general.--The term `eligible individual' means any individual who has a qualifying child for the taxable year.'' (c) Qualifying Children Must Be Under 18 Years of Age or Disabled.--Subparagraph (C) of section 32(c)(3) of such Code is amended by striking ``19'' in paragraph (1) and inserting ``18'', by adding ``and'' at the end of paragraph (1), by striking paragraph (2), and by redesignating paragraph (3) as paragraph (2). (d) Advance Payment Provisions.-- (1) Subsection (b) of section 3507 of such Code is amended by striking ``and'' at the end of paragraph (3), by striking the period at the end of paragraph (4) and inserting ``, and'', and by inserting after paragraph (4) the following new paragraph: ``(5) states the number and ages of qualifying children (as defined in section 32(c)) of the employee for the taxable year.'' (2) Paragraph (2) of section 3507(c) of such Code is amended-- (A) by striking clauses (i) and (ii) of subparagraph (B) and inserting the following: ``(i) of not more than the credit percentage of earned income not in excess of $8,500, which ``(ii) phases out at the phaseout percentage between $10,000 and the amount of earned income at which the credit under section 32(a) phases out for such employee, or'', and (B) by adding at the end the following new sentence: ``For purposes of this paragraph, the credit percentage and the phaseout percentage shall be determined under section 32(b) on the basis of the number and ages of qualifying children specified in the earned income eligibility certificate of the employee.'' (3) Clause (i) of section 3507(e)(3)(A) of such Code is amended by inserting before ``, or'' the following: ``(or changing the percentages applicable to the employee under section 32(b) for the taxable year)''. (e) Verification of Taxpayer Identification Numbers.--Section 32 of such Code is amended by adding at the end the following new subsection: ``(k) Verification of Taxpayer Identification Numbers.--No credit shall be allowed under this section to any taxpayer until the Secretary has verified that the numbers set forth on the return claiming the credit as-- ``(1) the taxpayer identification number of the taxpayer, and ``(2) the taxpayer identification numbers of all qualifying children, are valid.'' (f) Conforming Amendment.--Subsection (i) of section 32 of such Code is amended to read as follows: ``(i) Inflation Adjustment.-- ``(1) In general.--In the case of any taxable year beginning after 1996, each credit percentage used for purposes of subsection (a) shall be increased by an amount equal to-- ``(A) such percentage, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins by substituting `1995' for `1992' in subparagraph (B) thereof. ``(2) Rounding.--If any percentage after being increased under paragraph (1) is not a multiple of 0.01 percentage point, such percentage shall be rounded to the nearest 0.01 percentage point.'' (g) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995; except that the amendments made by subsection (d) shall take effect on January 1, 1996.

Amends the Internal Revenue Code to modify the earned income credit. Allows a supplemental child credit for each qualifying child who has not attained age six. Limits such credit to four children. Establishes the earned income amount and the phaseout amount to be used in determining the earned income credit (currently tables determine such amounts based on the number of qualifying children). Repeals the use of such credit by individuals without children. Lowers the qualifying age requirement from under 19 years to under 18 years. Repeals the qualification of students under the age of 24. Requires the verification of taxpayer identification numbers on returns claiming the earned income credit.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to reform the earned income tax credit."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alaska Federal Lands Management Demonstration Project Act''. SEC. 2. FINDINGS. (a) Findings.--Congress finds the following: (1) The Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.) established new and expanded units of the National Park System and the National Wildlife Refuge System in many areas of Alaska. The purposes of these conservation system units include protection of habitat for fish and wildlife, conservation of fish and wildlife populations, continued opportunity for subsistence uses by local residents, and protection of archeological sites associated with Alaska Native cultures. (2) Many rural Alaskan communities are in close proximity to conservation system units and the purposes of these conservation system units are uniquely relevant to the culture and ways of Alaska Natives and other residents of rural Alaska communities. Congress recognized this close relationship in sections 1306, 1307, and 1308 of the Alaska National Interest Lands Conservation Act, which directed the Secretary of the Interior to establish programs whereby Alaska Native lands were given preference for the siting of conservation system unit facilities, Alaska Native corporations and local residents were given preference for the provision of visitor services, and local residents were given preference for employment. (b) Purposes.--The purposes of this Act are as follows: (1) To promote innovative management strategies that are designed to lead to greater efficiency in conservation system unit management. (2) To expand Alaska Native contracting opportunities. (3) To increase local native employment in Alaska. (4) To further the unique purposes of conservation system units as they relate to subsistence practices, Alaska Native culture, and the conservation of fish and wildlife habitat and populations. SEC. 3. ALASKA FEDERAL LANDS MANAGEMENT DEMONSTRATION PROJECT. (a) In General.--The Secretary shall carry out a program within the Department of the Interior to be known as the ``Alaska Federal Lands Management Demonstration Project'' by which 12 Indian tribes or tribal organizations may contract to perform administrative and management functions, construction, maintenance, data collection, biological research, and harvest monitoring on conservation system units in Alaska. (b) Participation.--During each of the 2 fiscal years immediately following the date of the enactment of this Act, the Secretary shall select, in a manner to achieve geographic representation within Alaska, not less than 6 eligible Indian tribes or tribal organizations per year to participate in the demonstration project. (c) Eligibility.--To be eligible to participate in the demonstration project, an Indian tribe or tribal organization, shall-- (1) request participation by resolution or other official action of the governing body of the Indian tribe or tribal organization; (2) demonstrate financial and management stability and capability, as evidenced by the Indian tribe or tribal organization having no unresolved significant and material audit exceptions for the previous 3 fiscal years; and (3) demonstrate significant use of or dependency upon the relevant conservation system unit or other public land unit for which programs, functions, services, and activities are requested to be placed under contract. (d) Priority.--If the Secretary receives a request to contract specific conservation system unit programs, services, functions, and activities, or portions thereof, from more than one Indian tribe or tribal organization meeting the criteria set forth in subsection (c), the Secretary shall apply the priority selection criteria applied by the Alaska Region of the Bureau of Indian Affairs for contracting pursuant to the Indian Self-Determination and Education Assistance Act. If, after applying such criteria, more than one eligible Indian tribe or tribal organization remains and such Indian tribes or tribal organizations have overlapping requests to negotiate and contract for the same programs, services, functions, and activities, or portions thereof, the Secretary may require such Indian tribes or tribal organizations to agree regarding which Indian tribe or tribal organization shall have the ability to contract or to submit a joint request prior to entering into negotiations. (e) Planning Phase.--Each Indian tribe and tribal organization selected by the Secretary to participate in the demonstration project shall complete a planning phase prior to negotiating and entering into a conservation system unit management contract. The planning phase shall be conducted to the satisfaction of the Secretary, Indian tribe, or tribal organization, and shall include-- (1) legal and budgetary research; and (2) internal tribal planning and organizational preparation. (f) Contracts.-- (1) In general.--Upon request of a participating Indian tribe or tribal organization that has completed the planning phase pursuant to subsection (e), the Secretary shall negotiate and enter into a contract with the Indian tribe or tribal organization for the Indian tribe or tribal organization to plan, conduct, and administer programs, services, functions, and activities, or portions thereof, as described in subsection (a), requested by the Indian tribe or tribal organization and related to the administration of a conservation system unit that is substantially located within the geographic region of the Indian tribe or tribal organization. (2) Time limitation for negotiation of contracts.--Not later than 90 days after a participating Indian tribe or tribal organization has notified the Secretary that it has completed the planning phase required by subsection (e), the Secretary shall initiate and conclude negotiations, unless an alternative negotiation and implementation schedule is otherwise agreed to by the parties. The declination and appeals provisions of the Indian Self-Determination and Education Assistance Act, including section 110 of such Act, shall apply to contracts and agreements requested and negotiated under this Act. (g) Contract Administration.-- (1) Inclusion of certain terms.--At the request of the contracting Indian tribe or tribal organization, the benefits, privileges, terms, and conditions of agreements entered into pursuant to titles I and IV of the Indian Self-Determination and Education Assistance Act may be included in a contract entered into under this Act. If any provisions of the Indian Self-Determination and Education Assistance Act are incorporated, they shall have the same force and effect as if set out in full in this Act and shall apply notwithstanding any other provision of law. The parties may include such other terms and conditions as are mutually agreed to and not otherwise contrary to law. (2) Audit.--Contracts entered into under this Act shall provide for a single-agency audit report to be filed as required by chapter 75 of title 31, United States Code. (3) Transfer of employees.--Any career Federal employee employed at the time of the transfer of an operation or program to an Indian tribe or tribal organization shall not be separated from Federal service by reason of such transfer. Intergovernmental personnel actions may be used to transfer supervision of such employees to the contracting Indian tribe or tribal organization. Such transferred employees shall be given priority placement for any available position within their respective agency, notwithstanding any priority reemployment lists, directives, rules, regulations, or other orders from the Department of the Interior, the Office of Management and Budget, or other Federal agencies. (h) Available Funding; Payment.--Under the terms of a contract negotiated pursuant to subsection (f), the Secretary shall provide each Indian tribe or tribal organization funds in an amount not less than the Secretary would have otherwise provided for the operation of the requested programs, services, functions, and activities. Contracts entered into under this Act shall provide for advance payments to the tribal organizations in the form of annual or semiannual installments. (i) Timing; Contract Authorization Period.--An Indian tribe or tribal organization selected to participate in the demonstration project shall complete the planning phase required by subsection (e) not later than 1 calendar year after the date that it was selected for participation and may begin implementation of its requested contract no later than the first day of the next fiscal year. The Indian tribe or tribal organization and the Secretary may agree to an alternate implementation schedule. Contracts entered into pursuant to this Act are authorized to remain in effect for 5 consecutive fiscal years, starting from the fiscal year the participating Indian tribe or tribal organization first entered into its contract under this Act. (j) Report.--Not later than 90 days after the close of each of fiscal years 2007 and 2010, the Secretary shall present to the Congress detailed reports, including a narrative, findings, and conclusions on the costs and benefits of this demonstration project. The reports shall identify remaining institutional and legal barriers to the contracting of conservation system unit management to Alaska Native entities and shall contain recommendations for improving, continuing, and expanding the demonstration project. The reports shall be authored jointly with, and shall include the separate views of, all participating Indian tribes and tribal organizations. (k) Limitations.-- (1) Revenue producing visitor services.--Contracts authorized under this Act shall not include revenue-producing visitor services, unless an agreement is reached with the most directly affected Alaska Native corporations to allow such services to be included in the contract. Such contracts shall not otherwise repeal, alter, or otherwise modify section 1307 or 1308 of the Alaska National Interests Lands Conservation Act. (2) Contracts.--Contracts authorized under this Act shall not grant or include any authority to administer or otherwise manage or oversee permits, licenses, or contracts related to sport hunting and fishing guiding activities. (3) Denali national park.--The Denali National Park shall not be subject to any of the provisions of this Act. (4) State's management authority for fish and wildlife.-- Nothing in this Act is intended to enlarge or diminish the responsibility and authority of the State of Alaska for management of fish and wildlife. (l) Planning Grants.-- (1) In general.--Subject to the availability of appropriated funds, upon application the Secretary shall award a planning grant in the amount of $100,000 to any Indian tribe or tribal organization selected for participation in the demonstration project to enable it to plan for the contracting of programs, functions, services, and activities as authorized under this Act and meet the planning phase requirement of subsection (e). An Indian tribe or tribal organization may choose to meet the planning phase requirement without applying for a grant under this subsection. No Indian tribe or tribal organization may receive more than 1 grant under this subsection. (2) Authorization of appropriations.--There is authorized to be appropriated $600,000 for each of the 2 fiscal years immediately following the date of the enactment of this Act to fund planning grants under this section. SEC. 4. KOYUKUK AND KANUTI NATIONAL WILDLIFE REFUGES DEMONSTRATION PROJECT. (a) In General.--The Secretary shall enter into contracts, compacts, or funding agreements under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) with the Koyukuk River Basin Moose Co-Management Team, Inc., upon receipt of authorizing resolutions from its member tribal or village councils, to establish a demonstration project providing programs, functions, services, and activities of the Koyukuk and Kanuti National Wildlife Refuges. (b) Assignment of Employees.--To the maximum extent possible, contracts and compacts under subsection (a) shall provide that the United States Fish and Wildlife Service shall assign employees assigned to the Koyukuk and Kanuti National Wildlife Refuges to the contractor pursuant to the Intergovernmental Personnel Act (5 U.S.C. 3371 et seq.) with all such employees maintained as Federal employees retaining all benefits and status of Federal service. SEC. 5. DEFINITIONS. For the purposes of this Act: (1) Conservation system unit.--The term ``conservation system unit'' shall have the meaning given that term in section 102(4) of the Alaska National Interest Lands Conservation Act. (2) Indian tribe.--The term ``Indian tribe'' shall have the meaning given that term in section 4(e) of the Indian Self- Determination and Education Assistance Act. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Tribal organization.--The term ``tribal organization'' shall have the meaning given that term in section 4(l) of the Indian Self-Determination and Education Assistance Act.

Alaska Federal Lands Management Demonstration Project Act - Directs the Secretary of the Interior to conduct an Alaska Federal Lands Management Demonstration Project. Requires the Secretary to select no fewer than six eligible, geographically representative tribes or tribal organizations per year (up to a maximum of 12) to perform administrative and management functions, construction, maintenance, data collection, biological research, and harvest monitoring on conservation system units in Alaska. Requires selected tribes to complete a planning phase before negotiating and contracting with the Secretary. Excludes revenue-producing visitor services unless agreed to by the Alaska Native corporations most directly affected. Excludes the Denali National Park. Provides for planning grants. Directs the Secretary to establish a demonstration project with the Koyukuk River Basin Moose Co-Management Team, Inc., for the provision of services at the Koyukuk and Kanuti National Wildlife Refuges. Authorizes the use of intergovernmental personnel actions to assign Federal employees to the contractor while retaining their Federal employment status.

{"src": "billsum_train", "title": "To expand Alaska Native contracting of Federal land management functions and activities and to promote hiring of Alaska Natives by the Federal Government within the State of Alaska, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``CEO-Employee Pay Fairness Act of 2014''. SEC. 2. EXPANSION OF DENIAL OF DEDUCTION FOR CERTAIN EXCESSIVE EMPLOYEE REMUNERATION. (a) Expanded Application of Deduction Denial if Pay Fairness Requirement Not Met.--Section 162(m) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(7) Special rule in case of companies not meeting pay fairness requirement.-- ``(A) In general.--In the case of a publicly held corporation which does not meet the pay fairness requirement of subparagraph (B) for the taxable year-- ``(i) no deduction shall be allowed under this chapter for applicable employee remuneration with respect to any employee to the extent that the amount of such remuneration for the taxable year with respect to such employee exceeds $1,000,000, and ``(ii) paragraph (4) shall be applied without regard to subparagraphs (B), (C), and (D) thereof. For purposes of the preceding sentence, the term `employee' includes any officer or director of the taxpayer and any former officer, director, or employee of the taxpayer. ``(B) Pay fairness requirement.--The pay fairness requirement of this subparagraph is satisfied if-- ``(i)(I) the average compensation paid by the taxpayer to or for all applicable United States employees for the taxable year, exceeds ``(II) the inflation and productivity growth adjusted average of such compensation for the preceding taxable year, and ``(ii) the aggregate compensation paid by the employer to or for all applicable United States employees for the taxable year is not less than the aggregate of such compensation for the preceding taxable year. ``(C) Applicable united states employee.--For purposes of this paragraph, the term `applicable United States employee' means, with respect to any taxable year, any employee-- ``(i) whose services with respect to the employer are substantially all performed within the United States, and ``(ii) whose compensation from the employer for the taxable year does not exceed the dollar amount in effect under section 414(q)(1)(B)(i) with respect to the calendar year in which such taxable year begins. ``(D) Inflation and productivity growth adjusted average.--The inflation and productivity growth adjusted average of compensation under subparagraph (B)(i)(II) for any taxable year shall be determined by multiplying-- ``(i) the average of the compensation paid by the taxpayer to or for all applicable United States employees for the taxable year, by ``(ii) the sum of the cost-of-living adjustment and the productivity adjustment for the taxable year. ``(E) Cost-of-living adjustment.--For purposes of subparagraph (D)(ii), the cost-of-living adjustment for any taxable year shall be the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `the second preceding calendar year' for `calendar year 1992' in subparagraph (B) thereof. ``(F) Productivity adjustment.--For purposes of subparagraph (D)(ii)-- ``(i) In general.--The productivity adjustment for the taxable year shall be an amount (expressed as a percentage) equal to the average annual increase in the business productivity index for the period beginning with calendar year 2000 and ending with the calendar year preceding the calender year in which the taxable year begins. ``(ii) Business productivity index.--The term `business productivity index' means the nonfarm business productivity index published by the Bureau of Labor Statistics as adjusted by the Secretary to account for depreciation. ``(G) Compensation.--For purposes of this subparagraph, the term `compensation' means, with respect to any employee, the sum of-- ``(i) the employee's wages on which the tax under section 3101(b) is imposed, plus ``(ii) any amount described in paragraph (9), (11), (12), or (14) of section 6051(a) with respect to the employee. ``(H) Aggregation rules.--Rules similar to the rules of paragraph (5)(B)(iii) shall apply for purposes of this paragraph. ``(I) Regulations.--The Secretary may prescribe such regulations as are necessary to carry out the purposes of this paragraph, including adjustments to the pay fairness requirements of subparagraph (B)-- ``(i) to prevent avoidance of this paragraph through changes in the composition of the taxpayer's workforce, and ``(ii) to account for significant, non-tax- motivated changes in the size and composition of the taxpayer's workforce (including mergers, spinoffs, or changes in the occupational composition of a taxpayer's workforce).''. (b) Modification of Definition of Covered Employees.-- (1) In general.--Paragraph (3) of section 162(m) of such Code is amended-- (A) in subparagraph (A), by striking ``as of the close of the taxable year, such employee is the chief executive officer of the taxpayer or is'' and inserting ``such employee is the chief executive officer or the chief financial officer of the taxpayer at any time during the taxable year, or was'', (B) in subparagraph (B) by striking ``(other than the chief executive officer)'' and inserting ``(other than any individual described in subparagraph (A))'', and (C) by striking ``or'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, or'', and by adding at the end the following: ``(C) was a covered employee of the taxpayer (or any predecessor) for any preceding taxable year beginning after December 31, 2014.''. (2) Technical amendment.--Section 162(m)(3)(B) of such Code is amended by striking ``4 highest'' and inserting ``3 highest''. (c) Applicable Employee Remuneration Paid to Beneficiaries, etc.-- Paragraph (4) of section 162(m) of such Code is amended by adding at the end the following new subparagraph: ``(H) Special rule for remuneration paid to beneficiaries, etc.--Remuneration shall not fail to be applicable employee remuneration merely because it is includible in the income of, or paid to, a person other than the covered employee, including after the death of the covered employee.''. (d) Expansion of Applicable Employer To Include Non-Listed Public Companies.--Paragraph (2) of section 162(m) of such Code is amended to read as follows: ``(2) Publicly held corporation.--For purposes of this subsection, the term `publicly held corporation' means any corporation which is an issuer (as defined in section 3 of the Securities Exchange Act of 1934)-- ``(A) that has a class of securities registered under section 12 of such Act, or ``(B) that is required to file reports under section 15(d) of such Act.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2014.

CEO-Employee Pay Fairness Act of 2014 - Amends the Internal Revenue Code to deny a publicly held corporation a tax deduction for the payment of performance-based remuneration in excess of $1 million to any of its current or former officers or directors if such corporation does not meet the pay fairness requirement established by this Act. Deems the pay fairness requirement to be satisfied if: (1) the average compensation paid by the employer for all applicable U.S. employees for the taxable year exceeds the inflation and productivity growth adjusted average (i.e., $115,000 in 2014) of such compensation for the preceding taxable year; and (2) the aggregate compensation paid by the employer to or for all applicable employees for the taxable year is not less than the aggregate of such compensation for the preceding taxable year. 

{"src": "billsum_train", "title": "CEO-Employee Pay Fairness Act of 2014"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``North American Energy Infrastructure Act''. SEC. 2. FINDING. Congress finds that the United States should establish a more uniform, transparent, and modern process for the construction, connection, operation, and maintenance of oil and natural gas pipelines and electric transmission facilities for the import and export of oil and natural gas and the transmission of electricity to and from Canada and Mexico, in pursuit of a more secure and efficient North American energy market. SEC. 3. AUTHORIZATION OF CERTAIN ENERGY INFRASTRUCTURE PROJECTS AT THE NATIONAL BOUNDARY OF THE UNITED STATES. (a) Authorization.--Except as provided in subsection (c) and section 7, no person may construct, connect, operate, or maintain a cross-border segment of an oil pipeline or electric transmission facility for the import or export of oil or the transmission of electricity to or from Canada or Mexico without obtaining a certificate of crossing for the construction, connection, operation, or maintenance of the cross-border segment under this section. (b) Certificate of Crossing.-- (1) Requirement.--Not later than 120 days after final action is taken under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to a cross-border segment for which a request is received under this section, the relevant official identified under paragraph (2), in consultation with appropriate Federal agencies, shall issue a certificate of crossing for the cross-border segment unless the relevant official finds that the construction, connection, operation, or maintenance of the cross-border segment is not in the public interest of the United States. (2) Relevant official.--The relevant official referred to in paragraph (1) is-- (A) the Secretary of State with respect to oil pipelines; and (B) the Secretary of Energy with respect to electric transmission facilities. (3) Additional requirement for electric transmission facilities.--In the case of a request for a certificate of crossing for the construction, connection, operation, or maintenance of a cross-border segment of an electric transmission facility, the Secretary of Energy shall require, as a condition of issuing the certificate of crossing for the request under paragraph (1), that the cross-border segment of the electric transmission facility be constructed, connected, operated, or maintained consistent with all applicable policies and standards of-- (A) the Electric Reliability Organization and the applicable regional entity; and (B) any Regional Transmission Organization or Independent System Operator with operational or functional control over the cross-border segment of the electric transmission facility. (c) Exclusions.--This section shall not apply to any construction, connection, operation, or maintenance of a cross-border segment of an oil pipeline or electric transmission facility for the import or export of oil or the transmission of electricity to or from Canada or Mexico-- (1) if the cross-border segment is operating for such import, export, or transmission as of the date of enactment of this Act; (2) if a permit described in section 6 for such construction, connection, operation, or maintenance has been issued; (3) if a certificate of crossing for such construction, connection, operation, or maintenance has previously been issued under this section; or (4) if an application for a permit described in section 6 for such construction, connection, operation, or maintenance is pending on the date of enactment of this Act, until the earlier of-- (A) the date on which such application is denied; or (B) July 1, 2016. (d) Effect of Other Laws.-- (1) Application to projects.--Nothing in this section or section 7 shall affect the application of any other Federal statute to a project for which a certificate of crossing for the construction, connection, operation, or maintenance of a cross-border segment is sought under this section. (2) Natural gas act.--Nothing in this section or section 7 shall affect the requirement to obtain approval or authorization under sections 3 and 7 of the Natural Gas Act for the siting, construction, or operation of any facility to import or export natural gas. (3) Energy policy and conservation act.--Nothing in this section or section 7 shall affect the authority of the President under section 103(a) of the Energy Policy and Conservation Act. SEC. 4. IMPORTATION OR EXPORTATION OF NATURAL GAS TO CANADA AND MEXICO. Section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is amended by adding at the end the following: ``No order is required under subsection (a) to authorize the export or import of any natural gas to or from Canada or Mexico.''. SEC. 5. TRANSMISSION OF ELECTRIC ENERGY TO CANADA AND MEXICO. (a) Repeal of Requirement To Secure Order.--Section 202(e) of the Federal Power Act (16 U.S.C. 824a(e)) is repealed. (b) Conforming Amendments.-- (1) State regulations.--Section 202(f) of the Federal Power Act (16 U.S.C. 824a(f)) is amended by striking ``insofar as such State regulation does not conflict with the exercise of the Commission's powers under or relating to subsection 202(e)''. (2) Seasonal diversity electricity exchange.--Section 602(b) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 824a-4(b)) is amended by striking ``the Commission has conducted hearings and made the findings required under section 202(e) of the Federal Power Act'' and all that follows through the period at the end and inserting ``the Secretary has conducted hearings and finds that the proposed transmission facilities would not impair the sufficiency of electric supply within the United States or would not impede or tend to impede the coordination in the public interest of facilities subject to the jurisdiction of the Secretary.''. SEC. 6. NO PRESIDENTIAL PERMIT REQUIRED. No Presidential permit (or similar permit) required under Executive Order No. 13337 (3 U.S.C. 301 note), Executive Order No. 11423 (3 U.S.C. 301 note), section 301 of title 3, United States Code, Executive Order No. 12038, Executive Order No. 10485, or any other Executive order shall be necessary for the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility, or any cross-border segment thereof. SEC. 7. MODIFICATIONS TO EXISTING PROJECTS. No certificate of crossing under section 3, or permit described in section 6, shall be required for a modification to the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility-- (1) that is operating for the import or export of oil or natural gas or the transmission of electricity to or from Canada or Mexico as of the date of enactment of the Act; (2) for which a permit described in section 6 for such construction, connection, operation, or maintenance has been issued; or (3) for which a certificate of crossing for the cross- border segment of the pipeline or facility has previously been issued under section 3. SEC. 8. EFFECTIVE DATE; RULEMAKING DEADLINES. (a) Effective Date.--Sections 3 through 7, and the amendments made by such sections, shall take effect on July 1, 2015. (b) Rulemaking Deadlines.--Each relevant official described in section 3(b)(2) shall-- (1) not later than 180 days after the date of enactment of this Act, publish in the Federal Register notice of a proposed rulemaking to carry out the applicable requirements of section 3; and (2) not later than 1 year after the date of enactment of this Act, publish in the Federal Register a final rule to carry out the applicable requirements of section 3. SEC. 9. DEFINITIONS. In this Act-- (1) the term ``cross-border segment'' means the portion of an oil or natural gas pipeline or electric transmission facility that is located at the national boundary of the United States with either Canada or Mexico; (2) the term ``modification'' includes a reversal of flow direction, change in ownership, volume expansion, downstream or upstream interconnection, or adjustment to maintain flow (such as a reduction or increase in the number of pump or compressor stations); (3) the term ``natural gas'' has the meaning given that term in section 2 of the Natural Gas Act (15 U.S.C. 717a); (4) the term ``oil'' means petroleum or a petroleum product; (5) the terms ``Electric Reliability Organization'' and ``regional entity'' have the meanings given those terms in section 215 of the Federal Power Act (16 U.S.C. 824o); and (6) the terms ``Independent System Operator'' and ``Regional Transmission Organization'' have the meanings given those terms in section 3 of the Federal Power Act (16 U.S.C. 796). Passed the House of Representatives June 24, 2014. Attest: KAREN L. HAAS, Clerk.

North American Energy Infrastructure Act - (Sec. 3) Prohibits any person from constructing, connecting, operating, or maintaining a cross-border segment of an oil or natural gas pipeline or electric transmission facility at the national boundary of the United States for the import or export of oil, natural gas, or electricity to or from Canada or Mexico without obtaining a certificate of crossing under this Act. Requires the Secretary of State, with respect to oil pipelines, or the Secretary of Energy (DOE), with respect to electric transmission facilities, to issue a certificate of crossing for the cross-border segment within 120 days after final action is taken under the National Environmental Policy Act of 1969 (NEPA), unless it is not in U.S. public interest. Directs DOE, as a condition of issuing a certificate, to require that the cross-border segment be constructed, connected, operated, or maintained consistent with the policies and standards of: (1) the Electric Reliability Organization and the applicable regional entity, and (2) any Regional Transmission Organization or Independent System Operator with operational or functional control over the segment. Exempts from such requirement any construction, connection, operation, or maintenance of a cross-border segment if: (1) it is operating for import, export, or electrical transmission upon the date of enactment of this Act; (2) the relevant permit or certificate of crossing has previously been issued under this Act; or (3) an permit application is pending on the date of enactment of this Act, until it is denied or July 1, 2016, whichever occurs first. Retains: (1) the requirement to obtain approval or authorization under the Natural Gas Act for the siting, construction, or operation of any facility to import or export natural gas, and (2) certain authority of the President under the Energy Policy and Conservation Act (EPCA). (Sec. 4) Amends the Natural Gas Act to declare that no order of the Federal Energy Regulatory Commission (FERC) is required for the export or import of natural gas to or from Canada or Mexico. (Sec. 5) Amends the Federal Power Act to repeal the requirement that the transmission of electric energy to a foreign country necessitates prior authorization by FERC. (Sec. 6) Declares that no Presidential permit shall be necessary for the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility, including any cross-border segment. (Sec. 7) Declares that no certificate of crossing or permit shall be required for a modification to the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility that: (1) operates for the import or export of oil or natural gas or the transmission of electricity to or from Canada or Mexico as of the date of enactment of this Act; (2) for which a permit for such construction, connection, operation, or maintenance has been issued; or (3) for which a certificate of crossing for the cross-border segment of the pipeline or facility has previously been issued. (Sec. 8) Sets forth deadlines for rulemaking.

