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SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Telehealth Validation Act of 2001''. SEC. 2. EXPANSION AND IMPROVEMENT OF TELEHEALTH SERVICES. (a) Expanding Access to Telehealth Services to All Areas.-- (1) In general.--Section 1834(m), as added by section 223(b) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-487), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended in paragraph (4)(C)(i) by striking ``and only if such site is located'' and all that follows and inserting ``without regard to the geographic area where the site is located, and includes an entity that participates in a Federal telemedicine demonstration project that has been approved by (or receives funding from) the Secretary of Health and Human Services as of December 31, 2000.''. (2) Store and forward technology.--Such section is further amended in paragraph (1) by striking ``in the case of any Federal telemedicine demonstration program conducted in Alaska or Hawaii,''. (b) Increasing Types of Originating Sites.--Paragraph (4)(C)(ii) of such section 1834(m) is amended by adding at the end the following new subclauses: ``(VI) A skilled nursing facility (as defined in section 1819(a)). ``(VII) An assisted living facility. ``(VIII) A board and care facility. ``(IX) A school. ``(X) A county mental health clinic. ``(XI) The residence of an individual enrolled under this part. (c) Facilitating the Provision of Telehealth Services Across State Lines.-- (1) In general.--For purposes of expediting the provision of telehealth services, for which payment is made under the Medicare Program, across State lines, the Secretary of Health and Human Services shall, in consultation with representatives of States, physicians, health care practitioners, and patient advocates, encourage and facilitate the adoption of provisions allowing for multistate practitioner licensure across State lines. (2) Definitions.--In paragraph (1): (A) Telehealth service.--The term ``telehealth service'' has the meaning given that term in subparagraph (F) of section 1834(m)(4) of the Social Security Act (42 U.S.C. 1395m(m)(4)). (B) Physician, practitioner.--The terms ``physician'' and ``practitioner'' has the meaning given those terms in subparagraphs (D) and (E), respectively, of such section. (C) Medicare program.--The term ``medicare program'' means the program of health insurance administered by the Secretary of Health and Human Services under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). SEC. 3. GRANT PROGRAM FOR THE DEVELOPMENT OF TELEHEALTH NETWORKS. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary''), acting through the Director of the Office for the Advancement of Telehealth (of the Health Resources and Services Administration), shall make grants to eligible recipients (as described in subsection (b)(1)) for the purpose of expanding access to health care services for individuals in rural areas, frontier areas, and medically underserved areas through the use of telehealth. (b) Eligible Recipients.-- (1) Application.--To be eligible to receive a grant under this section, an eligible entity described in paragraph (2) shall, in consultation with the State office of rural health or other appropriate State entity, prepare and submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, including the following: (A) A description of the anticipated need for the grant. (B) A description of the activities which the entity intends to carry out using amounts provided under the grant. (C) A plan for continuing the project after Federal support under this section is ended. (D) A description of the manner in which the activities funded under the grant will meet health care needs of underserved rural populations within the State. (E) A description of how the local community or region to be served by the network or proposed network will be involved in the development and ongoing operations of the network. (F) The source and amount of non-Federal funds the entity would pledge for the project. (G) A showing of the long-term viability of the project and evidence of health care provider commitment to the network. The application should demonstrate the manner in which the project will promote the integration of telehealth in the community so as to avoid redundancy of technology and achieve economies of scale. (2) Eligible entities.--An eligible entity described in this paragraph is a hospital or other health care provider in a health care network of community-based health care providers that includes at least two of the organizations described in subparagraph (A) and one of the institutions and entities described in subparagraph (B) if the institution or entity is able to demonstrate use of the network for purposes of education or economic development (as required by the Secretary). (A) The organizations described in this subparagraph are the following: (i) Community or migrant health centers. (ii) Local health departments. (iii) Nonprofit hospitals. (iv) Private practice health professionals, including community and rural health clinics. (v) Other publicly funded health or social services agencies. (vi) Skilled nursing facilities. (vii) County mental health and other publicly funded mental health facilities. (viii) Providers of home health services. (B) The institutions and entities described in this subparagraph are the following: (i) A public school. (ii) A public library. (iii) A university or college. (iv) A local government entity. (v) A local health or nonhealth-related business entity. An eligible entity may include for-profit entities so long as the recipient of the grant is a not-for-profit entity. (d) Preference.--The Secretary shall establish procedures to prioritize financial assistance under this section based upon the following considerations: (1) The applicant is a health care provider in a health care network or a health care provider that proposes to form such a network that furnishes or proposes to furnish services in a medically underserved area, health professional shortage area, or mental health professional shortage area. (2) The applicant is able to demonstrate broad geographic coverage in the rural or medically underserved areas of the State, or States in which the applicant is located. (3) The applicant proposes to use Federal funds to develop plans for, or to establish, telehealth systems that will link rural hospitals and rural health care providers to other hospitals, health care providers, and patients. (4) The applicant will use the amounts provided for a range of health care applications and to promote greater efficiency in the use of health care resources. (5) The applicant is able to demonstrate the long-term viability of projects through cost participation (cash or in- kind). (6) The applicant is able to demonstrate financial, institutional, and community support for the long-term viability of the network. (7) The applicant is able to provide a detailed plan for coordinating system use by eligible entities so that health care services are given a priority over non-clinical uses. (e) Maximum Amount of Assistance to Individual Recipients.--The Secretary shall establish, by regulation, the terms and conditions of the grant and the maximum amount of a grant award to be made available to an individual recipient for each fiscal year under this section. The Secretary shall cause to have published in the Federal Register or the ``HRSA Preview'' notice of the terms and conditions of a grant under this section and the maximum amount of such a grant for a fiscal year. (f) Use of Amounts.--The recipient of a grant under this section may use sums received under such grant for the acquisition of telehealth equipment and modifications or improvements of telecommunications facilities including the following: (1) The development and acquisition through lease or purchase of computer hardware and software, audio and video equipment, computer network equipment, interactive equipment, data terminal equipment, and other facilities and equipment that would further the purposes of this section. (2) The provision of technical assistance and instruction for the development and use of such programming equipment or facilities. (3) The development and acquisition of instructional programming. (4) Demonstration projects for teaching or training medical students, residents, and other health profession students in rural or medically underserved training sites about the application of telehealth. (5) The provision of telenursing services designed to enhance care coordination and promote patient self-management skills. (6) The provision of services designed to promote patient understanding and adherence to national guidelines for common chronic diseases, such as congestive heart failure or diabetes. (7) Transmission costs, maintenance of equipment, and compensation of specialists and referring health care providers. (8) Development of projects to use telehealth to facilitate collaboration between health care providers. (9) Electronic archival of patient records. (10) Collection and analysis of usage statistics and data that can be used to document the cost-effectiveness of the telehealth services. (11) Such other uses that are consistent with achieving the purposes of this section as approved by the Secretary. (g) Prohibited Uses.--Sums received under a grant under this section may not be used for any of the following: (1) To acquire real property. (2) Expenditures to purchase or lease equipment to the extent the expenditures would exceed more than 40 percent of the total grant funds. (3) To purchase or install transmission equipment off the premises of the telehealth site and any transmission costs not directly related to the grant. (4) For construction, except that such funds may be expended for minor renovations relating to the installation of equipment. (5) Expenditures for indirect costs (as determined by the Secretary) to the extent the expenditures would exceed more than 20 percent of the total grant. (h) Administration.-- (1) Nonduplication.--The Secretary shall ensure that facilities constructed using grants provided under this section do not duplicate adequately established telehealth networks. (2) Coordination with other agencies.--The Secretary shall coordinate, to the extent practicable, with other Federal and State agencies and not-for-profit organizations, operating similar grant programs to pool resources for funding meritorious proposals. (3) Informational efforts.--The Secretary shall establish and implement procedures to carry out outreach activities to advise potential end users located in rural and medically underserved areas of each State about the program authorized by this section. (i) Prompt Implementation.--The Secretary shall take such actions as are necessary to carry out the grant program as expeditiously as possible. (j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $40,000,000 for fiscal year 2002, and such sums as may be necessary for each of the fiscal years 2003 through 2008. SEC. 4. JOINT WORKING GROUP ON TELEMEDICINE. (a) In General.-- (1) Representation of rural areas.--The Joint Working Group on Telemedicine shall ensure that individuals that represent the interests of rural areas and medically underserved areas are members of the Group. (2) Mission.--The mission of the Joint Working Group on Telemedicine is-- (A) to identify, monitor, and coordinate Federal telehealth projects, data sets, and programs; (B) to analyze-- (i) how telehealth systems are expanding access to health care services, education, and information; (ii) the clinical, educational, or administrative efficacy and cost-effectiveness of telehealth applications; and (iii) the quality of the telehealth services delivered; and (C) to make further recommendations for coordinating Federal and State efforts to increase access to health services, education, and information in rural and medically underserved areas. (3) Annual reports.--Not later than two years after the date of enactment of this Act and each January 1 thereafter the Joint Working Group on Telemedicine shall submit to Congress a report on the status of the Group's mission and the state of the telehealth field generally. (b) Report Specifics.--The annual report required under subsection (a)(3) shall provide-- (1) an analysis of-- (A) the matters described in subsection (a)(3)(B); (B) the Federal activities with respect to telehealth; and (C) the progress of the Joint Working Group on Telemedicine's efforts to coordinate Federal telehealth programs; and (2) recommendations for a coordinated Federal strategy to increase health care access through telehealth. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary for the Joint Working Group on Telemedicine to carry out this section.

Medicare Telehealth Validation Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act regarding telehealth services (services furnished via a telecommunication system by a physician to an enrolled individual) to: (1) remove current geographic restrictions on the provision of such services; (2) make eligible for such services an entity that participates in a Federal telemedicine demonstration project approved by or financed through the Secretary of Health and Human Services as of December 31, 2000; (3) add to the facilities authorized to participate in the telehealth program; and (4) direct the Secretary to encourage and facilitate multistate practitioner licensure across State lines to facilitate the program.Directs the Secretary to make grants for expanding access to health care services for individuals in rural areas, frontier areas, and medically underserved areas through the use of telehealth.Requires the Joint Working Group on Telemedicine to ensure that individuals representing the interests of rural and medically underserved areas are members of the Group.

{"src": "billsum_train", "title": "To improve the provision of telehealth services under the Medicare Program, to provide grants for the development of telehealth networks, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fort Peck Fish Hatchery Authorization Act of 2000''. SEC. 2. FINDINGS. Congress finds that-- (1) Fort Peck Lake, Montana, is in need of a warm water fish hatchery; (2) the burden of carrying out efforts to raise and stock warm water fish species in the State of Montana has been disproportionately borne by the State despite the existence of many Federal projects on waterways in the State; (3)(A) as of the date of enactment of this Act, eastern Montana has only 1 warm water fish hatchery, which is inadequate to meet the demands of the region; and (B) a disease or infrastructure failure at that hatchery could imperil fish populations throughout the region; (4) although the multipurpose project at Fort Peck, Montana, authorized by the first section of the Act of August 30, 1935 (49 Stat. 1034, chapter 831), was intended to include irrigation projects and other activities designed to promote economic growth, many of those projects were never completed, to the detriment of the local communities flooded by the Fort Peck Dam; (5) the process of developing an environmental impact statement for the update of the Corps of Engineers Master Manual for the operation of the Missouri River recognized the need for greater support of recreation activities and other authorized purposes of the Fort Peck project; (6)(A) although fish stocking is included among the authorized purposes of the Fort Peck project, the State of Montana has funded the stocking of Fort Peck Lake since 1947; and (B) the obligation to fund the stocking constitutes an undue burden on the State; and (7) a viable warm water fishery would spur economic development in the region. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to authorize and provide funding for the design and construction of a warm water fish hatchery at Fort Peck Lake, Montana; and (2) to ensure stable operation and maintenance of the fish hatchery. SEC. 4. DEFINITIONS. In this Act: (1) Fort peck lake.--The term ``Fort Peck Lake'' means the reservoir created by the damming of the upper Missouri River in northeastern Montana. (2) Hatchery project.--The term ``hatchery project'' means the project authorized by section 5. (3) Secretary.--The term ``Secretary'' means the Secretary of the Army. SEC. 5. AUTHORIZATION. The Secretary shall carry out a project at Fort Peck Lake, Montana, for the design and construction of a fish hatchery and such associated facilities as are necessary to sustain a warm water fishery. SEC. 6. COST SHARING. (a) Design and Construction.-- (1) Federal share.--The Federal share of the cost of design and construction of the hatchery project shall be 75 percent. (2) Form of non-federal share.-- (A) In general.--The non-Federal share of the cost of the hatchery project may be provided in the form of cash or in the form of land, easements, rights-of-way, services, roads, or any other form of in-kind contribution determined by the Secretary to be appropriate. (B) Required crediting.--The Secretary shall credit toward the non-Federal share of the cost of the hatchery project-- (i) the cost to the State of Montana of stocking Fort Peck Lake during the period beginning January 1, 1947; and (ii) the cost to the State of Montana and the counties having jurisdiction over land surrounding Fort Peck Lake of construction of local access roads to the lake. (b) Operation, Maintenance, Repair, and Replacement.-- (1) In general.--Except as provided in paragraphs (2) and (3), the operation, maintenance, repair, and replacement of the hatchery project shall be a non-Federal responsibility. (2) Cost associated with threatened and endangered species.--The cost of operation and maintenance associated with raising threatened or endangered species shall be a Federal responsibility. (3) Power.--The Secretary shall offer to the hatchery project low-cost project power for all hatchery operations. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act-- (1) $5,000,000 for fiscal year 2001; (2) $5,000,000 for fiscal year 2002; and (3) such sums as are necessary to carry out section 6(b)(2). (b) Availability of Funds.--Sums made available under subsection (a) shall remain available until expended.

Requires that the Federal share of the cost of design and construction of such project be 75 percent. Requires the Secretary to credit toward the non-Federal share of project costs: (1) the cost to the State of Montana of stocking Fort Peck Lake; and (2) the cost to the State and the counties having jurisdiction over land surrounding the Lake of construction of local access roads to such lake. Provides for the cost of operation and maintenance associated with raising threatened or endangered species to be a Federal responsibility. Directs the Secretary to offer low-cost project power for all hatchery operations. Authorizes appropriations.

{"src": "billsum_train", "title": "Fort Peck Fish Hatchery Authorization Act of 2000"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Volcker Rule Regulatory Harmonization Act''. SEC. 2. RULEMAKING AUTHORITY UNDER THE VOLCKER RULE. (a) In General.--Paragraph (2) of section 13(b) of the Bank Holding Company Act of 1956 (12 U.S.C. 1851(b)(2)) is amended to read as follows: ``(2) Rulemaking.-- ``(A) In general.--The Board may, as appropriate, consult with the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Securities and Exchange Commission, or the Commodity Futures Trading Commission to adopt rules or guidance to carry out this section, as provided in subparagraph (B). ``(B) Rulemaking requirements.--In adopting a rule or guidance under subparagraph (A), the Board-- ``(i) shall consider the findings of the report required in paragraph (1) and, as appropriate, subsequent reports; ``(ii) shall assure, to the extent possible, that such rule or guidance provide for consistent application and implementation of the applicable provisions of this section to avoid providing advantages or imposing disadvantages to the companies affected by this subsection and to protect the safety and soundness of banking entities and nonbank financial companies supervised by the Board; and ``(iii) shall include requirements to ensure compliance with this section, such as requirements regarding internal controls and recordkeeping. ``(C) Authority.--The Board shall have sole authority to issue and amend rules under this section after the date of the enactment of this paragraph. ``(D) Conforming authority.-- ``(i) Continuity of regulations.--Any rules or guidance issued under this section prior to the date of enactment of this paragraph shall continue in effect until the Board issues a successor rule or guidance, or amends such rule or guidance, pursuant to subparagraph (C). ``(ii) Applicable guidance.--In performing examinations or other supervisory duties, the appropriate Federal banking agencies, the Securities and Exchange Commission, and the Commodity Futures Trading Commission, as appropriate, shall update any applicable policies and procedures to ensure that such policies and procedures are consistent (to the extent practicable) with any rules or guidance issued pursuant to subparagraph (C).''. (b) Conforming Amendments.--Section 13 of the Bank Holding Company Act of 1956 (12 U.S.C. 1851) is amended-- (1) by striking ``the appropriate Federal banking agencies, the Securities and Exchange Commission, and the Commodity Futures Trading Commission,'' each place it appears and inserting ``the Board''; (2) by striking ``appropriate Federal banking agencies, the Securities and Exchange Commission, and the Commodity Futures Trading Commission'' each place it appears and inserting ``Board''; (3) in subsection (c)(5), by striking ``Notwithstanding paragraph (2)'' and all that follows through ``provided in subsection (b)(2),'' and inserting ``The Board shall have the authority''; and (4) in subsection (d)(1)-- (A) in subparagraph (F)(ii)-- (i) by striking ``the appropriate Federal banking agencies'' and inserting ``the Board''; and (ii) by striking ``have not jointly'' and inserting ``has not''; and (B) in subparagraph (G)(viii), by striking ``appropriate Federal banking agencies, the Securities and Exchange Commission, or the Commodity Futures Trading Commission,'' and inserting ``Board,''. SEC. 3. ENFORCEMENT; ANTI-EVASION. (a) In General.--Subsection (e) of section 13 of the Bank Holding Company Act of 1956 (12 U.S.C. 1851(e)) is amended to read as follows: ``(e) Enforcement; Anti-Evasion.-- ``(1) Appropriate federal banking agency.--Notwithstanding any other provision of law except for any rules or guidance issued under subsection (b)(2), whenever the appropriate Federal banking agency has reasonable cause to believe that a banking entity or nonbank financial company supervised by the Board has made an investment or engaged in an activity in a manner that either violates the restrictions under this section, or that functions as an evasion of the requirements of this section (including through an abuse of any permitted activity), such appropriate Federal banking agency shall order, after due notice and opportunity for hearing, the banking entity or nonbank financial company supervised by the Board to terminate the activity and, as relevant, dispose of the investment. ``(2) Securities and exchange commission and commodity futures trading commission.-- ``(A) In general.--Notwithstanding any other provision of law except for any rules or guidance issued under subsection (b)(2), whenever the Securities and Exchange Commission or the Commodity Futures Trading Commission, as appropriate, has reasonable cause to believe that a covered nonbank financial company for which the respective agency is the primary Federal regulator has made an investment or engaged in an activity in a manner that either violates the restrictions under this section, or that functions as an evasion of the requirements of this section (including through an abuse of any permitted activity), the Securities and Exchange Commission or the Commodity Futures Trading Commission, as appropriate, shall order, after due notice and opportunity for hearing, the covered nonbank financial company to terminate the activity and, as relevant, dispose of the investment. ``(B) Covered nonbank financial company defined.-- In this paragraph, the term `covered nonbank financial company' means a nonbank financial company (as defined in section 102 of the Financial Stability Act of 2010) supervised by the Securities and Exchange Commission or the Commodity Futures Trading Commission, as appropriate.''. (b) Rule of Construction.--Nothing in this section shall be construed to abrogate, reduce, or eliminate the backup authority of the Federal Deposit Insurance Corporation authority under the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.), the Federal Deposit Insurance Act (12 U.S.C. 1811), or Federal Deposit Insurance Corporation Improvement Act of 1991. SEC. 4. EXCLUSION OF COMMUNITY BANKS FROM VOLCKER RULE. Section 13(h)(1) of the Bank Holding Company Act of 1956 (12 U.S.C. 1851(h)(1)) is amended-- (1) in subparagraph (D), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and adjusting the margins accordingly; (2) by redesignating subparagraphs (A), (B), (C), and (D) as clauses (i), (ii), (iii), and (iv), respectively, and adjusting the margins accordingly; (3) in the matter preceding clause (i), as so redesignated, in the second sentence, by striking ``institution that functions solely in a trust or fiduciary capacity, if--'' and inserting the following: ``institution-- ``(A) that functions solely in a trust or fiduciary capacity, if--''; (4) in clause (iv)(II), as so redesignated, by striking the period at the end and inserting ``; or''; and (5) by adding at the end the following: ``(B) that does not have and is not controlled by a company that has-- ``(i) more than $10,000,000,000 in total consolidated assets; and ``(ii) total trading assets and trading liabilities, as reported on the most recent applicable regulatory filing filed by the institution, that are more than 5 percent of total consolidated assets.''. Passed the House of Representatives April 13, 2018. Attest: KAREN L. HAAS, Clerk.

Volcker Rule Regulatory Harmonization Act (Sec. 2) This bill amends the Bank Holding Company Act of 1956 to grant exclusive rulemaking authority under the Volcker Rule to the Federal Reserve Board. (Currently, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Securities and Exchange Commission, and the Commodity Futures Trading Commission also have regulatory authority under the Volcker Rule. The Volcker Rule prohibits banking agencies from engaging in proprietary trading or entering into certain relationships with hedge funds and private-equity funds.) (Sec. 4) The bill exempts from the Volcker Rule banks with total assets: (1) of $10 billion or less, and (2) comprised of 5% or less of trading assets and liabilities.

{"src": "billsum_train", "title": "Volcker Rule Regulatory Harmonization Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``End Gun Trafficking Act of 2008''. SEC. 2. PROHIBITION AGAINST MULTIPLE HANDGUN SALES OR PURCHASES. (a) Prohibition.--Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(aa) Prohibition Against Multiple Handgun Sales or Purchases.-- ``(1) Sale.--It shall be unlawful to sell or otherwise dispose of a handgun that has been shipped or transported in interstate or foreign commerce to any person who is not licensed under section 923 knowing or having reasonable cause to believe that such person purchased a handgun during the 30- day period ending on the date of such sale or disposition. ``(2) Purchase.--It shall be unlawful for any person who is not licensed under section 923 to purchase more than 1 handgun that has been shipped or transported in interstate or foreign commerce during any 30-day period. ``(3) Exceptions.--Paragraphs (1) and (2) shall not apply to-- ``(A) exchange of 1 handgun for 1 handgun; ``(B) the transfer to or purchase by the United States, a department or agency of the United States, a State, or a department, agency, or political subdivision of a State, of a handgun; ``(C) the transfer to or purchase by a law enforcement officer employed by an entity referred to in subparagraph (B) of a handgun for law enforcement purposes (whether on or off duty); ``(D) the transfer to or purchase by a rail police officer employed by a rail carrier and certified or commissioned as a police officer under the laws of a State of a handgun for law enforcement purposes (whether on or off duty); or ``(E) the transfer or purchase of a handgun listed as a curio or relic by the Attorney General pursuant to section 921(a)(13).''. (b) Penalties.--Section 924(a)(2) of title 18, United States Code, is amended by striking ``or (o)'' and inserting ``(o), or (aa)''. (c) Conforming Amendments.--Chapter 44 of title 18, United States Code, is amended-- (1) in section 922(t)-- (A) in paragraph (1)(B)(ii), by striking ``(g) or (n)'' and inserting ``(g), (n), or (aa)(2)''; (B) in paragraph (2), by striking ``(g) or (n)'' and inserting ``(g), (n), or (aa)(2)''; (C) in paragraph (4), by striking ``(g) or (n)'' and inserting ``(g), (n), or (aa)(2)''; and (D) in paragraph (5), by striking ``(g) or (n)'' and inserting ``(g), (n), or (aa)(2)''; and (2) in section 925A, by striking ``(g) or (n)'' and inserting ``(g), (n), or (aa)(2)''. (d) Eliminate Multiple Sales Reporting Requirement.--Section 923(g) of title 18, United States Code, is amended by striking paragraph (3). (e) Authority To Issue Rules and Regulations.--The Attorney General shall prescribe any rules and regulations as are necessary to ensure that the national instant criminal background check system is able to identify whether receipt of a handgun by a prospective transferee would violate section 922(aa) of title 18, United States Code. SEC. 3. INCREASED PENALTIES FOR MAKING KNOWINGLY FALSE STATEMENTS IN CONNECTION WITH FIREARMS. Section 924(a)(3) of title 18, United States Code, is amended in the matter following subparagraph (B) by striking ``one year'' and inserting ``5 years''. SEC. 4. RETENTION OF RECORDS. (a) Retention of Records.--Section 922(t)(2)(C) of title 18, United States Code, is amended by inserting ``not less than 180 days after the transfer is allowed,'' before ``destroy''. (b) Repeals.-- (1) Fiscal year 2004.--Section 617 of division B of the Consolidated Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 95) is amended-- (A) by striking ``(a)''; (B) by striking ``for--'' and all that follows through ``(1)'' and inserting ``for''; and (C) by striking ``; and'' and all that follows and inserting a period. (2) Fiscal year 2005.--Section 615 of division B of the Consolidated Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 2915) is amended-- (A) by striking ``for--'' and all that follows through ``(1)'' and inserting ``for''; and (B) by striking ``; and'' and all that follows and inserting a period. (3) Fiscal year 2006.--Section 611 of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 (Public Law 109-108; 119 Stat. 2336) is amended-- (A) by striking ``for--'' and all that follows through ``(1)'' and inserting ``for''; and (B) by striking ``; and'' and all that follows and inserting a period. (4) Fiscal year 2008.--Section 512 of division B of the Consolidated Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 1926) is amended-- (A) by striking ``for--'' and all that follows through ``(1)'' and inserting ``for''; and (B) by striking ``; and'' and all that follows and inserting a period. SEC. 5. REVISED DEFINITION. Section 921(a)(21)(C) of title 18, United States Code, is amended by inserting ``, except that such term shall include any person who transfers more than 1 handgun in any 30-day period to a person who is not a licensed dealer'' before the semicolon.

End Gun Trafficking Act of 2008 - Amends the federal criminal code to: (1) prohibit a firearms dealer from selling a handgun to an unlicensed individual if such dealer knows or has reasonable cause to believe that such individual has purchased another handgun within the previous 30 days; (2) prohibit an unlicensed buyer of firearms from purchasing more than one handgun during any 30-day period; (3) increase from one to five years the maximum prison term for firearms dealers who make false statements in their sales records; and (4) require background check records to be retained for not less than 180 days. Repeals prohibitions on the use of funds for: (1) implementation of the national instant criminal background check system for firearms; and (2) background check systems that do not require and result in the destruction within 24-hours of any identifying information for individuals determined not to be prohibited from possessing or receiving a firearm.

{"src": "billsum_train", "title": "A bill to reduce gun trafficking by prohibiting bulk purchases of handguns."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Multiemployer Pension Plan Procedural Fairness Act of 2003''. SEC. 2. AMENDMENT TO THE INTERNAL REVENUE CODE OF 1986. (a) In General.--Section 414(f) of the Internal Revenue Code of 1986 is amended-- (1) by striking paragraph (2) and inserting the following: ``(2) Common control.-- ``(A) In general.--For purposes of this subsection and subtitle E of title IV of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1381 et seq.), all trades or businesses (whether or not incorporated) which are under common control within the meaning of subsection (c) are considered a single employer. ``(B) Principal purpose test.--If a principal purpose of any transaction is to evade or avoid liability under subtitle E of title IV of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1381 et seq.), then, subject to paragraph (6), the determination of whether one or more trades or businesses are under common control for purposes of such subtitle shall be made without regard to such transaction.'', and (2) by adding at the end the following: ``(6) Determination of common control more than 5 years following a transaction.-- ``(A) In general.--If-- ``(i) a plan sponsor of a plan determines that-- ``(I) a complete or partial withdrawal of an employer has occurred, or ``(II) an employer is liable for withdrawal liability payments with respect to the complete or partial withdrawal of an employer from the plan, ``(ii) such determination is based in whole or in part on a finding by the plan sponsor that a principal purpose of any transaction was to evade or avoid liability under subtitle E of title IV of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1381 et seq.), and ``(iii) such transaction occurred at least 5 years before the date of the complete or partial withdrawal, then the special rules under subparagraph (B) shall be used in applying section 4219(c) and section 4221(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1399(c) and 1401(a)) to the employer. ``(B) Special rules.-- ``(i) Determination.--Notwithstanding section 4221(a)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1401(a)(3))-- ``(I) a determination by the plan sponsor under subparagraph (A)(i) shall not be presumed to be correct, and ``(II) the plan sponsor shall have the burden to establish, by a preponderance of the evidence, each and every element of the claim for withdrawal liability. ``(ii) Procedure.--Notwithstanding section 4219(c) and section 4221(d) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1399(c) and 1401(d)), if an employer contests the plan sponsor's determination under subparagraph (A)(i) through an arbitration proceeding pursuant to section 4221(a) of such Act (29 U.S.C. 1401(a)), or through a claim brought in a court of competent jurisdiction, the employer shall not be obligated to make any withdrawal liability payments until a final decision in the arbitration, or in court, upholds the plan sponsor's determination.''. (c) Effective Date.--The amendments made by this section shall apply to any employer that receives a notification under section 4219(b)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1399(b)(1)) after October 31, 2003.

Multiemployer Pension Plan Procedural Fairness Act of 2003 - Amends Internal Revenue Code provisions concerning the common control rules for multiemployer pension plans to establish special rules with respect to any transaction made to evade or avoid liability, and made five years or more before the date of the complete or partial withdrawal, under the employer withdrawal provisions of the Employee Retirement Income Security Act.

{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide procedural fairness in the application of the controlled group provisions to employers who contribute to multiemployer pension plans and who engage in bona fide corporate transactions."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dry Cask Storage Act of 2014''. SEC. 2. EMERGENCY PLANNING ZONES; DRY CASK STORAGE OF SPENT NUCLEAR FUEL. (a) In General.--Title I of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10121 et seq.) is amended by adding at the end the following: ``Subtitle I--Emergency Planning Zones; Dry Cask Storage of Spent Nuclear Fuel ``SEC. 185. DEFINITIONS. ``In this subtitle: ``(1) Emergency planning zone.--The term `emergency planning zone' means the emergency planning zone that is delineated with respect to the plume exposure pathway (as defined in section 350.2 of title 44, Code of Federal Regulations (or any successor regulation)) of a civilian nuclear power reactor. ``(2) Licensee.--The term `licensee' has the meaning given the term in section 50.2 of title 10, Code of Federal Regulations (or any successor regulation). ``(3) Spent nuclear fuel dry cask.--The term `spent nuclear fuel dry cask' means a container (including any components and systems associated with the container) in which spent nuclear fuel is stored at an independent spent fuel storage facility-- ``(A) that is-- ``(i) licensed by the Commission; and ``(ii) located at a civilian nuclear power reactor site; and ``(B) the design of which-- ``(i) includes a realistic security, seismic, and flooding design basis, as determined by the Commission; and ``(ii) is approved by the Commission. ``SEC. 186. PLAN FOR DRY CASK STORAGE OF SPENT NUCLEAR FUEL. ``(a) In General.--Not later than 180 days after the date of enactment of this section, each licensee shall submit to the Commission a plan that provides for-- ``(1) by the deadline specified in subsection (b), the transfer to spent nuclear fuel dry casks of any spent nuclear fuel that is-- ``(A) stored by the licensee in spent nuclear fuel pools; and ``(B) qualified to be placed in spent nuclear fuel dry casks, in accordance with subsection (d); ``(2) on completion of the transfer under paragraph (1), the additional transfer, on an ongoing basis, of any additional spent nuclear fuel that is stored by the licensee in spent nuclear fuel pools and that, after the date of the transfer under paragraph (1), is determined to be qualified to be placed in spent nuclear fuel dry casks, in accordance with subsection (d), subject to the requirement that each additional transfer shall be completed by the date that is 1 year after the date on which the applicable spent nuclear fuel is determined to be qualified to be placed in spent nuclear fuel dry casks, in accordance with that subsection; and ``(3) the configuration of the remaining spent nuclear fuel in the spent nuclear fuel pool in a manner that minimizes the chance of a fire if there is a loss of water in the spent nuclear fuel pool. ``(b) Deadline for Transfer.--The deadline for transfer referred to in subsection (a)(1) is not later than the date that is 7 years after the date of submission of the plan. ``(c) Approval or Disapproval by Commission.-- ``(1) In general.--Not later than 90 days after the date on which a plan is submitted under subsection (a), the Commission shall approve or disapprove the plan. ``(2) Action following disapproval.--If the Commission disapproves a plan under paragraph (1), the Commission shall-- ``(A) advise the licensee in writing of the reasons for the disapproval; ``(B) make recommendations for revisions to the plan, which shall be submitted to the Commission by the date that is 30 days after the date on which the Commission provides notice of the disapproval under subparagraph (A); and ``(C) not later than 30 days after the date of receipt of a revised plan under subparagraph (B), approve or disapprove the revised plan. ``(d) Qualification for Placement in Spent Nuclear Fuel Dry Casks.-- ``(1) In general.--Except as provided in paragraph (2), spent nuclear fuel shall be considered to be qualified to be placed in spent nuclear fuel dry casks under this section if the spent nuclear fuel has been stored in spent nuclear fuel pools for a period of at least 7 years. ``(2) Exception.--Notwithstanding paragraph (1), spent nuclear fuel shall not be considered to be qualified to be placed in spent nuclear fuel dry casks under this section if there does not exist an approved spent nuclear fuel dry cask in which the spent nuclear fuel may be placed. ``(e) Grants.-- ``(1) In general.--Subject to paragraph (3), the Commission may provide to any licensee that has a plan approved under subsection (c) a grant to assist in the cost of transferring spent nuclear fuel to spent nuclear fuel dry casks under the approved plan. ``(2) Preference.--In providing grants under paragraph (1), the Commission shall give preference to funding the implementation of approved plans-- ``(A) at civilian nuclear power reactors at which the spent nuclear fuel pools are close to being filled to capacity; ``(B) that are supported by the State or unit of local government in which the civilian nuclear power reactor is located; and ``(C) at civilian nuclear power reactors that have permanently ceased operations. ``(3) Limitation.--No grants may be provided under paragraph (1) to a licensee that the Commission determines is not in compliance with the approved plan, in accordance with subsection (f). ``(f) Biennial Review.--Beginning on the date that is 2 years after the date on which a plan is approved under subsection (c) and every 2 years thereafter, the Commission shall conduct a review to determine whether the licensee is in compliance with the approved plan. ``SEC. 187. EXPANSION AND APPLICABILITY OF EMERGENCY PLANNING ZONE. ``(a) In General.--The emergency planning zone that is applicable to each civilian nuclear power reactor shall be at least 10 miles in radius until the date on which all spent nuclear fuel at the civilian nuclear power reactor has been transferred to spent nuclear fuel dry casks. ``(b) Expansion of Emergency Planning Zone.-- ``(1) In general.--Except as provided in paragraph (2) and subject to paragraph (3), by the date that is 18 months after the date of enactment of this section, the Commission shall expand the emergency planning zone that is applicable to each civilian nuclear power reactor to 50 miles in radius. ``(2) Exception.--Paragraph (1) shall not apply to any civilian nuclear power reactor that is in compliance with a plan approved by the Commission under section 186(c), as determined by the Commission under section 186(f). ``(3) Payment of costs.--The licensee shall be responsible for all costs associated with the expansion of the applicable emergency planning zone under paragraph (1).''. (b) Use of Interest.--Section 302(e) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(e)) is amended by adding at the end the following: ``(7) Use of interest.--Annually, the Secretary of the Treasury shall transfer to the Commission an amount equal to at least 10 percent of the amount of interest generated during the preceding fiscal year under paragraph (3) for use, without further appropriation or fiscal year limitation, to pay the costs of carrying out section 186(e).''.

Dry Cask Storage Act of 2014 - Amends the Nuclear Waste Policy Act of 1982 to require each licensee of the Nuclear Regulatory Commission (NRC) to submit a plan for: (1) transfer (including on-going additional transfers) to spent nuclear fuel dry casks of any spent nuclear fuel stored by the licensee for at least seven years in spent nuclear fuel pools, and (2) configuration of the remaining spent nuclear fuel in the pool in a manner that minimizes the chance of a fire if there is a loss of water in the pool. Requires the NRC to approve or disapprove the plan within 90 days after its submission. Authorizes the NRC to make a grant to any licensee with an approved plan to assist in the cost of transferring spent nuclear fuel to dry casks under the plan. Requires the emergency planning zone applicable to each civilian nuclear power reactor to be at least 10 miles in radius until all spent nuclear fuel at the reactor has been transferred to dry casks. Directs the NRC to expand to 50 miles in radius the emergency planning zone applicable to each reactor not in compliance with an approved plan. Makes the licensee responsible for all coasts associated with expansion. Requires the Secretary of the Treasury to transfer annually to the NRC, to pay the costs of the grants program, 10% of the interest generated during the preceding fiscal year from investments of the Nuclear Waste Fund.

{"src": "billsum_train", "title": "Dry Cask Storage Act of 2014"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Combat Stress Healthcare Improvement Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) More than 1.6 million members of the Armed Forces have been deployed in Afghanistan or Iraq for Operation Enduring Freedom and Operation Iraqi Freedom. (2) The 2008 RAND Corporation report entitled ``Invisible Wounds of War'' stated that ``With the possibility of more than 300,000 new cases of mental health conditions among OEF/OIF veterans, a commensurate increase in treatment capacity is needed.''. (3) Combat stress refers to the expected and predictable emotional, intellectual, physical, or behavioral reactions of members of the Armed Forces who have been exposed to stressful events in war or other military operations, and combat stress is often associated with post-traumatic stress disorder, anxiety, depression, alcohol or drug abuse, and readjustment difficulties. (4) Approximately 18.5 percent of the members of the Armed Forces who have served in Afghanistan or Iraq are believed to be suffering from post-traumatic stress disorder or depression, and the rate of suicide among veterans suffering from post- traumatic stress disorder is a serious problem. (5) Approximately 19.5 percent of the members of the Armed Forces who have served in Afghanistan or Iraq report that they experienced a traumatic brain injury during their deployment. (6) It is estimated that only half of the veterans who need treatment for post-traumatic stress disorder or traumatic brain injury actually seek treatment, and, of the veterans who receive treatment, only slightly more than half receive minimally adequate or better care. (7) The Department of Veterans Affairs must be prepared to provide lifetime care for veterans who were severely wounded physically or psychologically in combat operations in Afghanistan and Iraq. (8) The inadequate number of licensed mental health professionals trained to treat combat stress may have a negative long-term impact on the quality of mental health care for veterans. (9) There are many challenges surrounding the hiring and retention of trained mental health providers by the Department of Veterans Affairs. (10) The Health Professionals Educational Assistance Program under chapter 76 of title 38, United States Code, contains a number of scholarship, tuition reimbursement, and education debt reduction programs that need to be better utilized by the Department of Veterans Affairs to relieve the shortage in the number of licensed mental health professionals employed by the Department who have received specialized training in the treatment of combat stress. SEC. 3. USE OF HEALTH PROFESSIONALS EDUCATIONAL ASSISTANCE PROGRAM TO INCREASE NUMBER OF LICENSED MENTAL HEALTH PROFESSIONALS EMPLOYED BY THE DEPARTMENT OF VETERANS AFFAIRS TRAINED TO TREAT COMBAT STRESS. (a) In General.--Section 7603 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(e)(1) The purpose of this subsection is to establish a means to increase the number of licensed mental health professionals employed by the Department of Veterans Affairs who have the specialized training necessary to treat combat stress by providing a selection priority under the following components of the Educational Assistance Program: ``(A) The scholarship program provided for in subchapter II of this chapter. ``(B) The tuition reimbursement program provided for in subchapter III of this chapter. ``(C) The Selected Reserve member stipend program provided for under subchapter V of this chapter. ``(D) The employee incentive scholarship program provided for in subchapter VI of this chapter. ``(E) The education debt reduction program provided for in subchapter VII of this chapter. ``(2) In addition to the priority given under subsection (d) in selecting applicants for acceptance in the Educational Assistance Program under subchapter II, III, V, or VI of this chapter, the Secretary shall give priority to the application of an individual who-- ``(A) is otherwise eligible to receive assistance under the applicable subchapter; and ``(B) is accepted for enrollment, or is enrolled, as a student at a qualifying educational institution in a course of education or training that is approved by the Secretary and-- ``(i) leads to a degree as a licensed mental health professional with specialized training in the treatment of combat stress; or ``(ii) in the case of an individual who is already a licensed mental health professional, provides specialized training in the field of combat stress. ``(3) In addition to the priority given under subsection (d) in selecting applicants for acceptance in the Educational Assistance Program under subchapter VII of this chapter, the Secretary shall give priority to the application of an individual who-- ``(A) is otherwise eligible to receive assistance under such subchapter; ``(B) has completed a degree qualifying the individual as a licensed mental health professional; ``(C) is an employee of the Department who serves in a position related to the treatment of combat stress; and ``(D) owes any amount of principal or interest under a loan used by that individual to pay costs directly relating to earning the degree as a licensed mental health professional. ``(4) The Secretary shall make available to personnel of the Department and to educational institutions offering courses in mental health such materials as the Secretary considers appropriate to provide information on the Educational Assistance Program priorities available under this subsection and shall encourage educational institutions to disseminate the materials to students. ``(5) The priority required by paragraphs (2) and (3) shall apply until such time as the Secretary certifies to Congress that the shortage no longer exists in the number of licensed mental health professionals employed by the Department of Veterans Affairs who have specialized training in the treatment of combat stress. ``(6) Not later than 60 days after the date of the enactment of the Veterans Combat Stress Healthcare Improvement Act, the Secretary shall issue guidelines for the identification of educational programs that are qualified to provide specialized training in the treatment of combat stress. ``(7) In this subsection: ``(A) The term `licensed mental health professional' includes individuals certified as a social worker, psychologist, psychiatrist, or in such other disciplines as the Secretary determines to be appropriate for purposes of this subsection. ``(B) The term `combat stress' refers to the expected and predictable emotional, intellectual, physical, or behavioral reactions of veterans who have been exposed to stressful events in war or other military operations, and combat stress is often associated with post-traumatic stress disorder, anxiety, depression, alcohol or drug abuse, and readjustment difficulties. ``(8) There is authorized to be appropriated to the Secretary $15,000,000 for each of fiscal years 2009 through 2011 to carry out this subsection.''. (b) Rule of Construction.--Nothing in the amendment made by subsection (a) is intended to limit or define the diagnosis or treatment of veterans' medical conditions. (c) Reauthorization of Expired Scholarship Program.--Section 7618 of title 38, United States Code, is amended by striking ``1998'' and inserting ``2011''.

Veterans Combat Stress Healthcare Improvement Act - Revises the veterans' health professionals educational assistance program to provide a selection priority under various program components for those seeking to obtain the specialized training necessary to treat combat stress. Provides a similar priority for individuals who have completed the degree requirements necessary for qualification as a licensed mental health professional, are employees of the Department of Veterans Affairs (VA) in positions related to the treatment of combat stress, and owe any principal or interest on loans used to pay costs related to earning the degree. Reauthorizes the program's scholarship program for FY2009-FY2011.

{"src": "billsum_train", "title": "To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to use the Health Professionals Educational Assistance Program of the Department of Veterans Affairs to increase the number of licensed mental health professionals in the Department of Veterans Affairs available to assist veterans suffering from the effects of combat stress, and for other purposes."}

SECTION 1. NONMAILABILITY OF CERTAIN TOBACCO PRODUCTS. (a) In General.--Chapter 30 of title 39, United States Code, is amended by inserting after section 3002a the following: ``Sec. 3002b. Nonmailability of certain tobacco products ``(a) In General.--Except as provided in subsections (g) and (h), cigarettes, smokeless tobacco, and roll-your-own-tobacco-- ``(1) are nonmailable matter; ``(2) shall not be-- ``(A) deposited in the mails; or ``(B) carried or delivered through the mails; and ``(3) shall be disposed of as the Postal Service directs. ``(b) Civil Penalty.-- ``(1) In general.--Any person who violates subsection (a)(2)(A) shall be liable to the United States for a civil penalty in an amount not to exceed $100,000 for each violation. ``(2) Hearings.-- ``(A) In general.--The Postal Service may determine that a person has violated subsection (a)(2)(A) only after notice and an opportunity for a hearing. Proceedings under this paragraph shall be conducted in accordance with section 3001(m). ``(B) Penalty considerations.--In determining the amount of a civil penalty under this paragraph, the Postal Service shall consider-- ``(i) the nature, circumstances, extent, and gravity of the violation; ``(ii) with respect to the violator, the degree of culpability, ability to pay, and any history of prior violations; and ``(iii) such other matters as justice may require. ``(3) Civil actions.--The Postal Service may bring a civil action in an appropriate district court of the United States, in accordance with section 409(g)(2), to enjoin violations of subsection (a)(2)(A), to collect a civil penalty under this section, or to seek such other relief with respect to violations of subsection (a)(2)(A) as the court may deem appropriate. ``(4) Disposition of amounts.--Amounts received in payment of any civil penalties under this subsection shall be deposited as miscellaneous receipts in the Treasury of the United States. ``(c) Orders.--Upon evidence satisfactory to the Postal Service that any person is engaged in the sending of mail matter which is nonmailable under this section, the Postal Service may issue an order which-- ``(1) directs any postmaster, to whom any mailing originating with such person or his representative is tendered for transmission through the mails (other than a mailing that consists only of one or more sealed letters), to refuse to accept any such mailing, unless such person or his representative first establishes to the satisfaction of the postmaster that the mailing does not contain any matter which is nonmailable under this section; and ``(2) requires the person or his representative to cease and desist from mailing any mail matter which is nonmailable under this section. ``(d) Prima Facie Evidence.--For the purposes of this section, prima facie evidence that a person is engaged in the mailing of matter which is nonmailable under this section may include a statement on a publicly available website, or an advertisement, by any person that such person will mail matter which is nonmailable under this section in return for payment or other consideration. ``(e) Coordination of Efforts.--In the enforcement of this section, the Postal Service shall cooperate with, and coordinate its efforts with related activities of, any other Federal agency or any State or local government, whenever appropriate. ``(f) Actions by States Relating to Certain Tobacco Products.-- ``(1) Authority of states.--Whenever the attorney general of a State has reason to believe that any person has engaged or is engaging in mailings to residents of that State in violation of subsection (a)(2)(A), the State may bring, in an appropriate district court of the United States, a civil action-- ``(A) to enjoin such mailings; ``(B) to carry out paragraphs (1) and (4) of subsection (b) with respect to such mailings; or ``(C) to carry out subparagraphs (A) and (B). In the course of any such action, the State may seek damages equal to the amount of any unpaid taxes on tobacco products mailed in violation of subsection (a)(2)(A) to residents of the State and such other relief as the court may deem appropriate. ``(2) Rights of the postal service.--The State shall serve prior written notice of any action under paragraph (1) upon the Postal Service and provide the Postal Service with a copy of its complaint, except in any case in which such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. The Postal Service, in accordance with section 409(g)(2), shall have the right (A) to intervene in the action, (B) upon so intervening, to be heard on all matters arising therein, and (C) to file petitions for appeal. ``(3) Effect on state court proceedings.--Nothing contained in this section shall be considered to prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any general civil or criminal statute of such State. ``(4) Limitation.--Whenever the Postal Service institutes a civil action under subsection (a)(3) for a violation of subsection (a)(2)(A), no State may, during the pendency of such action, institute a separate civil action for any violation of subsection (a)(2)(A) against any defendant named in the Postal Service's complaint. ``(g) Mailings Between Legal Tobacco Industry Businesses and Government Agencies.-- ``(1) In general.--Tobacco products otherwise made nonmailable by subsection (a) may, beginning on the effective date of regulations prescribed under paragraph (2), be mailed-- ``(A) for business purposes between businesses that-- ``(i) have all government licenses or permits that are required in order to do business; and ``(ii) are engaged in tobacco product manufacturing, distribution, wholesale, export, import, testing, investigation, or research; or ``(B) for regulatory purposes between any business described in subparagraph (A) and any government agency. ``(2) Regulations.--The Postal Service may prescribe regulations governing mailings under this subsection, including regulations to carry out the following: ``(A) The Postal Service shall verify that any person depositing any otherwise nonmailable tobacco product into the mails under this subsection is a business or government agency permitted to make such mailing under this subsection. ``(B) The Postal Service shall ensure that any recipient of any otherwise nonmailable tobacco product sent through the mails under this subsection is a business or government agency permitted to receive such mailing under this subsection. ``(C) The mailing shall be sent using a method that provides for the tracking and confirmation of delivery. ``(D) The identity of the business or government agency from which the mailing is sent, and the identity of the business or government agency to which the mailing is sent, shall be clearly set forth on the envelope or outside cover or wrapper in which such mailing is sent, and all of that information shall, for a period of at least 3 years from the date of the mailing, be kept in Postal Service records and made available to persons enforcing subsection (a)(2)(A). ``(E) The mailing shall be marked with a Postal Service label or marking that makes it clear that such mailing-- ``(i) is a permissible mailing of otherwise nonmailable tobacco products; and ``(ii) may be delivered only to a business described in paragraph (1)(A) or a government employee or entity. ``(F) The mailing shall be delivered only to a verified employee or agent of the recipient business or government agency, who-- ``(i) has been duly authorized to accept such mailing; and ``(ii) shall be required to sign for the mailing. ``(3) Rule of construction.--Nothing in this subsection shall be considered to subject a government agency or any government employee or agent to any penalty or other restriction in connection with any mailing made by such employee or agent, acting within the scope of his employment or agency. ``(h) Mailings Between Individuals.-- ``(1) In general.--Tobacco products otherwise made nonmailable by subsection (a) may be mailed between individuals (other than in any of the circumstances to which subsection (g) applies), for non-moneymaking purposes, beginning on the effective date of regulations prescribed under paragraph (2). ``(2) Regulations.--The Postal Service may prescribe regulations establishing the standards and requirements which shall govern all mailings under this subsection, including regulations to carry out the following: ``(A) The Postal Service shall verify that the person depositing the otherwise nonmailable tobacco product into the mails is properly identified on the return address of the mailing. ``(B) The Postal Service shall require the person depositing the otherwise nonmailable tobacco product into the mails to affirm that the recipient is an individual who is of legal age to purchase tobacco products. ``(C) The Postal Service shall require the person depositing the otherwise nonmailable tobacco product into the mails to affirm that the product is not being sent for moneymaking purposes. ``(D) The mailing shall weigh not more than 10 ounces. ``(E) The mailing shall be sent using a method that provides for the tracking and confirmation of delivery. ``(F) The Postal Service shall deliver the mailing only to the verified recipient (as described in subparagraph (B)) at the recipient's address, including an Air/Army Postal Office (APO) or Fleet Postal Office (FPO) address. ``(i) Definitions.--For purposes of this section-- ``(1) the terms `cigarette' and `roll-your-own-tobacco' have the meanings given them by section 5702 of the Internal Revenue Code of 1986; ``(2) the term `smokeless tobacco' has the meaning given such term by section 2341 of title 18; and ``(3) the term `State' includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands.''. (b) Administrative Subpoenas.--Section 3016(a) of title 39, United States Code, is amended in paragraphs (1)(A) and (2) by inserting ``3002b or'' before ``3005(a)''. (c) Enforcement of Postal Service Orders.--Section 3012 of title 39, United States Code, is amended-- (1) in subsection (b), by striking ``or (d)'' each place it appears and inserting ``(d), or (e)''; (2) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (3) by inserting after subsection (d) the following: ``(e) Any person who fails to comply with an order issued under section 3002b(c)(2) shall be liable to the United States for a civil penalty-- ``(1) not to exceed $10,000 for each mailing of fewer than 10 pieces; ``(2) not to exceed $50,000 for each mailing of 10 to 50 pieces; and ``(3) not to exceed $100,000 for each mailing of more than 50 pieces.''; and (4) in subsection (g) (as so redesignated by paragraph (2)), by inserting ``3002b(c)(2) or'' before ``3005'' each place it appears. (d) Semiannual Reports.--Section 3013 of title 39, United States Code, is amended-- (1) in paragraph (1), by inserting ``3002b(b) or'' before ``3005''; (2) in paragraph (2), by inserting ``3002b(c) or'' before ``3005(e)''; and (3) in paragraph (3), by striking ``section 3007 of this title'' and inserting ``section 3002b(c) or section 3007, respectively,''. (e) Clerical Amendment.--The table of sections for chapter 30 of title 39, United States Code, is amended by inserting after the item relating to section 3002a the following: ``3002b. Nonmailability of certain tobacco products.''. (f) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the 60th day after the date of the enactment of this Act, and shall apply with respect to any mail matter mailed on or after such 60th day. (2) Semiannual reports.--The amendments made by subsection (d) shall apply beginning with the report submitted for the reporting period in which occurs the 60th day after the date of the enactment of this Act. SEC. 2. TECHNICAL CORRECTION. (a) In General.--Sections 3007(a)(1), 3012(b)(1), and 3018(f)(1) of title 39, United States Code, are amended by striking ``409(d)'' and inserting ``409(g)(2)''. (b) Effective Date.--The amendments made by subsection (a) shall take effect as if included in the enactment of the Postal Accountability and Enhancement Act (Public Law 109-435).

Makes cigarettes, smokeless tobacco, and roll-your-own-tobacco nonmailable. Requires tobacco products attempted to be mailed to be disposed of as the Postal Service directs. Imposes a civil penalty for each mailing violation. Authorizes the Postal Service, on evidence satisfactory to the Postal Service that any person is engaged in the sending of such matter, to: (1) refuse to accept any mailing from that person or his representative unless the person or his representative establishes to the satisfaction of the postmaster that the mailing does not contain such matter; and (2) order the person to cease and desist from mailing such matter. Authorizes civil actions by states to: (1) enjoin mailings to residents of that state; and (2) obtain damages. Exempts from the prohibition the mailing of tobacco products: (1) for business purposes between businesses engaged in tobacco product manufacturing, distribution, wholesale, export, import, testing, investigation, or research; (2) for regulatory purposes between any such business and any government agency; or (3) for non-moneymaking purposes between individuals.

{"src": "billsum_train", "title": "To amend title 39, United States Code, to make cigarettes and certain other tobacco products nonmailable, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Head Start Accountability Act of 2005''. SEC. 2. FINANCIAL ASSISTANCE FOR HEAD START PROGRAMS. Section 638 of the Head Start Act (42 U.S.C. 9833) is amended by inserting ``for a period of 5 years'' after ``provide financial assistance to such agency''. SEC. 3. DESIGNATION OF HEAD START AGENCIES. Subsections (a), (b), and (c) of section 641 of the Head Start Act (42 U.S.C. 9836) are amended to read as follows: ``(a) Designation.-- ``(1) In general.--The Secretary is authorized to designate as a Head Start agency any local public or private nonprofit or for-profit agency, within a community, including a community- based organization, that-- ``(A) has power and authority to carry out the purpose of this subchapter and perform the functions set forth in section 642 within such community; and ``(B) is determined by the Secretary (in consultation with the chief executive officer of the State involved, if the State expends non-Federal funds to carry out Head Start programs) to be capable of planning, conducting, administering, and evaluating, either directly or by other arrangements, a Head Start program. ``(2) Required goals for designation.--In order to be eligible for designation as a Head Start agency, an entity described in paragraph (1) shall establish program goals for continuous improvement in all areas of program operations (including early childhood development and health services), program design and management, and family and community partnerships. ``(3) Eligibility for subsequent designation.--In order to be eligible for designation as a Head Start agency subsequent to the initial designation made by the Secretary after the effective date of the Head Start Accountability Act of 2005, a Head Start agency shall demonstrate that such agency has met or is making progress toward meeting such goals. ``(4) Local oversight board.--In order to be eligible for designation as a Head Start agency, an entity described in paragraph (1) shall establish a local oversight board that-- ``(A) is composed of volunteer individuals who include (but are not limited to) a Head Start parent, a representative of a school board, a child development expert, a member of the business community, and other volunteer individuals who are residents of the community, including individuals who have an understanding of the general principles of accounting, law, business administration, and management; ``(B) operates as a unit independent of staff employed by such agency; ``(C) actively participates in the development, strategic planning, implementation, and evaluation of the Head Start program for which it is established; ``(D) provides oversight of such program to ensure that such Head Start agency is delivering high quality services to children and families in compliance with all applicable standards in effect under this subchapter and with the applicable performance measures established by the Secretary under section 644; ``(E) takes no action that may provide (and takes appropriate action to prevent providing) any direct or indirect financial benefit to any member of such board or to any member of the staff of such agency; ``(F) reviews and approves annually the operating budget of such program; ``(G) reviews and approves the bylaws applicable to such program; ``(H) reviews annually the human resources (including administrative and management staff) available to carry out such program and makes recommendations regarding such resources to ensure the effective operation of such program; and ``(I) monitors staff implementation of any corrective action necessary to comply with applicable laws (including regulations) governing financial statements and with all requirements applicable under this subchapter. ``(b) Communities.--For purposes of this subchapter, a community may be a city, county, or multicity or multicounty unit within a State, an Indian reservation (including Indians in any off-reservation area designated by an appropriate tribal government in consultation with the Secretary), or a neighborhood or other area (irrespective of boundaries or political subdivisions) that provides a suitable organizational base and that possesses the commonality of interest needed to operate a Head Start program. ``(c) Priority in Designation.--In administering the provisions of this section, the Secretary shall, in consultation with the chief executive officer of the State involved, give priority in the designation (including a subsequent designation) of Head Start agencies to any high-performing Head Start agency or delegate agency that-- ``(1) is receiving assistance under this subchapter; ``(2) meets or exceeds program and financial management requirements, standards described in section 641A(a)(1), and other requirements established by the Secretary; ``(3) has no unresolved programmatic deficiencies or areas of noncompliance, and has not had findings of deficiencies during the then most recent triennial review conducted under section 641A(c); and ``(4) has taken the actions required by the Secretary under section 647(c) to correct deficiencies.''. SEC. 4. QUALITY STANDARDS; MONITORING OF HEAD START AGENCIES AND PROGRAMS. (a) Quality Standards.--Section 641A(a) of the Head Start Act (42 U.S.C. 9836a(a)) is amended-- (1) in paragraph (1) by amending subparagraph (C) to read as follows: ``(C) administrative and financial management standards, including internal controls necessary to safeguard Federal funds;'', and (2) by adding at the end the following: ``(4) Evaluations and corrective actions for delegate agencies.-- ``(A) Procedures.--Each Head Start agency shall establish procedures relating to its delegate agencies, including-- ``(i) procedures for evaluating delegate agencies; ``(ii) procedures for terminating financial assistance otherwise provided to delegate agencies; and ``(iii) procedures for appealing a financial assistance termination decision relating to a delegate agency. ``(B) Evaluations.--Each Head Start agency-- ``(i) shall evaluate its delegate agencies using the procedures established pursuant to this section; and ``(ii) shall inform such delegate agencies of the deficiencies identified through the evaluation that are required to be corrected. ``(C) Remedies to ensure corrective actions.--If a Head Start agency identifies a deficiency for a delegate agency through the evaluation, such Head Start agency may-- ``(i) initiate procedures to terminate the designation of such delegate agency unless such delegate agency corrects the deficiency; ``(ii) conduct monitoring visits, as needed and without notice, to such delegate agency until either such deficiency is corrected or such Head Start agency terminates the financial assistance otherwise provided to such delegate agency; and ``(iii) release funds to such delegate agency only as reimbursements until either such deficiency is corrected by such delegate agency or such Head Start agency terminates financial assistance otherwise provided such delegate agency. ``(D) Rule of construction.--Nothing in this paragraph shall be construed to modify or supersede the responsibilities of the Secretary with respect to Head Start agencies or delegate agencies that receive financial assistance under this subchapter.''. (b) Corrective Action; Termination.--Section 641A(d) of the Head Start Act (42 U.S.C. 9836a(d)) is amended-- (1) in paragraph (1)(B)(ii)-- (A) by striking ``90'' and inserting ``60'', and (B) by striking ``90-day'' and inserting ``60- day'', and (2) in paragraph (2)-- (A) in subparagraph (A) by striking ``90-day'' and inserting ``60-day'', and (B) by amending subparagraph (B) to read as follows: ``(B) Secretarial responsibility.--The Secretary shall-- ``(i) not later than 30 days after receiving from a Head Start agency a proposed quality improvement plan for corrective action pursuant to subparagraph (A), either approve such plan or specify the reasons why such plan cannot be approved; and ``(ii) not later than 60 days after approving a quality improvement plan under this subparagraph, conduct an on-site review to certify that all deficiencies of such Head Start agency, and of all Head Start programs operated by such Head Start agency, have been corrected in accordance with the standards established under this subchapter and with the results-based performance measures developed by the Secretary under subsection (b).''. SEC. 5. APPEALS, NOTICE, AND HEARING. (a) Procedures.--Paragraphs (2) and (3) of section 646(a) of the Head Start Act (42 U.S.C. 9841(a)) are amended to read as follows: ``(2) except in emergency situations, a recipient of financial assistance under this subchapter shall receive written notice not less than 30 days before such assistance is suspended, terminated, or reduced; ``(3) such recipient shall be provided an opportunity for full and fair hearing, including an opportunity to show cause why the action described in such notice should not be taken; and''. (b) Limitation on Use of Funds.--Section 646 of the Head Start Act (42 U.S.C. 9841) is amended by adding at the end the following: ``(f) A recipient of financial assistance under this subchapter may not use such assistance for the purpose of appealing any decision made by the Secretary under this subchapter.''. SEC. 6. AUDITS. Section 647 of the Head Start Act (42 U.S.C. 9842) is amended by adding at the end the following: ``(c)(1) Not later that 60 days after the end of each fiscal year, each Head Start agency shall submit to the Secretary an independent financial audit of the Head Start program carried out with financial assistance provided under this subchapter. Such audit shall be carried out by a certified public accountant selected through a competitive process from among qualified certified accountants by the local oversight board established in accordance with section 641(a) by such agency, except that no accountant may perform audits of such program for a period exceeding 2 consecutive fiscal years. ``(2) Not later than 60 days after receiving such audit, the Secretary shall provide to such agency, and to the chief executive officer of the State in which such program is operated, a notice identifying the actions such agency is required to take to correct all deficiencies identified in such audit. ``(d) Each recipient of financial assistance under this subchapter shall-- ``(1) maintain, and annually submit to the Secretary, a complete accounting of its administrative expenses (including a detailed statement identifying the amount of financial assistance provided under this subchapter used to pay expenses for salaries and compensation and the amount (if any) of other funds used to pay such expenses); and ``(2) provide such additional documentation as the Secretary may require.''. SEC. 7. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the 1st day of the 1st fiscal year beginning after the date of the enactment of this Act.

Head Start Accountability Act of 2005 - Amends the Head Start Act to require additional accountability measures for Head Start agencies, including: (1) agency designation period limits; (2) redesignation priorities; (3) local oversight boards; (4) administrative and financial management standards; (5) delegate agency evaluations and corrective actions; (6) shorter deadlines for agency corrective actions; (7) revised notice and hearing procedures for assistance suspensions, terminations, or reductions; and (8) annual audits. Prohibits recipients from using Head Start assistance to appeal any decision of the Secretary of Health and Human Services under the Act.

{"src": "billsum_train", "title": "To amend the Head Start Act to provide greater accountability for Head Start agencies."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Developing Innovation and Growing the Internet of Things Act'' or ``DIGIT Act''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds that-- (1) the Internet of Things refers to the growing number of connected and interconnected devices; (2) estimates indicate that more than 50,000,000,000 devices will be connected to the Internet by 2020; (3) the Internet of Things has the potential to generate trillions of dollars in new economic activity around the world; (4) businesses across the United States can develop new services and products, improve operations, simplify logistics, cut costs, and pass savings on to consumers by utilizing the Internet of Things and related innovations; (5) the United States leads the world in the development of technologies that support the Internet and the United States technology sector is well-positioned to lead in the development of technologies for the Internet of Things; (6) the United States Government can implement this technology to better deliver services to the public; and (7) the Senate unanimously passed Senate Resolution 110, 114th Congress, agreed to March 24, 2015, calling for a national strategy for the development of the Internet of Things. (b) Sense of Congress.--It is the sense of Congress that policies governing the Internet of Things should maximize the potential and development of the Internet of Things to benefit all stakeholders, including businesses, governments, and consumers. SEC. 3. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Communications Commission. (2) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (3) Steering committee.--The term ``steering committee'' means the steering committee established under section 4(e)(1). (4) Working group.--The term ``working group'' means the working group convened under section 4(a). SEC. 4. FEDERAL WORKING GROUP. (a) In General.--The Secretary shall convene a working group of Federal stakeholders for the purpose of providing recommendations and a report to Congress relating to the aspects of the Internet of Things described in subsection (b). (b) Duties.--The working group shall-- (1) identify any Federal regulations, statutes, grant practices, budgetary or jurisdictional challenges, and other sector-specific policies that are inhibiting, or could inhibit, the development of the Internet of Things; (2) consider policies or programs that encourage and improve coordination among Federal agencies with jurisdiction over the Internet of Things; (3) consider any findings or recommendations made by the steering committee and, where appropriate, act to implement those recommendations; and (4) examine-- (A) how Federal agencies can benefit from utilizing the Internet of Things; (B) the use of Internet of Things technology by Federal agencies as of the date on which the working group performs the examination; (C) the preparedness and ability of Federal agencies to adopt Internet of Things technology in the future; and (D) any additional security measures that Federal agencies may need to take to-- (i) safely and securely use the Internet of Things, including measures that ensure the security of critical infrastructure; and (ii) enhance the resiliency of Federal systems against cyber threats to the Internet of Things. (c) Agency Representatives.--In convening the working group under subsection (a), the Secretary shall have discretion to appoint representatives and shall specifically consider seeking representation from-- (1) the Department of Commerce, including-- (A) the National Telecommunications and Information Administration; (B) the National Institute of Standards and Technology; and (C) the National Oceanic and Atmospheric Administration; (2) the Department of Transportation; (3) the Department of Homeland Security; (4) the Office of Management and Budget; (5) the National Science Foundation; (6) the Commission; (7) the Federal Trade Commission; (8) the Office of Science and Technology Policy; (9) the Department of Energy; and (10) the Federal Energy Regulatory Commission. (d) Nongovernmental Stakeholders.--The working group shall consult with nongovernmental stakeholders, including-- (1) the steering committee; (2) information and communications technology manufacturers, suppliers, service providers, and vendors; (3) subject matter experts representing industrial sectors other than the technology sector that can benefit from the Internet of Things, including the energy, agriculture, and health care sectors; (4) small, medium, and large businesses; (5) think tanks and academia; (6) nonprofit organizations and consumer groups; (7) rural stakeholders; and (8) other stakeholders with relevant expertise, as determined by the Secretary. (e) Steering Committee.-- (1) Establishment.--There is established within the Department of Commerce a steering committee to advise the working group. (2) Duties.--The steering committee shall advise the working group with respect to-- (A) the identification of any Federal regulations, statutes, grant practices, programs, budgetary or jurisdictional challenges, and other sector-specific policies that are inhibiting, or could inhibit, the development of the Internet of Things; (B) whether adequate spectrum is available to support the growing Internet of Things and what legal or regulatory barriers may exist to providing any spectrum needed in the future; (C) policies or programs that-- (i) promote or are related to the privacy of individuals who use or are affected by the Internet of Things; (ii) may enhance the security of the Internet of Things, including the security of critical infrastructure; (iii) may protect users of the Internet of Things; and (iv) may encourage coordination among Federal agencies with jurisdiction over the Internet of Things; (D) the opportunities and challenges associated with the use of Internet of Things technology by small businesses; and (E) any international proceeding, international negotiation, or other international matter affecting the Internet of Things to which the United States is or should be a party. (3) Membership.--The Secretary shall appoint to the steering committee members representing a wide range of stakeholders outside of the Federal Government with expertise relating to the Internet of Things, including-- (A) information and communications technology manufacturers, suppliers, service providers, and vendors; (B) subject matter experts representing industrial sectors other than the technology sector that can benefit from the Internet of Things, including the energy, agriculture, and health care sectors; (C) small, medium, and large businesses; (D) think tanks and academia; (E) nonprofit organizations and consumer groups; (F) rural stakeholders; and (G) other stakeholders with relevant expertise, as determined by the Secretary. (4) Report.--Not later than 1 year after the date of enactment of this Act, the steering committee shall submit to the working group a report that includes any findings or recommendations of the steering committee. (5) Independent advice.-- (A) In general.--The steering committee shall set the agenda of the steering committee in carrying out the duties of the steering committee under paragraph (2). (B) Suggestions.--The working group may suggest topics or items for the steering committee to study, and the steering committee shall take those suggestions into consideration in carrying out the duties of the steering committee. (C) Report.--The steering committee shall ensure that the report submitted under paragraph (4) is the result of the independent judgment of the steering committee. (6) Termination.--The steering committee shall terminate on the date on which the working group submits the report under subsection (f) unless, on or before that date, the Secretary files a new charter for the steering committee under section 9(c) of the Federal Advisory Committee Act (5 U.S.C. App.). (f) Report to Congress.-- (1) In general.--Not later than 18 months after the date of enactment of this Act, the working group shall submit to Congress a report that includes-- (A) the findings and recommendations of the working group with respect to the duties of the working group under subsection (b); (B) the report submitted by the steering committee under subsection (e)(4), as the report was received by the working group; (C) recommendations for action or reasons for inaction, as applicable, with respect to each recommendation made by the steering committee in the report submitted under subsection (e)(4); and (D) an accounting of any progress made by Federal agencies to implement recommendations made by the working group or the steering committee. (2) Copy of report.--The working group shall submit a copy of the report described in paragraph (1) to-- (A) the Committee on Commerce, Science, and Transportation and the Committee on Energy and Natural Resources of the Senate; (B) the Committee on Energy and Commerce of the House of Representatives; and (C) any other committee of Congress, upon request to the working group. SEC. 5. ASSESSING SPECTRUM NEEDS. (a) In General.--The Commission, in consultation with the National Telecommunications and Information Administration, shall issue a notice of inquiry seeking public comment on the current, as of the date of enactment of this Act, and future spectrum needs of the Internet of Things. (b) Requirements.--In issuing the notice of inquiry under subsection (a), the Commission shall seek comments that consider and evaluate-- (1) whether adequate spectrum is available to support the growing Internet of Things; (2) what regulatory barriers may exist to providing any needed spectrum for the Internet of Things; and (3) what the role of licensed and unlicensed spectrum is and will be in the growth of the Internet of Things. (c) Report.--Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report summarizing the comments submitted in response to the notice of inquiry issued under subsection (a). Passed the Senate August 3, 2017. Attest: JULIE E. ADAMS, Secretary.

Developing Innovation and Growing the Internet of Things Act or the DIGIT Act (Sec. 2) This bill expresses the sense of Congress that policies governing the Internet of Things (IoT) should maximize the potential and development of the growing number of connected and interconnected devices to benefit businesses, governments, and consumers. (Sec. 4) The Department of Commerce must convene a working group of federal stakeholders to provide recommendations and a report to Congress regarding the IoT. The bill establishes a steering committee to be composed of stakeholders outside the federal government to advise the working group. The working group must: (1) identify federal laws and regulations, grant practices, budgetary or jurisdictional challenges, and other sector-specific policies that inhibit IoT development; (2) consider policies or programs that encourage and improve coordination among federal agencies with IoT jurisdiction; (3) implement recommendations from the steering committee; (4) examine how federal agencies can benefit from, use, prepare for, and secure the IoT; and (5) consult with nongovernmental stakeholders. The steering committee must advise the working group about laws, budgets, spectrum needs, individual privacy, security, small business challenges, and any international proceedings or negotiations affecting the IoT. Within 18 months after enactment of this bill, the working group must report its findings and recommendations, its reasons for inaction on steering committee recommendations, and an accounting of any progress by federal agencies to implement recommendations. (Sec. 5) The Federal Communications Commission must: (1) seek public comment on the IoT's spectrum needs, regulatory barriers, and growth with licensed and unlicensed spectrum; and (2) submit a summary of those comments to Congress.

{"src": "billsum_train", "title": "Developing Innovation and Growing the Internet of Things Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Strategy for Combating the Financing of Transnational Criminal Organizations Act''. SEC. 2. NATIONAL STRATEGY. (a) In General.--The President, acting through the Secretary of the Treasury, shall, in consultation with the Attorney General, the Secretary of State, the Secretary of Homeland Security, the Director of National Intelligence, the Secretary of Defense, the Director of the Financial Crimes Enforcement Network, the Director of the United States Secret Service, the Director of the Federal Bureau of Investigation, the Administrator of the Drug Enforcement Administration, the Commissioner of Customs and Border Protection, the Director of the Office of National Drug Control Policy, and the Federal functional regulators, develop a national strategy to combat the financial networks of transnational organized criminals. (b) Transmittal to Congress.-- (1) In general.--Not later than 1 year after the enactment of this Act, the President shall submit to the appropriate Congressional committees and make available to the relevant government agencies as defined in subsection (a), a comprehensive national strategy in accordance with subsection (a). (2) Updates.--After the initial submission of the national strategy under paragraph (1), the President shall, not less often than every 2 years, update the national strategy and submit the updated strategy to the appropriate Congressional committees. (c) Separate Presentation of Classified Material.--Any part of the national strategy that involves information that is properly classified under criteria established by the President shall be submitted to Congress separately in a classified annex and, if requested by the chairman or ranking member of one of the appropriate Congressional committees, as a briefing at an appropriate level of security. SEC. 3. CONTENTS OF NATIONAL STRATEGY. The national strategy described in section 2 shall contain the following: (1) Threats.--An identification and assessment of the most significant current transnational organized crime threats posed to the national security of the United States or to the U.S. and international financial system, including drug and human trafficking organizations, cyber criminals, kleptocrats, and other relevant state and non-state entities, including those threats identified in the President's ``Strategy to Combat Transnational Organized Crime'' (published July 2011). (2) Illicit finance.--(A) An identification of individuals, entities, and networks (including terrorist organizations, if any) that provide financial support or financial facilitation to transnational organized crime groups, and an assessment of the scope and role of those providing financial support to transnational organized crime groups. (B) An assessment of methods by which transnational organized crime groups launder illicit proceeds, including money laundering using real estate and other tangible goods such as art and antiquities, trade-based money laundering, bulk cash smuggling, exploitation of shell companies, and misuse of digital currencies and other cyber technologies, as well as an assessment of the risk to the financial system of the United States of such methods. (3) Goals, objectives, priorities, and actions.--(A) A comprehensive, research-based discussion of short-term and long-term goals, objectives, priorities, and actions, listed for each department and agency described under section 2(a), for combating the financing of transnational organized crime groups and their facilitators. (B) A description of how the strategy is integrated into, and supports, the national security strategy, drug control strategy, and counterterrorism strategy of the United States. (4) Reviews and proposed changes.--A review of current efforts to combat the financing or financial facilitation of transnational organized crime, including efforts to detect, deter, disrupt, and prosecute transnational organized crime groups and their supporters, and, if appropriate, proposed changes to any law or regulation determined to be appropriate to ensure that the United States pursues coordinated and effective efforts within the jurisdiction of the United States, including efforts or actions that are being taken or can be taken by financial institutions, efforts in cooperation with international partners of the United States, and efforts that build partnerships and global capacity to combat transnational organized crime. SEC. 4. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on the Judiciary, the Committee on Homeland Security, and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on Armed Services, the Committee on the Judiciary, the Committee on Homeland Security and Governmental Affairs, and the Select Committee on Intelligence of the Senate. (2) Federal functional regulator.--The term ``Federal functional regulator'' has the meaning given that term in section 509 of the Gramm-Leach-Bliley Act (15 U.S.C. 6809). (3) Transnational organized crime.--The term ``transnational organized crime'' refers to those self- perpetuating associations of individuals who operate transnationally for the purpose of obtaining power, influence, monetary or commercial gains, wholly or in part by illegal means, while-- (A) protecting their activities through a pattern of corruption or violence; or (B) while protecting their illegal activities through a transnational organizational structure and the exploitation of transnational commerce or communication mechanisms. Passed the House of Representatives March 6, 2018. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House on February 13, 2018. National Strategy for Combating the Financing of Transnational Criminal Organizations Act (Sec. 2) This bill directs the Department of the Treasury, in consultation with various U.S. agencies and departments, to develop a national strategy to combat the financial networks of transnational organized criminals. Treasury must submit to Congress and regularly update the national strategy. (Sec. 3) The national strategy must: identify and assess the most significant transnational organized crime threats; identify the individuals, entities, and networks that financially support or facilitate transnational organized criminals and assess the scope of such support; assess the methods by which transnational organized crime groups launder illicit proceeds; describe the roles of U.S. agencies and departments to combat the financing and financial facilitation of transnational organized crime groups; and review current efforts and proposed changes to combat the financing or financial facilitation of transnational organized crime.

{"src": "billsum_train", "title": "National Strategy for Combating the Financing of Transnational Criminal Organizations Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission on Telemedicine Act''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the National Commission on Telemedicine (in this Act referred to as the ``Commission''). SEC. 3. DUTIES. The Commission shall carry out the following duties: (1) Conduct a complete assessment of the use of existing and emerging wired and wireless telecommunications and information systems technologies: (A) in the provision of health care and in the performance of health research-- (i) to transmit, compress, and archive data; and (ii) to perform examinations and procedures, and to conduct consultations, relating to the diagnosis and treatment of illnesses, injuries, and other physical and mental conditions; (B) in the training of students of health professions and the continuing education of practicing health care providers; and (C) in the monitoring of medical conditions by individuals at home. (2) Assess whether such technologies are effective in improving the quality and accessibility of health care and reducing the costs of such care. (3) Identify obstacles that may impede such technologies from being widely used and accepted by health care providers. (4) Develop a model definition of the term ``telemedicine'' that may be used by health care providers, persons that provide payment for health care services, and other participants in the health care system. (5) Establish terms for appropriate reimbursement for such ``telemedicine'' services by public agencies that, and private persons who, provide payments for health care services. SEC. 4. MEMBERSHIP. (a) Size and Composition.--The Commission shall be composed of 37 members appointed in accordance with subsection (b) from individuals who are not officers or employees of any government. The membership shall include the following: (1) A physician specializing in emergency medicine. (2) A representative of the insurance industry who is experienced in reimbursement issues. (3) A representative of the wireless communication and data transfer industry. (4) A representative of the wire and fiber-optic communication and data transfer industry. (5) A biomedical engineer. (6) A representative of the computer technology and data compression industry. (7) Three members of the emergency medical technician, trauma nursing, and physician assistant professions (one member from each such profession). (8) A physician whose practice consists exclusively of providing consultations. (9) A medical school educator. (10) A health care provider who practices in a correctional facility. (11) A rural health care provider. (12) A health care lawyer. (13) A health care administrator. (14) A public health educator. (15) A small businessman involved in the design, manufacture, or sale of telecommunications or information systems hardware used in the provision of health care. (b) Appointment.--Not later than the expiration of the 60-day period beginning on the date of the enactment of this Act, the President, the Speaker of the House of Representatives, and the majority leader of the Senate shall each submit to the Secretary of Commerce a list of individuals recommended for appointment to the Commission. Not later than the expiration of the 90-day period beginning on the date of the enactment of this Act, such Secretary shall appoint the members of the Commission after consulting with the individuals who have submitted the lists. The Commission shall be composed of at least 12 individuals recommended by the President, at least 12 individuals recommended by the Speaker of the House of Representatives, and at least 12 individuals recommended by the majority leader of the Senate. (c) Terms.--Each member shall be appointed for the life of the Commission. (d) Vacancies.--A vacancy in the Commission shall be filled by the Secretary of Commerce, in consultation with the President, the Speaker of the House of Representatives, and the majority leader of the Senate. (e) Compensation.-- (1) Rates of pay.--Members of the Commission shall be paid at a rate fixed by the Secretary of Commerce not to exceed the maximum rate of basic pay payable for GS-15 of the General Schedule. A member of the Commission who is detailed by a private person to serve on the Commission and who continues to receive the member's usual salary and benefits from such person while serving on the Commission shall serve without pay. (2) Travel expenses.--Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (f) Quorum.--19 members of the Commission shall constitute a quorum, but a lesser number may hold hearings, take testimony, or receive evidence. (g) Chairperson.--The chairperson of the Commission shall be designated by the Secretary of Commerce at the time of appointment. (h) Meetings.--The Commission shall meet at the call of the chairperson of the Commission or a majority of its members. SEC. 5. STAFF AND SUPPORT SERVICES. (a) Director.--The Commission shall have a director appointed by the Commission and paid at a rate fixed by the Secretary of Commerce not to exceed the maximum rate of basic pay payable for GS-13 of the General Schedule. (b) Staff.--The Commission may appoint additional personnel as it considers appropriate. Pay for such personnel shall be fixed by the Secretary of Commerce at rates that do not exceed the maximum rate of basic pay payable for GS-11 of the General Schedule. (c) Exception.--A member of the staff of the Commission who is detailed by a public or private person to assist the Commission and who continues to receive the member's usual salary and benefits from such person while assisting the Commission shall not receive pay under subsection (a) or (b). (d) Applicability of Certain Civil Service Laws.--The director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except as provided in subsections (a) and (b). (e) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal agency may detail, on a nonreimbursable basis, any of the personnel of the agency to the Commission to assist it in carrying out its duties under this Act. (f) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals fixed by the Secretary of Commerce not to exceed the daily equivalent of the minimum annual rate of basic pay payable for GS-13 of the General Schedule. (g) Administrative Support Services.--The Secretary of Commerce, acting through the National Telecommunications and Information Administration, shall provide to the Commission on a nonreimbursable basis such administrative support services as are necessary for the Commission to carry out its responsibilities under this Act. SEC. 6. POWERS. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Public Comment.--The Commission shall solicit and consider public comments in the performance of the duties of the Commission. (c) Delegation of Authority.--Any member or agent of the Commission may, if authorized by the Commission, take any action that the Commission is authorized to take by this section. (d) Information.-- (1) In general.--The Commission may secure directly from any Federal agency information necessary to enable it to carry out this Act. Upon request of the Commission, the head of the Federal agency shall furnish the information to the Commission. (2) Exception.--Paragraph (1) shall not apply to any information that the Commission is prohibited to secure or request by another law. (e) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. (f) Contract Authority.--The Commission may contract with and compensate government and private agencies or persons for supplies or services without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). SEC. 7. REPORT. (a) Submission.--Not later than the expiration of the 1-year period beginning on the date of the appointment of the last member of the Commission to be appointed under section 4, the Commission shall submit to the President and the Congress a report containing the findings, conclusions, and recommendations of the Commission. (b) Public Dissemination.--Not later than the expiration of the 30- day period beginning on the date of the submission of the report under subsection (a), the Secretary of Commerce, acting through the National Telecommunications and Information Administration, shall make copies of the report available to the public. (c) Presidential Response.--Not later than the expiration of the 120-day period beginning on the date of the submission of the report under subsection (a), the President shall submit to the Congress a response to the recommendations of the Commission, including, if the President determines it to be appropriate, a plan for implementing 1 or more of such recommendations. SEC. 8. TERMINATION. The Commission shall terminate not later than the expiration of the 60-day period beginning on the date on which the Commission submits its report under section 7. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated, from amounts otherwise appropriated for the National Telecommunications and Information Administration of the Department of Commerce, such sums as may be necessary to carry out this Act. SEC. 10. BUDGET COMPLIANCE. Any spending authority (as defined in subparagraphs (A) and (C) of section 401(c)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 651(c)(2)(A))) authorized by this title shall be effective only to such extent or in such amounts as are provided in appropriation Acts.

National Commission on Telemedicine Act - Establishes the National Commission on Telemedicine to assess the use of existing and emerging wired and wireless telecommunications and information systems technologies in: (1) health care and health research; (2) health professions student training and continuing education; and (3) medical condition monitoring by individuals at home. Requires the Commission to: (1) assess whether the technologies are effective in improving health care quality and accessibility and reducing cost; (2) identify provider use and acceptance obstacles; (3) develop a model definition of "telemedicine"; and (4) establish appropriate telemedicine service reimbursement. Authorizes appropriations from amounts otherwise appropriated for the National Telecommunications and Information Administration of the Department of Commerce.

{"src": "billsum_train", "title": "National Commission on Telemedicine Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Education Opportunity Act''. SEC. 2. PURPOSE. The purpose of this Act is to provide an additional education option in certain States for Native American students served by schools funded by the Bureau of Indian Affairs. SEC. 3. NATIVE AMERICAN EDUCATION OPPORTUNITY PROGRAM. Part B of title XI of the Education Amendments of 1978 (25 U.S.C. 2000 et seq.) is amended-- (1) by redesignating section 1141 as section 1142; and (2) by inserting after section 1140 the following: ``SEC. 1141. BUREAU FUNDING OF STATE-BASED EDUCATION SAVINGS ACCOUNT PROGRAMS. ``(a) Program Authorized.-- ``(1) Bureau reimbursements.--From amounts made available to carry out sections 1127 and 1130, the Secretary shall, for the 2017-2018 school year and each subsequent school year, reimburse a State with an education savings account program for each grant that the State has made to an education savings account for an ESA eligible student for such school year, in accordance with subsection (b). ``(2) Applicability.--This section shall apply with respect to ESA eligible students who have submitted their application for an education savings account program to the State in which the student lives or in which the reservation of the student is located (as the case may be) on or after January 1, 2017. ``(b) Amount of Reimbursements.-- ``(1) Amount.--The amount of the reimbursement made by the Secretary under this subsection for an ESA eligible student participating in an education savings account program for a school year shall be the lesser of-- ``(A) the amount of the grant provided by the State for the education savings account of the ESA eligible student for the applicable school year; and ``(B) 90 percent of the amount that the Secretary would provide to a Bureau-funded school on behalf of such student for the applicable school year under sections 1127 and 1130. ``(2) Notification to states if additional reimbursement is available.--In any case where the reimbursement available for an ESA eligible student for a school year exceeds the amount of the grant provided by the State under the education savings account program, the Secretary shall notify the State of the higher amount of reimbursement that the student could have qualified for under paragraph (1)(B) for such school year. ``(3) Timing of reimbursements.-- ``(A) Notification.--A State that provides an education savings account program grant to an ESA eligible student and desires a reimbursement under this subsection shall submit a request for reimbursement and notify the Secretary that includes the amount of the grant. ``(B) Reimbursement.--Not later than 30 days after the Secretary receives a request for reimbursement under subparagraph (A) from a State, the Secretary will reimburse a State for the grant. ``(4) Return of overpayments.--A State shall return to the Secretary any overpayment made to the State under this section by not later than 30 days after the final determination that the State was overpaid pursuant to this section. ``(c) Affect on Allotments.-- ``(1) In general.--For purposes of any calculation regarding the total number of eligible Indian students under section 1127, the Secretary shall include all ESA eligible students who participate in an education savings account program. ``(2) Availability of remainder.--In any case where the reimbursement provided by the Secretary under subsection (b)(1) is less than the amount that would be provided for the student under subsection (b)(1)(B), the remaining amount shall remain available to the Secretary to be used in accordance with this part. ``(d) Information.--The Secretary shall work with Bureau-funded schools located in each State with an education savings account program to inform all parents of ESA eligible students about the education savings account program of the State and the students' opportunity to participate in the program. ``(e) Rule of Construction.--The reimbursement provided through an education savings account program on behalf of an ESA eligible student under this section shall be considered assistance to the student and shall not be considered assistance to a school that enrolls the eligible student or any other educational service provider from which the eligible student receives services. The amounts provided on behalf of an ESA eligible student under this section shall not be treated as income of the parents for purposes of Federal tax laws or for determining eligibility for any other Federal program. ``(f) Definitions.--In this section: ``(1) ESA eligible student.-- ``(A) In general.--The term `ESA eligible student' means an individual who-- ``(i) is-- ``(I) an elementary school or secondary school student who attended a Bureau-funded school in the semester preceding the date on which the student first applies for an education savings account program; or ``(II) a child who will be eligible to attend a Bureau-funded school for kindergarten or any other elementary school grade in the next semester that will start after the date on which the student first applies for an education savings account program; ``(ii) lives on the reservation of a tribe; ``(iii) will not be attending a Bureau- funded school, or other public elementary school or secondary school, for the school year for which the student is participating in an education savings account program of a State; and ``(iv) meets any eligibility requirements of the State education savings account program in which the student will participate. ``(B) Period of eligibility.--A student who meets the requirements of clause (i) of subparagraph (A) for a school year shall be deemed to meet the requirements of such clause until the date on which the student graduates high school or reaches the age of 21 years, whichever occurs first. ``(2) Education savings account program.--The term `education savings account program' means an educational option offered in a State to families of elementary and secondary school students in which the State provides a grant to an account controlled by a parent from which the parent may purchase goods and services needed for the education of the student. ``(3) Parent.--The term `parent' means a parent, guardian, custodian, or other person-- ``(A) with the authority to act on behalf of an ESA eligible student; and ``(B) who is a resident of the State where the ESA eligible student resides.''.

Native American Education Opportunity Act This bill amends the Education Amendments of 1978 to require the Bureau of Indian Affairs (BIA) to reimburse states for grants made to education savings accounts for eligible students who: (1) attended or will be eligible to attend a BIA-funded school, (2) live on the reservation of a tribe, (3) will not be attending a BIA-funded school or other public elementary or secondary school for the applicable school year, and (4) meet applicable eligibility requirements. From education savings accounts, parents may purchase goods and services related to students' educational needs.

{"src": "billsum_train", "title": "Native American Education Opportunity Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Delivering Antimicrobial Transparency in Animals Act of 2013''. SEC. 2. FINDINGS. The Congress finds the following: (1) Antimicrobials are of critical importance to public health and to the American economy. (2) Use of antimicrobials, whether in human medicine or in agriculture, contributes to the development and spread of antimicrobial resistance. (3) Data from the Food and Drug Administration (FDA) indicate that approximately 80 percent of all antimicrobials sold in the United States, over 29,000,000 pounds in 2009, were sold for use in food animals. (4) A study published in September, 2012, in Proceedings of the National Academy of Sciences of the United States of America found that even low doses of antimicrobials in animal feed for short periods of time increased the prevalence of the bacteria E. coli and the prevalence and diversity of antimicrobial resistance genes in bacteria in pigs. (5) Public Law 110-316, the Animal Drug User Fee Amendments of 2008, requires producers of drugs used in food animals to provide specified information annually to the FDA on the sales and indications for use of such drugs. (6) A September 2011 study by the Government Accountability Office found that the data provided to the FDA under the Animal Drug User Fee Amendments Act of 2008 lacked sufficient details necessary to analyze trends in antimicrobial resistance, such as information on actual drug use in specific food-producing animal species. SEC. 3. PURPOSE. The purpose of this Act is to provide the Food and Drug Administration and the public with better information on the use of antimicrobial drugs in animals used for food to-- (1) enable public health officials and scientists to better understand and interpret trends and variations in rates of microbial resistance to such antimicrobial drugs; (2) improve the understanding of the relationship between antimicrobial drug use in animals used for food and antimicrobial drug resistance in microbes in and on animals and humans; and (3) identify interventions to prevent and control such antimicrobial drug resistance. SEC. 4. ENHANCED REPORTING REQUIREMENTS. (a) Reports.--Section 512(l) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(l)) is amended by striking paragraph (3) and inserting the following: ``(3)(A) In the case of each new animal drug described in paragraph (1) that contains an antimicrobial active ingredient, the sponsor of the drug shall submit an annual report to the Secretary on the amount of each antimicrobial active ingredient in the drug that is sold or distributed for use in food- producing animals, including information on any distributor- labeled product. ``(B) Each report under this paragraph shall specify the amount of each antimicrobial active ingredient-- ``(i) by container size, strength, and dosage form; ``(ii) by quantities distributed to each State domestically and by quantities exported; and ``(iii) by dosage form, including (for each dosage form) the known or estimated amounts of the antimicrobial active ingredient sold or distributed for use in each food-producing animal for which the new animal drug is approved, including a description of the methods used to determine or estimate the amounts. ``(4)(A) Subject to subparagraph (B), in the case of animal feed in final formulation bearing or containing a new animal drug for which reporting is required under paragraph (3), a live poultry dealer, swine contractor, or feed lot operator who purchases, contracts, or manufactures such feed shall submit to the Secretary an annual report that specifies, by food- producing animal for which the new animal drug is approved and, where applicable as determined by the Secretary, by production class of such animal-- ``(i) the amount of each antimicrobial active ingredient contained per kilogram of each such feed sold or distributed for that animal and, where applicable, production class; ``(ii) the quantity of such feed sold or distributed for that animal and, where applicable, production class; and ``(iii) for each such feed sold or distributed under a veterinary feed directive-- ``(I) the indications for which the feed was sold or distributed and the quantities of such feed that were sold or distributed per each such indication; ``(II) the number of individuals of the food-producing animal and, where applicable, the production class to which the feed was intended; and ``(III) the length of time over which the feed was intended to be provided to the animals and the dose of the active antimicrobial ingredient the animals were intended to receive. ``(B)(i) Subparagraph (A) does not apply to a live poultry dealer, swine contractor, or feed lot operator if the total value of the live animals owned, purchased, sold, contracted for, or otherwise controlled by the dealer, contractor, or operator, directly or through subsidiaries or affiliates, per year, does not exceed-- ``(I) $10,000,000; or ``(II) such other sum as the Secretary may specify through regulation. ``(ii) The Secretary may specify through regulation alternative reporting requirements, including via pilot programs or based on the results of pilot programs-- ``(I) to improve the accuracy of reports; ``(II) to lessen the burden of reporting; ``(III) to facilitate the Secretary's ability to provide public summaries of the reports; or ``(IV) to improve the Secretary's ability to use the reports, or the public's ability to use the summaries under paragraph (5), to understand the relationship between sales, distribution, and end-use practices with respect to feed containing new animal drugs described in paragraph (1) and antimicrobial resistance trends in microbes in animals, animal food products, and humans. ``(5)(A) Each report under paragraph (3) or (4) shall-- ``(i) be submitted electronically not later than March 31 each year; ``(ii) cover the period of the preceding calendar year; ``(iii) include separate information for each month of such calendar year; and ``(iv) be in such format as the Secretary may require. ``(B) In specifying a format under subparagraph (A)(iv), the Secretary shall seek to ensure that such format enables the data reported to be integrated or otherwise easily associated and compared with data from other Federal databases containing data on-- ``(i) drug sales for human use; and ``(ii) rates of antimicrobial resistance in bacteria in and on animals, animal food products, and people. ``(C) The Secretary may share information reported under paragraph (3) or (4) with the Antimicrobial Resistance Task Force established under section 319E of the Public Health Service Act. ``(D)(i) Not later than November 30 each year, the Secretary shall make publicly available summaries of the information reported under paragraphs (3) and (4). ``(ii) For each summary under clause (i), except as provided in clause (iii), the Secretary shall-- ``(I) report data by antimicrobial drug class; ``(II) for each such antimicrobial drug class, specify-- ``(aa) the quantity of drugs sold or distributed per dosage form; ``(bb) the percentage of drugs sold or distributed with labeled indications that fall within each of the following categories: growth promotion, feed efficiency, or other production purposes; disease prevention; disease control; and disease treatment; ``(cc) the quantity of drugs sold or distributed per each of the following marketing categories: over-the-counter, prescription, and veterinary feed directive; ``(dd) the quantity of drugs sold or distributed per State of sale or distribution; and ``(ee) the known or estimated quantity of drugs sold or distributed for each food- producing animal and, where feasible, production class of such animal; and ``(III) for each feed sold or distributed under a veterinary food directive for which reporting is required under paragraph (4), include the information reported pursuant to subclauses (I), (II), and (III) of paragraph (4)(A)(iii). ``(iii) For any antimicrobial drug class with fewer than 3 sponsors of approved new animal drugs, instead of reporting data under clause (ii), the Secretary shall for each such class-- ``(I) report data by category of importance of the antimicrobial drugs within that class to human medicine, as determined by the Secretary; and ``(II) to the extent feasible for each such category, specify-- ``(aa) the quantity of drugs sold or distributed per dosage form; ``(bb) the percentage of drugs sold or distributed with labeled indications that fall within each of the following categories: growth promotion, feed efficiency, or other production purposes; disease prevention; disease control; and disease treatment; ``(cc) the quantity of drugs sold or distributed per each of the following marketing categories: over-the-counter, prescription, and veterinary feed directive; and ``(dd) the quantity of drugs sold or distributed per State of sale or distribution. ``(iv) In carrying out this subparagraph, the Secretary shall report data in a manner consistent with protecting both national security and confidential business information. ``(E) In this paragraph, the terms `live poultry dealer' and `swine contractor' have the meanings given to those terms in section 2 of the Packers and Stockyards Act, 1921.''. (b) Rule of Application.--The amendment made by this section applies to reports under paragraphs (3) and (4) of section 512(l) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(l)) (as amended by subsection (a)) that cover the period of calendar year 2014 or any subsequent calendar year. The provisions of section 512(l)(3) of such Act, as in effect the day before the date of enactment of this Act, apply to reports that cover the period of calendar year 2013. SEC. 5. ENHANCED COLLABORATION BETWEEN THE FOOD AND DRUG ADMINISTRATION AND THE DEPARTMENT OF AGRICULTURE. The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall increase collaboration and coordination with the Secretary of Agriculture to expand and coordinate the collection of data on the use of antimicrobial drugs in or on cattle, swine, chickens, turkeys, and such other food-producing animal species as agreed to by the Secretary of Health and Human Services and the Secretary of Agriculture, including by providing information to the Secretary of Agriculture for use by-- (1) the Animal and Plant Health Inspection Service to help inform its collection of data through the National Animal Health Monitoring System; and (2) the Economic Research Service to help inform its collection of data through the Agricultural Resource Management Survey. SEC. 6. ACTION BY GOVERNMENT ACCOUNTABILITY OFFICE. (a) Publication of Final Guidance.--Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services shall publish a final version of draft guidance #213, entitled ``New Animal Drugs and New Animal Drug Combination Products Administered in or on Medicated Feed or Drinking Water of Food- Producing Animals: Recommendations for Drug Sponsors for Voluntarily Aligning Product Use Conditions with GFI #209''. (b) Report by GAO.-- (1) In general.--Not later than 3 years after the publication of final guidance pursuant to subsection (a), the Comptroller General of the United States shall commence a study to evaluate-- (A) the voluntary approach used by the Food and Drug Administration to eliminate injudicious use of antimicrobial drugs in food-producing animals; and (B) the effectiveness of the data collection activities conducted by the Food and Drug Administration regarding antimicrobial resistance. (2) Report.--Not later than 1 year after commencing the study required by paragraph (1), the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes the results of such study.

Delivering Antimicrobial Transparency in Animals Act of 2013 - Amends the Federal Food, Drug, and Cosmetic Act to revise reporting requirements for the sponsor of a new animal drug containing an antimicrobial active ingredient. Requires a sponsor's annual report to the Secretary of Health and Human Services (HHS) to specify for each dosage form the known or estimated amounts of the antimicrobial active ingredient sold or distributed for use in each food-producing animal for which the new animal drug is approved. Repeals the requirement that such report list, for each dosage form, the target animals, indications, and production classes specified on the approved label of the product. Requires live poultry dealers, swine contractors, or feed lot operators who purchase, contract, or manufacture animal feed in final formulation bearing or containing a new animal drug with an antimicrobial active ingredient to report annually to the Secretary information about such ingredient by food-producing animal for which the new animal drug is approved and, if applicable, by production class of the animal. Exempts dealers, contractors, or operators from this reporting requirement if the value of their live animals does not exceed $10 million or such other sum as the Secretary may specify. Authorizes the Secretary to specify alternative reporting requirements. Establishes requirements for: (1) publicly available summaries of the information in the annual reports, including data by antimicrobial class; and (2) how to report data with fewer than three sponsors of such approved new animal drugs. Requires the Secretary, acting through the Commissioner of Food and Drugs (FDA), to increase collaboration and coordination with the Secretary of Agriculture (USDA) to expand and coordinate the collection of data on the use of antimicrobial drugs in or on food-producing animals, as well as provide information to the Secretary of Agriculture for use by: (1) the Animal and Plant Health Inspection Service to help inform its collection of data through the National Animal Health Monitoring System, and (2) the Economic Research Service to help inform its collection of data through the Agricultural Resource Management Survey. Requires the Secretary to publish a final version of draft guidance #213 entitled “New Animal Drugs and New Animal Drug Combination Products Administered in or on Medicated Feed or Drinking Water of Food-Producing Animals: Recommendations for Drug Sponsors for Voluntarily Aligning Product Use Conditions with GFI #209.” Requires the Comptroller General (GAO), within three years after such publication, to evaluate: (1) the voluntary approach used by the FDA to eliminate injudicious use of antimicrobial drugs in food-producing animals, and (2) the effectiveness of FDA data collection activities regarding antimicrobial resistance.

{"src": "billsum_train", "title": "Delivering Antimicrobial Transparency in Animals Act of 2013"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Hospitals Education Equity Act''. SEC. 2. SUPPORT OF GRADUATE MEDICAL EDUCATION PROGRAMS IN WOMEN'S HOSPITALS. Subpart IX of part D of title III of the Public Health Service Act (42 U.S.C. 256e et seq.) is amended-- (1) in the subpart heading, by adding ``and Women's Hospitals'' at the end; (2) in section 340E(a), by striking ``subpart'' and inserting ``section''; and (3) by adding at the end the following: ``SEC. 340E-1. SUPPORT OF GRADUATE MEDICAL EDUCATION PROGRAMS IN WOMEN'S HOSPITALS. ``(a) Payments.--The Secretary shall make two payments under this section to each women's hospital for each of fiscal years 2010 through 2014, one for the direct expenses and the other for indirect expenses associated with operating approved graduate medical residency training programs. The Secretary shall promulgate regulations pursuant to the rulemaking requirements of title 5, United States Code, which shall govern payments made under this section. ``(b) Amount of Payments.-- ``(1) In general.--Subject to paragraphs (2) and (3), the amounts payable under this section to a women's hospital for an approved graduate medical residency training program for a fiscal year shall be each of the following: ``(A) Direct expense amount.--The amount determined in accordance with subsection (c) for direct expenses associated with operating approved graduate medical residency training programs for a fiscal year. ``(B) Indirect expense amount.--The amount determined in accordance with subsection (c) for indirect expenses associated with the treatment of more severely ill patients and the additional costs relating to teaching residents in such programs for a fiscal year. ``(2) Capped amount.-- ``(A) In general.--The total of the payments made to women's hospitals under paragraph (1) in a fiscal year shall not exceed the funds appropriated under subsection (f) for such payments for that fiscal year. ``(B) Pro rata reductions of payments.--If the Secretary determines that the amount of funds appropriated under subsection (f) for a fiscal year is insufficient to provide the total amount of payments otherwise due for such periods under paragraph (1), the Secretary shall reduce the amounts so payable on a pro rata basis to reflect such shortfall. ``(c) Application of Annual Reporting and Other Provisions.--The provisions of subsections (b)(3), (c), and (d) of section 340E shall apply with respect to women's hospitals funded under this section in the same manner as such provisions apply with respect to children's hospitals funded under such section 340E. In applying such provisions, the Secretary may make such modifications as may be necessary to apply such provisions with respect to women's hospitals. ``(d) Making of Payments.-- ``(1) Interim payments.--The Secretary shall determine, before the beginning of each fiscal year involved for which payments may be made for a hospital under this section, the amounts of the payments for direct graduate medical education and indirect medical education for such fiscal year and shall (subject to paragraph (2)) make the payments of such amounts in 12 equal interim installments during such period. Such interim payments to each individual hospital shall be based on the number of residents reported in the hospital's most recently filed Medicare cost report prior to the application date for the Federal fiscal year for which the interim payment amounts are established. In the case of a hospital that does not report residents on a Medicare cost report, such interim payments shall be based on the number of residents trained during the hospital's most recently completed Medicare cost report filing period. ``(2) Withholding.--The Secretary shall withhold up to 25 percent from each interim installment for direct and indirect graduate medical education paid under paragraph (1) as necessary to ensure a hospital will not be overpaid on an interim basis. ``(3) Reconciliation.--Prior to the end of each fiscal year, the Secretary shall determine any changes to the number of residents reported by a hospital in the application of the hospital for the current fiscal year to determine the final amount payable to the hospital for the current fiscal year for both direct expense and indirect expense amounts. Based on such determination, the Secretary shall recoup any overpayments made and pay any balance due to the extent possible. The final amount so determined shall be considered a final intermediary determination for the purposes of section 1878 of the Social Security Act and shall be subject to administrative and judicial review under that section in the same manner as the amount of payment under section 1886(d) of such Act is subject to review under such section. ``(e) Definitions.--In this section: ``(1) Approved graduate medical residency training program.--The term `approved graduate medical residency training program' has the meaning given the term `approved medical residency training program' in section 1886(h)(5)(A) of the Social Security Act. ``(2) Direct graduate medical education costs.--The term `direct graduate medical education costs' has the meaning given such term in section 1886(h)(5)(C) of the Social Security Act. ``(3) Women's hospital.--The term `women's hospital' means a hospital-- ``(A) that has a Medicare provider agreement under title XVIII of the Social Security Act; ``(B) that has an approved graduate medical residency training program; ``(C) that has not been excluded from the Medicare prospective payment system; ``(D) that had at least 3,000 births during 2007, as determined by the Centers for Medicare & Medicaid Services; and ``(E) with respect to which and as determined by the Centers for Medicare & Medicaid Services, less than 4 percent of the total discharges from the hospital during 2007 were Medicare discharges of individuals who, as of the time of the discharge-- ``(i) were enrolled in the original Medicare fee-for-service program under part A of title XVIII of the Social Security Act; and ``(ii) were not enrolled in-- ``(I) a Medicare Advantage plan under part C of title XVIII of that Act; ``(II) an eligible organization under section 1876 of that Act; or ``(III) a PACE program under section 1894 of that Act. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $12,000,000 for fiscal year 2010, and such sums as may be necessary for each of fiscal years 2011 through 2014.''.

Women's Hospitals Education Equity Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to make two payments to each eligible women's hospital for each of FY2010-FY2014: (1) one payment for direct expenses associated with operating approved graduate medical residency training programs; and (2) one for indirect expenses associated with the treatment of more severely ill patients and the additional costs relating to teaching residents in such programs. Requires the Secretary to: (1) make the payments in 12 equal interim installments based on the number of residents reported in the hospital's most recently filed Medicare cost report; (2) withhold up to 25% from each installment to ensure a hospital will not be overpaid on an interim basis; (3) determine, prior to the end of each fiscal year, any changes to the number of residents reported to determine the final amount; and (4) recoup any overpayments based on such determination. Considers the final amount so determined to be a final intermediary determination, subject to administrative and judicial review, under the Social Security Act. Applies to women's hospitals funded under this Act annual reporting requirements and provisions regarding direct graduate medical education payments and indirect medical education payments applicable to children's hospitals that operate graduate medical education programs.

{"src": "billsum_train", "title": "To amend the Public Health Service Act to provide assistance for graduate medical education funding for women's hospitals."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chesapeake Bay Accountability and Recovery Act of 2014''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Chesapeake bay state.--The term ``Chesapeake Bay State'' or ``State'' means any of-- (A) the States of Maryland, West Virginia, Delaware, and New York; (B) the Commonwealths of Virginia and Pennsylvania; and (C) the District of Columbia. (3) Chesapeake bay watershed.--The term ``Chesapeake Bay watershed'' means all tributaries, backwaters, and side channels, including watersheds, draining into the Chesapeake Bay. (4) Chesapeake executive council.--The term ``Chesapeake Executive Council'' has the meaning given the term by section 117(a) of the Federal Water Pollution Control Act (33 U.S.C. 1267(a)). (5) Chief executive.--The term ``chief executive'' means, in the case of a State or Commonwealth, the Governor of the State or Commonwealth and, in the case of the District of Columbia, the Mayor of the District of Columbia. (6) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (7) Federal restoration activity.-- (A) In general.--The term ``Federal restoration activity'' means a Federal program or project carried out under Federal authority in existence as of the date of enactment of this Act with the express intent to directly protect, conserve, or restore living resources, habitat, water resources, or water quality in the Chesapeake Bay watershed, including programs or projects that provide financial and technical assistance to promote responsible land use, stewardship, and community engagement in the Chesapeake Bay watershed. (B) Categorization.--Federal restoration activities may be categorized as follows: (i) Physical restoration. (ii) Planning. (iii) Feasibility studies. (iv) Scientific research. (v) Monitoring. (vi) Education. (vii) Infrastructure development. (8) State restoration activity.-- (A) In general.--The term ``State restoration activity'' means any State program or project carried out under State authority that directly or indirectly protect, conserve, or restore living resources, habitat, water resources, or water quality in the Chesapeake Bay watershed, including programs or projects that promote responsible land use, stewardship, and community engagement in the Chesapeake Bay watershed. (B) Categorization.--State restoration activities may be categorized as follows: (i) Physical restoration. (ii) Planning. (iii) Feasibility studies. (iv) Scientific research. (v) Monitoring. (vi) Education. (vii) Infrastructure development. SEC. 3. CHESAPEAKE BAY CROSSCUT BUDGET. (a) In General.--The Director, in consultation with the Chesapeake Executive Council, the chief executive of each Chesapeake Bay State, and the Chesapeake Bay Commission, shall submit to Congress a financial report containing-- (1) an interagency crosscut budget that displays, as applicable-- (A) the proposed funding for any Federal restoration activity to be carried out in the succeeding fiscal year, including any planned interagency or intra-agency transfer, for each of the Federal agencies that carry out restoration activities; (B) to the extent that information is available, the estimated funding for any State restoration activity to be carried out in the succeeding fiscal year; (C) all expenditures for Federal restoration activities from the preceding 2 fiscal years, the current fiscal year, and the succeeding fiscal year; (D) all expenditures, to the extent that information is available, for State restoration activities during the equivalent time period described in subparagraph (C); and (E) a section that identifies and evaluates, based on need and appropriateness, specific opportunities to consolidate similar programs and activities within the budget and recommendations to Congress for legislative action to streamline, consolidate, or eliminate similar programs and activities within the budget; (2) a detailed accounting of all funds received and obligated by each Federal agency for restoration activities during the current and preceding fiscal years, including the identification of funds that were transferred to a Chesapeake Bay State for restoration activities; (3) to the extent that information is available, a detailed accounting from each State of all funds received and obligated from a Federal agency for restoration activities during the current and preceding fiscal years; and (4) a description of each of the proposed Federal and State restoration activities to be carried out in the succeeding fiscal year (corresponding to those activities listed in subparagraphs (A) and (B) of paragraph (1)), including-- (A) the project description; (B) the current status of the project; (C) the Federal or State statutory or regulatory authority, program, or responsible agency; (D) the authorization level for appropriations; (E) the project timeline, including benchmarks; (F) references to project documents; (G) descriptions of risks and uncertainties of project implementation; (H) a list of coordinating entities; (I) a description of the funding history for the project; (J) cost sharing; and (K) alignment with the existing Chesapeake Bay Agreement, Chesapeake Executive Council goals and priorities, and Annual Action Plan required by section 205 of Executive Order 13508 (33 U.S.C. 1267 note; relating to Chesapeake Bay protection and restoration). (b) Minimum Funding Levels.--In describing restoration activities in the report required under subsection (a), the Director shall only include-- (1) for the first 3 years that the report is required, descriptions of-- (A) Federal restoration activities that have funding amounts greater than or equal to $300,000; and (B) State restoration activities that have funding amounts greater than or equal to $300,000; and (2) for every year thereafter, descriptions of-- (A) Federal restoration activities that have funding amounts greater than or equal to $100,000; and (B) State restoration activities that have funding amounts greater than or equal to $100,000. (c) Deadline.--The Director shall submit to Congress the report required by subsection (a) not later than September 30 of each year. (d) Report.--Copies of the report required by subsection (a) shall be submitted to the Committees on Appropriations, Natural Resources, Energy and Commerce, and Transportation and Infrastructure of the House of Representatives and the Committees on Appropriations, Environment and Public Works, and Commerce, Science, and Transportation of the Senate. (e) Effective Date.--This section shall apply beginning with the first fiscal year after the date of enactment of this Act. SEC. 4. INDEPENDENT EVALUATOR FOR THE CHESAPEAKE BAY PROGRAM. (a) In General.--There shall be an Independent Evaluator for restoration activities in the Chesapeake Bay watershed, who shall review and report on-- (1) restoration activities; and (2) any related topics that are suggested by the Chesapeake Executive Council. (b) Appointment.-- (1) In general.--Not later than 30 days after the date of submission of nominees by the Chesapeake Executive Council, the Independent Evaluator shall be appointed by the Administrator from among nominees submitted by the Chesapeake Executive Council with the consultation of the scientific community. (2) Nominations.--The Chesapeake Executive Council may nominate for consideration as Independent Evaluator a science-based institution of higher education. (3) Requirements.--The Administrator shall only select as Independent Evaluator a nominee that the Administrator determines demonstrates excellence in marine science, policy evaluation, or other studies relating to complex environmental restoration activities. (c) Reports.--Not later than 180 days after the date of appointment and once every 2 years thereafter, the Independent Evaluator shall submit to Congress a report describing the findings and recommendations of reviews conducted under subsection (a). SEC. 5. PROHIBITION ON NEW FUNDING. No additional funds are authorized to be appropriated to carry out this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the Senate on December 2, 2014. Chesapeake Bay Accountability and Recovery Act of 2014 - (Sec. 3) Requires the Office of Management and Budget (OMB) to submit to Congress a financial report on restoration activities in the Chesapeake Bay watershed by September 30 of each year. Requires the report to contain: an interagency crosscut budget for federal and state restoration activities that protect, conserve, or restore living resources, habitat, water resources, or water quality in the Chesapeake Bay watershed; an accounting of funds received and obligated by each federal agency for restoration activities during the current and preceding fiscal years; an accounting from Maryland, West Virginia, Delaware, New York, Virginia, Pennsylvania, and the District of Columbia of all funds received and obligated from a federal agency for restoration activities during the current and preceding fiscal years; and a description of each of the proposed federal and state restoration activities to be carried out in the succeeding fiscal year. Requires the report to describe only restoration activities that have funding amounts of at least $300,000 for the first three years and restoration activities that have funding amounts of at least $100,000 thereafter. (Sec. 4) Establishes an Independent Evaluator for the Chesapeake Bay watershed to review and report to Congress every two years on restoration activities and related topics that are suggested by the Chesapeake Executive Council. Sets forth the process for appointment of the Independent Evaluator and the qualifications for the position. (Sec. 5) Provides that no additional funds are authorized to be appropriated to carry out this Act.

{"src": "billsum_train", "title": "Chesapeake Bay Accountability and Recovery Act of 2014"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taking Account of Institutions with Low Operation Risk Act of 2017'' or the ``TAILOR Act of 2017''. SEC. 2. TAILORING REGULATION TO BUSINESS MODEL AND RISK. (a) Definitions.--In this section-- (1) the term ``Federal financial institutions regulatory agencies'' means the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration, and the Bureau of Consumer Financial Protection; and (2) the term ``regulatory action''-- (A) means any proposed, interim, or final rule or regulation, guidance, or published interpretation; and (B) does not include any action taken by a Federal financial institutions regulatory agency that is solely applicable to an individual institution, including an enforcement action or order. (b) Consideration and Tailoring.--For any regulatory action occurring after the date of enactment of this Act, each Federal financial institutions regulatory agency shall-- (1) take into consideration the risk profile and business models of individual institutions and those of similar type that are subject to the regulatory action; and (2) tailor such regulatory action applicable to such institution, or type of institution, in a manner that limits the regulatory impact, including cost, human resource allocation and other burdens, on such institution or type of institution as is appropriate for the risk profile and business model involved. (c) Factors To Consider.--In carrying out the requirements of subsection (b) (and including consideration of the requirements of paragraph (1) of that subsection), each Federal financial institutions regulatory agency shall consider-- (1) whether it is necessary to apply such regulatory action to individual institutions or those of similar type in order to accomplish the underlying public policy objectives of the statutory provision involved; (2) the impact of such regulatory action on the ability of such institutions to flexibly serve their customers and local markets now and in the future; (3) the aggregate impact of all applicable regulatory actions on the ability of such institutions to flexibly serve such customers and local markets, both now and in the future; (4) the potential impact that efforts to implement the regulatory action, including through the use of examination manuals, third-party service provider actions, or other factors, may work to undercut efforts to tailor such regulatory action described in subsection (b)(2); and (5) the statutory provision authorizing the regulatory action, the congressional intent with respect to the statutory provision, and the policy objectives sought by the Federal financial regulatory agency in implementing that statutory provision. (d) Notice of Proposed and Final Rulemaking.--Each Federal financial institutions regulatory agency shall disclose and document in every notice of proposed rulemaking and in any final rulemaking for a regulatory action how the agency has applied subsections (b) and (c). (e) Reports to Congress.-- (1) Individual agency reports.--Not later than 1 year after the date of enactment of this Act and annually thereafter, each Federal financial institutions regulatory agency shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on the specific actions taken to tailor the regulatory actions of the Federal financial institutions regulator agency pursuant to the requirements of this section. (2) FFIEC reports.--Not later than 3 months after each report is submitted under paragraph (1), the Federal Financial Institutions Examination Council shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on-- (A) the extent to which each Federal financial institutions regulatory agency differs in the treatment of similarly situated institutions of different charter type; and (B) an explanation for such differential treatment. (f) Limited Look-Back Application.-- (1) In general.--Each Federal financial institutions regulatory agency shall-- (A) conduct a review of all regulations issued in final form pursuant to statutes enacted during the period beginning on or after July 21, 2010, and ending on the date of the enactment of this Act; and (B) apply the requirements of this section to such regulations. (2) Revision.--Any regulation revised under paragraph (1) shall be revised not later than 3 years after the date of enactment of this Act.

Taking Account of Institutions with Low Operation Risk Act of 2017 or the TAILOR Act of 2017 This bill requires federal financial regulatory agencies to: (1) in general, tailor a regulatory action so as to limit the regulatory impact and other burdens on the institutions involved, with consideration of the risk profiles and business models of those institutions; and (2) report to Congress on specific actions taken to do so, as well as on other related issues. The bill's requirements apply not only to future regulatory actions but also to regulations adopted on or after July 21, 2010.

{"src": "billsum_train", "title": "Taking Account of Institutions with Low Operation Risk Act of 2017"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Telephone Records Protection Act of 2006''. SEC. 2. FINDINGS. Congress finds that-- (1) telephone records can be of great use to criminals because the information contained in call logs listed in such records include a wealth of personal data; (2) many call logs reveal the names of telephone users' doctors, public and private relationships, business associates, and more; (3) although other personal information such as social security numbers may appear on public documents, which can be accessed by data brokers, the only warehouse of telephone records is located at the phone companies themselves; (4) telephone records may be accessed without authorization of the customer by-- (A) an employee of the telephone company selling the data; (B) ``pretexting,'' whereby a data broker or other person pretends to be the owner of the phone and convinces the telephone company's employees to release the data to them; or (C) unauthorized access of accounts via the Internet; and (5) because telephone companies encourage customers to manage their accounts online, many set up the online capability in advance. Many customers never access their Internet accounts, however. If someone seeking the information activates the account before the customer, he or she can gain unfettered access to the telephone records and call logs of that customer. SEC. 3. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH OBTAINING CONFIDENTIAL PHONE RECORDS INFORMATION FROM A COVERED ENTITY. Chapter 47 of title 18, United States Code, is amended by inserting after section 1038 the following: ``SEC. 1039. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH OBTAINING CONFIDENTIAL PHONE RECORDS INFORMATION FROM A COVERED ENTITY. ``(a) Criminal Violation.--Whoever obtains, or attempts to obtain, confidential phone records information from a covered entity, without authorization from the customer to whom such confidential phone records information relates, by knowingly and intentionally-- ``(1) making false or fraudulent statements or representations to an employee of a covered entity; ``(2) making such statements or representations to a customer of a covered entity; ``(3) providing false documentation to a covered entity knowing that such document is false; or ``(4) accessing customer accounts of a covered entity via the Internet; shall, for each such occurrence, be fined in accordance with this title, imprisoned for not more than 5 years, or both. ``(b) Prohibition on Sale of Confidential Phone Records Information.--Except as otherwise provided by applicable law, any person, including any employee of a covered entity or any data broker, who knowingly and intentionally sells, or attempts to sell, confidential phone records information from a covered entity, without authorization from the customer to whom such confidential phone records information relates, shall be fined in accordance with this title, imprisoned for not more than 5 years, or both. ``(c) Enhanced Penalties for Aggravated Cases.--Whoever violates, or attempts to violate, subsection (a) while violating another law of the United States or as part of a pattern of any illegal activity involving more than $100,000, or more than 50 customers of a covered entity, in a 12-month period shall be fined twice the amount provided in subsection (b)(3) or (c)(3) (as the case may be) of section 3571 of this title, imprisoned for not more than 10 years, or both. ``(d) Nonapplicability to Law Enforcement Agencies.--Subsection (a) shall be construed so as to not prevent any action by a law enforcement agency, or any officer, employee, or agent of such agency, to obtain confidential phone records information from a covered entity in connection with the performance of the official duties of the agency, in accordance with other applicable laws. ``(e) Definitions.--In this section: ``(1) Confidential phone records information.--The term `confidential phone records information' means-- ``(A) information that-- ``(i) relates to the quantity, technical configuration, type, destination, location, and amount of use of a service offered by a covered entity subscribed to by any customer of that covered entity; and ``(ii) is made available to a covered entity by a customer solely by virtue of the relationship between the covered entity and the customer; and ``(B) information contained in any bill related to the product or service offered by a covered entity and received by any customer of the covered entity. ``(2) Covered entity.--The term `covered entity'-- ``(A) has the same meaning given the term `telecommunications carrier' in section 3 of the Communications Act of 1934 (47 U.S.C. 153); and ``(B) includes any provider of IP-enabled voice service. ``(3) Customer.--The term `customer' means, with respect to a covered entity, any person, or authorized representative of a person, to whom the covered entity provides a product or service. ``(4) Document.--The term `document' means any information in any form. ``(5) IP-enabled voice service.--The term `IP-enabled voice service' means the provision of real-time 2-way voice communications offered to the public, or such class of users as to be effectively available to the public, transmitted through customer premises equipment using TCP/IP protocol, or a successor protocol, for a fee (whether part of a bundle of services or separately) with 2-way interconnection capability such that the service can originate traffic to, and terminate traffic from, a public switched telephone network.''.

Consumer Telephone Records Protection Act of 2006 - Amends the federal criminal code to prohibit: (1) the obtaining by fraud or other unauthorized means of confidential phone records information from a telecommunications carrier or IP-enabled voice service provider (covered entity); and (2) the sale of such records by any person, including any employee of a covered entity. Exempts law enforcement agencies. Imposes a fine and/or imprisonment for up to five years. Doubles such penalties for violations occurring in a 12-month period involving more than $100,000 or more than 50 customers of a covered entity.

{"src": "billsum_train", "title": "A bill to make the stealing and selling of telephone records a criminal offense."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Motor Vehicle Owners Right to Repair Act of 2009.'' SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) Motor vehicle owners are entitled to choose which service provider will diagnose, service, maintain, or repair their motor vehicles. (2) Promoting competition in price and quality for the diagnosis of problems, service, maintenance, and repair of motor vehicles will benefit consumers. (3) Regular diagnosis, service, maintenance, and repair of motor vehicles, motor vehicle equipment, and motor vehicle systems such as pollution control, transmission, antilock brakes, electronic and mechanical systems, heating and air- conditioning, and steering are essential to America's mobility, minimizing fuel consumption, protecting the environment, and enabling the highest levels of safety possible in modern motor vehicles. (4) Computers of various kinds are now used by manufacturers in motor vehicle equipment and motor vehicle systems. On-board computer technology controls virtually all of the vehicle's systems, and only service technicians with the necessary tools and information can access the computers to perform diagnosis, service, maintenance, and repair of the vehicle. (5) Manufacturers have made available to their authorized dealers and service providers the information, tools, codes, and replacement equipment necessary to diagnose problems and to service, maintain, and repair motor vehicles that incorporate computers in their motor vehicle systems. (6) Consumers in the United States have benefited from the availability of a wide choice of service providers for their motor vehicles. The American economy has also benefited from the availability of an aftermarket tools and parts supply that provides jobs to over 5 million workers in 495,000 businesses, and generates $200 billion in annual sales. (7) Vehicles are now being equipped with systems that permit vehicles to communicate repair and diagnostic information wirelessly with the vehicle manufacturer and repair facilities. Car owners have the right to choose where and to whom information generated by their vehicle and vehicle computers is sent. (b) Purposes.--The purposes of this Act are-- (1) to protect motor vehicle owners' right to choose a service provider for the diagnosis, service, maintenance, and repair of their motor vehicles; (2) to promote competition in price and quality among service providers; and (3) to promote safety and fuel efficiency by allowing consumers to choose among competing service providers. SEC. 3. MANUFACTURER REQUIREMENTS. (a) Duty To Disclose Information.--The manufacturer of a motor vehicle sold, leased, or otherwise introduced into commerce in the United States must provide to the motor vehicle owner and service providers, using reasonable business means and on a non-discriminatory basis, all information to diagnose, service, maintain, or repair the motor vehicle. This information must include-- (1) information about safety alerts, recalls, service bulletins and the need for adjustments to maintain vehicle efficiency, safety and convenience; and (2) all information of any kind provided directly, indirectly, or wirelessly to new car dealers or any repair facility to diagnose, service, maintain, repair, activate, certify, or install any motor vehicle equipment (including replacement parts and equipment) in a motor vehicle. (b) Duty To Make Tools Available.--The manufacturer of a motor vehicle sold, leased, or otherwise introduced into commerce in the United States must offer for sale to the motor vehicle owner and to all service providers on a reasonable and non-discriminatory basis, any tool for the diagnosis, service, maintenance, or repair of a motor vehicle, and provide all information that enables aftermarket tool companies to manufacture tools with the same functional characteristics as those tools made available by the manufacturers to authorized dealers. (c) Replacement Equipment.--The manufacturer of a motor vehicle sold, leased, or otherwise introduced into commerce in the United States must offer for sale to motor vehicle owners, and to all service providers on reasonable and non-discriminatory terms, all equipment for diagnosis, service, maintenance, or repair of a motor vehicle. (d) Protection of Trade Secrets.-- (1) A manufacturer may not be required to publicly disclose information that, if made public, would divulge methods or processes entitled to protection as trade secrets. (2) No information may be withheld by a manufacturer on the ground that it is a trade secret if that information is provided (directly or indirectly) to authorized dealers or service providers. SEC. 4. AUTHORITY OF FEDERAL TRADE COMMISSION. (a) In General.--For the purpose of enforcing compliance with this Act, the Federal Trade Commission may utilize all authority conferred on it by the Federal Trade Commission Act, or otherwise. (b) Violation of Section 3.--A violation of section 3 of this Act constitutes an unfair method of competition and an unfair or deceptive act or practice within the meaning of section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)). (c) Violation of a Rule.--Violation of a rule prescribed under section 4(d) of this Act constitutes 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)). (d) Rulemaking.--The Federal Trade Commission may prescribe rules to implement this Act. (e) Cooperation With Department of Transportation.--The Federal Trade Commission must cooperate with the Department of Transportation to publish technical service bulletins on a Federal Internet Website. (f) Limitation.--The Federal Trade Commission may not prescribe rules that-- (1) interfere with the authority of the Administrator of the Environmental Protection Agency under section 202(m) of the Clean Air Act (42 U.S.C. 7521(m)) with regard to motor vehicle emissions control diagnostics systems; or (2) conflict with rules prescribed by the Administrator of the Environmental Protection Agency. SEC. 5. ACTION BY STATES. (a) In General.--Whenever an attorney general of any State has reason to believe that the interests of the residents of that State have been or are being threatened or adversely affected by a violation of section 3 of this Act, or by the violation of a rule promulgated by the Federal Trade Commission to implement this Act, the State, as parens patriae, may bring a civil action on behalf of its residents to enjoin violations, to obtain damages, restitution, or other compensation on behalf of residents of the State, or to obtain such further relief as the court may deem appropriate. (b) Notice.--The State must serve prior written notice of any civil action under subsection (a) of this section upon the Federal Trade Commission with a copy of its complaint, except that if it is not feasible for the State to provide such prior notice, the State must serve notice immediately upon instituting an action. Upon receiving a notice of a civil action, the Federal Trade Commission may-- (1) intervene in the action; (2) upon intervening, to be heard on all matters arising therein; and (3) to appeal. (c) Construction.--For purposes of bringing any civil action under subsection (a) of this section, nothing in this chapter will prevent an attorney general from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. (d) Actions by Federal Trade Commission.--Whenever a civil action has been instituted by or the Federal Trade Commission for violation of any rule prescribed under section 4(d) of this Act, no State may, during the pendency of the action instituted by the Federal Trade Commission, institute a civil action under this Act against any defendant named in the complaint in such action for violation of any rule as alleged in such complaint. (e) Actions by Other State Officials.-- (1) Nothing contained in this section may prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any civil or criminal statute of such State. (2) In addition to actions brought by an attorney general of a State under subsection (a) of this section, an action may be brought by officers of a State who are so authorized. SEC. 6. CONSUMERS' RIGHTS. A consumer or service provider may bring a civil action to enjoin any violation of section 3 of this Act or of any rule issued pursuant to this Act and for damages (including court costs and reasonable attorney and expert witness fees). The action may be brought in any court of competent jurisdiction. SEC. 7. DEFINITIONS. In this Act: (1) The term ``commerce'' has the meaning given that term in section 4 of the Federal Trade Commission Act (15 U.S.C. 44). (2) The terms ``manufacturer'', ``motor vehicle'', and ``motor vehicle equipment'' have the meanings given those terms in section 30102(a) of title 49, United States Code. (3) The term ``motor vehicle owner'' and the term ``consumer'' mean any person who owns, leases, or otherwise has the legal right to use and possess a motor vehicle, or the agent of such person. (4) The term ``service provider'' means any person engaged in the diagnosis, service, maintenance, or repair of motor vehicles or motor vehicle engines. (5) The term ``replacement equipment'' has the meaning given that term in section 30102(b)(1) of title 49, United States Code. (6) The term ``model year'' has the meaning given that term in section 32901(a) of title 49, United States Code. (7) The term ``dealer'' has the meaning given that term in section 30102(a) of title 49, United States Code. (8) The term ``technical service bulletin'' means a communication sent to a dealer about the diagnosis, service, maintenance or repair of a motor vehicle or item of motor vehicle equipment and shall include all communications sent to the Secretary of Transportation under sections 30166(f) and 30166(m)(3)(A)(ii) of title 49, United States Code.