{"src": "billsum_train", "title": "North American Energy Infrastructure Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Filipino Veterans of World War II Congressional Gold Medal Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) The First Philippine Republic was founded as a result of the Spanish-American War in which Filipino revolutionaries and the United States Armed Forces fought to overthrow Spanish colonial rule. On June 12, 1898, Filipinos declared the Philippines to be an independent and sovereign nation. The Treaty of Paris negotiated between the United States and Spain ignored this declaration of independence, and the United States paid Spain $20,000,000 to cede control of the Philippines to the United States. Filipino nationalists who sought independence rather than a change in colonial rulers clashed with forces of the United States in the Islands. The Philippine-American War, which officially lasted for 3 years from 1899 to 1902, led to the establishment of the United States civil government in the Philippines. (2) In 1901, units of Filipino soldiers who fought for the United States against the nationalist insurrection were formally incorporated into the United States Army as the Philippine Scouts. (3) In 1934, the Philippine Independence Act (Public Law 73-127; 48 Stat. 456) established a timetable for ending colonial rule of the United States. Between 1934 and Philippine independence in 1946, the United States retained sovereignty over Philippine foreign policy and reserved the right to call Filipinos into the service of the United States Armed Forces. (4) On December 21 1935, President of the Philippine Commonwealth, Manuel Quezon, signed the National Defense Act, passed by the Philippine Assembly. General Douglas MacArthur set upon the task of creating an independent army in the Philippines, consisting of a small regular force, the Philippine Constabulary, a police force created during the colonial period of the United States, and reservists. By July 1941, the Philippine army had 130,000 reservists and 6,000 officers. (5) On July 26, 1941, as tensions with Japan rose in the Pacific, President Franklin D. Roosevelt used his authority vested in the Constitution of the United States and the Philippine Independence Act to ``call into service of the United States . . . all of the organized military forces of the Government of the Philippines.'' On July 27th, 1941, in accordance with a War Department directive received a day earlier, the United States Forces in the Far East (USAFFE) was established, and Manila was designated as the command headquarters. Commander of the USAFFE, General Douglas MacArthur, planned to absorb the entire Philippine army into the USAFFE in phases. The first phase, which began on September 1, 1941, included 25,000 men and 4,000 officers. (6) Filipinos who served in the USAFFE included-- (A) the Philippine Scouts, who comprised half of the 22,532 soldiers in the Philippine Department, or United States Army garrison stationed in the Islands at the start of the war; (B) the Philippine Commonwealth Army; (C) the new Philippine Scouts, or Filipinos who volunteered to serve with the United States Army when the United States Armed Forces returned to the island; (D) Filipino civilians who volunteered to serve in the United States Armed Forces in 1945 and 1946, and who became ``attached'' to various units of the United States Army; and (E) the ``Guerrilla Services'' who had fought behind enemy lines throughout the war. (7) Even after hostilities ceased, wartime service of the new Philippine Scouts continued as a matter of law until the end of 1946, and the force gradually disbanded until it was disestablished in 1950. (8) On December 8th, 1941, not even 24 hours after the bombing of Pearl Harbor, Japanese Imperial forces attacked bases of the United States Army in the Philippines. (9) In the spring of 1942, the Japanese 14th Army overran the Bataan Peninsula, and, after a heroic but futile defense, more than 78,000 members of the United States Armed Forces were captured, specifically 66,000 Filipinos and 12,000 service members from the United States. The Japanese transferred the captured soldiers from Bataan to Camp O'Donnell, in what is now known as the infamous Bataan Death March. Forced to march the 70-mile distance in 1 week, without adequate food, water, or medicine, nearly 700 members of the United States Armed Forces and an estimated 6,000 to 10,000 Filipinos perished during the journey. (10) After the fall of the Bataan Peninsula, the Japanese Army turned its sights on Corregidor. The estimated forces in defense of Corregidor totaled 13,000, and were comprised of members of the United States Armed Forces and Filipino troops. Of this number, 800 were killed, 1,000 were wounded, and 11,000 were captured and forced to march through the city of Manila, after which the captured troops were distributed to various POW camps. The rest of the captured troops escaped to organize or join an underground guerrilla army. (11) Even before the fall of Corregidor, Philippine resistance, in the form of guerrilla armies, began to wage warfare on the Japanese invaders. Guerrilla armies, from Northern Luzon to Mindanao-- (A) raided Japanese camps, stealing weapons and supplies; (B) sabotaged and ambushed Japanese troops on the move; and (C) with little weaponry, and severely outmatched in numbers, began to extract victories. (12) Japanese intelligence reports reveal that from the time the Japanese invaded until the return of the United States Armed Forces in the summer of 1944, an estimated 300,000 Filipinos continued to fight against Japanese forces. Filipino resistance against the Japanese was so strong that, in 1942, the Imperial Army formed the Morista Butai, a unit designated to suppress guerrillas. (13) Because Philippine guerrillas worked to restore communication with United States forces in the Pacific, General MacArthur was able to use the guerrillas in advance of a conventional operation and provided the headquarters of General MacArthur with valuable information. Guerrillas captured and transmitted to the headquarters of General MacArthur Japanese naval plans for the Central Pacific, including defense plans for the Mariana Islands. Intelligence derived from guerrillas relating to aircraft, ship, and troop movements allowed for Allied forces to attack Japanese supply lines and guerrillas and even directed United States submarines where to land agents and cargo on the Philippine coast. (14) On December 20, 1941, President Roosevelt signed the Selective Training and Service Amendments Act (Public Law 77- 360; 55 Stat. 844) which, among other things, allowed Filipinos in the United States to enlist in the United States Armed Forces. In February 1942, President Roosevelt issued the Second War Powers Act (Public Law 77-507; 56 Stat. 176), promising a simplified naturalization process for Filipinos who served in the United States Armed Forces. Subsequently, 16,000 Filipinos in California alone decided to enlist. (15) The mobilization of forces included the activation and assumption of command of the First Filipino Infantry Battalion on April 1, 1942, at Camp San Luis Obispo, California. Orders were issued to activate the First Filipino Infantry Regiment and Band at Salinas, California, effective July 13, 1942. The activation of the Second Filipino Infantry Regiment occurred at Fort Ord, California, on November 21, 1942. Nearly 9,000 Filipinos and Filipino Americans fought in the United States Army 1st and 2nd Filipino Infantry Regiments. (16) Soldiers of the 1st and 2nd Infantry Regiments participated in the bloody combat and mop-up operations at New Guinea, Leyte, Samar, Luzon, and the Southern Philippines. In 1943, 800 men were selected from the 1st and 2nd Regiments and shipped to Australia to receive training in intelligence gathering, sabotage, and demolition. Reorganized as part of the 1st Reconnaissance Battalion, this group was sent to the Philippines to coordinate with major guerrilla armies in the Islands. Members of the 1st Regiment were also attached to the United States 6th Army ``Alamo Scouts'', a reconnaissance group that traveled 30 miles behind enemy lines to free Allied prisoners from the Cabanatuan death camp on January 30, 1945. In addition, in 1945, according to the 441st Counter Intelligence Unit of the United States Armed Forces, Philippine guerrillas provided ``very important information and sketches of enemy positions and installations'' for the liberation of the Santo Tomas prisoner of war camp, an event that made front page news across the United States. (17) In March 1944, members of the 2nd Filipino Infantry Regiment were selected for special assignments, including intelligence missions, and reorganized as the 2nd Filipino Infantry Battalion (Separate). The 2nd Filipino Infantry Battalion contributed to mop-up operations as a civil affairs unit. (18) Filipinos participated in the war out of national pride, as well as out of a commitment to the Allied forces struggle against fascism. 57,000 Filipinos in uniform died in the war effort. Estimates of civilian deaths range from 700,000 to upwards of 1,000,000, or between 4.38 to 6.25 percent of the prewar population of 16,000,000. (19) Because Filipinos who served in the Commonwealth Army of the Philippines were originally considered a part of the Allied struggle, the military order issued by President Roosevelt on July 26, 1941, stated that Filipinos who served in the Commonwealth Army of the Philippines were entitled to full veterans benefits. The guarantee to pay back the service of Filipinos through veterans benefits was reversed by the Rescission Acts of 1946 (Public Laws 79-301 and 79-391; 60 Stat. 6 and 60 Stat. 221), which deemed that the wartime service of the Commonwealth Army of the Philippines and the new Philippine Scouts was not considered active and, therefore, did not qualify for benefits. (20) The loyal and valiant Filipino Veterans of World War II fought, suffered, and, in many instances, died in the same manner and under the same commander as other members of the United States Armed Forces during World War II. (21) The Filipino Veterans of World War II who have fought alongside, and as an integral part of, the United States Armed Forces. The Philippines remained a territory of the United States for the duration of the war and, accordingly, the United States maintained sovereignty over Philippine foreign relations, including Philippine laws enacted by the Philippine Government. Filipinos who fought in the Philippines were not only defending or fighting for the Philippines, but also defending and ultimately liberating sovereign territory held by the United States Government. (22) The United States remains forever indebted to the bravery, valor, and dedication that the Filipino Veterans of World War II displayed. Their commitment and sacrifice demonstrates a highly uncommon and commendable sense of patriotism and honor. SEC. 3. DEFINITIONS. In this Act-- (a) the term ``Filipino Veterans of World War II'' includes any individual who served-- (1) honorably at any time during the period beginning on July 26, 1941, and ending on December 31, 1946; (2) in an active-duty status under the command of the United States Armed Forces in the Far East; and (3)(A) within the Philippine Commonwealth Army, the Philippine Scouts, the Philippine Constabulary, Recognized Guerrilla units, the New Philippine Scouts, the First Filipino Infantry Regiment, the Second Filipino Infantry Battalion (Separate), or the First Reconnaissance Battalion; or (B) commanding or serving in a unit described in paragraph (3)(A) as a United States military officer or enlisted soldier; and (b) the term ``Secretary'' means the Secretary of the Treasury. SEC. 4. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The President pro tempore of the Senate and the Speaker of the House of Representatives shall make appropriate arrangements for the award, on behalf of Congress, of a single gold medal of appropriate design to the Filipino Veterans of World War II in recognition of the dedicated service of the veterans during World War II. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary shall strike the Gold Medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal in honor of the Filipino Veterans of World War II, the gold medal shall be given to the Smithsonian Institution, where it will be available for display as appropriate and made available for research. (2) Sense of congress.--It is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other appropriate locations associated with the Filipino Veterans of World War II. (d) Duplicate Medals.-- (1) In general.--Under regulations that the Secretary may promulgate, the Secretary may strike and sell duplicates in bronze of the gold medal struck under this Act, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. (2) Sale of duplicate medals.--The amounts received from the sale of duplicate medals under paragraph (1) shall be deposited in the United States Mint Public Enterprise Fund. SEC. 5. STATUS OF MEDALS. (a) National Medals.--Medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.

Filipino Veterans of World War II Congressional Gold Medal Act of 2015 Directs the President pro tempore of the Senate and the Speaker of the House of Representatives to make appropriate arrangements for the award of a single Congressional Gold Medal to the Filipino Veterans of World War II in recognition of their dedicated service during World War II. Requires that the medal, following its award, be given to the Smithsonian Institution where it will be available for research and for display at other appropriate locations associated with such veterans.

{"src": "billsum_train", "title": "Filipino Veterans of World War II Congressional Gold Medal Act of 2015"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Advancing U.S.-India Defense Cooperation Act''. SEC. 2. ENHANCING DEFENSE AND SECURITY COOPERATION WITH INDIA. (a) Findings.--Congress finds the following: (1) The United States and India face mutual security threats and a robust defense partnership is in the interest of both countries. (2) The relationship between the United States and India has developed over the past decade to become a multifaceted, major strategic partnership rooted in shared democratic values and the promotion of mutual prosperity, greater economic cooperation, regional peace, security, and stability. (3) In 2012, the Department of Defense began an initiative to increase senior-level oversight and engagement on defense cooperation between the United States and India, which is referred to as the U.S.-India Defense Technology and Trade Initiative (DTTI). (4) On June 3, 2015, the Government of the United States and the Government of India entered into an executive agreement entitled ``Framework for the U.S.-India Defense Relationship'', which renewed and updated the previous defense framework agreement between the United States and India, executed on June 28, 2005. (5) Consistent with the Framework for the U.S.-India Defense Relationship and the goals of the DTTI, it is in the interest of United States national security to improve defense cooperation and the alignment of systems with India, achieve greater interaction between the armed forces of both countries, increase the flow of technology and investment, develop capabilities and partnerships in co-development and co- production, and strengthen two-way defense trade. (b) Sense of Congress.--It is the sense of Congress that-- (1) the United States-India defense partnership is vital to regional and international stability and security; (2) the interest of United States national security can be improved by further advancing the goals of the Framework for the U.S.-India Defense Relationship and the effective operation of the DTTI; and (3) the President's commitment to enhancing defense and security cooperation with India should be considered a priority with respect to advancing United States interests in the South Asia and greater Indo-Pacific regions. (c) Required Actions.--The President should take action to-- (1) formalize India's status as a major partner of the United States; (2) designate an official with experience in defense acquisition and technology to reinforce and ensure, through interagency policy coordination, the success of the Framework for the U.S.-India Defense Relationship; (3) approve and facilitate the transfer of advanced technology in the context of, and in order to satisfy, combined military planning with the Indian military for missions such as humanitarian assistance and disaster relief, counter piracy, and maritime domain awareness; (4) strengthen the effectiveness of the DTTI and the durability of the Department of Defense's ``India Rapid Reaction Cell''; (5) resolve issues impeding United States-India defense trade, security cooperation, and co-production and co- development opportunities; (6) collaborate with the Government of India to develop mutually agreeable mechanisms to verify the security of defense technology information and equipment, such as tailored cyber security and end use monitoring arrangements; (7) promote policies that will encourage the efficient review and authorization of defense sales and exports to India, including the treatment of military sales and export authorizations to India in a manner similar to that of the closest defense partners of the United States; (8) pursue greater government-to-government and commercial military transactions between the United States and India; and (9) support the development and alignment of India's export control and procurement regimes with those of the United States and multilateral control regimes. (d) Military Contingency Plans.--The President is encouraged to coordinate with India on an annual basis to develop military contingency plans for addressing threats to mutual security interests of both countries. (e) Assessment Required.-- (1) In general.--The President shall, on an annual basis, carry out an assessment of the extent to which India possesses capabilities to execute military operations of mutual interest between the United States and India. (2) Use of assessment.--The President shall ensure that the assessment described in paragraph (1) is used to inform the review by the United States of applications to export defense articles, defense services, or technical data under the Arms Export Control Act (22 U.S.C. 2751 et seq.). (3) Form.--The assessment described in paragraph (1) shall, to the maximum extent practicable, be in classified form. (f) Foreign Military Sales and Export Status Under Arms Export Control Act.--The Arms Export Control Act (22 U.S.C. 2751 et seq.) is amended-- (1) in sections 3(d)(2)(B), 3(d)(3)(A)(i), 3(d)(5), 36(b)(1), 36(b)(2), 36(b)(6), 36(c)(2)(A), 36(c)(5), 36(d)(2)(A), 62(c)(1), and 63(a)(2), by inserting ``India,'' before ``or New Zealand'' each place it appears; (2) in section 3(b)(2), by inserting ``the Government of India,'' before ``or the Government of New Zealand''; and (3) in sections 21(h)(1)(A) and 21(h)(2), by inserting ``India,'' before ``or Israel'' each place it appears.

Advancing U.S.-India Defense Cooperation Act This bill expresses the sense of Congress that: the U.S.-India defense partnership is vital to regional and international stability and security, and the President's commitment to enhancing defense and security cooperation with India should be considered a priority with respect to advancing U.S. interests in the South Asia and greater Indo-Pacific regions. The bill declares that the President should: take action to formalize India's status as a U.S. major partner; resolve issues impeding U.S.-India defense trade, security cooperation, and coproduction and chemotherapeutic opportunities; pursue greater U.S.-India government-to-government and commercial military transactions; and facilitate the transfer of advanced technology with the Indian military for missions such as humanitarian assistance and disaster relief, counter piracy, and maritime domain awareness. The President is encouraged to coordinate with India annually to develop military contingency plans for addressing threats to mutual security interests. The President shall: (1) annually assess the extent to which India possesses strategic operational capabilities to execute military operations of mutual interest to the United States and India; and (2) ensure that such assessment is used in reviewing applications to sell or export defense articles, defense services, or technical data. The Arms Export Control Act is amended to extend special foreign military sales status to India.

{"src": "billsum_train", "title": "Advancing U.S.-India Defense Cooperation Act"}

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Transition toward Excellence, Achievement, and Mobility through Empowerment Act of 2011'' or the ``TEAM-Empowerment Act of 2011''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. Sec. 3. Individualized transition plans; transition planning and services administrative units. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Evidence-based research has conclusively documented that youth with significant disabilities who were educated in inclusive settings, were exposed to work experience and career exploration, and participated in a paid work experience while in school had better postsecondary outcomes and higher rates of sustainable employment. (2) Higher rates of self-determination, in which individuals with significant disabilities and their families have direct control over the decisionmaking process in order to ensure an appropriate individualized transition strategy, lead to better outcomes. (3) Regulations and processes allowing for flexibility in the blending and braiding of government funds to ensure seamless, collaborative strategies during the transition process lead to better outcomes for individuals with significant disabilities. (4) Agency officials involved directly in the provision of supports and services during a youth's transition into adulthood and beyond must be provided additional training to become properly prepared to adequately address the individual transition needs of students with significant disabilities. (b) Purposes.--The purposes of this Act are the following: (1) Create a holistic system across multiple partners focused on successful transition of youth with significant disabilities into adulthood. (2) Create a systemic focus on achieving high expectations for all youth, through equality of opportunity, full participation through self-determination and informed choice, outcomes related to post-secondary options that lead to competitive integrated employment and economic self- sufficiency. (3) Promote innovative strategies to foster academic, professional, and social inclusion, and the solidification of long-term supports and services required to ensure full integration into the community setting. (4) Better define and coordinate specific services related to the effective transition of youth with significant disabilities. (5) Eliminate barriers and promote incentives for multiple stakeholders to collaborate and improve transition opportunities for youth with significant disabilities. SEC. 3. INDIVIDUALIZED TRANSITION PLANS; TRANSITION PLANNING AND SERVICES ADMINISTRATIVE UNITS. Title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15001 et seq.) is amended by adding at the end the following: ``Subtitle F--Adult Transition System ``SEC. 171. DEFINITIONS. ``In this subtitle: ``(1) The term `asset development' means a strategy to assist low-income workers and job seekers, including individuals with disabilities, move toward economic security and greater financial self-sufficiency through income preservation, effective money and credit management, the pursuit of post-secondary education, the purchase of a home, business startup and growth, and the setting aside of resources for longer-term needs and retirement. ``(2) The term `individualized education program' has the meaning given such term in section 602 of the Individuals with Disabilities Education Act. ``(3) The term `integrated employment' means work compensated at the greater of minimum wage or competitive wages with related employment benefits, occurring in a typical work setting where the employee with the disability-- ``(A) interacts or has the opportunity to interact continuously with nondisabled co-workers; ``(B) has an opportunity for advancement and mobility; and ``(C) is preferably engaged in full-time employment. ``(4) The term `ITP' means an individual transition plan developed under section 173. ``(5) The term `local educational agency' has the meaning given to such term in section 9101 of the Elementary and Secondary Education Act of 1965. ``(6) The term `secondary school' has the meaning given to such term in section 9101 of the Elementary and Secondary Education Act of 1965. ``(7) The term `State intellectual and developmental disabilities agency' means the primary State agency or subdivision with administrative, programmatic, and operational responsibility for the full range of services and supports furnished to individuals with intellectual and developmental disabilities. ``(8) The term `TPS administrative unit' refers to the transition planning and services administrative unit of a State established in accordance with section 174. ``(9)(A) The term `transition services' means a coordinated set of activities for a student, designed within an outcome- oriented process, that promotes movement from school to post school activities, including postsecondary education, vocational training, integrated employment (including supported employment and customized employment), continuing and adult education, adult services, asset development services, independent living, or community participation. ``(B) The coordinated set of activities shall be based upon the individual student's needs, taking into account the student's preferences and interests, and shall include instruction, community experiences, the development of employment and other post school adult living objectives; school-based preparatory experiences, career preparation, and integrated work-based learning experiences (inclusive of in- school, after school and work experiences outside the traditional school setting where other youth without disabilities are engaged in similar activities); youth development and leadership; connecting activities; training in self-advocacy, self-determination skills, and peer mentoring; family involvement and supports; and, when appropriate, acquisition of daily living skills and functional vocational evaluation. ``(C) Such term does not include the use of facility-based employment and activity settings, such as sheltered workshops, day habilitation centers, and enclave work settings. Additionally, the coordinated set of activities should lead to the attainment of at least one of the following outcomes: post- secondary education, long-term integrated employment (including supported employment or customized employment), asset development, independent living, and community participation. ``SEC. 172. STATE ASSISTANCE. ``For each fiscal year, the Secretary, acting through the Commissioner of the Administration on Developmental Disabilities, shall-- ``(1) make grants on a competitive basis to States that agree to carry out the activities required of States under this subtitle; and ``(2) among the States receiving grants under paragraph (1), allocate payments pursuant to a formula that-- ``(A) is established by the Secretary, acting through the Commissioner; and ``(B) takes into consideration an estimate of the number of individuals to be served under this subtitle in each State. ``SEC. 173. INDIVIDUALIZED TRANSITION PLANS. ``(a) In General.--Each State that receives assistance under this subtitle shall, with respect to each individual with a developmental disability in the State who is making the transition from the secondary school system into adulthood, develop, and assist in the implementation of, an individual transition plan to coordinate transition services intended to assist the individual in achieving the outcomes of integrated employment, postsecondary education, independent living, and community engagement. ``(b) Formulation.--An ITP shall be-- ``(1) coordinated with any pre-existing transition services being provided to the individual as a result of an individualized education program developed for the individual prior to exiting secondary school pursuant to the Individuals with Disabilities Education Act; ``(2) developed not later than 30 days after the date on which the individual graduates from or otherwise exits the State's secondary school system; and ``(3) applicable through the date on which the individual attains 26 years of age; ``(4) reviewed annually and updated as needed; and ``(5) developed during in-person meetings that-- ``(A) are led by the TPS administrative unit of the State intellectual and developmental disabilities agency established under section 174; and ``(B) at a minimum, include the following stakeholders: the individual, the individual's family, a transition broker (as described in section 174), a representative of the State vocational rehabilitation agency, relevant service providers that are contracted by the State or chosen by the individual and the individual's family or guardian to provide transition services, the transition coordinator of the local educational agency (where available, during the first year the individual exits the secondary school system), assistive technology experts (as appropriate), and representatives of the workforce development sector. ``(c) Contents.--An ITP shall include strategies for the implementation of service models and practices with documented effectiveness that-- ``(1) address and emphasize the 5 areas of postsecondary educational experiences, career preparation and work-based learning experiences, development and leadership, connecting activities, and family involvement and supports; ``(2) identify the needs of the individual in each of these 5 areas and articulate how the State and its agencies will meet those needs; and ``(3) will advance economic self-sufficiency with specific asset development goals and identify specific tools for advancing economic self-sufficiency, such as favorable tax benefits, work incentives, matched savings plans, education financing, and effective strategies to manage a budget, money, and credit. ``SEC. 174. TRANSITION PLANNING AND SERVICES ADMINISTRATIVE UNIT. ``(a) Establishment.--Each State that receives assistance under this subtitle shall establish and maintain a transition planning and services (TPS) administrative unit within the State intellectual and developmental disabilities agency. ``(b) Responsibilities.--The primary focus of a TPS administrative unit shall be to assist individuals with a developmental disability in the State to make the transition from the secondary school system into adulthood. The responsibilities of the TPS administrative unit shall include the following: ``(1) Individual transition plan.--The TPS administrative unit shall have responsibility for developing and assisting in the implementation of ITPs. ``(2) Transition brokers.-- ``(A) In general.--The TPS administrative unit shall employ or otherwise secure the services of transition brokers. ``(B) Role.--A transition broker of the TPS administrative unit shall-- ``(i) facilitate coordination among State agencies in the development of ITPs; and ``(ii) provide assistance to individuals with developmental disabilities, consistent with the individual's ITP, in navigating the complex system of supports and services available through Federal and State programs. ``(C) Qualifications.--To be eligible to serve as a transition broker of the TPS administrative unit, an individual shall possess two or more of the following qualifications: ``(i) Expertise relating to individuals with developmental disabilities, benefits planning, the provision of transition services, employment and job development, and negotiating among various State stakeholders. ``(ii) Experience with and knowledge of the generic workforce development sector, vocational rehabilitation, and job development. ``(iii) Knowledge and expertise in the use of tools to advance asset development and economic self-sufficiency, including favorable tax benefits, work incentives, matched savings plans, education financing, and effective strategies to manage a budget, money, and credit. ``(iv) Knowledge about self-direction and person-centered planning processes. ``(D) Assignment.--A transition broker of the TPS administrative unit shall be assigned to an individual upon-- ``(i) the individual or the individual's family or guardian selecting the broker; and ``(ii) the State intellectual and developmental disabilities agency approving the selection. ``(3) Self-advocacy, self-determination skills, and peer mentoring.--The TPS administrative unit shall offer strategies and training to individuals with developmental disabilities and their families regarding self-advocacy, self-determination skills, and peer mentoring to improve the ability of such individuals to advocate and negotiate on their own behalf. ``(4) Effective information and resources.--The TPS administrative unit shall provide information to individuals with developmental disabilities and their families on Federal and State services, supports, and regulations, including with respect to asset development, insurance and benefit programs, financial savings tools, and asset or income limits that affect eligibility for Federal and State means-tested services, supports, or programs. Such information shall be easily understood and updated on a quarterly basis each year. ``(c) Fostering Multiagency Collaboration.--The State intellectual and developmental disabilities agency of each State that receives assistance under this subtitle shall facilitate memoranda of understanding among key State agencies for the purpose of coordinating and improving the services and supports provided by such agencies to individuals with developmental disabilities during the transition into adulthood. ``SEC. 175. ANNUAL REPORT. ``Not later than the end of fiscal year 2012, and annually thereafter, the Secretary shall submit a report to the Congress containing an evaluation of the implementation and effectiveness of this subtitle, including an evaluation of-- ``(1) the number of individuals in each State who had an ITP developed on their behalf over the past fiscal year; ``(2) progress made at the individual level in implementing the objectives of ITPs developed since the date of enactment; and ``(3) with respect to individuals for whom an ITP is developed, their employment status, education status, income level, race, gender, and current residence. ``SEC. 176. AUTHORIZATION OF APPROPRIATIONS. ``To carry out this subtitle, there is authorized to be appropriated $50,000,000 for each of fiscal years 2012 through 2016.''.

Transition toward Excellence, Achievement, and Mobility through Empowerment Act of 2011 or the TEAM-Empowerment Act of 2011 - Amends the Developmental Disabilities Assistance and Bill of Rights Act of 2000 to direct the Secretary of Health and Human Services (HHS) to award competitive grants to states for the development and implementation of an individual transition plan (ITP) for each individual with a developmental disability in the state who is transitioning from secondary school into adulthood. Requires ITPs to assist the developmentally disabled achieve integrated employment, postsecondary education, independent living, and community engagement. Requires each grantee to establish a transition planning and services (TPS) administrative unit within its intellectual and developmental disabilities agency to develop, and assist in the implementation of, ITPs. Requires that unit to offer strategies, training, and information to the developmentally disabled and their families that facilitates their participation in the transition process. States that ITPs are to: (1) apply until an individual's 26th birthday; (2) be reviewed annually and updated as needed; (3) be developed during in-person meetings that include the individual and his or her family; and (4) address the individual's needs in the areas of postsecondary education, career preparation and work-based learning, development and leadership, connecting activities, and family involvement and supports. Requires the TPS administrative unit to use transition brokers to: (1) facilitate coordination among state agencies in the development of ITPs; and (2) assist the developmentally disabled, consistent with their ITPs, in navigating the complex system of supports and services available through federal and state programs.

{"src": "billsum_train", "title": "To amend the Developmental Disabilities Assistance and Bill of Rights Act of 2000 to provide assistance to States for development and implementation of an individual transition plan for each individual with a developmental disability in the State who is making the transition from the secondary school system into adulthood, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Minority Serving Institution Digital and Wireless Technology Opportunity Act of 2005''. SEC. 2. ESTABLISHMENT OF PROGRAM. Section 5 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3704) is amended by inserting the following after subsection (f): ``(g) Minority Serving Institution Digital and Wireless Technology Opportunity Program.-- ``(1) In general.--The Secretary, acting through the Under Secretary, shall establish a Minority Serving Institution Digital and Wireless Technology Opportunity Program to assist eligible institutions in acquiring, and augmenting their use of, digital and wireless networking technologies to improve the quality and delivery of educational services at eligible institutions. ``(2) Authorized activities.--An eligible institution may use a grant, cooperative agreement, or contract awarded under this subsection-- ``(A) to acquire equipment, instrumentation, networking capability, hardware and software, digital network technology, wireless technology, and infrastructure to further the objective of the Program described in paragraph (1); ``(B) to develop and provide training, education, and professional development programs, including faculty development, to increase the use of, and usefulness of, digital and wireless networking technology; ``(C) to provide teacher education, including the provision of preservice teacher training and in-service professional development at eligible institutions, library and media specialist training, and preschool and teacher aid certification to individuals who seek to acquire or enhance technology skills in order to use digital and wireless networking technology in the classroom or instructional process, including instruction in science, mathematics, engineering, and technology subjects; ``(D) to obtain capacity-building technical assistance, including through remote technical support, technical assistance workshops, and distance learning services; and ``(E) to foster the use of digital and wireless networking technology to improve research and education, including scientific, mathematics, engineering, and technology instruction. ``(3) Application and review procedures.-- ``(A) In general.--To be eligible to receive a grant, cooperative agreement, or contract under this subsection, an eligible institution shall submit an application to the Under Secretary at such time, in such manner, and containing such information as the Under Secretary may require. Such application, at a minimum, shall include a description of how the funds will be used, including a description of any digital and wireless networking technology to be acquired, and a description of how the institution will ensure that digital and wireless networking will be made accessible to, and employed by, students, faculty, and administrators. The Under Secretary, consistent with subparagraph (C) and in consultation with the advisory council established under subparagraph (B), shall establish procedures to review such applications. The Under Secretary shall publish the application requirements and review criteria in the Federal Register, along with a statement describing the availability of funds. ``(B) Advisory council.--The Under Secretary shall establish an advisory council to advise the Under Secretary on the best approaches to encourage maximum participation by eligible institutions in the program established under paragraph (1), and on the procedures to review proposals submitted to the program. In selecting the members of the advisory council, the Under Secretary shall consult with representatives of appropriate organizations, including representatives of eligible institutions, to ensure that the membership of the advisory council includes representatives of minority businesses and eligible institution communities. The Under Secretary shall also consult with experts in digital and wireless networking technology to ensure that such expertise is represented on the advisory council. ``(C) Review panels.--Each application submitted under this subsection by an eligible institution shall be reviewed by a panel of individuals selected by the Under Secretary to judge the quality and merit of the proposal, including the extent to which the eligible institution can effectively and successfully utilize the proposed grant, cooperative agreement, or contract to carry out the program described in paragraph (1). The Under Secretary shall ensure that the review panels include representatives of minority serving institutions and others who are knowledgeable about eligible institutions and technology issues. The Under Secretary shall ensure that no individual assigned under this subsection to review any application has a conflict of interest with regard to that application. The Under Secretary shall take into consideration the recommendations of the review panel in determining whether to award a grant, cooperative agreement, or contract to an eligible institution. ``(D) Information dissemination.--The Under Secretary shall convene an annual meeting of eligible institutions receiving grants, cooperative agreements, or contracts under this subsection to foster collaboration and capacity-building activities among eligible institutions. ``(E) Matching requirement.--The Under Secretary may not award a grant, cooperative agreement, or contract to an eligible institution under this subsection unless such institution agrees that, with respect to the costs incurred by the institution in carrying out the program for which the grant, cooperative agreement, or contract was awarded, such institution shall make available, directly, or through donations from public or private entities, non-Federal contributions in an amount equal to one-quarter of the grant, cooperative agreement, or contract awarded by the Under Secretary, or $500,000, whichever is the lesser amount. The Under Secretary shall waive the matching requirement for any institution or consortium with no endowment, or an endowment that has a current dollar value lower than $50,000,000. ``(F) Awards.-- ``(i) Limitation.--An eligible institution that receives a grant, cooperative agreement, or contract under this subsection that exceeds $2,500,000 shall not be eligible to receive another grant, cooperative agreement, or contract. ``(ii) Consortia.--Grants, cooperative agreements, and contracts may only be awarded to eligible institutions. Eligible institutions may seek funding under this subsection for consortia which may include other eligible institutions, a State or a State education agency, local education agencies, institutions of higher education, community-based organizations, national nonprofit organizations, or businesses, including minority businesses. ``(iii) Planning grants.--The Under Secretary may provide funds to develop strategic plans to implement such grants, cooperative agreements, or contracts. ``(iv) Institutional diversity.--In awarding grants, cooperative agreements, and contracts to eligible institutions, the Under Secretary shall ensure, to the extent practicable, that awards are made to all types of institutions eligible for assistance under this subsection. ``(v) Need.--In awarding funds under this subsection, the Under Secretary shall give priority to the institution with the greatest demonstrated need for assistance. ``(G) Annual report and evaluation.-- ``(i) Annual report required from recipients.--Each institution that receives a grant, cooperative agreement, or contract awarded under this subsection shall provide an annual report to the Under Secretary on its use of the grant, cooperative agreement, or contract. ``(ii) Independent assessment.--Not later than 6 months after the date of enactment of this subsection, the Under Secretary shall enter into a contract with the National Academy of Public Administration to conduct periodic assessments of the program. The Assessments shall be conducted once every 3 years during the 10-year period following the enactment of this subsection. The assessments shall include an evaluation of the effectiveness of the program in improving the education and training of students, faculty and staff at eligible institutions that have been awarded grants, cooperative agreements, or contracts under the program; an evaluation of the effectiveness of the program in improving access to, and familiarity with, digital and wireless networking technology for students, faculty, and staff at all eligible institutions; an evaluation of the procedures established under paragraph (3)(A); and recommendations for improving the program, including recommendations concerning the continuing need for Federal support. In carrying out its assessments, the National Academy of Public Administration shall review the reports submitted to the Under Secretary under clause (i). ``(iii) Report to congress.--Upon completion of each independent assessment carried out under clause (ii), the Under Secretary shall transmit the assessment to Congress along with a summary of the Under Secretary's plans, if any, to implement the recommendations of the National Academy of Public Administration. ``(H) Definitions.--In this subsection: ``(i) Digital and wireless networking technology.--The term `digital and wireless networking technology' means computer and communications equipment and software that facilitates the transmission of information in a digital format. ``(ii) Eligible institution.--The term `eligible institution' means an institution that is-- ``(I) a historically Black college or university that is a part B institution, as defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)), an institution described in section 326(e)(1)(A), (B), or (C) of that Act (20 U.S.C. 1063b(e)(1)(A), (B), or (C)), or a consortium of institutions described in this subparagraph; ``(II) a Hispanic-serving institution, as defined in section 502(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)(5)); ``(III) a tribally controlled college or university, as defined in section 316(b)(3) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)(3)); ``(IV) an Alaska Native-serving institution under section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)); ``(V) a Native Hawaiian-serving institution under section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)); or ``(VI) an institution of higher education (as defined in section 365 of the Higher Education Act of 1965 (20 U.S.C. 1067k)) with an enrollment of needy students (as defined in section 312(d) of the Higher Education Act of 1965 (20 U.S.C. 1058(d)). ``(iii) Institution of higher education.-- The term `institution of higher education' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). ``(iv) Local educational agency.--The term `local educational agency' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ``(v) Minority business.--The term `minority business' includes HUBZone small business concerns (as defined in section 3(p) of the Small Business Act (15 U.S.C. 632(p)). ``(vi) Minority individual.--The term `minority individual' means an American Indian, Alaskan Native, Black (not of Hispanic origin), Hispanic (including persons of Mexican, Puerto Rican, Cuban and Central or South American origin), or Pacific Islander individual. ``(vii) State.--The term `State' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ``(viii) State educational agency.--The term `State educational agency' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Technology Administration of the Department of Commerce to carry out section 5(g) of the Stevenson-Wydler Technology Innovation Act of 1980-- (1) $250,000,000 for fiscal year 2006; (2) $250,000,000 for fiscal year 2007; (3) $250,000,000 for fiscal year 2008; (4) $250,000,000 for fiscal year 2009; and (5) $250,000,000 for fiscal year 2010.