Motor Vehicle Owners Right to Repair Act of 2009 - Requires the manufacturer of a motor vehicle sold, leased, or otherwise introduced into U.S. commerce to: (1) provide to the vehicle owner and service providers all information necessary to diagnose, service, maintain, or repair the vehicle; (2) offer for sale to the vehicle owner and service providers any related tool or equipment; and (3) provide the information that enables aftermarket tool companies to manufacture tools with the same functional characteristics. Exempts trade secrets, so long as the information is not disclosed to authorized dealers or service providers. Authorizes enforcement of this Act by the Federal Trade Commission (FTC) and civil actions by state attorneys general, consumers, and service providers.

{"src": "billsum_train", "title": "To protect the rights of consumers to diagnose, service, maintain, and repair their motor vehicles, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Airline Passenger Fair Treatment Act of 2001''. SEC. 2. FAIR TREATMENT OF AIRLINE PASSENGERS. Section 41712 of title 49, United States Code, is amended-- (1) by striking ``On the initiative'' and inserting ``(a) Duty of the Secretary.--On the initiative''; and (2) by adding at the end thereof the following: ``(c) Specific Practices.--For purposes of subsection (a), the terms `unfair or deceptive practice' and `unfair method of competition' include each of the following: ``(1) Access to fares.--The failure of an air carrier or foreign air carrier to provide a consumer full access to all fares for air transportation provided by the air carrier or foreign air carrier, regardless of the technology or other method the consumer uses to access the fares. ``(2) Flight delays.--The failure of an air carrier or foreign air carrier to provide a passenger of the carrier with an accurate explanation of the reasons for a flight delay, cancellation, or diversion from a ticketed itinerary. ``(3) Pricing policies.--Any action of an air carrier or foreign air carrier-- ``(A) to prohibit a person (including a governmental entity) that purchases air transportation from only using a portion of the air transportation purchased (including using the air transportation purchased only for 1-way travel instead of round-trip travel); or ``(B) to assess an additional fee on or charge to-- ``(i) such a person; or ``(ii) any ticket agent that sold the air transportation to such person. ``(4) Termination of ticket agents.--In the case of a termination, cancellation, nonrenewal, or substantial change in the competitive circumstances of the appointment of a ticket agent by an air carrier or foreign air carrier, the failure of the air carrier or foreign air carrier-- ``(A) to provide the ticket agent with written notice, and a full statement of reasons constituting just causes for the action, on or before the 90th day preceding the action; and ``(B) to provide the ticket agent with at least 60 days to correct any deficiency claimed in the written notice, except in cases of insolvency, an assignment for the benefit of creditors, bankruptcy, or nonpayment of sums due under the appointment.''. SEC. 3. CLARIFICATION REGARDING ENFORCEMENT OF STATE LAWS. Section 41713(b)(1) of title 49, United States Code, is amended by striking ``related to a price, route, or service of an air carrier that may provide air transportation under this subpart'' and inserting ``that directly prescribes a price, route, or level of service for air transportation provided by an air carrier under this subpart''. SEC. 4. EMERGENCY MEDICAL ASSISTANCE, RIGHT OF EGRESS. (a) In General.--Chapter 417 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 41722. Airline passenger rights ``(a) Right to In-Flight Emergency Medical Care.-- ``(1) In general.--The Secretary of Transportation shall issue regulations to establish minimum standards for resuscitation, emergency medical, and first-aid equipment and supplies to be carried on board an aircraft operated by an air carrier in air transportation that is capable of carrying at least 30 passengers. ``(2) Considerations.--In issuing regulations under paragraph (1), the Secretary shall consider-- ``(A) the weight and size of the equipment described in paragraph (1); ``(B) the need for special training of air carrier personnel to operate the equipment safely and effectively; ``(C) the space limitations of each type of aircraft; ``(D) the effect of the regulations on aircraft operations; ``(E) the practical experience of airlines in carrying and operating similar equipment; and ``(F) other relevant factors. ``(3) Consultation.--Before issuing regulations under paragraph (1), the Secretary shall consult with the Surgeon General. ``(b) Right To Exit Aircraft.--No air carrier or foreign air carrier operating an aircraft in air transportation shall prevent or hinder (including by failing to assist) any passenger from exiting the aircraft (under the same circumstances as any member of the flight crew is permitted to exit the aircraft) if-- ``(1) the aircraft is parked at an airport terminal gate with access to ramp or other facilities through which passengers are customarily boarded and deplaned; ``(2) the aircraft has remained at the gate more than 1 hour past its scheduled departure time; ``(3) the captain of the aircraft has not been informed by air traffic control authorities that the aircraft can be cleared for departure within 15 minutes.''. (b) Conforming Amendment.--The analysis for chapter 417 of such title is amended by adding at the end the following: ``41722. Airline passenger rights.''.

Airline Passenger Fair Treatment Act of 2001 - Amends Federal aviation law to revise provisions prohibiting an air carrier, foreign air carrier, or ticket agent from engaging in unfair or deceptive practices or unfair methods of competition in air transportation. Extends such prohibition to any action of an air carrier or foreign air carrier that: (1) fails to provide a consumer full access to all fares for air transportation provided by them, regardless of the technology or other method the consumer uses to access the fares; (2) fails to provide an air carrier passenger with an accurate explanation of the reasons for a flight delay, cancellation, or diversion from a ticketed itinerary; or (3) prohibits a person (including a governmental entity) that purchases air transportation from only using a portion of the air transportation purchased (including using air transportation purchased only for one-way travel instead of round-trip travel), or assesses an additional fee on or charge to such person or ticket agent that sold the air transportation to such person.Prohibits an air carrier or foreign air carrier, in the case of a termination, cancellation, nonrenewal, or substantial change in the competitive circumstances of a ticket agent's appointment, from failing to provide the ticket agent with: (1) written notice, and a full statement of reasons for the action, on or before the 90th day preceding the action; and (2) at least 60 days to correct any deficiency claimed in such notice. Exempts a carrier from this requirement only in cases of insolvency, an assignment for the benefit of creditors, bankruptcy, or nonpayment of sums due under the appointment.Revises the preemption of State, local, and regional law or regulation related to a price, route, or level of service for air transportation provided by an air carrier. Limits the preemption to any such law or regulation that would directly prescribe a price, route, or level of service.Directs the Secretary of Transportation to issue regulations to establish minimum Federal standards for resuscitation, emergency medical, and first-aid equipment and supplies to be carried on board an aircraft operated by an air carrier that is capable of carrying at least 30 passengers.Bars an air carrier or foreign air carrier from preventing or hindering (including by failing to assist) a passenger from exiting an aircraft if: (1) the aircraft is parked at an airport terminal gate with access to ramp or other facilities through which passengers are customarily boarded and deplaned; (2) such aircraft has remained at the gate more than one hour past its scheduled departure time; and (3) the aircraft captain has not been informed by air traffic control authorities that such aircraft can be cleared for departure within 15 minutes.

{"src": "billsum_train", "title": "To establish a national policy of basic consumer fair treatment for airline passengers."}

SECTION 1. CREDIT FOR NEW NEIGHBORHOOD ELECTRIC VEHICLES. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 30D. NEW NEIGHBORHOOD ELECTRIC VEHICLES. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year the amount paid or incurred for each new neighborhood electric vehicle placed in service by the taxpayer during the taxable year. ``(b) Dollar Limitation.--The amount allowed as a credit under subsection (a) shall not exceed the lesser of-- ``(1) $1,000, and ``(2) the amount paid or incurred by the taxpayer for such new neighborhood electric vehicle. ``(c) Application With Other Credits.-- ``(1) Business credit treated as part of general business credit.--So much of the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) that is attributable to property of a character subject to an allowance for depreciation shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). ``(2) Personal credit.-- ``(A) In general.--For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year. ``(B) Limitation based on amount of tax.--In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall not exceed the excess of-- ``(i) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(ii) the sum of the credits allowable under subpart A (other than this section) and section 27, 30, 30B, and 30C for the taxable year. ``(d) New Neighborhood Electric Vehicle.--For purposes of this section, the term `neighborhood electric vehicle' means a vehicle-- ``(1) which draws propulsion energy solely from onboard sources of a rechargeable energy storage system, ``(2) which is classified as a low-speed vehicle subject to the requirements of Federal Motor Vehicle Safety Standard No. 500 (as promulgated by the National Highway Traffic Safety Administration in section 571.500 of title 49, Code of Federal Regulations) and which has-- ``(A) 4 wheels, ``(B) a top attainable speed in 1 mile of more than 20 mph and not more than 35 mph on a paved level surface, and ``(C) a gross vehicle weight rating of less than 2,500 pounds, ``(3) the original use of which commences with the taxpayer, ``(4) which is acquired for use or lease by the taxpayer and not for resale, and ``(5) which is made by a manufacturer in the United States. ``(e) Special Rules.-- ``(1) Basis reduction.--The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit (determined without regard to subsection (b)). ``(2) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit. ``(3) Property used outside united states, etc., not qualified.--No credit shall be allowed under subsection (a) with respect to any property referred to in section 50(b)(1) or with respect to the portion of the cost of any property taken into account under section 179. ``(4) Election not to take credit.--No credit shall be allowed under subsection (a) for any vehicle if the taxpayer elects to not have this section apply to such vehicle. ``(f) Termination.--This section shall not apply to property purchased after December 31, 2013.''. (b) Credit Made Part of General Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the portion of the new neighborhood electric vehicle credit to which section 30D(c)(1) applies.''. (c) Conforming Amendments.-- (1) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, and'', and by adding at the end the following new paragraph: ``(37) to the extent provided in section 30D(e)(1).''. (2) Section 6501(m) of such Code is amended by inserting ``30D(e)(4),'' after ``30C(e)(5),''. (3) The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 30D. New neighborhood electric vehicles.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008.

Amends the Internal Revenue Code to allow a tax credit for the purchase of a new neighborhood electric vehicle. Limits the amount of such credit to the lesser of $1,000 or the amount paid for such vehicle. Defines "new neighborhood electric vehicle" as a U.S. manufactured vehicle which: (1) draws propulsion energy solely from onboard sources of a rechargeable energy storage system; (2) is classified by the National Highway Traffic Safety Administration (NHTSA) as a low-speed vehicle; (3) has four wheels; (4) has a top attainable speed in one mile of more than 20 mph and not more than 35 mph on a paved level surface; and (5) has a gross vehicle weight rating of less than 2,500 pounds. Terminates such credit after 2013.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a credit for the purchase of new neighborhood electric vehicles."}

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Fort Carson-Pinon Canyon Military Lands Withdrawal Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Withdrawal and reservation of lands at Fort Carson Military Reservation. Sec. 3. Withdrawal and reservation of lands at Pinon Canyon Maneuver Site. Sec. 4. Maps and legal descriptions. Sec. 5. Management of withdrawn lands. Sec. 6. Management of withdrawn and acquired mineral resources. Sec. 7. Hunting, fishing, and trapping. Sec. 8. Termination of withdrawal and reservation. Sec. 9. Determination of presence of contamination and effect of contamination. Sec. 10. Delegation. Sec. 11. Hold harmless. Sec. 12. Amendment to Military Lands Withdrawal Act of 1986. Sec. 13. Authorization of appropriations. SEC. 2. WITHDRAWAL AND RESERVATION OF LANDS AT FORT CARSON MILITARY RESERVATION. (a) Withdrawal.--Subject to valid existing rights and except as otherwise provided in this Act, the lands at the Fort Carson Military Reservation, Colorado, that are described in subsection (c) are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws, the mineral and geothermal leasing laws, and the mineral materials disposal laws. (b) Reservation.--The lands withdrawn under subsection (a) are reserved for use by the Secretary of the Army-- (1) for military maneuvering, training and weapons firing; and (2) for other defense related purposes consistent with the uses specified in paragraph (1). (c) Land Description.--The lands referred to in subsection (a) comprise 3,133.02 acres of public land and 11,415.16 acres of federally-owned minerals in El Paso, Pueblo, and Fremont Counties, Colorado, as generally depicted on the map entitled ``Fort Carson Proposed Withdrawal--Fort Carson Base'', dated February 6, 1992, and published in accordance with section 4. SEC. 3. WITHDRAWAL AND RESERVATION OF LANDS AT PINON CANYON MANEUVER SITE. (a) Withdrawal.--Subject to valid existing rights and except as otherwise provided in this Act, the lands at the Pinon Canyon Maneuver Site, Colorado, that are described in subsection (c) are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws, the mineral and geothermal leasing laws, and the mineral materials disposal laws. (b) Reservation.--The lands withdrawn under subsection (a) are reserved for use by the Secretary of the Army-- (1) for military maneuvering and training; and (2) for other defense related purposes consistent with the uses specified in paragraph (1). (c) Land Description.--The lands referred to in subsection (a) comprise 2,517.12 acres of public lands and 130,139 acres of federally- owned minerals in Las Animas County, Colorado, as generally depicted on the map entitled ``Fort Carson Proposed Withdrawal--Fort Carson Maneuver Area--Pinon Canyon site'', dated February 6, 1992, and published in accordance with section 4. SEC. 4. MAPS AND LEGAL DESCRIPTIONS. (a) Preparation of Maps and Legal Description.--As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior shall prepare maps depicting the lands withdrawn and reserved by this Act and publish in the Federal Register a notice containing the legal description of such lands. (b) Legal Effect.--Such maps and legal descriptions shall have the same force and effect as if they were included in this Act, except that the Secretary of the Interior may correct clerical and typographical errors in such maps and legal descriptions. (c) Availability of Maps and Legal Description.--Copies of such maps and legal descriptions shall be available for public inspection in the offices of the Colorado State Director and the Canon City District Manager of the Bureau of Land Management and in the offices of the Commander of Fort Carson, Colorado. (d) Costs.--The Secretary of the Army shall reimburse the Secretary of the Interior for the costs of implementing this section. SEC. 5. MANAGEMENT OF WITHDRAWN LANDS. (a) Management Guidelines.-- (1) Management by secretary of the army.--Except as provided in section 6, during the period of withdrawal, the Secretary of the Army shall manage for military purposes the lands covered by this Act and may authorize use of the lands by the other military departments and agencies of the Department of Defense, and the National Guard, as appropriate. (2) Access restrictions.--When military operations, public safety, or national security, as determined by the Secretary of the Army, require the closure of roads and trails on the lands withdrawn by this Act commonly in public use, the Secretary of the Army is authorized to take such action, except that such closures shall be limited to the minimum areas and periods required for the purposes specified in this subsection. Appropriate warning notices shall be kept posted during closures. (3) Suppression of fires.--The Secretary of the Army shall take necessary precautions to prevent and suppress brush and range fires occurring within and outside the lands as a result of military activities and may seek assistance from the Bureau of Land Management in suppressing such fires. The memorandum of understanding required by this section shall provide for Bureau of Land Management assistance in the suppression of such fires, and for a transfer of funds from the Department of the Army to the Bureau of Land Management as compensation for such assistance. (b) Management Plan.-- (1) Development required.--The Secretary of the Army, with the concurrence of the Secretary of the Interior, shall develop a plan for the management of acquired lands and lands withdrawn under sections 2 and 3 for the period of withdrawal. The plan shall-- (A) be consistent with applicable law; (B) include such provisions as may be necessary for proper resource management and protection of the natural, cultural, and other resources and values of such lands; and (C) identify those withdrawn and acquired lands, if any, which are to be open to mining or mineral and geothermal leasing, including mineral materials disposal. (2) Time for development.--The management plan required by this subsection shall be developed not later than 5 years after the date of the enactment of this Act. (c) Implementation of Management Plan.-- (1) Memorandum of understanding required.--The Secretary of the Army and the Secretary of the Interior shall enter into a memorandum of understanding to implement the management plan developed under subsection (b). (2) Duration.--The duration of any such memorandum of understanding shall be the same as the period of withdrawal specified in section 8(a). (3) Amendment.--The memorandum of understanding may be amended by agreement of both Secretaries. (d) Use of Certain Resources.--The Secretary of the Army is authorized to utilize sand, gravel, or similar mineral or mineral material resources from the lands withdrawn by this Act when the use of such resources is required for construction needs of the Fort Carson Reservation or Pinon Canyon Maneuver Site. SEC. 6. MANAGEMENT OF WITHDRAWN AND ACQUIRED MINERAL RESOURCES. Except as provided in section 5(d), the Secretary of the Interior shall manage all withdrawn and acquired mineral resources within the boundaries of the Fort Carson Military Reservation and Pinon Canyon Maneuver Site in the same manner as provided in section 12 of the Military Lands Withdrawal Act of 1986 (Public Law 99-606; 100 Stat. 3466) for mining and mineral leasing on certain lands withdrawn by that Act from all forms of appropriation under the public land laws. SEC. 7. HUNTING, FISHING, AND TRAPPING. All hunting, fishing, and trapping on the lands withdrawn and reserved by this Act shall be conducted in accordance with section 2671 of title 10, United States Code. SEC. 8. TERMINATION OF WITHDRAWAL AND RESERVATION. (a) Termination Date.--The withdrawal and reservation made by this Act shall terminate 15 years after the date of the enactment of this Act. (b) Determination of Continuing Military Need.-- (1) Determination required.--At least three years before the termination under subsection (a) of the withdrawal and reservation established by this Act, the Secretary of the Army shall advise the Secretary of the Interior as to whether or not the Department of the Army will have a continuing military need for any of the lands after the termination date. (2) Method of making determination.--If the Secretary of the Army concludes under paragraph (1) that there will be a continuing military need for any of the lands after the termination date established by subsection (a), the Secretary of the Army, in accordance with applicable law, shall-- (A) evaluate the environmental effects of renewal of such withdrawal and reservation; (B) hold at least one public hearing in Colorado concerning such evaluation; and (C) file, after completing the requirements of subparagraphs (A) and (B), an application for extension of the withdrawal and reservation of such lands in accordance with the regulations and procedures of the Department of the Interior applicable to the extension of withdrawals for military uses. (3) Notification.--The Secretary of the Interior shall notify the Congress concerning a filing under paragraph (3)(C). (c) Early Relinquishment of Withdrawal.--If the Secretary of the Army concludes under subsection (b) that before the termination date established by subsection (a) there will be no military need for all or any part of the lands withdrawn and reserved by this Act, or if, during the period of withdrawal, the Secretary of the Army otherwise decides to relinquish any or all of the lands withdrawn and reserved under this Act, the Secretary of the Army shall file with the Secretary of the Interior a notice of intention to relinquish such lands. (d) Acceptance of Lands Proposed for Relinquishment.-- Notwithstanding any other provision of law, the Secretary of the Interior, upon deciding that it is in the public interest to accept jurisdiction over the lands proposed for relinquishment, may revoke the withdrawal and reservation established by this Act as it applies to the lands proposed for relinquishment. Should the decision be made to revoke the withdrawal and reservation, the Secretary of the Interior shall publish in the Federal Register an appropriate order which shall-- (1) terminate the withdrawal and reservation; (2) constitute official acceptance of full jurisdiction over the lands by the Secretary of the Interior; and (3) state the date upon which the lands will be opened to the operation of the public land laws, including the mining laws if appropriate. SEC. 9. DETERMINATION OF PRESENCE OF CONTAMINATION AND EFFECT OF CONTAMINATION. (a) Determination of Presence of Contamination.-- (1) Before relinquishment notice.--Before filing a relinquishment notice under section 8(c), the Secretary of the Army shall prepare a written determination as to whether and to what extent the lands to be relinquished are contaminated with explosive, toxic, or other hazardous materials. A copy of the determination made by the Secretary of the Army shall be supplied with the relinquishment notice. Copies of both the relinquishment notice and the determination under this subsection shall be published in the Federal Register by the Secretary of the Interior. (2) Upon termination of withdrawal.--At the expiration of the withdrawal period made by this Act, the Secretary of the Interior shall determine whether and to what extent the lands withdrawn by this Act are contaminated to an extent which prevents opening such contaminated lands to operation of the public land laws. (b) Program of Decontamination.-- (1) In general.--Throughout the duration of the withdrawal and reservation made by this Act, the Secretary of the Army, to the extent funds are made available, shall maintain a program of decontamination of the lands withdrawn by this Act at least at the level of effort carried out during fiscal year 1992. (2) Decontamination of lands to be relinquished.--In the case of lands subject to a relinquishment notice under section 8(c) that are contaminated, the Secretary of the Army shall decontaminate the land to the extent that funds are appropriated for such purpose if the Secretary of the Interior, in consultation with the Secretary of the Army, determines that-- (A) decontamination of the lands is practicable and economically feasible, taking into consideration the potential future use and value of the land; and (B) upon decontamination, the land could be opened to the operation of some or all of the public land laws, including the mining laws. (c) Authority of Secretary of the Interior To Refuse Contaminated Lands.--The Secretary of the Interior shall not be required to accept lands proposed for relinquishment if the Secretary of the Army and the Secretary of the Interior conclude that-- (1) decontamination of any or all of the lands proposed for relinquishment is not practicable or economically feasible; (2) the lands cannot be decontaminated sufficiently to allow them to be opened to the operation of the public land laws; or (3) insufficient funds are appropriated for the purpose of decontaminating the lands. (d) Effect of Continued Contamination.--If the Secretary of the Interior declines under subsection (c) to accept jurisdiction of lands proposed for relinquishment or if the Secretary of the Interior determines under subsection (a)(2) that some of the lands withdrawn by this Act are contaminated to an extent that prevents opening the contaminated lands to operation of the public land laws-- (1) the Secretary of the Army shall take appropriate steps to warn the public of the contaminated state of such lands and any risks associated with entry onto such lands; (2) after the expiration of the withdrawal, the Secretary of the Army shall undertake no activities on such lands except in connection with decontamination of such lands; and (3) the Secretary of the Army shall report to the Secretary of the Interior and to the Congress concerning the status of such lands and all actions taken under paragraphs (1) and (2). (e) Effect of Subsequent Decontamination.--If the lands described in subsection (d) are subsequently decontaminated, upon certification by the Secretary of the Army that the lands are safe for all nonmilitary uses, the Secretary of the Interior shall reconsider accepting jurisdiction over the lands. (f) Effect on Other Laws.--Nothing in this Act shall affect, or be construed to affect, the obligations of the Secretary of the Army, if any, to decontaminate lands withdrawn by this Act pursuant to applicable law, including the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). SEC. 10. DELEGATION. The functions of the Secretary of the Army under this Act may be delegated. The functions of the Secretary of the Interior under this Act may be delegated, except that the order referred to in section 8(d) may be approved and signed only by the Secretary of the Interior, the Deputy Secretary of the Interior, or an Assistant Secretary of the Department of the Interior. SEC. 11. HOLD HARMLESS. (a) In General.--The United States shall be held harmless and shall not be liable for any injuries or damages to persons or property suffered in the course of any mining, mineral activity, or geothermal leasing activity conducted on lands comprising the Fort Carson Reservation or Pinon Canyon Maneuver Site, including liabilities to non-Federal entities under section 107 or 113 of the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.S.C. 9607, 9613), or section 7003 of the Solid Waste Disposal Act (42 U.S.C. 6973). (b) Indemnification.--Any party conducting any mining, mineral, or geothermal leasing activity on lands comprising the Fort Carson Reservation or Pinon Canyon Maneuver Site shall indemnify the United States against any costs, fees, damages, or other liabilities (including costs of litigation) incurred by the United States and arising from or relating to such mining activities, including costs of mineral materials disposal, whether arising under the Comprehensive Environmental Response Compensation and Liability Act of 1980, the Solid Waste Disposal Act, or otherwise. SEC. 12. AMENDMENT TO MILITARY LANDS WITHDRAWAL ACT OF 1986. (a) Use of Certain Resources.--Section 3(f) of the Military Lands Withdrawal Act of 1986 (Public Law 99-606; 100 Stat. 3461) is amended by adding at the end the following new paragraph: ``(2) Subject to valid existing rights, the Secretary of the military department concerned may utilize sand, gravel, or similar mineral or material resources when the use of such resources is required for construction needs on the respective lands withdrawn by this Act.''. (b) Technical Correction.--Section 9(b) of the Military Lands Withdrawal Act of 1986 (Public Law 99-606; 100 Stat. 3466) is amended by striking ``section 7(f)'' and inserting in lieu thereof ``section 8(f)''. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act. Passed the House of Representatives March 28, 1995. Attest: ROBIN H. CARLE, Clerk. 104th CONGRESS 1st Session H. R. 256 _______________________________________________________________________ AN ACT To withdraw and reserve certain public lands and minerals within the State of Colorado for military uses, and for other purposes.

Fort Carson-Pinon Canyon Military Lands Withdrawal Act - Withdraws from appropriation under public land, mining, mineral, geothermal leasing, and mineral materials disposal laws, and reserves for military use by the Army, specified lands at the Fort Carson Military Reservation and Pinon Canyon Maneuver Site (both in Colorado). Requires the Secretary of the Army to manage such lands for military purposes covered by this Act and to authorize their use by other U.S. military agencies. Directs the Secretary, with the concurrence of the Secretary of the Interior, to develop a management plan for such reserved and withdrawn lands. Terminates such land withdrawals and reservations 15 years after enactment of this Act. Requires the Secretary of the Army to: (1) decontaminate relinquished lands (but authorizes the Secretary of the Interior to refuse to accept lands if such decontamination is not practicable or economically feasible, if the lands cannot be decontaminated sufficiently to allow them to be opened to the operation of the public land laws, or if insufficient funds are appropriated for the purpose of decontaminating the lands); (2) if the Secretary of the Interior declines to accept jurisdiction of lands proposed for relinquishment under such provision or determines that some of the lands withdrawn by this Act are contaminated to an extent that prevents opening the contaminated lands to operation of the public land laws, warn the public of risks of entry, conduct only decontamination activities on such lands after the expiration of the withdrawal, and make a status report to the Secretary of the Interior and to the Congress; and (3) maintain a program of decontamination of the lands withdrawn by this Act at least at the level of effort carried out during FY 1992, subject to specified limitations. Directs that the United States be held harmless and not liable for any injuries or damages to persons or property suffered in the course of any mining, mineral activity, or geothermal leasing activity conducted on lands comprising the Fort Carson Reservation or Pinon Canyon Maneuver Site, including liabilities to non-Federal entities under specified provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 or the Solid Waste Disposal Act. Authorizes appropriations.

{"src": "billsum_train", "title": "Fort Carson-Pinon Canyon Military Lands Withdrawal Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Immigrants From Legal Exploitation Act of 2017''. SEC. 2. SCHEMES TO PROVIDE FRAUDULENT IMMIGRATION SERVICES. (a) In General.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1041. Schemes to provide fraudulent immigration services ``(a) In General.--Any person who knowingly or recklessly executes a scheme or artifice, in connection with any matter that is authorized by or arises under any Federal immigration law or any matter the offender claims or represents is authorized by or arises under any Federal immigration law, to-- ``(1) defraud any person; or ``(2) obtain or receive money or anything else of value from any person by means of false or fraudulent pretenses, representations, or promises, shall be fined under this title, imprisoned not more than 10 years, or both. ``(b) Misrepresentation.--Any person who knowingly and falsely represents that such person is an attorney or an accredited representative (as that term is defined in section 1292.1 of title 8, Code of Federal Regulations (or any successor regulation)) in any matter arising under any Federal immigration law shall be fined under this title, imprisoned not more than 15 years, or both. ``(c) Reimbursement.--Any person convicted of offenses under this section must fully reimburse the client for any services that person fraudulently provided.''. (b) Clerical Amendment.--The table of sections for such chapter is amended by adding at the end the following: ``1041. Schemes to provide fraudulent immigration services.''. SEC. 3. COMBATING SCHEMES TO DEFRAUD ALIENS. (a) Regulations, Forms, and Procedures.--The Secretary of Homeland Security and the Attorney General, for matters within their respective jurisdictions arising under the immigration laws, shall promulgate appropriate regulations, forms, and procedures defining the circumstances in which-- (1) persons submitting applications, petitions, motions, or other written materials relating to immigration benefits or relief from removal under the immigration laws will be required to identify who (other than immediate family members) assisted them in preparing or translating the immigration submissions; and (2) any person or persons who received compensation (other than a normal fee for copying, mailing, or similar services) in connection with the preparation, completion, or submission of such materials will be required to sign the form as a preparer and provide identifying information. (b) Civil Injunctions Against Immigration Service Provider.--The Attorney General may commence a civil action in the name of the United States to enjoin any immigration service provider from further engaging in any fraudulent conduct that substantially interferes with the proper administration of the immigration laws or who willfully misrepresents such provider's legal authority to provide representation before the Department of Justice and the Department of Homeland Security. (c) Definitions.--In this section: (1) Immigration laws.--The term ``immigration laws'' has the meaning given that term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)). (2) Immigration service provider.--The term ``immigration service provider'' means any individual or entity (other than an attorney or individual otherwise authorized to provide representation in immigration proceedings as provided in Federal regulation) who, for a fee or other compensation, provides any assistance or representation to aliens in relation to any filing or proceeding relating to the alien which arises, or which the provider claims to arise, under the immigration laws, Executive order, or Presidential proclamation. SEC. 4. RELIEF FOR VICTIMS OF NOTARIO FRAUD. (a) In General.--An alien may withdraw, without prejudice, an application or other submission for immigration status or other immigration benefit if the alien submits information indicating the application or submission was prepared or submitted by an individual engaged in the unauthorized practice of law or immigration practitioner fraud and attests that the alien had no prior knowledge the application or submission was prepared or submitted by an individual engaged in the unauthorized practice of law or immigration practitioner fraud. (b) Corrected Filings.--The Secretary of Homeland Security, the Secretary of State, and the Attorney General shall develop a procedure for submitting corrected applications or other submissions withdrawn under paragraph (1). The Secretary of Homeland Security, the Secretary of State, and the Attorney General shall permit corrected applications or other submissions to be resubmitted notwithstanding the numerical and time limitations on the filing of the applications or other submissions covered by this Act. (c) Waiver of Bar to Reentry.--Section 212(a)(9)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(ii)), as amended by section 2315(a), is further amended by adding at the end the following: ``(VII) Immigration practitioner fraud.--Clause (i) shall not apply to an alien if he can prove by a preponderance of the evidence that he departed the United States based on the erroneous advice of an individual engaged in the unauthorized practice of law or immigration practitioner fraud.''. (d) Regulations Implementing Contempt Authority of Immigration Judges.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall promulgate regulations implementing the contempt authority for immigration judges provided by section 240(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1229a(b)(1)). Such regulations shall provide that any civil contempt sanctions including any monetary penalty may be applicable to all parties appearing before the immigration judge. SEC. 5. OUTREACH TO IMMIGRANT COMMUNITIES. (a) Authority To Conduct.--The Secretary of Homeland Security and the Attorney General, acting through the Director of the Office for Immigration Review, shall carry out a program to educate aliens regarding who may provide legal services and representation to aliens in immigration proceedings through cost-effective outreach to immigrant communities. (b) Purpose.--The purpose of the program authorized under subsection (a) is to prevent aliens from being subjected to fraud by individuals who are not authorized to provide legal services or representation to aliens. (c) Availability.--The Attorney General shall, to the extent practicable, make publicly available information regarding fraud by immigration consultants, visa consultants, and other individuals who are not authorized to provide legal services or representation to aliens available-- (1) at appropriate offices that provide services or information to aliens; and (2) through Web sites that are-- (A) maintained by the Attorney General; and (B) intended to provide information regarding immigration matters to aliens. (d) Foreign Language Materials.--Any educational materials used to carry out the program authorized under subsection (a) shall, to the extent practicable, be made available to immigrant communities in appropriate languages, including English and Spanish. (e) Authorization of Appropriations.-- (1) Amounts authorized.--There are authorized to be appropriated such sums as may be necessary to carry out this section. (2) Availability.--Any amounts appropriated pursuant to paragraph (1) shall remain available until expended. SEC. 6. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS. (a) Establishment.--The Secretary and the Attorney General shall establish, within the U.S. Citizenship and Immigration Services and the Executive Office for Immigration Review respectively, programs to award grants, on a competitive basis, to eligible nonprofit organizations to provide direct legal services to aliens as described in subsection (c). (b) Eligible Nonprofit Organization.--The term ``eligible nonprofit organization'' means a nonprofit, tax-exempt organization whose staff has demonstrated qualifications, experience, and expertise in providing quality services to immigrants, refugees, persons granted asylum, or persons applying for such statuses. (c) Use of Funds.--Grant funds awarded under this section shall be used for the design and implementation of programs to provide direct assistance, within the scope of authorized practice of law, to aliens in removal proceedings and to aliens completing applications and petitions, including providing assistance in obtaining necessary documents and supporting evidence. (d) Authorization of Appropriations.-- (1) Amounts authorized.--There are authorized to be appropriated such sums as may be necessary to carry out this section. (2) Availability.--Any amounts appropriated pursuant to paragraph (1) shall remain available until expended.

Protecting Immigrants From Legal Exploitation Act of 2017 This bill amends the federal criminal code to subject to a fine, imprisonment, or both any individual who: (1) knowingly or recklessly executes a scheme in connection with any federal immigration law-related matter to defraud a person or to obtain money or anything else of value from a person by means of false or fraudulent pretenses, representations, or promises; or (2) knowingly and falsely represents that such individual is an attorney or an accredited representative in any federal immigration law-related matter. The Department of Justice (DOJ) and the Department of Homeland Security (DHS) shall promulgate regulations, forms, and procedures defining the circumstances in which: (1) persons submitting immigration documents must identify who (other than immediate family members) assisted them in preparing or translating such documents; and (2) any person who received compensation (other than a normal fee for copying, mailing, or similar services) in connection with the preparation or submission of such documents must sign the documents as a preparer and provide identifying information. DOJ may bring a civil injunction against an immigration service provider who engages in fraudulent conduct that substantially interferes with the administration of the immigration laws or who willfully misrepresents such provider's legal authority to provide representation before DOJ or DHS. An alien may withdraw an immigration submission if the alien: (1) submits information indicating that thesubmission was prepared or submitted by an individual engaged in the unauthorized practice of law or immigration practitioner fraud, and (2) attests that he or she had no prior knowledge that the submission was prepared or submitted by such an individual. This bill amends the Immigration and Nationality Act to waive the bar on reentry for an alien who left the United States based on the erroneous advice of an individual engaged in the unauthorized practice of law or immigration practitioner fraud. DOJ and DHS shall: (1) carry out, through the Director of the Office for Immigration Review, an outreach program to educate aliens regarding who may provide legal services and representation in immigration proceedings; and (2) establish, within the U.S. Citizenship and Immigration Services and the Executive Office for Immigration Review, programs to award grants to eligible nonprofit organizations for direct legal services to aliens.

{"src": "billsum_train", "title": "Protecting Immigrants From Legal Exploitation Act of 2017"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Living Organ Donor Protections Act''. SEC. 2. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. (a) Living Organ Donation Protected by Limits on Preexisting Condition.--Section 701(b)(1)(A) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181(b)(1)(A)) is amended by inserting ``(including the living donation of an organ or a condition resulting from the donation of an organ by a living organ donor)'' after ``relating to a condition''. (b) Prohibition on Discrimination Based on Health Status.-- (1) Enrollment.--Section 702(a)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1182(a)(1)) is amended by adding at the end the following: ``(I) Living organ donor status.''. (2) Premiums.--Section 702(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1182(b)) is amended by adding at the end the following: ``(3) No discrimination in group premiums based on organ donation.--For purposes of this section, a group health plan, or a health insurance issuer offering group health insurance coverage in connection with a group health plan, shall not adjust premium or contribution amounts for a group on the basis of the living organ donor status of an individual in the group or a family member of the individual.''. (c) Definition.--Section 733(d) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b(d)) is amended-- (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (2), the following: ``(3) Living organ donor.--The term `living organ donor' means, with respect to coverage, any individual who donates all or part of an organ, as defined by section 374(d)(2) of the Public Health Service Act.''. SEC. 3. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT. (a) Living Organ Donation Protected by Limits on Preexisting Condition.--Section 2701(b)(1)(A) of the Public Health Service Act (42 U.S.C. 300gg(b)(1)(A)) is amended by inserting ``(including the living donation of an organ or a condition resulting from the donation of an organ by a living organ donor)'' after ``relating to a condition''. (b) Prohibition on Discrimination Based on Health Status.-- (1) Enrollment.--Section 2702(a)(1) of the Public Health Service Act (42 U.S.C. 300gg-1(a)(1)) is amended by adding at the end the following: ``(I) Living organ donor status.''. (2) Premiums.--Section 2702(b) of the Public Health Service Act (42 U.S.C. 300gg-1(b)) is amended by adding at the end the following: ``(3) No discrimination in group premiums based on organ donation.--For purposes of this section, a group health plan, or a health insurance issuer offering group health insurance coverage in connection with a group health plan, shall not adjust premium or contribution amounts for a group on the basis of the living organ donor status of an individual in the group or a family member of the individual.''. (c) Definition.--Section 2791(d) of the Public Health Service Act (42 U.S.C. 300gg-91(d)) is amended-- (1) by redesignating paragraphs (10) through (14) as paragraphs (11) through (15), respectively; and (2) by inserting after paragraph (9), the following: ``(10) Living organ donor.--The term `living organ donor' means, with respect to coverage, any individual who donates all or part of an organ, as defined by section 374(d)(2).''. SEC. 4. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986. (a) Living Organ Donation Protected by Limits on Preexisting Condition.--Section 9801(b)(1)(A) of the Internal Revenue Code of 1986 is amended by inserting ``(including the living donation of an organ or a condition resulting from the donation of an organ by a living organ donor)'' after ``relating to a condition''. (b) Prohibition on Discrimination Based on Health Status.-- (1) Enrollment.--Section 9802(a)(1) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(I) Living organ donor status.''. (2) Premiums.--Section 9802(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(3) No discrimination in group premiums based on organ donation.--For purposes of this section, a group health plan shall not adjust premium or contribution amounts for a group on the basis of the living organ donor status of an individual in the group or a family member of the individual.''. (c) Definition.--Section 9832(d) of the Internal Revenue Code of 1986 is amended-- (1) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and (2) by inserting after paragraph (2), the following: ``(3) Living organ donor.--The term `living organ donor' means, with respect to coverage, any individual who donates all or part of an organ, as defined by section 374(d)(2) of the Public Health Service Act.''. SEC. 5. REGULATIONS AND EFFECTIVE DATE. (a) Regulations.--The Secretary of Labor, the Secretary of Health and Human Services, and the Secretary of the Treasury shall promulgate regulations necessary to carry out the amendments made by this Act as such amendments apply to each such respective Secretary. (b) Effective Date.--The amendments made by this Act shall apply to group health plans and health insurance coverage with respect to plan years beginning on or after January 1, 2004.

Living Organ Donor Protections Act - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to prohibit health insurance discrimination in group premiums with respect to individuals who are living organ donors.

{"src": "billsum_train", "title": "A bill to amend the Employee Retirement Income Security Act of 1974, the Public Health Service Act, and the Internal Revenue Code of 1986 to provide health insurance protections for individuals who are living organ donors."}

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Government Management Reform Act of 1994''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. TITLE I--LIMITATION ON PAY Sec. 101. Limitation on certain annual pay adjustments. TITLE II--HUMAN RESOURCE MANAGEMENT Sec. 201. SES annual leave accumulation. TITLE III--STREAMLINING MANAGEMENT CONTROL Sec. 301. Authority to increase efficiency in reporting to Congress. TITLE IV--FINANCIAL MANAGEMENT Sec. 401. Short title. Sec. 402. Electronic payments. Sec. 403. Franchise fund pilot programs. Sec. 404. Simplification of management reporting process. Sec. 405. Annual financial reports. TITLE I--LIMITATION ON PAY SEC. 101. LIMITATION ON CERTAIN ANNUAL PAY ADJUSTMENTS. Effective as of December 31, 1994-- (1) section 601(a)(2) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31(2)) is amended-- (A) by striking out ``(2) Effective'' and inserting in lieu thereof ``(2)(A) Subject to subparagraph (B), effective''; and (B) by adding at the end thereof the following: ``(B) In no event shall the percentage adjustment taking effect under subparagraph (A) in any calendar year (before rounding), in any rate of pay, exceed the percentage adjustment taking effect in such calendar year under section 5303 of title 5, United States Code, in the rates of pay under the General Schedule.''; (2) section 104 of title 3, United States Code, is amended-- (A) in the first sentence by inserting ``(a)'' before ``The''; (B) in the second sentence by striking out ``Effective'' and inserting in lieu thereof ``Subject to subsection (b), effective''; and (C) by adding at the end thereof the following: ``(b) In no event shall the percentage adjustment taking effect under the second and third sentences of subsection (a) in any calendar year (before rounding) exceed the percentage adjustment taking effect in such calendar year under section 5303 of title 5 in the rates of pay under the General Schedule.''; (3) section 5318 of title 5, United States Code, is amended-- (A) in the first sentence by striking out ``Effective'' and inserting in lieu thereof ``(a) Subject to subsection (b), effective''; and (B) by adding at the end thereof the following: ``(b) In no event shall the percentage adjustment taking effect under subsection (a) in any calendar year (before rounding), in any rate of pay, exceed the percentage adjustment taking effect in such calendar year under section 5303 in the rates of pay under the General Schedule.''; and (4) section 461(a) of title 28, United States Code, is amended-- (A) by striking out ``(a) Effective'' and inserting in lieu thereof ``(a)(1) Subject to paragraph (2), effective''; and (B) by adding at the end thereof the following: ``(2) In no event shall the percentage adjustment taking effect under paragraph (1) in any calendar year (before rounding), in any salary rate, exceed the percentage adjustment taking effect in such calendar year under section 5303 of title 5 in the rates of pay under the General Schedule.''. TITLE II--HUMAN RESOURCE MANAGEMENT SEC. 201. SES ANNUAL LEAVE ACCUMULATION. (a) In General.--Effective on the first day of the first applicable pay period beginning after the date of the enactment of this Act, subsection (f) of section 6304 of title 5, United States Code, is amended to read as follows: ``(f)(1) This subsection applies with respect to annual leave accrued by an individual while serving in a position in-- ``(A) the Senior Executive Service; ``(B) the Senior Foreign Service; ``(C) the Defense Intelligence Senior Executive Service; ``(D) the Senior Cryptologic Executive Service; or ``(E) the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service. ``(2) For purposes of applying any limitation on accumulation under this section with respect to any annual leave described in paragraph (1)-- ``(A) `30 days' in subsection (a) shall be deemed to read `90 days'; and ``(B) `45 days' in subsection (b) shall be deemed to read `90 days'.''. (b) Use of Excess Leave.--Notwithstanding the amendment made by subsection (a), in the case of an employee who, on the effective date of subsection (a), is subject to subsection (f) of section 6304 of title 5, United States Code, and who has to such employee's credit annual leave in excess of the maximum accumulation otherwise permitted by subsection (a) or (b) of section 6304 (determined applying the amendment made by subsection (a)), such excess annual leave shall remain to the credit of the employee and be subject to reduction, in the same manner as provided in subsection (c) of section 6304. TITLE III--STREAMLINING MANAGEMENT CONTROL SEC. 301. AUTHORITY TO INCREASE EFFICIENCY IN REPORTING TO CONGRESS. (a) Purpose.--The purpose of this title is to improve the efficiency of executive branch performance in implementing statutory requirements for reports to Congress and committees of Congress such as the elimination or consolidation of duplicative or obsolete reporting requirements and adjustments to deadlines that shall provide for more efficient workload distribution or improve the quality of reports. (b) Authority of the Director.--The Director of the Office of Management and Budget may publish annually in the budget submitted by the President to the Congress, recommendations for consolidation, elimination, or adjustments in frequency and due dates of statutorily required periodic reports to the Congress or committees of Congress. For each recommendation, the Director shall provide an individualized statement of the reasons that support the recommendation. In addition, for each report for which a recommendation is made, the Director shall state with specificity the exact consolidation, elimination, or adjustment in frequency or due date that is recommended. (c) Recommendations.--The Director's recommendations shall be consistent with the purpose stated in subsection (a). (d) Consultation.--Before the publication of the recommendations under subsection (b), the Director or his designee shall consult with the appropriate congressional committees concerning the recommendations. TITLE IV--FINANCIAL MANAGEMENT SEC. 401. SHORT TITLE. This title may be cited as the ``Federal Financial Management Act of 1994''. SEC. 402. ELECTRONIC PAYMENTS. (a) In General.--Section 3332 of title 31, United States Code, is amended to read as follows: ``Sec. 3332. Required direct deposit ``(a)(1) Notwithstanding any other provision of law, all Federal wage, salary, and retirement payments shall be paid to recipients of such payments by electronic funds transfer, unless another method has been determined by the Secretary of the Treasury to be appropriate. ``(2) Each recipient of Federal wage, salary, or retirement payments shall designate one or more financial institutions or other authorized payment agents and provide the payment certifying or authorizing agency information necessary for the recipient to receive electronic funds transfer payments through each institution so designated. ``(b)(1) The head of each agency shall waive the requirements of subsection (a) of this section for a recipient of Federal wage, salary, or retirement payments authorized or certified by the agency upon written request by such recipient. ``(2) Federal wage, salary, or retirement payments shall be paid to any recipient granted a waiver under paragraph (1) of this subsection by any method determined appropriate by the Secretary of the Treasury. ``(c)(1) The Secretary of the Treasury may waive the requirements of subsection (a) of this section for any group of recipients upon request by the head of an agency under standards prescribed by the Secretary of the Treasury. ``(2) Federal wage, salary, or retirement payments shall be paid to any member of a group granted a waiver under paragraph (1) of this subsection by any method determined appropriate by the Secretary of the Treasury. ``(d) This section shall apply only to recipients of Federal wage or salary payments who begin to receive such payments on or after January 1, 1995, and recipients of Federal retirement payments who begin to receive such payments on or after January 1, 1995. ``(e) The crediting of the amount of a payment to the appropriate account on the books of a financial institution or other authorized payment agent designated by a payment recipient under this section shall constitute a full acquittance to the United States for the amount of the payment.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 33 of title 31, United States Code, is amended by amending the item for section 3332 to read: ``3332. Required direct deposit.''. SEC. 403. FRANCHISE FUND PILOT PROGRAMS. (a) Establishment.--There is authorized to be established on a pilot program basis in each of six executive agencies a franchise fund. The Director of the Office of Management and Budget, after consultation with the chairman and ranking members of the Committees on Appropriations and Governmental Affairs of the Senate, and the Committees on Appropriations and Government Operations of the House of Representatives, shall designate the agencies. (b) Uses.--Each such fund may provide, consistent with guidelines established by the Director of the Office of Management and Budget, such common administrative support services to the agency and to other agencies as the head of such agency, with the concurrence of the Director, determines can be provided more efficiently through such a fund than by other means. To provide such services, each such fund is authorized to acquire the capital equipment, automated data processing systems, and financial management and management information systems needed. Services shall be provided by such funds on a competitive basis. (c) Funding.--(1) There are authorized to be appropriated to the franchise fund of each agency designated under subsection (a) such funds as are necessary to carry out the purposes of the fund, to remain available until expended. To the extent that unexpended balances remain available in other accounts for the purposes to be carried out by the fund, the head of the agency may transfer such balances to the fund. (2) Fees for services shall be established by the head of the agency at a level to cover the total estimated costs of providing such services. Such fees shall be deposited in the agency's fund to remain available until expended, and may be used to carry out the purposes of the fund. (3) Existing inventories, including inventories on order, equipment, and other assets or liabilities pertaining to the purposes of the fund may be transferred to the fund. (d) Report on Pilot Programs.--Within 6 months after the end of fiscal year 1997, the Director of the Office of Management and Budget shall forward a report on the results of the pilot programs to the Committees on Appropriations of the Senate and of the House of Representatives, and to the Committee on Governmental Affairs of the Senate and the Committee on Government Operations of the House of Representatives. The report shall contain the financial and program performance results of the pilot programs, including recommendations for-- (1) the structure of the fund; (2) the composition of the funding mechanism; (3) the capacity of the fund to promote competition; and (4) the desirability of extending the application and implementation of franchise funds to other Federal agencies. (e) Procurement.--Nothing in this section shall be construed as relieving any agency of any duty under applicable procurement laws. (f) Termination.--The provisions of this section shall expire on October 1, 1999. SEC. 404. SIMPLIFICATION OF MANAGEMENT REPORTING PROCESS. (a) In General.--To improve the efficiency of executive branch performance in implementing statutory requirements for financial management reporting to the Congress and its committees, the Director of the Office of Management and Budget may adjust the frequency and due dates of or consolidate any statutorily required reports of agencies to the Office of Management and Budget or the President and of agencies or the Office of Management and Budget to the Congress under any laws for which the Office of Management and Budget has financial management responsibility, including-- (1) chapters 5, 9, 11, 33, 35, 37, 39, 75, and 91 of title 31, United States Code; (2) the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note; Public Law 101-410; 104 Stat. 890). (b) Application.--The authority provided in subsection (a) shall apply only to reports of agencies to the Office of Management and Budget or the President and of agencies or the Office of Management and Budget to the Congress required by statute to be submitted between January 1, 1995, and September 30, 1997. (c) Adjustments in Reporting.--The Director may consolidate or adjust the frequency and due dates of any statutorily required reports under subsections (a) and (b) only after-- (1) consultation with the Chairman of the Senate Committee on Governmental Affairs and the Chairman of the House of Representatives Committee on Government Operations; and (2) written notification to the Congress, no later than February 8 of each fiscal year covered under subsection (b) for those reports required to be submitted during that fiscal year. SEC. 405. ANNUAL FINANCIAL REPORTS. (a) Financial Statements.--Section 3515 of title 31, United States Code, is amended to read as follows: ``Sec. 3515. Financial statements of agencies ``(a) Not later than March 1 of 1997 and each year thereafter, the head of each executive agency identified in section 901(b) of this title shall prepare and submit to the Director of the Office of Management and Budget an audited financial statement for the preceding fiscal year, covering all accounts and associated activities of each office, bureau, and activity of the agency. ``(b) Each audited financial statement of an executive agency under this section shall reflect-- ``(1) the overall financial position of the offices, bureaus, and activities covered by the statement, including assets and liabilities thereof; and ``(2) results of operations of those offices, bureaus, and activities. ``(c) The Director of the Office of Management and Budget shall identify components of executive agencies that shall be required to have audited financial statements meeting the requirements of subsection (b). ``(d) The Director of the Office of Management and Budget shall prescribe the form and content of the financial statements of executive agencies under this section, consistent with applicable accounting and financial reporting principles, standards, and requirements. ``(e) The Director of the Office of Management and Budget may waive the application of all or part of subsection (a) for financial statements required for fiscal years 1996 and 1997. ``(f) Not later than March 1 of 1995 and 1996, the head of each executive agency identified in section 901(b) of this title and designated by the Director of the Office of Management and Budget shall prepare and submit to the Director of the Office of Management and Budget an audited financial statement for the preceding fiscal year, covering all accounts and associated activities of each office, bureau, and activity of the agency. ``(g) Not later than March 31 of 1995 and 1996, for executive agencies not designated by the Director of the Office of Management and Budget under subsection (f), the head of each executive agency identified in section 901(b) of this title shall prepare and submit to the Director of the Office of Management and Budget a financial statement for the preceding fiscal year, covering-- ``(1) each revolving fund and trust fund of the agency; and ``(2) to the extent practicable, the accounts of each office, bureau, and activity of the agency which performed substantial commercial functions during the preceding fiscal year. ``(h) For purposes of subsection (g), the term `commercial functions' includes buying and leasing of real estate, providing insurance, making loans and loan guarantees, and other credit programs and any activity involving the provision of a service or thing for which a fee, royalty, rent, or other charge is imposed by an agency for services and things of value it provides.''. (b) Audits by Agencies.--Subsection 3521(f) of title 31, United States Code, is amended to read as follows: ``(f)(1) For each audited financial statement required under subsections (a) and (f) of section 3515 of this title, the person who audits the statement for purpose of subsection (e) of this section shall submit a report on the audit to the head of the agency. A report under this subsection shall be prepared in accordance with generally accepted government auditing standards. ``(2) Not later than June 30 following the fiscal year for which a financial statement is submitted under subsection (g) of section 3515 of this title, the person who audits the statement for purpose of subsection (e) of this section shall submit a report on the audit to the head of the agency. A report under this subsection shall be prepared in accordance with generally accepted government auditing standards.''. (c) Governmentwide Financial Statement.--Section 331 of title 31, United States Code, is amended by adding the following new subsection: ``(e)(1) Not later than March 31 of 1998 and each year thereafter, the Secretary of the Treasury, in coordination with the Director of the Office of Management and Budget, shall annually prepare and submit to the President and the Congress an audited financial statement for the preceding fiscal year, covering all accounts and associated activities of the executive branch of the United States Government. The financial statement shall reflect the overall financial position, including assets and liabilities, and results of operations of the executive branch of the United States Government, and shall be prepared in accordance with the form and content requirements set forth by the Director of the Office of Management and Budget. ``(2) The Comptroller General of the United States shall audit the financial statement required by this section.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

TABLE OF CONTENTS: Title I: Limitation on Pay Title II: Human Resource Management Title III: Streamlining Management Control Title IV: Financial Management Government Management Reform Act of 1994 - Title I: Limitation on Pay - Amends the Legislative Reorganization Act of 1946 and other Federal law to limit annual cost of living adjustments for Members of Congress, the Vice President, senior Government officials, and Federal judges. Title II: Human Resource Management - Amends Federal civil service law to eliminate unlimited accumulation of annual leave by members of the Senior Executive Service. Sets a limit on excess leave of 90 days per year. Title III: Streamlining Management Control - Authorizes the Director of OMB to publish annually in the President's Budget any recommendations for the consolidation, elimination, or adjustment in frequency and due dates of statutorily required periodic reports to the Congress or its committees. Title IV: Financial Management - Federal Financial Management Act of 1994 - Amends Federal law to require direct deposit of Federal wage, salary, and retirement payments by electronic funds transfer for recipients who begin receiving such payments on or after January 1, 1995. (Sec. 403) Authorizes the establishment of a franchise fund in each of six executive agencies for the equipment and computer systems necessary for the maintenance and operation of administrative support services that may be performed more advantageously on a centralized basis. Authorizes appropriations. (Sec. 404) Authorizes the Director of the Office of Management and Budget (OMB) to consolidate or adjust the frequency and due dates of statutorily required periodic agency reports to OMB or the President and agency or OMB reports to the Congress under any laws for which OMB has financial management responsibility. (Sec. 405) Requires the annual financial statements of executive agencies to be audited prior to submission to OMB.

{"src": "billsum_train", "title": "Government Management Reform Act of 1994"}

entitled ``Joint Resolution to approve the `Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America', and for other purposes'' approved March 24, 1976 (48 U.S.C. 1801 et seq.), is amended-- (1) by adding at the end the following new sections: ``SEC. 7. LABELING OF TEXTILE FIBER PRODUCTS. ``(a) In General.--No textile fiber product shall have a stamp, tag, label, or other means of identification or substitute therefor on or affixed to the product stating `Made in USA' or otherwise stating or implying that the product was made or assembled in the United States unless-- ``(1) each individual providing direct labor in production of such textile fiber product was paid a wage equal to or greater than the wage set by section 8; ``(2) the product was produced or manufactured in compliance with all Federal laws relating to labor rights and working conditions, including, but not limited to, the National Labor Relations Act, the Occupational Safety and Health Act of 1970, and the Fair Labor Standards Act of 1938; ``(3) the factory or other business concern producing or manufacturing the product, as certified by the Secretary of Labor, has full-time employees in nonmanagerial positions who are citizens or nationals of the United States, aliens lawfully admitted into the United States for permanent residence, citizens of Palau, the Republic of the Marshall Islands, or the Federated States of Micronesia, aliens admitted into the United States as refugees under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157), or aliens granted asylum in the United States under section 208 of that Act (8 U.S.C. 1158), in the following percentages: 25 percent within 6 months after the date of the enactment of this section, 50 percent within 1 year after such date of enactment, and 75 percent within 18 months after such date of enactment; and ``(4) the factory or other business concern producing or manufacturing the product does not employ individuals under conditions of indentured servitude. ``(b) Result of Noncompliance.--A textile fiber product which is stamped, tagged, labeled, or otherwise identified in violation of subsection (a) shall be deemed to be misbranded for purposes of the Textile Fiber Products Identification Act (15 U.S.C. 70 et seq.). ``(c) Definition.--For purposes of this section, the term `direct labor' includes any work provided to prepare, assemble, process, package, or transport a textile fiber product, but does not include supervisory, management, security, or administrative work. ``SEC. 8. MINIMUM WAGE. ``Section 503(c) of the foregoing Covenant shall be construed and applied as if it read as follows: ```(c) The minimum wage provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), shall apply to the Commonwealth of the Northern Mariana Islands, except that-- ```(1) through December 31, 1999, the minimum wage applicable to the Commonwealth of the Northern Mariana Islands shall be $3.55 per hour; ```(2) on January 1, 2000, and on July 1 and January 1 of each year thereafter, the minimum wage applicable to the Commonwealth of the Northern Mariana Islands shall be $0.50 per hour more than the minimum wage that was applicable to the Commonwealth of the Northern Mariana Islands for the preceding 6-month period until the minimum wage applicable to the Commonwealth of the Northern Mariana Islands is equal to the minimum wage rate set forth in section 6(a)(1) of the Fair Labor Standards Act of 1938; and ```(3) after the minimum wage applicable to the Commonwealth of the Northern Mariana Islands is equal to the minimum wage rate set forth in section 6(a)(1) of the Fair Labor Standards Act of 1938, pursuant to paragraph (2), the minimum wage applicable to the Commonwealth of the Northern Mariana Islands shall increase as necessary to remain equal to the minimum wage rate set forth in section 6(a)(1) of the Fair Labor Standards Act of 1938.' ``SEC. 9. CONDITIONS FOR DUTY-FREE AND QUOTA-FREE TREATMENT. ``(a) Conditions.--No product of the Northern Mariana Islands may enter the customs territory of the United States duty-free or not subject to quota as the product of an insular possession, unless-- ``(1) each individual providing direct labor in production of the product was paid a wage equal to or greater than the wage set by section 8; ``(2) the product was produced or manufactured in compliance with all Federal laws relating to labor rights and working conditions, including, but not limited to, the National Labor Relations Act, the Occupational Safety and Health Act of 1970, and the Fair Labor Standards Act of 1938; ``(3) the factory or other business concern producing or manufacturing the product, as certified by the Secretary of Labor, has full-time employees in nonmanagerial positions who are citizens or nationals of the United States, aliens lawfully admitted into the United States for permanent residence, citizens of Palau, the Republic of the Marshall Islands, or the Federated States of Micronesia, persons admitted into the United States under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157), or aliens granted asylum in the United States under section 208 of that Act (8 U.S.C. 1158), in the following percentages: 25 percent within 6 months after the date of the enactment of this section, 50 percent within 1 year after such date of enactment, and 75 percent within 18 months after such date of enactment; ``(4) the factory or other business concern producing or manufacturing the product does not employ individuals under conditions of indentured servitude; and ``(5) the Commissioner of Customs has certified that the Commonwealth of the Northern Mariana Islands is taking adequate measures-- ``(A) to prevent unlawful transshipment of goods that is carried out by rerouting, false declaration concerning country or place of origin, falsification of documents, evasion of United States rules of origin, or any other means; and ``(B) to prevent being used as a transit point for the shipment of goods in violation of the Agreement on Textiles and Clothing referred to in section 101(d)(4) of the Uruguay Round Agreements Act or any other applicable trade agreement. ``(b) Penalties Against Exporters.--If the President determines, based on sufficient evidence, that an exporter has willfully falsified information regarding the country of origin, manufacture, processing, or assembly of a product of the Northern Mariana Islands for which duty-free or quota-free treatment is claimed, then the President shall deny to such exporter, and any successors of such exporter, for a period of 2 years, duty-free and quota-free treatment for such product. ``(c) Definition.--For purposes of this section, the term `direct labor' includes any work provided to prepare, assemble, process, package, or transport a product, but does not include supervisory, management, security, or administrative work.''; and (2) by adding after the new sections added by paragraph (1), the following new section: ``SEC. 10. APPLICABILITY OF IMMIGRATION LAWS. ``Section 506 of the foregoing Covenant shall be construed and applied as if it included at the end the following subsection: ```(e)(1) Subject to paragraphs (2) and (3), the provisions of the Immigration and Nationality Act shall apply to the Northern Mariana Islands as if the Northern Mariana Islands were a State (as defined in section 101(a)(36) of such Act), and a part of the United States (as defined in section 101(a)(38) of such Act). Such Act shall supersede and replace all laws, provisions, or programs of the Commonwealth of the Northern Mariana Islands relating to the admission and removal of aliens from the Northern Mariana Islands. ```(2)(A) Notwithstanding paragraph (1) and subject to subparagraph (C), if the Secretary of Labor, upon receipt of a joint recommendation of the Governor and Legislature of the Commonwealth of the Northern Mariana Islands, finds that exceptional circumstances exist with respect to the inability of employers in the Northern Mariana Islands to obtain sufficient work-authorized labor, the Attorney General may establish a specific number of employment-based immigrant visas to be made available during the following fiscal year under this paragraph and section 203(b) of the Immigration and Nationality Act. ```(B) Upon notification by the Attorney General that a number has been established pursuant to subparagraph (A), the Secretary of State may allocate up to that number of visas without regard to the numerical limitations set forth in sections 202 and 203(b)(3)(B) of the Immigration and Nationality Act. Visa numbers allocated under this subparagraph shall be allocated first from the number of visas available under section 203(b)(3) of the Immigration and Nationality Act, or, if such visa numbers are not available, from the number of visas available under section 203(b)(5) of such Act. ```(C) The authority of the Attorney General and the Secretary of State under subparagraphs (A) and (B) shall expire at the end of the 4th fiscal year following the first fiscal year for which the Attorney General establishes a number pursuant to subparagraph (A). ```(D) Persons granted employment-based immigrant visas under this paragraph may be admitted initially at a port-of-entry in the Northern Mariana Islands, or at a port-of-entry in Guam, for the purpose of immigrating to the Northern Mariana Islands, as lawful permanent residents of the United States. ```(E) Any immigrant visa issued pursuant to this paragraph shall be valid only for application for initial admission to the Northern Mariana Islands. The admission of any alien pursuant to such an immigrant visa shall be an admission for lawful permanent residence and employment only in the Northern Mariana Islands during the first 3 years after such admission. Such admission shall not authorize permanent residence or employment in any other part of the United States during such 3-year period. An alien admitted for permanent residence pursuant to this paragraph shall be issued appropriate documentation identifying the person as having been admitted pursuant to the terms and conditions of this paragraph, and shall be required to comply with a system for the registration and reporting of aliens admitted for permanent residence under this subsection, to be established by the Attorney General under chapter 7 of title II of the Immigration and Nationality Act. ```(F) Nothing in this paragraph shall preclude an alien who has obtained lawful permanent resident status pursuant to this paragraph from applying, if otherwise eligible under this section and under the Immigration and Nationality Act, for an immigrant visa or admission as a lawful permanent resident under the Immigration and Nationality Act. ```(G) Any alien admitted under this paragraph, who violates the provisions of this paragraph, or who is found removable or inadmissible under section 237(a) of the Immigration and Nationality Act, or paragraphs (1), (2), (3), (4)(A), (4)(B), (6), (7), (8), or (9) of section 212(a) of such Act, shall be removed pursuant to chapter 4 of title II of such Act. ```(H) The Attorney General may establish by regulation a procedure by which an alien who has obtained lawful permanent resident status pursuant to this paragraph may apply for a waiver of the limitations on the terms and conditions of such status. The Attorney General may grant the application for waiver, in the discretion of the Attorney General, if: (1) the alien is not in removal proceedings, (2) the alien has been a person of good moral character for the preceding 5 years, (3) the alien has not violated the terms and conditions of the alien's permanent resident status, and (4) the alien would suffer exceptional and extremely unusual hardship were such terms and conditions not waived. ```(I) The limitations on the terms and conditions of an alien's permanent residence set forth in this paragraph shall expire at the end of 3 years after the alien's admission to the Northern Mariana Islands as a permanent resident and the alien is thereafter fully subject to the provisions of the Immigration and Nationality Act. Following the expiration of such limitations, the permanent resident alien may engage in any lawful activity, including employment, anywhere in the United States. ```(3)(A) Except as provided in subparagraph (B), paragraphs (1) and (2) shall take effect after the expiration of the 3-month period beginning on the date of the enactment of the United States- Commonwealth of the Northern Marianas Human Dignity Act. ```(B) With respect to an alien who, as of the last day of the 3- month period beginning on the date of the enactment of the United States-Commonwealth of the Northern Marianas Human Dignity Act, is authorized by the Government of the Northern Mariana Islands (pursuant to the immigration laws of the Commonwealth of the Northern Mariana Islands) to enter into and remain temporarily in the Northern Mariana Islands in order to perform temporary service or labor in the Northern Mariana Islands (and any relatives of the alien if, authorized to accompany or follow to join the alien), paragraphs (1) and (2) shall apply to the alien beginning after the earlier of the following dates: ```(i) The date on which such authorization expires (such authorization not being subject to extension or renewal by the Government of the Northern Mariana Islands after the expiration of the 3-month period beginning on the date of the enactment of the United States-Commonwealth of the Northern Marianas Human Dignity Act). ```(ii) The date that is 2 years after the date of the enactment of the United States-Commonwealth of the Northern Marianas Human Dignity Act. ```(4) When deploying personnel to enforce the provisions of this section, the Attorney General shall coordinate with, and act in conjunction with, State and local law enforcement agencies to ensure that such deployment does not degrade or compromise the law enforcement capabilities and functions currently performed by immigration officers.'.''. SEC. 4. AUTHORITY OF CUSTOMS SERVICE TO BOARD SHIPS. Section 467 of the Tariff Act of 1930 (19 U.S.C. 1467) is amended by striking ``or the Virgin Islands,'' each place it appears and inserting ``, the Virgin Islands, or the Commonwealth of the Northern Mariana Islands,''. SEC. 5. STUDY; REPORT. (a) Study.--A study shall be conducted of the extent of human rights violations and labor rights violations in the Northern Mariana Islands, including the use of forced or indentured labor, and any efforts being taken by the Government of the United States or the Government of the Northern Mariana Islands to address or prohibit such violations. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the Interior shall transmit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the results of the study required by subsection (a). (c) Consultation.--Appropriate local government officials, law enforcement agencies, and nongovernmental organizations active in instituting and protecting human and labor rights may be consulted when conducting the study and preparing the report required by this section. SEC. 6. EFFECT ON OTHER LAW. The provisions of the amendments made by paragraph (1) of section 3 shall be in addition to, but shall not otherwise modify, the requirements of the Textile Fiber Products Identification Act (15 U.S.C. 70 et seq.). SEC. 7. EFFECTIVE DATES. (a) In General.--Except as provided in subsection (b), the amendments made by this Act shall take effect 30 days after the date of the enactment of this Act. (b) Immigration.-- (1) In general.--The amendment made by paragraph (2) of section 3 shall take effect after the expiration of the 3-month period beginning on the date of the enactment of this Act. (2) Exception.--With respect to an alien who, as of the last day of the 3-month period beginning on the date of the enactment of this Act, is authorized by the Government of the Northern Mariana Islands (pursuant to the immigration laws of the Commonwealth of the Northern Mariana Islands) to enter into and remain temporarily in the Northern Mariana Islands in order to perform temporary service or labor in the Northern Mariana Islands (and any relatives of the alien if, authorized to accompany or follow to join the alien), such amendment shall apply to the alien beginning after the earlier of the following dates: (A) The date on which such authorization expires (such authorization not being subject to extension or renewal by the Government of the Northern Mariana Islands after the expiration of the 3-month period beginning on the date of the enactment of this Act). (B) The date that is 2 years after the date of the enactment of this Act. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.

United States-Commonwealth of the Northern Marianas Human Dignity Act - Amends Federal law to prohibit the affixation of the "Made in the USA" label to a textile fiber product from the Northern Mariana Islands unless: (1) each worker producing such product was paid a minimum wage equal to or greater than a specified amount; (2) the product was manufactured in compliance with all Federal labor laws, including, but not limited to, the National Labor Relations Act, the Occupational Safety and Health Act of 1970, and the Fair Labor Standards Act of 1938; (3) the factory or other business producing the product has full-time employees in nonmanagerial positions who are U.S. citizens or nationals, aliens lawfully admitted into the United States for permanent residence, citizens of Palau, the Republic of the Marshall Islands, or the Federated States of Micronesia, aliens admitted into the United States as refugees, or aliens granted asylum in the United States, in specified percentages; and (4) the factory or other business producing the product does not employ individuals under conditions of indentured servitude. (Sec. 3) Applies to the Northern Mariana Islands: (1) the minimum wage provisions of the Fair Labor Standards Act of 1938, as modified by this Act (requires a minimum wage through December 31, 1999, of $3.55 per hour, adjusted semiannually thereafter in $.50 increments until it equals the minimum wage required by the Fair Labor Standards Act of 1938); and (2) the Immigration and Nationality Act. Prohibits any product of the Northern Mariana Islands from entering the customs territory of the United States duty-free or not subject to quota as a product of an insular possession unless specified requirements relating to fair labor practices and country of origin are met. Requires the President, for a two-year period, to deny an exporter duty-free and quota-free treatment if it is determined that such exporter has willfully falsified information regarding the country of origin of a product of the Northern Mariana Islands for which such treatment is claimed. (Sec. 4) Amends the Tariff Act of 1930 to authorize the inspection by the Customs Service of any vessel from a foreign port or from a place in any U.S. territory or possession arriving at a port or place in the Northern Mariana Islands (currently, the United States or the Virgin Islands) (Sec. 5) Requires a study of the extent of human and labor rights violations in the Northern Mariana Islands, including any efforts being taken by the united States or the Government of the Northern Mariana Islands to address or prohibit such violations. Requires a report on the results of the study to specified congressional committees. (Sec. 8) Authorizes appropriations.

{"src": "billsum_train", "title": "United States-Commonwealth of the Northern Marianas Human Dignity Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Spent Nuclear Fuel Storage Act of 1999''. SEC. 2. TABLE OF CONTENTS. Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Definitions. Sec. 4. Findings. Sec. 5. Amendments to the Nuclear Waste Policy Act of 1982. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) the term ``Commission'' means the Nuclear Regulatory Commission; and (2) the term ``Secretary'' means the Secretary of the Department of Energy. SEC. 4. FINDINGS. The Congress finds that-- (1) approximately 35,000 tons of spent nuclear fuel is currently stored at commercial nuclear reactors across the nation; (2) the deep geologic high-level radioactive waste and spent nuclear fuel repository envisioned by the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.) has not been constructed in time to permit the Secretary to receive and accept high-level radioactive waste or spent nuclear fuel as contemplated by sections 123 and 302 of that Act (42 U.S.C. 10143, 10222), with the result that the Secretary will be unable to perform contracts executed pursuant to section 302(a) of that Act with persons who generate or hold title to high- level radioactive waste or spent nuclear fuel; (3) there have been no orders for the development or construction of civilian nuclear power generating facilities since the enactment of the Nuclear Waste Policy Act of 1982; several such facilities that were anticipated when the Act was enacted are not operating now; (4) it does not now appear that a deep geologic high-level radioactive waste and spent nuclear fuel repository will be available before the year 2010 or later; (5) by the time a deep geologic repository is available many currently operating commercial nuclear reactors will need spent fuel storage capacity beyond the maximum now available in at-reactor spent fuel storage pools; nuclear utilities have spent and will spend major sums to construct facilities, including dry cask spent fuel storage facilities, for use in the interim before a deep geologic repository is available; (6) the sums spent for the purposes described in paragraph (5) are the same funds that commercial nuclear utilities intended to contribute to the Nuclear Waste Fund established by section 302 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)); (7) the technology for long-term storage of spent nuclear fuel, including the technology of dry cask storage, has improved dramatically since the enactment of the Nuclear Waste Policy Act of 1982, and is currently licensed by the Commission and in operation in ten sites throughout the country; (8) the existing statutory jurisdiction of the Commission, under the Atomic Energy Act of 1954 (42 U.S.C. 2001 et seq.), the Energy Reorganization Act of 1974 (42 U.S.C. 5801 et seq.), Executive Order 11834 (42 U.S.C. 5801 note), the Nuclear Regulatory Commission Reorganization Plan No. 1 of 1980, and the Commission's various authorization Acts includes the jurisdiction to review and evaluate the spent fuel storage capability of commercial nuclear utilities that hold or seek licenses to receive and possess nuclear materials from the Commission; (9) commercial nuclear utilities that hold licenses to receive and possess nuclear materials are generally well suited to maintain the institutional capability necessary to become stewards of spent nuclear fuel during a period of interim storage; and (10) the increased radioactive decay that will occur in spent nuclear fuel that has been stored for interim periods prior to deliver to the Secretary pursuant to section 123 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10143) will ease and facilitate its subsequent handling, transportation, and final disposal. SEC. 5. AMENDMENTS TO THE NUCLEAR WASTE POLICY ACT OF 1982. Section 302 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222) is amended by inserting at the end thereof the following new subsection: ``(f)(1) Persons holding contracts under this section may, through credits on fee payments under subsection (a)(2), offset the expenses of providing storage of spent fuel the Secretary would have accepted if a facility was available and until the date of the Secretary's first acceptance of that person's spent fuel at a storage or disposal facility authorized by this Act. ``(2) The credits described in paragraph (1)-- ``(A) shall be deducted from each remittance of a person's fee payments to the Nuclear Waste Fund from the time that the person meets the conditions of paragraph (1) until the time that the Secretary first accepts that person's spent fuel at a storage or disposal facility authorized by this Act; and ``(B) shall be in an amount determined by the Secretary to reflect the cost of storage qualifying under subsection (f)(1).''.

Independent Spent Nuclear Fuel Storage Act of 1999 - Amends the Nuclear Waste Policy Act of 1982 to authorize persons holding spent nuclear fuel contracts to offset the expenses of providing storage of such fuel that the Secretary of Energy would have accepted if a facility was available. Authorizes such offset through credits on certain fee payments until the date of the Secretary's first acceptance at an authorized storage or disposal facility.

{"src": "billsum_train", "title": "Independent Spent Nuclear Fuel Storage Act of 1999"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Assistant United States Attorney Retirement Benefit Equity Act of 2005''. SEC. 2. RETIREMENT TREATMENT OF ASSISTANT UNITED STATES ATTORNEYS. (a) Civil Service Retirement System.-- (1) Assistant united states attorney defined.--Section 8331 of title 5, United States Code, is amended-- (A) in paragraph (28), by striking ``and'' at the end; (B) in the first paragraph (29), by striking the period and inserting a semicolon; (C) in the second paragraph (29)-- (i) by striking ``(29)'' and inserting ``(30)''; and (ii) by striking the period and inserting ``; and''; and (D) by adding at the end the following: ``(31) `assistant United States attorney' means-- ``(A) an assistant United States attorney under section 542 of title 28; and ``(B) any other attorney employed by the Department of Justice occupying a position designated by the Attorney General upon finding that the position-- ``(i) involves routine employee responsibilities that are substantially similar to those of assistant United States attorneys; and ``(ii) is critical to the Department's successful accomplishment of an important mission.''. (2) Retirement treatment.--Chapter 83 of title 5, United States Code, is amended by adding after section 8351 the following: ``Sec. 8352. Assistant United States attorneys ``Except as provided under the Assistant United States Attorneys Retirement Benefit Equity Act of 2005 (including the provisions relating to the non-applicability of mandatory separation requirements under section 8335(b) and 8425(b) of this title), an assistant United States attorney shall be treated in the same manner and to the same extent as a law enforcement officer for purposes of this chapter.''. (3) Technical and conforming amendments.--(A) The table of sections for chapter 83 of title 5, United States Code, is amended by inserting after the item relating to section 8351 the following: ``8352. Assistant United States attorneys.'' (B) Section 8335(a) of such title is amended by striking ``8331(29)(A)'' and inserting ``8331(30)(A)''. (b) Federal Employees' Retirement System.-- (1) Assistant united states attorney defined.--Section 8401 of title 5, United States Code, is amended-- (A) in paragraph (34), by striking ``and'' at the end; (B) in paragraph (35), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(36) `assistant United States attorney' means-- ``(A) an assistant United States attorney under section 542 of title 28; and ``(B) any other attorney employed by the Department of Justice occupying a position designated by the Attorney General upon finding that the position-- ``(i) involves routine employee responsibilities that are substantially similar to those of assistant United States attorneys; and ``(ii) is critical to the Department's successful accomplishment of an important mission.''. (2) Retirement treatment.--Section 8402 of title 5, United States Code, is amended by adding at the end the following: ``(h) Except as provided under the Assistant United States Attorneys Retirement Benefit Equity Act of 2005 (including the provisions relating to the non-applicability of mandatory separation requirements under section 8335(b) and 8425(b) of this title), an assistant United States attorney shall be treated in the same manner and to the same extent as a law enforcement officer for purposes of this chapter.''. (c) Mandatory Separation.--Sections 8335(b) and 8425(b) of title 5, United States Code, are amended by adding at the end the following: ``The preceding provisions of this subsection shall not apply in the case of an assistant United States attorney as defined under section 8331(31) or 8401(36).''. (d) Effective Date.--The amendments made by this section shall take effect on the first day of the first applicable pay period beginning on or after 120 days after the date of enactment of this Act. SEC. 3. PROVISIONS RELATING TO INCUMBENTS. (a) Definitions.--In this section-- (1) the term ``assistant United States attorney'' means-- (A) an assistant United States attorney under section 542 of title 28, United States Code; and (B) any other attorney employed by the Department of Justice occupying a position designated by the Attorney General upon finding that the position-- (i) involves routine employee responsibilities that are substantially similar to those of assistant United States attorneys; and (ii) is critical to the Department's successful accomplishment of an important mission; and (2) the term ``incumbent'' means an individual who is serving as an assistant United States attorney on the effective date of this section. (b) Designated Attorneys.--If the Attorney General makes any designation of an attorney to meet the definition under subsection (a)(1)(B) for purposes of being an incumbent under this section-- (1) such designation shall be made before the effective date of this section; and (2) the Attorney General shall submit to the Office of Personnel Management before that effective date-- (A) the name of the individual designated; and (B) the period of service performed by that individual as an assistant United States attorney before that effective date. (c) Notice Requirement.--Not later than 9 months after the date of enactment of this Act, the Department of Justice shall take measures reasonably designed to provide notice to incumbents on-- (1) their election rights under this Act; and (2) the effects of making or not making a timely election under this Act. (d) Election Available to Incumbents.-- (1) In general.--An incumbent may elect, for all purposes, to be treated-- (A) in accordance with the amendments made by this Act; or (B) as if this Act had never been enacted. (2) Failure to elect.--Failure to make a timely election under this subsection shall be treated in the same way as an election under paragraph (1)(A), made on the last day allowable under paragraph (3). (3) Time limitation.--An election under this subsection shall not be effective unless the election is made not later than the earlier of-- (A) 120 days after the date on which the notice under subsection (c) is provided; or (B) the date on which the incumbent involved separates from service. (e) Limited Retroactive Effect.-- (1) Effect on retirement.--In the case of an incumbent who elects (or is deemed to have elected) the option under subsection (d)(1)(A), all service performed by that individual as an assistant United States attorney and, with respect to (B) below, including any service performed by such individual pursuant to an appointment under sections 515, 541, 543, and 546 of title 28, United States Code, shall-- (A) to the extent performed on or after the effective date of that election, be treated in accordance with applicable provisions of subchapter III of chapter 83 or chapter 84 of title 5, United States Code, as amended by this Act; and (B) to the extent performed before the effective date of that election, be treated in accordance with applicable provisions of subchapter III of chapter 83 or chapter 84 of such title, as if the amendments made by this Act had then been in effect. (2) No other retroactive effect.--Nothing in this Act (including the amendments made by this Act) shall affect any of the terms or conditions of an individual's employment (apart from those governed by subchapter III of chapter 83 or chapter 84 of title 5, United States Code) with respect to any period of service preceding the date on which such individual's election under subsection (d) is made (or is deemed to have been made). (f) Individual Contributions for Prior Service.-- (1) In general.--An individual who makes an election under subsection (d)(1)(A) shall, with respect to prior service performed by such individual, deposit, with interest, to the Civil Service Retirement and Disability Fund the difference between the individual contributions that were actually made for such service and the individual contributions that would have been made for such service if the amendments made by section 2 of this Act had then been in effect. (2) Effect of not contributing.--If the deposit required under paragraph (1) is not paid, all prior service of the incumbent shall remain fully creditable as law enforcement officer service, but the resulting annuity shall be reduced in a manner similar to that described in section 8334(d)(2)(B) of title 5, United States Code. This paragraph shall not apply in the case of a disability annuity. (3) Prior service defined.--For purposes of this section, the term ``prior service'' means, with respect to any individual who makes an election (or is deemed to have made an election) under subsection (d)(1)(A), all service performed as an assistant United States attorney, but not exceeding 20 years, performed by such individual before the date as of which applicable retirement deductions begin to be made in accordance with such election. (g) Regulations.--Except as provided under section 4, the Office of Personnel Management shall prescribe regulations necessary to carry out this Act, including provisions under which any interest due on the amount described under subsection (e) shall be determined. (h) Effective Date.--This section shall take effect 120 days after the date of enactment of this Act. SEC. 4. DEPARTMENT OF JUSTICE ADMINISTRATIVE ACTIONS. (a) Regulations.-- (1) In general.--Not later than 120 days after the date of enactment of this Act, the Attorney General, in consultation with the Office of Personnel Management, shall promulgate regulations for designating attorneys described under section 3(a)(1)(B). (2) Contents.--Any regulation promulgated under paragraph (1) shall ensure that attorneys designated as assistant United States attorneys described under section 3(a)(1)(B) have routine employee responsibilities that are substantially similar to those of assistant United States attorneys. (b) Designations.--The designation of any attorney as an assistant United States attorney described under section 3(a)(1)(B) shall be at the discretion of the Attorney General.

Assistant United States Attorney Retirement Benefit Equity Act of 2005 - Grants an assistant United States attorney the same civil service retirement benefits as a law enforcement officer, except as specified. Includes within the definition of "assistant United States attorney" any other attorney employed by the Department of Justice (DOJ) occupying a position designated by the Attorney General upon finding that the position: (1) involves routine employee responsibilities that are substantially similar to those of assistant U.S. attorneys; and (2) is critical to DOJ's successful accomplishment of an important mission. Sets forth provisions regarding the designation of attorneys as assistant U.S. attorneys. Requires DOJ to take measures reasonably designed to provide notice to incumbent assistant U.S. attorneys on their election rights and on the effects of making or not making a timely election. Allows an incumbent to elect, for all purposes, to be treated in accordance with this Act or to be treated as if this Act had never been enacted. Sets forth provisions regarding: (1) time limits for making an election; (2) retroactive effects; and (3) individual contributions for prior service.

{"src": "billsum_train", "title": "A bill to amend title 5, United States Code, to provide to assistant United States attorneys the same retirement benefits as are afforded to Federal law enforcement officers."}

SECTION 1. AMENDMENTS TO THE CENTRAL UTAH PROJECT COMPLETION ACT. (a) Treatment of Investigation Costs.--Section 201(b) of the Central Utah Project Completion Act (106 Stat. 4607) is amended following paragraph (2) by inserting the following: ``All amounts previously expended in planning and developing the projects and features described in this subsection including amounts previously expended for investigation of power features in the Bonneville Unit shall be considered non-reimbursable and non-returnable.''. (b) Clarification of Secretarial Responsibilities.--Section 201(e) of the Central Utah Project Completion Act (106 Stat. 4608) is amended-- (1) in the first sentence-- (A) by striking ``identified in this Act'' and inserting ``identified in this title and the Act of April 11, 1956 (chapter 203; 70 Stat. 110 et seq.), popularly known as the Colorado River Storage Project Act,''; (B) by inserting ``relating to the Bonneville Unit of the Central Utah Project including oversight for all phases of the Bonneville Unit, the administration of all prior and future contracts, operation and maintenance of previously constructed facilities'' before ``and may not delegate''; (C) by striking ``his responsibilities under this Act'' and inserting ``such responsibilities''; and (D) by striking the period after ``Reclamation'' and inserting: ``, except through the pilot management program hereby authorized. The pilot management program will exist for a period not to exceed 5 years and shall provide a mechanism for the Secretary and the District to create a mutually acceptable organization within the Bureau of Reclamation to assist the Secretary in his responsibilities for the long-term management of the Bonneville Unit. Such pilot management program may be extended indefinitely by mutual agreement between the Secretary and the District.''; (2) in the second sentence-- (A) by inserting ``technical'' before ``services''; and (B) by inserting ``for engineering and construction work'' before ``on any project features''; and (3) by inserting at the end thereof the following new sentence: ``These provisions shall not affect the responsibilities of the Bureau of Reclamation and the Western Area Power Administration regarding all matters relating to all Colorado River Storage Project power functions, including all matters affecting the use of power revenues, power rates and ratemaking.''. (c) Municipal and Industrial Water.--Section 202(a)(1)(B) of the Central Utah Project Completion Act (106 Stat. 4608) is amended in the last sentence by inserting ``and municipal and industrial water'' after the word ``basin''. (d) Use of Unexpended Budget Authority.--Section 202(c) of the Central Utah Project Completion Act (106 Stat. 4611) is amended to read as follows: ``The Secretary is authorized to utilize all unexpended budget authority for units of the Central Utah Project up to $300,000,000 and the balance of such budget authority in excess of this amount is deauthorized. Such $300,000,000 may be used to provide 65 percent Federal share pursuant to section 204, to acquire water and water rights for project purposes including instream flows, to complete project facilities authorized in this title and title III, to implement water conservation measures under section 207, including use of reverse osmosis membrane technologies, water recycling, and conjunctive use, to stabilize high mountain lakes and appurtenant facilities, to develop power, and for other purposes. In addition, funds may be provided by the Commission for fish and wildlife purposes. The District shall comply with the provisions of sections 202(a)(1), 205(b), and Title VI with respect to the features to be provided for in this subsection.''. (e) Prepayment of repayment.--Section 210 of the Central Utah Project Completion Act (106 Stat. 4624) is amended-- (1) in the second sentence-- (A) by inserting ``or any additional or supplemental repayment contract'' after ``1985,''; and (B) by inserting ``of the Central Utah Project'' after ``water delivery facilities''; and (2) by striking ``The District shall exercise'' and all that follows through the end of that sentence. SEC. 2. USE OF PROJECT FACILITIES FOR NONPROJECT WATER. The Secretary of the Interior may enter into contracts with the Provo River Water Users Association or any of its member unit contractors for water from Provo River, Utah, under the Act of February 21, 1911 (43 U.S.C. 523), for-- (1) the impounding, storage, and carriage of nonproject water for domestic, municipal, industrial, and other beneficial purposes, using facilities associated with the Provo River Project, Utah; and (2) the exchange of water among Provo River Project contractors, for the purposes set forth in paragraph (1), using facilities associated with the Provo River Project, Utah. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(Sec. 1) Amends the Central Utah Project Completion Act to require all amounts previously expended in planning and developing specified Utah reclamation projects and features, including amounts previously expended for investigation of power features in the Bonneville Unit, to be considered non-reimbursable and non-returnable; (2) require the Secretary of the Interior to carry out responsibilities identified in such Act and the Colorado River Storage Project Act relating to the Bonneville Unit of Central Utah Project, including oversight for all phases of the Unit, administration of prior and future contracts, and operation and maintenance of previously constructed facilities; (3) authorize a pilot management program that shall provide a mechanism for the Secretary and the Central Utah Water Conservancy District to create an organization within the Bureau of Reclamation to assist the Secretary in long-term management responsibilities of the Bonneville Unit; and (4) authorize the Secretary to use Bureau technical services for engineering and construction work on any project features.Authorizes the Secretary to utilize up to $300,000 of all unexpended budget authority for Project units. Deauthorizes the balance in excess of this amount. Allows such amount to be used to provide 65 percent of the Federal share pursuant to the Act to acquire water and water rights for project purposes (including instream flows), to complete specified project facilities, to implement water conservation measures relating to the Project (including the use of reverse osmosis membrane technologies, water recycling, and conjunctive use), to stabilize high mountain lakes and appurtenant facilities, and to develop power.Directs the Secretary to allow for prepayment of any additional or supplemental contracts providing for repayment of Project municipal and industrial water delivery facilities. Repeals a requirement that the District exercise of its prepayment rights by the end of FY 2002.(Sec. 2) Authorizes the Secretary to enter into contracts with the Provo River Water Users Association or any of its member unit contractors for water from Provo River in Utah for: (1) the impounding, storage, and carriage of nonproject water for domestic, municipal, industrial, and other beneficial purposes, using facilities associated with the Provo River Project; and (2) the exchange of water among Provo River Project contractors for such purposes using those facilities.

{"src": "billsum_train", "title": "To amend the Central Utah Project Completion Act to clarify the responsibilities of the Secretary of the Interior with respect to the Central Utah Project, to redirect unexpended budget authority for the Central Utah Project for wastewater treatment and reuse and other purposes, to provide for prepayment of repayment contracts for municipal and industrial water delivery facilities, and to eliminate a deadline for such prepayment."}

SECTION 1. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. (2) Baseline.--The term ``baseline'' means the highest annual rate of energy use for a building during the period beginning on January 1, 2012, and ending on December 31 of the calendar year preceding the calendar year during which the deep energy retrofit of the building commenced. (3) Deep energy retrofit.--The term ``deep energy retrofit'' means a project carried out in a Federal building that results in energy savings in that building of at least 35 percent, and preferably at least 50 percent, relative to the baseline. (4) Energy savings.-- (A) In general.--The term ``energy savings'' means the quantity of energy calculated on an annual basis and equal to the difference between-- (i) the quantity of energy used in a Federal building after a deep energy retrofit; and (ii) the baseline for the building. (B) Calculation.--For purposes of calculating energy savings under subparagraph (A)-- (i) calculations shall be made for electricity separately than other fuels; (ii) conversions from electricity to British thermal units may be permitted; and (iii) the baseline and deep retrofit building consumption data shall be adjusted for any differences in weather, occupancy, and other important usage indicators. (5) Federal building.--The term ``Federal building'' means a building owned by a Federal agency. (6) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 2. DEEP ENERGY RETROFIT PROGRAM. (a) Planning.-- (1) Development.--Not later than 1 year after the date of enactment of this Act, the Administrator and the Secretary shall develop a plan for meeting the 2020 goals described in subsection (b). (2) Agency plans.-- (A) In general.--Not later than July 1, 2018, the head of each Federal agency that owns a Federal building shall submit to the Secretary and the Administrator a plan for deep energy retrofits of at least 50 percent of the Federal buildings of the agency. (B) Technical assistance.--The Secretary, acting through the Federal Energy Management Program and in cooperation with the Administrator, shall provide technical assistance to each Federal agency to carry out subparagraph (A). (b) 2020 Goal.-- (1) In general.--Subject to paragraphs (2) and (3), not later than January 1, 2020, and after consideration of the plans submitted under subsection (a)(1)-- (A) the Administrator shall carry out not fewer than 100 deep energy retrofits; and (B) the Secretary, acting through the Federal Energy Management Program, shall work with Federal agencies (other than the General Services Administration) to carry out not fewer than 50 deep energy retrofits. (2) Minimum energy savings.--In carrying out paragraph (1), the Administrator and the Secretary shall ensure that at least \1/3\ of the total number of energy retrofits achieve energy savings of at least 50 percent. (3) Cost control.--The Secretary and the Administrator may select for deep energy retrofit Federal buildings that-- (A) are scheduled for renovation; or (B) require replacement of major systems. (c) 2030 Goal.-- (1) In general.--Subject to paragraphs (2) and (3), during the 10-year period beginning on January 1, 2020, the Administrator and the Secretary shall carry out deep energy retrofits in not less than 50 percent of the total square footage of Federal buildings remaining for deep energy retrofits after the retrofits carried out under subsection (b) are completed. (2) Minimum energy savings.--In carrying out paragraph (1), the Administrator and the Secretary shall ensure that at least \1/3\ of the total number of energy retrofits achieve energy savings of at least 50 percent. (3) Timing.--Of the 50 percent of the total square footage required for deep energy retrofits under paragraph (1), approximately 5 percent shall be completed during each year of the 10-year period described in that paragraph. (d) 2040 Goal.-- (1) In general.--The Secretary shall set goals for deep energy retrofits during the 10-year period beginning on January 1, 2030, after considering the results of the deep energy retrofits carried out under subsections (b) and (c). (2) Waivers and exceptions.--In setting goals under paragraph (1), the Secretary shall allow waivers and exceptions for-- (A) historic structures; (B) buildings with high energy use for security purposes; and (C) such other special circumstances as the Secretary may determine. (e) Adjustment.--The Secretary may adjust the number of deep energy retrofits required under this section based on the most recent data relating to technical feasibility and economic justification, as determined by the Secretary taking into account the need to achieve positive cashflow over the full life of measures using discount rates designated by the Office of Management and Budget.

This bill directs the General Services Administration and the Department of Energy to develop plans for meeting goals for deep energy retrofits in federal buildings by 2020, 2030, and 2040. A deep energy retrofit is a project carried out in a federal building that results in energy savings in that building of at least 35%, and preferably at least 50%, relative to a baseline rate of energy use.

{"src": "billsum_train", "title": "A bill to require the Administrator of General Services and the Secretary of Energy to set goals for deep energy retrofits in Federal buildings."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``ATM Public Safety and Crime Control Act''. SEC. 2. ENHANCED SECURITY MEASURES REQUIRED AT DEPOSITORY INSTITUTIONS. (a) Banks and Savings Associations.--Section 3 of the Bank Protection Act of 1968 (12 U.S.C. 1882) is amended by adding at the end the following new subsection: ``(c) Enhanced Surveillance Requirements.--With respect to each surveillance camera which a depository institution is required to maintain under the regulations prescribed under subsection (a), each Federal supervisory agency shall prescribe, on the basis of recommendations made by the Director of the Federal Bureau of Investigation pursuant to section 540B(c) of title 28, United States Code, regulations which require the depository institution to-- ``(1) provide lighting and a surveillance camera of sufficient quality to produce surveillance pictures which can be used effectively as evidence in a criminal prosecution of illegal activities at the location monitored by the camera; and ``(2) operate such camera in a manner which does not compromise the quality of the surveillance pictures.''. (b) Credit Unions.--Section 205(e) of the Federal Credit Union Act (12 U.S.C. 1785(e)) is amended-- (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2), the following new paragraph: ``(3) Enhanced surveillance requirements.--With respect to each surveillance camera which an insured credit union is required to maintain under the regulations prescribed under paragraph (1), the Board shall prescribe, on the basis of recommendations made by the Director of the Federal Bureau of Investigation pursuant to section 540B(c) of title 28, United States Code, regulations which require the credit union to-- ``(A) provide lighting and a surveillance camera of sufficient quality to produce surveillance pictures which can be used effectively as evidence in a criminal prosecution of illegal activities at the location monitored by the camera; and ``(B) operate such camera in a manner which does not compromise the quality of the surveillance pictures.''. SEC. 3. STUDY AND TECHNICAL RECOMMENDATIONS BY FBI. (a) In General.--Chapter 33 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 540B. Technical recommendations on surveillance equipment ``(a) Review of Crime Prevention Standards and Procedures.--In order to reduce the incidence of crimes under section 2113 of title 18, other violations of such title, and other criminal activity on the property of or in the vicinity of financial institutions (as defined in section 20 of such title) and to facilitate more effective prosecutions of such crimes, the Director of the Federal Bureau of Investigation shall periodically review the standards and procedures applicable with respect to security requirements established under section 3 of the Bank Protection Act of 1968 and section 205(e) of the Federal Credit Union Act. ``(b) Consultation With Attorney General.--In conducting any review under subsection (a), the Director of the Federal Bureau of Investigation shall consult with the Attorney General to ascertain the extent to which inadequate security measures, or improperly maintained security equipment, at financial institutions has hindered effective prosecutions under section 2113 of title 18, United States Code, or other criminal provisions. ``(c) Recommendations.--Before the end of the 6-month period beginning on the date of the enactment of the ATM Public Safety and Crime Control Act and at such times after such date as the Director of the Federal Bureau of Investigation may determine to be appropriate, the Director shall make technical recommendations to the Federal banking agencies (as defined in section 3 of the Federal Deposit Insurance Act) and the National Credit Union Administration Board on standards and procedures for meeting the purposes of section 3 of the Bank Protection Act of 1968 and section 205(e) of the Federal Credit Union Act.''. (b) Report to Judiciary Committees.--The Director of the Federal Bureau of Investigation shall submit a copy of any recommendations made in accordance with section 540B(c) of title 28, United States Code, to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate at the same time such recommendations are transmitted to the Federal banking agencies and the National Credit Union Administration Board in accordance with such section. (c) Clerical Amendment.--The table of sections for chapter 33 of title 28, United States Code, is amended by inserting after the item relating to section 540A the following new item: ``540B. Technical recommendations on surveillance equipment.''. SEC. 4. INITIAL IMPLEMENTATION OF REGULATIONS. (a) Timetable for Regulations.--The Federal banking agencies and the National Credit Union Administration Board shall prescribe final regulations pursuant to section 3(c) of the Bank Protection Act of 1968 and section 205(c)(3) of the Federal Credit Union Act, respectively, before the end of the 6-month period beginning on the date the technical recommendations of the Director of the Federal Bureau of Investigation are received by such agencies in accordance with section 540B(c) of title 28, United States Code. (b) Effective Date of Regulations.--The regulations referred to in subsection (a) shall require depository institutions and credit unions to achieve compliance with such regulations by the end of the 6-month period beginning on the date the final regulations are published in the Federal Register. SEC. 5. AMENDMENTS TO DEFINITIONS. Section 2 of the Bank Protection Act of 1968 (12 U.S.C. 1881) is amended to read as follows: ``SEC. 2. DEFINITIONS. ``The following definitions shall apply for purposes of this Act: ``(1) Depository institution.--The term `depository institution' has the meaning given to such term in section 3(c) of the Federal Deposit Insurance Act. ``(2) Federal supervisory agency.--The term `Federal supervisory agency' has the meaning given to the term `appropriate Federal banking agency' in section 3 of the Federal Deposit Insurance Act.''.

ATM Public Safety and Crime Control Act - Amends the Bank Protection Act of 1968 and the Federal Credit Union Act to require each Federal supervisory agency for depository institutions to prescribe regulations, pursuant to recommendations made by the Director of the Federal Bureau of Investigation (FBI), mandating lighting and surveillance camera quality sufficient to be used effectively as evidence in a criminal prosecution. Amends Federal law to instruct the FBI Director to: (1) periodically review standards and procedures in connection with enhanced surveillance equipment at depository institutions; (2) make technical recommendations regarding enhanced surveillance to the Federal banking agencies and the National Credit Union Administration Board; and (3) furnish certain congressional committees with copies of such recommendations. Sets a deadline by which the Federal banking agencies and the National Credit Union Administration Board must prescribe final regulations for such enhanced security measures.

{"src": "billsum_train", "title": "ATM Public Safety and Crime Control Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring Integrity in Contracting Act of 2007''. SEC. 2. DEFINITIONS. (a) Corporate Expatriation Transaction Defined.-- (1) In general.--In this Act, the term ``corporate expatriation transaction''-- (A) means any transaction in which-- (i) a foreign corporation (referred to in this section as the ``acquiring corporation'') acquires, as a result of such transaction, directly or indirectly substantially all of the properties held directly or indirectly by a domestic corporation; and (ii) immediately after the transaction, more than 80 percent of the stock (by vote or value) of the acquiring corporation is held by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; and (B) includes any transaction in which-- (i) a foreign corporation acquires, as a result of such transaction, directly or indirectly properties constituting a trade or business of a domestic partnership; and (ii) immediately after the transaction, more than 80 percent of the stock (by vote or value) of the acquiring corporation is held by former partners of the domestic partnership or related foreign partnership (determined without regard to stock of the acquiring corporation which is sold in a public offering related to the transaction). (2) Lower stock ownership threshold for certain acquiring corporations.--Clause (ii) of paragraph (1)(A) shall be applied by substituting ``50 percent'' for ``80 percent'' with respect to any foreign corporation if-- (A) such corporation does not have substantial business activities (when compared to the total business activities of the expanded affiliated group) in the foreign country in which or under the law of which the corporation is created or organized; and (B) the stock of the corporation is publicly traded and the principal market for the public trading of such stock is in the United States. (3) Rules for determining ownership and scope of transaction.--For purposes of this subsection-- (A) a series of related transactions shall be treated as 1 transaction; and (B) stock held by members of the expanded affiliated group which includes the acquiring corporation shall not be taken into account in determining ownership. (b) Other Definitions.--In this Act: (1) Domestic.--The term ``domestic'' means created or organized in the United States or under the law of the United States or of any State. (2) Executive agency.--The term ``executive agency'' has the meaning given the term in section 102 of title 31, United States Code. (3) Expanded affiliated group.--The term ``expanded affiliated group'' means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986, without regard to section 1504(b) of such Code. (4) Foreign subsidiary.--The term ``foreign subsidiary'' means any foreign entity owned or controlled (directly or indirectly) by a potential contractor. (5) State sponsor of terrorism.--The term ``state sponsor of terrorism'' means any government which the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), section 40 of the Arms Export Control Act (22 U.S.C. 2780), or any other provision of law, to be a government that has provided support for acts of international terrorism. (6) Foreign terrorist organization.--The term ``foreign terrorist organization'' means a foreign terrorist organization designated under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). SEC. 3. INELIGIBILITY OF EXPATRIATED CORPORATIONS FOR FEDERAL CONTRACT AWARDS. (a) In General.--No acquiring corporation or any subsidiary of such a corporation that enters into a corporate expatriation transaction after the date of the enactment of this Act shall be eligible to be awarded a Federal contract for the 5-year period beginning on the date that a disclosure regarding such transaction is made under section 5. (b) Penalties for Failure to Disclose.--In the event that the Administrator for Federal Procurement Policy determines that an entity is ineligible for a Federal contract under subsection (a) as a result of a corporate expatriation transaction that the entity fails to disclose under section 5(a), the period of ineligibility-- (1) shall begin on the date that the Administrator makes such determination; and (2) may be extended by the Administrator for a period that is longer than the period otherwise applicable under subsection (a) as a penalty for such failure to disclose. (c) Waiver.-- (1) In general.--Subject to paragraph (2), the President may waive this section with respect to any specific contract if the President certifies to Congress that the waiver is required in the interest of national security. (2) Report.--The President may not carry out a waiver under paragraph (1) until a period of 30 days has expired after the President submits to Congress a report containing the certification described in paragraph (1) and setting forth the rationale for the waiver. SEC. 4. INELIGIBILITY FOR FEDERAL CONTRACT AWARDS OF COMPANIES DOING BUSINESS WITH, AND COMPANIES WITH FOREIGN SUBSIDIARIES DOING BUSINESS WITH, STATE SPONSORS OF TERRORISM OR FOREIGN TERRORIST ORGANIZATIONS. (a) Ineligibility.-- (1) In general.--Except as provided under paragraph (2), any entity doing business with, or having a parent or subsidiary doing business with, a state sponsor of terrorism or foreign terrorist organization after the date of the enactment of this Act shall be ineligible to be awarded a Federal contract for the period described in subsection (b). (2) Exception for entities doing business in compliance with the trade sanctions reform and export enhancement act of 2000.-- (A) Authority unaffected.--Nothing in this section shall be construed to prohibit or restrict an entity from selling food, agricultural commodities, medicine, or medical products to a state sponsor of terrorism or foreign terrorist organization pursuant to section 906 of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7205). (B) Eligibility for contracts unaffected.--No entity selling food, agricultural commodities, medicine, or medical products to a state sponsor of terrorism or foreign terrorist organization in full compliance with the requirements of section 906 of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7205), or any parent or subsidiary of such entity, shall be deemed ineligible to be awarded a Federal contract under subsection (a) as a result of conducting such business. (b) Period of Ineligibility.-- (1) Duration.--The period of ineligibility referred to in subsection (a)(1), as determined by the Administrator for Federal Procurement Policy, in cooperation with the Secretary of State, shall be-- (A) 5 years for a first offense; (B) 10 years for a second offense; and (C) 15 years for any offense after a second offense. (2) Commencement.--The period of ineligibility under this subsection shall begin on the date that a contractor makes a disclosure under section 5 that, according to the criteria under such section, the contractor is doing or has done business with, or has a subsidiary that is doing or has done business with, a state sponsor of terrorism or foreign terrorist organization. (3) Penalties for failure to disclose.--In the event that the Administrator for Federal Procurement Policy determines that an entity is ineligible for a Federal contract under subsection (a) as a result of a transaction or activity that the entity fails to disclose under section 5(a), the period of ineligibility-- (A) shall begin on the date that the Administrator makes such determination; and (B) may be extended by the Administrator for a period longer than the period otherwise applicable under paragraph (1) as a penalty for such failure to disclose. (c) Complaints.-- (1) In general.--Any United States citizen may file a complaint with an executive agency regarding a Federal contractor that has committed an offense under this section. (2) Report.--The head of each executive agency shall submit to Congress an annual report on the complaints received by citizens under this subsection, including the nature of the complaint and the manner in which the agency handled the complaint. SEC. 5. DISCLOSURE REQUIREMENTS. (a) Certification.--Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulation issued pursuant to section 25 of the Office of Federal Procurement Policy Act (41 U.S.C. 421) shall be revised to require that every contractor that submits a bid for a government contract shall be required to submit with such bid a certification describing-- (1) whether the contractor or the contractor's parent company has entered into a corporate expatriation transaction after the date of the enactment of this Act; and (2) whether the contractor, the contractor's domestic parent company, or any other domestic subsidiaries of the domestic parent company are doing business, or own a foreign subsidiary that is doing business, or has done business since the date of the enactment of this Act, with a state sponsor of terrorism or a foreign terrorist organization. (b) Information Sharing.--The head of each executive agency shall regularly transmit information disclosed pursuant to subsection (a) to the Administrator for Federal Procurement Policy. (c) Database.--The Office of Federal Procurement Policy Act (41 U.S.C. 403 et seq.) is amended by adding at the end the following new section: ``SEC. 43. DATABASE OF CORPORATE EXPATRIATION TRANSACTIONS AND TRANSACTIONS WITH STATE SPONSORS OF TERRORISM OR FOREIGN TERRORIST ORGANIZATIONS. ``(a) Database.--The Administrator for Federal Procurement Policy shall establish and maintain a database listing each contractor that, after the date of the enactment of the Restoring Integrity in Contracting Act of 2007-- ``(1) has entered into a corporate expatriation transaction, or has a parent company that has entered into such a transaction; or ``(2) has done business with, or owns a foreign subsidiary that has done business with, a state sponsor of terrorism or a foreign terrorist organization, or has a domestic parent company that has done, or has any other domestic subsidiaries that have done, such business. ``(b) Collection of Information.--The Administrator shall establish and maintain the database under subsection (a) using information compiled from certifications submitted by contractors pursuant to section 5(a) of the Restoring Integrity in Contracting Act of 2007. ``(c) Corporate Expatriation Transaction Defined.-- ``(1) In general.--In this section, the term `corporate expatriation transaction'-- ``(A) means any transaction in which-- ``(i) a foreign corporation (referred to in this section as the `acquiring corporation') acquires, as a result of such transaction, directly or indirectly substantially all of the properties held directly or indirectly by a domestic corporation; and ``(ii) immediately after the transaction, more than 80 percent of the stock (by vote or value) of the acquiring corporation is held by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; and ``(B) includes any transaction in which-- ``(i) a foreign corporation acquires, as a result of such transaction, directly or indirectly properties constituting a trade or business of a domestic partnership; and ``(ii) immediately after the transaction, more than 80 percent of the stock (by vote or value) of the acquiring corporation is held by former partners of the domestic partnership or related foreign partnership (determined without regard to stock of the acquiring corporation which is sold in a public offering related to the transaction). ``(2) Lower stock ownership threshold for certain acquiring corporations.--Clause (ii) of paragraph (1)(A) shall be applied by substituting `50 percent' for `80 percent' with respect to any foreign corporation if-- ``(A) such corporation does not have substantial business activities (when compared to the total business activities of the expanded affiliated group) in the foreign country in which or under the law of which the corporation is created or organized; and ``(B) the stock of the corporation is publicly traded and the principal market for the public trading of such stock is in the United States. ``(3) Rules for determining ownership and scope of transaction.--For purposes of this subsection-- ``(A) a series of related transactions shall be treated as 1 transaction; and ``(B) stock held by members of the expanded affiliated group which includes the acquiring corporation shall not be taken into account in determining ownership. ``(d) Other Definitions.--In this section: ``(1) Domestic.--The term `domestic' means created or organized in the United States or under the law of the United States or of any State. ``(2) Expanded affiliated group.--The term `expanded affiliated group' means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986, without regard to section 1504(b) of such Code. ``(3) Foreign subsidiary.--The term `foreign subsidiary' means any foreign entity owned or controlled (directly or indirectly) by a potential contractor. ``(4) State sponsor of terrorism.--The term `state sponsor of terrorism' means any government which the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), section 40 of the Arms Export Control Act (22 U.S.C. 2780), or any other provision of law, to be a government that has provided support for acts of international terrorism. ``(5) Foreign terrorist organization.--The term `foreign terrorist organization' means a foreign terrorist organization designated under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).''.

Restoring Integrity in Contracting Act of 2007 - Disqualifies an acquiring corporation, or any subsidiary of such a corporation, that enters into a corporate expatriation transaction from federal contract awards for five years. Authorizes the Administrator for Federal Procurement Policy to extend the period of ineligibility as a penalty for failure to disclose such a transaction. Authorizes a presidential waiver in the interest of national security. Disqualifies any entity doing business with, or having a parent or subsidiary doing business with, a state sponsor of terrorism or foreign terrorist organization from federal contract awards for at least five years. Exempts entities selling food, agricultural commodities, medicine, or medical products under the Trade Sanctions Reform and Export Enhancement Act of 2000. Requires the revision of the Federal Acquisition Regulation issued under the Office of Federal Procurement Policy Act to require every contractor that submits a bid for a government contract to submit a certification describing whether: (1) the contractor or a parent company has entered into a corporate expatriation transaction; and (2) the contractor, a domestic parent company, or any subsidiary is doing or has done business with a state sponsor of terrorism or a foreign terrorist organization. Amends the Office of Federal Procurement Policy Act to require the Administrator to establish and maintain a database of corporate expatriation transactions and transactions with state sponsors of terrorism or foreign terrorist organizations.

{"src": "billsum_train", "title": "A bill to make ineligible for Federal contract awards any expatriated corporations and any companies that do business with, or own foreign subsidiaries that do business with, state sponsors of terrorism or foreign terrorist organizations."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Truth in Regulations Act of 2017''. SEC. 2. AGENCY STANDARDS FOR GUIDANCE DOCUMENTS. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget. (2) Agency.--The term ``agency'' has the meaning given the term in section 3502 of title 44, United States Code. (3) Guidance document.--The term ``guidance document''-- (A) means an agency statement of general applicability and future effect, other than a regulatory action, that sets forth a policy on a statutory, regulatory, or technical issue or an interpretation of a statutory or regulatory issue; and (B) does not include-- (i) a legal advisory opinion for internal executive branch use and not for release (such as Department of Justice Office of Legal Counsel opinions); (ii) a brief or other position taken by an agency in an investigation, pre-litigation, litigation, or other enforcement proceeding; (iii) a speech, editorial, media interview, press material, or congressional correspondence; (iv) a guidance document that relates to a military or foreign affairs function of the United States (other than a guidance document on procurement or the import or export of non- defense articles and services); (v) a grant solicitation, warning letter, or case or investigatory letter responding to a complaint involving a fact-specific determination; (vi) a purely internal agency policy; (vii) a guidance document that relates to the use, operation, or control of a government facility; (viii) an internal guidance document directed solely to other agencies; or (ix) any other category of guidance documents exempted by the head of an agency, in consultation with the Administrator. (4) Regulation.--The term ``regulation'' means an agency statement of general applicability and future effect, which the agency intends to have the force and effect of law, that is designed to implement, interpret, or prescribe law or policy or to describe the procedure or practice requirements of an agency. (5) Regulatory action.--The term ``regulatory action'' means any substantive action by an agency (normally published in the Federal Register) that promulgates or is expected to lead to the promulgation of a final regulation, including notices of inquiry, advance notices of inquiry and notices of proposed rule making. (b) Approval Procedures.-- (1) In general.--Except as provided in paragraph (2), not later than 210 days after the date of enactment of this Act, the head of each agency shall develop or have written procedures for the approval of guidance documents, which shall ensure that the issuance of guidance documents is approved by each appropriate senior agency official. (2) Exception.--An employee of an agency may not deviate from the requirements of the procedures developed pursuant to paragraph (1) unless-- (A) the employee has submitted an appropriate justification to a supervisor who is an appropriate senior agency official described paragraph (1) or the head of the agency; and (B) the supervisor or head of the agency has agreed to the deviation. (c) Contents of Guidance Document.-- (1) Requirements.--Each guidance document issued by an agency shall include the following: (A) The term ``guidance'' or a functional equivalent of that term. (B) An identification of each agency and office issuing the document. (C) An identification of the activity to which and the person to whom the guidance document applies. (D) The date of issuance. (E) If the document is a revision to a previously issued guidance document, a notation of such and an identification of the document replaced. (F) The title of the document and any identification number, if applicable. (G) A citation to the statutory provision or regulation to which the document applies or interprets. (2) Prohibited.--A guidance document may not include mandatory language such as ``shall'', ``must'', ``required'', or ``requirement'', unless-- (A) the agency is using these words to describe a statutory or regulatory requirement; (B) the language is addressed to agency employees; or (C) the prohibition against that mandatory language prevents agency consideration of a position advanced by any affected private party. (d) Public Access and Feedback for Guidance Documents.-- (1) Internet access.-- (A) List required.--The head of each agency shall maintain on the website of the agency a list of each guidance document in effect, which shall include the following: (i) The name of each guidance document. (ii) Any document identification number. (iii) The dates of issuance and revision. (iv) An identification of which documents have been added, revised, or withdrawn during the previous year. (B) Link to document required.--The head of the agency shall provide a link from the list described in subparagraph (A) to each such guidance document. (C) Updates to website.--Not later than 30 days after the date on which a guidance document is issued, the head of the agency shall update the list of guidance documents and links described in this paragraph accordingly. (2) Public feedback.-- (A) Submission of public comments.-- (i) In general.--Not later than 60 days after the date of enactment of this Act, the head of each agency shall establish and prominently display on the website of the agency a means for the public-- (I) to electronically submit comments on any guidance document; and (II) to electronically submit a request for issuance, reconsideration, modification, or rescission of any guidance document. (ii) No response required.--Any public comment submitted under this paragraph is for the benefit of the agency, and a formal response to any such comment by the agency is not required. (B) Complaints by the public.--The head of each agency shall-- (i) designate one or more offices to receive and address complaints submitted by the public that the agency is not following the procedures in this section or is improperly treating a guidance document as a binding requirement; and (ii) provide, on the website of the agency, the name and contact information for any office described in clause (i). (e) Notice and Public Comment for Guidance Documents.-- (1) In general.--Except as provided in paragraph (2), not later than 60 days after the date on which an agency prepares a draft of a guidance document, the agency shall complete the following requirements: (A) Publish a notice in the Federal Register announcing that the draft document is available. (B) Post the draft document on the website of the agency and make the draft publicly available in hard copy (or notify the public how the guidance document may be reviewed if not in a format that permits electronic posting with reasonable efforts). (C) Invite public comment on the draft document. (D) Prepare and post on the website of the agency a response-to-comments document. (2) Exemptions.--Notwithstanding paragraph (1), the head of an agency, in consultation with the Administrator, may designate a guidance document or group of guidance documents as exempt from the requirements of this section for being not feasible or appropriate. (f) Exigent Circumstances.-- (1) In general.--In an imminent threat to public health or safety or similar exigent circumstance exists or when an agency is required by law to act more quickly than the procedures described in this section allow, the head of the agency shall certify the circumstance to the Administrator as soon as possible and, to the extent practicable, comply with this section. (2) Other deadlines.--For any guidance document that is governed by a statutory or court-imposed deadline, the agency shall, to the extent practicable, schedule any proceeding for such document to permit sufficient time to comply with this section. (g) Applicability.--This section does not affect the authority of an agency to communicate the views of the agency in court or in any other enforcement proceeding. (h) Effective Date.--The requirements of this section shall take effect 180 days after the date of enactment of this Act. SEC. 3. LIMITATIONS ON USE OF INTERIM FINAL RULES. (a) Enhanced Showing Required for Interim Final Rules.--Section 553(b)(B) of title 5, United States Code, is amended by striking ``for good cause'' and all that follows through the period at the end and inserting the following: ``determines that an imminent threat to public health or safety or similar exigent circumstance exists.''. (b) Required Publication or Service Date.--Section 553(d)(3) of title 5, United States Code, is amended to read as follows: ``(3) in the case of any rule to which the exception under subsection (b)(B) applies.''. (c) Lookback Period for Interim Final Rules.--Section 553 of title 5, United States Code, is amended by adding at the end the following: ``(f) In the case of a rule making in which the exception under subsection (b)(B) was applied, by not later than 18 months after the rule takes effect, the agency shall provide for a period in which interested persons may submit written data, views, or arguments, in the same manner as submissions under subsection (c), shall give such submissions due consideration, and, if appropriate, repeal or amend the rule accordingly.''.

Truth in Regulations Act of 2017 This bill requires agencies to have written procedures to ensure that an issuance of policy guidance documents (other than regulatory actions) is approved by each appropriate senior agency official unless a supervisor or agency head has agreed to an employee's justification to deviate from the requirements. An agency must also maintain on its website a list of, links to, and a means for the public to comment on and request issuance, modification, or rescission of, such documents. A guidance document may not include mandatory language unless: (1) the agency is describing a statutory or regulatory requirement, (2) the language is addressed to agency employees, or (3) the prohibition against that mandatory language prevents agency consideration of a position advanced by an affected private party. The bill requires agencies to publish drafts of guidance documents for public comment. The bill replaces the "good cause" exception to proposed rulemaking notice and publication requirements with an exception that applies if the agency determines that an imminent threat to public health or safety or a similar exigent circumstance exists. When such exception is applied, the agency, within 18 months after the rule takes effect, shall: (1) provide for a period in which interested persons may submit written data, views, or arguments; and (2) consider such submissions and, if appropriate, repeal or amend the rule.

{"src": "billsum_train", "title": "Truth in Regulations Act of 2017"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Liver Research Enhancement Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) An estimated 25,000,000 people in the United States are affected by a liver or liver-related disease. (2) In excess of $5,500,000,000 is spent annually to provide medical care for people in the United States with liver disease. (3) There are over 4,000,000 people in the United States who are or have been infected with hepatitis C, 2,700,000 of whom are chronically infected. (4) Due to limited research, current treatments for hepatitis C are effective in fewer than 50 percent of the cases. (5) A vaccine has not been developed for hepatitis C. (6) There are 8,000 to 10,000 deaths each year due to hepatitis C, and the annual death total is projected to increase to 30,000 each year absent increased public health and research interventions. (7) Chronic infection with hepatitis B or C is associated with an increased incidence of primary liver cancer, once a rare malignancy in the United States. (8) There are 1,250,000 people in the United States who have been infected with hepatitis B. (9) Up to 15 percent of Asian and Pacific-Islander Americans are chronically infected with hepatitis B. (10) Fifteen out of every 100,000 people in the United States are affected by a chronic, life-threatening disease known as primary biliary cirrhosis (PBC), and 95 percent of those affected are women. (11) There is an emerging obesity-related chronic liver disease, nonalcoholic fatty liver disease (NAFLD), which may affect as many as 1 in every 4 adults over the age of 18. (12) There are 15,000 children hospitalized in the United States each year due to liver disease. (13) The only option for many individuals with liver disease is a liver transplant. (14) There are over 17,500 people in the United States on the waiting list for a liver transplant, but because of the limited supply of livers available for transplantation only approximately 5,100 transplants are performed each year. (15) There are 1,300 people in the United States who die each year waiting for a liver transplant, and that number is expected to increase. (16) To address the public health threat posed by liver disease, there is a need for the establishment of a National Center on Liver Disease Research to provide dedicated scientific leadership, to create a research action plan, and to ensure the funding of the scientific opportunities identified by the plan. SEC. 3. NATIONAL CENTER ON LIVER DISEASE RESEARCH. Subpart 3 of part C of title IV of the Public Health Service Act (42 U.S.C. 285c, et seq.) is amended by adding at the end the following: ``national center on liver disease research ``Sec. 434B. (a) Establishment.--There is established the National Center on Liver Disease Research (hereafter in this section referred to as the `Center') in the National Institute of Diabetes and Digestive and Kidney Diseases. ``(b) Director.--The Center shall be headed by a Director, who shall be appointed by the Director of the Institute, in consultation with the Director of NIH, from among individuals with the highest scientific credentials. The Director of the Center shall report directly to the Director of the Institute. ``(c) Duties.--To ensure the development of increased understanding of and better treatments and cures for liver diseases through a dedicated scientific leadership and an adequate allocation of resources, the Director shall-- ``(1) assist the Liver Disease Research Advisory Board to develop the Liver Disease Research Action Plan; and ``(2) encourage and coordinate the implementation of the Plan by the national research institutes, including by issuing research solicitations and by using all other available mechanisms. ``(d) Liver Disease Research Advisory Board.-- ``(1) Establishment.--Not later than 90 days after the date of the enactment of this Act, the Director of NIH shall establish a board to be known as the Liver Disease Research Advisory Board (hereafter in this section referred to as the ``Advisory Board''). ``(2) Duties.--The Advisory Board shall advise and assist the Director of the Center concerning matters relating to liver disease research, including by developing and revising the Liver Disease Research Action Plan in accordance with subsection (e). ``(3) Voting members.--The Advisory Board shall be composed of 18 voting members appointed by the Director of NIH, in consultation with the Director of the Institute, of whom 12 shall be eminent scientists and 6 shall be lay persons. The Director of NIH, in consultation with the Director of the Institute, shall select 1 of the members to serve as the Chair of the Advisory Board. ``(4) Ex officio members.--The Director of NIH shall appoint each director of a national research institute that funds liver disease research to serve as a nonvoting, ex officio member of the Advisory Board. The Director of NIH shall invite 1 representative of the Centers for Disease Prevention and Control, 1 representative of the Food and Drug Administration, and 1 representative of the Department of Veterans Affairs to serve as such a member. Each ex officio member of the Advisory Board may appoint an individual to serve as that member's representative on the Advisory Board. ``(e) Liver Disease Research Action Plan.-- ``(1) Development.--Not later than 15 months after the date of the enactment of this Act, the Advisory Board shall develop (with appropriate support from the Director and staff of the Center) a comprehensive plan for the conduct and support of liver disease research to be known as the Liver Disease Research Action Plan. The Advisory Board shall submit the Plan to the Director of NIH and the head of each institute or center within the National Institutes of Health that funds liver disease research. ``(2) Content.--The Liver Disease Research Action Plan shall identify scientific opportunities and priorities of liver disease research necessary to increase understanding of and to prevent, cure, and develop better treatment protocols for liver diseases. ``(3) Revision.--The Advisory Board shall revise every 3 years the Liver Disease Research Action Plan, but shall meet annually to review progress and to amend the Plan as may be appropriate because of new scientific discoveries. ``(f) Allocation of Funds.--Subject to the availability of appropriations, the Director of each institute or center within the National Institutes of Health shall allocate to liver disease research through peer-reviewed methods, the amounts necessary to fund existing scientific research opportunities and, subject to completion and subsequent updates of the Liver Disease Research Action Plan, amounts adequate to carry out the recommendations of the Plan.''.

Liver Research Enhancement Act - Amends the Public Health Service Act to establish the National Center on Liver Disease Research in the National Institute of Diabetes and Digestive and Kidney Diseases.Establishes the Liver Disease Research Advisory Board to help the Director of the Center develop the Liver Disease Research Action Plan identifying scientific opportunities and priorities of liver disease research. Requires the Director to coordinate the Plan's implementation by the national research institutes, which shall allocate adequate funds for same.