Minority Serving Institution Digital and Wireless Technology Opportunity Act of 2005 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to direct the Secretary of Commerce to establish a Minority Serving Institution Digital and Wireless Technology Opportunity Program to assist eligible educational institutions in acquiring, and augmenting use of, digital and wireless networking technologies to improve the quality and delivery of educational services at such institutions. Defines as eligible institutions: (1) historically Black colleges or universities, (2) a Hispanic-, Alaskan Native-, or Native Hawaiian-serving institution; (3) a tribally controlled college or university; or (4) an institution with a sufficient enrollment of needy students as defined under the Higher Education Act of 1965. Outlines authorized assistance activities. Directs the Under Secretary of Commerce for Technology to: (1) establish an advisory council to advise on the best approaches toward maximum Program participation by eligible institutions; and (2) ensure that grant awards are made to all types of eligible institutions. Provides a matching funds requirement. Limits grant awards to $2.5 million per institution. Requires: (1) each grant recipient to report annually to the Under Secretary on grant uses; (2) the National Academy of Public Administration to conduct periodic assessments (every three years) of the grant program; and (3) the Under Secretary to transmit such assessments to Congress, along with plans to implement any recommendations of the Academy. Authorizes appropriations for FY2006-FY2010.

{"src": "billsum_train", "title": "To establish a digital and wireless network technology program, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Calling Card Consumer Protection Act''. SEC. 2. DEFINITIONS. For purposes of this Act, the following definitions apply: (1) The term ``Commission'' means the Federal Trade Commission. (2) The term ``prepaid calling card'' has the meaning given the term ``prepaid calling card'' by section 64.5000(a) of the Federal Communications Commission's regulations (47 C.F.R. 64.5000(a)). Such term shall also include calling cards that use VoIP service or a successor protocol. Such term shall also include an electronic or other mechanism that allows users to pay in advance for a specified amount of calling. Such term shall not include-- (A) calling cards or other rights of use that are provided for free or at no additional cost as a promotional item accompanying a product or service purchased by a consumer; (B) any card, device, or other right of use, the purchase of which establishes a customer-carrier relationship with a provider of wireless telecommunications service or wireless hybrid service, or that provides access to a wireless telecommunications service or wireless hybrid service account wherein the purchaser has a pre-existing relationship with the wireless service provider; or (C) payphone service, as that term is defined in section 276(d) of the Communications Act of 1934 (47 U.S.C. 276(d)). (3) The term ``prepaid calling card provider'' has the meaning given the term ``prepaid calling card provider'' by section 64.5000(b) of the Federal Communications Commission's regulations (47 C.F.R. 64.5000(b)). Such term shall also include-- (A) a provider of a prepaid calling card that uses VoIP service or a successor protocol; and (B) a provider of a prepaid calling card that allows users to pay in advance for a specified amount of minutes through an electronic or other mechanism. (4) The term ``prepaid calling card distributor'' means any entity or person that purchases prepaid calling cards from a prepaid calling card provider or another prepaid calling card distributor and sells, re-sells, issues, or distributes such cards to one or more distributors of such cards or to one or more retail sellers of such cards. (5) The term ``wireless hybrid service'' is defined as a service that integrates both commercial mobile radio service (as defined by section 20.3 of the Federal Communications Commission's regulations (47 C.F.R. 20.3)) and VoIP service. (6) The term ``VoIP service'' has the meaning given the term ``interconnected Voice over Internet protocol service'' by section 9.3 of the Federal Communications Commission's regulations (47 C.F.R. 9.3). Such term shall include any voice calling service that utilizes a voice over Internet protocol or any successor protocol in the transmission of the call. (7) The term ``fees'' includes all charges, fees, taxes, or surcharges applicable to a prepaid calling card that are-- (A) required by Federal law or regulation or order of the Federal Communications Commission or by the laws and regulations of any State or political subdivision of a State; or (B) expressly permitted to be assessed under Federal law or regulation or order of the Federal Communications Commission or under the laws and regulations of any State or political subdivision of a State. (8) The term ``additional charge'' means any charge assessed by a prepaid calling card provider or prepaid calling card distributor for the use of a prepaid calling card, other than a fee or rate. (9) The term ``international preferred destination'' means one or more specific international destinations named on a prepaid calling card or on the packaging material accompanying a prepaid calling card. SEC. 3. REQUIRED DISCLOSURES OF PREPAID CALLING CARDS. (a) Required Disclosure.--Any prepaid calling card provider or prepaid calling card distributor shall disclose clearly and conspicuously the following information relating to the terms and conditions of the prepaid calling card: (1) The name of the prepaid calling card provider and such provider's customer service telephone number and hours of service. (2)(A) The number of domestic interstate minutes available from the prepaid calling card and the number of available minutes for all international preferred destinations served by the prepaid calling card at the time of purchase; or (B) the dollar value of the prepaid calling card, the domestic interstate rate per minute provided by such card, and the applicable per minute rates for all international preferred destinations served by the prepaid calling card at the time of purchase. (3)(A) The applicable per minute rate for all individual international destinations served by the card at the time of purchase; or (B) a toll-free customer service number and website (if the provider maintains a website) where a consumer may obtain the information described in subparagraph (A) and a statement that such information may be obtained through such toll-free customer service number and website. (4) The following terms and conditions pertaining to, or associated with, the use of the prepaid calling card: (A) Any applicable fees associated with the use of the prepaid calling card. (B) A description of any additional charges associated with the use of the prepaid calling card and the amount of such charges. (C) Any limitation on the use or period of time for which the promoted or advertised minutes or rates will be available. (D) Applicable policies relating to refund, recharge, and any predetermined decrease in value of such card over a period of time. (E) Any expiration date applicable to the prepaid calling card or the minutes available with such calling card. (b) Location of Disclosure and Language Requirement.-- (1) Clear and conspicuous.-- (A) Cards.--The disclosures required under subsection (a) shall be printed in plain English language (except as provided in paragraph (2)) in a clear and conspicuous manner and location on the prepaid calling card. If the card is enclosed in packaging that obscures the disclosures on the card, such disclosures also shall be printed on the outside packaging of the card. (B) Online services.--In addition to the requirements under subparagraph (A), in the case of a prepaid calling card that consumers purchase via the Internet, the disclosures required under subsection (a) shall be displayed in plain English language (except as provided in paragraph (2)) in a clear and conspicuous manner and location on the Internet website that the consumer must access prior to purchasing such card. (C) Advertising and other promotional material.-- Any advertising for a prepaid calling card that contains any representation, expressly or by implication, regarding the dollar value, the per minute rate, or the number of minutes provided by the card shall include in a clear and conspicuous manner and location all the disclosures described in subsection (a). (2) Foreign languages.--If a language other than English is prominently used on a prepaid calling card, its packaging, or in point-of-sale advertising, Internet advertising, or promotional material for such card, the disclosures required by this section shall be disclosed in that language on such card, packaging, advertisement, or promotional material. (c) Minutes Announced, Promoted, or Advertised Through Voice Prompts.--Any information provided to a consumer by any voice prompt given to the consumer at the time the consumer uses the prepaid calling card relating to the remaining value of the calling card or the number of minutes available from the calling card shall be accurate, taking into account the application of the fees and additional charges required to be disclosed under subsection (a). (d) Disclosures Required Upon Purchase of Additional Minutes.--If a prepaid calling card permits a consumer to add value to the card or purchase additional minutes after the original purchase of the prepaid calling card, any changes to the rates or additional charges required to be disclosed under subsection (a) shall apply only to the additional minutes to be purchased and shall be disclosed to the consumer before the completion of such purchase. SEC. 4. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION. (a) Unfair and Deceptive Act or Practice.--A violation of section 3 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) Authority of the Commission.--The Commission shall enforce this Act in the same manner and by the same means as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. Notwithstanding any provision of the Federal Trade Commission Act or any other provision of law and solely for purposes of this Act, common carriers subject to the Communications Act of 1934 (47 U.S.C. 151 et seq.) and any amendment thereto shall be subject to the jurisdiction of the Commission. (c) Rulemaking Authority.--Not later than 180 days after the date of enactment of this Act, the Commission shall, in consultation with the Federal Communications Commission and in accordance with section 553 of title 5, United States Code, issue regulations to carry out this Act. In promulgating such regulations, the Commission shall-- (1) take into consideration the need for clear disclosures that provide for easy comprehension and comparison by consumers, taking into account the size of prepaid calling cards; and (2) give due consideration to the views of the Federal Communications Commission with regard to matters for which that Commission has particular expertise and authority and shall take into consideration the views of States. In promulgating such regulations, the Commission shall not issue regulations that otherwise affect the rates, terms, and conditions of prepaid calling cards. (d) Savings Provision.--Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. Except to the extent expressly provided in this Act, nothing in this Act shall be construed to alter or affect the exemption for common carriers provided by section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)). Nothing in this Act is intended to limit the authority of the Federal Communications Commission. SEC. 5. STATE ENFORCEMENT. (a) In General.-- (1) Civil actions.--In any case in which the attorney general of a State, a State utility commission, or other consumer protection agency has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that is prohibited under this Act, the State utility commission or other consumer protection agency, if authorized by State law, or the State, as parens patriae, may bring a civil action on behalf of the residents of that State in a district court of the United States of appropriate jurisdiction, or any other court of competent jurisdiction to-- (A) enjoin that practice; (B) enforce compliance with this Act; (C) obtain damage, restitution, or other compensation on behalf of residents of the State; or (D) obtain such other relief as the court may consider to be appropriate. (2) Notice to the commission.-- (A) In general.--Before filing an action under paragraph (1), the State shall provide to the Commission-- (i) written notice of the action; and (ii) a copy of the complaint for the action. (B) Exemption.-- (i) In general.--Subparagraph (A) shall not apply with respect to the filing of an action by a State under this subsection, if the attorney general or other appropriate officer determines that it is not feasible to provide the notice described in that subparagraph before the filing of the action. (ii) Notification.--In an action described in clause (i), the State shall provide notice and a copy of the complaint to the Commission at the same time as the State files the action. (b) Intervention by Commission.-- (1) In general.--On receiving notice under subsection (a)(2), the Commission shall have the right to intervene in the action that is the subject of the notice. (2) Effect of intervention.--If the Commission intervenes in an action under subsection (a), it shall have the right-- (A) to be heard with respect to any matter that arises in that action; (B) to remove the action to the appropriate United States District Court; and (C) to file a petition for appeal. (c) Construction.--For purposes of bringing any civil action under subsection (a), nothing in this section shall be construed to prevent an attorney general of a State, a State utility commission, or other consumer protection agency authorized by State law from exercising the powers conferred on the attorney general or other appropriate official by the laws of that State to-- (1) conduct investigations; (2) administer oaths or affirmations; (3) compel the attendance of witnesses or the production of documentary and other evidence; or (4) enforce any State law. (d) Action by the Commission May Preclude State Action.--In any case in which an action is instituted by or on behalf of the Commission for violation of this Act, or any regulation issued under this Act, no State may, during the pendency of that action, institute an action under subsection (a) against any defendant named in the complaint in that action for violation of this Act or regulation. (e) Venue; Service of Process.-- (1) Venue.--Any action brought under subsection (a) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. (2) Service of process.--In an action brought under subsection (a), process may be served in any district in which the defendant-- (A) is an inhabitant; or (B) may be found. (f) Limitation.--No prepaid calling card distributor who is a retail merchant or seller of prepaid calling cards, who, with respect to such cards, is exclusively engaged in point-of-sale transactions may be liable for damages in an action authorized under this section unless such distributor acted with actual knowledge that the act or practice giving rise to such action is unfair or deceptive and is unlawful under this Act. SEC. 6. APPLICATION. This Act shall apply to-- (1) any prepaid calling card issued or placed into the stream of commerce beginning 90 days after the date on which final regulations are promulgated pursuant to section 4(c); and (2) any advertising, promotion, point-of-sale material or voice prompt regarding a prepaid calling card that is disseminated beginning 90 days after the date on which final regulations are promulgated pursuant to section 4(c). If the Commission determines that it is not feasible for prepaid calling card providers or distributors to comply with the requirements of this Act with respect to prepaid calling cards issued or placed into the stream of commerce after such 90-day period, the Commission may extend such period by not more than an additional 90 days. SEC. 7. EFFECT ON STATE LAWS. After the date on which final regulations are promulgated pursuant to section 4(c), no State or political subdivision of a State may establish or continue in effect any provision of law that prescribes disclosure requirements with respect to prepaid calling cards unless such requirements are identical to the requirements of section 3. SEC. 8. G.A.O. STUDY. Beginning 2 years after the date on which final regulations are promulgated pursuant to section 4(c), the Comptroller General shall conduct a study of the effectiveness of this Act and the disclosures required under this Act and shall submit a report of such study to Congress not later than 3 years after the date of enactment of this Act. Passed the House of Representatives September 25, 2008. Attest: LORRAINE C. MILLER, Clerk.

Calling Card Consumer Protection Act - (Sec. 3) Requires providers or distributors of prepaid calling cards, including cards that use interconnected Voice over Internet Protocol (VoIP) or a successor protocol, to clearly and conspicuously disclose information about: (1) the provider's name, customer service number, and hours of service; (2) the card's number of minutes or dollar value; (3) per minute rates or a toll-free number to obtain rates; (4) fees and charges; (5) time period limits, any predetermined decrease in value over a period of time, and expiration dates; and (6) refund and recharge policies. (Sec. 4) Treats a violation as an unfair or deceptive act or practice under the Federal Trade Commission Act and requires the Federal Trade Commission (FTC) to enforce this Act. Gives the FTC, for this Act, jurisdiction over common carriers subject to the Communications Act of 1934, notwithstanding any other provision of law. (Sec. 5) Allows civil enforcement actions to be brought, except when an FTC action is pending, by a state attorney general, a state utilities commission, or a consumer protection agency for an injunction, to enforce this Act, to obtain damages, restitution, or other compensation on behalf of state residents, or for other relief. Allows actions under state laws. Shields a distributor who is a retail seller of prepaid cards and who, with respect to such cards, is exclusively engaged in point-of-sale transactions from liability for damages unless the distributor acted with actual knowledge that the act or practice giving rise to the action is unfair or deceptive and is unlawful under this Act. (Sec. 7) Prohibits a state, after final regulations are promulgated under this Act, from establishing or continuing in effect any provision of law that prescribes prepaid card disclosure requirements unless those requirements are identical to those in this Act. (Sec. 8) Requires the Comptroller General to report to Congress on the effectiveness of this Act and its required disclosures.

{"src": "billsum_train", "title": "To require accurate and reasonable disclosure of the terms and conditions of prepaid telephone calling cards and services."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mining Jobs Protection Act''. SEC. 2. PERMITS FOR DREDGED OR FILL MATERIAL. Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) is amended by striking subsection (c) and inserting the following: ``(c) Authority of Administrator To Disapprove Specifications.-- ``(1) In general.--The Administrator, in accordance with this subsection, may prohibit the specification of any defined area as a disposal site, and may deny or restrict the use of any defined area for specification as a disposal site, in any case in which the Administrator determines, after notice and opportunity for public hearings and consultation with the Secretary, that the discharge of those materials into the area will have an unacceptable adverse effect on-- ``(A) municipal water supplies; ``(B) shellfish beds and fishery areas (including spawning and breeding areas); ``(C) wildlife; or ``(D) recreational areas. ``(2) Deadline for action.-- ``(A) In general.--The Administrator shall-- ``(i) not later than 30 days after the date on which the Administrator receives from the Secretary for review a specification proposed to be issued under subsection (a), provide notice to the Secretary of, and publish in the Federal Register, a description of any potential concerns of the Administrator with respect to the specification, including a list of measures required to fully address those concerns; and ``(ii) if the Administrator intends to disapprove a specification, not later than 60 days after the date on which the Administrator receives a proposed specification under subsection (a) from the Secretary, provide to the Secretary and the applicant, and publish in the Federal Register, a statement of disapproval of the specification pursuant to this subsection, including the reasons for the disapproval. ``(B) Failure to act.--If the Administrator fails to take any action or meet any deadline described in subparagraph (A) with respect to a proposed specification, the Administrator shall have no further authority under this subsection to disapprove or prohibit issuance of the specification. ``(3) No retroactive disapproval.-- ``(A) In general.--The authority of the Administrator to disapprove or prohibit issuance of a specification under this subsection-- ``(i) terminates as of the date that is 60 days after the date on which the Administrator receives the proposed specification from the Secretary for review; and ``(ii) shall not be used with respect to any specification after issuance of the specification by the Secretary under subsection (a). ``(B) Specifications disapproved before date of enactment.--In any case in which, before the date of enactment of this subparagraph, the Administrator disapproved a specification under this subsection (as in effect on the day before the date of enactment of the Mining Jobs Protection Act) after the specification was issued by the Secretary pursuant to subsection (a)-- ``(i) the Secretary may-- ``(I) reevaluate and reissue the specification after making appropriate modifications; or ``(II) elect not to reissue the specification; and ``(ii) the Administrator shall have no further authority to disapprove the modified specification or any reissuance of the specification. ``(C) Finality.--An election by the Secretary under subparagraph (B)(i) shall constitute final agency action. ``(4) Applicability.--Except as provided in paragraph (3), this subsection applies to each specification proposed to be issued under subsection (a) that is pending as of, or requested or filed on or after, the date of enactment of the Mining Jobs Protection Act''. SEC. 3. REVIEW OF PERMITS. Section 404(q) of the Federal Water Pollution Control Act (33 U.S.C. 1344(q)) is amended-- (1) in the first sentence, by striking ``(q) Not later than'' and inserting the following: ``(q) Agreements; Higher Review of Permits.-- ``(1) Agreements.-- ``(A) In general.--Not later than''; (2) in the second sentence, by striking ``Such agreements'' and inserting the following: ``(B) Deadline.--Agreements described in subparagraph (A)''; and (3) by adding at the end the following: ``(2) Higher review of permits.-- ``(A) In general.--Subject to subparagraph (C), before the Administrator or the head of another Federal agency requests that a permit proposed to be issued under this section receive a higher level of review by the Secretary, the Administrator or other head shall-- ``(i) consult with the head of the State agency having jurisdiction over aquatic resources in each State in which activities under the requested permit would be carried out; and ``(ii) obtain official consent from the State agency (or, in the case of multiple States in which activities under the requested permit would be carried out, from each State agency) to designate areas covered or affected by the proposed permit as aquatic resources of national importance. ``(B) Failure to obtain consent.--If the Administrator or the head of another Federal agency does not obtain State consent described in subparagraph (A) with respect to a permit proposed to be issued under this section, the Administrator or Federal agency may not proceed in seeking higher review of the permit. ``(C) Limitation on elevations.--The Administrator or the head of another Federal agency may request that a permit proposed to be issued under this section receive a higher level of review by the Secretary not more than once per permit. ``(D) Effective date.--This paragraph applies to permits for which applications are submitted under this section on or after January 1, 2010.''.

Mining Jobs Protection Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to repeal provisions that require the Administrator of the Environmental Protection Agency (EPA) to consult with the Secretary of the Army before denying or restricting the use of specified areas as disposal sites for discharges of dredged or fill material into waters of the United States. Requires the Administrator to provide, within specified timeframes, to: (1) the Secretary notice of any concerns with respect to a specification for a disposal site proposed to be issued under a permit to discharge into navigable waters; and (2) the Secretary and permit applicants the reasons for any disapproval of permits. Removes the Administrator's authority to prohibit the specification of any defined area as a disposal site: (1) 60 days after the Administrator receives the proposed specification from the Secretary for review; and (2) once the Secretary has issued a permit for dredged or fill material. Authorizes the Secretary to reevaluate and reissue, or to elect not to reissue, a specification in any case in which, before the enactment of this Act, the Administrator disproved of a specification after it was issued by the Secretary. Sets forth requirements that must be met before the Administrator or the head of another agency requests that a proposed permit for dredged or fill material receive a higher level of review by the Secretary.

{"src": "billsum_train", "title": "A bill to amend the Federal Water Pollution Control Act to clarify the authority of the Administrator to disapprove specifications of disposal sites for the discharge of, dredged or fill material, and to clarify the procedure under which a higher review of specifications may be requested."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Breastfeeding Promotion Act''. TITLE I--AMENDMENT TO THE CIVIL RIGHTS ACT OF 1964 SEC. 101. SHORT TITLE. This title may be cited as the ``Pregnancy Discrimination Act Amendments of 2003''. SEC. 102. FINDINGS; PURPOSES. (a) Findings.--Congress finds the following: (1) Women with infants and toddlers are a rapidly growing segment of the labor force today. (2) Statistical surveys of families show that over 50 percent of mothers with children less than 1 year of age are in the labor force. (3) The American Academy of Pediatrics recommends that mothers breastfeed exclusively for six months but continuing for at least the 1st year of a child's life and that arrangements be made to allow a mother's expressing of milk if mother and child must separate. (4) Research studies show that children who are not breastfed have higher rates of mortality, meningitis, some types of cancers, asthma and other respiratory illnesses, bacterial and viral infections, diarrhoeal diseases, ear infections, allergies, and obesity. (5) Research studies have also shown that breastmilk and breastfeeding have protective effects against the development of a number of chronic diseases, including juvenile diabetes, lymphomas, Crohn's disease, celiac disease, some chronic liver diseases, and ulcerative colitis. (6) Maternal benefits of breastfeeding include a reduced risk for postpartum hemorrhage and decreased risk for developing osteoporosis, ovarian cancer, and premenopausal breast cancer. (7) The health benefits to children from breastfeeding translate into a threefold decrease in parental absenteeism due to infant illness. (8) Congress intended to include breastfeeding and expressing breast milk as protected conduct under the amendment made by the Pregnancy Discrimination Act of 1978 to title VII of the Civil Rights Act of 1964. (9) Although title VII of the Civil Rights Act of 1964, as so amended, applies with respect to ``pregnancy, childbirth, or related medical conditions'', a few courts have failed to reach the conclusion that breastfeeding and expressing breast milk in the workplace are covered by the such title. (b) Purposes.--The purposes of this title are-- (1) to promote the health and well-being of infants whose mothers return to the workplace after childbirth, and (2) to clarify that breastfeeding and expressing breast milk in the workplace are protected conduct under the amendment made by the Pregnancy Discrimination Act of 1978 to title VII of the Civil Rights Act of 1964. SEC. 103. AMENDMENT TO TITLE VII OF THE CIVIL RIGHTS ACT OF 1964. Section 701(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(k)) is amended-- (1) by inserting ``(including lactation)'' after ``childbirth'', and (2) by adding at the end the following: ``For purposes of this subsection, the term `lactation' means a condition that may result in the feeding of a child directly from the breast or the expressing of milk from the breast.''. TITLE II--CREDIT FOR EMPLOYER EXPENSES FOR PROVIDING APPROPRIATE ENVIRONMENT ON BUSINESS PREMISES FOR EMPLOYED MOTHERS TO BREASTFEED OR EXPRESS MILK FOR THEIR CHILDREN SEC. 201. ALLOWANCE OF CREDIT FOR EMPLOYER EXPENSES FOR PROVIDING APPROPRIATE ENVIRONMENT ON BUSINESS PREMISES FOR EMPLOYED MOTHERS TO BREASTFEED OR EXPRESS MILK FOR THEIR CHILDREN. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45G. CREDIT FOR EMPLOYER EXPENSES INCURRED TO FACILITATE EMPLOYED MOTHERS WHO BREASTFEED OR EXPRESS MILK FOR THEIR CHILDREN. ``(a) In General.--For purposes of section 38, the breastfeeding promotion and support credit determined under this section for the taxable year is an amount equal to 50 percent of the qualified breastfeeding promotion and support expenditures of the taxpayer for such taxable year. ``(b) Dollar Limitation.--The credit allowable under subsection (a) for any taxable year shall not exceed $10,000. ``(c) Qualified Breastfeeding Promotion and Support Expenditure.-- For purposes of this section-- ``(1) In general.--The term `qualified breastfeeding promotion and support expenditure' means any amount paid or incurred in connection with a trade or business of the taxpayer-- ``(A) for breast pumps and other equipment specially designed to assist mothers who are employees of the taxpayer to breastfeed or express milk for their children but only if such pumps and equipment meet such standards (if any) prescribed by the Secretary of Health and Human Services, and ``(B) for consultation services to the taxpayer or employees of the taxpayer relating to breastfeeding. ``(2) Costs of other exclusive use property included.--Such term includes any amount paid or incurred for the acquisition or lease of tangible personal property (not described in paragraph (1)(A)) which is exclusively used by mothers who are employees of the taxpayer to breastfeed or express milk for their children unless such property is located in any residence of the taxpayer or any employee of the taxpayer. ``(d) Recapture of Credit.-- ``(1) In general.--If, during any taxable year, any property for which a credit was allowed under this section is disposed of or otherwise ceases to be used by the taxpayer as required by this section, then the tax of the taxpayer under this chapter for such taxable year shall be increased by an amount equal to the recapture percentage of the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted solely from reducing to zero any credit determined under this section with respect to such property. The preceding sentence shall not apply to property leased to the taxpayer. ``(2) Recapture percentage.--For purposes of this subsection, the recapture percentage shall be determined in accordance with the following table: The recapture ``If the recapture event occurs in: percentage is: Year 1............................... 100 Year 2............................... 60 Year 3............................... 30 Year 4 or thereafter................. 0. The references to years in the preceding table are references to the consecutive taxable years beginning with the taxable year in which the property is placed in service by the taxpayer as year 1. ``(3) Certain rules to apply.--Rules similar to the rules of paragraphs (3) and (4), and subparagraphs (B) and (C) of paragraph (5), of section 50(a) shall apply for purposes of this subsection. ``(e) Special Rules.--For purposes of this section-- ``(1) Aggregation rules.--For purposes of subsection (b), all persons which are treated as a single employer under subsection (a) or (b) of section 52 shall be treated as a single taxpayer, and the dollar amount contained in such subsection shall be allocated among such persons under regulations prescribed by the Secretary. ``(2) Reduction in basis.--Rules similar to the rules of paragraphs (1) and (2) of section 50(c), and section 1016(a)(19), shall apply with respect to property for which a credit is determined under this section. ``(3) Other deductions and credits.--No deduction or credit shall be allowed under any other provision of this chapter with respect to any expenditure for which a credit is determined under this section.''. (b) Conforming Amendments.-- (1) Section 38(b) of such Code is amended-- (A) by striking ``plus'' at the end of paragraph (14), (B) by striking the period at the end of paragraph (15) and inserting ``, plus'', and (C) by adding at the end the following new paragraph: ``(16) the breastfeeding promotion and support credit determined under section 45G(a).'' (2) Subsection (d) of section 39 of such Code (relating to carryback and carryforward of unused credits) is amended by adding at the end the following new paragraph: ``(11) No carryback of section 45g credit before january 1, 2003.--No portion of the unused business credit for any taxable year which is attributable to the credit determined under section 45G may be carried back to a taxable year beginning before January 1, 2003.''. (3) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45G. Credit for employer expenses incurred to facilitate employed mothers who breastfeed or express milk for their children.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002. TITLE III--SAFE AND EFFECTIVE BREAST PUMPS SEC. 301. SHORT TITLE. This title may be cited as the ``Safe and Effective Breast Pumps Act''. SEC. 302. BREAST PUMPS. (a) Performance Standards.--The Secretary of Health and Human Services shall take such action as may be appropriate to put into effect a performance standard for breast pumps irrespective of the class to which the breast pumps have been classified under section 513 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c). In establishing such standard, the Secretary shall identify those pumps appropriate for use on a regular basis in a place of employment based on the efficiency and effectiveness of the pump and on sanitation factors related to communal use. Action to put into effect a performance standard shall be taken within one year of the date of the enactment of this Act. (b) Compliance Policy Guide.--The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall issue a compliance policy guide which will assure that women who want to breastfeed a child are given full and complete information respecting breast pumps. TITLE IV--DEFINITION OF MEDICAL CARE IN INTERNAL REVENUE CODE EXPANDED TO INCLUDE BREASTFEEDING EQUIPMENT AND SERVICES SEC. 401. DEFINITION OF MEDICAL CARE EXPANDED TO INCLUDE BREASTFEEDING EQUIPMENT AND SERVICES. (a) In General.--Paragraph (1) of section 213(d) of the Internal Revenue Code of 1986 (defining medical care) is amended by striking ``or'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ``, or'', and by inserting after subparagraph (D) the following: ``(E) qualified breastfeeding equipment and services.''. (b) Qualified Breastfeeding Equipment and Services.--Subsection (d) of section 213 of such Code (relating to definitions) is amended by adding at the end the following new paragraph: ``(12) Qualified breastfeeding equipment and services.--For purposes of paragraph (1)(E), the term `qualified breastfeeding equipment and services' means-- ``(A) breast pumps and other equipment specially designed to assist a mother to breastfeed or express milk for her child but only if such pumps and equipment meet such standards (if any) prescribed by the Secretary of Health and Human Services, and ``(B) consultation services relating to breastfeeding.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2002.

Breastfeeding Promotion Act - Pregnancy Discrimination Act Amendments of 2003 - Amends the Civil Rights Act of 1964 to include lactation (breastfeeding, including expression of milk) as protected conduct under such Act. Amends the Internal Revenue Code (IRC) to allow a limited credit to employers for expenses incurred in enabling employed nursing mothers to breastfeed. Safe and Effective Breast Pumps Act - Directs the Secretary of Health and Human Services to: (1) put into effect a performance standard for breast pumps irrespective of the class to which the breast pumps have been classified under the Federal Food, Drug, and Cosmetic Act; and (2) issue a compliance policy guide which will assure that women who want to breastfeed a child are given full and complete information respecting breast pumps. Expands the IRC definition of medical care to include qualified breastfeeding equipment and services.

{"src": "billsum_train", "title": "To amend the Civil Rights Act of 1964 to protect breastfeeding by new mothers; to provide for a performance standard for breast pumps; and to provide tax incentives to encourage breastfeeding."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Elementary Mathematics and Science Equipment Act''. SEC. 2. STATEMENT OF PURPOSE. It is the purpose of this Act to raise the quality of instruction in mathematics and science in the Nation's elementary schools by providing equipment and materials necessary for hands-on instruction through assistance to State and local educational agencies and schools. SEC. 3. PROGRAM AUTHORIZED. (a) Grants.--The Secretary is authorized to make allotments to State educational agencies under section 4 to enable such agencies to award grants to local educational agencies for the purpose of providing equipment and materials to elementary schools to improve mathematics and science education in such schools. (b) Authorization of Appropriations.--There are authorized to be appropriated $30,000,000 for fiscal year 1994, and such sums as necessary for each of the fiscal years 1995, 1996, 1997, and 1998 to carry out this Act. SEC. 4. ALLOTMENTS OF FUNDS. (a) In General.--From the amount appropriated under section 3(b) for any fiscal year, the Secretary shall reserve-- (1) not more than one-half of 1 percent for allotment among Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau according to their respective needs for assistance under this Act; and (2) one-half of 1 percent for programs for Indian students served by schools funded by the Secretary of the Interior which are consistent with the purposes of this part. (b) Allotment.-- (1) In general.--Except as provided in paragraph (2) and from the amount not reserved pursuant to subsection (a), the Secretary shall make allotments among State educational agencies in the States as follows: (A) One-half of such remainder shall be distributed among such State educational agencies by allotting to each State educational agency an amount which bears the same ratio to such one-half of such remainder as the number of children aged 5 to 11, inclusive, in the State bears to the number of such children in all States. (B) One-half of such remainder shall be distributed among such State educational agencies according to each State's share of allocations under chapter 1 of title I of the Elementary and Secondary Education Act of 1965. (2) Minimum.--No State shall receive in any fiscal year an allotment under paragraph (1) which is less than-- (A) one-half of 1 percent of the amount available under this subsection in such fiscal year; or (B) the amount allotted to such State for fiscal year 1988 under title II of the Education for Economic Security Act. (c) Reallotment of Unused Funds.--The amount of any State's allotment under subsection (b) for any fiscal year to carry out this Act which the Secretary determines will not be required for that fiscal year to carry out this Act shall be available for reallotment from time to time, on such dates during that year as the Secretary may determine, to other States in proportion to the original allotments to those States under subsection (b) for that year but with such proportionate amount for any of those other States being reduced to the extent it exceeds the sum the Secretary estimates that the State needs and will be able to use for that year, and the total of those reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced. Any amounts reallotted to a State under this subsection during a year shall be deemed a subpart of its allotment under subsection (b) for that year. (d) Definitions.--For the purposes of this Act-- (1) the term ``elementary school'' has the same meaning given such term in section 1471(8) of the Elementary and Secondary Education Act of 1965; (2) the term ``local educational agency'' has the same meaning given such term in section 1471(12) of the Elementary and Secondary Education Act of 1965; (3) the term ``Secretary'', unless otherwise specified, means the Secretary of Education; (4) the term ``State'' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico; and (5) the term ``State educational agency'' has the same meaning given to such term by section 1471(23) of the Elementary and Secondary Education Act of 1965. (e) Data.--The number of children aged 5 to 11, inclusive, in a State and in all States shall be determined by the Secretary on the basis of the most recent satisfactory data available to the Secretary. SEC. 5. STATE APPLICATION. (a) Application.--Each State educational agency desiring to receive an allotment under this Act shall file an application with the Secretary which covers a period of 5 fiscal years. Such application shall be filed at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. (b) Contents of Application.--Each application described in subsection (a) shall-- (1) provide assurances that-- (A) the State educational agency shall use the allotment provided under this Act to award grants to local educational agencies within the State to enable such local educational agencies to carry out the purpose of this Act; (B) the State educational agency will provide such fiscal control and funds accounting as the Secretary may require; (C) every public elementary school in the State is eligible to receive a grant under this Act once over the 5-year duration of the program assisted under this Act; (D) funds provided under this Act will supplement, not supplant, State and local funds made available for activities authorized under this Act; (E) during the 5-year period described in the application, the State educational agency will evaluate its standards and programs for teacher preparation and inservice professional development for elementary mathematics and science; (F) the State educational agency will take into account the needs for greater access to and participation in mathematics and science by students and teachers from historically underrepresented groups, including females, minorities, individuals with limited-English proficiency, the economically disadvantaged, and individuals with disabilities; and (G) the needs of teachers and students in areas with high concentrations of low-income students and sparsely populated areas will be considered in awarding grants under this Act; (2) provide a description of how funds made available under this Act will be coordinated with State and local funds and other Federal resources, particularly with respect to programs for the professional development and inservice training of elementary school teachers in science and mathematics; and (3) describe procedures-- (A) for submitting applications for assistance in accordance with sections 6 and 7; (B) for the distribution of grant payments under this Act within the State; and (C) for approval of applications by the State educational agency, including appropriate procedures to assure that such agency will not disapprove an application without notice and opportunity for a hearing. (c) State Administration.--Not more than 5 percent of the funds allotted to each State educational agency under this part shall be used for the administrative costs of such agency associated with carrying out the program assisted under this Act. SEC. 6. LOCAL APPLICATION. (a) Application.--A local educational agency that desires to receive a grant under this part shall submit an application to the State educational agency. Each such application shall contain assurances that each school served by the local educational agency shall be eligible for only one grant under this Act. (b) Contents of Application.--Each application described in subsection (a) shall-- (1) provide assurances that the local educational agency shall use the grant such agency receives under this Act to award grants to schools served by such agency to enable such schools to carry out the purposes of this Act; (2) describe how the local educational agency plans to set priorities on the use and distribution among schools of grant funds received under this Act to meet the purpose of this Act; (3) include assurances that the local educational agency has made every effort to match on a dollar-for-dollar basis from private or public sources the grant funds received under this Act, except that no such application shall be penalized or denied assistance under this Act based on failure to provide such matching funds; (4) describe how funds under this Act will be coordinated with State, local, and other Federal resources, especially with respect to programs for the professional development and inservice training of elementary school teachers in science and mathematics; and (5) describe the process which will be used to determine different levels of grant amounts to be awarded to schools with different needs. (c) Priority.--In awarding grants under this Act, the State educational agency shall give priority to local applications that-- (1) assign highest priority to providing assistance to schools which are most seriously under-equipped; (2) are attentive to the needs of underrepresented groups in science and mathematics; (3) demonstrate how science and mathematics equipment will be part of a comprehensive plan of curriculum planning or implementation and teacher training supporting hands-on laboratory activities; (4) give priority to providing equipment and materials for students in grades 1 through 6; and (5) provide assurances that equipment and materials provided under this Act shall be equitably available to all children in the classroom. SEC. 7. PARTICIPATION OF PRIVATE NONPROFIT ELEMENTARY SCHOOLS. (a) Participation of Private Schools.--To the extent consistent with the number of children in the State or in the school district of each local educational agency who are enrolled in private nonprofit elementary schools, such State educational agency shall, after consultation with appropriate private school representatives, make provision to include services and arrangements for the benefit of such children as will assure the equitable participation of such children in the purposes and benefits of this Act. (b) Waiver.--If by reason of any provision of State law a local educational agency is prohibited from providing for the participation of children or teachers from private nonprofit elementary schools as required by subsection (a), or if the Secretary determines that a State or local educational agency has substantially failed or is unwilling to provide for such participation on an equitable basis, the Secretary shall waive such requirements and shall arrange for the provision of services to such children or teachers subject to the requirement of this Act. Such waivers shall be subject to consultation, withholding, notice, and judicial review requirements described in section 1017 of the Elementary and Secondary Education Act of 1965. SEC. 8. PROGRAM REQUIREMENTS. (a) Coordination.--Each State educational agency receiving a grant under this Act shall-- (1) disseminate information to school districts and schools, including private nonprofit elementary schools, regarding the grant program assisted under this Act; (2) evaluate applications of local educational agencies; (3) award grants to local educational agencies based on the priorities described in section 6(c); and (4) evaluate local educational agencies' end-of-the-year summaries. (b) Limitations on Use of Funds.-- (1) In general.--Grant funds and matching funds under this Act only shall be used to purchase science equipment, science materials, or mathematical manipulative materials and shall not be used for computers, computer peripherals, software, textbooks, or staff development costs. (2) Capital improvements.--Grant funds under this Act may not be used for capital improvements. Not more than 50 percent of matching funds provided by the local educational agency may be used for capital improvements of classroom science facilities to support the hands-on instruction that this Act is intended to support, such as the installation of electrical outlets, plumbing, lab tables or counters, or ventilation mechanisms. SEC. 9. FEDERAL ADMINISTRATION. (a) Technical Assistance and Evaluation Procedures.--The Secretary shall provide technical assistance and, in consultation with State and local representatives of the program assisted under this Act, shall develop procedures for State and local evaluations of the programs under this part. (b) Report.--The Secretary shall report to the Congress each year on the program assisted under this Act.

Elementary Mathematics and Science Equipment Act - Authorizes the Secretary of Education to allot funds to State educational agencies to award grants to local educational agencies to provide hands-on instruction equipment and materials to elementary schools to improve mathematics and science education. Authorizes appropriations. Sets forth requirements for: (1) State allotments; (2) State and local applications; (3) grant award priorities; (4) participation of private schools; (5) State and Federal responsibilities; and (6) limitation on use of grant funds only for science equipment or materials and mathematical manipulative materials necessary for hands-on instruction.

{"src": "billsum_train", "title": "Elementary Mathematics and Science Equipment Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Liability Improvement Act of 1993''. SEC. 2. GENERAL PROVISIONS. (a) Congressional Findings.-- (1) Effect on interstate commerce.--The Congress finds that the health care and insurance industries are industries affecting interstate commerce and the medical malpractice litigation systems existing throughout the United States affect interstate commerce by contributing to the high cost of health care and premiums for malpractice insurance purchased by health care providers. (2) Effect on federal spending.--The Congress finds that the medical malpractice litigation systems existing throughout the United States have a significant effect on the amount, distribution, and use of Federal funds because of-- (A) the large number of individuals who receive health care benefits under programs operated or financed by the Federal Government; (B) the large number of individuals who benefit because of the exclusion from Federal taxes of the amounts spent by their employers to provide them with health insurance benefits; (C) the large number of health care providers and health care professionals who provide items or services for which the Federal Government makes payments; and (D) the large number of such providers and professionals who have received direct or indirect financial assistance from the Federal Government because of their status as such professionals or providers. (b) Applicability.--This Act shall apply with respect to any medical malpractice liability claim and to any medical malpractice liability action brought in any State or Federal court, except that this Act shall not apply to-- (1) a claim or action for damages arising from a vaccine- related injury or death to the extent that title XXI of the Public Health Service Act applies to the action; or (2) a claim or action in which the claimant's sole allegation is an allegation of an injury arising from the use of a medical product. (c) Preemption of State Law.--Subject to section 12, this Act supersedes State law only to the extent that State law differs from any provision of law established by or under this Act. Any issue that is not governed by any provision of law established by or under this Act shall be governed by otherwise applicable State or Federal law. (d) Federal Court Jurisdiction Not Established on Federal Question Grounds.--Nothing in this Act shall be construed to establish any jurisdiction in the district courts of the United States over medical malpractice liability actions on the basis of sections 1331 or 1337 of title 28, United States Code. SEC. 3. DEFINITIONS. As used in this Act: (1) Claimant.--The term ``claimant'' means any person who alleges a medical malpractice liability claim, or, in the case of an individual who is deceased, incompetent, or a minor, the person on whose behalf such a claim is alleged. (2) Economic damages.--The term ``economic damages'' means damages paid to compensate an individual for losses for hospital and other medical expenses, lost wages, lost employment, and other pecuniary losses. (3) Health care professional.--The term ``health care professional'' means any individual who provides health care services in a State and who is required by State law or regulation to be licensed or certified by the State to provide such services in the State. (4) Health care provider.--The term ``health care provider'' means any organization or institution that is engaged in the delivery of health care services in a State and that is required by State law or regulation to be licensed or certified by the State to engage in the delivery of such services in the State. (5) Injury.--The term ``injury'' means any illness, disease, or other harm that is the subject of a medical malpractice liability action or claim. (6) Medical malpractice liability action.--The term ``medical malpractice liability action'' means a civil action (other than an action in which the claimant's sole allegation is an allegation of an intentional tort) brought in a State or Federal court against a health care provider or health care professional (regardless of the theory of liability on which the action is based) in which the claimant alleges a medical malpractice liability claim. (7) Medical malpractice liability claim.--The term ``medical malpractice liability claim'' means a claim in which the claimant alleges that injury was caused by the provision of (or the failure to provide) health care services. (8) Medical product.--The term ``medical product'' means a device (as defined in section 201(h) of the Federal Food, Drug, and Cosmetic Act) or a drug (as defined in section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act). (9) Noneconomic damages.--The term ``noneconomic damages'' means damages paid to compensate an individual for losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of consortium, and other nonpecuniary losses, but does not include punitive damages. (10) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (11) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. SEC. 4. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this Act shall apply with respect to claims accruing or actions brought on or after the expiration of the 3-year period that begins on the date of the enactment of this Act. (b) Exception for States Requesting Earlier Implementation of Reforms.-- (1) Application.--A State may submit an application to the Secretary requesting the early implementation of this Act with respect to claims or actions brought in the State. (2) Decision by secretary.--The Secretary shall issue a response to a State's application under paragraph (1) not later than 90 days after receiving the application. If the Secretary determines that the State meets the requirements of this Act at the time of submitting its application, the Secretary shall approve the State's application, and this Act shall apply with respect to actions brought in the State on or after the expiration of the 90-day period that begins on the date the Secretary issues the response. If the Secretary denies the State's application, the Secretary shall provide the State with a written explanation of the grounds for the decision. SEC. 5. ATTORNEYS' FEES. (a) Limitation on Contingency Fees.--An attorney shall not contract for or collect a contingency fee for representing a claimant in a medical malpractice liability action in excess of the following: (1) 40 percent of the first $50,000 (or portion thereof) of the amount recovered by the claimant. (2) 33\1/3\ percent of the next $50,000 (or portion thereof) of the amount recovered by the claimant. (3) 25 percent of the next $500,000 (or portion thereof) of the amount recovered by the claimant. (4) 15 percent of any amounts recovered by the claimant in excess of $600,000. This subsection applies whether the recovery is by settlement, arbitration, or judgment. (b) Calculation of Periodic Payments.--If periodic payments are awarded to the claimant pursuant to section 8(b), the court shall place a total value on these payments based upon the projected life expectancy of the claimant and include this amount in computing the total award from which attorneys' fees are calculated under subsection (a). (c) Special Rule for Determining Amount Recovered.--In subsection (a), the term ``recovered'' means the net sum recovered after deducting any disbursements or costs incurred in connection with prosecution or settlement of the claim, except that costs of medical care incurred by the claimant and the attorney's office overhead costs or charges shall not be deductible disbursements under this subsection. SEC. 6. LIMITATION ON NONECONOMIC DAMAGES. The total amount of damages which may be awarded to an individual and the family members of such individual for noneconomic losses resulting from an injury which is the subject of a medical malpractice liability claim may not exceed $250,000, regardless of the number of health care professionals and health care providers against whom the claim is brought or the number of claims brought with respect to the injury. SEC. 7. STATUTE OF LIMITATIONS. (a) In General.--No medical malpractice liability claim may be brought after the expiration of the 2-year period that begins on the date the alleged injury that is the subject of the action should reasonably have been discovered, but in no event after the expiration of the 4-year period that begins on the date the alleged injury occurred. (b) Exception for Minors.--In the case of an alleged injury suffered by a minor who has not attained 6 years of age, no medical malpractice liability claim may be brought after the expiration of the 2-year period that begins on the date the alleged injury that is the subject of the action should reasonably have been discovered, but in no event after the date on which the minor attains 10 years of age. SEC. 8. PERIODIC PAYMENTS FOR FUTURE LOSSES. If more than $50,000 in damages for expenses to be incurred in the future is awarded to the claimant in a medical malpractice liability action, the court shall at the request of either party, enter a judgment ordering such damages to be paid on a periodic basis determined appropriate by the court (based upon projections of when such expenses are likely to be incurred). SEC. 9. MANDATORY OFFSETS FOR DAMAGES PAID BY A COLLATERAL SOURCE. (a) In General.--The total amount of damages received by a plaintiff in a medical malpractice liability action shall be reduced (in accordance with subsection (b)) by any other payment that has been or will be made to the individual to compensate the plaintiff for the injury that was the subject of the action, including payment under-- (1) Federal or State disability or sickness programs; (2) Federal, State, or private health insurance programs; (3) private disability insurance programs; (4) employer wage continuation programs; and (5) any other source of payment intended to compensate the plaintiff for such injury. (b) Amount of Reduction.--The amount by which an award of damages to a plaintiff shall be reduced under subsection (a) shall be-- (1) the total amount of any payments (other than such award) that have been made or that will be made to the plaintiff to compensate the plaintiff for the injury that was the subject of the action; minus (2) the amount paid by the plaintiff (or by the spouse, parent, or legal guardian of the plaintiff) to secure the payments described in paragraph (1). SEC. 10. SPECIAL PROVISION FOR CERTAIN OBSTETRIC SERVICES. (a) Imposition of Higher Standard of Proof.-- (1) In general.--In the case of a medical malpractice liability action relating to services provided during labor or the delivery of a baby, if the defendant health care professional did not previously treat the plaintiff for the pregnancy, the trier of fact may not find that the defendant committed malpractice and may not assess damages against the defendant unless the malpractice is proven by clear and convincing evidence. (2) Applicability to group practices or agreements among providers.--For purposes of paragraph (1), a health care professional shall be considered to have previously treated an individual for a pregnancy if the professional is a member of a group practice whose members previously treated the individual for the pregnancy or is providing services to the individual during labor or the delivery of a baby pursuant to an agreement with another professional. (b) Clear and Convincing Evidence Defined.--In subsection (a), the term ``clear and convincing evidence'' is that measure or degree of proof that will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established, except that such measure or degree of proof is more than that required under preponderance of the evidence, but less than that required for proof beyond a reasonable doubt. SEC. 11. JOINT AND SEVERAL LIABILITY. The liability of each defendant in a medical malpractice liability action shall be several only and shall not be joint, and each defendant shall be liable only for the amount of damages allocated to the defendant in direct proportion to the defendant's percentage of responsibility (as determined by the trier of fact). SEC. 12. PREEMPTION. (a) In General.--This Act supersedes any State law only to the extent that State law-- (1) permits the recovery of a greater amount of damages by a plaintiff; (2) permits the collection of a greater amount of attorneys' fees by a plaintiff's attorney; (3) establishes a longer period during which a medical malpractice liability claim may be initiated; or (4) establishes a stricter standard for determining whether a defendant was negligent or for determining the liability of defendants described in section 10 in actions described in such section. (b) Effect on Sovereign Immunity and Choice of Law or Venue.-- Nothing in subsection (a) shall be construed to-- (1) waive or affect any defense of sovereign immunity asserted by any State under any provision of law; (2) waive or affect any defense of sovereign immunity asserted by the United States; (3) affect the applicability of any provision of the Foreign Sovereign Immunities Act of 1976; (4) preempt State choice-of-law rules with respect to claims brought by a foreign nation or a citizen of a foreign nation; or (5) affect the right of any court to transfer venue or to apply the law of a foreign nation or to dismiss a claim of a foreign nation or of a citizen of a foreign nation on the ground of inconvenient forum. SEC. 13. RETURNS RELATING TO TAXABLE MEDICAL MALPRACTICE AWARDS. (a) In General.--Subpart B of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to information concerning transactions with other persons) is amended by adding at the end thereof the following new section: ``SEC. 6050O. RETURNS RELATING TO TAXABLE MEDICAL MALPRACTICE AWARDS. ``(a) In General.--If-- ``(1) any person makes medical malpractice payments to another person during any calendar year, ``(2) a portion of such payments is includible in gross income for purposes of chapter 1, and ``(3) the portion of such payments so includible exceeds $600, then the person making such payments shall make a return (at such time and in such form as the Secretary may by regulations prescribe) setting forth the name, address, and TIN of the person to whom such payments were made, the aggregate amount of such payments, and the portion of such payments includible in gross income for purposes of chapter 1. ``(b) Statements To Be Furnished to Persons With Respect to Whom Information Is Required To Be Furnished.--Every person required to make a return under subsection (a) with respect to payments made to any person shall furnish to such person a written statement showing-- ``(1) the name and address of the person required to make such return, and ``(2) the information required to be shown on the return with respect to the person to whom such payments were made. The written statement required under the preceding sentence shall be furnished to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) was made. ``(c) Medical Malpractice Payments.--For purposes of this section, the term `medical malpractice payment' means any payment (whether by suit or agreement and whether as a lump sum or periodic payment) on account of a medical malpractice liability claim (as defined in section 3(7) of the Medical Liability Improvement Act of 1993).'' (b) Penalties.-- (1) Returns.--Subparagraph (A) of section 6724(d)(1) of such Code is amended by striking ``or'' at the end of clause (vi), by striking ``and'' at the end of clause (vii) and inserting ``or'', and by adding at the end thereof the following new clause: ``(viii) section 6050O (relating to returns relating to taxable medical malpractice awards),''. (2) Statements.--Paragraph (2) of section 6724(d) of such Code is amended by redesignating subparagraphs (P) through (S) as subparagraphs (Q) through (T), respectively, and by inserting after subparagraph (O) the following new subparagraph: ``(P) section 6050O(b) (relating to returns relating to taxable medical malpractice awards),''. (c) Clerical Amendment.--The table of sections for subpart B of part III of subchapter A of chapter 61 is amended by adding at the end thereof the following new item: ``Sec. 6050O. Returns relating to taxable medical malpractice awards.'' (d) Effective Date.--The amendments made by this section shall apply to payments after the date of the enactment of this Act. HR 2851 IH----2

Medical Liability Improvement Act of 1993 - Sets forth provisions concerning, with respect to medical malpractice liability claims: (1) limitations on attorney's fees; (2) limitations on noneconomic damages; (3) the statute of limitations; (4) periodic payments for future losses; (5) mandatory offsets for damages paid by a collateral source; (6) certain obstetric services; (7) joint and several liability; and (8) preemption of inconsistent State law. Amends the Internal Revenue Code to require the reporting of certain medical malpractice payments.

{"src": "billsum_train", "title": "Medical Liability Improvement Act of 1993"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Quincy Library Group Forest Recovery and Economic Stability Act of 1997''. SEC. 2. PILOT PROJECT FOR PLUMAS, LASSEN, AND TAHOE NATIONAL FORESTS TO IMPLEMENT QUINCY LIBRARY GROUP PROPOSAL. (a) Definition.--For purposes of this section, the term ``Quincy Library Group-Community Stability Proposal'' means the agreement by a coalition of representatives of fisheries, timber, environmental, county government, citizen groups, and local communities that formed in northern California to develop a resource management program that promotes ecologic and economic health for certain Federal lands and communities in the Sierra Nevada area. Such proposal includes the map entitled ``QUINCY LIBRARY GROUP Community Stability Proposal'', dated June 1993, and prepared by VESTRA Resources of Redding, California. (b) Pilot Project Required.-- (1) Pilot project and purpose.--The Secretary of Agriculture (in this section referred to as the ``Secretary''), acting through the Forest Service and after completion of an environmental impact statement (a record of decision for which shall be adopted within 200 days), shall conduct a pilot project on the Federal lands described in paragraph (2) to implement and demonstrate the effectiveness of the resource management activities described in subsection (d) and the other requirements of this section, as recommended in the Quincy Library Group-Community Stability Proposal. (2) Pilot project area.--The Secretary shall conduct the pilot project on the Federal lands within Plumas National Forest, Lassen National Forest, and the Sierraville Ranger District of Tahoe National Forest in the State of California designated as ``Available for Group Selection'' on the map entitled ``QUINCY LIBRARY GROUP Community Stability Proposal'', dated June 1993 (in this section referred to as the ``pilot project area''). Such map shall be on file and available for inspection in the appropriate offices of the Forest Service. (c) Exclusion of Certain Lands, Riparian Protection and Compliance.-- (1) Exclusion.--All spotted owl habitat areas and protected activity centers located within the pilot project area designated under subsection (b)(2) will be deferred from resource management activities required under subsection (d) and timber harvesting during the term of the pilot project. (2) In general.--The Regional Forester for region 5 shall direct that during the term of the pilot project any resource management activity required by subsection (d), all road building, and all timber harvesting activities shall not be conducted on the Federal lands within the Plumas National Forest, Lassen National Forest, and Sierraville Ranger District of the Tahoe National Forest in the State of California that are designated as either ``Off Base'' or ``Deferred'' on the map referred to in subsection (a). (3) Riparian protection.-- (A) In general.--The Scientific Analysis Team guidelines for riparian system protection described in subparagraph (B) shall apply to all resource management activities conducted under subsection (d) and all timber harvesting activities that occur in the pilot project area during the term of the pilot project. (B) Guidelines described.--The guidelines referred to in subparagraph (A) are those in the document entitled ``Viability Assessments and Management Considerations for Species Associated with Late- Successional and Old-Growth Forests of the Pacific Northwest'', a Forest Service research document dated March 1993 and co-authored by the Scientific Analysis Team, including Dr. Jack Ward Thomas. (4) Compliance.--All resource management activities required by subsection (d) shall be implemented to the extent consistent with applicable Federal law and the standards and guidelines for the conservation of the California spotted owl as set forth in the California Spotted Owl Sierran Provence Interim Guidelines, or the subsequently issued final guidelines whichever is in effect. (d) Resource Management Activities.--During the term of the pilot project, the Secretary shall implement and carry out the following resource management activities on an acreage basis on the Federal lands included within the pilot project area designated under subsection (b)(2): (1) Fuelbreak construction.--Construction of a strategic system of defensible fuel profile zones, including shaded fuelbreaks, utilizing thinning, individual tree selection, and other methods of vegetation management consistent with the Quincy Library Group-Community Stability Proposal, on not less than 40,000, but not more than 60,000, acres per year. (2) Group selection and individual tree selection.-- Utilization of group selection and individual tree selection uneven-aged forest management prescriptions described in the Quincy Library Group-Community Stability Proposal to achieve a desired future condition of all-age, multistory, fire resilient forests as follows: (A) Group selection.--Group selection on an average acreage of .57 percent of the pilot project area land each year of the pilot project. (B) Individual tree selection.--Individual tree selection may also be utilized within the pilot project area. (3) Total acreage.--The total acreage on which resource management activities are implemented under this subsection shall not exceed 70,000 acres each year. (4) Riparian management.--A program of riparian management, including wide protection zones and riparian restoration projects, consistent with riparian protection guidelines in subsection (c)(2)(B). (e) Cost-Effectiveness.--In conducting the pilot project, Secretary shall use the most cost-effective means available, as determined by the Secretary, to implement resource management activities described in subsection (d). (f) Funding.-- (1) Source of funds.--In conducting the pilot project, the Secretary shall use, subject to the relevant reprogramming guidelines of the House and Senate Committees on Appropriations-- (A) those funds specifically provided to the Forest Service by the Secretary to implement resource management activities according to the Quincy Library Group-Community Stability Proposal; and (B) excess funds that are allocated for the administration and management of Plumas National Forest, Lassen National Forest, and the Sierraville Ranger District of Tahoe National Forest. (2) Prohibition on use of certain funds.--The Secretary may not conduct the pilot project using funds appropriated for any other unit of the National Forest System. (3) Flexibility.--Subject to normal reprogramming guidelines, during the term of the pilot project, the forest supervisors of Plumas National Forest, Lassen National Forest, and Tahoe National Forest may allocate and use all accounts that contain excess funds and all available excess funds for the administration and management of Plumas National Forest, Lassen National Forest, and the Sierraville Ranger District of Tahoe National Forest to perform the resource management activities described in subsection (d). (4) Restriction.--The Secretary or the forest supervisors, as the case may be, shall not utilize authority provided under paragraphs (1)(B) and (3) if, in their judgment, doing so will limit other nontimber related multiple use activities for which such funds were available. (5) Overhead.--Of amounts available to carry out this section-- (A) not more than 12 percent may be used or allocated for general administration or other overhead; and (B) at least 88 percent shall be used to implement and carry out activities required by this section. (6) Authorized supplemental funds.--There are authorized to be appropriated to implement and carry out the pilot project such sums as are necessary. (7) Baseline funds.--Amounts available for resource management activities authorized under subsection (d) shall at a minimum include existing baseline funding levels. (g) Term of Pilot Project.--The Secretary shall conduct the pilot project during the period beginning on the date of the enactment of this Act and ending on the later of the following: (1) The date on which the Secretary completes amendment or revision of the land and resource management plans for Plumas National Forest, Lassen National Forest, and Tahoe National Forest pursuant to subsection (i). (2) The date that is five years after the date of the commencement of the pilot project. (h) Consultation.--(1) Each statement required by subsection (b)(1) shall be prepared in consultation with the Quincy Library Group. (2) Contracting.--The Forest Service, subject to the availability of appropriations, may carry out any (or all) of the requirements of this section using private contracts. (i) Corresponding Forest Plan Amendments.--Within 180 days after the date of the enactment of this Act, the Regional Forester for Region 5 shall initiate the process to amend or revise the land and resource management plans for Plumas National Forest, Lassen National Forest, and Tahoe National Forest. The process shall include preparation of at least one alternative that-- (1) incorporates the pilot project and area designations made by subsection (b), the resource management activities described in subsection (d), and other aspects of the Quincy Library Group Community Stability Proposal; and (2) makes other changes warranted by the analyses conducted in compliance with section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)), section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604), and other applicable laws. (j) Reporting Requirements.-- (1) In general.--Not later than February 28 of each year during the term of the pilot project, the Secretary after consultation with the Quincy Library Group, shall submit to Congress a report on the status of the pilot project. The report shall include at least the following: (A) A complete accounting of the use of funds made available under subsection (f)(1)(A) until such funds are fully expended. (B) A complete accounting of the use of funds and accounts made available under subsection (f)(1) for the previous fiscal year, including a schedule of the amounts drawn from each account used to perform resource management activities described in subsection (d). (C) A description of total acres treated for each of the resource management activities required under subsection (d), forest health improvements, fire risk reductions, water yield increases, and other natural resources-related benefits achieved by the implementation of the resource management activities described in subsection (d). (D) A description of the economic benefits to local communities achieved by the implementation of the pilot project. (E) A comparison of the revenues generated by, and costs incurred in, the implementation of the resource management activities described in subsection (d) on the Federal lands included in the pilot project area with the revenues and costs during each of the fiscal years 1992 through 1997 for timber management of such lands before their inclusion in the pilot project. (F) A schedule for the resource management activities to be undertaken in the pilot project area during the calendar year. (G) A description of any adverse environmental impacts. (2) Limitation on expenditures.--The amount of Federal funds expended on each annual report under this subsection shall not exceed $50,000. (k) Final Report.-- (1) In general.--Beginning after completion of 6 months of the second year of the pilot project, the Secretary shall compile a science-based assessment of, and report on, the effectiveness of the pilot project in meeting the stated goals of this pilot project. Such assessment and report-- (A) shall include watershed monitoring of lands treated under this section, that should address the following issues on a priority basis: timing of water releases, water quality changes, and water yield changes over the short and long term in the pilot project area; (B) shall include an analysis of any adverse environmental impacts; (C) shall be compiled in consultation with the Quincy Library Group; and (D) shall be submitted to the Congress by July 1, 2002. (2) Limitations on expenditures.--The amount of Federal funds expended for the assessment and report under this subsection, other than for watershed monitoring under paragraph (1)(A), shall not exceed $150,000. The amount of Federal funds expended for watershed monitoring under paragraph (1)(A) shall not exceed $75,000 for each of fiscal years 2000, 2001, and 2002. (l) Relationship to Other Laws.--Nothing in this section exempts the pilot project from any Federal environmental law.