{"src": "billsum_train", "title": "To establish the National Center on Liver Disease Research, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Overdraft Protection Fair Practices Act''. SEC. 2. RESTRICTIONS ON OVERDRAFT PROTECTION PROGRAMS OR SERVICES. (a) Truth in Lending Act Amendments.-- (1) Definition.--Section 103 of the Truth in Lending Act (15 U.S.C. 1602) is amended by adding at the end the following new subsection: ``(cc) Terms Relating to Short-Term Extensions of Credit Under Overdraft Protection Programs.-- ``(1) Overdraft protection fee.--The term `overdraft protection fee' means any fee or charge imposed in connection with any account on which checks or other debits are paid by the institution in which such account is held even though there are insufficient funds in the account to cover such checks or other debits, unless such fee or charge-- ``(A) is imposed on an incidental basis as a customer accommodation and no more than 3 such overdraft fees are imposed during any calendar year; ``(B) is imposed in connection with an extension of credit through an overdraft line of credit program where such fee or charge was considered a finance charge under this title, as in effect immediately prior to the enactment of the Consumer Overdraft Protection Fair Practices Act; or ``(C) has been disclosed in connection with a program under which the overdraft is covered by funds transferred from another deposit, share, or other asset account. ``(2) Other terms.-- ``(A) Check.--The term `check' has the same meaning as in section 3(6) of the Check Clearing for the 21st Century Act. ``(B) Other debits.--The term `other debits' includes withdrawals from an account by the consumer through an automated teller machine and electronic fund transfers from an account that are initiated or authorized by the consumer. ``(C) Electronic fund transfer.--The term `electronic fund transfer' has the same meaning as in section 903. ``(D) Account.--The term `account' means any account intended for use by and generally used by a consumer primarily for personal, family, or household purposes into which the consumer deposits funds. ``(E) Transaction account.--The term `transaction account' has the same meaning as in section 19(b)(1)(C) of the Federal Reserve Act.''. (2) Restrictions on overdraft protection programs or services.-- (A) In general.--Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended by adding at the end the following new section: ``Sec. 140. Restrictions on overdraft protection programs or services ``(a) In General.--In the case of any transaction account of a consumer at any institution, no overdraft protection fee may be imposed on such account for any extension of funds by the institution to cover any check or other debit for which there are insufficient funds in the consumer's account to pay such check or other debit, unless-- ``(1) the consumer has provided specific written consent to any program or service that provides for charging of such fees in connection with any such extension of funds; ``(2) such fee is imposed pursuant to the terms of a written agreement with the consumer which discloses, in a clear and conspicuous manner-- ``(A) the amount of any fee imposed in connection with paying an overdraft; ``(B) any applicable disclosure required by this title in connection with such extension of credit, including the disclosures required by section 127; ``(C) the categories of transactions for which a fee for payment of an overdraft may be imposed, including whether an overdraft created by withdrawals at automated teller machines or other electronic fund transfers will be covered and a fee imposed; ``(D) the time period by which the consumer must repay or cover any extension of credit in the form of payment of an overdraft; and ``(E) the circumstances under which the institution in which an account is held will not pay an overdraft; and ``(F) other information required to be disclosed by regulation; ``(3) such fee is separately and conspicuously disclosed, each time the fee is imposed, in any periodic statement provided to the consumer with respect to such account and is included in the calculation of the annual percentage rate as required by sections 107 and 127(b)(6). ``(b) Clarification Relating to Overdraft Fees.--In the case of any transaction account of a consumer at any institution, the prohibition against an overdraft protection fee under subsection (a) shall apply regardless of whether the amount of such fee is the same as, or less than, any fee imposed by the institution with respect to such account for a check or other debit that is returned unpaid. ``(c) Prohibition on Misrepresentations.--If any institution-- ``(1) will not extend funds under specific circumstances to cover an overdraft in any transaction account of a consumer at the institution; or ``(2) reserves the right to extend funds to pay any such overdraft on a discretionary basis, any representation by such institution that the institution will extend credit to cover all overdrafts on such account shall be a violation of this title.''. (B) Clerical amendment.--The table of sections for chapter 2 of the Truth in Lending Act is amended by inserting after the item relating to section 139 the following new item: ``140. Restrictions on overdraft protection programs or services.''. (3) Restrictions on advertising of overdraft protection programs or services.-- (A) In general.--Chapter 3 of the Truth in Lending Act (15 U.S.C. 1661 et seq.) is amended by adding at the end the following new section: ``Sec. 148. Restrictions on advertising of overdraft protection programs or services ``(a) In General.--In the case of an institution that maintains transaction accounts for consumers and offers a program or service under which the institution pays any overdraft on the account in exchange for payment of an overdraft protection fee, the institution may not make any of the following representations or statements with respect to such program or service in any advertisement or promotion: ``(1) Any representation or statement describing a transaction account as free or no cost if the account includes, or is promoted as including, overdraft protection services that involve the payment of overdraft protection fees. ``(2) Any representation or statement encouraging use of the account as a service to meet short-term credit needs or to obtain advances on a consumer's next payment of salary, wages, benefits, or other income. ``(3) Any representation or statement that the financial institution will honor all checks or other debits presented against the account, if the institution retains discretion at any time not to honor any check or other debit presented. ``(b) Regulations.--The Board shall prescribe regulations implementing the restrictions set forth in subsection (a) pursuant to the authority of the Board under section 18(f) of the Federal Trade Commission Act, and may, by regulation or order, restrict such additional acts or practices that the Board finds to be unfair or deceptive in connection with the offering, operation, and advertising of overdraft protection programs and services.''. (B) Clerical amendment.--The table of sections for chapter 3 of the Truth in Lending Act is amended by inserting after the item relating to section 147 the following new item: ``148. Restrictions on advertising of overdraft protection programs or services.''. (4) Clarification of finance charge.--Section 106(a) of the Truth in Lending Act (15 U.S.C. 1605(a)) is amended by adding at the end the following new paragraph: ``(7) Overdraft protection fee.''. (b) Electronic Fund Transfer Act Amendments.--Section 904 of the Electronic Fund Transfer Act (15 U.S.C. 1693b) is amended by adding at the end the following new subsection: ``(e) Restrictions on Overdraft Protection Services and Fees.-- ``(1) In general.--A financial institution that holds a consumer's account may not impose an overdraft protection fee on the account in connection with any payment of an electronic fund transfer initiated by the consumer at an automated teller machine in spite of a lack of sufficient funds in the consumer's account to pay such electronic fund transfer, unless-- ``(A) the consumer has affirmatively requested such service pursuant to section 140(a)(1), including specific consent to allowing overdrafts at an automated teller machine or by debit card at a point-of-sale terminal; ``(B) the financial has provided a notice to the consumer after the transaction is initiated and before the consumer is irrevocably committed to completing the transaction, that the electronic fund transfer the consumer has requested will result in an overdraft protection fee, together with the amount of any such fee; ``(C) the consumer elects to continue in the manner necessary to effect the requested electronic fund transfer after receiving such notice; and ``(D) the overdraft protection fee imposed in connection with such transaction is clearly disclosed in the written documentation of the electronic fund transfer required by section 906(a). ``(2) Prohibition on fee in absence of notice.--If the notice required by paragraph (1)(B) is not feasible, the financial institution may not charge an overdraft protection fee in connection with any payment of an electronic fund transfer initiated by the consumer at an automated teller machine or by debit card at a point-of-sale terminal in spite of a lack of sufficient funds in the consumer's account to pay such electronic fund transfer. ``(3) Disclosure of account balances.--In the case of any financial institution that offers a program or service under which the institution pays any overdraft on a consumer's account in exchange for the imposition of an overdraft protection fee in accordance with paragraph (1), the financial institution shall, in response to a balance inquiry initiated by the consumer at an automated teller machine operated by the financial institution, disclose only the actual dollar balance in the consumer's account at the time of the request, which shall not include any additional amount of credit or overdraft protection the financial institution will pay under any agreement with the consumer that permits the imposition of the overdraft protection fee. ``(4) Overdraft protection fee defined.--For purposes of this subsection, the term `overdraft protection fee' has the same meaning as in section 103(cc)(1).''. (c) Expedited Funds Availability Act Amendments.-- (1) Definition.--Section 602 of the Expedited Funds Availability Act (12 U.S.C. 4001) is amended by adding at the end the following new paragraph: ``(26) Overdraft protection fee.--The term `overdraft protection fee' has the same meaning as in section 103(cc)(1) of the Truth in Lending Act.''. (2) Restrictions on overdraft protection fees.--Section 607 of the Expedited Funds Availability Act (12 U.S.C. 4006) is amended by adding at the end the following new subsection: ``(f) Restrictions on Overdraft Protection Fees.--A depository institution may not-- ``(1) impose an overdraft protection fee on an account at such institution for paying any check drawn on the account in spite of a lack of sufficient funds in the account to pay such check or any similar activity unless the accountholder has affirmatively requested such service pursuant to section 140(a)(1) of the Truth in Lending Act; or ``(2) engage in a pattern or practice of delaying the posting of any deposit in an account, or manipulating the process of posting any check or other debit against an account, if such pattern or practice results in 1 or more overdrafts that trigger payment by the accountholder of an overdraft protection fee.''.

Consumer Overdraft Protection Fair Practices Act - Amends the Truth in Lending Act to set forth restrictions on: (1) overdraft protection programs or services for consumers; and (2) representations or statements with respect to such a program or service in any advertisement or promotion. Amends the Electronic Fund Transfer Act and the Expedited Funds Availability Act to set forth restrictions on overdraft protection programs or services for consumers.

{"src": "billsum_train", "title": "To extend the protections of the Truth in Lending Act to overdraft protection programs and services provided by depository institutions, to require customer consent before a depository institution may initiate overdraft protection services and fees, to enhance the information made available to consumers relating to overdraft protection services and fees, to prohibit systematic manipulation in the posting of checks and other debits to a depository account for the purpose of generating overdraft protection fees, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gulf War Veterans' Iraqi Claims Protection Act of 1998''. SEC. 2. ADJUDICATION OF CLAIMS. (a) Claims Against Iraq.--The United States Commission is authorized to receive and determine the validity and amounts of any claims by nationals of the United States against the Government of Iraq. (b) Decision Rules.--In deciding claims under subsection (a), the United States Commission shall apply, in the following order-- (1) applicable substantive law, including international law; and (2) applicable principles of justice and equity. (c) Priority Claims.--Before deciding any other claim against the Government of Iraq, the United States Commission shall, to the extent practical, decide all pending non-commercial claims of active, retired, or reserve members of the United States Armed Forces, retired former members of the United States Armed Forces, and other individuals arising out of Iraq's invasion and occupation of Kuwait or out of the 1987 attack on the USS Stark. (d) Applicability of International Claims Settlement Act.--To the extent they are not inconsistent with the provisions of this Act, the provisions of title I (other than section 2(c)) and title VII of the International Claims Settlement Act of 1949 (22 U.S.C. 1621-1627 and 1645-1645o) shall apply with respect to claims under this Act. SEC. 3. CLAIMS FUNDS. (a) Iraq Claims Fund.--The Secretary of the Treasury is authorized to establish in the Treasury of the United States a fund (hereafter in this Act referred to as the ``Iraq Claims Fund'') for payment of claims under section 2(a). The Secretary of the Treasury shall cover into the Iraq Claims Fund such amounts as are allocated to such fund pursuant to subsection (b). (b) Allocation of Proceeds From Iraqi Asset Liquidation.-- (1) In general.--The President shall allocate funds resulting from the liquidation of assets pursuant to section 4 in the manner the President determines appropriate between the Iraq Claims Fund and such other accounts as are appropriate for the payment of claims of the United States Government, subject to the limitation in paragraph (2). (2) Limitation.--The amount allocated pursuant to this subsection for payment of claims of the United States Government may not exceed the amount which bears the same relation to the amount allocated to the Iraq Claims Fund pursuant to this subsection as the sum of all certified claims of the United States Government bears to the sum of all claims certified under section 2(a). As used in this paragraph, the term ``certified claims of the United States Government'' means those claims of the United States Government which are determined by the Secretary of State to be outside the jurisdiction of the United Nations Commission and which are determined to be valid, and whose amount has been certified, under such procedures as the President may establish. SEC. 4. AUTHORITY TO VEST IRAQI ASSETS. The President is authorized to vest and liquidate as much of the assets of the Government of Iraq in the United States that have been blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) as may be necessary to satisfy claims under section 2(a), as well as claims of the United States Government against Iraq which are determined by the Secretary of State to be outside the jurisdiction of the United Nations Commission. SEC. 5. REIMBURSEMENT FOR ADMINISTRATIVE EXPENSES. (a) Deduction.--In order to reimburse the United States Government for its expenses in administering this Act, the Secretary of the Treasury shall deduct 1.5 percent of any amount covered into the Iraq Claims Fund. (b) Deductions Treated as Miscellaneous Receipts.--Amounts deducted pursuant to subsection (a) shall be deposited in the Treasury of the United States as miscellaneous receipts. SEC. 6. PAYMENTS. (a) In General.--The United States Commission shall certify to the Secretary of the Treasury each award made pursuant to section 2. The Secretary of the Treasury shall make payment, out of the Iraq Claims Fund, in the following order of priority to the extent funds are available in such fund: (1) Payment of $10,000 or the principal amount of the award, whichever is less. (2) For each claim that has priority under section 2(c), payment of a further $90,000 toward the unpaid balance of the principal amount of the award. (3) Payments from time to time in ratable proportions on account of the unpaid balance of the principal amounts of all awards according to the proportions which the unpaid balance of such awards bear to the total amount in the Iraq Claims Fund that is available for distribution at the time such payments are made. (4) After payment has been made of the principal amounts of all such awards, pro rata payments on account of accrued interest on such awards as bear interest. (5) After payment has been made in full of all the awards payable out of the Iraq Claims Fund, any funds remaining in that fund shall be transferred to the general fund of the Treasury of the United States. (b) Unsatisfied Claims.--Payment of any award made pursuant to this Act shall not extinguish any unsatisfied claim, or be construed to have divested any claimant, or the United States on his or her behalf, of any rights against the Government of Iraq with respect to any unsatisfied claim. SEC. 7. AUTHORITY TO TRANSFER RECORDS. The head of any Executive agency may transfer or otherwise make available to the United States Commission such records and documents relating to claims authorized to be adjudicated by this Act as may be required by the United States Commission in carrying out its functions under this Act. SEC. 8. STATUTE OF LIMITATIONS; DISPOSITION OF UNUSED FUNDS. (a) Statute of Limitations.--Any demand or claim for payment on account of an award that is certified under this Act shall be barred one year after the publication date of the notice required by subsection (b). (b) Publication of Notice.-- (1) In general.--At the end of the 9-year period specified in paragraph (2), the Secretary of the Treasury shall publish a notice in the Federal Register detailing the statute of limitations provided for in subsection (a) and identifying the claim numbers and awardee names of unpaid certified claims. (2) Publication date.--The notice required by paragraph (1) shall be published 9 years after the last date on which the Secretary of the Treasury covers into the Iraq Claims Fund amounts allocated to that fund pursuant to section 3(b). (c) Disposition of Unused Funds.-- (1) Disposition.--At the end of the 2-year period beginning on the publication date of the notice required by subsection (b), the Secretary of the Treasury shall dispose of all unused funds described in paragraph (2) by depositing in the Treasury of the United States as miscellaneous receipts any such funds that are not used for such additional payments. (2) Unused funds.--The unused funds referred to in paragraph (1) are any remaining balance in the Iraq Claims Fund. SEC. 9. DEFINITIONS. As used in this Act: (1) Executive agency.--The term ``Executive agency'' has the meaning given that term by section 105 of title 5, United States Code. (2) Government of iraq.--The term ``Government of Iraq'' includes agencies, instrumentalities, and controlled entities (including public sector enterprises) of that government. (3) United nations commission.--The term ``United Nations Commission'' means the United Nations Compensation Commission established pursuant to United Nations Security Council Resolution 687 (1991). (4) United states commission.--The term ``United States Commission'' means the Foreign Claims Settlement Commission of the United States.

Gulf War Veterans' Iraqi Claims Protection Act of 1998 - Authorizes the Foreign Claims Settlement Commission of the United States (U.S. Commission) to receive and determine the validity of claims by U.S. nationals against the Government of Iraq, giving first priority to non-commercial claims of members of the U.S. armed forces and other individuals arising out of Iraq's invasion and occupation of Kuwait, or out of the 1987 attack on the USS Stark. Authorizes the Secretary of the Treasury to establish in the Treasury an Iraq Claims Fund for the payment of such claims. Authorizes the President, subject to specified limitations, to vest and liquidate Iraqi Government assets in the United States that have been blocked pursuant to the International Emergency Economic Powers Act, and allocate the proceeds to the Fund to satisfy claims against the Government of Iraq by U.S. nationals, as well as claims of the U.S. Government that are outside the jurisdiction of the United Nations Compensation Commission. Provides for the reimbursement to the U.S. Government of expenses incurred in administering this Act. Establishes an order of priority for payment of claims. Directs the U.S. Commission to certify to the Secretary each award made under this Act. Sets forth a ten-year statute of limitations on any demand or claim for the payment of such an award.

{"src": "billsum_train", "title": "Gulf War Veterans' Iraqi Claims Protection Act of 1998"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pedestrian Safety Enhancement Act of 2010'. SEC. 2. DEFINITIONS. As used in this Act-- (1) the term ``Secretary'' means the Secretary of Transportation; (2) the term ``alert sound'' (herein referred to as the ``sound'') means a vehicle-emitted sound to enable pedestrians to discern vehicle presence, direction, location, and operation; (3) the term ``cross-over speed'' means the speed at which tire noise, wind resistance, or other factors eliminate the need for a separate alert sound as determined by the Secretary; (4) the term ``motor vehicle'' has the meaning given such term in section 30102(a)(6) of title 49, United States Code, except that such term shall not include a trailer (as such term is defined in section 571.3 of title 49, Code of Federal Regulations); (5) the term ``conventional motor vehicle'' means a motor vehicle powered by a gasoline, diesel, or alternative fueled internal combustion engine as its sole means of propulsion; (6) the term ``manufacturer'' has the meaning given such term in section 30102(a)(5) of title 49, United States Code; (7) the term ``dealer'' has the meaning given such term in section 30102(a)(1) of title 49, United States Code; (8) the term ``defect'' has the meaning given such term in section 30102(a)(2) of title 49, United States Code; (9) the term ``hybrid vehicle'' means a motor vehicle which has more than one means of propulsion; and (10) the term ``electric vehicle'' means a motor vehicle with an electric motor as its sole means of propulsion. SEC. 3. MINIMUM SOUND REQUIREMENT FOR MOTOR VEHICLES. (a) Rulemaking Required.--Not later than 18 months after the date of enactment of this Act the Secretary shall initiate rulemaking, under section 30111 of title 49, United States Code, to promulgate a motor vehicle safety standard-- (1) establishing performance requirements for an alert sound that allows blind and other pedestrians to reasonably detect a nearby electric or hybrid vehicle operating below the cross-over speed, if any; and (2) requiring new electric or hybrid vehicles to provide an alert sound conforming to the requirements of the motor vehicle safety standard established under this subsection. The motor vehicle safety standard established under this subsection shall not require either driver or pedestrian activation of the alert sound and shall allow the pedestrian to reasonably detect a nearby electric or hybrid vehicle in critical operating scenarios including, but not limited to, constant speed, accelerating, or decelerating. The Secretary shall allow manufacturers to provide each vehicle with one or more sounds that comply with the motor vehicle safety standard at the time of manufacture. Further, the Secretary shall require manufacturers to provide, within reasonable manufacturing tolerances, the same sound or set of sounds for all vehicles of the same make and model and shall prohibit manufacturers from providing any mechanism for anyone other than the manufacturer or the dealer to disable, alter, replace, or modify the sound or set of sounds, except that the manufacturer or dealer may alter, replace, or modify the sound or set of sounds in order to remedy a defect or non-compliance with the motor vehicle safety standard. The Secretary shall promulgate the required motor vehicle safety standard pursuant to this subsection not later than 36 months after the date of enactment of this Act. (b) Consideration.--When conducting the required rulemaking, the Secretary shall-- (1) determine the minimum level of sound emitted from a motor vehicle that is necessary to provide blind and other pedestrians with the information needed to reasonably detect a nearby electric or hybrid vehicle operating at or below the cross-over speed, if any; (2) determine the performance requirements for an alert sound that is recognizable to a pedestrian as a motor vehicle in operation; and (3) consider the overall community noise impact. (c) Phase-in Required.--The motor vehicle safety standard prescribed pursuant to subsection (a) of this section shall establish a phase-in period for compliance, as determined by the Secretary, and shall require full compliance with the required motor vehicle safety standard for motor vehicles manufactured on or after September 1st of the calendar year that begins 3 years after the date on which the final rule is issued. (d) Required Consultation.--When conducting the required study and rulemaking, the Secretary shall-- (1) consult with the Environmental Protection Agency to assure that the motor vehicle safety standard is consistent with existing noise requirements overseen by the Agency; (2) consult consumer groups representing individuals who are blind; (3) consult with automobile manufacturers and professional organizations representing them; (4) consult technical standardization organizations responsible for measurement methods such as the Society of Automotive Engineers, the International Organization for Standardization, and the United Nations Economic Commission for Europe, World Forum for Harmonization of Vehicle Regulations. (e) Required Study and Report to Congress.--Not later than 48 months after the date of enactment of this Act, the Secretary shall complete a study and report to Congress as to whether there exists a safety need to apply the motor vehicle safety standard required by subsection (a) to conventional motor vehicles. In the event that the Secretary determines there exists a safety need, the Secretary shall initiate rulemaking under section 30111 of title 49, United States Code, to extend the standard to conventional motor vehicles. SEC. 4. FUNDING. Notwithstanding any other provision of law, $2,000,000 of any amounts made available to the Secretary of Transportation under under section 406 of title 23, United States Code, shall be made available to the Administrator of the National Highway Transportation Safety Administration for carrying out section 3 of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Pedestrian Safety Enhancement Act of 2010 - Directs the Secretary of Transportation to initiate a rulemaking to promulgate a phased-in motor vehicle safety standard: (1) establishing performance requirements for an alert sound that allows blind and other pedestrians to detect a nearby electric or hybrid vehicle operating below the cross-over speed, if any; and (2) requiring such vehicles to provide an alert sound conforming to established standard requirements. Prescribes requirements for such standards. Prohibits requiring either driver or pedestrian activation of the alert sound. Directs the Secretary to study and report to Congress on whether there is a safety need to apply such standard to conventional motor vehicles. Requires the allocation of certain funds to the Administrator of the National Highway Transportation Safety Administration (NHTSA) to carry out this rulemaking.

{"src": "billsum_train", "title": "A bill to direct the Secretary of Transportation to study and establish a motor vehicle safety standard that provides for a means of alerting blind and other pedestrians of motor vehicle operation."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Older Workers Against Discrimination Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) In enacting section 107 of the Civil Rights Act of 1991 (adding section 703(m) of the Civil Rights Act of 1964), Congress reaffirmed its understanding that unlawful discrimination is often difficult to detect and prove because discriminators do not usually admit their discrimination and often try to conceal their true motives. Section 703(m) of the Civil Rights Act of 1964 expressly approved so-called ``mixed motive'' claims, providing that an unlawful employment practice is established when a protected characteristic was a motivating factor for any employment practice, even though other factors also motivated the practice. (2) Congress enacted amendments to other civil rights statutes, including the Age Discrimination in Employment Act of 1967 (referred to in this section as the ``ADEA''), the Americans with Disabilities Act of 1990, and the Rehabilitation Act of 1973, but Congress did not expressly amend those statutes to address mixed motive discrimination. (3) In the case of Gross v. FBL Financial Services, Inc., 557 U.S. 167 (2009), the Supreme Court held that, because Congress did not expressly amend the ADEA to address mixed motive claims, such claims were unavailable under the ADEA, and instead the complainant bears the burden of proving that a protected characteristic or protected activity was the ``but for'' cause of an unlawful employment practice. This decision has significantly narrowed the scope of protections afforded by the statutes that were not expressly amended in 1991 to address mixed motive claims. (b) Purposes.--The purposes of this Act are-- (1) to clarify congressional intent that mixed motive claims shall be available, and that a complaining party need not prove that a protected characteristic or protected activity was the ``but for'' cause of an unlawful employment practice, under the ADEA and similar civil rights provisions; (2) to reject the Supreme Court's reasoning in the Gross decision that Congress' failure to amend any statute other than title VII of the Civil Rights Act of 1964 (with respect to discrimination claims), in enacting section 107 of the Civil Rights Act of 1991, suggests that Congress intended to disallow mixed motive claims under other statutes; and (3) to clarify that complaining parties-- (A) may rely on any type or form of admissible evidence to establish their claims of an unlawful employment practice; (B) are not required to demonstrate that the protected characteristic or activity was the sole cause of the employment practice; and (C) may demonstrate an unlawful employment practice through any available method of proof or analytical framework. SEC. 3. STANDARDS OF PROOF. (a) Age Discrimination in Employment Act of 1967.-- (1) Clarifying prohibition against impermissible consideration of age in employment practices.--Section 4 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 623) is amended by inserting after subsection (f) the following: ``(g)(1) Except as otherwise provided in this Act, an unlawful practice is established under this Act when the complaining party demonstrates that age or an activity protected by subsection (d) was a motivating factor for any practice, even though other factors also motivated the practice. ``(2) In establishing an unlawful practice under this Act, including under paragraph (1) or by any other method of proof, a complaining party-- ``(A) may rely on any type or form of admissible evidence and need only produce evidence sufficient for a reasonable trier of fact to find that an unlawful practice occurred under this Act; and ``(B) shall not be required to demonstrate that age or an activity protected by subsection (d) was the sole cause of a practice.''. (2) Remedies.--Section 7 of such Act (29 U.S.C. 626) is amended-- (A) in subsection (b)-- (i) in the first sentence, by striking ``The'' and inserting ``(1) The''; (ii) in the third sentence, by striking ``Amounts'' and inserting the following: ``(2) Amounts''; (iii) in the fifth sentence, by striking ``Before'' and inserting the following: ``(4) Before''; and (iv) by inserting before paragraph (4), as designated by clause (iii) of this subparagraph, the following: ``(3) On a claim in which an individual demonstrates that age was a motivating factor for any employment practice, under section 4(g)(1), and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor, the court-- ``(A) may grant declaratory relief, injunctive relief (except as provided in subparagraph (B)), and attorney's fees and costs demonstrated to be directly attributable only to the pursuit of a claim under section 4(g)(1); and ``(B) shall not award damages or issue an order requiring any admission, reinstatement, hiring, promotion, or payment.''; and (B) in subsection (c)(1), by striking ``Any'' and inserting ``Subject to subsection (b)(3), any''. (3) Definitions.--Section 11 of such Act (29 U.S.C. 630) is amended by adding at the end the following: ``(m) The term `demonstrates' means meets the burdens of production and persuasion.''. (4) Federal employees.--Section 15 of such Act (29 U.S.C. 633a) is amended by adding at the end the following: ``(h) Sections 4(g) and 7(b)(3) shall apply to mixed motive claims (involving practices described in section 4(g)(1)) under this section.''. (b) Title VII of the Civil Rights Act of 1964.-- (1) Clarifying prohibition against impermissible consideration of race, color, religion, sex, or national origin in employment practices.--Section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2) is amended by striking subsection (m) and inserting the following: ``(m) Except as otherwise provided in this title, an unlawful employment practice is established under this title when the complaining party demonstrates that race, color, religion, sex, or national origin or an activity protected by section 704(a) was a motivating factor for any employment practice, even though other factors also motivated the practice.''. (2) Federal employees.--Section 717 of such Act (42 U.S.C. 2000e-16) is amended by adding at the end the following: ``(g) Sections 703(m) and 706(g)(2)(B) shall apply to mixed motive cases (involving practices described in section 703(m)) under this section.''. (c) Americans With Disabilities Act of 1990.-- (1) Definitions.--Section 101 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111) is amended by adding at the end the following: ``(11) Demonstrates.--The term `demonstrates' means meets the burdens of production and persuasion.''. (2) Clarifying prohibition against impermissible consideration of disability in employment practices.--Section 102 of such Act (42 U.S.C. 12112) is amended by adding at the end the following: ``(e) Proof.-- ``(1) Establishment.--Except as otherwise provided in this Act, a discriminatory practice is established under this Act when the complaining party demonstrates that disability or an activity protected by subsection (a) or (b) of section 503 was a motivating factor for any employment practice, even though other factors also motivated the practice. ``(2) Demonstration.--In establishing a discriminatory practice under paragraph (1) or by any other method of proof, a complaining party-- ``(A) may rely on any type or form of admissible evidence and need only produce evidence sufficient for a reasonable trier of fact to find that a discriminatory practice occurred under this Act; and ``(B) shall not be required to demonstrate that disability or an activity protected by subsection (a) or (b) of section 503 was the sole cause of an employment practice.''. (3) Certain antiretaliation claims.--Section 503(c) of such Act (42 U.S.C. 12203(c)) is amended-- (A) by striking ``The remedies'' and inserting the following: ``(1) In general.--Except as provided in paragraph (2), the remedies''; and (B) by adding at the end the following: ``(2) Certain antiretaliation claims.--Section 107(c) shall apply to claims under section 102(e)(1) with respect to title I.''. (4) Remedies.--Section 107 of such Act (42 U.S.C. 12117) is amended by adding at the end the following: ``(c) Discriminatory Motivating Factor.--On a claim in which an individual demonstrates that disability was a motivating factor for any employment practice, under section 102(e)(1), and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor, the court-- ``(1) may grant declaratory relief, injunctive relief (except as provided in paragraph (2)), and attorney's fees and costs demonstrated to be directly attributable only to the pursuit of a claim under section 102(e)(1); and ``(2) shall not award damages or issue an order requiring any admission, reinstatement, hiring, promotion, or payment.''. (d) Rehabilitation Act of 1973.-- (1) In general.--Sections 501(g), 503(d), and 504(d) of the Rehabilitation Act of 1973 (29 U.S.C. 791(g), 793(d), and 794(d)), are each amended by adding after the words ``title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.)'' the following: ``, including the standards of causation or methods of proof applied under section 102(e) of that Act (42 U.S.C. 12112(e)),''. (2) Federal employees.--The amendment made by paragraph (1) to section 501(g) shall be construed to apply to all employees covered by section 501. SEC. 4. APPLICATION. This Act, and the amendments made by this Act, shall apply to all claims pending on or after the date of enactment of this Act.

Protecting Older Workers Against Discrimination Act - Amends the Age Discrimination in Employment Act of 1967 to specify that an unlawful employment practice is established when the complaining party demonstrates that age or participation in investigations, proceedings, or litigation under such Act was a motivating factor for any practice, even though other factors also motivated the practice (thereby allowing what are commonly known as "mixed motive" claims). Permits a complaining party to rely on any type or form of admissible evidence, which need only be sufficient for a reasonable trier of fact to find that an unlawful practice occurred. Declares that a complaining party shall not be required to demonstrate that age or retaliation was the sole cause of a practice (thereby rejecting the Supreme Court decision in Gross v. FBL Financial Services, Inc., which requires a complainant to prove that age was the "but-for" cause for the employer's decision). Authorizes the court, on a claim in which an individual demonstrates that age was a motivating factor for any employment practice and in which a respondent demonstrates that the same action would have been taken in the absence of the impermissible motivating factor, to grant declaratory relief, injunctive relief, and attorney's fees and costs directly attributable only to the pursuit of a claim. Prohibits the court in such an instance from awarding damages or issuing an order requiring any admission, reinstatement, hiring, promotion, or payment. Applies the same standard of proof to other employment discrimination and retaliation claims, including claims under the Civil Rights Act of 1964, the Americans With Disabilities Act of 1990, the Rehabilitation Act of 1973, and similar laws concerning federal employees.

{"src": "billsum_train", "title": "Protecting Older Workers Against Discrimination Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``VA Acquisition Workforce Improvement and Streamlining Act''. SEC. 2. IMPROVEMENT TO HIRING AND TRAINING OF ACQUISITION PERSONNEL OF DEPARTMENT OF VETERANS AFFAIRS. (a) Training and Certification Programs.-- (1) Programs.--Not later than September 30 of the fiscal year following the fiscal year during which this Act is enacted, the Secretary shall implement covered training curricula and covered certification programs. (2) Consideration of relevant programs of department of defense.--In designing and implementing covered training curricula and covered certification programs under paragraph (1), the Secretary shall use as models existing training curricula and certification programs that have been established under chapter 87 of title 10, United States Code, as determined relevant by the Secretary. (3) Method of training.--The Secretary may develop the training curricula under paragraph (1) in a manner that provides such training in any combination of-- (A) training provided in person; (B) training provided over an internet website; or (C) training provided by another department or agency of the Federal Government. (4) Levels of certifications.--The Secretary may develop the certification programs under paragraph (1) in a manner that uses-- (A) one level of certification; or (B) more than one level of certification, as determined appropriate by the Secretary with respect to the level of certification for different grades of the General Schedule. (5) Initial goal.--Not later than September 30 of the second fiscal year following the fiscal year during which this Act is enacted, the Secretary shall ensure that the majority of employees subject to the covered certification programs achieve the certification or the appropriate level of certification pursuant to paragraph (4)(B), as the case may be. (6) Subsequent goal.--After carrying out paragraph (5), the Secretary shall ensure that each employee subject to the covered certification programs achieves the certification or the appropriate level of certification pursuant to paragraph (4)(B), as the case may be, as quickly as practicable. (b) Improvements to Hiring of Entry-Level Positions.-- (1) Priority.--The Secretary of Veterans Affairs shall prioritize the use of acquisition internship programs to hire employees to entry-level positions relating to acquisition in the Department of Veterans Affairs. (2) Goal.--Not later than September 30 of the fiscal year following the fiscal year during which this Act is enacted, the Secretary shall ensure that the annual number of participants in acquisition internship programs is-- (A) not fewer than twice the number of participants in such programs during fiscal year 2017; and (B) not more than four times the number of participants in such program during such fiscal year. (3) Duration.--The Secretary shall carry out paragraph (2) until the date on which the Secretary certifies to the Committees on Veterans' Affairs of the House of Representatives and the Senate that the projected number of graduates of acquisition internship programs is sufficient to satisfy the human capital needs of the Department with respect to acquisition, taking into account the rate of attrition and projected retirements of personnel. (c) Transfers.-- (1) Authority.--In addition to any other transfer authority of the Secretary, the Secretary may transfer or reprogram amounts identified under section 3 as cost savings in order to make such amounts available for-- (A) the salaries and travel expenses of participants in acquisition internship programs; (B) covered training programs; or (C) the design and implementation of covered certification programs. (2) Authorizations.--A transfer made from one account to another under the authority of paragraph (1) shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred. SEC. 3. IMPROVEMENT TO EFFICIENCY OF ACQUISITION ORGANIZATIONS OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) Plan.--The Secretary shall develop a plan to reduce duplication and to increase efficiencies with respect to the acquisition functions of the Department of Veterans Affairs, with an emphasis on procurement and logistics functions, in a manner that achieves cost savings in an amount necessary to carry out section 2. The Secretary shall ensure that such plan-- (1) in all respects and to the greatest extent practicable, seeks to place procurement employees and logistics employees in close geographic proximity to the other employees of the Department for whom the procurement employees and logistics employees procure supplies or services; (2) does not place any procurement employee in a formal reporting or subordinate-supervisor relationship with an employee of the Department for whom the procurement employee procures supplies or services; and (3) may not achieve cost savings through demotions, furloughs, or liquidations, as defined in part 351 of title 5, Code of Federal Regulations. (b) Matters Included.--In developing the plan under subsection (a), the Secretary shall determine whether to carry out the following activities: (1) Consolidate or abolish (and transfer functions to the procurement or logistics activities of individual facilities of the Veterans Health Administration, the Network Contracting Offices of the Veterans Health Administration, the Procurement and Logistics Office of the Veterans Health Administration, or the Office of Acquisition, Logistics, and Construction of the Department)-- (A) the Service Area Office East; (B) the Service Area Office Central; (C) the Service Area Office West; and (D) the Program Contacting Activity Central Office. (2) With respect to the functions of the Procurement and Logistics Office of the Veterans Health Administration and the Office of Acquisition, Logistics, and Construction of the Department, consolidate one or more of the following functions into one of the respective offices: (A) Policy making functions. (B) Contract quality assurance and review functions. (C) Real property management functions. (D) Business operations functions. (E) Health care acquisition. (F) Logistics functions. (c) Submission.--Not later than 180 days after the fiscal year during which this Act is enacted, the Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate the plan developed under subsection (a). (d) Implementation.--The Secretary shall commence implementation of the plan developed under subsection (a) beginning on the date that is 30 days after submitting the plan under subsection (c). SEC. 4. DEFINITIONS. In this Act: (1) The term ``acquisition internship programs'' means programs administered by the Secretary of Veterans Affairs, including the Warriors to Workforce Program and the Acquisition Intern Program, under which the Secretary employs-- (A) a veteran, while the veteran earns an undergraduate degree and completes foundational training courses relating to acquisition; or (B) an individual who completes progressive training courses relating to acquisition and participates in rotational work assignments relating to acquisition. (2) The term ``covered certification programs'' means-- (A) with respect to logistics employees, a program to certify knowledge and skills relating to logistics; and (B) with respect to employees of the Department who are members of occupational series relating to construction or facilities management, or who award or administer contracts for major construction, minor construction, or non-recurring maintenance, including as contract specialists or contracting officers' representatives, a program to certify knowledge and skills relating to construction or facilities management. (3) The term ``covered training curricula'' means-- (A) with respect to logistics employees, a training curriculum relating to logistics; and (B) with respect to employees specified in paragraph (2)(B), a training curriculum relating to construction or facilities management. (4) The term ``logistics'' includes supply chain management. (5) The term ``logistics employee'' means an employee of the Department of Veterans Affairs who is a member of an occupational series relating to logistics, or who performs logistics functions within the Office of Acquisition, Logistics, and Construction of the Department or the Veterans Health Administration. (6) The term ``procurement employee'' means an employee of the Department who is a member of an occupational series relating to procurement.

VA Acquisition Workforce Improvement and Streamlining Act This bill directs the Department of Veterans Affairs (VA) to implement certain training curricula and certification programs for specified logistics, construction, or facilities management employees of VA or the Veterans Health Administration (VHA). The VA may develop: (1) curricula in a manner that provides such training in person, over a website, or by another federal agency; and (2) certification programs in a manner that uses either one level of certification or more than one level as appropriate for different grades of the General Schedule. The VA shall prioritize the use of acquisition internship programs to hire employees in entry-level, acquisition positions. The VA shall develop a plan to reduce duplication and increase efficiencies of the VA's acquisition functions in a manner that achieves cost savings necessary to carry out such training, certification, and acquisition internship programs. The VA shall determine whether to: (1) consolidate or abolish certain service area and program contacting activity offices and transfer their functions to certain other VA or VHA facilities; and (2) consolidate specified functions of the VA's Office of Acquisition, Logistics, and Construction and the VHA's Procurement and Logistics Office into one such office.

{"src": "billsum_train", "title": "VA Acquisition Workforce Improvement and Streamlining Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Patent Litigation and Innovation Act of 2013''. SEC. 2. PLEADING REQUIREMENTS. (a) In General.--Chapter 29 of title 35, United States Code, is amended by inserting after section 281 the following: ``Sec. 281A. Pleading requirements for patent infringement actions ``In a civil action arising under any Act of Congress relating to patents, a party alleging infringement shall include in the initial complaint, counterclaim, or cross-claim for patent infringement-- ``(1) an identification of each patent allegedly infringed; ``(2) an identification of each claim of each patent identified under paragraph (1) that is allegedly infringed; ``(3) for each claim identified under paragraph (2), an identification of each accused apparatus, product, feature, device, method, system, process, function, act, service, or other instrumentality (referred to in this section as an `accused instrumentality') alleged to infringe the claim; ``(4) for each accused instrumentality identified under paragraph (3), an identification with particularity, if known, of-- ``(A) the name or model number of the accused instrumentality; and ``(B) the name of each accused method, system, process, function, act, or service, or the name or model number of each apparatus, product, feature, or device that, when used, allegedly results in the practice of the claimed invention; ``(5) for each accused instrumentality identified under paragraph (3), an explanation of-- ``(A) where each element of each asserted claim identified under paragraph (2) is found within the accused instrumentality; ``(B) whether each such element is infringed literally or under the doctrine of equivalents; and ``(C) with detailed specificity, how the terms in each asserted claim identified under paragraph (2) correspond to the functionality of the accused instrumentality; ``(6) for each claim that is alleged to have been infringed indirectly, a description of-- ``(A) the direct infringement; ``(B) any person alleged to be a direct infringer known to the party alleging infringement; and ``(C) the acts of the alleged indirect infringer that contribute to or are inducing the direct infringement; ``(7) a description of the right of the party alleging infringement to assert each-- ``(A) patent identified under paragraph (1); and ``(B) patent claim identified in paragraph (2); ``(8) a description of the principal business of the party alleging infringement; ``(9) the identity of any person, other than the party alleging infringement, who is known to the party alleging infringement, and who-- ``(A) owns or co-owns a patent identified under paragraph (1); ``(B) is the assignee of a patent identified under paragraph (1); or ``(C) is an exclusive licensee to a patent identified under paragraph (1); and ``(10) the identity of any person, other than the party alleging infringement, who is known to the party alleging infringement, and who has a legal or financial right to enforce a patent identified under paragraph (1).''. (b) Technical and Conforming Amendment.--The table of sections for chapter 29 of title 35, United States Code, is amended by inserting after the item relating to section 281 the following: ``281A. Pleading requirements for patent infringement actions.''. (c) Review of Form 18.--Not later than 12 months after the date of the enactment of this Act, the Supreme Court shall review and amend Form 18 of the Federal Rules of Civil Procedure to ensure that Form 18 is consistent with the requirements under section 281A of title 35, United States Code, as added by subsection (a). (d) Rule of Construction.--Nothing in this section or the amendments made by this section shall be construed to alter existing law or rules relating to joinder. SEC. 3. JOINDER OF INTERESTED PARTIES. Section 299 of title 35, United States Code, is amended by adding at the end the following: ``(d) Joinder of Interested Parties.-- ``(1) Definition.--In this subsection, the term `interested party', with respect to a civil action arising under any Act of Congress relating to patents-- ``(A) means a person described in paragraph (9) or (10) of section 281A; and ``(B) does not include an attorney or law firm providing legal representation in the action if the sole basis for the financial interest of the attorney or law firm in the outcome of the action arises from an agreement to provide that legal representation. ``(2) Joinder of interested parties.--In a civil action arising under any Act of Congress relating to patents, the court shall grant a motion by a party defending an infringement claim to join an interested party if the defending party files the motion to join within 120 days after the first complaint, answer, or counterclaim and shows that the interest of the plaintiff in any patent identified in the complaint, including a claim asserted in the complaint, is limited primarily to asserting any such patent claim in litigation. ``(3) Limitation on joinder.--The court may deny a motion to join an interested party under paragraph (2) if-- ``(A) the interested party is not subject to service of process; or ``(B) joinder under paragraph (2) would deprive the court of subject matter jurisdiction or make venue improper.''. SEC. 4. STAY OF ACTION AGAINST SECONDARY PARTIES. (a) In General.--Chapter 29 of title 35, United States Code, is amended by adding at the end the following: ``Sec. 300. Stay of action against secondary parties ``(a) Stay of Action.-- ``(1) In general.--In any civil action arising under any Act of Congress relating to patents, the court shall grant a motion to stay all or part of the action as to a secondary party with respect to infringement related to a primary party in the same or another action concerning the same apparatus, product, feature, device, method, system, process, function, act, service, or other instrumentality, in whole or in relevant part, of the disputed patent of the primary party, if-- ``(A) the primary and secondary parties consent to the stay in writing; ``(B) the motion is filed not later than 120 days after service of the first complaint in the action of the primary party that is asserted as the basis for the secondary party's alleged infringement; and ``(C) the secondary party agrees to be bound by any judgment entered against the primary party to the same extent as such primary party may be bound with respect to issues that the primary and secondary parties have in common. ``(2) Treatment of secondary party.--During a stay under paragraph (1), the secondary party shall be treated as a nonparty to the action against the primary party for purposes of discovery, hearings, trial, or otherwise. The stay shall continue until such time that a final adjudication in the action against the primary party has been entered and all appeals thereof exhausted. ``(b) Other Authority Not Affected.--Nothing in this section shall be construed as abrogating a court's discretion to grant any stay or expand any stay granted pursuant to this section where otherwise permitted by law. ``(c) Definitions.--In this section: ``(1) Primary party.--The term `primary party' means a person who manufacturers or supplies, or causes the manufacture or supply of, an apparatus, product, feature, device, method, system, process, function, act, service, or other instrumentality, in whole or in material part-- ``(A) that is alleged to infringe a patent in dispute; or ``(B) that uses a process alleged to infringe a patent in dispute. ``(2) Secondary party.--The term `secondary party' means a party accused of infringing a patent in dispute based on the use, distribution, resale, or consumption of a product or process by a primary party.''. (b) Conforming Amendment.--The table of sections for chapter 29 of title 35, United States Code, is amended by adding at the end the following: ``300. Stay of action against secondary parties.''. SEC. 5. STAY OF DISCOVERY. (a) In General.--Chapter 29 of title 35, United States Code, is amended by adding at the end the following: ``Sec. 300A. Stay of discovery in patent infringement suits ``(a) In General.--Except as provided in subsections (b) and (c), in a civil action arising under any Act of Congress relating to patents-- ``(1) the court shall stay discovery until after the court has ruled on-- ``(A) any motion to dismiss the action; and ``(B) any motion to transfer venue of the action; and ``(2) if the court determines that a ruling relating to the construction of terms used in a patent claim asserted in the complaint in the action is required, the court shall stay discovery until after the court has made the ruling. ``(b) Exception.--Notwithstanding subsection (a), the court may, in an action described in that subsection, allow discovery to the extent necessary for the court to make the ruling under paragraph (1) or (2) of that subsection, as the case may be. ``(c) Discretion To Expand Scope of Discovery in Extraordinary Circumstances.--If, under any provision of Federal law (including the Drug Price Competition and Patent Term Restoration Act (Public Law 98- 417)), the court determines that extraordinary circumstances exist because resolution within a specified period of time of a civil action arising under any Act of Congress relating to patents will have an automatic impact upon the rights of a party with respect to the patent, the court may permit discovery in addition to the discovery authorized under subsection (b) before the ruling described in subsection (b) as necessary to ensure timely resolution of the action. ``(d) Preservation of Evidence.-- ``(1) In general.--During the pendency of any stay of discovery under this section, unless otherwise ordered by the court, any party to the action with actual notice of the allegations contained in the complaint shall treat all documents, data compilations (including electronically recorded or stored data), and tangible objects that are in the custody or control of such person and that are relevant to the allegations, as if they were the subject of a continuing request for production of documents from an opposing party under the Federal Rules of Civil Procedure. ``(2) Sanction for willful violation.--A party aggrieved by the willful failure of an opposing party to comply with paragraph (1) may apply to the court for an order awarding appropriate sanctions.''. (b) Conforming Amendment.--The table of sections for chapter 29 of title 35, United States Code, is amended by adding at the end the following: ``300A. Stay of discovery in patent infringement suits.''. SEC. 6. SANCTIONS FOR ABUSIVE LITIGATION. (a) In General.--Chapter 29 of title 35, United States Code, is amended by adding at the end the following: ``Sec. 300B. Sanctions for abusive litigation ``(a) Mandatory Review by Court.--In any civil action arising under any Act of Congress relating to patents, upon final adjudication of the action, the court shall include in the record specific findings regarding compliance by each party and each attorney representing any party with each requirement of Rule 11(b) of the Federal Rules of Civil Procedure as to any complaint, responsive pleading, or dispositive motion. ``(b) Sanctions.--If the court makes a finding under subsection (a) that a party or attorney violated any requirement of Rule 11(b) of the Federal Rules of Civil Procedure as to any complaint, responsive pleading, or dispositive motion, the court may impose sanctions on such party or attorney in accordance with Rule 11 of the Federal Rules of Civil Procedure. Before making a finding that any party or attorney has violated Rule 11 of the Federal Rules of Civil Procedure, the court shall give such party or attorney notice and an opportunity to respond.''. (b) Conforming Amendments.-- (1) Table of contents.--The table of sections for chapter 29 of title 35, United States Code, is amended by adding at the end the following: ``300B. Sanctions for abusive litigation.''. (2) Award of attorneys fees in exceptional cases.--Section 285 of title 35, United States Code, is amended by striking ``The court'' and inserting ``Subject to section 300B(b), the court''. SEC. 7. EFFECTIVE DATE. This Act and the amendments made by this Act shall apply to civil actions commenced on or after the date of the enactment of this Act.

Patent Litigation and Innovation Act of 2013 - Directs a party alleging infringement in a civil action arising under any Act of Congress relating to patents to include in the court pleadings: an identification of each patent and claim allegedly infringed as well as the accused apparatus, product, feature, device, method, system, process, function, act, service, or other instrumentality (referred to as an "accused instrumentality") alleged to infringe any such claim; an identification of the name or model number of accused instrumentalities that allegedly result in the practice of a claimed invention; for each accused instrumentality, an explanation of where each element of each asserted claim identified is found within the accused instrumentality, whether each such element is infringed literally or under the doctrine of equivalents, and how the terms in each asserted claim correspond to the functionality of the accused instrumentality; for each claim alleged to have been infringed indirectly, a description of the direct infringement, any person alleged to be a direct infringer known to the party alleging infringement, and the acts of the alleged indirect infringer that contribute to or are inducing the direct infringement; a description of the right of the party alleging infringement to assert each identified patent and claim; the principal business of the party alleging infringement; and the identity of any person other than the party alleging infringement, known to the party alleging infringement, who: (1) owns or co-owns an identified patent or is the assignee of, or an exclusive licensee to, such patent; or (2) has a legal or financial right to enforce an identified patent. Sets forth procedures with respect to the joinder of parties, stays of action against secondary parties (parties accused of infringing a patent in dispute based on the use, distribution, resale, or consumption of a product or process by a primary party), and stays of discovery until the court has ruled on any motions to dismiss or transfer venue. Permits the court to expand discovery in extraordinary circumstances. Directs the court, upon final adjudication, to include in the record specific findings on the compliance by each party and attorney with Federal Rules of Civil Procedure addressing proper representations to the court, including findings that motions and pleading were not presented to harass, delay, or increase litigation costs and that claims were nonfrivolous and based on evidentiary support. Authorizes sanctions for: (1) a willful failure to preserve evidence during a stay of discovery, and (2) a violation of the representation to the court rules.

{"src": "billsum_train", "title": "Patent Litigation and Innovation Act of 2013"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Citizen Protection Act of 2016''. SEC. 2. MODEL ELDER ABUSE REGISTRY. (a) In General.--Not later than one year after the date of the enactment of this Act, the Attorney General shall establish guidelines for States to design and implement elder abuse registries. (b) Contents.--The guidelines established under subsection (a) shall be designed to provide guidance to States to do the following: (1) Identify which types of individuals to place on an elder abuse registry, including-- (A) individuals convicted of a crime involving elder abuse; and (B) individuals found by a State agency to have committed elder abuse. (2) Provide, for each individual placed on the registry, the information to be included for such individual in the elder abuse registry, including-- (A) the circumstances surrounding the elder abuse; (B) the type of abuse committed; and (C) the relationship of the individual to the victim. (3) Prior to placement on the registry, notify each individual to be placed on the registry of such individual's placement on the registry. (4) Provide, for each individual to be placed on the registry, the opportunity to appeal placement on the registry within a reasonable period of time before such individual's placement on the registry. (5) Provide the duration of placement on the registry. (6) Provide for the removal of individuals who should no longer be placed on the registry. (7) Make elder abuse registries readily accessible to the public, including by-- (A) posting the information contained in the registry onto the Internet; and (B) making the registry readily searchable. (c) Consultation.--In developing such guidelines under subsection (a), the Attorney General shall consult with the Secretary of Health and Human Services and the appropriate public and private entities. SEC. 3. GRANTS. (a) In General.--The Attorney General may make grants to States for establishing and operating elder abuse registries. (b) Application.--A State may apply for a grant under this section at such time and in such form as the Attorney General may require. (c) Use of Funds.--The recipient of a grant under this section shall use the funds to-- (1) establish an elder abuse registry that substantially conforms to the guidelines established pursuant to section 2; and (2) enact legislation requiring entities that provide health care services or long-term care to elders in the State to check the State elder abuse registry before hiring individuals for such services to ensure that such individuals have not been found by a State agency to have committed elder abuse. SEC. 4. NATIONAL ELDER ABUSE REGISTRY. Beginning, not less than two years after the date of the enactment of this Act, the Attorney General shall establish and maintain a national database of content from State elder abuse registries that substantially conforms to the guidelines established pursuant to section 2. SEC. 5. DEFINITIONS. In this Act: (1) The term ``abuse'' means the knowing infliction of physical or psychological harm or the knowing deprivation of goods or services that are necessary to meet essential needs or to avoid physical or psychological harm. (2) The term ``caregiver'' means an individual who has the responsibility for the care of an elder, either voluntarily, by contract, by receipt of payment for care, or as a result of the operation of law, and means a family member or other individual who provides (on behalf of such individual or of a public or private agency, organization, or institution) compensated or uncompensated care to an elder who needs supportive services in any setting. (3) The term ``elder'' means an individual age 60 or older. (4) The term ``elder abuse'' means the abuse, neglect, mistreatment, or exploitation of an elder. (5) The term ``exploitation'' means the fraudulent or otherwise illegal, unauthorized, or improper act or process of an individual, including a caregiver or fiduciary, that uses the resources of an elder for monetary or personal benefit, profit, or gain, or that results in depriving an elder of rightful access to, or use of, benefits, resources, belongings, or assets. (6) The term ``fiduciary''-- (A) means a person or entity with the legal responsibility-- (i) to make decisions on behalf of and for the benefit of another person; and (ii) to act in good faith and with fairness; and (B) includes a trustee, a guardian, a conservator, an executor, an agent under a financial power of attorney or health care power of attorney, or a representative payee. (7) The term ``neglect'' means the knowing failure of a caregiver or fiduciary to provide the goods or services that are necessary to maintain the health or safety of an elder. (8) The term ``mistreatment'' means the inappropriate use of medications, isolation, or physical or chemical restraints. (9) The term ``State'' means any of the 50 States, or the District of Columbia.

Senior Citizen Protection Act of 2016 This bill requires the Department of Justice (DOJ) to establish guidelines for states to design and implement elder abuse registries. DOJ may award state grants to establish and operate such registries. Additionally, DOJ must establish and maintain a national database that contains information from state elder abuse registries.

{"src": "billsum_train", "title": "Senior Citizen Protection Act of 2016"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Protective Service Improvement and Accountability Act of 2010''. SEC. 2. FEDERAL PROTECTIVE SERVICE INSPECTORS AND CONTRACT OVERSIGHT FORCE. Section 1315 of title 40, United States Code, is amended by redesignating subsections (c) through (e) as subsections (f) through (h), and by inserting after subsection (b) the following new subsections: ``(c) Inspectors.-- ``(1) In general.--The Secretary shall maintain no fewer than 1,350 full-time equivalent positions in the Federal Protective Service inspector force, who shall be fully trained Federal law enforcement officers. ``(2) Classification.--The Secretary shall classify the positions in the inspector force in the following 2 functional categories: ``(A) Facility security assessment.--Federal Facility Security Officers, who shall be responsible for-- ``(i) performing facility security assessments, including contract guard post inspections; ``(ii) making security countermeasure recommendations for facilities; ``(iii) participating in security training and disseminating homeland security information, consistent with applicable protocols and protections, to building occupants and facility security guards, including contract guards; and ``(iv) assessing, on an ongoing basis, the security of each facility protected by the Federal Protective Service and the extent to which security countermeasure recommendations have been implemented for each such facility. ``(B) Security enforcement and investigations.--Law enforcement officers, who shall be responsible for-- ``(i) patrolling and on-site monitoring of the physical security, including perimeter security, of each facility; ``(ii) investigations; and ``(iii) physical law enforcement in the event of a terrorist attack, security incident, or other incident. ``(d) Contract Oversight.-- ``(1) In general.--The Secretary shall establish the Federal Protective Service contract oversight force, which shall consist of full-time equivalent positions and who shall be responsible for, in coordination with the Federal Protective Service inspector force-- ``(A) monitoring contracts, contractors, and contract guards provided by contractors; ``(B) performing annual evaluations of the persons holding contracts for supplying contract guards to the Federal Protective Service; and ``(C) verifying that contract guards have necessary training and certification. ``(2) Limitation on performance of functions.--The contract oversight functions described in paragraph (1) shall not be performed by law enforcement officers or individuals employed pursuant to subsection (c). ``(e) Uniform Minimum Standards.-- ``(1) In general.--Not later than one year after the date of enactment of the Federal Protective Service Improvement and Accountability Act of 2010, the Secretary shall establish minimum training and certification standards for security guard services at facilities protected by the Federal Protective Service. ``(2) Limitation.--Upon establishment of minimum training and certification standards, the Secretary, acting through the Director of the Federal Protective Service, shall require that all contracts for security guard services comply with these standards.''. SEC. 3. COMPLIANCE WITH INTERAGENCY SECURITY COMMITTEE MINIMUM SECURITY STANDARDS. It is the sense of Congress that the security standards for Federal facilities established by the Interagency Security Committee in the document entitled ``Physical Security Criteria for Federal Facilities: An Interagency Security Committee Standard'', as approved by concurrence of the Committee membership on April 12, 2010, should be implemented for all Federal facilities for which they were issued. SEC. 4. RESEARCH. (a) In General.--Within 6 months after the date of enactment of this Act, the Secretary of Homeland Security, acting through the Director of the Federal Protective Service, shall commence a 1-year pilot program to research the advantages of converting guard positions at the highest-risk Federal facilities protected by the Federal Protective Service from contract guard positions to positions held by Federal employees. (b) Requirements.--At a minimum, the Secretary shall conduct the research pilot program at one level III facility and one level IV facility in each of Federal Protective Service regions I, III, V, and VII by hiring individuals to fill guard positions at each facility that participates in the research pilot in accordance with subsection (c). (c) Federal Facility Security Guard Position.-- (1) In general.--For purposes of this section, and subject to the availability of appropriations, the Secretary, acting through the Director, shall establish and hire individuals for a Federal facility security guard position. (2) Training.--The Secretary shall provide to individuals employed in that position training in-- (A) performing the physical security for a Federal facility, including access point controls and security countermeasure operations; (B) participating in information sharing and dissemination of homeland security information, consistent with applicable protocols and protections; and (C) responding to specific security incidents, including preparing for and responding to an act of terrorism, that can occur at Federal facilities, including response with force if necessary. (3) Law enforcement officers not required.--The Secretary may not require that individuals employed in such position be Federal law enforcement officers. (d) Temporary Assignments.--The Secretary may assign, on a temporary basis, existing personnel employed by the Federal Protective Service, on a temporary basis, to facilities that participate in the research pilot program to perform security guard services in furtherance of the pilot program, if the Secretary determines that individuals cannot be hired and trained pursuant to subsection (c) in a timely manner. (e) Maintenance of Law Enforcement Personnel.--Notwithstanding any other provision of this section, the Secretary shall maintain at each highest-risk Federal facility protected by the Federal Protective Service (level III and level IV facilities) such number of Federal law enforcement officers as is necessary to provide arrest authority and law enforcement support at that facility, including support for the Federal facility security guards employed under this section, in the event of a terrorist attack, security incident or other incident. (f) GAO Reports.--The Comptroller General of the United States shall-- (1) periodically review and report to Congress on the performance by Federal facility security guards under the pilot program; and (2) upon completion of the pilot program, submit a final report to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate evaluating whether or not the performance of individuals in the Federal facility security guard positions was satisfactory, that-- (A) evaluates-- (i) the extent to which the Federal Protective Service ensures that individuals serving in the Federal facility security guard capacity have the required training and certifications before being deployed to a Federal facility; (ii) the extent to which the Federal Protective Service ensures that individuals in the Federal facility security guard capacity comply with post orders once they are deployed at Federal facilities; and (iii) the extent to which security vulnerabilities exist that the Comptroller General determines are related to the performance of the functions of the Federal security guard positions; and (B) compares such evaluation results against the results of previous Comptroller General reports evaluating the performance and oversight of the Federal Protective Service's contract guard program. (g) Implementation.--If the Comptroller General states in the final report under subsection (f)(2) that the Federal facility security guards employed in the position established under subsection (c) are performing satisfactorily, the Secretary shall replace contract guards at all highest risk Federal facilities protected by the Federal Protective Service (level III and level IV facilities) with Federal employees hired as Federal facility security guards. (h) GAO Evaluation of the Federal Protective Service Fee-Based Funding System.--The Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a review the fee-based funding system in use by the Federal Protective Service and, as appropriate, issue recommendations for alternative approaches to fund the agency in furtherance of the agency's operations, including the execution of its homeland security and protection missions. The review shall include-- (1) an assessment of the extent to which the current fee- based system fully funds the agency's activities; (2) an assessment of the extent to which the system is properly designed to ensure that the fees charged to occupants of facilities guarded by the agency are sufficient and appropriate; (3) an assessment of the extent to which the fee-based system impedes the agency from executing its operations and implementing oversight, inspections, and security enhancements; and (4) recommendations, as appropriate, for alterations to the current system and alternative funding approaches (including a mix of fees and appropriations). (i) Authorization of Appropriations.--There are authorized to be appropriated for fiscal years 2011, 2012, and 2013 such sums as are necessary for purposes of this section.

Federal Protective Service Improvement and Accountability Act of 2010 - Directs the Secretary of Homeland Security (DHS) to maintain no fewer than 1,350 full-time equivalent positions in the Federal Protective Service inspector force, who shall be fully trained federal law enforcement officers. Directs the Secretary to classify the positions in the following categories: (1) Federal Facility Security Officers, responsible for security assessment; and (2) law enforcement officers, responsible for physical law enforcement and investigations. Directs the Secretary to establish: (1) the Federal Protective Service contract oversight force; and (2) minimum training and certification standards for security guard services at facilities protected by the Service. Expresses the sense of Congress that specified security standards for federal facilities established by the Interagency Security Committee should be implemented for all federal facilities for which they were issued. Directs the Secretary, through the Director of the Federal Protective Service, to: (1) commence a one-year pilot program to research the advantages of converting guard positions at the highest-risk federal facilities protected by the Service from contract guard positions to positions held by federal employees; and (2) establish and hire individuals for a federal facility security guard position. Directs the Comptroller General to: (1) periodically review and report to Congress on the performance by federal facility security guards under the pilot program, and upon its completion submit a final report evaluating whether or not the performance of individuals in such positions was satisfactory (if so, directs the Secretary to replace contract guards at all highest risk facilities protected by the Service with federal employees); and (2) submit a review of the fee-based funding system in use by the Service and issue any recommendations for alternative approaches.

{"src": "billsum_train", "title": "To enhance homeland security, including domestic preparedness and collective response to terrorism, by improving the Federal Protective Service, and for other purposes."}

SECTION 1. FINDINGS. The Congress finds the following: (1) In 1898, the United States acquired Puerto Rico in the Treaty of Paris that ended the Spanish-American War and, by the following year, Congress had authorized raising a unit of volunteer soldiers in the newly acquired territory. (2) In May 1917, two months after legislation granting United States citizenship to individuals born in Puerto Rico was signed into law, and one month after the United States entered World War I, the unit was transferred to the Panama Canal Zone because United States Army policy at the time restricted most segregated units to noncombat roles, although the regiment could have contributed to the fighting effort. (3) In June 1920, the unit was re-designated as the ``65th Infantry Regiment, United States Army'', and it would serve as the United States military's last segregated unit composed of Hispanic soldiers. (4) In January 1943, 13 months after the attack on Pearl Harbor that marked the entry of the United States into World War II, the Regiment again deployed to the Panama Canal Zone, before deploying overseas in the spring of 1944. (5) Despite the Regiment's relatively limited combat service in World War II, the unit suffered casualties in the course of defending against enemy attacks, with individual soldiers earning one Distinguished Service Cross, two Silver Stars, two Bronze Stars and 90 Purple Hearts, and the unit receiving campaign participation credit for Rome-Arno, Rhineland, Ardennes-Alsace, and Central Europe. (6) Although an Executive order issued by President Harry S. Truman in July 1948 declared it to be United States policy to ensure equality of treatment and opportunity for all persons in the armed services without respect to race or color, implementation of this policy had yet to be fully realized when armed conflict broke out on the Korean peninsula in June 1950, and both African-American soldiers and Puerto Rican soldiers served in segregated units. (7) Brigadier General William W. Harris, who served as the Regiment's commander during the early stages of the Korean War, later recalled that he had initially been reluctant to take the position because of ``prejudice'' within the military and ``the feeling of the officers and even the brass of the Pentagon . . . that the Puerto Rican wouldn't make a good combat soldier. . . . I know my contemporaries felt that way and, in all honesty, I must admit that at the time I had the same feeling . . . that the Puerto Rican was a rum and Coca-Cola soldier.''. (8) One of the first opportunities the regiment had to prove its combat worthiness arose on the eve of the Korean War during PORTREX, one of the largest military exercises that had been conducted up until that point, where the Regiment distinguished itself by repelling an offensive consisting of over 32,000 troops from the 82nd Airborne Division and the United States Marine Corps, supported by the Navy and Air Force, thereby demonstrating that Puerto Rican soldiers could hold their own against some of the best-trained soldiers in the United States military. (9) In August 1950, as the United States Army's situation in Korea deteriorated, the commander of the 3rd Infantry Division requested another infantry regiment to be added to his organization and, owing in large part to the 65th Infantry Regiment's outstanding performance during PORTREX, it was selected for the assignment. (10) As the Regiment sailed to Asia in September 1950, members of the unit informally decided to call themselves the ``Borinqueneers'', a term derived from the Taino word for Puerto Rico meaning ``land of the brave lord''. (11) The story of the 65th Infantry Regiment during the Korean War has been aptly described as ``one of pride, courage, heartbreak, and redemption''. (12) Fighting as a segregated unit from 1950 to 1952, the Regiment participated in some of the fiercest battles of the war, and its toughness, courage and loyalty earned the admiration of many who had previously harbored reservations about Puerto Rican soldiers based on negative stereotypes, including Brigadier General William W. Harris, whose experience eventually led him to regard the Regiment as ``the best damn soldiers that I had ever seen''. (13) Arriving in Pusan, South Korea in September 1950, the regiment was assigned the mission of destroying or capturing small groups of North Korean soldiers, and its success led General Douglas MacArthur, Commander-in-Chief of the United Nations Command in Korea, to observe that the Regiment was ``showing magnificent ability and courage in field operations''. (14) In December 1950, following China's intervention in the war, the Regiment engaged in a series of fierce battles with the enemy to cover the rear guard of the 1st Marine Division as it executed one of the greatest withdrawals in modern military history during the fighting retreat from the Chosin Reservoir. (15) The Regiment was instrumental in helping to secure the final foothold for the Marine evacuation at Hungham, and was among the last units to leave the beachhead on Christmas Eve, suffering tremendous casualties in the process. (16) The winter conditions in Korea presented significant hardships for the Regiment, which suffered hundreds of casualties because its soldiers lacked appropriate gear to fight in sub-zero temperatures. (17) Between January and March 1951, the Regiment participated in numerous operations to recover and retain South Korean territory lost to the enemy, assaulting heavily fortified enemy positions and conducting the last recorded battalion-sized bayonet assault in United States Army history. (18) On January 31, 1951, the commander of Eighth Army, Lieutenant General Matthew B. Ridgway wrote to the Regiment's commander: ``What I saw and heard of your regiment reflects great credit on you, your regiment, and the people of Puerto Rico, who can be proud of their valiant sons. I am confident that their battle records and training levels will win them high honors. . . . Their conduct in battle has served only to increase the high regard in which I hold these fine troops.''. (19) On February 3, 1951, General MacArthur wrote: ``The Puerto Ricans forming the ranks of the gallant 65th Infantry on the battlefields of Korea by valor, determination, and a resolute will to victory give daily testament to their invincible loyalty to the United States and the fervor of their devotion to those immutable standards of human relations to which the Americans and Puerto Ricans are in common dedicated. They are writing a brilliant record of achievement in battle and I am proud indeed to have them in this command. I wish that we might have many more like them.''. (20) The Regiment played a critical role in the United States counteroffensive responding to a major push by the Chinese Communist Forces (CFF) in 1951, winning praise for its superb performance in multiple battles, including Operations KILLER and RIPPER. (21) By 1952, in light of the Regiment's proven fighting abilities, senior United States commanders ordered that replacement soldiers from Puerto Rico should no longer be limited to service in the Regiment, but could be made available to fill personnel shortages in non-segregated units both inside and outside the 3rd Infantry Division, a major milestone that, paradoxically, harmed the Regiment by depriving it of some of Puerto Rico's most able soldiers. (22) Beyond the many hardships endured by most American soldiers in Korea, the Regiment faced unique challenges due to discrimination and prejudice, including-- (A) the humiliation of being ordered to shave their moustaches ``until such a time as they gave proof of their manhood''; (B) being forced to use separate showering facilities from their non-Hispanic ``Continental'' officers; (C) being ordered not to speak Spanish under penalty of court-martial; (D) flawed personnel-rotation policies based on ethnic and organizational prejudices; and (E) a catastrophic shortage of trained noncommissioned officers. (23) In 1953, the now fully integrated Regiment earned admiration for its relentless defense of Outpost Harry, during which it confronted multiple company-size probes, full-scale regimental attacks, and heavy artillery and mortar fire from Chinese forces, earning 14 Silver Stars, 23 Bronze Stars, and 67 Purple Hearts, in operations that Major General Eugene W. Ridings described as ``highly successful in that the enemy was denied the use of one of his best routes of approach into the friendly position.''. (24) For its extraordinary service during the Korean War, the Regiment received two Presidential Unit Citations (Army and Navy), two Republic of Korea Presidential Unit Citations, a Meritorious Unit Commendation (Army), a Navy Unit Commendation, the Bravery Gold Medal of Greece, and campaign participation credits for United Nations Offensive, CCF Intervention, First United Nations Counteroffensive, CCF Spring Offensive, United Nations Summer-Fall Offensive, Second Korean Winter, Korea Summer-Fall 1952, Third Korean Winter, and Korea Summer 1953. (25) In Korea, soldiers in the Regiment earned a total of 10 Distinguished Service Crosses, approximately 250 Silver Stars, over 600 Bronze Stars, and more than 2,700 Purple Hearts, but--despite numerous individual acts of uncommon valor--no Medals of Honor. (26) In all, some 61,000 Puerto Ricans served in the United States Army during the Korean War, the bulk of them with the 65th Infantry Regiment--and over the course of the war, Puerto Rican soldiers suffered a disproportionately high casualty rate, with over 740 killed and over 2,300 wounded. (27) In April 1956, as part of the reduction in forces following the Korean War, the 65th Infantry Regiment was deactivated from the Regular Army and, in February 1959, became the only regular Army unit to have ever been transferred to the National Guard, when its 1st battalion and its regimental number were assigned to the Puerto Rico National Guard, where it has remained ever since. (28) In 1982, the United States Army Center of Military History officially authorized granting the 65th Infantry Regiment the special designation of ``Borinqueneers''. (29) In the years since the Korean War, the achievements of the Regiment have been recognized in various ways, including-- (A) the naming of streets in honor of the regiment in San Juan, Puerto Rico and The Bronx, New York; (B) the erecting of plaques and other monuments to honor the Regiment at Arlington National Cemetery in Arlington, Virginia; the San Juan National Historic Site in San Juan, Puerto Rico; Ft. Logan National Cemetery in Denver, Colorado; and at sites in Boston, Massachusetts and Ocala, Florida; (C) the renaming of a park in Buenaventura Lake, Florida as the ``65th Infantry Veterans Park''; (D) a grant awarded by the New York State government to establish a memorial honoring the Regiment at Buffalo & Erie County Naval & Military Park in Buffalo, New York; (E) the introduction or adoption of resolutions or proclamations honoring the Regiment by the City of Buffalo, New York; the City of Deltona, Florida; the City of Kissimmee, Florida; the City of Orlando, Florida; the City of Springfield, Massachusetts; the County of Erie, Pennsylvania; the Florida House of Representatives; the New York State Assembly; the New York State Senate; and the Texas State Senate; and (F) the 1985 issuance of a United States Postal Service Korean War Commemorative Stamp depicting soldiers from the Regiment. (30) In a speech delivered at a September 20, 2000, ceremony at Arlington National Cemetery in honor of the Regiment, Secretary of the Army Louis Caldera said: ``Even as the 65th struggled against all deadly enemies in the field, they were fighting a rearguard action against a more insidious adversary--the cumulative effects of ill-conceived military policies, leadership shortcomings, and especially racial and organizational prejudices, all exacerbated by America's unpreparedness for war and the growing pains of an Army forced by law and circumstance to carry out racial integration. Together these factors would take their inevitable toll on the 65th, leaving scars that have yet to heal for so many of the regiment's proud and courageous soldiers.''. (31) Secretary Caldera said: ``To the veterans of the 65th Infantry Regiment who, in that far off land fifty years ago, fought with rare courage even as you endured misfortune and injustice, thank you for doing your duty. There can be no greater praise than that for any soldier of the United States Army.''. (32) Secretary Caldera noted that ``[t]he men of the 65th who served in Korea are a significant part of a proud tradition of service'' that includes the Japanese American 442nd Regimental Combat Team, the African-American Tuskegee Airmen, and ``many other unsung minority units throughout the history of our armed forces whose stories have never been fully told.''. (33) The service of the men of the 65th Infantry Regiment is emblematic of the contributions to the armed forces that have been made by hundreds of thousands of brave and patriotic United States citizens from Puerto Rico over generations, from World War I to the most recent conflicts in Afghanistan and Iraq, and in other overseas contingency operations. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of a single gold medal of appropriate design in honor of the 65th Infantry Regiment, known as the Borinqueneers, in recognition of its pioneering military service, devotion to duty, and many acts of valor in the face of adversity. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereinafter in this Act referred to as 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 65th Infantry Regiment, known as the Borinqueneers, the gold medal shall be given to the Smithsonian Institution, where it will be displayed as appropriate and made available for research. (2) Sense of the congress.--It is the sense of the Congress that the Smithsonian Institution shall make the gold medal received under this Act available for display elsewhere, particularly at other appropriate locations associated with the 65th Infantry Regiment, including locations in Puerto Rico. SEC. 3. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 2, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 4. NATIONAL MEDALS. Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE. (a) Authorization of Appropriations.--There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the cost of the medals struck pursuant to this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund.

Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to make appropriate arrangements for the award, on behalf of Congress, of a single gold medal in honor of the 65th Infantry Regiment, known as the Borinqueneers, in recognition of its pioneering military service, devotion to duty, and many acts of valor in the face of adversity. Requires the medal to be given to the Smithsonian Institution (Smithsonian) for display. Expresses the sense of Congress that the Smithsonian shall make the medal available for display elsewhere, particularly at appropriate locations associated with the 65th Infantry Regiment, including locations in Puerto Rico.

{"src": "billsum_train", "title": "A bill to award a Congressional Gold Medal to the 65th Infantry Regiment, known as the Borinqueneers."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Environmental Health and Safety Risk Reduction Act''. SEC. 2. FINDINGS. Congress finds that-- (1) a growing body of scientific knowledge demonstrates that children may suffer disproportionately from environmental health risks and safety risks; (2) those risks arise because-- (A) the neurological, immunological, digestive, and other bodily systems of children are still developing; (B) children eat more food, drink more fluids, and breathe more air in proportion to their body weight than adults; (C) the size and weight of children may diminish their protection from standard safety features; and (D) the behavior patterns of children may make children more susceptible to accidents because children are less able to protect themselves; and (3) each Federal agency, to the extent permitted by law and appropriate, and consistent with the mission of each Federal agency, should-- (A) place a high priority on the identification and assessment of environmental health risks and safety risks that may disproportionately affect children; (B) ensure that the policies, programs, activities, and standards of the Federal agency address disproportionate risks to children that result from environmental health risks or safety risks; and (C) participate in the implementation of, and comply with, this Act. SEC. 3. DEFINITIONS. In this Act: (1) Covered regulatory action.--The term ``covered regulatory action'' means any substantive action in a rulemaking that is initiated after the date of enactment of this Act or for which a notice of proposed rulemaking is published not later than 1 year after the date of enactment of this Act, that is likely to result in a regulation that may concern an environmental health risk or safety risk that an agency has reason to believe may disproportionately affect children. (2) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (3) Environmental health and safety risk.-- (A) In general.--The term ``environmental health and safety risk'' means a risk to the health or safety of a child that is posed by or otherwise attributable to a product or substance-- (i) that the child is likely to ingest; or (ii) to which the child may otherwise be exposed. (B) Inclusions.--The term ``environmental health and safety risk'' includes a risk that is posed by or otherwise attributable to-- (i) air that is inhaled by, or that otherwise comes into contact with, a child; (ii) food; (iii) water used by a child for drinking or recreation; (iv) soil; and (v) any product used by a child or with which a child has contact. (4) Federal agency.-- (A) In general.--The term ``Federal agency'' means any agency or authority of the United States that is considered to be an agency under section 3502(1) of title 44, United States Code. (B) Exclusions.--The term ``Federal agency'' does not include-- (i) any independent regulatory agency described in section 3502(5) of title 44, United States Code (other than the Consumer Product Safety Commission); or (ii) any military department (as defined in section 102 of title 5, United States Code). (5) Forum.--The term ``Forum'' means the Forum on Child and Family Statistics convened under section 6(a). (6) Task force.--The term ``Task Force'' means the Task Force on Environmental Health and Safety Risks to Children established by section 4(a). SEC. 4. TASK FORCE ON ENVIRONMENTAL HEALTH RISKS AND SAFETY RISKS TO CHILDREN. (a) Establishment.--There is established in the Executive branch a task force to be known as the ``Task Force on Environmental Health and Safety Risks to Children''. (b) Authority.--The Task Force shall report to the President, in consultation with-- (1) the Domestic Policy Council; (2) the National Science and Technology Council; (3) the Council on Environmental Quality; and (4) the Office of Management and Budget. (c) Membership.--The Task Force shall be composed of-- (1) the Secretary of Health and Human Services, who shall serve as Co-Chairperson of the Task Force; (2) the Administrator of the Environmental Protection Agency, who shall serve as a Co-Chairperson of the Task Force; (3) the Secretary of Education; (4) the Secretary of Labor; (5) the Attorney General; (6) the Secretary of Energy; (7) the Secretary of Housing and Urban Development; (8) the Secretary of Agriculture; (9) the Secretary of Transportation; (10) the Secretary of Homeland Security; (11) the Director; (12) the Chairperson of the Council on Environmental Quality; (13) the Chairperson of the Consumer Product Safety Commission; (14) the Assistant to the President for Economic Policy; (15) the Assistant to the President for Domestic Policy; (16) the Assistant to the President for, and Director of the Office of, Science and Technology Policy; (17) the Chairperson of the Council of Economic Advisers; and (18) such other officials of Executive departments and agencies as the President may, from time to time, designate. (d) Delegation.--A member of the Task Force may delegate the responsibilities of the member under this Act to 1 or more subordinates. (e) Duties.--The Task Force shall, after providing notice and an opportunity for public participation and comment-- (1) recommend to the President Federal strategies for children's environmental health and safety, including-- (A) statements of principles, general policy, and targeted annual priorities to guide the Federal approach to achieving the goals of this Act; (B) a coordinated research agenda for the Federal Government, including steps to implement the review of research databases described in paragraph (2)(A); (C) recommendations for appropriate partnerships among the Federal Government, State, local, and tribal governments, and the private, academic, and nonprofit sectors; (D) proposals to enhance public outreach and communication to assist families in evaluating risks to children and in making informed consumer choices; (E) an identification of high-priority initiatives that the Federal Government has undertaken or will undertake in advancing the protection of children's environmental health and safety; and (F) a statement regarding the desirability of new legislation to fulfill or promote the purposes of this Act; (2) not later than 180 days after the date of enactment of this Act, develop or direct to be developed-- (A) a review of existing and planned data resources; and (B) a proposed plan, which shall be reviewed by the National Science and Technology Council-- (i) for use in ensuring that researchers and Federal research agencies have access to information on all research conducted or funded by the Federal Government that relates to adverse health risks in children resulting from exposure to environmental health and safety risks; and (ii) that-- (I) promotes the sharing of information on academic and private research; and (II) includes recommendations to encourage that such data, to the extent permitted by law, is available to the public, the scientific and academic communities, and all Federal agencies; and (3) submit to Congress and the President, make available to the public, and provide to the Office of Science and Technology Policy and the National Science and Technology Council for use in establishing research priorities, a biennial report on research, data, or other information that would enhance understanding and analysis of, and response to, environmental health and safety risks, including a description provided by Federal agencies and other agencies identified by the Task Force of key data needs relating to environmental health and safety risks that have arisen in the course of carrying out projects and activities of the agencies. SEC. 5. FEDERAL AGENCY ENVIRONMENTAL HEALTH AND SAFETY RISK RULEMAKING. (a) In General.--Unless otherwise prohibited by law, for each covered regulatory action submitted to the Office of Management and Budget for review, the issuing Federal agency shall provide to that Office, as developed during the decisionmaking process of the issuing Federal agency-- (1) an evaluation of the environmental health and safety effects of the planned regulation; and (2) an explanation of why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the issuing Federal agency. (b) Emergency Situations.--In an emergency situation, or if an issuing Federal agency is required to act more quickly than normal review procedures permit, the issuing Federal agency shall comply with this section to the maximum extent practicable. (c) Mandatory Deadlines.--For a regulatory action that is covered by a court-imposed or statutory deadline, the issuing Federal agency shall, to the maximum extent practicable, schedule any rulemaking proceedings so as to permit sufficient time for compliance with this section. (d) Form and Availability of Analysis.--The analysis required by this section-- (1) may be included as part of any other required analysis; and (2) shall be made part of the administrative record for the applicable regulatory action or otherwise made available to the public, to the extent permitted by law. SEC. 6. INTERAGENCY FORUM ON CHILD AND FAMILY STATISTICS. (a) In General.--The Director shall convene an interagency forum, to be known as the ``Forum on Child and Family Statistics'', that includes representatives from the appropriate Federal statistics and research agencies. (b) Responsibilities.--The Forum shall-- (1) not later than 1 year after the date of enactment of this Act, and annually thereafter, publish and submit in accordance with subsection (c) an annual report using the most recent available data that describes the most important indicators of the well-being of the children of the United States; (2) determine the indicators to be included in each such report, including an identification of the sources of data to be used for each indicator; (3) provide an ongoing review of Federal collection and dissemination of data on children and families; and (4) make recommendations to improve the coverage and coordination of data collection and to reduce duplication and overlap. (c) Publication and Submission.--Each report under subsection (b) shall be-- (1) published by the Forum in collaboration with the National Institute of Child Health and Human Development; and (2) submitted to the President (through the Director) and Congress. SEC. 7. ADMINISTRATION. (a) In General.--This Act applies only to the Executive branch. (b) Effect of Act.--This Act does not create or establish any substantive or procedural right, benefit, or trust responsibility, enforceable at law or equity, by a party against the United States (including any agency, officer, or employee of the United States). (c) Judicial Review.--This Act does not create or establish any right to judicial review involving the compliance or noncompliance with this Act by-- (1) the United States (including any agency, officer, or employee of the United States); or (2) any other person.

Children's Environmental Health and Safety Risk Reduction Act - Establishes the Task Force on Environmental Health and Safety Risks to Children to: (1) recommend to the President federal strategies for children's environmental health and safety; and (2) develop a proposed plan for use in ensuring that researchers and federal research agencies have access to information on federal research that relates to adverse health risk in children resulting from exposure to environmental health and safety risks. Directs each federal agency, for each regulatory action submitted to the Office of Management and Budget (OMB) for review that may concern an environmental health risk or safety risk that may disproportionately affect children, to provide: (1) an evaluation of the environmental health and safety effects of the planned regulation; and (2) an explanation of why the planned regulation is preferable to other potentially effective and reasonable feasible alternatives considered by the agency. Requires agencies to comply with such requirements to the maximum extent practicable in emergency situations. Requires the Director of OMB to convene the Forum on Child and Family Statistics to: (1) publish an annual report that describes the most important indicators of the well-being of U.S. children; (2) provide an ongoing review of federal collection and dissemination of data on children and families; and (3) make recommendations to improve the coverage and coordination of data collection and to reduce duplication and overlap. Applies this Act only to the executive branch.

{"src": "billsum_train", "title": "A bill to provide for the establishment of a task force to address the environmental health and safety risks posed to children, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Competitive Service Act of 2015''. SEC. 2. ADDITIONAL APPOINTING AUTHORITIES FOR COMPETITIVE SERVICE. (a) In General.--Section 3318 of title 5, United States Code, is amended-- (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following: ``(b) Other Appointing Authorities.-- ``(1) In general.--During the 240-day period beginning on the date of issuance of a certificate of eligibles under section 3317(a), an appointing authority other than the appointing authority requesting the certificate (in this subsection referred to as the `other appointing authority') may select an individual from that certificate in accordance with this subsection for an appointment to a position that is-- ``(A) in the same occupational series as the position for which the certification of eligibles was issued (in this subsection referred to as the `original position'); and ``(B) at a similar grade level as the original position. ``(2) Applicability.--An appointing authority requesting a certificate of eligibles may share the certificate with another appointing authority only if the announcement of the original position provided notice that the resulting list of eligible candidates may be used by another appointing authority. ``(3) Requirements.--The selection of an individual under paragraph (1)-- ``(A) shall be made in accordance with subsection (a); and ``(B) subject to paragraph (4), may be made without any additional posting under section 3327. ``(4) Internal notice.--Before selecting an individual under paragraph (1), and subject to the requirements of any collective bargaining obligation of the other appointing authority, the other appointing authority shall-- ``(A) provide notice of the available position to employees of the other appointing authority; ``(B) provide up to 10 business days for employees of the other appointing authority to apply for the position; and ``(C) review the qualifications of employees submitting an application. ``(5) Collective bargaining obligations.--Nothing in this subsection limits any collective bargaining obligation of an agency under chapter 71.''. (b) Alternative Ranking and Selection Procedures.--Section 3319 of title 5, United States Code, is amended by striking subsection (c) and inserting the following: ``(c) Selection.-- ``(1) In general.--An appointing official may select any applicant in the highest quality category or, if fewer than 3 candidates have been assigned to the highest quality category, in a merged category consisting of the highest and the second highest quality categories. ``(2) Use by other appointing officials.--Under regulations prescribed by the Office of Personnel Management, appointing officials other than the appointing official described in paragraph (1) (in this subsection referred to as the `other appointing official') may select an applicant for an appointment to a position that is-- ``(A) in the same occupational series as the position for which the certification of eligibles was issued (in this subsection referred to as the `original position'); and ``(B) at a similar grade level as the original position. ``(3) Applicability.--An appointing authority requesting a certificate of eligibles may share the certificate with another appointing authority only if the announcement of the original position provided notice that the resulting list of eligible candidates may be used by another appointing authority. ``(4) Requirements.--The selection of an individual under paragraph (2)-- ``(A) shall be made in accordance with this subsection; and ``(B) subject to paragraph (5), may be made without any additional posting under section 3327. ``(5) Internal notice.--Before selecting an individual under paragraph (2), and subject to the requirements of any collective bargaining obligation of the other appointing authority (within the meaning given that term in section 3318(b)(1)), the other appointing official shall-- ``(A) provide notice of the available position to employees of the appointing authority employing the other appointing official; ``(B) provide up to 10 business days for employees of the other appointing authority to apply for the position; and ``(C) review the qualifications of employees submitting an application. ``(6) Collective bargaining obligations.--Nothing in this subsection limits any collective bargaining obligation of an agency under chapter 71. ``(7) Preference eligibles.--Notwithstanding paragraphs (1) and (2), an appointing official may not pass over a preference eligible in the same category from which selection is made, unless the requirements of section 3317(b) and 3318(c), as applicable, are satisfied.''. (c) Technical and Conforming Amendments.-- (1) Section 3319(c)(2) of title 5, United States Code, is amended by striking ``3318(b)'' and inserting ``3318(c)''. (2) Section 9510(b)(5) of title 5, United States Code, is amended by striking ``3318(b)'' and inserting ``3318(c)''. (d) Regulations.--Not later than 1 year after the date of enactment of this Act, the Director of the Office of Personnel Management shall issue an interim final rule with comment to carry out the amendments made by this section.

Competitive Service Act of 2015 Authorizes an appointing authority (i.e., a federal agency appointing an individual to a position in the competitive service), other than the appointing authority that requested the certificate of eligibles for filling a position in the competitive service, to select an individual from that certificate for appointment to a position that is: (1) in the same occupational series as the position for which the certificate of eligibles was issued, and (2) at a similar grade level as the original position. Sets forth requirements relating to the sharing of certificates, notice, and selection of job applicants.

{"src": "billsum_train", "title": "Competitive Service Act of 2015"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reducing Federal Mandates on School Lunch Act''. SEC. 2. PROHIBITION OF REGULATIONS ESTABLISHING CERTAIN LIMITS FOR THE SCHOOL LUNCH PROGRAM. Beginning on the date of enactment of this Act and until the date of enactment of a law that extends by not less than 5 fiscal years the authorization or duration of 1 or more programs under the Richard B. Russell School Lunch Act (42 U.S.C. 1751 et seq.) or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), the Secretary of Agriculture shall not-- (1) implement, administer, or enforce part 210 of title 7, Code of Federal Regulations (as such part relates to the establishment of a maximum calorie limit and a maximum quantity of grains, meat, or meat alternatives for the school lunch program), as amended by the final regulations published by the Department of Agriculture in the Federal Register on January 26, 2012 (77 Fed. Reg. 4088 et seq.); or (2) promulgate or enforce any new rule or regulation that establishes a maximum calorie limit or maximum quantity of grains, meat, or meat alternatives for the school lunch program established under the Richard B. Russell School Lunch Act (42 U.S.C. 1751 et seq.). SEC. 3. SODIUM TARGET LEVELS; WHOLE GRAIN REQUIREMENT. Section 9(f) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(f)) is amended by adding at the end the following: ``(5) Sodium target levels.--Notwithstanding any other provision of law, the Secretary shall not implement any regulation under this Act, the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), the Healthy, Hunger-Free Kids Act of 2010 (Public Law 111-296), or any other law that would require a reduction in the quantity of sodium contained in federally reimbursed meals, foods, and snacks sold in schools below Target 1 (as described in section 220.8(f)(3) of title 7, Code of Federal Regulations (or successor regulations)). ``(6) Whole grain requirement.--Notwithstanding the final rule of the Secretary entitled `Nutrition Standards in the National School Lunch and School Breakfast Programs' (77 Fed. Reg. 4088 (January 26, 2012)) or any other provision of law-- ``(A) the Secretary shall only require that half of all grains in federally reimbursed meals, foods, and snacks sold in schools are whole grain-rich; and ``(B) school food authorities shall comply with the applicable grain component or standard with respect to the school lunch or school breakfast program that was in effect prior to July 1, 2014.''. SEC. 4. PROHIBITION OF OTHER NUTRITION REGULATIONS FOR CERTAIN SCHOOL FOOD AUTHORITIES. (a) Prohibition.-- (1) In general.--Beginning on the date of enactment of this Act and until the date of enactment of a law that extends by not less than 5 fiscal years the authorization or duration of 1 or more programs under the Richard B. Russell School Lunch Act (42 U.S.C. 1751 et seq.) or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), the Secretary of Agriculture shall not implement, administer, or enforce the rules or regulations described in subsection (b) with respect to any school food authority that certifies to the State in which the school food authority is located that the school food authority-- (A) has calculated the costs of complying with such rules and regulations; and (B) has determined, in a manner consistent with school district operational procedures, that the school food authority is not capable of operating a food service program without increased costs as a result of complying with any or all of such rules and regulations. (2) Prohibition on defining costs.--For purposes of this subsection, the Secretary of Agriculture shall not-- (A) define the phrase ``costs of complying''; or (B) establish or suggest how a school food authority shall calculate the costs of complying under paragraph (1)(A) or increased costs under paragraph (1)(B). (b) Regulations.--The rules and regulations described in subsection (a)(1) are the following: (1) The rule entitled ``National School Lunch Program and School Breakfast Program: Nutrition Standards for All Foods Sold in School as Required by the Healthy, Hunger-Free Kids Act of 2010'' published by the Department of Agriculture in the Federal Register on June 28, 2013 (78 Fed. Reg. 39068 et seq.), or any new rule with respect to foods sold in schools other than those foods provided under the Richard B. Russell School Lunch Act (42 U.S.C. 1751 et seq.) or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). (2) Part 210 of title 7, Code of Federal Regulations (as amended by the interim regulations published by the Department of Agriculture in the Federal Register on June 17, 2011 (76 Fed. Reg. 35301 et seq.)), as such part relates to school lunch price increases, or any new rule or regulation with respect to increasing the price of school lunches under the Richard B. Russell School Lunch Act (42 U.S.C. 1751 et seq.). (3) Part 220 of title 7, Code of Federal Regulations (as amended by the final regulations published by the Department of Agriculture in the Federal Register on January 26, 2012 (77 Fed. Reg. 4088 et seq.)), as such part relates to establishing new food-based meal patterns, nutrition standards, and meal planning approaches for the school breakfast program, or any new rule or regulation which establishes new food-based meal patterns, nutrition standards, or meal planning approaches for the school breakfast program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). SEC. 5. RULES OF CONSTRUCTION. Nothing in this Act prohibits the Secretary of Agriculture from implementing, administering, or enforcing-- (1) any rules or regulations not described in this Act; or (2) parts 210 and 220 of title 7, Code of Federal Regulations, as such parts were in effect on the day before the effective dates of the amendments made to such parts described in paragraphs (2) and (3) of section 4(b), respectively.

Reducing Federal Mandates on School Lunch Act This bill prohibits the Department of Agriculture (USDA) from implementing, administering, or enforcing a specified regulation, or promulgating or enforcing any new rule or regulation, establishing a maximum calorie limit or quantity of grains, meat, or meat alternatives for the school lunch program. USDA may not implement, administer, or enforce specified rules and regulations with respect to any school food authority that certifies to its state that it: (1) has calculated the costs of complying with such rules and regulations; and (2) has determined, in a manner consistent with school district operational procedures, that it cannot operate a food service program without incurring increased costs for complying with those rules and regulations. Those rules and regulations are: the rule entitled "National School Lunch Program and School Breakfast Program: Nutrition Standards for All Foods Sold in School as Required by the Healthy, Hunger-Free Kids Act of 2010"; any new rule regarding foods sold in schools that are not foods provided under the school lunch or breakfast programs; a specified regulation and any new rule or regulation regarding school lunch price increases; and a specified regulation and any new rule or regulation which establishes new food-based meal patterns, nutrition standards, or meal planning approaches for the school breakfast program. USDA may not define the phrase "costs of complying" or establish or suggest how a school food authority is to calculate those costs or increased costs for complying. The prohibitions will remain in effect until a law is enacted that extends by at least five fiscal years the authorization or duration of one or more school lunch or breakfast programs. The bill amends the Richard B. Russell National School Lunch Act to prohibit USDA from implementing any regulation that would require a reduction in the quantity of sodium contained in federally reimbursed meals, foods, and snacks sold in schools below specified July 2014 maximum levels allowed in school breakfasts for school year 2014-2015. With respect to grain contents, USDA shall only require that half of all grains in such food items are whole grain-rich. School food authorities must comply with the applicable grain component or standard with respect to the school lunch or school breakfast program in effect before July 1, 2014.

{"src": "billsum_train", "title": "Reducing Federal Mandates on School Lunch Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equity in Career and Technical Education Act of 2016''. SEC. 2. REFERENCES. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.). SEC. 3. PURPOSE. Section 2 (20 U.S.C. 2301) is amended to read as follows: ``SEC. 2. PURPOSE. ``The purpose of this Act is to support the development of and access to high-quality career and technical education programs of study that successfully prepare students for college and careers, thereby ensuring the global competitiveness of the United States and the economic self-sufficiency of the citizens of the United States.''. SEC. 4. DEFINITIONS. Section 3 (20 U.S.C. 2302) is amended-- (1) by redesignating paragraphs (15) through (28) and (29) through (34) as paragraphs (16) through (29) and (31) through (36), respectively; (2) by inserting after paragraph (14) the following: ``(15) Equity gap.--The term `equity gap' means the gaps in participation and performance on the core indicators of performance described in section 113(b)(2) for career and technical education programs of study, as described in section 122(c)(1)(A), between student groups based on gender, race, and each of the special populations described in paragraph (31), as compared to all students served by the eligible agency or eligible recipient under this Act.''; (3) by inserting after paragraph (29), as redesignated by paragraph (1), the following: ``(30) Self-sufficiency.--The term `self-sufficiency' means a wage that enables a household to meet the costs of the basic needs in the local area of the household and to build sufficient savings for the future.''; and (4) in paragraph (33), as redesignated by paragraph (1), by striking ``and instructional aids and devices.'' and inserting ``instructional aids and devices, transportation, child care, dependent care, tuition, books, supplies, and other services necessary to enable an individual to participate in career and technical education activities.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 4 (20 U.S.C. 2307) is amended by striking ``2007 through 2012'' and inserting ``2017 through 2021''. SEC. 6. WITHIN STATE ALLOCATION. Subparagraph (B) of section 112(a)(2) (20 U.S.C. 2322(a)(2)) is amended to read as follows: ``(B) not less than $100,000 shall be reserved to provide technical assistance and professional development to local educational agencies on effective strategies for closing equity gaps; and''. SEC. 7. ACCOUNTABILITY. Section 113 (20 U.S.C. 2323) is amended-- (1) in subsection (b)-- (A) in paragraph (3)(A)-- (i) in clause (i)(II), by inserting ``closing equity gaps and'' after ``progress toward''; and (ii) in clause (vi)(II), by inserting ``close equity gaps and'' after ``levels of performance''; and (B) in paragraph (4)-- (i) in subparagraph (A)-- (I) in clause (i)(II), by inserting ``closing equity gaps and'' after ``progress toward''; and (II) in clause (v)(II), by inserting ``close equity gaps and'' after ``levels of performance''; and (ii) in subparagraph (C)-- (I) in clause (i)-- (aa) by striking ``regarding the progress'' and inserting the following: ``regarding-- ``(I) the progress''; (bb) by striking ``indicators of performance.'' and inserting ``indicators of performance; and''; and (cc) by adding at the end the following: ``(II) how the eligible recipient has used funds to provide programs and support services to close the equity gaps identified under clause (ii)(II).''; and (II) in clause (ii)-- (aa) in subclause (I), by striking ``for the subgroups of students'' and all that follows through ``; and'' and inserting ``by gender, by race, and for each of the special populations described in section 3(31); and''; and (bb) in subclause (II), by striking ``disparities or gaps in performance'' and inserting ``equity gaps''; and (2) in subsection (c)-- (A) in paragraph (1)-- (i) by striking ``and'' after the semicolon; (ii) by redesignating subparagraph (B) as subparagraph (C); and (iii) by inserting after subparagraph (A) the following: ``(B) the progress of the State in closing equity gaps and how the eligible agency has used funds to provide programs and services for eligible recipients to close such equity gaps; and''; and (B) in paragraph (2)-- (i) in subparagraph (A), by striking ``for the categories'' and all that follows through ``; and'' and inserting ``by gender, race, and for each of the special populations described in section 3(31); and''; and (ii) in subparagraph (B), by striking ``disparities or gaps in performance between any such category of students and the performance of all students served by the eligible agency under this Act'' and inserting ``equity gaps between any category of students described in subparagraph (A)''. SEC. 8. NATIONAL ACTIVITIES. Section 114(d) (20 U.S.C. 2324(d)) is amended-- (1) in paragraph (1)(B)-- (A) in clause (v), by striking ``and'' after the semicolon; (B) by redesignating clause (vi) as clause (vii); and (C) by inserting after clause (v) the following: ``(vi) individuals with expertise on the development of programs that have been effective in closing equity gaps; and''; (2) in paragraph (2)(B)-- (A) in clause (i), by inserting ``and have been successful in closing equity gaps'' after ``under this Act''; and (B) in the matter preceding subclause (I) of clause (iii), by inserting ``, disaggregated as described in section 113(b)(4)(C)(ii)(I) and'' before ``including analyses''; (3) in the matter preceding subclause (I) of paragraph (4)(A)(i), by inserting ``closing equity gaps and'' before ``addressing''; and (4) in paragraph (5), by striking ``for providing'' and inserting ``for closing equity gaps by providing high- quality''. SEC. 9. STATE ADMINISTRATION. Section 121(a) (20 U.S.C. 2341(a)) is amended-- (1) in paragraph (3), by striking ``and'' after the semicolon; (2) in paragraph (4)(B), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(5) conducting an equity gap analysis.''. SEC. 10. STATE PLAN. Section 122(c) (20 U.S.C. 2342(c)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (K), by striking ``and'' after the semicolon; (B) in subparagraph (L), by inserting ``and'' after the semicolon; and (C) by adding at the end the following: ``(M) how funds will be used to support State technical assistance and professional development to close the equity gaps identified in section 121(a)(5);''; (2) in paragraph (2)(E), by inserting ``close equity gaps and'' after ``and skills needed to''; and (3) in the matter preceding subparagraph (A) of paragraph (9), by striking ``for special populations'' and inserting ``for closing equity gaps''. SEC. 11. STATE PROGRAM IMPROVEMENT. Section 123 (20 U.S.C. 2343) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by inserting ``, or fails to show improvement on closing any equity gap identified under section 113(c)(2)(B) for the preceding fiscal year,'' after ``upon State adjusted level of performance''; and (ii) by inserting ``or close equity gaps,'' after ``adjusted level of performance,''; (B) in paragraph (3)-- (i) in subparagraph (A)-- (I) in clause (ii)-- (aa) by inserting ``, or in closing equity gaps,'' after ``levels of performance''; and (bb) by striking ``or'' after the semicolon; (II) in clause (iii), by striking the period at the end and inserting ``; or''; and (III) by adding at the end the following: ``(iv) fails to show improvement on closing equity gaps for the populations identified in section 113(c)(2)(A) for 3 consecutive years.''; (ii) by redesignating subparagraph (B) as subparagraph (C); and (iii) by inserting after subparagraph (A) the following: ``(B) Use of funds.--An eligible agency shall use funds made available under section 112(c) for the purposes described in section 124(b)(10) when the eligible agency-- ``(i) fails to show improvement in closing equity gaps within the first program year of implementation of its improvement plan described in paragraph (1); or ``(ii) fails to show improvement on closing equity gaps for the populations identified in section 113(c)(2)(A) for 3 consecutive years.''; and (2) in subsection (b)-- (A) in paragraph (1), by inserting ``conduct an equity gap analysis to'' after ``shall''; (B) in paragraph (2)-- (i) by inserting ``, or failed to show improvement on the closing of equity gaps identified in section 113(b)(4)(C)(ii)(II),'' after ``upon local adjusted level of performance''; and (ii) by striking ``(with special consideration to performance gaps identified under section 113(b)(4)(C)(ii)(II))''; and (C) in paragraph (4)-- (i) in subparagraph (A)-- (I) in clause (ii)-- (aa) by inserting ``in closing equity gaps or'' after ``any improvement''; and (bb) by striking ``or'' after the semicolon; (II) in clause (iii), by striking the period at the end and inserting ``; or''; and (III) by adding at the end the following: ``(iv) fails to show improvement on closing equity gaps for the populations identified in section 113(b)(4)(C)(ii)(I) for 3 consecutive years.''; and (ii) by adding at the end the following: ``(C) Additional requirements.--An eligible entity shall require an eligible recipient receiving an allocation under this title to use not less than 10 percent of the funds made available to the eligible recipient under section 131 or 132 to meet the purposes described in section 135(b)(9) in any case where an eligible recipient-- ``(i) fails to show improvement in closing equity gaps within the first program year of implementation of its improvement plan described in paragraph (1); or ``(ii) fails to show improvement on closing equity gaps for the populations identified in section 113(c)(2)(A) for 3 consecutive years.''. SEC. 12. STATE LEADERSHIP ACTIVITIES. Section 124(b) (20 U.S.C. 2344(b)) is amended-- (1) in paragraph (1), by inserting ``equity gap'' before ``assessment of the career''; (2) in paragraph (8), by striking ``and'' after the semicolon; (3) in paragraph (9), by striking the period and inserting ``; and''; and (4) by adding at the end the following: ``(10) delivering professional development, leadership, and technical assistance for eligible recipients to close equity gaps identified in paragraph (1) for any of the core indicators of performance described in section 113(b)(4).''. SEC. 13. LOCAL PLAN FOR CAREER AND TECHNICAL EDUCATION PROGRAMS. Section 134(b) (20 U.S.C. 2354(b)) is amended-- (1) in paragraph (2), by inserting ``closing equity gaps and'' after ``with respect to''; and (2) in paragraph (4), by inserting ``the closing of equity gaps and'' before ``the integration of''. SEC. 14. LOCAL USES OF FUNDS. Section 135(b) (20 U.S.C. 2355(b)) is amended-- (1) in paragraph (5)(A)-- (A) in clause (iii), by striking ``and'' after the semicolon; (B) in clause (iv), by inserting ``and'' after the semicolon; and (C) by adding at the end the following: ``(v) effective practices to close equity gaps in career and technical education programs of study;''; (2) in paragraph (6), by striking ``assessment of how'' and inserting ``equity gap assessment of how''; and (3) in paragraph (9), by inserting ``to close equity gaps and'' after ``provide activities''.

Equity in Career and Technical Education Act of 2016 This bill amends the Carl D. Perkins Career and Technical Education Act of 2006 to require state and local educational agencies to conduct an annual equity gap assessment for career and technical education programs of study and create plans on how to reduce the gap.The "equity gap" consists of the gaps in participation and performance between students based on gender, race, and certain special populations. The bill requires states to provide professional development and technical assistance to help local educational agencies close equity gaps in career and technical education.States and local agencies that fail to make improvements in closing equity gaps must implement an improvement plan.The Department of Education (ED)may withhold funding from states that fail to show improvement in closing equity gaps.Additionally, states may withhold funding from local agencies that fail to make improvements. States must also annually report toED on the progress of the state in closing equity gaps.

{"src": "billsum_train", "title": "Equity in Career and Technical Education Act of 2016"}

SECTION 1. PRIVATE EDUCATION LOAN REFINANCING. Title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) is amended by adding at the end the following: ``PART J--PRIVATE EDUCATION LOAN REFINANCING ``SEC. 499A. PRIVATE EDUCATION LOAN REFINANCING FOR PHYSICIANS. ``(a) In General.-- ``(1) Authority.--The Secretary shall carry out a Physician Private Education Loan Refinancing Program in accordance with this section. ``(2) Availability of funds.--There are hereby made available, in accordance with the provisions of this section, such sums as may be necessary to make loans under this section through refinancing private education loans to all individuals eligible to receive refinancing under this section. ``(3) Private education loan.--In this section, the term `private education loan' has the meaning given the term `qualified education loan' in section 221 of the Internal Revenue Code, but does not include any loan made under this title or under the Public Health Service Act. ``(b) Eligible Borrower.--An individual shall be eligible to receive private education loan refinancing under this section if the individual meets the following requirements: ``(1) The individual is participating in a residency program, approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association, at a hospital in one of the following specialties: ``(A) Family medicine. ``(B) Obstetrics/gynecology. ``(C) General internal medicine. ``(D) Gerontology. ``(E) General pediatrics. ``(F) General psychiatry. ``(2) The individual is not enrolled, on a half-time or more basis, in an eligible institution under this title (as such term is defined in section 435(a)). ``(3) The individual is indebted on at least 1 private education loan for the period of enrollment preceding their residency program. ``(4) The individual is not in default on a loan made, insured, or guaranteed under this title. ``(5) The individual has not previously obtained refinancing under this section. ``(c) Refinancing Under the Physician Private Education Loan Refinancing Program.-- ``(1) In general.--The Secretary shall refinance a private education loan in accordance with this section for an individual who is eligible for private education loan refinancing pursuant to subsection (b). Such refinancing loans shall have the same terms and conditions as a Federal Direct Consolidation Loan, except as provided in paragraphs (4) and (5). ``(2) Types of loans eligible to be refinanced.--A private education loan is eligible to be refinanced under this section if the loan was incurred after July 1, 2008. ``(3) Loan limits.--The maximum amount of private education loans that may be refinanced by an individual under this section is an amount equal to the sum of unpaid principal, accrued interest, and late charges of all private education loans eligible under paragraph (2) incurred by such individual. ``(4) Interest rate.--The interest rate for a private education loan refinanced under this section shall be 8.25 percent. ``(5) Repayment terms.--A loan refinanced under this section shall have the same repayment terms, conditions, and benefits as a Federal Direct Consolidation Loan, except that such loan shall not be eligible for-- ``(A) consolidation with any other loan eligible for loan consolidation under this title; ``(B) income-based repayment terms under this title; or ``(C) any loan forgiveness or cancellation provided under this title or under the Public Health Service Act, except in the case of death or permanent and total disability. ``(6) Loan application and promissory note.--The Secretary shall develop and distribute a standard application and promissory note and loan disclosure form for loans refinanced under this section. ``(7) Loan disbursement.--The proceeds of any loan refinanced under this section shall be paid by the Secretary directly to the holder of the private education loan being refinanced for the purpose of discharging or reducing the debt on such private education loan on behalf of the borrower, subject to repayment terms under this section. ``(d) Annual Report to Congress.--The Secretary shall report to Congress annually on the volume and repayment status of private education loans refinanced under this section.''.

Amends title IV (Student Assistance) of the Higher Education Act of 1965 to direct the Secretary of Education to refinance the private education loans of individuals who are participating in a residency program in: (1) family medicine; (2) obstetrics/gynecology; (3) general internal medicine; (4) gerontology; (5) general pediatrics; or (6) general psychiatry. Sets the interest rate on the refinanced loans at 8.25%. Requires the refinanced loans to have the same terms and conditions as a Direct Consolidation Loan, except they are made ineligible for: (1) consolidation with another loan eligible for consolidation under title IV; (2) income-based repayment terms under title IV; or (3) any loan forgiveness or cancellation under title IV or the Public Health Service Act, except in the case of death or permanent and total disability.

{"src": "billsum_train", "title": "To amend the Higher Education Act of 1965 to provide for the refinancing of certain private education loans for physicians practicing primary care medicine."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Breast Cancer Education and Awareness Requires Learning Young Act of 2009'' or ``EARLY Act''. SEC. 2. YOUNG WOMEN'S BREAST CANCER AWARENESS AND SUPPORT. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``PART S--PROGRAMS RELATING TO BREAST CANCER ``SEC. 399HH. YOUNG WOMEN'S BREAST CANCER AWARENESS AND SUPPORT. ``(a) Public Education Campaign.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall conduct a national evidence-based education campaign-- ``(A) to increase public awareness regarding the threats posed by breast cancer to young women of all ethnic and cultural backgrounds, including the particular risks faced by certain ethnic and cultural groups; and ``(B) focusing on awareness of risk factors of breast cancer among young women and achieving early detection of breast cancer among young women through community-centered informational forums, public service advertisements, and media campaigns. ``(2) Authorized activities.--In conducting the education campaign under paragraph (1), the Secretary may-- ``(A) make public announcements targeted towards young women with the goal of educating them that breast cancer occurs in young women and the steps they can take to recognize their individual risk factors and ensure early detection of breast cancer, ensuring that such messaging is age-appropriate; ``(B) provide education, through written materials, identifying evidence based methods to lower the risk of breast cancer in young women through changes in lifestyle including diet, exercise, and environmental factors; ``(C) conduct other activities determined by the Secretary to promote educational awareness, early detection, and risk-reducing practices among young women and increase the number of young women with breast cancer warning signs who seek immediate care; ``(D) award grants, contracts, or cooperative agreements to appropriate State agencies to carry out secondary school and university education campaigns, focusing on breast cancer awareness among young women; ``(E) develop and distribute to young women, physicians, and other appropriate health care professionals, educational materials-- ``(i) designed for young women; ``(ii) relating to particular risk factors for breast cancer in women under the age of 40; ``(iii) identifying methods for increasing early detection, including clinical breast exams, blood component analysis, and where there is a increased risk of breast cancer due to ethnic background, genetic mutations, or other risk factors, other predictive tools such as genetic counseling and testing; ``(iv) identifying methods for increasing self awareness, including breast self exams, learning how to perform such exams, and knowing the signs of breast malignancies; ``(v) identifying evidenced based methods to lower the risk of breast cancer through changes in lifestyle, including diet, exercise, and environmental factors; ``(vi) identifying available treatment options for breast cancer; and ``(vii) for young women who have been diagnosed with breast cancer, health information from credible sources that provides information on-- ``(I) fertility preservation; ``(II) support, including social, emotional, psychosocial, financial, lifestyle, and caregiver support; ``(III) familial risk factors; and ``(IV) risk reduction strategies to reduce recurrence or metastasis; and ``(F) carry out a health education program targeted to specific higher-risk populations of young women based on race, ethnicity, level of acculturation, and family history, including the African-American and Ashkenazi Jewish populations under 40 years of age. ``(3) Media campaign.--In conducting the education campaign under paragraph (1), the Secretary shall award grants to entities to establish national multimedia campaigns oriented to young women that-- ``(A) will encourage young women to be aware of-- ``(i) their personal risk factors, including by talking to their medical practitioner about those risks; ``(ii) strategies for increasing early detection, including clinical breast exams, and where there is a increased risk of breast cancer due to ethnic background, genetic mutations, or other risk factors, other predictive tools such as genetic counseling and testing; ``(iii) strategies for increasing self awareness, including doing breast self exams, learning how to perform such exams, and knowing the signs of breast malignancies; ``(iv) evidence based preventative lifestyle changes, including eating healthily and maintaining a healthy weight; and ``(v) other breast cancer early detection and risk reduction strategies determined appropriate by the Secretary; ``(B) will encourage young women of specific higher-risk populations based on race, ethnicity, level of acculturation, and family history, including the African-American and Ashkenazi Jewish populations under 40 years of age to talk to their medical practitioners about those risks and methods for appropriate screening and surveillance, including available genetic testing and counseling; and ``(C) may include advertising through television, radio, print media, billboards, posters, all forms of existing and emerging social networking media, other Internet media, and any other media determined appropriate by the Secretary. ``(4) Advisory committee.--. ``(A) Establishment.--Not later than 60 days after the date of the enactment of this section, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish an advisory committee to assist in creating and conducting the education campaign under paragraph (1). ``(B) Membership.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall appoint to the advisory committee under subparagraph (A) such members as deemed necessary to properly advise the Secretary, and shall include organizations and individuals with expertise in breast cancer prevention, diagnosis, genetic screening and counseling, treatment, and rehabilitation in young women. ``(b) Health Care Professional Education Campaign.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, and in consultation with the Administrator of the Health Resources and Services Administration, shall conduct an education campaign to increase awareness among physicians and other health care professionals-- ``(A) relating to the risk factors, risk reduction strategies, early diagnosis and treatment of breast cancer in young women; ``(B) on when to refer patients to a health care provider with genetics expertise; and ``(C) on how to provide counseling that addresses long-term survivorship and health concerns of young women diagnosed with breast cancer. ``(2) Materials.--The education campaign under paragraph (1) may include the distribution of print, video, and Web-based materials on assisting physicians and other health care professionals in-- ``(A) identifying generally the risk factors and early warning signs and symptoms of breast cancer specific to women under the age of 40 and the specific risk factors that would require increased monitoring; ``(B) counseling patients on the benefits of evidence based healthy lifestyles which reduce the risks of breast cancer; ``(C) counseling patients on the importance of consistent breast self exams to facilitate breast self awareness and teaching patients how to perform such exams; ``(D) understanding the importance of early diagnosis, including teaching young women the symptoms of breast cancer and early detection practices, including clinical breast exams, blood component analysis, genetic counseling and testing where appropriate, and other strategies determined to be appropriate by the Secretary; and ``(E) the unique long-term effects faced by young women with breast cancer that will need to be addressed over their lifetimes, including-- ``(i) re-entry into the workforce or school; ``(ii) infertility as a result of treatment; ``(iii) neuro-cognitive effects; ``(iv) important effects of cardiac, vascular, muscle, and skeletal complications; and ``(v) secondary malignancies. ``(c) Prevention Research Activities.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall conduct prevention research on breast cancer in younger women, including the following: ``(1) Behavioral and other research on the impact of breast cancer diagnosis on young women. ``(2) Formative research to assist with the development of educational messages and information for the public, targeted populations, and their families about breast cancer. ``(3) Surveys of physician and public knowledge, attitudes, and practices about breast cancer prevention and control in high-risk populations. ``(d) Support for Young Women Diagnosed With Breast Cancer.-- ``(1) In general.--The Secretary shall award grants to organizations and institutions to provide health information from credible sources and substantive assistance directed to young women diagnosed with breast cancer on-- ``(A) education and counseling regarding fertility preservation; ``(B) support, including social, emotional, psychosocial, financial, lifestyle, and caregiver support; ``(C) familial risk factors; and ``(D) risk reduction strategies to reduce recurrence or metastasis. ``(2) Priority.--In making grants under paragraph (1), the Secretary shall give priority to applicants that deal specifically with young women and breast cancer. ``(e) No Duplication of Effort.--In conducting an education campaign or other program under subsections (a), (b), (c), or (d), the Secretary shall avoid duplicating other existing Federal breast cancer education efforts. ``(f) Measurement; Reporting.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall-- ``(1) measure young women's awareness regarding breast cancer, including knowledge of specific risk factors and early warning signs, and young women's proactive efforts at early detection, including seeking out information on risk-reducing lifestyle choices, the number or percentage of young women receiving regular clinical breast exams, the number or percentage of young women who perform breast self exams, and the frequency of such exams, before the implementation of this section; ``(2) establish quantitative benchmarks to measure the impact of activities under this section; ``(3) not less than every 3 years, measure the impact of such activities; and ``(4) submit reports to the Congress on the results of such measurements. ``(g) Definitions.--In this section-- ``(1) 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 United States Virgin Islands; and ``(2) the term `young women' means women 15 to 39 years of age. ``(h) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $9,000,000 for each of the fiscal years 2010 through 2014.''.

Breast Cancer Education and Awareness Requires Learning Young Act of 2009 or EARLY Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention (CDC), to conduct a national evidence-based education campaign: (1) to increase public awareness regarding the threats posed by breast cancer to young women, including the particular risks faced by certain ethnic and cultural groups; and (2) focusing on awareness of risk factors and achieving early detection through community-centered informational forums, public service advertisements, and media campaigns. Directs the Secretary to award grants to entities to establish national multimedia campaigns that: (1) will encourage young women to be aware of their personal risk factors, strategies for increasing early detection and self awareness, evidence based preventative lifestyle changes, and other appropriate breast cancer early detection and risk reduction strategies; (2) will encourage young women of specific higher-risk populations to talk to their medical practitioners about those risks and methods for appropriate screening and surveillance; and (3) may include advertising through specified media. Requires the Secretary, acting through the Director, to: (1) establish an advisory committee to assist in creating and conducting the public education campaign; (2) conduct an education campaign to increase awareness among health care professionals; and (3) conduct prevention research. Directs the Secretary to award grants to organizations and institutions to provide to young women diagnosed with breast cancer substantive assistance and health information from credible sources on: (1) education and counseling regarding fertility preservation; (2) social, emotional, psychosocial, financial, lifestyle, and caregiver support; (3) familial risk factors; and (4) risk reduction strategies to reduce recurrence or metastasis.

{"src": "billsum_train", "title": "To amend the Public Health Service Act to increase awareness of the risks of breast cancer in young women and provide support for young women diagnosed with breast cancer."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Official Mail Accountability Act of 1994''. SEC. 2. REPEAL OF FRANK; REQUIREMENTS RELATING TO THE USE OF OFFICIAL MAIL. (a) Official Mail Transmitted by the Vice President, Members of Congress, and Congressional Officials.--Section 3210 of title 39, United States Code, is amended-- (1) in subsection (a)-- (A) by striking out ``mail as franked mail'' in paragraph (1) and inserting in lieu thereof ``official mail''; (B) by striking out ``frankable'' in paragraph (3) and inserting in lieu thereof ``official mail''; (C) by striking out ``under the franking privilege'' in paragraph (3)(I) and inserting in lieu thereof ``as official mail''; (D) in paragraph (4)-- (i) by striking out ``the franking privilege'' in paragraph (4) and inserting in lieu thereof ``official mail''; and (ii) by striking out ``franked mail'' and inserting in lieu thereof ``official mail''; (E) in paragraph (5)-- (i) by striking out ``franked mail'' in the matter that precedes subparagraph (A) and inserting in lieu thereof ``official mail''; and (ii) by striking out ``frankable mail'' in subparagraph (B)(i) and inserting in lieu thereof ``official mail''; and (F) by striking out ``franked mail'' in subparagraphs (A) and (C) of paragraph (6) and inserting in lieu thereof ``official mail''; (2) in subsection (b)-- (A) by striking out ``franked mail'' both places it appears in paragraph (1) and inserting in lieu thereof ``official mail''; (B) by striking out ``franking privilege'' and inserting in lieu thereof ``under paragraph (1)''; and (C) by striking out ``franked mail'' and inserting in lieu thereof ``official mail''; (3) in subsection (c), by striking out ``Franked mail'' both places it appears and inserting in lieu thereof ``Official mail''; (4) in subsection (d)-- (A) by striking out ``franked mail'' each place it appears in paragraphs (1) through (6) and inserting in lieu thereof ``official mail''; and (B) by striking out ``Franked mail'' and inserting in lieu thereof ``Official mail''; (5) by striking out subsection (e); (6) in subsection (f)-- (A) by striking out ``franked mail'' and inserting in lieu thereof ``official mail''; (B) by striking out ``frankable mass mailing'' and inserting in lieu thereof ``official mail mass mailing''; and (C) by striking out ``frankable'' and inserting in lieu thereof ``official mail''; and (7) in subsection (g)-- (A) by striking out ``franked mail mailed under the frank of the Vice President or a Member of Congress'' and inserting in lieu thereof ``official mail mailed under this section''; (B) by striking out ``frankable'' and inserting in lieu thereof ``official mail''; and (C) by striking out ``frank'' and inserting in lieu thereof ``section''; and (8) by amending the section heading to read as follows: ``Sec. 3210. Official mail transmitted by the Vice President, Members of Congress, and congressional officials''. (b) Public Documents.--Section 3211 of such title is amended by striking out ``franked mail'' and inserting in lieu thereof ``official mail''. (c) Congressional Record as Official Mail of Members of Congress.-- Section 3212 of such title is amended-- (1) by striking out ``franked mail'' each place it appears and inserting in lieu thereof ``official mail''; and (2) by amending the section heading to read as follows: ``Sec. 3212. Congressional Record as official mail of Members of Congress''. (d) Seeds and Reports from the Department of Agriculture.--Section 3213 of such title is amended by striking out ``franked mail'' and inserting in lieu thereof ``official mail''. (e) Mailing Privilege of Former President; Surviving Spouse of Former President.--Section 3214 of such title is amended by striking out ``franked mail'' and inserting in lieu thereof ``official mail''. (f) Lending or Permitting Use of Frank.--Section 3215 of such title is repealed. (g) Reimbursement for Official Mailings.--Section 3216 of such title-- (1) in subsection (a)-- (A) by striking out ``under the franking privilege'' in paragraph (1)(A) and inserting in lieu thereof ``as official mail''; (B) by striking out ``franked mail'' in paragraph (2) and inserting in lieu thereof ``official mail''; and (C) by striking out the last sentence thereof; (2) in subsection (c), by striking out ``under the frank'' and inserting in lieu thereof ``as official mail''; (3) in subsection (d), by striking out ``under the franking privilege'' and inserting in lieu thereof ``as official mail''; (4) in subsection (e)(1), by striking out ``franked mail'' and inserting in lieu thereof ``official mail''; and (5) by amending the section heading to read as follows: ``Sec. 3216. Reimbursement for official mailings''. (h) Franked Mail for Survivors of Members of Congress.--Section 3218 of such title is amended-- (1) by striking out ``franked mail'' and inserting in lieu thereof ``official mail''; and (2) by amending the section heading to read as follows: ``Sec. 3218. Official mail for survivors of Members of Congress''. (i) Mailgrams.--Section 3219 of such title is amended by striking out ``franked mail'' both places it appears and inserting in lieu thereof ``official mail''. (j) Use of Official Mail in the Location and Recovery of Missing Children.--Section 3220(b) of such title is amended by striking out ``franked mail'' and inserting in lieu thereof ``official mail''. (k) Definitions.--Section 3201 of such title is amended-- (1) in paragraph (1), by striking out ``other than franked mail'' and inserting in lieu thereof ``other than official mail subject to section 3210 of this title''; and (2) by striking out paragraphs (3) and (4). (l) Shipment by Most Economical Means.--Section 3208 of such title is amended by striking out ``other than franked mail''. (m) Tables of Sections and Chapters.--(1) The chapter heading and table of sections at the beginning of chapter 32 of such title are amended to read as follows: ``CHAPTER 32--PENALTY AND OFFICIAL MAIL ``Sec. ``3201. Definitions. ``3202. Penalty mail. ``3203. Endorsements on penalty covers. ``3204. Restrictions on use of penalty mail. ``3205. Accounting for penalty covers. ``3206. Reimbursement for penalty mail service. ``3207. Limit of weight of penalty mail; postage on overweight matter. ``3208. Shipment by most economical means. ``3209. Executive departments to supply information. ``3210. Official mail transmitted by the Vice President, Members of Congress, and congressional officials. ``3211. Public documents. ``3212. Congressional Record as official mail of Members of Congress. ``3213. Seeds and reports from Department of Agriculture. ``3214. Mailing privilege of former President; surviving spouse of former President. ``3215. [repealed] ``3216. Reimbursement for official mailings. ``3217. Correspondence of members of diplomatic corps and consuls of countries of Postal Union of Americas and Spain. ``3218. Official mail for survivors of Members of Congress. ``3219. Mailgrams. ``3220. Use of official mail in the location and recovery of missing children.''. (2) The item in the table of chapters at the beginning of part IV of such title is amended to read as follows: ``32. Penalty and official mail............................. 3201''. SEC. 3. AMENDMENTS RELATING TO THE CONGRESS. (a) Official Mail Privileges of Former Speakers.--The provisions of H. Res. 1238, Ninety-first Congress, as enacted into permanent law by the Supplemental Appropriations Act, 1971 (84 Stat. 1989), as extended to former Speakers of the House of Representatives by Public Law 93-532 (88 Stat. 1723), are deemed to be amended by substituting ``official mail'' for ``franked mail'' each place it appears. (b) Transportation of Official Records and Papers to House Member's District.--The provisions of H. Res. 1280, Ninety-fifth Congress, and House Resolution 1297, Ninety-fifth Congress, as enacted into permanent law by Public Law 98-51 (97 Stat. 269) are deemed to be amended by substituting ``official mail'' for ``franked mail''. (c) Official Mail of Certain Persons Formerly Entitled to Use the Congressional Frank.--Section 311 of the Legislative Branch Appropriations Act, 1991 (2 U.S.C. 59e) is amended-- (1) by striking out ``entitled to use the congressional frank'' each place it occurs and inserting in lieu thereof ``entitled to send congressional official mail''; and (2) in subsections (a)(3) and (g), by striking out ``the frank'' and inserting in lieu thereof ``official mail''; and (3) in subsection (e)(2)(A), by striking out ``franked mail'' and inserting in lieu thereof ``official mail''. (d) Mass Mailing Information by Senators.--Section 320 of the Legislative Branch Appropriations Act, 1991 (2 U.S.C. 59g) is amended by striking out ``under the frank'' and inserting in lieu thereof ``as official mail''. (e) House Commission on Congressional Mailing Standards.--Section 5 of Public Law 93-191 (2 U.S.C. 501) is amended-- (1) in subsection (d), by striking out ``franked mail'' both places it appears and inserting in lieu thereof ``official mail''; and (2) in the ninth sentence of subsection (e), by striking out ``franking laws'' and all that follows through ``franked mail'' and inserting in lieu thereof ``or abuse of the official mailing laws by any person listed under subsection (d) of this section as entitled to send mail as official mail''. (f) Select Committee on Standards and Conduct.--Section 6 of Public Law 93-191 (2 U.S.C. 502) is amended-- (1) in subsection (a)-- (A) by striking out ``franked mail'' both places it appears and inserting in lieu thereof ``official mail''; and (B) by striking out ``the franking privilege'' and inserting in lieu thereof ``official mail''; (2) in subsection (c), by striking out ``franking laws'' and all that follows through ``franked mail'' and inserting in lieu thereof ``or abuse of the official mailing laws by any person listed under subsection (a) of this section as entitled to send mail as official mail''. (g) House Legislative Counsel.--Section 525 of Public Law 91-510 (2 U.S.C. 282d) is amended by striking out ``franked mail'' and inserting in lieu thereof ``official mail''. (h) Documents and Reports.--(1) The second and third undesignated paragraphs of section 733 of title 44, United States Code, are repealed. (2) Section 907 of such title is amended by striking out ``franked mail'' and inserting in lieu thereof ``official mail''.