Quincy Library Group Forest Recovery and Economic Stability Act of 1997 - Directs the Secretary of Agriculture to conduct a pilot project within the Plumas, Lassen, and Tahoe National Forests, California, to demonstrate the effectiveness of specified fire resiliency resource management activities recommended by the Quincy Library Group-Community Stability Proposal. Exempts spotted owl habitat and protected areas within the project area from such required activities and timber harvesting. Provides for riparian protection. Limits: (1) annual project acreage; (2) funding sources; (3) project duration; and (4) report expenditures. Requires corresponding amendments to be made to the Plumas, Lassen, and Tahoe forest management plans within a specified time. Sets forth reporting provisions.

{"src": "billsum_train", "title": "Quincy Library Group Forest Recovery and Economic Stability Act of 1997"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Small Business Regulatory Assistance Act of 2005''. SEC. 2. PURPOSE. The purpose of this Act is to establish a program to-- (1) provide confidential assistance to small business concerns; (2) provide small business concerns with the information necessary to improve their rate of compliance with Federal and State regulations; (3) create a partnership among Federal agencies to increase outreach efforts to small business concerns with respect to regulatory compliance; (4) provide a mechanism for unbiased feedback to Federal agencies on the regulatory environment for small business concerns; and (5) utilize the service delivery network of Small Business Development Centers to improve access of small business concerns to programs to assist them with regulatory compliance. SEC. 3. DEFINITIONS. In this Act, the definitions set forth in section 37(a) of the Small Business Act (as added by section 4 of this Act) shall apply. SEC. 4. SMALL BUSINESS REGULATORY ASSISTANCE PROGRAM. The Small Business Act (15 U.S.C. 637 et seq.) is amended-- (1) by redesignating section 37 as section 38; and (2) by inserting after section 36 the following new section: ``SEC. 37. SMALL BUSINESS REGULATORY ASSISTANCE PROGRAM. ``(a) Definitions.--In this section, the following definitions apply: ``(1) Association.--The term `Association' means the association recognized by the Administrator of the Small Business Administration under section 21(a)(3)(A). ``(2) Participating small business development center.--The term `participating Small Business Development Center' means a Small Business Development Center participating in the program. ``(3) Program.--The term `program' means the regulatory assistance program established under this section. ``(4) Regulatory compliance assistance.--The term `regulatory compliance assistance' means assistance provided by a Small Business Development Center to a small business concern to enable the concern to comply with Federal regulatory requirements. ``(5) Small business development center.--The term `Small Business Development Center' means a Small Business Development Center described in section 21. ``(6) State.--The term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa. ``(b) Authority.--In accordance with this section, the Administrator shall establish a program to provide regulatory compliance assistance to small business concerns through selected Small Business Development Centers, the Association of Small Business Development Centers, and Federal compliance partnership programs. ``(c) Small Business Development Centers.-- ``(1) In general.--In carrying out the program, the Administrator shall enter into arrangements with selected Small Business Development Centers under which such Centers shall provide-- ``(A) access to information and resources, including current Federal and State nonpunitive compliance and technical assistance programs similar to those established under section 507 of the Clean Air Act (42 U.S.C. 7661f); ``(B) training and educational activities; ``(C) confidential, free-of-charge, one-on-one, in- depth counseling to the owners and operators of small business concerns regarding compliance with Federal and State regulations, as long as such counseling is not considered to be the practice of law in a State in which a Small Business Development Center is located or in which such counseling is conducted; ``(D) technical assistance; ``(E) referrals to experts and other providers of compliance assistance who meet such standards for educational, technical, and professional competency as are established by the Administrator; and ``(F) access to the Internet and training on Internet use, including the use of the Internet website established by the Administrator under subsection (d)(1)(C). ``(2) Reports.-- ``(A) In general.--Each selected Small Business Development Center shall transmit to the Administrator a quarterly report that includes-- ``(i) a summary of the regulatory compliance assistance provided by the center under the program; and ``(ii) any data and information obtained by the center from a Federal agency regarding regulatory compliance that the agency intends to be disseminated to small business concerns. ``(B) Electronic form.--Each report required under subparagraph (A) shall be transmitted in electronic form. ``(C) Interim reports.--A participating Small Business Development Center may transmit to the Administrator such interim reports as the Center considers appropriate. ``(D) Limitation on disclosure requirements.--The Administrator shall not require a Small Business Development Center to disclose the name or address of any small business concern that received or is receiving assistance under the program, except that the Administrator shall require such a disclosure if ordered to do so by a court in any civil or criminal action. ``(d) Data Repository and Clearinghouse.-- ``(1) In general.--In carrying out the program, the Administrator shall-- ``(A) act as the repository of and clearinghouse for data and information submitted by Small Business Development Centers; ``(B) submit to the President, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives an annual report that includes-- ``(i) a description of the types of assistance provided by participating Small Business Development Centers under the program; ``(ii) data regarding the number of small business concerns that contacted participating Small Business Development Centers regarding assistance under the program; ``(iii) data regarding the number of small business concerns assisted by participating Small Business Development Centers under the program; ``(iv) data and information regarding outreach activities conducted by participating Small Business Development Centers under the program, including any activities conducted in partnership with Federal agencies; ``(v) data and information regarding each case known to the Administrator in which one or more Small Business Development Centers offered conflicting advice or information regarding compliance with a Federal or State regulation to one or more small business concerns; ``(vi) any recommendations for improvements in the regulation of small business concerns; and ``(vii) a list of regulations identified by the Administrator, after consultation with the Chief Counsel for Advocacy of the Administration, who shall review such list, and the Small Business and Agriculture Regulatory Enforcement Ombudsman, as being most burdensome to small business concerns, and recommendations to reduce or eliminate the burdens of such regulations; and ``(C) establish an Internet website that-- ``(i) provides access to Federal, State, academic, and industry association Internet websites containing industry-specific regulatory compliance information that the Administrator deems potentially useful to small businesses attempting to comply with Federal regulations; and ``(ii) arranges such Internet websites in industry-specific categories. ``(e) Review of Burdensome Regulations and Petition for Agency Review.-- ``(1) Transmission of list of regulations to chief counsel for advocacy.--The Administrator shall transmit to the Chief Counsel for Advocacy of the Administration a copy of the list of regulations submitted under subsection (d)(1)(B) as part of the annual report required by that subsection. ``(2) Review of list of regulations.--The Chief Counsel for Advocacy shall review the list of regulations transmitted under paragraph (1) and identify any regulation that-- ``(A) is eligible for review in accordance with section 610 of title 5, United States Code; ``(B) has a significant impact on a substantial number of small business concerns that is substantially different from the impact indicated in the final regulatory flexibility analysis for that regulation, as published with the final regulation in the Federal Register; or ``(C) has a significant impact on a substantial number of small business concerns and for which no final regulatory flexibility analysis was ever performed. ``(3) Notification and agency review.--With respect to any regulation identified under paragraph (2) the Chief Counsel for Advocacy shall-- ``(A) notify the appropriate Federal rulemaking agency and the Office of Information and Regulatory Affairs of the Office of Management of the identification of such rule or regulation; and ``(B) request the review of such regulation-- ``(i) in accordance with section 610 of title 5, United States Code; or ``(ii) for any impact it has on small business concerns. ``(4) Annual report.--The Chief Counsel for Advocacy shall publish an annual report containing a list of any regulation identified under paragraph (2) and the disposition by the appropriate agency. ``(f) Eligibility.-- ``(1) In general.--A Small Business Development Center shall be eligible to receive assistance under the program only if the center is certified under section 21(k)(2). ``(2) Waiver.-- With respect to a Small Business Development Center seeking assistance under the program, the administrator may waive the certification requirement set forth in paragraph (1) if the Administrator determines that the center is making a good faith effort to obtain such certification. ``(3) Effective date.--The restriction described in paragraph (1) shall not apply to any Small Business Development Center before October 1, 2005. ``(g) Selection of Participating State Programs.-- ``(1) Establishment of program.--In consultation with the Association and giving substantial weight to the Association's recommendations, the Administrator shall select the Small Business Development Center programs of 2 States from each of the following groups of States to participate in the program: ``(A) Group 1: Maine, Massachusetts, New Hampshire, Connecticut, Vermont, and Rhode Island. ``(B) Group 2: New York, New Jersey, Puerto Rico, and the Virgin Islands. ``(C) Group 3: Pennsylvania, Maryland, West Virginia, Virginia, the District of Columbia, and Delaware. ``(D) Group 4: Georgia, Alabama, North Carolina, South Carolina, Mississippi, Florida, Kentucky, and Tennessee. ``(E) Group 5: Illinois, Ohio, Michigan, Indiana, Wisconsin, and Minnesota. ``(F) Group 6: Texas, New Mexico, Arkansas, Oklahoma, and Louisiana. ``(G) Group 7: Missouri, Iowa, Nebraska, and Kansas. ``(H) Group 8: Colorado, Wyoming, North Dakota, South Dakota, Montana, and Utah. ``(I) Group 9: California, Guam, Hawaii, Nevada, and Arizona. ``(J) Group 10: Washington, Alaska, Idaho, and Oregon. ``(2) Deadline for initial selections.--The Administrator shall make selections under paragraph (1) not later than 60 days after promulgation of regulations under section 5 of the National Small Business Regulatory Assistance Act of 2005. ``(3) Additional selections.--Not earlier than the date 3 years after the date of the enactment of this paragraph, the Administrator may select Small Business Development Center programs of States in addition to those selected under paragraph (1). The Administrator shall consider the effect on the programs selected under paragraph (1) before selecting additional programs under this paragraph. ``(4) Coordination to avoid duplication with other programs.--In selecting programs under this subsection, the Administrator shall give a preference to Small Business Development Center programs that have a plan for consulting with Federal and State agencies to ensure that any assistance provided under this section is not duplicated by an existing Federal or State program. ``(h) Matching not Required.--Subparagraphs (A) and (B) of section 21(a)(4) shall not apply to assistance made available under the program. ``(i) Distribution of Grants.-- ``(1) In general.--Except as provided in paragraph (2), each State program selected to receive a grant under subsection (g) in a fiscal year shall be eligible to receive a grant in an amount not to exceed the product obtained by multiplying-- ``(A) the amount made available for grants under this section for the fiscal year; and ``(B) the ratio that the population of the State bears to the population of all the States with programs selected to receive grants under subsection (g) for the fiscal year. ``(2) Minimum amount.--The minimum amount that a State program selected to receive a grant under subsection (g) shall be eligible to receive under this section for any fiscal year shall be $200,000. The Administrator shall reduce the amount described in paragraph (1) as appropriate to carry out the purposes of this paragraph and subsection (j)(2). ``(j) Evaluation and Report.--Not later than 3 years after the establishment of the program, the Comptroller General of the United States shall conduct an evaluation of the program and shall transmit to the Administrator, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives a report containing the results of the evaluation along with any recommendations as to whether the program, with or without modification, should be extended to include the participation of all Small Business Development Centers. ``(k) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2006 and each subsequent fiscal year. ``(2) Limitation on use of other funds.--The Administrator shall carry out the program only with amounts appropriated in advance specifically to carry out this section.''. SEC. 5. PROMULGATION OF REGULATIONS. After providing notice and an opportunity for comment and after consulting with the Association (but not later than 180 days after the date of the enactment of this Act), the Administrator shall promulgate final regulations to carry out this Act, including regulations that establish-- (1) priorities for the types of assistance to be provided under the program; (2) standards relating to educational, technical, and support services to be provided by participating Small Business Development Centers; (3) standards relating to any national service delivery and support function to be provided by the Association under the program; (4) standards relating to any work plan that the Administrator may require a participating Small Business Development Center to develop; and (5) standards relating to the educational, technical, and professional competency of any expert or other assistance provider to whom a small business concern may be referred for compliance assistance under the program.

National Small Business Regulatory Assistance Act of 2005 - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA) to establish a program to provide regulatory compliance assistance to small businesses through selected Small Business Development Centers (Centers), the Association for Small Business Development Centers (Association), and Federal compliance partnership programs. Requires the Administrator to enter into arrangements with selected Centers to provide: (1) access to regulatory information and resources; (2) training and education activities; (3) confidential counseling to owners and operators of small businesses regarding compliance with Federal and State regulations; (4) technical assistance; (5) referrals to providers of compliance assistance; and (6) access to the Internet and training on Internet use. Requires quarterly reports from each selected Center to the Administrator on assistance provided. Directs the Administrator to: (1) act as the repository of and clearinghouse for data and information submitted by Centers; (2) report annually to the President and the congressional small business committees on assistance provided; and (3) establish an Internet website that provides access to websites containing industry-specific regulatory compliance information. Directs the Chief Counsel for Advocacy of the SBA to: (1) review the Administrator's list of small business regulations; (2) identify those regulations having a significant impact on small businesses; (3) request the federal review of any such regulations; and (4) publish an annual report of such regulations and their disposition. Requires the Administrator, giving substantial weight to the Association's recommendations, to select the Centers programs of two States from each of ten groups of States for participation in the program. Authorizes the Administrator to make additional selections after three years, with a preference for programs that have a plan for consulting with Federal and State agencies to ensure that assistance provided under this Act is not duplicated by any other Federal or State program. Sets forth the formula for determining program grant amounts. Provides a minimum grant amount of $200,000. Directs the Comptroller General to evaluate the grant program and report evaluation results to the Administrator and the small business committees. Authorizes appropriations. Requires the Administrator to promulgate final regulations to carry out this Act, after providing notice and an opportunity for comment and after consulting with the Association.

{"src": "billsum_train", "title": "To amend the Small Business Act to direct the Administrator of the Small Business Administration to establish a program to provide regulatory compliance assistance to small business concerns, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Prisoner Health Care Copayment Act''. SEC. 2. PRISONER COPAYMENTS FOR HEALTH CARE SERVICES. (a) In General.--Chapter 303 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 4048. Prisoner copayments for health care services ``(a) Definitions.--In this section-- ``(1) the term `account' means the trust fund account (or institutional equivalent) of a prisoner; ``(2) the term `Director' means the Director of the Bureau of Prisons; ``(3) the term `health care provider' means any person who is licensed or certified under State law to provide health care services and who is operating within the scope of such license; ``(4) the term `health care visit' means any visit by a prisoner to an institutional or noninstitutional health care provider, if the visit is made at the request of the prisoner; ``(5) the term `prisoner' means any person subject to incarceration, detention, or admission to any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program; and ``(6) the term `qualified health care visit' means any health care visit except a health care visit ``(A) that-- ``(i) is conducted during the incarceration intake process; ``(ii) is an annual examination; ``(iii) is determined by the health care provider to be an emergency visit; ``(iv) is an immunization; ``(v) is initiated by the health care staff of the Bureau of Prisons; or ``(vi) is the direct result of a referral made by a prison official; or ``(B) by a prisoner who is-- ``(i) less than 18 years of age; ``(ii) pregnant; or ``(iii) determined by the appropriate official of the Bureau of Prisons to be seriously mentally ill or permanently disabled. ``(b) Copayments For Health Care Services.--The Director shall assess and collect a fee in accordance with this section-- ``(1) in an amount equal to not less than $3 and not more than $5, for each qualified health care visit; ``(2) in an amount not to exceed $5, which shall be established by the Director by regulation, for-- ``(A) each prescription medication provided to the prisoner by a health care provider; and ``(B) each health care visit described in subparagraph (A)(iii) or (B)(i) of subsection (a)(6); and ``(3) in an amount established by the Director by regulation, for each health care visit occurring as a result of an injury inflicted on a prisoner by another prisoner. ``(c) Responsibility for Payment.--Each fee assessed under subsection (b) shall be collected by the Director from the account of-- ``(1) the prisoner making the health care visit or receiving the prescription medication; or ``(2) in the case of a health care visit described in subsection (b)(3), the prisoner who is determined by the Director to have inflicted the injury. ``(d) Timing.--Each fee assessed under this section shall be collected from the appropriate account under subsection (c)-- ``(1) on the date on which the qualified health care visit occurs; or ``(2) in the case of a prisoner whose account balance is determined by the Director to be insufficient for collection of the fee in accordance with paragraph (1), in accordance with an installment payment plan, which shall be established by the Director by regulation. ``(e) No Refusal of Treatment for Financial Reasons.--Nothing in this section shall be construed to permit any refusal of treatment to a prisoner on the basis that-- ``(1) account of the prisoner is insolvent; or ``(2) the prisoner is otherwise unable to pay a fee assessed under this section in accordance with subsection (d)(1). ``(f) Use of Amounts.--Any amounts collected by the Director under this section shall be deposited in the Crime Victims' Fund established under section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601). ``(g) Reports to Congress.--Not later than 1 year after the date of enactment of the Federal Prisoner Health Care Copayment Act and annually thereafter, the Director shall submit to Congress a report, which shall include-- ``(1) a description of the amounts collected under this section during the preceding 12-month period; and ``(2) an analysis of the effects of the implementation of this section, if any, on the nature and extent of health care visits by prisoners.''. (b) Clerical Amendment.--The chapter analysis for chapter 303 of title 18, United States Code, is amended by adding at the end the following: ``4048. Prisoner copayments for health care services.''.

Federal Prisoner Health Care Copayment Act - Amends the Federal criminal code to impose a fee for health care visits (with certain types of visits exempted) and prescriptions, to be paid by the prisoner making the visit or taking the prescription or, in the case of a prisoner injured by another prisoner, to be paid by the prisoner who inflicted the injury. Prohibits refusal of treatment on the basis that a prisoner is unable to pay.

{"src": "billsum_train", "title": "Federal Prisoner Health Care Copayment Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fortifying America's Intellectual Property Rights (FAIR) Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) International markets are vital to intellectual property industries in the United States, providing a strong export base that sustains jobs in the United States. This sector of the United States economy is threatened due to widespread patent and trademark infringement and the unauthorized reproduction, distribution, and sale of copyrighted works created in the United States. (2) The United States is the world's largest creator, producer, and exporter of copyrighted materials, accounting for more than 5 percent of the Gross Domestic Product (GDP) of the United States and adding billions of dollars to the United States economy annually. (3) International markets are vital to creative industries in the United States, providing a strong export base that sustains jobs in the United States. This sector of the United States economy is threatened due to widespread piracy--the unauthorized reproduction, distribution, and sale of works created in the United States. (4) Global piracy affecting the motion picture industry is estimated as amounting to $3,500,000,000 annually, not including illegal downloading. Globally, 2 in 5 music recordings are pirated copies, with annual world-wide sales of pirated music estimated at from $4,000,000,000 to $5,000,000,000. The software industry estimates losses of more than $13,000,000,000 in 2002 due to worldwide piracy. (5) The United States Trade Representative (USTR) has been charged with identifying countries that deny adequate and effective protection of intellectual property rights. The effective use of trade tools by the USTR, including the negotiation of bilateral free trade agreements, serves an essential role in protecting abroad the intellectual property rights of United States persons. (6) The Office of the USTR has more than 20 offices dedicated to specific areas of expertise, but does not include an office solely dedicated to the protection abroad of the intellectual property rights of United States persons. Currently, the Office of the Assistant United States Trade Representative for Services, Investment and Intellectual Property has a substantially large workload, given that services and investment account for more than 50 percent of the United States economy. (7) The USTR's ability to meet its mandate to protect abroad the intellectual property rights of United States persons should be enhanced by establishing a separate office dedicated exclusively to intellectual property matters, headed by an Assistant United States Trade Representative for Intellectual Property Rights. The resources dedicated to securing high standards of protection in trade agreements and enforcing those provisions vigorously should likewise be enhanced. SEC. 3. ASSISTANT U.S. TRADE REPRESENTATIVE FOR INTELLECTUAL PROPERTY RIGHTS. Section 141(c) of the Trade Act of 1974 (19 U.S.C. 2171(c)) is amended by adding at the end the following: ``(6)(A) There shall be in the Office the position of Assistant United States Trade Representative for Intellectual Property Rights. The Assistant United States Trade Representative for Intellectual Property Rights shall be appointed by the United States Trade Representative. ``(B) The Assistant United States Trade Representative for Intellectual Property Rights shall have primary responsibility for-- ``(i) intellectual property matters relating to bilateral and multilateral trade agreements, including-- ``(I) enforcement of, and any modifications to, the Agreement on Trade-Related Aspects of Intellectual Property Rights referred to in section 101(d)(15) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(15)); and ``(II) the negotiation and enforcement of intellectual property provisions of any other bilateral or multilateral trade agreement to which the United States is a party; ``(ii) the identification of countries under paragraphs (1) and (2) of section 182(a) of the Trade Act of 1974 (19 U.S.C. 2242(a)(1) and (2)), and any investigations under chapter 1 of title III of that Act (19 U.S.C. 2411 et seq.) arising from such identification or other actions of a foreign country described in section 182(a)(1) of that Act; and ``(iii) monitoring the extent to which the trading partners of the United States protect and enforce intellectual property rights of United States persons. ``(C) At least 6 professional staff members shall be assigned to assist the Assistant United States Trade Representative for Intellectual Property Rights in carrying out his or her functions, of which 3 shall be assigned to matters relating to enforcement. ``(D) The Assistant United States Trade Representative should direct and coordinate all interagency activities, including in consultation with the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office and the Register of Copyrights, on trade-related intellectual property matters and serve as the primary contact in the executive branch for all matters described in subparagraph (B). ``(E) The Assistant United States Trade Representative for Intellectual Property Rights shall receive compensation at the rate of pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code.''. SEC. 4. CONSTRUCTION. Nothing in this Act or the amendment made by this Act shall be construed to limit the powers and duties of the United States Patent and Trademark Office or the United States Copyright Office.

Fortifying America's Intellectual Property Rights (FAIR) Act - Amends the Trade Act of 1974 to establish in the Office of the United States Trade Representative the position of Assistant United States Trade Representative for Intellectual Property Rights, with primary responsibility for: (1) intellectual property matters relating to trade agreements and the negotiation and enforcement of intellectual property provisions of any such agreement to which the United States is a party; (2) identification and investigation of foreign countries that deny adequate protection of intellectual property rights or that deny fair market access to U.S. persons that rely upon intellectual property protections; and (3) monitoring the extent to which U.S. trading partners protect and enforce intellectual property rights of U.S. persons.