Official Mail Accountability Act of 1994 - Replaces references to the franking privilege and franked mail in specified Federal law with references to official mail (thus, eliminating the franking privilege).

{"src": "billsum_train", "title": "Official Mail Accountability Act of 1994"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Access to Contraceptives Act of 2006''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) A deepening crisis in developing countries with respect to the availability of contraceptives needed for family planning, safe motherhood services, HIV/AIDS prevention, and other vital reproductive health care threatens the health and lives of millions of people. (2) In the next ten to fifteen years, the largest-ever generation of young people will enter their reproductive years. For example, the number of women of reproductive age is projected to double in Nigeria in the next 25 years. This demographic shift, combined with increased demand for modern methods of family planning, will increase worldwide the number of people who desire to use contraception by 40 percent. (3) The gap between the need for contraceptives and funding for such contraceptives is projected to reach hundreds of millions of United States dollars annually by 2015. (4) According to estimates based on national surveys, more than 200 million women in developing countries wish to delay or end childbearing but do not have access to modern contraceptives. (5) An estimated 40 percent of married couples in Haiti, 36 percent of married couples in Ethiopia, and 32 percent of married couples in Pakistan do not have access to contraceptives. In each of these countries, average birth rates among women are two to three times average birth rates in the United States. (6) Access to family planning and contraceptives is essential in reducing unintended pregnancies and, as a result, reducing rates of abortion. (7) The provision of modern contraceptives to the more than 200 million women in developing countries who desire such contraceptives would avert approximately 52 million pregnancies each year, and as a result, would prevent an estimated 23 million unplanned births, 22 million induced abortions, 7 million spontaneous abortions, 1.4 million infant deaths, 142,000 pregnancy-related deaths, and 505,000 children from losing their mothers. (8) In January 2001, the White House reaffirmed President George W. Bush's commitment to United States family planning assistance efforts, stating that ``[the President] knows that one of the best ways to prevent abortion is by providing quality voluntary family planning services''. (9) Experiences in a number of countries in recent years indicate that when long-term, effective family planning methods are available, abortion rates decline, sometimes drastically. For example, between 1988 and 2001, the use of modern contraceptives increased in Russia by 74 percent, while the abortion rate declined by 61 percent. Similar experiences in Bangladesh, Bulgaria, Chile, Estonia, Hungary, Latvia, and Romania have shown that increased use of contraceptives is accompanied by a decline in abortion rates. (10) In addition to reducing unintended pregnancies and abortions, condoms are a vital component in limiting the spread of HIV/AIDS. Consequently, the HIV/AIDS pandemic is contributing to an increased demand for reproductive health supplies. (11) The vast majority of HIV infections are sexually transmitted and condoms are currently the only contraceptive that can protect against this form of HIV transmission. Condoms remain an important intervention in multisectoral approaches to HIV/AIDS prevention, along with programs that promote abstinence and monogamy. (12) In sub-Saharan Africa, where HIV prevalence rates can reach 40 percent of the adult population and women constitute 60 percent of people living with HIV/AIDS, donors provide an average of only 4.6 condoms per adult male annually. (13) Family planning services, reinforced by dependable supplies of contraceptives, are also a crucial tool in reducing HIV infections transmitted between infected pregnant women and their infants, a number that reached 800,000 in 2002. The provision of family planning services, information, and counseling can reduce the number of infants infected with HIV by 35 to 45 percent. (14) In addition to reducing rates of abortion and HIV/ AIDS, access to contraceptives and other reproductive health care services saves the lives of mothers and children by helping women avoid high risk pregnancies. An increase in the use of contraceptives, which allow women to space the births of their children over safe intervals, have been proven to reduce maternal and child mortality. (15) Complications resulting from pregnancy and childbirth are the leading causes of death and disability for women in developing countries, resulting in more than 500,000 deaths each year. Almost one-third of maternal deaths and illnesses related to pregnancy could be avoided if women in developing countries had access to modern, safe, and effective contraceptives and other reproductive health care services. (16) Access to contraceptives and other reproductive health care services are also needed to help ease growing population pressures on cropland, freshwater, and other finite natural resources. In many biologically rich areas, there is little or no access to the health services that allow women and couples to space or limit births. Consequently, the population in these ecologically sensitive areas is growing nearly 40 percent faster than that of the world as a whole. (17) The shortfall in reproductive health care services is chronic and growing. The cost of contraceptives needed for family planning and HIV/AIDS prevention in developing countries is projected to increase from $954 million in 2002 to $1.8 billion in 2015. In spite of this upward trend in the cost of contraceptives, donor support for contraceptives in 2002, $197.5 million, was less than 20 percent of current overall funding needs. (18) The consequences of the shortfall in reproductive health care services are devastating. For every shortfall of $1 million in funding for contraceptives, an estimated 360,000 additional unintended pregnancies, 150,000 additional induced abortions, 800 additional maternal deaths, and 11,000 additional infant deaths occur. (19) Although the United States should be commended for its leadership role with respect to the availability of reproductive health services in developing countries, United States support for such services, including funding, has not kept pace with the increase in demand for contraceptives, which has resulted from the large number of youth entering reproductive age and the HIV/AIDS pandemic. Since 1995, United States bilateral assistance for international family planning programs has decreased by 35 percent (adjusted for inflation) despite an increase of more than 225 million women of reproductive age worldwide. (20) In addition to the shortfall in funding by the United States for reproductive health care services, United States policy restrictions have reduced donations of contraceptives for developing countries. (21) Widely shared goals of reducing the need for abortion and reducing the spread of HIV/AIDS are unlikely to be achieved when United States-donated contraceptives are subject to policy restrictions, such as the Mexico City Policy, that limit access to such contraceptives. (22) The Mexico City Policy, which was reinstated in 2001, limits access to contraceptives by prohibiting United States family planning assistance to foreign nongovernmental organizations that use funding from any source to provide abortion services, counseling, or referral or to lobby to make abortion legal or more available in their own country. (23) The Mexico City Policy has exacerbated the existing shortage of contraceptives by ending shipments of United States-donated contraceptives to 16 developing countries in Africa, Asia, and the Middle East and denying contraceptives to leading family planning agencies in another 12 countries. (24) As an example, the Mexico City Policy has forced eight family planning clinics serving thousands of poor women in Kenya to close. Consequently, women's access to contraceptives, gynecologic and obstetric care, screening, and treatment for sexually transmitted infections, and voluntary counseling and testing for HIV/AIDS in Kenya has been severely disrupted. (b) Purpose.--The purpose of this Act is to authorize assistance to provide contraceptives in developing countries in order to prevent unintended pregnancies, abortions, and the transmission of sexually transmitted infections, including HIV/AIDS. SEC. 3. ASSISTANCE TO PROVIDE CONTRACEPTIVES IN DEVELOPING COUNTRIES. Section 104 of Foreign Assistance Act of 1961 (22 U.S.C. 2151b) is amended-- (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following new subsection: ``(g) Assistance to Provide Contraceptives in Developing Countries.-- ``(1) Assistance.--The President, acting through the Administrator of the United States Agency for International Development, shall furnish assistance to provide contraceptives in developing countries in order to prevent unintended pregnancies, abortions, and the transmission of sexually transmitted infections, including HIV/AIDS. ``(2) Eligibility of nongovernmental organizations.-- Notwithstanding any other provision of law, regulation, or policy, in determining eligibility for assistance to provide contraceptives in developing countries under this subsection, a nongovernmental organization shall not be subject to requirements relating to the use of non-United States Government funds that are more restrictive than requirements relating to the use of non-United States Government funds that apply to foreign governments with respect to eligibility for assistance under this subsection. ``(3) Authorization of appropriations.-- ``(A) In general.--There are authorized to be appropriated to the President to carry out this subsection $150,000,000 for each of the fiscal years 2007 and 2008. ``(B) Additional authorities.--Amounts appropriated pursuant to the authorization of appropriations under subparagraph (A)-- ``(i) may be referred to as the `Reproductive Health Supplies Fund'; ``(ii) are authorized to remain available until expended; and ``(iii) are in addition to amounts otherwise available for such purposes.''.

Ensuring Access to Contraceptives Act of 2006 - Amends the Foreign Assistance Act of 1961 to direct the President, through the United States Agency for International Development (USAID), to furnish assistance to provide contraceptives in developing countries in order to prevent unintended pregnancies, abortions, and the transmission of sexually transmitted infections, including HIV/AIDS. States that a nongovernmental organization shall not be subject to eligibility requirements relating to the use of non-U.S. government funds that are more restrictive than those that apply to a foreign government.

{"src": "billsum_train", "title": "To amend the Foreign Assistance Act of 1961 to authorize assistance to provide contraceptives in developing countries in order to prevent unintended pregnancies, abortions, and the transmission of sexually transmitted infections, including HIV/AIDS."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Helium Act of 1994''. SEC. 2. AMENDMENT OF HELIUM ACT. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Helium Act (50 U.S.C. 167 to 167n). SEC. 3. AUTHORITY OF SECRETARY. Sections 3, 4, and 5 are amended to read as follows: ``SEC. 3. AUTHORITY OF SECRETARY. ``(a) Extraction and Disposal of Helium on Federal Lands.--(1) The Secretary may enter into agreements with private parties for the recovery and disposal of helium on Federal lands upon such terms and conditions as he deems fair, reasonable and necessary. The Secretary may grant leasehold rights to any such helium. The Secretary may not enter into any agreement by which the Secretary sells such helium other than to a private party with whom the Secretary has an agreement for recovery and disposal of helium. Such agreements may be subject to such rules and regulations as may be prescribed by the Secretary. ``(2) Any agreement under this subsection shall be subject to the existing rights of any affected Federal oil and gas lessee. Each such agreement (and any extension or renewal thereof) shall contain such terms and conditions as deemed appropriate by the Secretary. ``(3) This subsection shall not in any manner affect or diminish the rights and obligations of the Secretary and private parties under agreements to dispose of helium produced from Federal lands in existence at the enactment of the Helium Act of 1994 except to the extent that such agreements are renewed or extended after such date. ``(b) Storage, Transportation and Sale.--The Secretary is authorized to store, transport, and sell helium only in accordance with this Act. ``(c) Monitoring and Reporting.--The Secretary is authorized to monitor helium production and helium reserves in the United States and to periodically prepare reports regarding the amounts of helium produced and the quantity of crude helium in storage in the United States. ``SEC. 4. STORAGE AND TRANSPORTATION OF CRUDE HELIUM. ``(a) Storage and Transportation.--The Secretary is authorized to store and transport crude helium and to maintain and operate existing crude helium storage at the Bureau of Mines Cliffside Field, together with related helium transportation and withdrawal facilities. ``(b) Cessation of Production, Refining, and Marketing.--Effective one year after the date of enactment of the Helium Act of 1994, the Secretary shall cease producing, refining and marketing refined helium and shall cease carrying out all other activities relating to helium which the Secretary was authorized to carry out under this Act before the date of enactment of the Helium Act of 1994, except those activities described in subsection (a). ``(c) Disposal of Facilities.--(1) Within one year after the date of enactment of the Helium Act of 1994, the Secretary shall dispose of all facilities, equipment, and other real and personal property, together with all interests therein, held by the United States for the purpose of producing, refining and marketing refined helium. The disposal of such property shall be in accordance with the provisions of law governing the disposal of excess or surplus properties of the United States. ``(2) All proceeds accruing to the United States by reason of the sale or other disposal of such property shall be treated as moneys received under this chapter for purposes of section 6(f). All costs associated with such sale and disposal (including costs associated with termination of personnel) and with the cessation of activities under subsection (b) shall be paid from amounts available in the helium production fund established under section 6(f). ``(3) Paragraph (1) shall not apply to any facilities, equipment, or other real or personal property, or any interest therein, necessary for the storage and transportation of crude helium. ``(d) Existing Contracts.--All contracts which were entered into by any person with the Secretary for the purchase by such person from the Secretary of refined helium and which are in effect on the date of the enactment of the Helium Act of 1994 shall remain in force and effect until the date on which the facilities referred to in subsection (c) are disposed of. Any costs associated with the termination of such contracts shall be paid from the helium production fund established under section 6(f). ``SEC. 5. FEES FOR STORAGE, TRANSPORTATION AND WITHDRAWAL. ``Whenever the Secretary provides helium storage, withdrawal, or transportation services to any person, the Secretary is authorized and directed to impose fees on such person to reimburse the Secretary for the full costs of providing such storage, transportation, and withdrawal. All such fees received by the Secretary shall be treated as moneys received under this Act for purposes of section 6(f).''. SEC. 4. SALE OF CRUDE HELIUM. Section 6 is amended as follows: (1) Subsection (a) is amended by striking out ``from the Secretary'' and inserting ``from persons who have entered into enforceable contracts to purchase an equivalent amount of crude helium from the Secretary''. (2) Subsection (b) is amended by inserting ``crude'' before ``helium'' and by adding the following at the end thereof: ``Except as may be required by reason of subsection (a), sales of crude helium under this section shall be in amounts as the Secretary determines, in consultation with the helium industry, necessary to carry out this subsection with minimum market disruption. (3) Subsection (c) is amended by inserting ``crude'' before ``helium'' after the words ``Sales of'' and by striking ``together with interest as provided in subsection'' and all that follows down through the period at the end of such subsection and inserting the following: ``all funds required to be repaid to the United States as of October 1, 1993 under this section (hereinafter referred to as `repayable amounts'). The price at which crude helium is sold by the Secretary shall not be less than the amount determined by the Secretary as follows: ``(1) Divide the outstanding amount of such repayable amounts by the volume (in mcf) of crude helium owned by the United States and stored in the Bureau of Mines Cliffside Field at the time of the sale concerned. ``(2) Adjust the amount determined under paragraph (1) by the Consumer Price Index for years beginning after December 31, 1993.''. (4) Subsection (d) is amended to read as follows: ``(d) Extraction of Helium From Deposits on Federal Lands.--All moneys received by the Secretary from the sale or disposition of helium on Federal lands shall be paid to the Treasury and credited against the amounts required to be repaid to the Treasury under subsection (c) of this section.''. (5) Subsection (e) is repealed. (6) Subsection (f) is amended by inserting ``(1)'' after ``(f)'' and by adding the following at the end thereof: ``(2) Within 7 days after the commencement of each fiscal year after the disposal of the facilities referred to in section 4(c), all amounts in such fund in excess of $2,000,000 (or such lesser sum as the Secretary deems necessary to carry out this Act during such fiscal year) shall be paid to the Treasury and credited as provided in paragraph (1). Upon repayment of all amounts referred to in subsection (c), the fund established under this section shall be terminated and all moneys received under this Act shall be deposited in the Treasury as General Revenues.''. SEC. 5. ELIMINATION OF STOCKPILE. Section 8 is amended to read as follows: ``SEC. 8. ELIMINATION OF STOCKPILE. ``(a) Review of Reserves.--The Secretary shall review annually the known helium reserves in the United States and make a determination as to the expected life of the domestic helium reserves (other than federally owned helium stored at the Cliffside Reservoir) at that time. ``(b) Stockpile Sales.--Not later than January 1, 2004, the Secretary shall commence making sales of crude helium from helium reserves owned by the United States in such amounts as may be necessary to dispose of all such helium reserves in excess of 600 million cubic feet (mcf) by January 1, 2014. The sales shall be at such times and in such lots as the Secretary determines, in consultation with the helium industry, to be necessary to carry out this subsection with minimum market disruption. The price for all such sales, as determined by the Secretary in consultation with the helium industry, shall be such as will ensure repayment of the amounts required to be repaid to the Treasury under section 6(c). ``(c) Discovery of Additional Reserves.--The discovery of additional helium reserves shall not affect the duty of the Secretary to make sales of helium as provided in subsection (b), as the case may be.''. SEC. 6. REPEAL OF AUTHORITY TO BORROW. Sections 12 and 15 are repealed.

Helium Act of 1994 - Amends the Helium Act to authorize the Secretary of the Interior to: (1) enter into agreements with private parties for the recovery and disposal of helium on Federal lands; (2) grant leasehold rights to such helium; (3) store and transport crude helium; and (4) maintain and operate existing crude helium storage at the Bureau of Mines Cliffside Field. Directs the Secretary to: (1) cease producing, refining, and marketing refined helium; and (2) dispose of all facilities, equipment, and Federal property interests relating to refined helium activities. Requires the Secretary to impose fees for helium storage, withdrawal, or transportation services. Prescribes guidelines for: (1) the purchase of helium by Federal agencies from certain private persons; and (2) the sale of crude helium by the Secretary. States that such sales shall be in amounts as determined by the Secretary, in consultation with the helium industry, to cause minimum market disruption. Mandates that proceeds from helium sales be paid to the Treasury. Instructs the Secretary to: (1) review annually known domestic helium reserves; and (2) eliminate helium stockpiles by a prescribed deadline. Repeals the Secretary's authority to borrow under the Helium Act.

{"src": "billsum_train", "title": "Helium Act of 1994"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom From Nicotine Addiction Act of 1995''. SEC. 2. FINDINGS. The Congress finds the following: (1) Tobacco use remains the largest preventable cause of illness and premature death in the United States, responsible for the unnecessary deaths of more than 419,000 Americans each year. (2) Tobacco is a uniquely harmful product in that it kills if used as intended. (3) The United States health care system expenditures due directly to smoking totals $50 billion a year. The United States economy loses $47 billion a year in productivity due to smoking. (4) The 1988 report of the United States Surgeon General concluded that cigarettes and other forms of tobacco are addicting, that nicotine is the drug in tobacco that causes addiction, and that the pharmacologic and behavioral processes that determine tobacco addiction are similar to those that determine addiction to heroin and cocaine. (5) The 1994 report by the United States Surgeon General concluded that the nicotine in tobacco products is responsible for the rapid addiction of up to half of all children who experiment with tobacco. (6) Among adults in the United States who have ever smoked daily, 91 percent tried their first cigarette and 77 percent became daily smokers before they were 20 years old. (7) Nicotine addicts over 3,000 children each day into an activity which eventually will kill approximately \1/2\ of them. (8) The current Commissioner of Food and Drugs has labeled tobacco a pediatric disease. (9) A senior research scientist for one of the largest cigarette manufacturers in the United States has observed: ``The primary incentive to cigarette smoking is the immediate salutary effect of inhaled smoke upon body function . . . The physiological effect serves as the primary incentive; all other incentives are secondary . . . Think of the cigarette pack as a storage container for a day's supply of nicotine . . . Think of the cigarette as a dispenser for a dose unit of nicotine . . . Think of a puff of smoke as the vehicle of nicotine.''. (10) The use of tobacco products continues to be widespread, in spite of increased awareness of their lethal nature, because nicotine which is the single, removable substance in tobacco that causes addiction in children and reinforces that addiction in adults. (11) Tobacco manufacturers have the capability to remove all or virtually all of the nicotine from their tobacco products using technology already in existence. (12) Nicotine destroys the freedom of millions of children and adults in the United States to choose whether or not to continue using tobacco products. SEC. 3. REGULATION. (a) Definition.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: ``(gg) The term `tobacco product' means any cigarette, cigar, little cigar, pipe tobacco, fine cut tobacco, or any smokeless tobacco product. ``(hh) The term `nicotine' includes any substance that has pharmacologic activity similar to nicotine.''. (b) Reduction in Nicotine.--Chapter V of the Federal Food, Drug, and Cosmetic Act is amended-- (1) in the title by adding at the end ``AND TOBACCO PRODUCTS'', and (2) by adding after subchapter C the following: ``Subchapter D--Tobacco Products ``regulation of tobacco products ``Sec. 545. (a) It shall be unlawful to introduce or deliver for introduction into interstate commerce any tobacco product that is adulterated. ``(b) A tobacco product shall be considered adulterated if it contains nicotine in a quantity per cigarette exceeding the following: ``As of January 1, 1997, 10.00 mg. nicotine. ``As of January 1, 1998, 8.00 mg. nicotine. ``As of January 1, 1999, 6.00 mg. nicotine. ``As of January 1, 2000, 4.00 mg. nicotine. ``As of January 1, 2001, 2.00 mg. nicotine. ``As of January 1, 2002, .05 mg. nicotine. ``(c) The Secretary shall prescribe a reduction in the nicotine in tobacco products other than cigarettes which is comparable to the reduction required by subsection (b). Such reduction shall be published in the Federal Register. Such a tobacco product shall be considered adulterated if it contains nicotine in a quantity exceeding the quantity prescribed by the Secretary.''. (c) Enforcement.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C 331) is amended by adding at the end the following: ``(v) The introduction or delivery for introduction into interstate commerce of an adulterated tobacco product.''.

Freedom From Nicotine Addiction Act of 1995 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to make it unlawful to deliver into interstate commerce a tobacco product with a nicotine content over specified limits. Reduces those limits each year for six years. Provides for enforcement under existing FDCA enforcement provisions.

{"src": "billsum_train", "title": "Freedom From Nicotine Addiction Act of 1995"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Remote Monitoring Access Act of 2006''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Remote patient monitoring can make chronic disease management more effective and efficient for patients and the health care system. (2) By collecting, analyzing, and transmitting clinical health information to a health care practitioner, remote monitoring technologies allow patients and physicians to manage the patient's condition in a consistent and real-time fashion. (3) Utilization of these technologies not only improves the quality of care given to patients, it also reduces the need for frequent physician office appointments, costly emergency room visits, and unnecessary hospitalizations. (4) Monitoring a patient's disease from the home reduces the need for face-to-face physician interactions, thereby minimizing unnecessary travel and missed work and providing particular value to individuals residing in rural or underserved communities who would otherwise face potentially significant access barriers to receiving needed care. (5) Four major areas in which remote management technologies are emerging in health care are the treatment of congestive heart failure, diabetes, cardiac arrhythmia, and sleep apnea (sleep disordered breathing). Prompt transmission of clinical data on each of these conditions, to the physician or the patient as appropriate, are essential to providing timely and appropriate therapeutic interventions which can then reduce expensive hospitalizations. (6) Despite these innovations, remote management technologies have failed to diffuse rapidly. A significant barrier to wider adoption is the relative lack of payment mechanisms in fee-for-service Medicare to reimburse for remote, non-face-to-face management. (7) This Act will eliminate this barrier to new technologies by requiring Medicare to reimburse doctors for time spent analyzing data transmitted to them by remote patient management technologies. (8) This Act also promotes high quality care by requiring the Secretary of Health and Human Services to consult with physician groups to create a standard of care and a quality standard for remote patient management services for the covered chronic conditions. SEC. 3. COVERAGE OF REMOTE PATIENT MANAGEMENT SERVICES FOR CHRONIC CARE CONDITIONS. (a) In General.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) in subparagraph (Z), by striking ``and'' at the end; (2) by adding ``and'' at the end of subparagraph (AA); and (3) by adding after subparagraph (AA) the following new subparagraph: ``(BB) remote patient management services (as defined in subsection (ccc)).''. (b) Services Described.--Section 1861 of such Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Remote Patient Management Services for Chronic Conditions ``(ccc)(1) The term ``remote patient management services'' means the remote monitoring and management of an individual with a covered chronic health condition (as defined in paragraph (2)) or through the utilization of a system of technology that allows a remote interface to collect and transmit clinical data between the individual and the responsible physician or supplier for the purposes of clinical review or response by the physician or supplier. ``(2) For purposes of paragraph (1), the term `covered chronic health condition' includes-- ``(A) heart failure; ``(B) diabetes; ``(C) cardiac arrhythmia; ``(D) sleep apnea; and ``(E) any other chronic condition determined by the Secretary to be appropriate for treatment through remote patient management services. ``(3)(A) The Secretary, in consultation with appropriate physician groups, may develop guidelines on the frequency of billing for remote patient management services. Such guidelines shall be determined based on medical necessity and shall be sufficient to ensure appropriate and timely monitoring of individuals being furnished such services. ``(B) The Secretary, acting through the Agency for Health Care Research and Quality, shall do the following: ``(i) Not later than 1 year after the date of enactment of this subsection, develop, in consultation with appropriate physician groups, a standard of care and quality standards for remote patient management services for the covered chronic health conditions specified in subparagraphs (A), (B), (C), and (D) of paragraph (2). ``(ii) If the Secretary makes a determination under paragraph (2)(E) with respect to a chronic condition, develop, in consultation with appropriate physician groups, a standard of care and quality standards for remote patient management services for such condition within 1 year of the date of such determination. ``(iii) Periodically review and update such standards of care and quality standards under this subparagraph as necessary.''. (c) Payment Under the Physician Fee Schedule.--Section 1848 of such Act (42 U.S.C. 1395w-4) is amended-- (1) in subsection (c)-- (A) in paragraph (2)(B)-- (i) in clause (ii)(II), by striking ``and (v)'' and inserting ``, (v), and (vi)''; and (ii) by adding at the end the following new clause: ``(vi) Budgetary treatment of certain services.--The additional expenditures attributable to section 1861(s)(2)(BB) shall not be taken into account in applying clause (ii)(II) for review: 2008.''; and (B) by adding at the end the following new paragraph: ``(7) Treatment of remote patient management services.--In determining relative value units for remote patient management services (as defined in section 1861(ccc)), the Secretary, in consultation with appropriate physician groups, shall take into consideration-- ``(A) costs associated with such services, including physician time involved, installation and information transmittal costs, costs of remote patient management technology (including devices and software), and resource costs necessary for patient monitoring and follow-up (but not including costs of any related item or non-physician service otherwise reimbursed under this title); and ``(B) the level of intensity of services provided, based on-- ``(i) the frequency of evaluation necessary to manage the individual being furnished the services; ``(ii) the amount of time necessary for, and complexity of, the evaluation, including the information that must be obtained, reviewed and analyzed; and ``(iii) the number of possible diagnoses and the number of management options that must be considered.''; and (2) in section (j)(3), by inserting ``(2)(BB),'' after ``(2)(AA),''. (d) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1, 2008.

Remote Monitoring Access Act of 2006 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of remote patient management services for chronic health care conditions.

{"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to provide for coverage of remote patient management services under part B of the Medicare Program."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Common Sense Nutrition Disclosure Act of 2017''. SEC. 2. AMENDING CERTAIN DISCLOSURE REQUIREMENTS FOR RESTAURANTS AND SIMILAR RETAIL FOOD ESTABLISHMENTS. (a) In General.--Section 403(q)(5)(H) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)(5)(H)) is amended-- (1) in subclause (ii)-- (A) in item (I)(aa), by striking ``the number of calories contained in the standard menu item, as usually prepared and offered for sale'' and inserting ``the number of calories contained in the whole standard menu item, or the number of servings (as reasonably determined by the restaurant or similar retail food establishment) and number of calories per serving, or the number of calories per the common unit division of the standard menu item, such as for a multiserving item that is typically divided before presentation to the consumer''; (B) in item (II)(aa), by striking ``the number of calories contained in the standard menu item, as usually prepared and offered for sale'' and inserting ``the number of calories contained in the whole standard menu item, or the number of servings (as reasonably determined by the restaurant or similar retail food establishment) and number of calories per serving, or the number of calories per the common unit division of the standard menu item, such as for a multiserving item that is typically divided before presentation to the consumer''; and (C) by adding at the end the following flush text: ``In the case of restaurants or similar retail food establishments where the majority of orders are placed by customers who are off-premises at the time such order is placed, the information required to be disclosed under items (I) through (IV) may be provided by a remote-access menu (such as a menu available on the internet) as the sole method of disclosure instead of on-premises writings.''; (2) in subclause (iii)-- (A) by inserting ``either'' after ``a restaurant or similar retail food establishment shall''; and (B) by inserting ``or comply with subclause (ii)'' after ``per serving''; (3) in subclause (iv)-- (A) by striking ``For the purposes of this clause'' and inserting the following: ``(I) In general.--For the purposes of this clause''; (B) by striking ``and other reasonable means'' and inserting ``or other reasonable means''; and (C) by adding at the end the following: ``(II) Permissible variation.--If the restaurant or similar food establishment uses such means as the basis for its nutrient content disclosures, such disclosures shall be treated as having a reasonable basis even if such disclosures vary from actual nutrient content, including but not limited to variations in serving size, inadvertent human error in formulation or preparation of menu items, variations in ingredients, or other reasonable variations.''; (4) by amending subclause (v) to read as follows: ``(v) Menu variability and combination meals.--The Secretary shall establish by regulation standards for determining and disclosing the nutrient content for standard menu items that come in different flavors, varieties, or combinations, but which are listed as a single menu item, such as soft drinks, ice cream, pizza, doughnuts, or children's combination meals. Such standards shall allow a restaurant or similar retail food establishment to choose whether to determine and disclose such content for the whole standard menu item, for a serving or common unit division thereof, or for a serving or common unit division thereof accompanied by the number of servings or common unit divisions in the whole standard menu item. Such standards shall allow a restaurant or similar retail food establishment to determine and disclose such content by using any of the following methods: ranges, averages, individual labeling of flavors or components, or labeling of one preset standard build. In addition to such methods, the Secretary may allow the use of other methods, to be determined by the Secretary, for which there is a reasonable basis (as such term is defined in subclause (iv)(II)).''; (5) in subclause (x)-- (A) by striking ``Not later than 1 year after the date of enactment of this clause, the Secretary shall promulgate proposed regulations to carry out this clause.'' and inserting ``Not later than 1 year after the date of enactment of the Common Sense Nutrition Disclosure Act of 2017, the Secretary shall issue proposed regulations to carry out this clause, as amended by such Act. Final regulations to carry out this clause, including any regulations promulgated before the date of enactment of the Common Sense Nutrition Disclosure Act of 2017, shall not take effect until such compliance date as shall be specified by the Secretary in the regulations promulgated pursuant to the Common Sense Nutrition Disclosure Act of 2017.''; and (B) by adding at the end the following: ``(IV) Certifications.--Restaurants and similar retail food establishments shall not be required to provide certifications or similar signed statements relating to compliance with the requirements of this clause.''; (6) by amending subclause (xi) to read as follows: ``(xi) Definitions.--In this clause: ``(I) Menu; menu board.--The term `menu' or `menu board' means the one listing of items which the restaurant or similar retail food establishment reasonably believes to be, and designates as, the primary listing from which customers make a selection in placing an order. The ability to order from an advertisement, coupon, flyer, window display, packaging, social media, or other similar writing does not make the writing a menu or menu board. ``(II) Preset standard build.--The term `preset standard build' means the finished version of a menu item most commonly ordered by consumers. ``(III) Standard menu item.--The term `standard menu item' means a food item of the type described in subclause (i) or (ii) of subparagraph (5)(A) with the same recipe prepared in substantially the same way with substantially the same food components that-- ``(aa) is routinely included on a menu or menu board or routinely offered as a self- service food or food on display at 20 or more locations doing business under the same name; and ``(bb) is not a food referenced in subclause (vii).''; and (7) by adding at the end the following: ``(xii) Opportunity to correct violations.--Any restaurant or similar retail food establishment that the Secretary determines is in violation of this clause shall have 90 days after receiving notification of the violation to correct the violation. The Secretary shall take no enforcement action, including the issuance of any public letter, for violations that are corrected within such 90-day period.''. (b) National Uniformity.--Section 403A(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343-1(b)) is amended by striking ``may exempt from subsection (a)'' and inserting ``may exempt from subsection (a) (other than subsection (a)(4))''. SEC. 3. LIMITATION ON LIABILITY FOR DAMAGES ARISING FROM NONCOMPLIANCE WITH NUTRITION LABELING REQUIREMENTS. Section 403(q)(5)(H) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)(5)(H)), as amended by section 2, is further amended by adding at the end the following: ``(xiii) Limitation on liability.--A restaurant or similar retail food establishment shall not be liable in any civil action in Federal or State court (other than an action brought by the United States or a State) for any claims arising out of an alleged violation of-- ``(I) this clause; or ``(II) any State law permitted under section 403A(a)(4).''. Passed the House of Representatives February 6, 2018. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House on January 8, 2018. Common Sense Nutrition Disclosure Act of 2017 (Sec. 2) This bill amends the Federal Food, Drug, and Cosmetic Act to revise the nutritional information that restaurants and retail food establishments must disclose. The nutrient content disclosure statement on the menu or menu board must include: (1) the number of calories contained in the whole menu item; (2) the number of servings and number of calories per serving; or (3) the number of calories per common unit of the item, such as for a multi-serving item that is typically divided before presentation to the consumer. Nutritional information may be provided solely by a remote-access menu (e.g., an Internet menu) for food establishments where the majority of orders are placed by customers who are off-premises. Establishments with self-serve food may comply with the requirements for restaurants or place signs with nutritional information adjacent to each food item. An establishment's nutrient content disclosures may vary from actual nutrient content if the disclosures comply with current standards for reasonable basis. Establishments with standard menu items that come in different flavors, varieties, or combinations, that are listed as a single menu item may determine and disclose nutritional information using specified methods or methods allowed by the Food and Drug Administration (FDA). Regulations pursuant to this bill or the clause amended by this bill may not take effect until the compliance date specified in the regulations promulgated pursuant to this bill. The FDA may not exempt states from nutrition labeling requirements. (Sec. 3) Establishments are not liable in any state or federal civil action for claims arising out of an alleged violation of federal or state nutrition labeling, unless the action is brought by a state or the United States.

{"src": "billsum_train", "title": "Common Sense Nutrition Disclosure Act of 2017"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Fiscal Relief Act of 2008''. SEC. 2. TEMPORARY STATE FISCAL RELIEF. (a) Temporary Increase of the Medicaid FMAP.-- (1) Permitting maintenance of fiscal year 2007 fmap for last 3 calendar quarters of fiscal year 2008.--Subject to paragraph (5), if the FMAP determined without regard to this subsection for a State for fiscal year 2008 is less than the FMAP as so determined for fiscal year 2007, the FMAP for the State for fiscal year 2007 shall be substituted for the State's FMAP for the second, third, and fourth calendar quarters of fiscal year 2008, before the application of this subsection. (2) Permitting maintenance of fiscal year 2008 fmap for first 2 quarters of fiscal year 2009.--Subject to paragraph (5), if the FMAP determined without regard to this subsection for a State for fiscal year 2009 is less than the FMAP as so determined for fiscal year 2008, the FMAP for the State for fiscal year 2008 shall be substituted for the State's FMAP for the first and second calendar quarters of fiscal year 2009, before the application of this subsection. (3) General 1.225 percentage points increase for last 3 calendar quarters of fiscal year 2008 and first 2 calendar quarters of fiscal year 2009.--Subject to paragraphs (5), (6), and (7), for each State for the second, third, and fourth calendar quarters of fiscal year 2008 and for the first and second calendar quarters of fiscal year 2009, the FMAP (taking into account the application of paragraphs (1) and (2)) shall be increased by 1.225 percentage points. (4) Increase in cap on medicaid payments to territories.-- Subject to paragraphs (6) and (7), with respect to the second, third, and fourth calendar quarters of fiscal year 2008 and the first and second calendar quarters of fiscal year 2009, the amounts otherwise determined for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa under subsections (f) and (g) of section 1108 of the Social Security Act (42 U.S.C. 1308) shall each be increased by an amount equal to 2.45 percent of such amounts. (5) Scope of application.--The increases in the FMAP for a State under this subsection shall apply only for purposes of title XIX of the Social Security Act and shall not apply with respect to-- (A) disproportionate share hospital payments described in section 1923 of such Act (42 U.S.C. 1396r- 4); (B) payments under title IV or XXI of such Act (42 U.S.C. 601 et seq. and 1397aa et seq.); or (C) any payments under XIX of such Act that are based on the enhanced FMAP described in section 2105(b) of such Act (42 U.S.C. 1397ee(b)). (6) State eligibility.-- (A) In general.--Subject to subparagraph (B), a State is eligible for an increase in its FMAP under paragraph (3) or an increase in a cap amount under paragraph (4) only if the eligibility under its State plan under title XIX of the Social Security Act (including any waiver under such title or under section 1115 of such Act (42 U.S.C. 1315)) is no more restrictive than the eligibility under such plan (or waiver) as in effect on December 31, 2007. (B) State reinstatement of eligibility permitted.-- A State that has restricted eligibility under its State plan under title XIX of the Social Security Act (including any waiver under such title or under section 1115 of such Act (42 U.S.C. 1315)) after December 31, 2007 is eligible for an increase in its FMAP under paragraph (3) or an increase in a cap amount under paragraph (4) in the first calendar quarter (and subsequent calendar quarters) in which the State has reinstated eligibility that is no more restrictive than the eligibility under such plan (or waiver) as in effect on December 31, 2007. (C) Rule of construction.--Nothing in subparagraph (A) or (B) shall be construed as affecting a State's flexibility with respect to benefits offered under the State medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (including any waiver under such title or under section 1115 of such Act (42 U.S.C. 1315)). (7) Requirement for certain states.--In the case of a State that requires political subdivisions within the State to contribute toward the non-Federal share of expenditures under the State medicaid plan required under section 1902(a)(2) of the Social Security Act (42 U.S.C. 1396a(a)(2)), the State shall not require that such political subdivisions pay a greater percentage of the non-Federal share of such expenditures for the second, third, and fourth calendar quarters of fiscal year 2008 and the first and second calendar quarters of fiscal year 2009, than the percentage that was required by the State under such plan on December 31, 2007, prior to application of this subsection. (8) Definitions.--In this subsection: (A) FMAP.--The term ``FMAP'' means the Federal medical assistance percentage, as defined in section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)). (B) State.--The term ``State'' has the meaning given such term for purposes of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (9) Repeal.--Effective as of October 1, 2009, this subsection is repealed. (b) Payments to States for Assistance With Providing Government Services.--The Social Security Act (42 U.S.C. 301 et seq.) is amended by inserting after title V the following: ``TITLE VI--TEMPORARY STATE FISCAL RELIEF ``SEC. 601. TEMPORARY STATE FISCAL RELIEF. ``(a) Appropriation.--There is authorized to be appropriated and is appropriated for making payments to States under this section-- ``(1) $3,600,000,000 for fiscal year 2008; and ``(2) $2,400,000,000 for fiscal year 2009. ``(b) Payments.-- ``(1) Fiscal year 2008.--From the amount appropriated under subsection (a)(1) for fiscal year 2008, the Secretary of the Treasury shall, not later than the later of the date that is 45 days after the date of enactment of this Act or the date that a State provides the certification required by subsection (e) for fiscal year 2008, pay each State the amount determined for the State for fiscal year 2008 under subsection (c). ``(2) Fiscal year 2009.--From the amount appropriated under subsection (a)(2) for fiscal year 2009, the Secretary of the Treasury shall, not later than the later of October 1, 2008, or the date that a State provides the certification required by subsection (e) for fiscal year 2009, pay each State the amount determined for the State for fiscal year 2009 under subsection (c). ``(c) Payments Based on Population.-- ``(1) In general.--Subject to paragraph (2), the amount appropriated under subsection (a) for each of fiscal years 2008 and 2009 shall be used to pay each State an amount equal to the relative population proportion amount described in paragraph (3) for such fiscal year. ``(2) Minimum payment.-- ``(A) In general.--No State shall receive a payment under this section for a fiscal year that is less than-- ``(i) in the case of 1 of the 50 States or the District of Columbia, \1/2\ of 1 percent of the amount appropriated for such fiscal year under subsection (a); and ``(ii) in the case of the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or American Samoa, \1/10\ of 1 percent of the amount appropriated for such fiscal year under subsection (a). ``(B) Pro rata adjustments.--The Secretary of the Treasury shall adjust on a pro rata basis the amount of the payments to States determined under this section without regard to this subparagraph to the extent necessary to comply with the requirements of subparagraph (A). ``(3) Relative population proportion amount.--The relative population proportion amount described in this paragraph is the product of-- ``(A) the amount described in subsection (a) for a fiscal year; and ``(B) the relative State population proportion (as defined in paragraph (4)). ``(4) Relative state population proportion defined.--For purposes of paragraph (3)(B), the term `relative State population proportion' means, with respect to a State, the amount equal to the quotient of-- ``(A) the population of the State (as reported in the most recent decennial census); and ``(B) the total population of all States (as reported in the most recent decennial census). ``(d) Use of Payment.-- ``(1) In general.--Subject to paragraph (2), a State shall use the funds provided under a payment made under this section for a fiscal year to-- ``(A) provide essential government services; ``(B) cover the costs to the State of complying with any Federal intergovernmental mandate (as defined in section 421(5) of the Congressional Budget Act of 1974) to the extent that the mandate applies to the State, and the Federal Government has not provided funds to cover the costs; or ``(C) compensate for a decline in Federal funding to the State. ``(2) Limitation.--A State may only use funds provided under a payment made under this section for types of expenditures permitted under the most recently approved budget for the State. ``(e) Certification.--In order to receive a payment under this section for a fiscal year, the State shall provide the Secretary of the Treasury with a certification that the State's proposed uses of the funds are consistent with subsection (d). ``(f) Definition of State.--In this section, the term `State' means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa. ``(g) Repeal.--Effective as of October 1, 2009, this title is repealed.''.

State Fiscal Relief Act of 2008 - Provides that, if the federal medical assistance percentage (FMAP) determined without regard to this Act under title XIX (Medicaid) of the Social Security Act for a state for FY2008 is less than the FMAP as so determined for FY2007, the FY2007 FMAP shall be substituted for the state's otherwise applicable FMAP for the second, third, and fourth calendar quarters of FY2008. Provides also that, if the FMAP determined without regard to this Act for a state for FY2009 is less than the FMAP as so determined for FY2008, the FY2008 FMAP shall be substituted for the state's otherwise applicable FMAP for the first and second calendar quarters of FY2009. Provides that, for each eligible state for the second, third, and, fourth calendar quarters of FY2008, and for the first and second calendar quarters of FY2009, the FMAP shall be increased by 1.225% points. Provides for an increase in cap on Medicaid payments to territories. Makes a state eligible for such an FMAP increase, and a territory for an increase in a cap amount, only if eligibility under its Medicaid plan is no more restrictive than the eligibility under such plan (or waiver) as in effect on December 31, 2007. Authorizes appropriations for FY2008-FY2009 for payments to states (temporary state fiscal relief) for use in: (1) providing government services; (2) covering the costs of complying with any federal intergovernmental mandate to the extent that the federal government has not provided funds to cover such costs; or (3) compensating for a decline in federal funding to the state.

{"src": "billsum_train", "title": "A bill to provide States with fiscal relief through a temporary increase in the Federal medical assistance percentage and direct payments to States."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Energy Savings Program Act''. SEC. 2. RURAL ENERGY SAVINGS PROGRAM. Subtitle E of title VI of the Farm Security and Rural Investment Act of 2002 (Public Law 107-71; 116 Stat. 424) is amended by adding at the end the following: ``SEC. 6407. RURAL ENERGY SAVINGS PROGRAM. ``(a) Purpose.--The purpose of this section is to create jobs, promote rural development, and help rural families and small businesses achieve cost savings by providing loans to qualified consumers to implement durable cost-effective energy efficiency measures. ``(b) Definitions.--In this section: ``(1) Eligible entity.--The term `eligible entity' means-- ``(A) any public power district, public utility district, or similar entity, or any electric cooperative described in section 501(c)(12) or 1381(a)(2) of the Internal Revenue Code of 1986, that borrowed and repaid, prepaid, or is paying an electric loan made or guaranteed by the Rural Utilities Service (or any predecessor agency); ``(B) any entity primarily owned or controlled by one or more entities described in subparagraph (A); or ``(C) any other entity that is an eligible borrower of the Rural Utility Service, as determined under section 1710.101 of title 7, Code of Federal Regulations (or a successor regulation). ``(2) Energy efficiency measures.--The term `energy efficiency measures' means, for or at property served by an eligible entity, structural improvements and investments in cost-effective, commercial technologies to increase energy efficiency. ``(3) Qualified consumer.--The term `qualified consumer' means a consumer served by an eligible entity that has the ability to repay a loan made under subsection (d), as determined by the eligible entity. ``(4) Secretary.--The term `Secretary' means the Secretary of Agriculture, acting through the Administrator of the Rural Utilities Service. ``(c) Loans to Eligible Entities.-- ``(1) In general.--Subject to paragraph (2), the Secretary shall make loans to eligible entities that agree to use the loan funds to make loans to qualified consumers for the purpose of implementing energy efficiency measures. ``(2) Requirements.-- ``(A) In general.--As a condition of receiving a loan under this subsection, an eligible entity shall-- ``(i) establish a list of energy efficiency measures that is expected to decrease energy use or costs of qualified consumers; ``(ii) prepare an implementation plan for use of the loan funds, including use of any interest to be received pursuant to subsection (d)(1)(A); ``(iii) provide for appropriate measurement and verification to ensure-- ``(I) the effectiveness of the energy efficiency loans made by the eligible entity; and ``(II) that there is no conflict of interest in carrying out this section; and ``(iv) demonstrate expertise in effective use of energy efficiency measures at an appropriate scale. ``(B) Revision of list of energy efficiency measures.--Subject to the approval of the Secretary, an eligible entity may update the list required under subparagraph (A)(i) to account for newly available efficiency technologies. ``(C) Existing energy efficiency programs.--An eligible entity that, at any time before the date that is 60 days after the date of enactment of this section, has established an energy efficiency program for qualified consumers may use an existing list of energy efficiency measures, implementation plan, or measurement and verification system of that program to satisfy the requirements of subparagraph (A) if the Secretary determines the list, plan, or systems are consistent with the purposes of this section. ``(3) No interest.--A loan under this subsection shall bear no interest. ``(4) Repayment.--With respect to a loan under paragraph (1)-- ``(A) the term shall not exceed 20 years from the date on which the loan is closed; and ``(B) except as provided in paragraph (6), the repayment of each advance shall be amortized for a period not to exceed 10 years. ``(5) Amount of advances.--Any advance of loan funds to an eligible entity in any single year shall not exceed 50 percent of the approved loan amount. ``(6) Special advance for start-up activities.-- ``(A) In general.--In order to assist an eligible entity in defraying the appropriate start-up costs (as determined by the Secretary) of establishing new programs or modifying existing programs to carry out subsection (d), the Secretary shall allow an eligible entity to request a special advance. ``(B) Amount.--No eligible entity may receive a special advance under this paragraph for an amount that is greater than 4 percent of the loan amount received by the eligible entity under paragraph (1). ``(C) Repayment.--Repayment of the special advance-- ``(i) shall be required during the 10-year period beginning on the date on which the special advance is made; and ``(ii) at the election of the eligible entity, may be deferred to the end of the 10- year period. ``(7) Limitation.--All special advances shall be made under a loan described in paragraph (1) during the first 10 years of the term of the loan. ``(d) Loans to Qualified Consumers.-- ``(1) Terms of loans.--Loans made by an eligible entity to qualified consumers using loan funds provided by the Secretary under subsection (c)-- ``(A) may bear interest, not to exceed 3 percent, to be used for purposes that include-- ``(i) to establish a loan loss reserve; and ``(ii) to offset personnel and program costs of eligible entities to provide the loans; ``(B) shall finance energy efficiency measures for the purpose of decreasing energy usage or costs of the qualified consumer by an amount that ensures, to the maximum extent practicable, that a loan term of not more than 10 years will not pose an undue financial burden on the qualified consumer, as determined by the eligible entity; ``(C) shall not be used to fund purchases of, or modifications to, personal property unless the personal property is or becomes attached to real property (including a manufactured home) as a fixture; ``(D) shall be repaid through charges added to the electric bill for the property for, or at which, energy efficiency measures are or will be implemented, on the condition that this requirement does not prohibit-- ``(i) the voluntary prepayment of a loan by the owner of the property; or ``(ii) the use of any additional repayment mechanisms that are-- ``(I) demonstrated to have appropriate risk mitigation features, as determined by the eligible entity; or ``(II) required if the qualified consumer is no longer a customer of the eligible entity; and ``(E) shall require an energy audit by an eligible entity to determine the impact of proposed energy efficiency measures on the energy costs and consumption of the qualified consumer. ``(2) Contractors.--In addition to any other qualified general contractor, eligible entities may serve as general contractors. ``(e) Contract for Measurement and Verification, Training, and Technical Assistance.-- ``(1) In general.--Not later than 90 days after the date of enactment of this section, the Secretary-- ``(A) shall establish a plan for measurement and verification, training, and technical assistance of the program; and ``(B) may enter into one or more contracts with a qualified entity for the purposes of-- ``(i) providing measurement and verification activities; and ``(ii) developing a program to provide technical assistance and training to the employees of eligible entities to carry out this section. ``(2) Use of subcontractors authorized.--A qualified entity that enters into a contract under paragraph (1) may use subcontractors to assist the qualified entity in carrying out the contract. ``(f) Fast Start Demonstration Projects.-- ``(1) In general.--The Secretary shall offer to enter into agreements with eligible entities (or groups of eligible entities) that have energy efficiency programs described in subsection (c)(2)(C) to establish an energy efficiency loan demonstration projects consistent with the purposes of this section. ``(2) Evaluation criteria.--In determining which eligible entities to award loans under this section, the Secretary shall take into consideration eligible entities that-- ``(A) implement approaches to energy audits and investments in energy efficiency measures that yield measurable and predictable savings; ``(B) use measurement and verification processes to determine the effectiveness of energy efficiency loans made by eligible entities; ``(C) include training for employees of eligible entities, including any contractors of such entities, to implement or oversee the activities described in subparagraphs (A) and (B); ``(D) provide for the participation of a majority of eligible entities in a State; ``(E) reduce the need for generating capacity; ``(F) provide efficiency loans to-- ``(i) in the case of a single eligible entity, not fewer than 20,000 consumers; or ``(ii) in the case of a group of eligible entities, not fewer than 80,000 consumers; and ``(G) serve areas in which, as determined by the Secretary, a large percentage of consumers reside-- ``(i) in manufactured homes; or ``(ii) in housing units that are more than 50 years old. ``(3) Deadline for implementation.--To the maximum extent practicable, the Secretary shall enter into agreements described in paragraph (1) by not later than 90 days after the date of enactment of this section. ``(4) Effect on availability of loans nationally.--Nothing in this subsection shall delay the availability of loans to eligible entities on a national basis beginning not later than 180 days after the date of enactment of this section. ``(5) Additional demonstration project authority.-- ``(A) In general.--The Secretary may conduct demonstration projects in addition to the project required by paragraph (1). ``(B) Inapplicability of certain criteria.--The additional demonstration projects may be carried out without regard to subparagraphs (D), (F), or (G) of paragraph (2). ``(g) Additional Authority.--The authority provided in this section is in addition to any other authority of the Secretary to offer loans under any other law. ``(h) Effective Period.--Subject to the availability of funds and except as otherwise provided in this section, the loans and other expenditures required to be made under this section shall be available until expended, with the Secretary authorized to make new loans as loans are repaid. ``(i) Regulations.-- ``(1) In general.--Except as otherwise provided in this subsection, not later than 180 days after the date of enactment of this section, the Secretary shall promulgate such regulations as are necessary to implement this section. ``(2) Procedure.--The promulgation of the regulations and administration of this section shall be made without regard to-- ``(A) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and ``(B) chapter 35 of title 44, United States Code (commonly known as the `Paperwork Reduction Act'). ``(3) Congressional review of agency rulemaking.--In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code. ``(4) Interim regulations.--Notwithstanding paragraphs (1) and (2), to the extent regulations are necessary to carry out any provision of this section, the Secretary shall implement such regulations through the promulgation of an interim rule.''.

Rural Energy Savings Program Act - Amends the Farm Security and Rural Investment Act of 2002 to direct the Secretary of Agriculture (USDA), through the Rural Utilities Service, to make interest-free loans to eligible entities (public power districts, public utility districts, or specified electric cooperatives that borrowed and repaid, prepaid, or are paying an electric loan made or guaranteed by the Rural Utilities Service) for loans to consumers to implement energy efficient measures. Provides a special advance for start-up activities. Authorizes the Secretary to contract with a qualified entity to provide verification and measurement activities and employee technical assistance and training. Directs the Secretary to offer to enter into agreements with eligible entities, or groups of eligible entities, that have specified energy efficiency programs to establish energy efficiency loan demonstration projects.

{"src": "billsum_train", "title": "A bill to amend the Farm Security and Rural Investment Act of 2002 to authorize the Secretary of Agriculture to make loans to certain entities that will use the funds to make loans to consumers to implement cost-effective energy efficiency measures to promote energy cost savings and rural development."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reaching English Learners Act''. SEC. 2. TEACHING ENGLISH LEARNERS GRANT. Part B of title II of the Higher Education Act of 1965 (20 U.S.C. 1031 et seq.) is amended by adding at the end the following: ``Subpart 6--Teaching English Learners Grant ``SEC. 259. TEACHING ENGLISH LEARNERS GRANT. ``(a) Authorization of Program.--The Secretary shall award grants, on a competitive basis, to eligible partnerships to improve the preparation of teacher candidates to ensure that such teacher candidates possess the knowledge and skills necessary to effectively instruct English learners. ``(b) Duration of Grants.--A grant under this section shall be awarded for a period of not more than 5 years. ``(c) Non-Federal Share.--An eligible partnership that receives a grant under this section shall provide not less than 25 percent of the cost of the activities carried out with such grant from non-Federal sources, which may be provided in cash or in kind. ``(d) Uses of Funds.--An eligible partnership that receives a grant under this section shall use the grant to-- ``(1) develop or strengthen an undergraduate, postbaccalaureate, or master's teacher preparation program by integrating strategies for teaching English learners into the education curriculum and academic content; ``(2) provide teacher candidates participating in a program under paragraph (1) with skills related to-- ``(A) helping English learners-- ``(i) achieve at high levels in prekindergarten programs, and elementary schools and secondary schools so such English learners can meet the challenging State academic standards adopted under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1)) by the State of the school attended by the English learners, which all children in the State are expected to meet; and ``(ii) attain English proficiency; ``(B) appropriately identifying and meeting the specific learning needs of children with disabilities who are English learners; ``(C) recognizing and addressing the social and emotional needs of English learners; and ``(D) promoting parental, family, and community engagement in educational programs that serve English learners; ``(3) provide work-based learning opportunities for teacher candidates participating in the program; and ``(4) provide teacher candidates with the required coursework to qualify for an English-as-a-second-language endorsement or initial teaching credential, as recognized by the State of the eligible partnership. ``(e) Application.--An eligible partnership seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall include-- ``(1) a self-assessment by the eligible partnership of the existing teacher preparation program at the institution of higher education and the needs related to preparing teacher candidates to instruct English learners in the manner described in subsection (d)(2); and ``(2) a self-assessment by the eligible partnership of the personnel needs for teachers who instruct English learners at local, public prekindergarten programs, and elementary schools and secondary schools. ``(f) Evaluations.-- ``(1) Report from eligible partnerships.--An eligible partnership receiving a grant under this section shall submit to the Secretary the results of an evaluation conducted by the partnership at the end of the grant period to determine-- ``(A) the effectiveness of teachers who completed a program under subsection (d)(1) with respect to instruction of English learners; and ``(B) the systemic impact of the activities carried out by such grant on how such partnership prepares teachers to provide instruction in prekindergarten programs, and elementary schools and secondary schools. ``(2) Report from the secretary.--Not later than 180 days after the last day of the grant period under this section, the Secretary shall make available to the authorizing committees and the public-- ``(A) the findings of the evaluations submitted under paragraph (1); and ``(B) information on best practices related to effective instruction of English learners. ``(g) Definitions.--In this section: ``(1) Child with a disability.--The term `child with a disability' has the meaning given the term in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401). ``(2) Eligible institution of higher education.--The term `eligible institution of higher education' means an institution of higher education that has a program of study-- ``(A) that leads to an undergraduate degree, a master's degree, or completion of a postbaccalaureate program required for teacher certification; and ``(B) the graduates of which meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification. ``(3) Eligible partnership.--The term `eligible partnership' means an eligible institution of higher education in partnership with a high-need local educational agency. ``(4) English learner.--The term `English learner' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ``(5) Work-based learning.--The term `work-based learning' means learning involving sustained interactions with teachers and English learners at public prekindergarten programs, or elementary schools or secondary schools, to the extent practicable, or simulated environments at the eligible institution of higher education involved, that foster in-depth, first-hand engagement with tasks required of a teacher providing instruction to English learners.''.

Reaching English Learners Act This bill amends the Higher Education Act of 1965 to establish a grant program for preparing teachers to effectively instruct English learners. Grants may be awarded for up to five years.

{"src": "billsum_train", "title": "Reaching English Learners Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Permanent Tax Relief Act''. SEC. 2. PERMANENT EXTENSION OF TAX RELIEF. (a) 2001 Tax Relief.--The Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by striking title IX. (b) 2003 Relief.--Title III of the Jobs and Growth Tax Relief Reconciliation Act of 2003 is amended by striking section 303. (c) Alternative Minimum Tax Exemption Amounts.-- (1) Increased exemption amounts made permanent.-- (A) In general.--Paragraph (1) of section 55(d) of the Internal Revenue Code of 1986 is amended-- (i) by striking ``$45,000 ($72,450 in the case of taxable years beginning in 2010 and $74,450 in the case of taxable years beginning in 2011)'' in subparagraph (A) and inserting ``$74,450'', (ii) by striking ``$33,750 ($47,450 in the case of taxable years beginning in 2010 and $48,450 in the case of taxable years beginning in 2011)'' in subparagraph (B) and inserting ``$48,450'', and (iii) by striking ``paragraph (1)(A)'' in subparagraph (C) and inserting ``subparagraph (A)''. (2) Exemption amounts indexed for inflation.--Subsection (d) of section 55 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) Inflation adjustment.-- ``(A) In general.--In the case of any taxable year beginning in a calendar year after 2011, each of the dollar amounts contained in subparagraphs (A) and (B) of paragraph (1) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2010' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--Any increase determined under subparagraph (A) shall be rounded to the nearest multiple of $100.''. (3) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2011. (d) Alternative Minimum Tax Relief for Nonrefundable Credits.-- (1) In general.--Subsection (a) of section 26 of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) Limitation Based on Amount of Tax.--The aggregate amount of credits allowed by this subpart for the taxable year shall not exceed the sum of-- ``(1) the taxpayer's regular tax liability for the taxable year reduced by the foreign tax credit allowable under section 27(a), and ``(2) the tax imposed by section 55(a) for the taxable year.''. (2) Conforming amendments.-- (A) Adoption credit.-- (i) Section 23(b) of the Internal Revenue Code of 1986 is amended by striking paragraph (4). (ii) Section 23(c) of such Code is amended by striking paragraphs (1) and (2) and inserting the following: ``(1) In general.--If the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section and sections 25D and 1400C), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year.''. (iii) Section 23(c) of such Code is amended by redesignating paragraph (3) as paragraph (2). (B) Child tax credit.-- (i) Section 24(b) of such Code is amended by striking paragraph (3). (ii) Section 24(d)(1) of such Code is amended-- (I) by striking ``section 26(a)(2) or subsection (b)(3), as the case may be,'' each place it appears in subparagraphs (A) and (B) and inserting ``section 26(a)'', and (II) by striking ``section 26(a)(2) or subsection (b)(3), as the case may be'' in the second last sentence and inserting ``section 26(a)''. (C) Credit for interest on certain home mortgages.--Section 25(e)(1)(C) of such Code is amended to read as follows: ``(C) Applicable tax limit.--For purposes of this paragraph, the term `applicable tax limit' means the limitation imposed by section 26(a) for the taxable year reduced by the sum of the credits allowable under this subpart (other than this section and sections 23, 25D, and 1400C).''. (D) Savers' credit.--Section 25B of such Code is amended by striking subsection (g). (E) Residential energy efficient property.--Section 25D(c) of such Code is amended to read as follows: ``(c) Carryforward of Unused Credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year.''. (F) Certain plug-in electric vehicles.--Section 30(c)(2) of such Code is amended to read as follows: ``(2) Personal credit.--For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year.''. (G) Alternative motor vehicle credit.--Section 30B(g)(2) of such Code is amended to read as follows: ``(2) Personal credit.--For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year.''. (H) New qualified plug-in electric vehicle credit.--Section 30D(c)(2) of such Code is amended to read as follows: ``(2) Personal credit.--For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year.''. (I) Cross references.--Section 55(c)(3) of such Code is amended by striking ``26(a), 30C(d)(2),'' and inserting ``30C(d)(2)''. (J) Foreign tax credit.--Section 904 of such Code is amended by striking subsection (i) and by redesignating subsections (j) , (k), and (l) as subsections (i), (j), and (k), respectively. (K) First-time home buyer credit for the district of columbia.--Section 1400C(d) of such Code is amended to read as follows: ``(d) Carryforward of Unused Credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under subpart A of part IV of subchapter A (other than this section and section 25D), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year.''. (3) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2011. SEC. 3. REPEAL OF ESTATE AND GENERATION-SKIPPING TRANSFER TAXES. (a) Estate Tax Repeal.--Subchapter C of chapter 11 of subtitle B of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 2210. TERMINATION. ``(a) In General.--Except as provided in subsection (b), this chapter shall not apply to the estates of decedents dying on or after the date of the enactment of the Permanent Tax Relief Act. ``(b) Certain Distributions From Qualified Domestic Trusts.--In applying section 2056A with respect to the surviving spouse of a decedent dying before the date of the enactment of the Permanent Tax Relief Act-- ``(1) section 2056A(b)(1)(A) shall not apply to distributions made after the 10-year period beginning on such date, and ``(2) section 2056A(b)(1)(B) shall not apply on or after such date.''. (b) Generation-Skipping Transfer Tax Repeal.--Subchapter G of chapter 13 of subtitle B of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 2664. TERMINATION. ``This chapter shall not apply to generation-skipping transfers on or after the date of the enactment of the Permanent Tax Relief Act.''. (c) Conforming Amendments.-- (1) The table of sections for subchapter C of chapter 11 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 2210. Termination.''. (2) The table of sections for subchapter G of chapter 13 of such Code is amended by adding at the end the following new item: ``Sec. 2664. Termination.''. (d) Restoration of Pre-EGTRRA Provisions Not Applicable.-- (1) In general.--Section 301 of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 shall not apply to estates of decedents dying, and transfers made, on or after the date of the enactment of this Act. (2) Exception for stepped-up basis.--Paragraph (1) shall not apply to the provisions of law amended by subtitle E of title V of the Economic Growth and Tax Relief Reconciliation Act of 2001 (relating to carryover basis at death; other changes taking effect with repeal). (e) Sunset Not Applicable.--Section 304 of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 is hereby repealed. (f) Effective Date.--The amendments made by this section shall apply to the estates of decedents dying, and generation-skipping transfers, after the date of the enactment of this Act. SEC. 4. MODIFICATIONS OF GIFT TAX. (a) Computation of Gift Tax.--Subsection (a) of section 2502 of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) Computation of Tax.-- ``(1) In general.--The tax imposed by section 2501 for each calendar year shall be an amount equal to the excess of-- ``(A) a tentative tax, computed under paragraph (2), on the aggregate sum of the taxable gifts for such calendar year and for each of the preceding calendar periods, over ``(B) a tentative tax, computed under paragraph (2), on the aggregate sum of the taxable gifts for each of the preceding calendar periods. ``(2) Rate schedule.-- ``If the amount with respect to which The tentative the tentative tax to be computed is:. tax is: Not over $10,000....................... 18% of such amount. Over $10,000 but not over $20,000...... $1,800, plus 20% of the excess over $10,000. Over $20,000 but not over $40,000...... $3,800, plus 22% of the excess over $20,000. Over $40,000 but not over $60,000...... $8,200, plus 24% of the excess over $40,000. Over $60,000 but not over $80,000...... $13,000, plus 26% of the excess over $60,000. Over $80,000 but not over $100,000..... $18,200, plus 28% of the excess over $80,000. Over $100,000 but not over $150,000.... $23,800, plus 30% of the excess over $100,000. Over $150,000 but not over $250,000.... $38,800, plus 32% of the excess of $150,000. Over $250,000 but not over $500,000.... $70,800, plus 34% of the excess over $250,000. Over $500,000.......................... $155,800, plus 35% of the excess of $500,000.''. (b) Treatment of Certain Transfers in Trust.--Section 2511 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(c) Treatment of Certain Transfers in Trust.--Notwithstanding any other provision of this section and except as provided in regulations, a transfer in trust shall be treated as a taxable gift under section 2503, unless the trust is treated as wholly owned by the donor or the donor's spouse under subpart E of part I of subchapter J of chapter 1.''. (c) Lifetime Gift Exemption.--Paragraph (1) of section 2505(a) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) the amount of the tentative tax which would be determined under the rate schedule set forth in section 2502(a)(2) if the amount with respect to which such tentative tax is to be computed were $5,000,000, reduced by''. (d) Conforming Amendments.-- (1) Section 2505(a) of the Internal Revenue Code of 1986 is amended by striking the last sentence. (2) The heading for section 2505 of such Code is amended by striking ``unified''. (3) The item in the table of sections for subchapter A of chapter 12 of such Code relating to section 2505 is amended to read as follows: ``Sec. 2505. Credit against gift tax.''. (e) Effective Date.--The amendments made by this section shall apply to gifts made on or after the date of the enactment of this Act. (f) Transition Rule.-- (1) In general.--For purposes of applying sections 1015(d), 2502, and 2505 of the Internal Revenue Code of 1986, the calendar year in which this title is enacted shall be treated as 2 separate calendar years one of which ends on the day before the date of the enactment of this Act and the other of which begins on such date of enactment. (2) Application of section 2504(b).--For purposes of applying section 2504(b) of the Internal Revenue Code of 1986, the calendar year in which this title is enacted shall be treated as one preceding calendar period.