{"src": "billsum_train", "title": "To establish in the Office of the United States Trade Representative an Assistant United States Trade Representative for Intellectual Property Rights."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Cybersecurity Protection Act of 2014''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``Center'' means the national cybersecurity and communications integration center under section 226 of the Homeland Security Act of 2002, as added by section 3; (2) the term ``critical infrastructure'' has the meaning given that term in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101); (3) the term ``cybersecurity risk'' has the meaning given that term in section 226 of the Homeland Security Act of 2002, as added by section 3; (4) the term ``information sharing and analysis organization'' has the meaning given that term in section 212(5) of the Homeland Security Act of 2002 (6 U.S.C. 131(5)); (5) the term ``information system'' has the meaning given that term in section 3502(8) of title 44, United States Code; and (6) the term ``Secretary'' means the Secretary of Homeland Security. SEC. 3. NATIONAL CYBERSECURITY AND COMMUNICATIONS INTEGRATION CENTER. (a) In General.--Subtitle C of title II of the Homeland Security Act of 2002 (6 U.S.C. 141 et seq.) is amended by adding at the end the following: ``SEC. 226. NATIONAL CYBERSECURITY AND COMMUNICATIONS INTEGRATION CENTER. ``(a) Definitions.--In this section-- ``(1) the term `cybersecurity risk' means threats to and vulnerabilities of information or information systems and any related consequences caused by or resulting from unauthorized access, use, disclosure, degradation, disruption, modification, or destruction of information or information systems, including such related consequences caused by an act of terrorism; ``(2) the term `incident' means an occurrence that-- ``(A) actually or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of information on an information system; or ``(B) constitutes a violation or imminent threat of violation of law, security policies, security procedures, or acceptable use policies; ``(3) the term `information sharing and analysis organization' has the meaning given that term in section 212(5); and ``(4) the term `information system' has the meaning given that term in section 3502(8) of title 44, United States Code. ``(b) Center.--There is in the Department a national cybersecurity and communications integration center (referred to in this section as the `Center') to carry out certain responsibilities of the Under Secretary appointed under section 103(a)(1)(H). ``(c) Functions.--The cybersecurity functions of the Center shall include-- ``(1) being a Federal civilian interface for the multi- directional and cross-sector sharing of information related to cybersecurity risks, incidents, analysis, and warnings for Federal and non-Federal entities; ``(2) providing shared situational awareness to enable real- time, integrated, and operational actions across the Federal Government and non-Federal entities to address cybersecurity risks and incidents to Federal and non-Federal entities; ``(3) coordinating the sharing of information related to cybersecurity risks and incidents across the Federal Government; ``(4) facilitating cross-sector coordination to address cybersecurity risks and incidents, including cybersecurity risks and incidents that may be related or could have consequential impacts across multiple sectors; ``(5)(A) conducting integration and analysis, including cross- sector integration and analysis, of cybersecurity risks and incidents; and ``(B) sharing the analysis conducted under subparagraph (A) with Federal and non-Federal entities; ``(6) upon request, providing timely technical assistance, risk management support, and incident response capabilities to Federal and non-Federal entities with respect to cybersecurity risks and incidents, which may include attribution, mitigation, and remediation; and ``(7) providing information and recommendations on security and resilience measures to Federal and non-Federal entities, including information and recommendations to-- ``(A) facilitate information security; and ``(B) strengthen information systems against cybersecurity risks and incidents. ``(d) Composition.-- ``(1) In general.--The Center shall be composed of-- ``(A) appropriate representatives of Federal entities, such as-- ``(i) sector-specific agencies; ``(ii) civilian and law enforcement agencies; and ``(iii) elements of the intelligence community, as that term is defined under section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)); ``(B) appropriate representatives of non-Federal entities, such as-- ``(i) State and local governments; ``(ii) information sharing and analysis organizations; and ``(iii) owners and operators of critical information systems; ``(C) components within the Center that carry out cybersecurity and communications activities; ``(D) a designated Federal official for operational coordination with and across each sector; and ``(E) other appropriate representatives or entities, as determined by the Secretary. ``(2) Incidents.--In the event of an incident, during exigent circumstances the Secretary may grant a Federal or non-Federal entity immediate temporary access to the Center. ``(e) Principles.--In carrying out the functions under subsection (c), the Center shall ensure-- ``(1) to the extent practicable, that-- ``(A) timely, actionable, and relevant information related to cybersecurity risks, incidents, and analysis is shared; ``(B) when appropriate, information related to cybersecurity risks, incidents, and analysis is integrated with other relevant information and tailored to the specific characteristics of a sector; ``(C) activities are prioritized and conducted based on the level of risk; ``(D) industry sector-specific, academic, and national laboratory expertise is sought and receives appropriate consideration; ``(E) continuous, collaborative, and inclusive coordination occurs-- ``(i) across sectors; and ``(ii) with-- ``(I) sector coordinating councils; ``(II) information sharing and analysis organizations; and ``(III) other appropriate non-Federal partners; ``(F) as appropriate, the Center works to develop and use mechanisms for sharing information related to cybersecurity risks and incidents that are technology-neutral, interoperable, real-time, cost-effective, and resilient; and ``(G) the Center works with other agencies to reduce unnecessarily duplicative sharing of information related to cybersecurity risks and incidents; ``(2) that information related to cybersecurity risks and incidents is appropriately safeguarded against unauthorized access; and ``(3) that activities conducted by the Center comply with all policies, regulations, and laws that protect the privacy and civil liberties of United States persons. ``(f) No Right or Benefit.-- ``(1) In general.--The provision of assistance or information to, and inclusion in the Center of, governmental or private entities under this section shall be at the sole and unreviewable discretion of the Under Secretary appointed under section 103(a)(1)(H). ``(2) Certain assistance or information.--The provision of certain assistance or information to, or inclusion in the Center of, one governmental or private entity pursuant to this section shall not create a right or benefit, substantive or procedural, to similar assistance or information for any other governmental or private entity.''. (b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 note) is amended by inserting after the item relating to section 225 the following: ``Sec. 226. National cybersecurity and communications integration center.''. SEC. 4. RECOMMENDATIONS REGARDING NEW AGREEMENTS. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit recommendations on how to expedite the implementation of information-sharing agreements for cybersecurity purposes between the Center and non-Federal entities (referred to in this section as ``cybersecurity information-sharing agreements'') to-- (1) the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate; and (2) the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives. (b) Contents.--In submitting recommendations under subsection (a), the Secretary shall-- (1) address the development and utilization of a scalable form that retains all privacy and other protections in cybersecurity information-sharing agreements that are in effect as of the date on which the Secretary submits the recommendations, including Cooperative Research and Development Agreements; and (2) include in the recommendations any additional authorities or resources that may be needed to carry out the implementation of any new cybersecurity information-sharing agreements. SEC. 5. ANNUAL REPORT. Not later than 1 year after the date of enactment of this Act, and every year thereafter for 3 years, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate, the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives, and the Comptroller General of the United States a report on the Center, which shall include-- (a) information on the Center, including-- (1) an assessment of the capability and capacity of the Center to carry out its cybersecurity mission under this Act; (2) the number of representatives from non-Federal entities that are participating in the Center, including the number of representatives from States, nonprofit organizations, and private sector entities, respectively; (3) the number of requests from non-Federal entities to participate in the Center and the response to such requests; (4) the average length of time taken to resolve requests described in paragraph (3); (5) the identification of-- (A) any delay in resolving requests described in paragraph (3) involving security clearance processing; and (B) the agency involved with a delay described in subparagraph (A); (6) a description of any other obstacles or challenges to resolving requests described in paragraph (3) and a summary of the reasons for denials of any such requests; (7) the extent to which the Department is engaged in information sharing with each critical infrastructure sector, including-- (A) the extent to which each sector has representatives at the Center; (B) the extent to which owners and operators of critical infrastructure in each critical infrastructure sector participate in information sharing at the Center; and (C) the volume and range of activities with respect to which the Secretary has collaborated with the sector coordinating councils and the sector-specific agencies to promote greater engagement with the Center; and (8) the policies and procedures established by the Center to safeguard privacy and civil liberties. SEC. 6. GAO REPORT. Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the effectiveness of the Center in carrying out its cybersecurity mission. SEC. 7. CYBER INCIDENT RESPONSE PLAN; CLEARANCES; BREACHES. (a) Cyber Incident Response Plan; Clearances.--Subtitle C of title II of the Homeland Security Act of 2002 (6 U.S.C. 141 et seq.), as amended by section 3, is amended by adding at the end the following: ``SEC. 227. CYBER INCIDENT RESPONSE PLAN. ``The Under Secretary appointed under section 103(a)(1)(H) shall, in coordination with appropriate Federal departments and agencies, State and local governments, sector coordinating councils, information sharing and analysis organizations (as defined in section 212(5)), owners and operators of critical infrastructure, and other appropriate entities and individuals, develop, regularly update, maintain, and exercise adaptable cyber incident response plans to address cybersecurity risks (as defined in section 226) to critical infrastructure. ``SEC. 228. CLEARANCES. ``The Secretary shall make available the process of application for security clearances under Executive Order 13549 (75 Fed. Reg. 162; relating to a classified national security information program) or any successor Executive Order to appropriate representatives of sector coordinating councils, sector information sharing and analysis organizations (as defined in section 212(5)), owners and operators of critical infrastructure, and any other person that the Secretary determines appropriate.''. (b) Breaches.-- (1) Requirements.--The Director of the Office of Management and Budget shall ensure that data breach notification policies and guidelines are updated periodically and require-- (A) except as provided in paragraph (4), notice by the affected agency to each committee of Congress described in section 3544(c)(1) of title 44, United States Code, the Committee on the Judiciary of the Senate, and the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives, which shall-- (i) be provided expeditiously and not later than 30 days after the date on which the agency discovered the unauthorized acquisition or access; and (ii) include-- (I) information about the breach, including a summary of any information that the agency knows on the date on which notification is provided about how the breach occurred; (II) an estimate of the number of individuals affected by the breach, based on information that the agency knows on the date on which notification is provided, including an assessment of the risk of harm to affected individuals; (III) a description of any circumstances necessitating a delay in providing notice to affected individuals; and (IV) an estimate of whether and when the agency will provide notice to affected individuals; and (B) notice by the affected agency to affected individuals, pursuant to data breach notification policies and guidelines, which shall be provided as expeditiously as practicable and without unreasonable delay after the agency discovers the unauthorized acquisition or access. (2) National security; law enforcement; remediation.--The Attorney General, the head of an element of the intelligence community (as such term is defined under section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)), or the Secretary may delay the notice to affected individuals under paragraph (1)(B) if the notice would disrupt a law enforcement investigation, endanger national security, or hamper security remediation actions. (3) OMB report.--During the first 2 years beginning after the date of enactment of this Act, the Director of the Office of Management and Budget shall, on an annual basis-- (A) assess agency implementation of data breach notification policies and guidelines in aggregate; and (B) include the assessment described in clause (i) in the report required under section 3543(a)(8) of title 44, United States Code. (4) Exception.--Any element of the intelligence community (as such term is defined under section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)) that is required to provide notice under paragraph (1)(A) shall only provide such notice to appropriate committees of Congress. (c) Rule of Construction.--Nothing in the amendment made by subsection (a) or in subsection (b)(1) shall be construed to alter any authority of a Federal agency or department. (d) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 note), as amended by section 3, is amended by inserting after the item relating to section 226 the following: ``Sec. 227. Cyber incident response plan. ``Sec. 228. Clearances.''. SEC. 8. RULES OF CONSTRUCTION. (a) Prohibition on New Regulatory Authority.--Nothing in this Act or the amendments made by this Act shall be construed to grant the Secretary any authority to promulgate regulations or set standards relating to the cybersecurity of private sector critical infrastructure that was not in effect on the day before the date of enactment of this Act. (b) Private Entities.--Nothing in this Act or the amendments made by this Act shall be construed to require any private entity-- (1) to request assistance from the Secretary; or (2) that requested such assistance from the Secretary to implement any measure or recommendation suggested by the Secretary. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the Senate on December 10, 2014. National Cybersecurity Protection Act of 2014 - (Sec. 3) Amends the Homeland Security Act of 2002 to establish a national cybersecurity and communications integration center in the Department of Homeland Security (DHS) to carry out the responsibilities of the DHS Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity, and related DHS programs. Requires the center to be the federal civilian interface for sharing cybersecurity risks, incidents, analysis, and warnings for federal and non-federal entities. Directs the center to: (1) enable real-time, integrated, and operational actions across federal and non-federal entities; (2) facilitate cross-sector coordination to address risks and incidents that may be related or could have consequential impacts across multiple sectors; (3) conduct and share analysis; and (4) provide technical assistance, risk management, and security measure recommendations. Directs the center to ensure: (1) continuous, collaborative, and inclusive coordination across sectors and with sector coordinating councils, information sharing and analysis organizations, and other appropriate non-federal partners; (2) development and use of technology-neutral, real-time mechanisms for sharing information about risks and incidents; and (3) safeguards against unauthorized access. Provides the Under Secretary with unreviewable discretion as to whether governmental or private entities are included in the center or are provided assistance or information. (Sec. 4) Requires the DHS Secretary to submit to Congress recommendations regarding how to expedite implementation of information-sharing agreements for cybersecurity purposes between the center and non-federal entities. (Sec. 5) Directs the Secretary to report annually to Congress concerning: (1) the number of non-federal participants, the length of time taken to resolve requests to participate in the center, and the reasons for any denials of such requests; (2) DHS's information sharing with each critical infrastructure sector; and (3) privacy and civil liberties safeguards. (Sec. 6) Requires a Comptroller General (GAO) report on the effectiveness of the center. (Sec. 7) Directs the Under Secretary to develop, maintain, and exercise adaptable cyber incident response plans to address cybersecurity risks to critical infrastructure. Requires the Secretary to make the application process for security clearances relating to a classified national security information program available to sector coordinating councils, sector information sharing and analysis organizations, and owners and operators of critical infrastructure. Directs the Office of Management and Budget (OMB) to ensure that data breach notification policies require affected agencies, after discovering an unauthorized acquisition or access, to notify: (1) Congress within 30 days, and (2) affected individuals as expeditiously as practicable. Allows the Attorney General (DOJ), heads of elements of the intelligence community, or the Secretary to delay notice to affected individuals for purposes of law enforcement investigations, national security, or security remediation actions. Requires OMB to assess agency implementation of data breach notification policies. (Sec. 8) Prohibits this Act from being construed to: (1) grant the Secretary any authority to promulgate regulations or set standards relating to the cybersecurity of private sector critical infrastructure that was not in effect on the day before the enactment of this Act, or (2) require any private entity to request the Secretary's assistance or to implement any recommendation suggested by the Secretary in response to such a request.

{"src": "billsum_train", "title": "National Cybersecurity Protection Act of 2014"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Real Interstate Driver Equity Act of 2002''. SEC. 2. REGULATION OF INTERSTATE PRE-ARRANGED GROUND TRANSPORTATION SERVICE. Section 14501 of title 49, United States Code, is amended by adding at the end the following: ``(d) Pre-Arranged Ground Transportation.-- ``(1) In general.--No State or political subdivision thereof and no interstate agency or other political agency of 2 or more States shall enact or enforce any law, rule, regulation, standard or other provision having the force and effect of law requiring a license or fee on account of the fact that a motor vehicle is providing pre-arranged ground transportation service if the motor carrier providing such service-- ``(A) meets all applicable registration requirements under chapter 139 for the interstate transportation of passengers; ``(B) meets all applicable vehicle and intrastate passenger licensing requirements of the State or States in which the motor carrier is domiciled or registered to do business; and ``(C) is providing such service pursuant to a contract for-- ``(i) transportation by the motor carrier from one State, including intermediate stops, to a destination in another State; or ``(ii) transportation by the motor carrier from one State, including intermediate stops in another State, to a destination in the original State. ``(2) Intermediate stop defined.--In this section, the term `intermediate stop', with respect to transportation by a motor carrier, means a pause in the transportation in order for one or more passengers to engage in personal or business activity, but only if the driver providing the transportation to such passenger or passengers does not, before resuming the transportation of such passenger (or at least 1 of such passengers), provide transportation to any other person not included among the passengers being transported when the pause began. ``(3) Matters not covered.--Nothing in this subsection shall be construed-- ``(A) as subjecting taxicab service to regulation under chapter 135 or section 31138; ``(B) as prohibiting or restricting an airport, train, or bus terminal operator from contracting to provide preferential access or facilities to one or more providers of pre-arranged ground transportation service; and ``(C) as restricting the right of any State or political subdivision of a State to require, in a nondiscriminatory manner, that any individual operating a vehicle providing prearranged ground transportation service originating in the State or political subdivision have submitted to pre-licensing drug testing or a criminal background investigation of the records of the State in which the operator is domiciled, by the State or political subdivision by which the operator is licensed to provide such service, or by the motor carrier providing such service, as a condition of providing such service.''. SEC. 3. DEFINITIONS. (a) In General.--Section 13102 of title 49, United States Code, is amended-- (1) by redesignating paragraphs (17), (18), (19), (20), (21), and (22) as paragraphs (18), (19), (21), (22), (23), and (24), respectively; (2) by inserting after paragraph (16) the following: ``(17) Pre-arranged ground transportation service.--The term `pre-arranged ground transportation service' means transportation for a passenger (or a group of passengers) that is arranged in advance (or is operated on a regular route or between specified points) and is provided in a motor vehicle with a seating capacity not exceeding 15 passengers (including the driver).''; and (3) by inserting after paragraph (19) (as so redesignated) the following: ``(20) Taxicab service.--The term `taxicab service' means passenger transportation in a motor vehicle having a capacity of not more than 8 passengers (including the driver), not operated on a regular route or between specified places, and that-- ``(A) is licensed as a taxicab by a State or a local jurisdiction; or ``(B) is offered by a person that-- ``(i) provides local transportation for a fare determined (except with respect to transportation to or from airports) primarily on the basis of the distance traveled; and ``(ii) does not primarily provide transportation to or from airports.''. (b) Conforming Amendments.-- (1) Motor carrier transportation.--Section 13506(a)(2) of title 49, United States Code, is amended to read as follows: ``(2) a motor vehicle providing taxicab service;''. (2) Minimum financial responsibility.--Section 31138(e)(2) of such title is amended to read as follows: ``(2) providing taxicab service (as defined in section 13102);''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Real Interstate Driver Equity Act of 2001 - Amends Federal transportation law to prohibit a State or political subdivision or an interstate agency of two or more States from enacting or enforcing any law, rule, or regulation requiring a license or fee on account of the fact that a motor vehicle is providing pre-arranged ground transportation service, if the motor carrier providing such service: (1) meets all applicable registration and vehicle and intrastate passenger licensing requirements; and (2) is providing such service, including intermediate stops in another State without taking on new passengers, pursuant to a contract for interstate and intrastate passenger travel.Declares that nothing in this Act shall be construed as: (1) subjecting taxicab service to Federal regulation (including certain Federal minimum financial responsibility requirements); (2) prohibiting or restricting an airport, train, or bus terminal operator from contracting to provide preferential access or facilities to one or more providers of pre-arranged ground transportation service; or (3) restricting the right of a State to require, in a nondiscriminatory manner, an individual operating a vehicle providing prearranged ground transportation service originating in the State to have submitted to pre-licensing drug testing or a criminal background investigation in the operator's domicile State, by the State in which the operator is licensed to provide the service, or by the motor carrier providing it, as a condition of providing such service.

{"src": "billsum_train", "title": "To amend title 49, United States Code, to prohibit States from requiring a license or fee on account of the fact that a motor vehicle is providing interstate pre-arranged ground transportation service, and for other purposes."}

SECTION 1. SHORT TITLE; FINDINGS; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Nurse and Health Care Worker Protection Act of 2013''. (b) Findings.--Congress finds the following: (1) In 2011, registered nurses ranked fifth among all occupations for the number of cases of musculoskeletal disorders resulting in days away from work, with 11,880 total cases. In 2011, nursing assistants reported 25,010 cases--the highest of all occupations. The leading cause of these health care employees' injuries is patient lifting, transferring, and repositioning injuries, which constitute a significant risk to the health and welfare of those employees. (2) The physical demands of the nursing profession lead many nurses to leave the profession. Fifty-two percent of nurses complain of chronic back pain and 38 percent suffer from pain severe enough to require leave from work. Many nurses and other health care workers suffering back injury do not return to work. These consequences constitute a material impairment of health for these employees. (3) Patients are not at optimum levels of safety while being lifted, transferred, or repositioned manually. Mechanical and other appropriate lift programs can substantially reduce skin tears and pressure ulcers suffered by patients and the frequency of patients being dropped, thus allowing patients a safer means to progress through their care. (4) The development of assistive patient handling technology, equipment, and devices has essentially rendered the act of strict manual patient handling outdated and typically unnecessary as a function of nursing care. (5) A growing number of health care facilities that have incorporated patient handling technology and practices have reported positive results. Injuries among nursing staff and health care workers have dramatically declined at health care facilities implementing safe patient handling technology, equipment, devices, and practices. As a result, the number of lost work days due to injury and staff turnover has declined. Studies have also shown that assistive patient handling technology successfully reduces workers' compensation costs for musculoskeletal disorders. (6) A number of States have implemented safe patient handling, mobility and injury prevention standards. The success of these programs at the facility and State level demonstrates the feasibility of such standards. (7) Establishing a safe patient handling, mobility, and injury prevention standard for direct-care registered nurses and other health care workers is a critical component reasonably necessary for protecting the health and safety of nurses and other health care workers, addressing the nursing shortage, and increasing patient safety. (c) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; findings; table of contents. Sec. 2. Safe patient handling, mobility, and injury prevention standard. Sec. 3. Application of safe patient handling, mobility, and injury prevention standard to facilities receiving Medicare and Medicaid funds. Sec. 4. Nonpreemption. Sec. 5. Definitions. SEC. 2. SAFE PATIENT HANDLING, MOBILITY, AND INJURY PREVENTION STANDARD. (a) Rulemaking.--Notwithstanding any other provision of law, not later than 1 year after the date of enactment of this Act, the Secretary of Labor shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655), promulgate an interim final standard on safe patient handling, mobility, and injury prevention (in this section such standard is referred to as the ``safe patient handling, mobility, and injury prevention standard'') to prevent musculoskeletal disorders for direct-care registered nurses and all other health care workers handling patients. A final safe patient handling, mobility, and injury prevention standard shall be promulgated not later than 2 years after the date of enactment of this Act. (b) Requirements.--The safe patient handling, mobility, and injury prevention standard shall require the use of engineering and safety controls to perform handling of patients and the elimination of injuries from manual handling of patients by direct-care registered nurses and all other health care workers, through the development of a comprehensive program, to include the use of mechanical technology and devices to the greatest degree feasible. Where the use of mechanical technology and devices is not feasible, the standards shall require the use of alternative controls and measures, including trained, designated lift teams, to minimize the risk of injury to nurses and health care workers resulting from the manual handling of patients. The standard shall apply to all health care employers, shall generally align with interprofessional national safe patient handling, mobility, and injury prevention standards, and shall include the following: (1) Program development.--A requirement that each health care employer shall develop and implement a safe patient handling, mobility, and injury prevention program within 6 months of the date of promulgation of the final standard, which program shall include hazard identification, risk assessments, and control measures in relation to patient care duties and patient handling. (2) Technology and equipment purchase and management.--A requirement that, within 2 years of the date of promulgation of the final standard, each health care employer shall purchase, use, maintain, and make accessible to health care workers, such safe patient handling equipment, technology, and accessories as the Secretary determines appropriate. (3) Health care worker participation.--A requirement that each health care employer shall obtain input from health care workers, to include direct care registered nurses, health care workers, their representatives, and their collective bargaining agents, in developing and implementing the safe patient handling, mobility, and injury prevention program, including the purchase of technology and equipment and necessary accessories. (4) Data tracking and review.--A requirement that each health care employer shall establish a review program to analyze data relevant to the implementation of the employers' safe patient handling, mobility, and injury prevention program, and shall account for circumstances where safe patient handling technology and equipment, or trained, designated lift teams, were not utilized in accordance with the health care employers safe patient handling, mobility, and injury prevention standard. Each health care employer shall upon request, make available their findings and data used in such review, to health care workers, their representatives, their collective bargaining agents, and the Secretary or other Federal agency. (5) Incorporation of technology into facilities.--A requirement that each health care employer shall consider the feasibility of incorporating safe patient handling technology as part of process of new facility design and construction, or facility remodeling. (6) Education and training.--A requirement that each health care employer shall train health care workers on safe patient handling, mobility, and injury prevention policies, technology, equipment, and devices, initially, and on a continuing annual basis, and as necessary. Such training shall prepare health care workers, including designated lift teams, to identify, assess, and control musculoskeletal hazards of a general nature, and those specific to particular patient care areas, and shall be conducted by an individual with knowledge in the subject matter, and delivered, at least in part, in an interactive simulated point-of-care training and hands-on format that reflects the specific demands of a health care workers' duties. (7) Notice of safe patient handling and rights under this act.--A requirement that each health care employer shall post a uniform notice in a form specified by the Secretary that-- (A) explains the safe patient handling, mobility, and injury prevention standard; (B) includes information regarding safe patient handling, mobility, and injury prevention policies and training; (C) explains procedures to report patient handling- related injuries; and (D) explains health care workers' rights under this Act. (8) Annual evaluation.--A requirement that each health care employer shall conduct an annual written evaluation of the implementation of the safe patient handling, mobility, and injury prevention program, including handling procedures, selection of technology, equipment, and engineering controls, assessment of injuries, and new safe patient handling, mobility, and injury prevention technology and devices that have been developed. The evaluation shall be conducted with the involvement of nurses, other health care workers, their representatives, and their collective bargaining agents, and their input shall be documented in the evaluation. Health care employers shall take corrective action as recommended in the written evaluation. (9) Right to refuse unsafe assignment.--A requirement that each health care employer shall provide procedures under which a health care worker or employee may refuse to perform the employee's duties if the employee has a reasonable apprehension that performing such duties would violate the safe patient handling, mobility, and injury prevention standard, and would result in injury or impairment of health to the health care worker, other health care workers, or patients. Where practicable, the health care worker must have communicated the health or safety concern to the health care employer and have not been able to obtain a correction of the violation. (c) Inspections.--The Secretary of Labor shall conduct unscheduled inspections under section 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 657) to ensure implementation of and compliance with the safe patient handling, mobility, and injury prevention standard. SEC. 3. APPLICATION OF SAFE PATIENT HANDLING, MOBILITY, AND INJURY PREVENTION STANDARD TO FACILITIES RECEIVING MEDICARE AND MEDICAID FUNDS. (a) In General.--Section 1866 of the Social Security Act (42 U.S.C. 1395cc) is amended-- (1) in subsection (a)(1)(V), by inserting ``and safe patient handling, mobility, and injury prevention standard (as initially promulgated under section 2 of the Nurse and Health Care Worker Protection Act of 2009)'' before the period at the end; and (2) in subsection (b)(4)-- (A) in subparagraph (A), inserting ``and the safe patient handling, mobility, and injury prevention standard'' after ``Bloodborne Pathogens standard''; and (B) in subparagraph (B), inserting ``or the safe patient handling, mobility, and injury prevention standard'' after ``Bloodborne Pathogens standard''. (b) Effective Date.--The amendments made by subsection (a) shall apply to health care facilities 1 year after date of issuance of the final safe patient handling, mobility, and injury prevention standard required under section 2. SEC. 4. NONPREEMPTION. (a) Effect on Other Laws.--Nothing in this Act shall be construed to-- (1) preempt any law, rule, or regulation of a State or political subdivision of a State, unless such law, rule, or regulation is in conflict with this Act or a regulation or order issued under this Act; or (2) impair or diminish in any way the authority of any State to enact and enforce any law which provides equivalent or greater protections for employees engaging in conduct protected under this Act. (b) Rights Retained by Health Care Workers.--Nothing in this Act shall be construed to diminish the rights, privileges, or remedies of any health care worker or employee under any Federal or State law, or under any collective bargaining agreement. SEC. 5. DEFINITIONS. For purposes of this Act: (1) Direct-care registered nurse.--The term ``direct-care registered nurse'' means an individual who has been granted a license by at least one State to practice as a registered nurse and who provides bedside care or outpatient services for one or more patients or residents. (2) Employee.--The term ``employee'' means any individual employed by a health care employer, to include health care workers, as well as employees who do not qualify as health care workers, including independent contractors. (3) Employment.--The term ``employment'' includes the provision of services under a contract or other arrangement. (4) Handling.--The term ``handling'' includes actions such as lifting, transferring, repositioning, mobilizing, moving, or any other action involving the physical movement, manipulation, or support of a patient by a health care worker, or any direct patient care action which presents a risk of musculoskeletal injury. (5) Health care employer.--The term ``health care employer'' means an outpatient health care facility, hospital, nursing home, home health care agency, social assistance facility or program, hospice, federally qualified health center, nurse managed health center, rural health clinic, or any similar health care facility that employs direct-care registered nurses or other health care workers. (6) Health care worker.--The term ``health care worker'' means an individual who has been assigned by a health care employer to engage in patient handling, including direct-care registered nurses, independent contractors, or individuals who perform the duties of health care workers. (7) Lift team.--The term ``lift team'' means health care workers with specialized training and knowledge of safe patient handling, mobility, and injury prevention practices and technology.

Nurse and Health Care Worker Protection Act of 2013 - Requires the Secretary of Labor to promulgate an interim final standard on safe patient handling, mobility, and injury prevention to prevent musculoskeletal disorders for direct-care registered nurses and all other health care workers that requires the use of engineering and safety controls to handle patients through the use of mechanical technology and devices where feasible. Requires, however, the use of alternative controls and measures, including trained, designated lift teams, where such technology and devices are not feasible, in order to minimize the risk of injury to nurses and health care workers. Includes among the requirements of a final standard that health care employers: (1) develop and implement a safe patient handling, mobility, and injury prevention program; (2) train their workers on safe patient handling, mobility, and injury prevention; and (3) post a uniform notice that explains the standard, procedures to report patient handling-related injuries, and workers' rights under this Act. Requires the Secretary to conduct unscheduled inspections to ensure compliance with the standard. Amends title XVIII (Medicare) of the Social Security Act to apply the safe patient handling, mobility, and injury prevention standard to hospitals receiving Medicare funds.

{"src": "billsum_train", "title": "Nurse and Health Care Worker Protection Act of 2013"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Libraries Enhancement Act of 2001.'' SEC. 2. DEFINITIONS. Section 213 of the Library Services and Technology Act (20 U.S.C. 9122) is amended by adding at the end the following new paragraphs: ``(7) Construction.--The term `construction' includes construction of new buildings and acquisition, expansion, remodeling, and alteration of existing buildings, and for the purchase, lease, and installation of equipment of any such buildings, or any combination of such activities (including architects' fees and the cost of acquisition of land). Such term includes remodeling to meet standards under the Act of August 12, 1968, commonly known as the `Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.), remodeling designed to ensure safe working environments and to conserve energy, renovation or remodeling to accommodate new technologies, and the purchase of existing historic buildings for conversion to public libraries. For the purposes of this paragraph, the term ``equipment'' includes information and building technologies, video and telecommunications equipment, machinery, utilities, and built-in equipment and any necessary enclosures or structures to house them; and such term includes all other items necessary for the functioning of a particular facility as a facility for the provision of library services. ``(8) Reference materials.--The term `reference materials' includes any books, videotapes and audiotapes, magazines, newspapers, software, and other library and media materials, regardless of format, that are made available for public reference. ``(9) Rural area.--The term `rural area' when used with respect to the location of any library means that the library is located in a non-metropolitan county, as designated by the Bureau of the Census using the metropolitan statistical area method, except that a portion of an urban metropolitan county may be classified as rural area for such purpose if its census block or tract number is identified by the `Goldsmith Modification' methodology as a rural `pocket' areas within a larger urban metropolitan county.''. SEC. 3. INCREASE IN AUTHORIZATION OF APPROPRIATIONS. Section 214(a) of the Library Services and Technology Act (20 U.S.C. 9123(a)) is amended-- (1) in paragraph (2)(A), by inserting ``or (2)'' after ``paragraph (1)''; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following new paragraph: ``(2) Construction; acquisition; operations.--In addition to the amounts authorized to be appropriated by paragraph (1), there are authorized to be appropriated $300,000,000 for fiscal year 2002 and such sums as may be necessary for each of the fiscal years 2003 through 2006 to carry out section 232 of this subtitle.''. SEC. 3. AUTHORITY TO USE FUNDS FOR CONSTRUCTION, ACQUISITION, AND OPERATION. Chapter 2 of the Library Services and Technology Act is amended-- (1) in section 231(a) (20 U.S.C. 9141(a))-- (A) by striking ``and'' at the end of paragraph (1); (B) by striking the period at the end of paragraph (2) and inserting a semicolon; and (C) by adding at the end the following new paragraph: ``(3) conducting library construction, acquiring reference materials, and operating public libraries during hours of library service to the public, in accordance with section 232.''; (2) in section 231(b)-- (A) by striking ``(1) and (2)'' and inserting ``(1), (2) and (3)''; and (B) by inserting before the period at the end the following: ``, subject to the limitations in section 232(a)''; and (2) by adding at the end the following new section: ``SEC. 232. USE OF FUNDS FOR CONSTRUCTION, ACQUISITION, AND OPERATION. ``(a) Identification of Amounts Available for Construction.--From the amount allotted to any State under section 221, the Secretary shall identify the portion of the allotment that is attributable to appropriations pursuant to section 214(a)(2). A State may, in accordance with this section, use not more than that portion of such allotment for the Federal share of the cost of any one or more of the following purposes: ``(1) library construction; ``(2) acquisition of reference materials; and ``(3) operation of public libraries during hours of library service to the public. Any amounts of that portion that are not used for such purposes shall be used for purposes described in paragraph (1) or (2) of section 231(a). ``(b) Matching Requirement.--For the purposes of subsection (a), the Federal share of the cost of any activity under subsection (a) shall not exceed, as a percentage the total cost of the activity, the percentage specified in section 223(b)(1). ``(c) Requirements for Use of Funds for Construction.--Any State that intends to use a portion of its allotment for the purposes of construction shall revise its State plan under section 224-- ``(1) to revise the goals and priorities specified pursuant to section 224(b)(1) consistent with the purposes of this section; ``(2) to describe, consistent with the requirements of section 224(b)(2), the activities that the agency will carry out under this section; and ``(3) to specify the procedures by which the State library administrative agency will competitively award grants for library construction under this section. Such revisions shall be subject to approval or disapproval by the Director. ``(d) Minimum and Maximum Awards.--Of the amount of funds provided under this section that are used by any State for library construction, acquisition of reference materials, or library operation in any fiscal year-- ``(1) not less than 35 percent shall be used in rural areas; and ``(2) not more than $1,000,000 may be used for the construction or benefit of any single library facility. ``(e) Labor Standards.--It shall be a condition of the receipt of any grant under this section that the State library administrative agency and any recipient of any grant under this section for purposes of construction furnish adequate assurances to the Secretary of Labor that all laborers and mechanics employed by contractors or subcontractors on construction projects assisted under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a et seq.). The Secretary of Labor shall have with respect to the labor standards specified in this subsection the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 and section 2 of the Davis-Bacon Act (40 U.S.C. 276c). ``(f) Continued Use for Library Purposes.--If, within 20 years after completion of construction of any library facility which has been constructed in part with funds made available under this title-- ``(1) the recipient (or its successor in title or possession) ceases or fails to be a public or nonprofit institution, or ``(2) the facility ceases to be used as a library facility, unless the Secretary determines that there is good cause for releasing the institution from its obligation, the United States shall be entitled to recover from such recipient (or successor) an amount which bears the same ratio to the value of the facility at that time (or part thereof constituting an approved project or projects) as the amount of the Federal grant bore to the cost of such facility (or part thereof). The value shall be determined by the parties or by action brought in the United States district court for the district in which the facility is located.''.

Public Libraries Enhancement Act of 2001 - Amends the Library Services and Technology Act to authorize increased appropriations for FY 2002 through 2006 for State allotments. Directs the Secretary of Education to identify the increased portion of a State's allotment. Authorizes a State to use such portion as the Federal share for any of the following: (1) new library construction, existing facilities remodeling, and equipment purchase, lease, and installation; (2) acquisition of reference materials; or (3) operation of public libraries during hours of library service to the public.

{"src": "billsum_train", "title": "To increase the authorization of funds under the Library Services and Technology Act, to provide funds for construction of libraries under such Act, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fracturing Responsibility and Awareness of Chemicals Act'' or the ``FRAC Act''. SEC. 2. REGULATION OF HYDRAULIC FRACTURING. (a) Underground Injection.--Section 1421(d) of the Safe Drinking Water Act (42 U.S.C. 300h(d)) is amended by striking paragraph (1) and inserting the following: ``(1) Underground injection.-- ``(A) In general.--The term `underground injection' means the subsurface emplacement of fluids by well injection. ``(B) Inclusion.--The term `underground injection' includes the underground injection of fluids or propping agents pursuant to hydraulic fracturing operations relating to oil or natural gas production activities. ``(C) Exclusion.--The term `underground injection' does not include the underground injection of natural gas for the purpose of storage.''. (b) State Primary Enforcement Relating to Hydraulic Fracturing Operations.--Section 1422 of the Safe Drinking Water Act (42 U.S.C. 300h-1) is amended by adding at the end the following: ``(f) Hydraulic Fracturing Operations.-- ``(1) In general.--Consistent with such regulations as the Administrator may prescribe, a State may seek primary enforcement responsibility for hydraulic fracturing operations for oil and natural gas without seeking to assume primary enforcement responsibility for other types of underground injection control wells, including underground injection control wells that inject brine or other fluids that are brought to the surface in connection with oil and natural gas production or any underground injection for the secondary or tertiary recovery of oil or natural gas. ``(2) Administration.-- ``(A) In general.--Paragraph (1) shall not apply until the date that is 1 year after the date on which the Administrator publishes in the Federal Register any regulations promulgated under that paragraph. ``(B) Effect on administrator.--Nothing in this subsection affects the authority of the Administrator to approve State programs that assume primary enforcement responsibility for only certain types of underground injection control wells.''. (c) Disclosure.--Section 1421(b) of the Safe Drinking Water Act (42 U.S.C. 300h(b)) is amended by adding at the end the following: ``(4) Disclosures of chemical constituents.-- ``(A) In general.--A person conducting hydraulic fracturing operations shall disclose to the State (or to the Administrator, in any case in which the Administrator has primary enforcement responsibility in a State), by not later than such deadlines as shall be established by the State (or the Administrator)-- ``(i) before the commencement of any hydraulic fracturing operations at any lease area or a portion of a lease area, a list of chemicals and proppants intended for use in any underground injection during the operations (including identification of the chemical constituents of mixtures, Chemical Abstracts Service numbers for each chemical and constituent, material safety data sheets if available, and the anticipated amount of each chemical to be used); and ``(ii) after the completion of hydraulic fracturing operations described in clause (i), the list of chemicals and proppants used in each underground injection during the operations (including identification of the chemical constituents of mixtures, Chemical Abstracts Service numbers for each chemical and constituent, material safety data sheets if available, and the amount of each chemical used). ``(B) Public availability.--The State or the Administrator, as applicable, shall-- ``(i) ensure the accuracy and completeness of the information required under subparagraph (A); and ``(ii) make available to the public the information contained in each disclosure required under subparagraph (A), including by posting the information on a single, searchable Internet website such that all the information disclosed to the State or Administrator, as applicable, under that subparagraph is contained on the same Internet website. ``(C) Immediate disclosure in case of medical need or emergency.-- ``(i) In general.--Subject to clause (ii), the regulations promulgated pursuant to subsection (a) shall require that, in any case in which the State or the Administrator, as applicable, a first responder, or healthcare practitioner determines that the proprietary chemical formula or specific chemical identity of a trade-secret chemical used in hydraulic fracturing is necessary for medical diagnosis, treatment, or emergency response, the applicable person using hydraulic fracturing shall, upon request, immediately disclose to the State, the Administrator, first responder, or healthcare practitioner the proprietary chemical formula or specific chemical identity of a trade-secret chemical, regardless of the existence of-- ``(I) a written statement of need; or ``(II) a confidentiality agreement. ``(ii) Requirement.--A person using hydraulic fracturing that makes a disclosure required under clause (i) may require the execution of a written statement of need and a confidentiality agreement as soon as practicable after the determination by the State, Administrator, first responder, or healthcare practitioner, as applicable, under that clause. ``(iii) Professional necessity.-- ``(I) In general.--Subject to subclause (II), a first responder or healthcare practitioner may share any information disclosed under clause (i) with other persons if the information is medically necessary. ``(II) Restriction.--A first responder or healthcare practitioner described in subclause (I) shall not make publicly available any information disclosed under clause (i). ``(D) No public disclosure required.--Nothing in subparagraph (A), (B), or (C) authorizes a State or the Administrator to publicly disclose any proprietary chemical formula.''.

Fracturing Responsibility and Awareness of Chemicals Act or FRAC Act - Amends the Safe Drinking Water Act to repeal the exemption from restrictions on underground injection of fluids or propping agents granted to hydraulic fracturing operations relating to oil and natural gas production activities under such Act. Amends the Safe Drinking Water Act to allow the Administrator of the Environmental Protection Agency (EPA) to prescribe regulations that authorize a state, one year after such regulations are promulgated, to seek primary enforcement responsibility for hydraulic fracturing operations for oil and natural gas without seeking to assume primary enforcement responsibility for other types of underground injection control wells, including underground injection control wells that inject brine or other fluids that are brought to the surface in connection with oil and natural gas production or any underground injection for the secondary or tertiary recovery of oil or natural gas. Requires: (1) state underground injection programs to direct a person conducting hydraulic fracturing operations to disclose to the state (or the Administrator if the Administrator has primary enforcement responsibility in such state) the chemicals and proppants intended for use in underground injections before the commencement of such operations and the chemicals actually used after the end of such operations; and (2) a state or the Administrator to ensure the accuracy and completeness of the disclosed information and make it available to the public. Requires the applicable person using hydraulic fracturing, when a medical emergency exists and the proprietary chemical formula of a chemical used in such hydraulic fracturing is necessary for medical diagnosis, treatment, or emergency response to disclose such formula or the specific chemical identity of a trade secret chemical to the state, the Administrator, a first responder, or healthcare practitioner upon request, regardless of the existence of a written statement of need or a confidentiality agreement. Authorizes such person to require the execution of such statement and agreement as soon as practicable. Authorizes first responders or healthcare practitioners to share any information disclosed with other persons if the information is medically necessary, but prohibits such personnel from making such information publicly available.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Transit Improvement and Flexibility Act of 2009''. SEC. 2. FORMULA GRANTS FOR OTHER THAN URBANIZED AREAS. Section 5311(c)(2) of title 49, United States Code, is amended-- (1) in subparagraph (A), by striking ``20 percent'' and inserting ``25 percent''; and (2) in subparagraph (B), by striking ``80 percent'' and inserting ``75 percent''. SEC. 3. FLEXIBLE USE OF ELDERLY AND DISABLED FUNDING. Section 5310 of title 49, United States Code, is amended by-- (1) in subsection (a), by adding at the end the following: ``(5) Operating costs.--A State may use not more than 25 percent of the amounts apportioned to the State under this section for operating costs of equipment and facilities that are or have been funded in whole or part under this section.''; and (2) in subsection (c)-- (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (B) by inserting after paragraph (1) the following: ``(2) Operating assistance.-- ``(A) In general.--Except as provided in subparagraph (B), a grant made under this section for operating assistance may not exceed 50 percent of the net operating costs of the project, as determined by the Secretary. ``(B) Exception.--A State described in section 120(b) of title 23 shall receive a Government share of the net operating costs equal to 62.5 percent of the Government share provided for under paragraph (1)(B).''. SEC. 4. PILOT PROGRAM FOR TRANSIT CENTERS IN SMALLER CITIES AND TOWNS. (a) In General.--Chapter 53 of title 49, United States Code, is amended by inserting after section 5311 the following: ``Sec. 5311a. Pilot program for transit centers in smaller cities and towns ``(a) In General.--The Secretary shall establish a program (referred to in this section as the `program') of grants to eligible States for the purpose of establishing transit centers in urbanized areas with a population of less than 200,000 and in areas other than urbanized areas. Such transit centers may include multimodal transportation centers that include transit centers. ``(b) Purpose.--The purpose of the program is to facilitate the development of transit service in areas that, historically, may not have received adequate attention to the development of transit service by providing facilities that have the potential to be transformational with respect to the provision of improved transit service in a community. ``(c) Definitions.--In this section-- ``(1) the term `eligible State' means a State with a population density of less than 100 persons per square mile of land area, based on the most recent decennial census at the time an application is filed; and ``(2) the definitions of `recipient' and `subrecipient' in section 5311(a) shall apply. ``(d) Procedures.-- ``(1) In general.--The Secretary shall develop administrative procedures and requirements for the implementation of this section, including any application procedures, and may pattern such procedures and requirements after requirements applicable to discretionary bus grants under section 5309, but shall streamline such processes and limit requirements to the maximum extent possible, to facilitate prompt implementation of the program and to minimize the regulatory burden on grant recipients and subrecipients. ``(2) Development.--The Secretary shall develop proposed procedures under this subsection and publish them in the Federal Register for comment within 60 days of the date of enactment of this section. Final procedures shall be adopted within 60 days of the close of said comment period. ``(e) Distribution.--In distributing funds pursuant to this section-- ``(1) the Secretary shall, prior to the completion of fiscal year 2012, award grants to establish at least one such center in each eligible State, provided that satisfactory applications have been filed from each eligible State in a timely manner to enable such distribution; and ``(2) prior to the completion of fiscal year 2015, shall award grants to establish at least 2 such centers in each eligible State, provided that satisfactory applications have been filed from each eligible State in a timely manner to enable such distribution. ``(f) Administration Costs.--A recipient may use not more than 10 percent of amounts awarded under this section for a project to administer, plan, and provide technical assistance for that project funded under this section. A recipient may allocate to a subrecipient all or part of the amount the recipient may use under this subsection to administer, plan, and provide technical assistance for a project. ``(g) Eligible Expenses and Government Share.--Except for administrative expenses authorized under subsection (f), grants under this program shall be only for capital expenses, including buildings, facilities for the maintenance and repair of buses and other transit vehicles, off street transit vehicle stop space and transit vehicle parking space, passenger seating areas, and other capital expenditures as the Secretary may determine appropriate. The Government share of capital costs under this section shall be 100 percent.''. (b) Funding.--From the Mass Transit Account of the Highway Trust Fund there shall be made available to carry out the program established pursuant to section 5311a of title 49, United States Code, $25,000,000 for fiscal year 2010 and $50,000,000 for each of fiscal years 2011 through 2015. All such amounts are to remain available until expended.

Rural Transit Improvement and Flexibility Act of 2009 - Revises the apportionment of nonurbanized formula grants for amounts remaining after apportionment for grants to Indian tribes for public transportation on Indian reservations for FY2006-FY2009. Increases from 20% to 25% the amount of remaining funds to be apportioned to a state based on its land area. Decreases correspondingly from 80% to 75% the amount of remaining funds to be apportioned to a state based on population in nonurbanized areas. Limits to 25% of its apportionment for a formula grant for a capital project for the special needs of elderly individuals and individuals with disabilities the amount a state may use for operating costs of equipment and facilities. Limits a grant for operating assistance from exceeding 50% of the net operating project costs. Increases such limit to 62.5% of the government share of project costs in the case of a state containing nontaxable Indian lands, individual and tribal, and public domain lands (both reserved and unreserved), national forests, and national parks and monuments. Requires the Secretary of Transportation to establish a pilot program for the award of grants to states to establish transit centers to improve transit service (buses and other transit vehicles) in urbanized areas with a population of less than 200,000 and in nonurbanized areas.

{"src": "billsum_train", "title": "A bill to improve transit services, including in rural States."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Language Economic Enhancement Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Foreign language proficiency will help Americans to understand other customs and cultures, conduct effective foreign policy, expand international trade, ensure the integrity of national defense and security, and develop a truly broad-based education for all citizens. (2) The business community suffers from United States educational deficiencies, including inadequate foreign language instruction. To compete, Americans must know more about their economic partners and competitors. To do business overseas, Americans must understand the customer's language and customs. (3) Of the world's 10 most populous languages, representing potential markets, 6 of them, Malay-Indonesian, Bengali, Hindi, Portuguese, and some dialects of Arabic and Chinese, are not widely taught in the United States. (4) In Europe, there are dozens of universities with schools of practical interpretation and translation. In the United States, very few institutions of higher education offer training in translation and interpretation, and only one offers an undergraduate degree program. (5) Most professional interpreters and translators working in the United States are foreign-born or received their professional training in other countries. (6) Only 8 percent of our universities require foreign languages for admission, and only 5 percent of our college graduates are fluent in any language other than English. American colleges and universities must place a new emphasis on improving the teaching of foreign languages, regional studies, and international studies to help meet such challenges. (7) Many teachers lack adequate international preparation. Only 5 percent of current elementary and secondary teachers ever took international relations, or geography courses while in school. (8) Fewer than 5 percent of the elementary school students in this country receive foreign language instruction, and only 17 percent of United States public elementary schools offer any form of language instruction. (9) As new and increased language instruction becomes necessary, educators to teach these languages are becoming increasingly difficult to find. 35 States are currently reporting a shortage in foreign language teachers. SEC. 3. DEFINITIONS. As used in this Act-- (1) the term ``institution of higher education'' has meaning provided by section 1201 of the Higher Education Act of 1965; (2) the term ``Secretary'' means the Secretary of Education; (3) the term ``State education agency'' has the meaning provided by section 1201 of the Higher Education Act of 1965; and (4) the term ``local educational agency'' has the meaning provided by section 1201 of such Act. TITLE I--FOREIGN LANGUAGE TEACHER RECRUITMENT SEC. 101. PURPOSE. It is the purpose of this title to establish a grant program that will assist States in recruiting individuals with a demonstrated competence in a foreign language and providing those individuals with the training required to qualify those individuals to teach. SEC. 102. PROGRAM AUTHORITY. (a) General Authority.--The Secretary shall, in accordance with the requirements of this title, establish a program to provide grants to State educational agencies to recruit and train qualified individuals as elementary and secondary school teachers. (b) Allotment of Funds.--The Secretary shall periodically assess the needs for foreign language teachers in each State. The Secretary shall establish by regulation, procedures based on the results of such assessment, for the allotment of funds provided under this title among those States that have submitted applications that meet the requirements of section 203. Such procedures shall provide that no State shall receive a grant of less than $500,000 or more than $2,000,000. SEC. 103. GRANT APPLICATIONS. Any State desiring to receive a grant under this title shall submit to the Secretary an application at such time, in such form, and containing or accompanied by such information and assurances as the Secretary may require by regulation. Such application shall-- (1) contain assurances that 50 percent of the funds made available under the grant for each fiscal year will be used to provide grants of not more than $5,000 per year to qualified individuals to cover the costs of instruction required to obtain certification to teach; (2) provide that the State educational agency will allocate funds provided under the grant on the basis of the following factors; (A) the local educational agencies need for qualified teachers of foreign languages; (B) the extent to which the local educational agency has established model programs to address foreign language instruction in effective ways; (C) the need for development of new programs to recruit and train qualified foreign language teachers; and (D) such additional factors as the State educational agency considers appropriate; (3) contain assurances that the State educational agency will not provide funds under the grant to any institution of higher education unless the institution of higher education requires 2 years of foreign language instruction as a condition of admission or graduation; and (4) specify the procedures by which the State educational agency will select the institutions or organizations to provide the training required for teacher certification, which may include an institution of higher education, local educational agency, or consortia of institutions of higher education and local educational agencies. SEC. 104. QUALIFIED INDIVIDUALS. (a) Definition.--For purposes of this title, an individual is qualified if such individual has competence in a foreign language at a level consistent with the standards established by the Secretary under subsection (b). (b) Selection.--In selecting individuals for receipt for assistance under this title, a State educational agency shall include qualified individuals who are-- (1) retired or returning Government employees who served abroad; (2) retired or returning business persons or professionals who served abroad; (3) foreign-born nationals with a degree from a domestic or overseas institution of higher education; and (4) individuals with a baccalaureate degree whose major or minor was in a foreign language or international studies. SEC. 105. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this title $50,000,000 for fiscal year 1994 and each of the 3 succeeding fiscal years. TITLE II--GRANTS TO INSTITUTIONS OF HIGHER EDUCATION FOR TRANSLATORS AND INTERPRETERS SEC. 201. NEEDS ASSESSMENT COUNCIL. (a) Program Authority.--The Department of State shall establish a Translation and Interpretation Needs Assessment Council. (b) Composition.-- (1) In general.--The Council shall be composed of the following individuals or the designated representatives of such individuals: (A) The Secretary of State, or a designee, who shall serve as the chairperson of the Board. (B) The Secretary of Education. (C) The Secretary of Defense. (D) The Secretary of Commerce. (E) The Director of the Central Intelligence Agency. (F) The Director of the United States Information Agency. (G) The Director of the National Security Council. (H) 6 individuals appointed by the President, who have the expertise in the fields of translation and interpretation, language and linguistics, international studies, business, and area studies education. (2) Special rule.--Individuals appointed to the Board pursuant to paragraph (1)(H) shall be appointed for a period not to exceed 4 years. Such individuals shall receive no compensation for service on the Council, but may receive reimbursement for travel and other necessary expenses. (c) Functions.--The Council shall-- (1) establish qualifications for students and institutions of higher education desiring fellowships and grants for institutional support under this title; (2) coordinate and determine the translation and interpretation needs of the Government for the purposes of economic competitiveness and cooperation, diplomacy, and national security; and (3) after determining these needs, make grants to institutions of higher education for training translation and interpretation specialists and personnel. SEC. 202. PROCEDURES FOR THE SELECTION OF GRANT AND FELLOWSHIP PROGRAM. (a) Grants.--The Council shall award grants under this title to institutions of higher education or consortia of institutions of higher education (in conjunction with nonprofit or Federal agencies, or both) that provide evidence that they are developing a degree or certificate program in translation and interpretation. (b) Fellowships.--The Council shall award fellowships under this title to individuals who are enrolled in a degree or certificate program and agree to enter government or public service for 2 years for each year of study for which a fellowship under this title is received. SEC. 203. ESTABLISHMENT OF GRANT AND FELLOWSHIP PROGRAM. (a) Institutional Support.--Funds provided by a grant under this title may be used for the purposes of-- (1) developing physical plant and interpretation facilities, (2) instructor training, (3) materials, (4) curriculum development, (5) internships, (6) faculty development and support in translation and interpretation, (7) certificate and degree programs, and (8) the development and enhancement of graduate programs. (b) Fellowships.--Fellowships under this title shall be awarded to individuals who are United States citizens or resident aliens to enable such students to pursue education in the United States in the areas of practical interpretation and translation. SEC. 204. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $15,000,000 for fiscal year 1994, of which no less than $10,000,000 shall be available for section 202(a), and such sums as may be necessary for each of the fiscal years 1995, 1996, and 1997 to carry out the provisions of this title. TITLE III--LESSER KNOWN AND STUDIED LANGUAGES SEC. 301. LESSER KNOWN AND STUDIED LANGUAGES GRANTS AND FELLOWSHIPS. Effective October 1, 1993, the Soviet-Eastern European Research and Training Act of 1983 (22 U.S.C. 4501) is amended by adding after section 809 the following new section: ``SEC. 810. LESSER KNOWN AND STUDIED LANGUAGES GRANTS AND FELLOWSHIPS. ``(a) Purpose.--It is the purpose of this section to promote the teaching and study of lesser known and studied languages. ``(b) Definition.--For the purposes of this section, the term `lesser known and studied languages' means languages considered important to the national interest, national security, and economic competitiveness which have less than 1,000 students engaged in study at institutions of higher education in the United States. ``(c) Program Authority.-- ``(1) List of lesser known and studied languages.--The Secretary of State, in consultation with other appropriate agencies, shall develop a list of the lesser known and studied languages. ``(2) Grants.--The Secretary of State shall award grants under this section to institutions of higher education or consortia of institutions of higher education (in conjunction with nonprofit or Federal agencies, or both) that provide evidence that they are developing programs, classes, curriculum material, and faculty for study in the lesser known and studied languages. No such grant may exceed $1,000,000. ``(3) Fellowships.--The Secretary of State shall award fellowships under this section to individuals who are enrolled at an accredited institution of higher education in a degree or certificate program in a lesser known and studied language leading to proficiency in such language. Fellowships under this section shall be $5,000 for each semester of study. ``(d) Authorization of Appropriations.-- ``(1) Grants.--There are authorized to be appropriated $10,000,000 for fiscal year 1994 to carry out subsection (c)(2). ``(2) Fellowships.--There are authorized to be appropriated $5,000,000 for fiscal year 1994 to carry out subsection (c)(3).''. TITLE IV--EXPORT EDUCATION SEC. 401. PURPOSE. It is the purpose of this title to assist American companies to develop and expand into export markets by providing education and support services necessary for domestic businesses to succeed in international markets by increasing their basic knowledge of world markets, foreign cultures and languages. SEC. 402. GRANTS AUTHORIZED. (a) Grants by Secretary.--The Secretary of Commerce shall, in accordance with this title, make grants to States to carry out the purpose described in section 401. (b) Selection of Grants.--The State shall submit to the Secretary a proposal indicating the qualifications of the eligible entity for carrying out the provisions of section 403. (c) Distribution of Funds by States.--Each State that receives a grant under this title shall determine the eligibility of an appropriate State-based entity according to the needs of the State's primary trade and economic development agency and model programs serving such needs or for the development of such programs. SEC. 403. AUTHORIZED ACTIVITIES. Funds provided under this title may be used for the purpose of, but are not limited to-- (1) education, support and referral services in developing marketing materials in foreign languages and appropriate to other cultures, (2) assisting companies in trade missions, (3) holding seminars and classes for companies on topics such as export regulations, trading techniques, working in foreign cultures and foreign languages, (4) providing consulting services with experts to assist companies in export and marketing planning, and (5) acting as a clearinghouse in supplying companies with information and updates to assist them in identifying international and trade opportunities. SEC. 404. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $12,500,000 in fiscal years 1994, 1995, 1996, and 1997 to carry out the provisions of this title.

Foreign Language Economic Enhancement Act - Title I: Foreign Language Teacher Recruitment - Directs the Secretary of Education to establish a grant program to assist States to recruit and train qualified individuals as foreign language teachers for elementary and secondary schools. Authorizes appropriations. Title II: Grants to Institutions of Higher Education for Translators and Interpreters - Directs the Department of State to establish a Translation and Interpretation Needs Assessment Council. Directs the Council to award grants to institutions of higher education or consortia of such institutions (in conjunction with nonprofit and/or Federal agencies) that provide evidence that they are developing a degree or certificate program in translation and interpretation. Directs the Council to award fellowships to individuals who are enrolled in a degree or certificate program and agree to enter government or public service for two years for each year of study for which such a fellowship is received. Authorizes appropriations. Title III: Lesser Known and Studied Languages - Amends the Soviet-Eastern European Research and Training Act of 1983 to establish a grants and fellowships program for lesser known and studied languages. Directs the Secretary of State to: (1) develop a list of those languages; (2) award grants to institutions of higher education or consortia (in conjunction with nonprofit and/or Federal agencies) developing programs, classes, curriculum material, and faculty for study in those languages; and (3) award fellowships to individuals at accredited institutions in a degree or certificate program in such a language. Authorizes appropriations. Title IV: Export Education - Directs the Secretary of Commerce to make grants to States to assist U.S. companies to develop and expand into export markets by providing education and support services to increase their basic knowledge of world markets, foreign cultures, and languages. Authorizes appropriations.

{"src": "billsum_train", "title": "Foreign Language Economic Enhancement Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Communities Investment Act of 2006''. SEC. 2. EXCLUSION FOR INTEREST ON LOANS SECURED BY AGRICULTURAL REAL ESTATE AND RURAL HOUSING . (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by inserting after section 139A the following new section: ``SEC. 139B. INTEREST ON LOANS SECURED BY AGRICULTURAL REAL ESTATE AND RURAL HOUSING. ``(a) Exclusion.--Gross income shall not include interest received by a qualified lender on any qualified real estate loan. ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) Qualified lender.--The term `qualified lender' means any bank or savings association the deposits of which are insured under the Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.). ``(2) Qualified real estate loan.--The term `qualified real estate loan' means-- ``(A) any indebtedness (including the refinancing of indebtedness) secured by agricultural real estate or by a leasehold mortgage (with a status as a lien) on agricultural real estate, or ``(B) any indebtedness-- ``(i) acquired for the purpose of purchasing or improving rural housing, and ``(ii) secured by such rural housing or by a leasehold mortgage (with a status as a lien) on such rural housing. ``(3) Agricultural real estate.-- ``(A) In general.--The term `agricultural real estate' means real property used or available for the production of 1 or more agricultural products. ``(B) When determination made.--For purposes of subparagraph (A), the determination of whether property securing any indebtedness is agricultural real estate shall be made as of the time the interest income on such indebtedness accrues. ``(4) Rural housing.-- ``(A) In general.--The term `rural housing' means any single family residence which is located in a rural area and which is the principal residence (within the meaning of section 121) of the borrower. ``(B) When determination made.--The determination of whether property qualifies as rural housing with respect to any indebtedness shall be made as of the date such indebtedness originates. ``(5) Rural area.--The term `rural area' means an area (as determined by the Secretary of Agriculture) which is not within a metropolitan statistical area (as defined by the Office of Management and Budget) and which has a population (determined on the basis of the most recent decennial census for which date are available) of 2,500 or less. ``(c) Coordination With Section 265.--For purposes of this section, the rules of section 265 shall apply, as follows: ``(1) In general.--Qualified real estate loans shall be treated as an obligation described in section 265(a)(2). ``(2) Pro rata allocation of interest expense of financial institutions to tax-exempt interest.--In applying section 265(b)-- ``(A) the term `tax-exempt obligation', as defined in paragraph (4)(B) thereof, shall include a qualified real estate loan, ``(B) the term `financial institution', as defined in paragraph (5) thereof, shall include a qualified lender, and ``(C) the term `qualified tax-exempt obligation', as defined in paragraph (3)(B) thereof, shall include a qualified real estate loan made after December 31, 2005, to a qualified small borrower. For purposes of subparagraph (C), the term `qualified small borrower' means, with respect to qualified real estate loans received during any calendar year, any borrower if the reasonably anticipated amount of qualified real estate loans which will be received by such borrower during such calendar year does not exceed $10,000,000.''. (b) Clerical Amendment.--The table of sections for such part III is amended by inserting after the item relating to section 139A the following new item: ``Sec. 139B. Interest on loans secured by agricultural real estate and rural housing.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Rural Communities Investment Act of 2006 - Amends the Internal Revenue Code to exclude from gross income interest received by a bank or savings association insured under the Federal Deposit Insurance Act on a loan acquired to purchase or improve rural housing and secured by rural housing or by a leasehold mortgage on such housing. Defines "rural housing" as any single family principal residence located in a rural area.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to exclude from gross income interest received on loans secured by agricultural real estate and rural housing."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gun Buy Back Partnership Grant Act of 1998''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--The Congress finds that-- (1) 36,000 Americans are killed each year by the use of a gun; (2) 16 children are killed each day by the use of a gun; (3) guns are present in almost 35 percent of all American households; and (4) according to studies, between 1985 and 1994, 709 law enforcement officers in the United States were feloniously killed in the line of duty, and more than 92 percent of such law enforcement officers were killed by the use of a gun. (b) Purpose.--The purpose of this Act is to reduce the number of guns on the streets by helping State and local law enforcement departments conduct community gun buy back programs. SEC. 3. PROGRAM AUTHORIZED. (a) Grants.--The Director of the Bureau of Justice Assistance may make grants to States or units of local government to conduct community gun buy back programs. (b) Distribution and Use of Funds.--The Director of the Bureau of Justice Assistance shall distribute each grant made under subsection (a) directly to the State or unit of local government involved, which shall use the grant only to conduct a community gun buy back program. (c) Minimum Amount.--Unless all applications submitted by any State or unit of local government pursuant to this Act have been funded, each qualifying State or unit of local government shall be allocated in each fiscal year pursuant to subsection (a) not less than 0.50 percent of the total amount appropriated for the fiscal year pursuant to this Act. (d) Maximum Amount.--During a fiscal year, the Director of the Bureau of Justice Assistance shall not, under this Act, provide a qualifying State or unit of local government with more than 5 percent of the total amount appropriated for the fiscal year pursuant to this Act. (e) Matching Funds.--A grant made under this Act shall not be used to cover more than 50 percent of the cost of conducting a community gun buy back program, except to the extent that the Director of the Bureau of Justice Assistance waives such requirement, in whole or in part, after determining the existence of a fiscal hardship on the part of the grant recipient. (f) Preferential Consideration.--In awarding grants under this Act, the Director of the Bureau of Justice Assistance shall give preferential consideration to an application from a jurisdiction which will conduct a community gun buy back program that will destroy all guns received by the program. For purposes of the preceding sentence a community gun buy back program which will donate to a State or local museum for display any inoperable gun that is a curio or relic or that has historic significance shall be treated in the same manner as a community gun buy back program that will destroy all guns received by the program. SEC. 4. APPLICATIONS. (a) State Applications.--To request a grant under this Act, the chief executive of a State shall submit an application to the Director of the Bureau of Justice Assistance, signed by the Attorney General of the State requesting the grant, in such form and containing such information as the Director may reasonably require. (b) Local Applications.--To request a grant under this Act, the chief executive of a unit of local government shall submit an application to the Director of the Bureau of Justice Assistance, signed by the chief law enforcement officer of the unit of local government requesting the grant, in such form and containing such information as the Director may reasonably require. (c) Renewal.--A State or unit of local government shall be eligible to receive a grant under this Act annually. (d) Regulations.--Not later than 90 days after the date of enactment of this Act, the Director of the Bureau of Justice Assistance shall promulgate regulations to implement this Act, which shall specify the information that must be included and the requirements that the States and units of local government must meet in submitting the applications for grants under this Act. SEC. 5. DEFINITIONS. In this Act: (1) Community gun buy back program.--The term ``community gun buy back program'' means a program conducted by State or local law enforcement authorities under which such authorities purchase or accept donations of guns from persons desiring to dispose of them. (2) Gun.--The term ``gun'' means a firearm (as defined in section 921(a)(3) of title 18, United States Code). (3) Qualifying state or unit of local government.--The term ``qualifying State or unit of local government'' means a State or unit of local government whose application for a grant under this Act meets the applicable requirements prescribed by or under this Act. (4) State.--The term ``State'' means each of the 50 States, the District of Columbia, Puerto Rico, the United States Virgin Islands, American Samoa, and the Northern Mariana Islands. SEC. 6. LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS. For grants under this Act, there are authorized to be appropriated to the Director of the Bureau of Justice Assistance not more than $15,000,000 for each fiscal year.

Gun Buy Back Partnership Grant Act of 1998 - Authorizes the Director of the Bureau of Justice Assistance to make grants to States or local governments to conduct community gun buy back programs. Sets forth provisions regarding the distribution and use of funds, minimum and maximum amounts to be provided to qualifying jurisdictions, matching funds, and application requirements. Requires the Director, in awarding grants, to give preferential consideration to applications from jurisdictions that will conduct a community gun buy back program that will destroy all guns received by the program, or that will donate to a State or local museum for display any inoperable gun that is a curio or relic or that has historic significance. Authorizes appropriations.

{"src": "billsum_train", "title": "Gun Buy Back Partnership Grant Act of 1998"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Los Padres National Forest Land Exchange Act of 2003''. SEC. 2. LAND EXCHANGE, LOS PADRES NATIONAL FOREST, CALIFORNIA. (a) Exchange Authorized.-- (1) In general.--If the United Water Conservation District of California (in this section referred to as the ``District'') conveys to the Secretary of Agriculture (in this section referred to as the ``Secretary'') all of right, title, and interest of the District in and to the lands described in subsection (b)(1), the Secretary shall convey to the District, in exchange for such lands, all right, title, and interest of the United States in and to the National Forest System lands described in subsection (b)(2). (2) Existing rights.--The conveyance of National Forest System lands under this section shall be subject to valid existing rights and to such terms, conditions, and reservations as may be required by this section or considered necessary by the Secretary. (3) Time for exchange.--The Secretary and the District shall endeavor to complete the exchange in a timely manner. (b) Exchange Lands.-- (1) Lands to be conveyed by district.--The lands to be conveyed by the District under this section consist of approximately 340 acres as follows: (A) ``Tract A''--Approximately 40 acres, located in township 5 north, range 18 west, section 16, NE1/4SE1/ 4, San Bernardino base and meridian. (B) ``Tract B''--Approximately 40 acres, located in township 5 north, range 18 west, section 16, SE1/4NE1/ 4, San Bernardino base and meridian. (C) ``Tract C''--Approximately 80 acres, located in township 5 north, range 18 west, section 16, S1/2SE1/4, San Bernardino base and meridian. (D) ``Tract D''--Approximately 160 acres, located in township 5 north, range 18 west, section 21, NE1/4, San Bernardino base and meridian. (E) ``Tract E''--Approximately 20 acres, located in township 5 north, range 18 west, section 15, N1/2SW1/ 4SW1/4, San Bernardino base and meridian. (2) Lands to be conveyed by secretary.--The National Forest System lands to be conveyed by the Secretary under this section consist of approximately 420 acres as follows: (A) ``Tract 1''--Approximately 80 acres, located in township 5 north, range 18 west, section 10, E1/2SW1/4, San Bernardino base and meridian. (B) ``Tract 2''--Approximately 40 acres, located in township 5 north, range 18 west, section 15, NE1/4NW1/ 4, San Bernardino base and meridian. (C) ``Tract 3''--Approximately 40 acres, located in township 5 north, range 18 west, section 15, SW1/4SE1/ 4, San Bernardino base and meridian. (D) ``Tract 4''--Approximately 10 acres, located in township 5 north, range 18 west, section 22, SW1/4SW1/ 4NE1/4, San Bernardino base and meridian. (E) ``Tract 5''--Approximately 20 acres, located in township 5 north, range 18 west, section 22, W1/2NW1/ 4SE1/4, San Bernardino base and meridian. (F) ``Tract 6''--Approximately 40 acres, located in township 5 north, range 18 west, section 22, SW1/4SE1/ 4, San Bernardino base and meridian. (G) ``Tract 7''--Approximately 80 acres, located in township 5 north, range 18 west, section 22, E1/2SW1/4, San Bernardino base and meridian. (H) ``Tract 8''--Approximately 20 acres, located in township 5 north, range 18 west, section 22, N1/2NW1/ 4SW1/4, San Bernardino base and meridian. (I) ``Tract 9''--Approximately 80 acres, located in township 5 north, range 18 west, section 27, W1/2NE1/4, San Bernardino base and meridian. (J) ``Tract 10''--Approximately 10 acres, located in township 5 north, range 18 west, section 27, NE1/ 4SW1/4NW1/4, San Bernardino base and meridian. (3) Corrections to legal descriptions.--By mutual agreement, the Secretary and the District may adjust the legal descriptions contained in this subsection to correct errors or to make minor adjustments in the lands to be exchanged. (c) Processing of Land Exchange.-- (1) In general.--Except as otherwise provided in this section, the Secretary shall process the land exchange under this section in accordance with Forest Service land exchange regulations in subpart A of part 254 of title 36, Code of Federal Regulations. (2) Title standards.--The Secretary shall require that title to the District lands acquired by the Secretary under this section is in conformity with the title standards of the Attorney General of the United States. (d) Easements and Access.-- (1) Reservation.--In the conveyance of the National Forest System lands authorized by this section, the Secretary shall reserve easements for all roads and trails that the Secretary considers to be necessary or desirable to provide for administrative purposes and to ensure public access to National Forest System lands. In particular, the Secretary shall reserve perpetual unrestricted rights of pedestrian access to the Potholes trailhead of the Los Padres National Forest. (2) Accessibility.--In the case of the District lands acquired by the Secretary under this section, the Secretary shall provide reasonable access to privately owned inholdings consistent with section 1323(a) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3210(a)). (3) Construction of parking lot.--As a condition on the receipt of National Forest System lands under this section, the District shall agree to construct a gravel parking area upon District lands for the Potholes trailhead of the Los Padres National Forest, subject to the following requirements: (A) The District may reasonably regulate vehicular access to the trailhead in accordance with rules and regulations promulgated in accordance with applicable law. (B) Foot traffic to the trailhead shall be perpetual and unrestricted. (e) Special Use Authorization and Easements.--All special use authorizations and term easements issued by the Secretary with respect to the National Forest System lands described in subsection (b)(2) shall not be renewed or reauthorized after the date of enactment of this Act. (f) Water Rights.--The land exchange authorized by this section does not include any water rights owned by the District or the United States. (g) Cash Equalization.-- (1) Limits waived.--The District or the Secretary, as appropriate, may equalize the values of the lands to be exchanged under this section by a cash payment without regard to any statutory limit on the amount of such a cash equalization payment. (2) Disposition and use of funds.--Any cash equalization payment received by the Secretary under this section shall be deposited into the fund established by Public Law 90-171 (commonly known as the Sisk Act; 16 U.S.C. 484a). The payment shall be available to the Secretary for expenditure, without further appropriation, for the acquisition, construction, or improvement of administrative or recreational facilities for the Los Padres National Forest in Ventura County, Santa Barbara County, and San Luis Obispo County, California, or for the acquisition of land or interests in land in such counties. (h) Management of Acquired Lands .--The District lands acquired by the Secretary under this section shall be added to and administered as part of The Los Padres National Forest in accordance with the laws and regulations applicable to that national forest.

Los Padres National Forest Land Exchange Act of 2003 - Authorizes an exchange of approximately 340 acres held by the United Water Conservation District of California and approximately 420 acres of National Forest System lands. Allows the Secretary of Agriculture to reserve easements in the conveyance of National Forest System lands for access roads and trails, including perpetual unrestricted rights of pedestrian access to the Potholes trailhead of Los Padres National Forest. Requires the Secretary to provide reasonable access to privately owned inholdings in the District lands acquired under this Act. Stipulates that the District must construct a gravel parking area for the Potholes trailhead. Exempts water rights from this land exchange. Permits the District and the Secretary to equalize this exchange through a cash payment. Adds the District lands acquired under this Act to the Los Padres National Forest.

{"src": "billsum_train", "title": "To provide for an exchange of lands with the United Water Conservation District of California to eliminate private inholdings in the Los Padres National Forest, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Seasoned Customer CTR Exemption Act of 2006''. SEC. 2. EXCEPTION FROM CURRENCY TRANSACTION REPORTS FOR SEASONED CUSTOMERS. (a) Findings.--The Congress finds as follows: (1) The completion of and filing of currency transaction reports under section 5313 of title 31, United States Code, poses a compliance burden on the financial industry. (2) Due to the nature of the transactions or the persons and entities conducting such transactions, some reports as currently filed may not be relevant to the detection, deterrence, or investigation of financial crimes, including money laundering and the financing of terrorism. (3) However, the data contained in such reports can provide valuable context for the analysis of other data derived pursuant to subchapter II of chapter 53 of title 31, United States Code, as well as investigative data, which provide invaluable and indispensable information supporting efforts to combat money laundering and other financial crimes. (4) An appropriate exemption process from the reporting requirements for certain currency transactions that are of little or no value to ongoing efforts of law enforcement agencies, financial regulatory agencies, and the financial services industry to investigate, detect, or deter financial crimes would continue to fulfill the compelling need to produce and provide meaningful information to policy-makers, financial regulators, law enforcement, and intelligence agencies, while potentially lowering the compliance burden placed on financial institutions by the need to file such reports. (5) The Secretary of the Treasury has by regulation, and in accordance with section 5313 of title 31, United States Code, implemented a process by which institutions may seek exemptions from filing certain currency transaction reports based on appropriate circumstances; however, the financial industry has not taken full advantage of these provisions and has contended that they are unduly burdensome. (6) The act of providing notice to the Secretary of the Treasury of designations of exemption-- (A) provides meaningful information to law enforcement officials on exempt customers and enables law enforcement to obtain account information through appropriate legal process; and (B) complements other sections of title 31, United States Code, whereby law enforcement can locate financial institutions with relevant records relating to a person of investigative interest, such as information requests made pursuant to regulations implementing section 314(a) of the USA PATRIOT Act of 2001. (7) A designation of exemption has no effect on requirements for depository institutions to apply the full range of anti-money laundering controls required under subchapter II of chapter 53 of title 31, United States Code, and related provisions of law, including the requirement to apply the customer identification program pursuant to section 5326 of such title, and the requirement to identify, monitor, and, if appropriate, report suspicious activity in accordance with section 5318(g) of such title. (8) The Federal banking agencies and the Financial Crimes Enforcement Network have recently provided guidance through the Federal Financial Institutions Examination Council Bank Secrecy Act/Anti-Money Laundering Examination Manual on applying appropriate levels of due diligence and identifying suspicious activity by the types of cash-intensive businesses that generally will be subject to exemption. (b) Seasoned Customer Exemption.--Section 5313(e) of title 31, United States Code, is amended to read as follows: ``(e) Qualified Customer Exemption.-- ``(1) In general.--Before the end of the 270-day period beginning on the date of the enactment of the Seasoned Customer CTR Exemption Act of 2006, the Secretary of the Treasury shall prescribe regulations that exempt any depository institution from filing a report pursuant to this section in a transaction for the payment, receipt, or transfer of United States coins or currency (or other monetary instruments the Secretary of the Treasury prescribes) with a qualified customer of the depository institution. ``(2) Qualified customer defined.--For purposes of this section, the term `qualified customer', with respect to a depository institution, has such meaning as the Secretary of the Treasury shall prescribe, which shall include any person that-- ``(A) is incorporated or organized under the laws of the United States or any State, including a sole proprietorship (as defined in 31 C.F.R. 103.22(d)(6)(vii), as in effect on May 10, 2006), or is registered as and eligible to do business within the United States or a State; ``(B) has maintained a deposit account with the depository institution for at least 12 months; and ``(C) has engaged, using such account, in multiple currency transactions that are subject to the reporting requirements of subsection (a). ``(3) Regulations.-- ``(A) In general.--The Secretary of the Treasury shall prescribe regulations requiring a depository institution to file a 1-time notice of designation of exemption for each qualified customer of the depository institution. ``(B) Form and content of exemption notice.--The Secretary shall by regulation prescribe the form, manner, content, and timing of the qualified customer exemption notice and such notice shall include information sufficient to identify the qualified customer and the accounts of the customer. ``(C) Authority of secretary.-- ``(i) In general.--The Secretary may suspend, reject, or revoke any qualified customer exemption notice, in accordance with criteria prescribed by the Secretary by regulation. ``(ii) Conditions.--The Secretary may establish conditions, in accordance with criteria prescribed by regulation, under which exempt qualified customers of an insured depository institution that is merged with or acquired by another insured depository institution will continue to be treated as designated exempt qualified customers of the surviving or acquiring institution.''. (c) 3-Year Review and Report.--Before the end of the 3-year period beginning on the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Attorney General, the Secretary of Homeland Security, the Federal banking agencies, the banking industry, and such other persons as the Secretary deems appropriate, shall evaluate the operations and effect of the provisions of the amendment made by subsection (a) and make recommendations to Congress as to any legislative action with respect to such provision as the Secretary may determine to be appropriate. SEC. 3. PERIODIC REVIEW OF REPORTING THRESHOLD AND ADJUSTMENT FOR INFLATION. Section 5318 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(o) Periodic Review of Reporting Threshold and Adjustment for Inflation.-- ``(1) In general.--Before the end of the 90-day period beginning on the date of the enactment of the Seasoned Customer CTR Exemption Act of 2006 and at least every 5 years after the end of such period, the Secretary of the Treasury shall-- ``(A) review the continuing appropriateness, relevance, and utility of each threshold amount or denomination established by the Secretary, in the Secretary's discretion, for any report required by the Secretary under this subchapter; and ``(B) adjust each such amount, at such time and in such manner as the Secretary considers appropriate, for any inflation that the Secretary determines has occurred since the date any such amount was established or last adjusted, as the case may be. ``(2) Report.--Before the end of the 60-day period beginning upon the completion of any review by the Secretary of the Treasury under paragraph (1), the Secretary shall submit a report to the Congress containing the findings and conclusions of the Secretary in connection with such review, together with an explanation for any adjustment, or lack of adjustment, of any threshold amount or denomination by the Secretary as a result of such review, including the adjustment for inflation.''. Passed the House of Representatives June 27, 2006. Attest: KAREN L. HAAS, Clerk.

Seasoned Customer CTR Exemption Act of 2006 - Amends federal money and finance law to: (1) repeal the current authority of the Secretary of the Treasury to exempt a depository institution from currency transaction reporting (CTR) requirements with respect to transactions between the depository institution and a qualified business customer; and (2) instruct the Secretary to prescribe regulations that exempt a depository institution from filing a CTR if the transaction is with a qualified customer. Defines qualified customer as any person that: (1) is incorporated or organized under federal or state law, including a sole proprietorship, or is registered as and eligible to do business within the United States or a state; (2) has maintained a deposit account with the depository institution for at least 12 months; and (3) has engaged, using such account, in multiple currency transactions subject to federal CTR requirements. Requires such regulations to require a depository institution to file a one-time notice of designation of exemption for each of its qualified customers. Authorizes the Secretary to: (1) suspend, reject, or revoke any qualified customer exemption notice; and (2) establish conditions under which exempt qualified customers of an insured depository institution merged with or acquired by another insured depository institution will continue to be treated as designated exempt qualified customers of the surviving or acquiring institution. Requires the Secretary to submit a three-year review and report evaluating implementation of this Act. Requires the Secretary to review every five years: (1) the continuing appropriateness, relevance, and utility of each threshold amount or denomination established for any mandatory CTR; (2) adjust such amount for inflation, if any; and (3) report to Congress the review findings and conclusions, together with an explanation for any adjustment, or lack of adjustment, of any threshold amount or denomination.

{"src": "billsum_train", "title": "To amend section 5313 of title 31, United States Code, to reform certain requirements for reporting cash transactions, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Spectrum Auction Act of 1995''. SEC. 2. FINDINGS. The Congress finds that-- (1) the National Telecommunications and Information Administration of the Department of Commerce recently submitted to the Congress a report entitled ``U.S. National Spectrum Requirements'' as required by section 113 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923); (2) based on the best available information the report concludes that an additional 179 megahertz of spectrum will be needed within the next ten years to meet the expected demand for land mobile and mobile satellite radio services such as cellular telephone service, paging services, personal communication services, and low earth orbiting satellite communications systems; (3) a further 85 megahertz of additional spectrum, for a total of 264 megahertz, is needed if the United States is to fully implement the Intelligent Transportation System currently under development by the Department of Transportation; (4) as required by Part B of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 921 et seq.) the Federal Government will transfer 235 megahertz of spectrum from exclusive government use to non-governmental or mixed governmental and non- governmental use between 1994 and 2004; (5) the Spectrum Reallocation Final Report submitted to Congress by the National Telecommunications and Information Administration states that, of the 235 megahertz of spectrum identified for reallocation from governmental to non- governmental or mixed use-- (A) 50 megahertz has already been reallocated for exclusive non-governmental use, (B) 45 megahertz will be reallocated in 1995 for both exclusive non-governmental and mixed governmental and non-governmental use, (C) 25 megahertz will be reallocated in 1997 for exclusive non-governmental use, (D) 70 megahertz will be reallocated in 1999 for both exclusive non-governmental and mixed governmental and non-governmental use, and (E) the final 45 megahertz will be reallocated for mixed governmental and non-governmental use by 2004; (6) the 165 megahertz of spectrum that are not yet reallocated, combined with 80 megahertz that the Federal Communications Commission is currently holding in reserve for emerging technologies, are less than the best estimates of projected spectrum needs in the United States; (7) the authority of the Federal Communications Commission to assign radio spectrum frequencies using an auction process expires on September 30, 1998; (8) a significant portion of the reallocated spectrum will not yet be assigned to non-governmental users before that authority expires; (9) the transfer of Federal governmental users from certain valuable radio frequencies to other reserved frequencies could be expedited if Federal governmental users are permitted to accept reimbursement for relocation costs from non-governmental users; and (10) extension of the authority to use auctions and non- governmental reimbursement of Federal governmental users relocation costs would allow the market to determine the most efficient use of the available spectrum. SEC. 3. EXTENSION AND EXPANSION OF AUCTION AUTHORITY. Section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) is amended-- (1) by striking paragraph (1) and inserting in lieu thereof the following: ``(1) General authority.--If mutually exclusive applications or requests are accepted for any initial license or construction permit which will involve a use of the electromagnetic spectrum, then the Commission shall grant such license or permit to a qualified applicant through a system of competitive bidding that meets the requirements of this subsection. The competitive bidding authority granted by this subsection shall not apply to licenses or construction permits issued by the Commission for public safety radio services or for licenses or construction permits for new terrestrial digital television services assigned by the Commission to existing terrestrial broadcast licensees to replace their current television licenses.''; (2) by striking paragraph (2) and renumbering paragraphs (3) through (13) as (2) through (12), respectively; and (3) by striking ``1998'' in paragraph (10), as renumbered, and inserting in lieu thereof ``2002''. SEC. 4. REIMBURSEMENT OF FEDERAL RELOCATION COSTS. Section 113 of the National Telecommunications and Information Administration Act (47 U.S.C. 923) is amended by adding at the end the following new subsections: ``(f) Relocation of Federal Government Stations.-- ``(1) In general.--In order to expedite the efficient use of the electromagnetic spectrum and notwithstanding section 3302(b) of title 31, United States Code, any Federal entity which operates a Federal Government station may accept reimbursement from any person for the costs incurred by such Federal entity for any modification, replacement, or reissuance of equipment, facilities, operating manuals, regulations, or other expenses incurred by that entity in relocating the operations of its Federal Government station or stations from one or more radio spectrum frequencies to any other frequency or frequencies. Any such reimbursement shall be deposited in the account of such Federal entity in the Treasury of the United States. Funds deposited according to this section shall be available, without appropriation or fiscal year limitation, only for the operations of the Federal entity for which such funds were deposited under this section. ``(2) Process for relocation.--Any person seeking to relocate a Federal Government station that has been assigned a frequency within a band allocated for mixed Federal and non- Federal use may submit a petition for such relocation to NTIA. The NTIA shall limit the Federal Government station's operating license to secondary status when the following requirements are met-- ``(A) the person seeking relocation of the Federal Government station has guaranteed reimbursement through money or in-kind payment of all relocation costs incurred by the Federal entity, including all engineering, equipment, site acquisition and construction, and regulatory fee costs; ``(B) the person seeking relocation completes all activities necessary for implementing the relocation, including construction of replacement facilities (if necessary and appropriate) and identifying and obtaining on the Federal entity's behalf new frequencies for use by the relocated Federal Government station (where such station is not relocating to spectrum reserved exclusively for Federal use); and ``(C) any necessary replacement facilities, equipment modifications, or other changes have been implemented and tested to ensure that the Federal Government station is able to successfully accomplish its purposes. ``(3) Right to reclaim.--If within one year after the relocation the Federal Government station demonstrates to the Commission that the new facilities or spectrum are not comparable to the facilities or spectrum from which the Federal Government station was relocated, the person seeking such relocation must take reasonable steps to remedy any defects or reimburse the Federal entity for the costs of returning the Federal Government station to the spectrum from which such station was relocated. ``(g) Federal Action To Expedite Spectrum Transfer.--Any Federal Government station which operates on electromagnetic spectrum that has been identified for reallocation for mixed Federal and non-Federal use in the Spectrum Reallocation Final Report shall, to the maximum extent practicable through the use of the authority granted under subsection (f) and any other applicable provision of law, take action to relocate its spectrum use to other frequencies that are reserved for Federal use or to consolidate its spectrum use with other Federal Government stations in a manner that maximizes the spectrum available for non- Federal use. Notwithstanding the timetable contained in the Spectrum Reallocation Final Report, the President shall seek to implement the reallocation of the 1710 to 1755 megahertz frequency band by January 1, 2000. Subsection (c)(4) of this section shall not apply to the extent that a non-Federal user seeks to relocate or relocates a Federal power agency under subsection (f). ``(h) Definitions.--For purposes of this section-- ``(1) Federal entity.--The term `Federal entity' means any Department, agency, or other element of the Federal Government that utilizes radio frequency spectrum in the conduct of its authorized activities, including a Federal power agency. ``(2) Spectrum reallocation final report.--The term `Spectrum Reallocation Final Report' means the report submitted by the Secretary to the President and Congress in compliance with the requirements of subsection (a).''. SEC. 5. REALLOCATION OF ADDITIONAL SPECTRUM. The Secretary of Commerce shall, within 9 months after the date of enactment of this Act, prepare and submit to the President and the Congress a report and timetable recommending the reallocation of the three frequency bands (225-400 megahertz, 3625-3650 megahertz, and 5850-5925 megahertz) that were discussed but not recommended for reallocation in the Spectrum Reallocation Final Report. The Secretary shall consult with the Federal Communications Commission and other Federal agencies in the preparation of the report, and shall provide notice and an opportunity for public comment before submitting the report and timetable required by this section.

Spectrum Auction Act of 1995 - Amends the Communications Act of 1934 to state that certain competitive bidding requirements of the Act shall not apply to licenses or construction permits issued by the Federal Communications Commission (FCC) for public safety radio services or for licenses or construction permits for new terrestrial digital television services assigned by the FCC to existing terrestrial broadcast licensees to replace their current television licenses. Extends through FY 2002 the authority of the FCC to grant such licenses or permits. Amends the National Telecommunications and Information Administration (NTIA) Act to authorize any Federal entity which operates a Government station to accept reimbursement from any person for the cost of relocating the operations of such station from one or more radio spectrum frequencies to any other frequency. Authorizes any person seeking to relocate a Government station that has been assigned a frequency of mixed Federal and non-Federal use to petition for such relocation to the NTIA. Provides relocation requirements. Allows such a relocated station up to one year to reclaim the former station if it finds the new facilities or spectrum (radio frequency) to be inferior to the former facilities or spectrum. Provides for the expedited transfer to Federal spectrum use of a station currently on a mixed Federal and non-Federal spectrum, or the consolidation of its spectrum use with other Government stations in a manner that maximizes the spectrum available for non-Federal use. Directs the President to seek to implement the relocation of the 1710 to 1755 megahertz frequency band by January 1, 2000. Directs the Secretary of Commerce to prepare and submit to the President and the Congress a report and timetable for the reallocation of the three frequency bands that were discussed but not recommended for reallocation in the Spectrum Reallocation Final Report.

{"src": "billsum_train", "title": "Spectrum Auction Act of 1995"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Security and Land Stewardship Act of 2001''. SEC. 2. FLEXIBLE FALLOW PROGRAM. (a) In General.--Section 132 of the Agricultural Market Transition Act (7 U.S.C. 7232) is amended by adding at the end the following: ``(g) Flexible Fallow Program.-- ``(1) Definition of total planted acreage.--In this subsection, the term `total planted acreage' means the cropland acreage of a producer that for the 2000 crop year was-- ``(A) planted to a loan commodity; ``(B) prevented from being planted to a loan commodity; or ``(C) fallow as part of a fallow rotation practice with respect to a loan commodity, as determined by the Secretary. ``(2) Authority.--In lieu of receiving a loan rate under subsections (a) through (f), a producer, with respect to production eligible for a loan under section 131, may elect to participate in a flexible fallow program for any of the 2001 or 2002 crops under which annually-- ``(A) the producer determines which acres of the total planted acreage are assigned to a specific loan commodity; ``(B) the producer determines-- ``(i) the projected percentage reduction rate of production of the specific loan commodity based on the acreage assigned to the loan commodity under subparagraph (A); and ``(ii) the acreage of the total planted acreage of the producer to be set aside under clause (i), regardless of whether the acreage is on the same farm as the acreage planted to the specific loan commodity; ``(C) based on the projected percentage reduction rate of production as a result of the acreage set aside under subparagraph (B), the producer receives the loan rate for each loan commodity produced by the producer, as determined under paragraph (3); and ``(D) the acreage planted to loan commodities for harvest and set aside under this subsection is limited to the total planted acreage of the producer. ``(3) Loan rates.-- ``(A) In general.--Subject to subparagraphs (B) and (C), in the case of a producer of a loan commodity that elects to participate in the flexible fallow program under this subsection, the loan rate for a marketing assistance loan under section 131 for a crop of the loan commodity shall be based on the projected percentage reduction rate of production determined by the producer under paragraph (2)(B), in accordance with the following table: ``Projected Corn Loan Wheat Loan Rate Soybean Loan Rate Upland Cotton Rice Loan Rate Percentage Rate ($/bushel) ($/bushel) Loan Rate ($/ Reduction Rate ($/bushel) ($/pound) hundredweight) 0% 1.89 2.75 4.72 0.5192 6.50 1% 1.91 2.78 4.77 0.5268 6.60 2% 1.93 2.81 4.81 0.5344 6.70 3% 1.95 2.83 4.86 0.5420 6.80 4% 1.97 2.86 4.91 0.5496 6.90 5% 1.99 2.89 4.96 0.5572 7.00 6% 2.01 2.92 5.01 0.5648 7.10 7% 2.03 2.95 5.06 0.5724 7.20 8% 2.05 2.98 5.11 0.5800 7.30 9% 2.07 3.01 5.16 0.5876 7.40 10% 2.09 3.04 5.21 0.5952 7.50 11% 2.12 3.08 5.29 0.6028 7.60 12% 2.15 3.13 5.36 0.6104 7.70 13% 2.18 3.17 5.43 0.6180 7.80 14% 2.21 3.22 5.51 0.6256 7.90 15% 2.24 3.27 5.58 0.6332 8.00 16% 2.28 3.31 5.65 0.6408 8.10 17% 2.31 3.36 5.73 0.6484 8.20 18% 2.34 3.41 5.81 0.6560 8.30 19% 2.37 3.46 5.88 0.6636 8.40 20% 2.41 3.51 5.96 0.6712 8.50 21% 2.44 3.55 6.04 0.6788 8.60 22% 2.47 3.60 6.12 0.6864 8.70 23% 2.51 3.65 6.19 0.6940 8.80 24% 2.54 3.70 6.27 0.7016 8.90 25% 2.57 3.75 6.35 0.7092 9.00 26% 2.61 3.80 6.43 0.7168 9.10 27% 2.64 3.85 6.51 0.7244 9.20 28% 2.68 3.90 6.60 0.7320 9.30 29% 2.71 3.95 6.68 0.7396 9.40 30% 2.75 4.01 6.76 0.7472 9.50. ``(B) County average yields.-- ``(i) In general.--The loan rate for a marketing assistance loan made to a producer for a crop of a loan commodity under subparagraph (A) shall apply with respect to the production of the crop of the loan commodity by the producer in a quantity that does not exceed the historical county average yield for the loan commodity established by the National Agricultural Statistics Service, adjusted for long-term yield trends. ``(ii) Excess production.--The loan rate for a marketing assistance loan made to a producer for a crop of a loan commodity under subparagraph (A) with respect to the production of the crop of the loan commodity in excess of the historical county average yield for the loan commodity described in clause (i) shall be equal to the loan rate established for a 0% projected percentage reduction rate for the loan commodity under subparagraph (A). ``(iii) Disasters.-- ``(I) In general.--If the production of a crop of a loan commodity by a producer is less than the historical county average yield for the loan commodity described in clause (i) as a result of damaging weather, an insurable peril, or related condition, the producer may receive a payment on the lost production that shall equal the difference between-- ``(aa) the maximum quantity of loan commodity that could have been designated for the loan rate authorized under this subsection for the producer; and ``(bb) the quantity of loan commodity the producer was able to produce and commercially market. ``(II) Calculation of payment.--The payment described in subclause (I) shall be equal to the loan deficiency payment the producer could have received on the lost production on any date, selected by the producer, on which a loan deficiency payment was available for that crop of the loan commodity. ``(C) Other loan commodities.--In the case of a producer of a loan commodity not covered by subparagraphs (A) and (B) that elects to participate in the flexible fallow program under this subsection, the loan rate for a marketing assistance loan under section 131 for the crop of the loan commodity shall be based on-- ``(i) in the case of grain sorghum, barley, and oats, such level as the Secretary determines is fair and reasonable in relation to the rate that loans are made available for corn, taking into consideration the feeding value of the commodity in relation to corn; ``(ii) in the case of extra long staple cotton, such level as the Secretary determines is fair and reasonable; and ``(iii) in the case of oilseeds other than soybeans, such level as the Secretary determines is fair and reasonable in relation to the loan rate available for soybeans, except that the rate for the oilseeds (other than cottonseed) shall not be less than the rate established for soybeans on a per-pound basis for the same crop. ``(4) Conservation uses.-- ``(A) In general.--Subject to subparagraph (C), to be eligible for a loan rate under this subsection, a producer shall-- ``(i) devote all acreage set aside under this section to an annual conservation use approved by the Secretary; and ``(ii) manage the set-aside acreage using practices designed to enhance soil conservation and wildlife habitat. ``(B) Limited grazing.--The Secretary may permit limited grazing on the set-aside acreage where the grazing is incidental to the gleaning of crop residues on adjacent fields. ``(C) Other contracts.--A producer may enter into a contract that requires multiyear conservation uses of the set-aside acreage approved by the Secretary, including carbon sequestration and recreational uses. ``(5) Certification.--To be eligible to participate in the flexible fallow program for the 2001 or 2002 crops, a producer shall certify to the Secretary (by farm serial number) the total planted acreage assigned, planted, and set aside with respect to each loan commodity.''. (b) Conforming Amendments.--Section 132 of the Agricultural Market Transition Act (7 U.S.C. 7232) is amended-- (1) in subsection (a)(1)(B), by striking ``$2.58'' and inserting ``$2.75''; and (2) in subsection (f)(1), by striking subparagraph (B) and inserting the following: ``(B) not more than $4.72 per bushel.''. (c) Crops.--This section and the amendments made by this section shall apply to each of the 2001 and 2002 crops of a loan commodity (as defined in section 102 of the Agricultural Market Transition Act (7 U.S.C. 7202)).

Food Security and Land Stewardship Act of 2001 - Amends the Agricultural Market Transition Act to establish a flexible fallow program for the 2001 and 2002 crop years under which a producer may idle a portion of the total loan commodity acreage in exchange for higher marketing assistance loan rates on the remaining acreage.

{"src": "billsum_train", "title": "A bill to amend the Agricultural Market Transition Act to establish a flexible fallow program under which a producer may idle a portion of the total planted acreage of the loan commodities of the producer in exchange for higher loan rates for marketing assistance loans on the remaining acreage of the producer."}