Permanent Tax Relief Act - Makes permanent: (1) the Economic Growth and Tax Relief Reconciliation Act of 2001, and (2) provisions of the Jobs and Growth Tax Relief Reconciliation Act of 2003 that reduce tax rates on dividend and capital gain income. Amends the Internal Revenue Code to make permanent: (1) the increased alternative minimum tax (AMT) exemption amount for individual taxpayers, and (2) the offset against the AMT for certain nonrefundable personal tax credits. Repeals the estate tax and the tax on generation-skipping transfers.  Reduces the maximum gift tax rate to 35%. Allows a lifetime gift tax exemption of $5 million.

{"src": "billsum_train", "title": "A bill to permanently extend the 2001 and 2003 tax cuts, to provide for permanent alternative minimum tax relief, and to repeal the estate and generation-skipping transfer taxes, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Cuba Normalization Act of 2017''. SEC. 2. FINDINGS. Congress finds that-- (1) with the end of the cold war and the collapse of the Soviet Union, Cuba is no longer a threat to the United States or the Western Hemisphere; (2) the continuation of the embargo on trade between the United States and Cuba that was declared in 1962 is not fulfilling the purpose for which it was established; (3) in the former Soviet Union, the Eastern bloc countries, China, and Vietnam, the United States is using diplomatic, economic, cultural, academic, and scientific engagement to support its policy of promoting democratic and human rights reforms; (4) extension to Cuba of unconditional normal trade relations treatment would assist Cuba in developing its economy based on free market principles and becoming competitive in the global marketplace; (5) the United States can best support democratic change and human rights in Cuba by promoting trade and commerce, travel, communications, and cultural, academic, and scientific exchanges; (6) expanding bilateral trade relations is likely to promote further progress in Cuba on human rights and democratic rule and assist Cuba in adopting regional and world trading rules and principles; and (7) Cuba was one of the founding members of the General Agreement on Tariffs and Trade in 1947 and is an original member of the World Trade Organization, and extension of unconditional normal trade relations treatment to Cuba would enable the United States to avail itself of all rights under the World Trade Organization with respect to Cuba. SEC. 3. REMOVAL OF PROVISIONS RESTRICTING TRADE AND OTHER RELATIONS WITH CUBA. (a) Authority for Embargo and Sugar Quota.--Section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)) is repealed. (b) Trading With the Enemy Act.--The authorities conferred upon the President by section 5(b) of the Trading With the Enemy Act, which were being exercised with respect to Cuba on July 1, 1977, as a result of a national emergency declared by the President before that date, and are being exercised on the day before the effective date of this Act, may not be exercised on or after such effective date with respect to Cuba. Any regulations in effect on the day before such effective date pursuant to the exercise of such authorities shall cease to be effective on such date. (c) Exercise of Authorities Under Other Provisions of Law.-- (1) Removal of prohibitions.--Any prohibition on exports to Cuba that is in effect on the day before the effective date of this Act under the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act) shall cease to be effective on such effective date. (2) Authority for new restrictions.--The President may, on and after the effective date of this Act-- (A) impose export controls with respect to Cuba under section 5, 6(j), 6(l), or 6(m) of the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act); and (B) exercise the authorities the President has under the International Emergency Economic Powers Act with respect to Cuba pursuant to a declaration of national emergency required by that Act that is made on account of an unusual and extraordinary threat, that did not exist before the enactment of this Act, to the national security, foreign policy, or economy of the United States. (d) Cuban Democracy Act.--The Cuban Democracy Act of 1992 (22 U.S.C. 6001 and following) is repealed. (e) Repeal of Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996.-- (1) Repeal.--The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 is repealed. (2) Conforming amendments.--(A) Section 498A of the Foreign Assistance Act of 1961 (22 U.S.C. 2295a) is amended-- (i) in subsection (a)(11) by striking ``and intelligence facilities, including the military and intelligence facilities at Lourdes and Cienfuegos,'' and inserting ``facilities,''; (ii) in subsection (b)-- (I) in paragraph (4), by adding ``and'' after the semicolon; (II) by striking paragraph (5); and (III) by redesignating paragraph (6) as paragraph (5); and (iii) by striking subsection (d). (B) Section 498B(k) of the Foreign Assistance Act of 1961 (22 U.S.C. 2295b(k)) is amended by striking paragraphs (3) and (4). (C) Section 1611 of title 28, United States Code, is amended by striking subsection (c). (D) Sections 514 and 515 of the International Claims Settlement Act of 1949 (22 U.S.C. 1643l and 1643m) are repealed. (f) Trade Sanctions Reform and Export Enhancement Act of 2000.--The Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.) is amended-- (1) in section 906(a)(1) (22 U.S.C. 7205(a)(1))-- (A) by striking ``Cuba,''; and (B) by inserting ``(other than Cuba)'' after ``to the government of a country''; (2) in section 908 (22 U.S.C. 7207)-- (A) by striking subsection (b); (B) in subsection (a)-- (i) by striking ``Prohibition'' and all that follows through ``(1) In general.--'' and inserting ``In General.--''; (ii) by striking ``for exports to Cuba or''; (iii) by striking paragraph (2); and (iv) by redesignating paragraph (3) as subsection (b) (and conforming the margin accordingly); and (C) in subsection (b) (as redesignated), by striking ``paragraph (1)'' and inserting ``subsection (a)''; (3) by striking section 909 (22 U.S.C. 7208); (4) by striking section 910 (22 U.S.C. 7209); and (5) by redesignating section 911 as section 909. (g) Repeal of Prohibition on Transactions or Payments With Respect to Certain United States Intellectual Property.--Section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (as contained in section 101(b) of division A of Public Law 105-277; 112 Stat. 2681-88) is repealed. (h) Sugar Quota Prohibition Under Food Security Act of 1985.-- Section 902(c) of the Food Security Act of 1985 is repealed. SEC. 4. TELECOMMUNICATIONS EQUIPMENT AND FACILITIES. Any common carrier within the meaning of section 3 of the Communications Act of 1934 (47 U.S.C. 153) is authorized to install, maintain, and repair telecommunications equipment and facilities in Cuba, and otherwise provide telecommunications services between the United States and Cuba. The authority of this section includes the authority to upgrade facilities and equipment. SEC. 5. TRAVEL. (a) In General.--Travel to and from Cuba by individuals who are citizens or residents of the United States, and any transactions ordinarily incident to such travel, may not be regulated or prohibited if such travel would be lawful in the United States. (b) Transactions Incident to Travel.--Any transactions ordinarily incident to travel which may not be regulated or prohibited under subsection (a) include, but are not limited to-- (1) transactions ordinarily incident to travel or maintenance in Cuba; and (2) normal banking transactions involving foreign currency drafts, traveler's checks, or other negotiable instruments incident to such travel. SEC. 6. ONGOING DISCUSSIONS WITH CUBA. (a) Claims Issues.-- (1) In general.--The President shall take all necessary steps to conduct negotiations with the Government of Cuba for the purpose of settling claims of nationals of the United States against the Government of Cuba for the taking of property by such government. (2) Basis of negotiations.--These negotiations should use as their basis the three bilateral meetings between the United States and Cuba held between December 2015 and January 2017. (b) Human Rights.-- (1) In general.--The President shall take all necessary steps to engage in bilateral dialogue with the Government of Cuba for the purpose of securing the protection of internationally recognized human rights. (2) Continuation of dialogue.--This bilateral dialogue should be a continuation of the dialogue between the United States and Cuba initiated in 2016. (c) Definitions.--As used in this section, the terms ``national of the United States'' and ``property'' have the meanings given those terms in section 502 of the International Claims Settlement Act of 1949 (22 U.S.C. 1643a). SEC. 7. EXTENSION OF NONDISCRIMINATORY TRADE TREATMENT. (a) Sense of Congress.-- (1) In general.--It is the sense of the Congress that-- (A) the United States should promote democratic change and economic reform by normalizing trade relations with Cuba; and (B) upon the enactment of this Act, it will no longer be necessary for the United States to continue to use article XXI of the GATT 1994 with respect to Cuba, understanding that the President retains full authority to invoke article XXI of the GATT 1994 and comparable provisions in other Uruguay Round Agreements in the future in all appropriate circumstances. (2) Definitions.--In this section, the term ``GATT 1994'' and ``Uruguay Round Agreements'' have the meanings given those terms in section 2 of the Uruguay Round Agreements Act (19 U.S.C. 3501). (b) Extension of Nondiscriminatory Treatment to the Products of Cuba.-- (1) Harmonized tariff schedule amendments.--General note 3(b) of the Harmonized Tariff Schedule of the United States is amended-- (A) by striking ``to section 401 of the Tariff Classification Act of 1962,''; and (B) by striking ``Cuba''. (2) Repeal of section 401 of the tariff classification act of 1962.--Section 401 of the Tariff Classification Act of 1962 (76 Stat. 78) is repealed. (3) Termination of application of title iv of the trade act of 1974 to cuba.-- (A) Extension of nondiscriminatory treatment.-- Nondiscriminatory treatment (normal trade relations treatment) shall apply to the products of Cuba. (B) Termination of application of title iv.--Title IV of the Trade Act of 1974 (19 U.S.C. 2101 et seq.) shall cease to apply to Cuba. (4) Effective date.--This section, and the amendments and repeal made by this section, shall apply with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the effective date of this Act. (c) Report to Congress.--The President shall submit to the Congress, not later than 18 months after the date of the enactment of this Act, a report on trade relations between the United States and Cuba. SEC. 8. PROHIBITION ON LIMITING ANNUAL REMITTANCES. (a) In General.--Except as provided in subsection (b), the Secretary of the Treasury may not limit the amount of remittances to Cuba that may be made by any person who is subject to the jurisdiction of the United States, and the Secretary shall rescind all regulations in effect on the date of enactment of this Act that so limit the amount of those remittances. (b) Statutory Construction.--Nothing in subsection (a) may be construed to prohibit the prosecution or conviction of any person committing an offense described in section 1956 of title 18, United States Code (relating to the laundering of monetary instruments), or section 1957 of such title (relating to engaging in monetary transactions in property derived from specific unlawful activity). SEC. 9. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect 60 days after the date of the enactment of this Act.

United States-Cuba Normalization Act of 2017 This bill repeals the embargo on trade with Cuba. The bill: (1) makes ineffective certain prohibitions on exports to Cuba; (2) extends nondiscriminatory treatment (normal trade relations) to Cuban products; (3) prohibits regulation or banning of travel to and from Cuba, or of any transactions incident to such travel, by U.S. citizens or residents; and (4) repeals the President's authority to continue direct restrictions on trade with Cuba. The President shall take steps necessary to: (1) conduct negotiations with Cuba on settling claims of U.S. nationals for the taking of property by the Cuban government, and (2) engage in bilateral dialogue with Cuba on securing the protection of internationally recognized human rights.The President may establish specified export controls and trade restrictions with respect to Cuba as of the effective date of this bill. The President may impose export controls and exercise certain emergency economic authorities with respect to Cuba only if there is an unusual threat to U.S. national security. The bill repeals: (1) the Cuban Democracy Act of 1992, (2) the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, (3) the prohibition against allocation of the annual sugar quota to a country unless such country verifies that it does not import Cuban sugar for reexport to the United States, and (4) the prohibition on transactions or payments respecting certain U.S. intellectual property. Cuba is removed from the list of state sponsors of terrorism subject to agricultural and medical export restrictions. Common carriers may provide telecommunications services, including installations and repairs, between the United States and Cuba. The Department of the Treasury may not limit the amount of remittances to Cuba that may be made by any person subject to U.S. jurisdiction.

{"src": "billsum_train", "title": "United States-Cuba Normalization Act of 2017"}

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Nurse And Patient Safety & Protection Act of 2006''. (b) Findings.--Congress finds the following: (1) Direct-care registered nurses rank 10th among all occupations for musculoskeletal disorders, sustaining injuries at a higher rate than laborers, movers, and truck drivers. In 2004, nurses sustained 8,800 musculoskeletal disorders, most of which (over 7,000) were back injuries. The leading cause of these injuries in health care are the result of patient lifting, transferring, and repositioning injuries. (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 providers suffering back injury do not return to work. (3) Patients are not at optimum levels of safety while being lifted, transferred, or repositioned manually. Mechanical lift programs can substantially reduce skin tears suffered by patients, allowing patients a safer means to progress through their care. (4) The development of assistive patient handling equipment and devices has essentially rendered the act of strict manual patient handling unnecessary as a function of nursing care. (5) Application of assistive patient handling technology fulfills an ergonomic approach within the nursing practice by designing and fitting the job or workplace to match the capabilities and limitations of the human body. (6) A growing number of health care facilities have incorporated patient handling technology and have reported positive results. Injuries among nursing staff have dramatically declined since implementing patient handling equipment and devices. As a result, the number of lost work days due to injury and staff turnover has declined. Cost- benefit analyses have also shown that assistive patient handling technology successfully reduces workers' compensation costs for musculoskeletal disorders. (7) Establishing a safe patient handling standard for direct-care registered nurses and other health care providers is a critical component in increasing patient safety, protecting nurses, and addressing the nursing shortage. SEC. 2. FEDERAL SAFE PATIENT HANDLING STANDARD. Not later than 1 year after the date of the enactment of this title, the Secretary of Labor, acting through the Director of Occupational Safety and Health Administration, shall establish a Federal Safe Patient Handling Standard to prevent musculoskeletal disorders for direct-care registered nurses and other health care providers working in health care facilities. This standard shall require the elimination of manual lifting of patients by direct-care registered nurses and other health care providers, through the use of mechanical devices, except during a declared state of emergency. The standard shall include a musculoskeletal injury prevention plan, which will include hazard identification and risk assessments in relation to patient care duties and patient handling. The standard shall require: (1) all health care facilities comply with the standard; (2) health care facilities to purchase, use, and maintain safe lift mechanical devices; (3) input from direct-care registered nurses and organizations representing direct-care registered nurses in implementing the standard; (4) a program to identify problems and solutions regarding safe patient handling; (5) a system to report, track, and analyze trends in injuries, as well as make injury data available to the public; (6) training for staff on safe patient handling policies, equipment, and devices at least on an annual basis. Training will also include hazard identification, assessment and control of musculoskeletal hazards in patient care areas, this would include interactive classroom based and hands on training by a knowledgeable person or staff; and (7) annual evaluations of safe patient handling efforts, as well as new technology, handling procedures, and engineering controls. Documentation of this process shall include equipment selection and evaluation. SEC. 3. REQUIREMENT FOR HEALTH CARE FACILITIES. (a) Safe Patient Handling Plan.--In accordance with the standard required under section 2, and not later than 6 months after such standard is published, health care facilities shall develop and implement a safe patient handling plan that-- (1) provides adequate, appropriate, and quality delivery of health care services that protects patient safety and prevents musculoskeletal disorders for direct-care registered nurses and other health care providers; (2) is consistent with the requirements of the Federal Safe Patient Handling Standard (as established in section 2); (3) provides for input by direct-care registered nurses and organizations representing direct-care registered nurses in implementing the plan; and (4) ensures that safe lifting mechanical devices shall only be used by direct care registered nurses and other health care providers. (b) Posting, Records, and Auditing.-- (1) Posting requirements.--Not later than 6 months after the standard required under section 2 is published, a health care facility shall post, in each unit of the facility, a uniform notice in a form specified by the Secretary in regulation that-- (A) explains the Federal Safe Patient Handling Standard issued under section 2; (B) includes information regarding safe patient handling polices and training; and (C) explains procedure to report patient handling- related injuries. (2) Audits.--The Secretary shall require the Occupational Safety and Health Administration to conduct unscheduled audits to ensure-- (A) implementation of the safe patient handling plan in accordance with this title; and (B) compliance with reporting and reviewing findings for continual improvements to the safe patient handling plan. SEC. 4. PROTECTION OF DIRECT-CARE REGISTERED NURSES AND OTHER INDIVIDUALS. (a) Refusal of Assignment.--A direct-care registered nurse or other health care provider may refuse to accept an assignment in a health care facility if-- (1) the assignment would violate the standard establish under section 2; or (2) the direct-care registered nurse or other health care provider is not prepared by education, training, or experience to fulfill the assignment without compromising the safety of any patient or jeopardizing the license of the nurse. (b) Retaliation for Refusal of Assignment Barred.-- (1) No discharge, discrimination, or retaliation.--No health care facility shall discharge, discriminate, or retaliate in any manner with respect to any aspect of employment, including discharge, promotion, compensation, or terms, conditions, or privileges of employment, against a direct-care registered nurse or other health care provider based on his or her refusal of a work assignment under subsection (a). (2) No filing of complaint.--No health care facility shall file a complaint or a report against a direct-care registered nurse or other health care provider with the appropriate State professional disciplinary agency because of his or her refusal of a work assignment under subsection (a). (c) Complaint to Secretary.--A direct-care registered nurse, health care provider, or other individual may file a complaint with the Secretary against a health care facility that violates this Act or a standard established under this Act. For any complaint filed, the Secretary shall-- (1) receive and investigate the complaint; (2) determine whether a violation of this Act as alleged in the complaint has occurred; and (3) if such a violation has occurred, issue an order that the complaining direct-care registered nurse, health care provider, or other individual shall not suffer any retaliation under subsection (b) or under subsection (d). (d) Whistleblower Protection.-- (1) Retaliation barred.--A health care facility shall not discriminate or retaliate in any manner with respect to any aspect of employment, including hiring, discharge, promotion, compensation, or terms, conditions, or privileges of employment against any individual who in good faith, individually or in conjunction with another person or persons-- (A) reports a violation or a suspected violation of this Act or the standard established under this Act to the Secretary, a public regulatory agency, a private accreditation body, or the management personnel of the health care facility; (B) initiates, cooperates, or otherwise participates in an investigation or proceeding brought by the Secretary, a public regulatory agency, or a private accreditation body concerning matters covered by this Act; or (C) informs or discusses with other individuals or with representatives of health care facility employees a violation or suspected violation of this Act. (2) Good faith defined.--For purposes of this subsection, an individual shall be deemed to be acting in good faith if the individual reasonably believes-- (A) the information reported or disclosed is true; and (B) a violation of this Act or the standard established under this Act has occurred or may occur. (e) Cause of Action.--Any direct-care registered nurse or other health care provider who has been discharged, discriminated, or retaliated against in violation of subsection (b)(1) or (d), or against whom a complaint has been filed in violation of subsection (b)(2), may bring a cause of action in a United States district court. A direct- care registered nurse or other health care provider who prevails on the cause of action shall be entitled to one or more of the following: (1) Reinstatement. (2) Reimbursement of lost wages, compensation, and benefits. (3) Attorneys' fees. (4) Court costs. (5) Other damages. (f) Notice.--A health care facility shall include in the notice required under section 3(b) an explanation of the rights of direct-care registered nurses, health care providers, and other individuals under this section and a statement that a direct-care registered nurse, health care provider, or other individual may file a complaint with the Secretary against a health care facility that violates the standard issued under section 2, including instructions for how to file such a complaint. 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 1 State to practice as a registered nurse and who provides bedside care or outpatient services for 1 or more patients. (2) Health care provider.--The term ``health care provider'' means any person required by State or Federal laws or regulations to be licensed, registered, or certified to provide health care services, and being either so licensed, registered, or certified, or exempted from such requirement by other statute or regulation. (3) Employment.--The term ``employment'' includes the provision of services under a contract or other arrangement. (4) Health care facility.--The term ``health care facility'' means an outpatient health care facility, hospital, nursing home, home health care agency, hospice, federally qualified health center, nurse managed health center, rural health clinic, or any similar healthcare facility that employs direct-care registered nurses. (5) Declared state of emergency.--The term ``declared state of emergency'' means an officially designated state of emergency that has been declared by the Federal Government or the head of the appropriate State or local governmental agency having authority to declare that the State, county, municipality, or locality is in a state of emergency, but does not include a state of emergency that results from a labor dispute in the health care industry or consistent under staffing. SEC. 6. FINANCIAL ASSISTANCE TO NEEDY HEALTH CARE FACILITIES IN THE PURCHASE OF SAFE PATIENT HANDLING EQUIPMENT. (a) In General.--The Secretary of Health and Human Services shall establish a grant program that provides financial assistance to cover some or all of the costs of purchasing safe patient handling equipment for health care facilities, such as hospitals, nursing facilities, and outpatient facilities, that-- (1) require the use of such equipment in order to comply with the standards established under section 2; but (2) demonstrate the financial inability to otherwise afford the purchase of such equipment are provided grants for some or all of the cost of purchasing such equipment. (b) Application.--No financial assistance shall be provided under this section except pursuant to an application made to the Secretary in such form and manner as the Secretary shall specify. The Secretary shall establish a fair standard whereby the facility must clearly demonstrate true financial need in order to establish eligibility for the grant program. (c) Authorization of Appropriations.--There are authorized to be appropriated for financial assistance under this section $50,000,000, which shall remain available until expended.

Nurse and Patient Safety & Protection Act of 2006 - Requires the Secretary of Labor, acting through the Director of Occupational Safety and Health Administration, to establish a Federal Safe Patient Handling Standard to prevent musculoskeletal disorders for direct-care registered nurses and other health care providers working in health care facilities by requiring the elimination of manual lifting of patients through the use of mechanical devices, except during a declared state of emergency. Requires health care facilities to: (1) develop and implement a safe patient handling plan consistent with such standard; and (2) post a uniform notice that explains the standard and the procedures to report patient handling-related injuries. Requires the Secretary to direct the Occupational Safety and Health Administration to conduct audits of plan implementation and compliance. Authorizes health care providers to: (1) refuse to accept an assignment in a health care facility if the assignment would violate the standard or if such provider is not prepared to fulfill the assignment without compromising the patient safety or jeopardizing the provider's license; and (2) file complaints against facilities that violate this Act. Requires the Secretary to investigate complaints and to prohibit retaliation if violations occur. Prohibits health care facilities from retaliating with respect to employment against providers for such refusal or against any individual who in good faith reports a violation, participates in an investigation or proceeding, or discusses violations. Authorizes health care providers who have been retaliated against in violation of this Act to bring a cause of action in a U.S. district court. Entitles providers that prevail to reinstatement, reimbursement of lost compensation, attorneys' fees, court costs, and/or other damages. Requires the Secretary of Health and Human Services to establish a grant program for purchasing safe patient handling equipment for health care facilities.

{"src": "billsum_train", "title": "To amend the Occupational Safety and Health Act of 1970 to reduce injuries to patients, direct-care registered nurses, and other health care providers by establishing a safe patient handling standard."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Act to Improve the American Diet''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The Surgeon General of the Public Health Service has stated that dietary patterns with excessive intake of foods high in fat (especially saturated fat), calories, cholesterol and sodium, contribute to the high rates of chronic diseases among Americans. Reversing such dietary patterns should decrease the incidence of these chronic diseases. (2) Currently, diet plays a major role in the development of 4 of the top 7 diseases that are killers in the United States: heart disease, cancer, stroke, and diabetes. (3) According to the Department of Health and Human Services, America's poor diet and sedentary lifestyle contribute to 300,000 to 580,000 deaths each year. (4) To make significant strides toward improving the health of Americans, greater attention must be made to nutrition education. The President could provide leadership by giving a higher profile to the importance of a healthy diet. (5) Good nutrition is one of the most important factors in determining long-term health. (6) Improvements in the diet of Americans can reduce the health care cost of treating dietary-related diseases and produce a savings of up to $200,000,000,000. (7) The Department of Health and Human Services and the Preventive Services Task Force have recommended that health care programs for individuals of all ages should include dietary counselling. (8) Efforts must be made to identify and to remove the barriers to optimal health and nutritional status in high-risk groups, including minority and low-income population groups (using methods that take into consideration their diverse cultural, ethnic and economic backgrounds); and special attention should also be made to pregnant and lactating women, to children, and to the elderly, who have special nutritional needs. SEC. 3. COORDINATION BETWEEN FEDERAL GOVERNMENT, STATE AND LOCAL GOVERNMENTS, VOLUNTARY ORGANIZATIONS, AND PRIVATE ENTERPRISE REGARDING THE NATIONAL PROGRAM FOR A HEALTHY DIET. (a) In General.--The President shall establish a national program for diet and health in accordance with the purpose described in subsection (b). (b) Purpose of Program.--The purpose of the National Program is to help coordinate, support, and assist nutrition education activities and programs by State and local governments and by private entities, including educational institutions, voluntary organizations, civic groups, professional associations, business organizations, and other private entities. (c) Coordination Regarding Intergovernmental Relationships and Public and Private Entities.-- (1) Coordination in federal activities.--The National Program shall assess the extent to which the purpose described in subsection (b) is being carried out by the various departments and agencies of the Federal Government, and shall carry out the activities of the Program in coordination with the departments and agencies involved. (2) Intergovernmental relationships.--The National Program shall assess the nutrition education activities and programs being carried out by State and local governments and by private entities, and shall help coordinate, support, and assist the activities and programs. (d) Certain Program Activities.--The activities of the National Program shall include (but are not limited to) the following: (1) Promoting the health of Americans by facilitating and collaborating with Federal, State, local, and private strategies to encourage the American people to eat a healthy diet. (2) Initiating programs to inform the general public of the importance of a healthy diet and its link to good health and disease prevention. (3) Enlisting the active support and assistance of individual citizens, civic groups, private enterprise, voluntary organizations and others in efforts to promote and improve the health of all Americans through healthy eating habits. (4) Inviting appropriate Federal health agencies to participate in the National Program. (5) Seeking to improve the diets of children, youth, adults, minorities, senior citizens, and low-income individuals by encouraging the development of community-wellness programs and health education programs. (6) Working with State and local government to develop and implement nutrition education programs. (7) Assisting health educational agencies at all levels in developing high quality, innovative health programs which emphasize the importance of diet to good health. (8) Developing cooperative programs with medical, dental, social workers and other similar professional schools and educational associations to encourage the implementation of sound nutrition practices in medical services and education. (9) Assisting business, industry, government, and labor organizations, and other workplace organizations or groups, in developing and implementing sound nutrition programs to elevate employee health and reduce the financial and human costs resulting from a poor diet. (10) Increasing awareness among the American people about the importance of producing healthy food and of the availability of healthy food in the supermarkets, food establishments, and food programs, and to encourage food providers to provide and serve healthy meals and products. (e) Authority Regarding Non-Federal Contributions.--In carrying out activities under the National Program in a community (or other geographic area), the National Program may require that, as a condition of carrying out the Federal activities, non-Federal contributions be provided toward the costs of the activities. (f) Requirement Regarding Participation of Private Entities.--A private entity may be permitted to sponsor or otherwise participate in a particular activity of the National Program only if the entity does not promote, directly or indirectly, any health-related behavior that is inconsistent with the purpose of such activity. SEC. 4. PRESIDENT'S COUNCIL ON DIET AND HEALTH. (a) In General.--The President shall provide for the establishment and operation of a council to be known as the President's Council on Diet and Health. (b) Duties.--The Council shall provide advice to the President regarding the National Program, including advice on the extent of progress being made toward achieving the goals of the Program, and shall recommend, as necessary, actions to accelerate progress. The Council shall assist in carrying out the Program, as necessary, and provide advice and guidance to State and local public health officials, and to private entities (including educational, voluntary, and civic groups), on how to promote diet and health. (c) Composition.-- (1) In general.--The Council shall be composed of-- (A) such Federal officials or employees as the President may designate to serve as members of the Council; and (B) 20 members appointed to the Council by the President from among individuals who are not officers or employees of the Federal Government and who possess appropriate expertise or experience regarding nutrition and health. (2) Certain requirements.--Of the members of the Council appointed under paragraph (1)(B)-- (A) not fewer than 3 shall be individuals representing a national organization concerned with nutrition and health; and (B) not fewer than 7 shall be individuals who possess professional credentials demonstrating particular expertise regarding food, nutrition, or health, of which 3 individuals shall be knowledgeable on nutrition and health among low-income populations or among one or more racial or ethnic minority groups. (d) Chair.--The President shall designate an individual or individuals who are not officers or employees of the Federal Government to serve as the chair or chairs of the Council. A Chair shall serve at the pleasure of the President. The President shall seek to ensure that the Chair of the Council is an individual who is well-known by the public and who will be an appropriate advocate among the public with respect to obtaining the goals of the National Program. (e) Terms.--Each of the members of the Council appointed under paragraph (1)(B) shall be appointed for a term of 4 years, except that up to half of the initial appointments, when the Council is first created, may be for 2 years, and may upon the expiration of a term be reappointed by the President. A member of the Council may continue to serve after the expiration of his or her term until a successor is appointed. The President may at any time terminate the membership on the Council of any individual for cause. (f) Vacancies.--A vacancy in the membership of the Council does not affect the power of the remaining members to execute the duties of the Council. (g) Meetings.--The Council shall meet not less than once each fiscal year. (h) Compensation and Reimbursement of Expenses.--Members of the Council may not receive compensation for service on the Council. The members may, in accordance with chapter 57 of title 5, United States Code, be reimbursed for travel, subsistence, and other necessary expenses incurred in carrying out the duties of the Council. (i) Staff; Administrative Support.-- (1) In general.--The President shall furnish the Council with such staff, quarters, supplies, facilities, and other administrative support as may be necessary to carry out the duties of the Council and assist in carrying out the National Program. (2) Executive director.--To carry out the National Program, the President shall appoint an executive director for the Council, who shall serve until a new one is appointed. (j) Seal of Program.--The President shall provide for the development and use of a seal for the National Program. (k) Termination.--For purposes of section 14(a)(2)(B) of the Federal Advisory Committee Act, the Council shall continue in existence until otherwise provided by law after the date of the enactment of this Act. SEC. 5. GENERAL PROVISIONS. (a) Requests for Federal Information and Assistance.--The National Program and the Council may upon request receive from Federal agencies such information and other assistance as may otherwise be permitted by law, subject to the availability of funds to comply with the request. (b) Definitions.--For purposes of this Act: (1) The term ``Council'' means the council established under section 4(a). (2) The term ``National Program'' means the program established under section 3(a). SEC. 6. AUTHORIZATION OF APPROPRIATIONS. In addition to any other authorizations of appropriations that are available for the purpose of carrying out this Act, there are authorized to be appropriated to the National Program and the Council for such purpose $300,000 for fiscal year 1995, $500,000 for fiscal year 1996, and $1,000,000 for fiscal year 1997 and each subsequent fiscal year.

Act to Improve the American Diet - Directs the President to establish a national program for diet and health through the coordination of activities between the Federal Government, State and local governments, voluntary organizations, and private entities. Requires the establishment of the President's Council on Diet and Health to advise the President on the national program. Authorizes appropriations.

{"src": "billsum_train", "title": "Act to Improve the American Diet"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Discovery Trails Act of 1999''. SEC. 2. AUTHORIZATION OF NATIONAL DISCOVERY TRAILS COMPONENT OF NATIONAL TRAILS SYSTEM. (a) Additional Component of System.--Section 3(a) of the National Trails System Act (16 U.S.C. 1242(a)) is amended-- (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following new paragraph: ``(4) National discovery trails, established as provided in section 5 and subject to the special requirements of section 7A, which will be extended, continuous, interstate trails so located as to-- ``(A) provide for outstanding outdoor recreation and travel and the conservation and enjoyment of significant natural, cultural, and historic resources associated with the trail; and ``(B) connect representative examples of America's trails and metropolitan, urban, rural, and backcountry regions of the Nation.''. (b) Special Requirements for National Discovery Trails.--The National Trails System Act is amended by inserting after section 7 (16 U.S.C. 1246) the following new section: ``SEC. 7A. SPECIAL ADMINISTRATION AND DEVELOPMENT REQUIREMENTS APPLICABLE TO NATIONAL DISCOVERY TRAILS. ``(a) Cooperative Administration.--The appropriate Secretary for each national discovery trail shall administer the trail in cooperation with a competent trailwide volunteer-based organization. ``(b) Relation to Other Trails.--Where national discovery trails are congruent with other local, State, national scenic, or national historic trails, the designation of the national discovery trail shall not in any way diminish the values and significance for which these trails were established.''. (c) Conditions on Conduct of Feasibility Studies.--Section 5(b) of the National Trails System Act (16 U.S.C. 1244(b)) is amended-- (1) by redesignating paragraphs (1) through (10) as subparagraphs (A) through (J), respectively; (2) by striking ``the'' at the beginning of each of subparagraphs (A) through (J), as so redesignated, and inserting ``The''; (3) by striking the semicolon at the end of each of subparagraphs (A) through (I), as so redesignated, and inserting a period; (4) in subparagraph (J), as so redesignated, by striking ``; and'' and inserting a period; (5) by inserting ``(1)'' after ``(b)'' at the beginning of the subsection; (6) by redesignating paragraph (11) as paragraph (2) and conforming the margins to paragraph (1); and (7) by adding at the end the following new paragraph: ``(3)(A) For purposes of this subsection, a trail shall not be considered feasible and desirable for designation as a national discovery trail unless it meets all of the following criteria: ``(i) The trail must link to one or more areas within the boundaries of a metropolitan area (as those boundaries are determined under section 134(c) of title 23, United States Code), and the trail should also join with other trails, thereby tying the National Trails System to significant recreation and resources areas. ``(ii) The trail must be supported by at least one competent trailwide volunteer-based organization, and must have extensive local and trailwide support by the public, by user groups, and by affected State and local governments. ``(iii) The trail must be extended and pass through more than one State. At a minimum, it should be a continuous, walkable route. ``(B) National discovery trails are specifically exempted from the provisions of sections 7(g) of this Act. ``(C) The appropriate Secretary shall obtain written consent from affected landowners prior to entering nonpublic lands for the purposes of conducting any surveys or studies of nonpublic lands relating to designating or administering national discovery trails.''. (d) Comprehensive National Discovery Trail Plan.--Section 5 of the National Trails System Act (16 U.S.C. 1244) is amended by adding at the end the following new subsection: ``(g) Comprehensive National Discovery Trail Plan.-- ``(1) Preparation and submission.--Within three complete fiscal years after the date of enactment of legislation designating a national discovery trail, the responsible Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a comprehensive plan for the protection, management, development, and use of the Federal portions of the trail and for the provision of technical assistance to States and local units of government and private landowners, as requested, for non-Federal portions of the trail. ``(2) Cooperation and consultation.--In developing a comprehensive management plan for a national discovery trail, the responsible Secretary shall cooperate to the fullest practicable extent with the organizations sponsoring the trail. The responsible Secretary shall ensure that the comprehensive plan does not conflict with existing agency direction and shall consult with the affected land managing agencies, the Governors of the affected States, affected county and local political jurisdictions, and local organizations maintaining components of the trail. ``(3) Special requirements of plan.--Components of the comprehensive management plan for a national discovery trail shall include the following: ``(A) Policies, objectives, and practices to be observed in the administration and management of the trail, including the identification of all significant natural, historical, and cultural resources to be preserved, model agreements necessary for joint trail administration among and between interested parties, and an identified carrying capacity for critical segments of the trail, and procedures for implementation, where appropriate. ``(B) Strategies for trail protection to retain the values for which the trail is being established and recognized by the Federal Government. ``(C) General and site-specific trail-related development, including anticipated costs. ``(D) The process to be followed to implement the trail marking authorities in section 7(c) conforming to approved trail logo or emblem requirements.''. (e) Conforming Amendments to Reflect New Category of National Trail.--The National Trails System Act is amended-- (1) in section 2(b) (16 U.S.C. 1241(b)), by striking ``scenic and historic'' and inserting ``scenic, historic, and discovery''; (2) in section 5 (16 U.S.C. 1244)-- (A) by striking the section heading and ``Sec. 5. (a)'' and inserting the following: ``SEC. 5. NATIONAL SCENIC, NATIONAL HISTORIC, AND NATIONAL DISCOVERY TRAILS. ``(a) Congressionally Authorized Trails.--''; (B) in subsection (a), in the matter preceding paragraph (1)-- (i) by striking ``and national historic'' and inserting ``, national historic, and national discovery''; and (ii) by striking ``and National Historic'' and inserting ``, National Historic, and National Discovery''; and (C) in subsection (b)(1) (as amended by subsection (c) of this section)-- (i) in the matter preceding subparagraph (A), by striking ``or national historic'' and inserting ``, national historic, or national discovery''; and (ii) in subparagraph (C), by striking ``or national historic'' and inserting ``, national historic, or national discovery''; and (3) in section 7 (16 U.S.C. 1246)-- (A) in subsection (a)(2), by striking ``and national historic'' and inserting ``, national historic, and national discovery''; (B) in subsection (b), by striking ``or national historic'' each place such term appears and inserting ``, national historic, or national discovery''; (C) in subsection (c)-- (i) by striking ``scenic or national historic'' each place it appears and inserting ``scenic, national historic, or national discovery''; (ii) in the second proviso, by striking ``scenic, or national historic'' and inserting ``scenic, national historic, or national discovery''; and (iii) by striking ``, and national historic'' and inserting ``, national historic, and national discovery''; (D) in subsection (d), by striking ``or national historic'' and inserting ``national historic, or national discovery''; (E) in subsection (e), by striking ``or national historic'' each place such term appears and inserting ``, national historic, or national discovery''; (F) in subsection (f)(2), by striking ``National Scenic or Historic Trail'' and inserting ``national scenic, historic, or discovery trail''; (G) in subsection (h)(1), by striking ``or national historic'' and inserting ``national historic, or national discovery''; and (H) in subsection (i), by striking ``or national historic'' and inserting ``national historic, or national discovery''. SEC. 3. DESIGNATION OF AMERICAN DISCOVERY TRAIL AS A NATIONAL DISCOVERY TRAIL. (a) Designation.--Section 5(a) of National Trails System Act (16 U.S.C. 1244(a)) is amended by adding at the end the following new paragraph: ``(21) The American Discovery Trail, a trail of approximately 6,000 miles extending from Cape Henlopen State Park in Delaware to Point Reyes National Seashore in California, extending westward through Delaware, Maryland, the District of Columbia, West Virginia, Ohio, and Kentucky, where near Cincinnati it splits into two routes. The Northern Midwest route traverses Ohio, Indiana, Illinois, Iowa, Nebraska, and Colorado, and the Southern Midwest route traverses Indiana, Illinois, Missouri, Kansas, and Colorado. After the two routes rejoin in Denver, Colorado, the route continues through Colorado, Utah, Nevada, and California. The trail is generally described in Volume 2 of the National Park Service feasibility study dated June 1995 which shall be on file and available for public inspection in the office of the Director of the National Park Service, Department of the Interior. The American Discovery Trail shall be administered by the Secretary of the Interior in cooperation with at least one competent trailwide volunteer-based organization, affected land managing agencies and State and local governments as appropriate. No lands or interests outside the exterior boundaries of federally administered areas may be acquired by the Federal Government solely for the American Discovery Trail. The American Discovery Trail is specifically exempted from the provisions of subsection (e), (f), and (g) of section 7.''. (b) Clerical Amendments.--Such section is further amended-- (1) by designating the paragraph relating to the California National Historic Trail as paragraph (18); (2) by designating the paragraph relating to the Pony Express National Historic Trail as paragraph (19); and (3) by designating the paragraph relating to the Selma to Montgomery National Historic Trail as paragraph (20).

Requires the appropriate Secretary for each national discovery trail to administer the trail in cooperation with a competent trailwide nonprofit organization. Prohibits a trail from being considered feasible and desirable for designation as a national discovery trail unless it: (1) links to one or more areas within the boundaries of a metropolitan area and joins with other trails, tying the National Trails System to significant recreation and resources areas; (2) is supported by a competent trailwide volunteer-based organization and has extensive local and trailwide support by the public, user groups, and affected State and local governments; and (3) extends and passes through more than one State and, at a minimum, is a continuous, walkable route. Requires the responsible Secretary, within three complete fiscal years after enactment of legislation designating a national discovery trail, to submit to specified congressional committees a comprehensive plan: (1) for the protection, management, development, and use of the Federal portions of the trail; and (2) for technical assistance to States, local governments, and private landowners, as requested, for non-Federal portions of the trail. Designates as a national discovery trail the 6,000-mile American Discovery Trail which shall extend from Cape Henlopen State Park in Delaware to Point Reyes National Seashore in California, traveling northern and southern routes from Cincinnati, Ohio, to Denver, Colorado.

{"src": "billsum_train", "title": "National Discovery Trails Act of 1999"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Fire and Emergency Services Act of 2000''. SEC. 2. DEFINITIONS. In this Act: (1) Agency.--The term ``Agency'' means the Federal Emergency Management Agency. (2) Burn program.--The term ``burn program'' means the Burn Services Grant Program established by section 3(a). (3) Director.--The term ``Director'' means the Director of the Agency. (4) Fire program.--The term ``fire program'' means the ``Fire Services Grant Program'' established under section 4(a). SEC. 3. BURN SERVICES GRANT PROGRAM. (a) Establishment.--There is established within the Agency a grant program to be known as the ``Burn Services Grant Program''. (b) Competitive Grants.--The Director may make a grant under the burn program, on a competitive basis, to-- (1) a safety organization that has experience in conducting burn safety programs, for the purpose of assisting the organization in conducting or augmenting a burn prevention program; (2) a hospital that serves as a regional burn center, for the purpose of conducting acute burn care research; or (3) a governmental or nongovernmental entity, for the purpose of providing after-burn treatment and counseling to individuals that are burn victims. (c) Program Office.--The Director shall establish within the Agency an office to-- (1) establish criteria for use by the Director in awarding grants under the burn program; and (2) administer grants awarded under the burn program. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000, to remain available until expended. SEC. 4. FIRE SERVICES GRANT PROGRAM. (a) Establishment.--The Director shall establish within the Agency a grant program known as the ``Fire Services Grant Program'' to award grants to volunteer, paid, and combined volunteer-paid departments that provide fire and emergency medical services. (b) Use of Funds.--A grant awarded under the fire program may be used to-- (1) acquire-- (A) personal protective equipment required for firefighting personnel by the Occupational Safety and Health Administration; and (B) other personal protective equipment for firefighting personnel; (2) acquire additional firefighting equipment, including equipment for communication and monitoring; (3) establish wellness and fitness programs for firefighting personnel to reduce the number of injuries and deaths related to health and conditioning problems; (4) promote professional development of fire code enforcement personnel; (5) integrate computer technology to improve records management and training capabilities; (6) train firefighting personnel in-- (A) firefighting; (B) emergency response; and (C) arson prevention and detection; (7) enforce fire codes; (8) fund fire prevention programs and public education programs on-- (A) arson prevention and detection; and (B) juvenile fire setter intervention; and (9) modify fire stations, fire training facilities, and other facilities to protect the health and safety of firefighting personnel. (c) Applications.--An applicant for a grant awarded under the fire program shall submit to the Director an application that includes-- (1) a demonstration of the financial need of the applicant; (2) evidence of a commitment by the applicant to provide matching funds from non-Federal sources for the project that is the subject of the application in an amount that is at least equal to the amount of funds requested in the application; (3) a cost-benefit analysis linking the funds requested to improvements in public safety; and (4) a commitment by the applicant to provide information to the National Fire Incident Reporting System for the period for which the grant is received. (d) Audits.--The Director shall conduct audits of grant recipients to ensure that grant funds are used for the purposes for which the grant is awarded. (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $80,000,000, to remain available until expended. SEC. 5. COOPERATIVE FORESTRY ASSISTANCE. The Secretary of Agriculture shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out paragraphs (1) through (3) of section 10(b) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2106(b)), not to exceed $10,000,000, to remain available until expended.

Requires the Director to establish within FEMA a Fire Services Grant Program to award grants to volunteer, paid, and combined volunteer-paid departments that provide fire and emergency medical services. Directs the Secretary of Agriculture to use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out certain cooperative forestry assistance with respect to rural fire prevention and control.

{"src": "billsum_train", "title": "21st Century Fire and Emergency Services Act of 2000"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Free Housing Market Enhancement Act''. SEC. 2. PROHIBITION OF FEDERAL FUNDS FOR HOUSING-RELATED GOVERNMENT- SPONSORED ENTERPRISES. Notwithstanding any other provision of law, no Federal funds may be provided, directly or indirectly, to the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, or any Federal Home Loan Bank. SEC. 3. AMENDMENTS TO FEDERAL NATIONAL MORTGAGE ASSOCIATION CHARTER ACT. (a) Exemption From State Taxation.--Section 309(c) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1723a(c)) is amended-- (1) by striking paragraph (2); and (2) by striking ``(1)''. (b) Authority of Treasury To Approve Debt Issues.--Section 304(b) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1719(b)) is amended-- (1) by striking ``, upon the approval of the Secretary of the Treasury,''; and (2) by striking ``with the approval of the Secretary of the Treasury''. (c) Authority To Borrow From Treasury.--Section 304 of the Federal National Mortgage Association Charter Act (12 U.S.C. 1719) is amended by striking subsection (c). (d) Depositary Authority.--Section 309(g) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1723a(g)) is amended-- (1) by striking ``each of the bodies corporate named in section 302(a)(2)'' and inserting ``the Association''; and (2) by striking ``such bodies corporate'' and inserting ``the bodies corporate named in section 302(a)(2)''. (e) Designation of Obligations as Lawful Investments.--The first sentence of section 311 of the Federal National Mortgage Association Charter Act (12 U.S.C. 1723c) is amended by striking ``either of the bodies corporate named in section 302(a)(2)'' and inserting ``the Association''. (f) Appointment of Members of Board of Directors.-- (1) In general.--Section 308(b) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1723(b)) is amended-- (A) in the first sentence, by striking ``five of whom shall be appointed annually by the President of the United States, and the remainder of whom'' and inserting ``who''; (B) in the second sentence, by striking ``appointed by the President''; (C) in the third sentence-- (i) by striking ``appointed or''; and (ii) by striking ``, except that any such appointed member may be removed from office by the President for good cause''; (D) in the fourth sentence, by striking ``elective''; and (E) by striking the fifth sentence. (2) Applicability.--The amendments made by paragraph (1) shall apply only with respect to the first election of members of the board of directors of the Federal National Mortgage Association occurring after the date of the enactment of this Act, and the board resulting from such election, and to elections and boards thereafter. SEC. 4. AMENDMENTS TO FEDERAL HOME LOAN MORTGAGE CORPORATION. (a) Exemption From State Taxation.--Section 303 of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1452) is amended by striking subsection (e). (b) Authority of Treasury To Approve Debt Issues.--Section 306(j) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1455(j)) is amended-- (1) by striking ``(1)''; (2) by striking ``be issued upon the approval of the Secretary of the Treasury and shall''; (3) by striking ``with the approval of the Secretary of the Treasury''; and (4) by striking paragraphs (2) and (3). (c) Authority To Borrow From Treasury.--Section 306 of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1455) is amended by striking subsection (c). (d) Depositary Authority.--Section 303(d) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1452(d)) is amended by striking the second and third sentences. (e) Designation of Obligations as Lawful Investments.--Section 303 of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1452) is amended by striking subsection (g). (f) Appointment of Members of Board of Directors.-- (1) In general.--Section 303(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1452(a)(2)) is amended-- (A) in subparagraph (A)-- (i) in the first sentence, by striking ``5 of whom shall be appointed annually by the President of the United States and the remainder of whom'' and inserting ``who''; and (ii) in the second sentence, by striking ``appointed by the President of the United States''; (B) in subparagraph (B)-- (i) by striking ``such or''; and (ii) by striking ``, except that any appointed member may be removed from office by the President for good cause''; and (C) in subparagraph (C)-- (i) by striking the first sentence; and (ii) by striking ``elective''. (2) Applicability.--The amendments made by paragraph (1) shall apply only with respect to the first election of members of the Board of Directors of the Federal Home Loan Mortgage Corporation occurring after the date of the enactment of this Act, and the Board resulting from such election, and to elections and Boards thereafter. SEC. 5. AMENDMENTS TO FEDERAL HOME LOAN BANKS. (a) Exemption From State Taxation.-- (1) Notes and obligations.--The first sentence of section 13 of the Federal Home Loan Bank Act (12 U.S.C. 1433) is amended by striking ``, by any Territory,'' and all that follows through ``local taxing authority''. (2) Banks.--The second sentence of section 13 of the Federal Home Loan Bank Act (12 U.S.C. 1433) is amended by striking ``, by any Territory,'' and all that follows through ``taxed''. (b) Authority To Borrow From Treasury.--Section 11 of the Federal Home Loan Bank Act (12 U.S.C. 1431) is amended by striking subsection (i). (c) Depositary Authority.--The Federal Home Loan Bank Act is amended-- (1) by striking section 14 (12 U.S.C. 1434); and (2) in section 15 (12 U.S.C. 1435), by striking the second sentence. (d) Designation of Obligations as Lawful Investments.--Section 15 of the Federal Home Loan Bank Act (12 U.S.C. 1435), as amended by subsection (c)(2) of this section, is further amended by striking the first sentence. SEC. 6. PROHIBITION OF FEDERAL RESERVE PURCHASE OF GSE DEBT. Section 14(b)(2) of the Federal Reserve Act (12 U.S.C. 355(2)) is amended-- (1) by inserting ``(A)'' after ``(2)''; and (2) by adding at the end the following new subparagraph: ``(B) For purposes of this subsection, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, and the Federal Home Loan Banks shall not be considered agencies of the United States.''. SEC. 7. REPEAL OF ELIGIBILITY OF GSE OBLIGATIONS FOR UNLIMITED INVESTMENTS. (a) National Banks.--Section 5136 of the Revised Statutes of the United States (12 U.S.C. 24) is amended in the sixth sentence of the paragraph designated ``Seventh''-- (1) by striking ``or the Federal Home Loan Banks''; (2) by striking ``the Federal National Mortgage Association or''; and (3) by striking ``or mortgages, obligations, or other securities which are or ever have been sold by the Federal Home Loan Mortgage Corporation pursuant to section 305 or 306 of the Federal Home Loan Mortgage Corporation Act''. (b) Federally Chartered Thrifts.--Section 5(c)(1) of the Home Owners' Loan Act (12 U.S.C. 1464(c)(1)) is amended-- (1) by striking subparagraphs (D) and (E); (2) in subparagraph (F), by striking ``the Federal National Mortgage Association,''; (3) in subparagraph (M), by striking ``or a Federal home loan bank''; and (4) by redesignating subparagraphs (F) through (U) as subparagraphs (D) through (S), respectively. (c) Credit Unions.--Section 107(7)(E) of the Federal Credit Union Act (12 U.S.C. 1757(7)(E)) is amended-- (1) by striking ``Federal home loan banks, the Federal Home Loan Bank Board,''; (2) by striking ``the Federal National Mortgage Association or''; and (3) by striking ``or in mortgages, obligations, or other securities which are or ever have been sold by the Federal Home Loan Mortgage Corporation pursuant to section 305 or section 306 of the Federal Home Loan Mortgage Corporation Act;''.

Free Housing Market Enhancement Act - Prohibits providing Federal funds to the Federal National Mortgage Association (Fannie Mae), the Federal Home Loan Mortgage Corporation (Freddie Mac), or any Federal Home Loan bank (Such entities are referred to as government sponsored enterprises, or GSEs.)Amends the Federal National Mortgage Association Charter Act ( Fannie Mae) and the Federal Home Loan Mortgage Corporation Act (Freddie Mac) to repeal: (1) the State tax exemption; (2) the requirement that the Treasury approve debt issues; (3) Treasury authority to purchase Fannie Mae/Freddie Mac obligations; (4) depositary authority; and (5) the designation of obligations as lawful investments.Amends the Federal Home Loan Bank Act to repeal: (1) the State tax exemption; (2) Treasury authority to purchase bank obligations; (3) depositary authority; and (4) the designation of obligations as lawful investments.Amends the Federal Reserve Act to prohibit Federal Reserve purchase of GSE debt.Repeals the eligibility of GSE obligations for unlimited investment by national banks, federally chartered thrifts, and credit unions.

{"src": "billsum_train", "title": "To prohibit the provision of Federal funds to the housing-related government-sponsored enterprises and to remove certain competitive advantages granted under law to such enterprises."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Black Lung Consolidation of Administrative Responsibility Act''. SEC. 2. TRANSFER OF PART B BLACK LUNG BENEFIT RESPONSIBILITIES FROM COMMISSIONER OF SOCIAL SECURITY TO SECRETARY OF LABOR. (a) In General.--Part B of the Black Lung Benefits Act (30 U.S.C. 921 et seq.) other than section 415(b) (30 U.S.C. 925(b)) is amended by striking ``Commissioner of Social Security'' each place such term appears and inserting ``Secretary''. (b) Conforming Amendments.-- (1) Section 402 of such Act (30 U.S.C. 902) is amended-- (A) in subsection (c), by striking ``where used in part C'' and inserting ``, except where expressly otherwise provided,''; (B) in subsection (f)(1), by inserting after ``Secretary of Health, Education, and Welfare'' the following: ``, which were in effect on the date of enactment of the Black Lung Consolidation of Administrative Responsibilities Act,''; (C) in subsection (f)(2)-- (i) by striking ``which is subject to review by the Secretary of Health, Education, and Welfare,'' and inserting ``arising under part B''; and (ii) by striking the comma after ``Secretary of Labor''; and (D) in subsection (i), by amending paragraph (1) to read as follows: ``(1) for benefits under part B that was denied by the official responsible for administration of such part; or''. (2) Section 413(b) of such Act (30 U.S.C. 923(b)) is amended by striking ``In carrying out the provisions of this part'' and all that follows through ``Social Security Act, but no'' and inserting ``No''. (3) Section 415 of such Act (30 U.S.C. 925) is amended-- (A) in subsection (a)-- (i) by striking paragraph (2); (ii) by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively; and (iii) in paragraph (4) (as so redesignated), by striking ``paragraph 4'' and inserting ``paragraph (2)''; and (B) in subsection (b), by striking ``, after consultation with the Commissioner of Social Security,''. (4) Section 426 of such Act (30 U.S.C. 936) is amended-- (A) in subsection (a), by striking ``, the Commissioner of Social Security,''; and (B) in subsection (b), by amending the first sentence to read as follows: ``At the end of fiscal year 2003 and each succeeding fiscal year, the Secretary of Labor shall submit to the Congress an annual report on the subject matter of parts B and C of this title.''. (5) Public Law 94-504 (30 U.S.C. 932a) is amended by striking ``under part C'' and inserting ``under part B or part C''. (c) Repeal of Obsolete Provisions.--The following provisions of law are repealed: (1) Section 435 of the Black Lung Benefits Act (30 U.S.C. 945). (2) Sections 11 and 19 of the Black Lung Benefits Reform Act of 1977 (30 U.S.C. 924a, 904). SEC. 3. TRANSITIONAL PROVISIONS. (a) Applicability.--This section shall apply to the transfer of all functions relating to the administration of part B of subchapter IV (30 U.S.C. 901 et seq.) from the Commissioner of Social Security (hereinafter in this section referred to as the ``Commissioner'') to the Secretary of Labor, as provided by this Act. (b) Transfer of Assets, Liabilities, etc.-- (1) The Commissioner shall transfer to the Secretary of Labor all property and records that the Director of the Office of Management and Budget determines relate to the functions transferred to the Secretary of Labor by this Act or amendments made by this Act. (2) Section 1531 of title 31, United States Code, shall apply in carrying out this Act and amendments made by this Act, except that, for purposes of carrying out this Act and amendments made by this Act, the functions of the President under section 1531(b) shall be performed by the Director of the Office of Management and Budget unless otherwise directed by the President. (c) Continuation of Orders, Determinations, etc.-- (1) This Act shall not affect the validity of any order, determination, rule, regulation, operating procedure (to the extent applicable to the Secretary of Labor), or contract that-- (A) relates to a function transferred by this Act; and (B) is in effect on the date this Act takes effect. (2) Any order, determination, rule, regulation, operating procedure, or contract described in paragraph (1) shall-- (A) apply on and after the effective date of this Act to the Secretary of Labor; and (B) continue in effect, according to its terms, until it is modified, superseded, terminated, or otherwise deprived of legal effect by the Secretary of Labor, a court of competent jurisdiction, or operation of law. (d) Continuation of Administrative Proceedings.-- (1) Any proceeding before the Commissioner involving the functions transferred by this Act that is pending on the date this Act takes effect shall continue before the Secretary of Labor, except as provided in paragraph (2). (2) Any proceeding pending before an Administrative Law Judge or the Appeals Council pursuant to part B and the applicable regulations of the Secretary of Health and Human Services shall continue before the Commissioner consistent with the following provisions: (A) Any proceeding described in this paragraph shall continue as if this Act had not been enacted, and shall include all rights to hearing, administrative review, and judicial review available under part B and the applicable regulations of the Secretary of Health and Human Services. (B) Any decision, order, or other determination issued in any proceeding described in this subsection shall apply to the Secretary of Labor and continue in effect, according to its terms, until it is modified, superseded, terminated, or otherwise deprived of legal effect by the Secretary of Labor, a court of competent jurisdiction, or operation of law. (C) Nothing in this paragraph shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. (3) Any proceeding before the Secretary of Labor involving the functions transferred by this Act shall be subject to the statutory requirements for notice, hearing, action upon the record, administrative review, and judicial review that apply to similar proceedings before the Commissioner conducted prior to the enactment of this Act. (e) Continuation of Actions and Causes of Action.-- (1) Except as provided in paragraphs (2) and (3), this Act shall not abrogate, terminate, or otherwise affect any action or cause of action, that-- (A) relates to a function transferred by this Act; and (B) is pending or otherwise in existence on the date this Act takes effect. (2) Any action pending before the Commissioner or any court on the date this Act takes effect that involves a function transferred by this Act shall continue before the Commissioner or court consistent with the following provisions: (A) Any proceeding described in this paragraph shall continue as if this Act had not been enacted. (B) Any decision, order, or other determination issued in any proceeding subject to this paragraph shall apply to the Secretary of Labor and continue in effect, according to its terms, until it is modified, superseded, terminated, or otherwise deprived of legal effect by the Secretary of Labor, a court of competent jurisdiction, or operation of law. (3) Any cause of action by or against the Commissioner that exists on the date this Act takes effect and involves any function transferred by this Act may be asserted by or against the Secretary of Labor or the United States. (f) Continuation of Actions Against Officers.--No suit, action, or other proceeding commenced by or against any officer in his official capacity as an officer of the Social Security Administration, and relating to a function transferred by this Act, shall abate by reason of the enactment of this Act. No cause of action by or against the Social Security Administration, or by or against any officer thereof in his official capacity, relating to a function transferred by this Act, shall abate by reason of enactment of this Act. (g) Preservation of Penalties, etc.--The transfer of functions under this Act shall not release or extinguish any penalty, forfeiture, liability, prosecution, investigation, or right to initiate a future investigation or prosecution involving any function transferred by this Act. SEC. 4. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect 90 days after the date of enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Black Lung Consolidation of Administrative Responsibility Act - Amends the Black Lung Benefits Act to transfer part B black lung benefit responsibilities from the Commissioner of Social Security to the Secretary of Labor (thus consolidating all black lung benefit responsibility under the Secretary). (Current law makes the Commissioner responsible for part B benefits based on claims filed on or before December 31, 1973, and makes the Secretary responsible for part C benefits based on claims filed after such date.)

{"src": "billsum_train", "title": "To consolidate all black lung benefit responsibility under a single official, and for other purposes."}

SECTION 1. CREDIT FOR PURCHASE OF PRINCIPAL RESIDENCE BY FIRST-TIME HOMEBUYER. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 22 the following new section: ``SEC. 23. PURCHASE OF PRINCIPAL RESIDENCE BY FIRST-TIME HOMEBUYER. ``(a) Allowance of Credit.--In the case of a first-time homebuyer, there shall be allowed as a credit against the tax imposed by this chapter an amount equal to 10 percent of the purchase price of the first principal residence purchased by the taxpayer during the eligibility period. Except as otherwise provided in this section, such credit shall be allowed for the taxable year in which such residence is purchased. ``(b) Limitation.--The credit allowed by subsection (a) to the taxpayer shall not exceed $2,500. ``(c) First-Time Homebuyer.--For purposes of this section-- ``(1) In general.--The term `first-time homebuyer' means any individual unless such individual or such individual's spouse had a present ownership interest in any principal residence at any time during the 3-year period ending on the date of the purchase of the residence referred to in subsection (a). ``(2) Unmarried joint owners.--An individual shall not be treated as a first-time homebuyer with respect to any residence unless all the individuals purchasing such residence with such individual are first-time homebuyers. ``(3) Allocation of limits.--All individuals purchasing a residence shall be treated as 1 individual for purposes of determining the maximum credit under subsection (a), and such maximum credit shall be allocated among such individuals under regulations prescribed by the Secretary. ``(4) Certain individuals ineligible.--The term `first-time homebuyer' shall not include any individual if, on the date of the purchase of the residence, the period of time specified in section 1034(a) is suspended under subsection (a)(6), (h), or (k) of section 1034 with respect to such individual. ``(5) Special rule for certain contracts of deed.--In the case of an individual described in section 143(i)(1)(C) for any year, an ownership interest shall not include a contract of deed described in such section. ``(d) Other Definitions.--For purposes of this section-- ``(1) Eligibility period.-- ``(A) In general.--The term `eligibility period' means the 1-year period beginning on the date of the enactment of this section. ``(B) Binding contracts.--A residence shall be treated as purchased during the eligibility period if-- ``(i) during the eligibility period, the purchaser enters into a binding contract to purchase the residence, and ``(ii) the purchaser purchases and occupies the residence on or before the date 3 months after the last day of the eligibility period. For purposes of clause (i), a contract shall not fail to be treated as binding merely because it is contingent on financing or on the condition of the residence. ``(2) Purchase.--The term `purchase' means any acquisition of property, but only if-- ``(A) the property is not acquired from a person whose relationship to the person acquiring it would result in the disallowance of losses under section 267 or 707(b), and ``(B) the basis of the property in the hands of the person acquiring it is not determined-- ``(i) in whole or in part by reference to the adjusted basis of such property in the hands of the person from whom acquired, or ``(ii) under section 1014(a) (relating to property acquired from a decedent). ``(3) Principal residence.--The term `principal residence' has the same meaning as when used in section 1034. ``(4) Purchase price.--The term `purchase price' means the adjusted basis of the residence on the date of its acquisition. ``(e) Carryover of Unused Credit.-- ``(1) In general.--If-- ``(A) the credit allowable under subsection (a) exceeds ``(B) the limitation imposed by section 26(a) reduced by the sum of the credits allowable under sections 21 and 22, such excess shall be carried to the succeeding taxable year and shall be allowable under subsection (a) for such succeeding taxable year. ``(2) 5-year limit on carryforward.--No amount may be carried under paragraph (1) to any taxable year after the 5th taxable year after the taxable year in which the residence is purchased. ``(f) Recapture of Credit for Certain Dispositions.-- ``(1) In general.--Except as provided in paragraphs (2) and (3), if the taxpayer disposes of property with respect to the purchase of which a credit was allowed under subsection (a) and such disposition occurs at any time within 36 months after the date the taxpayer acquired the property as his principal residence, then the tax imposed under this chapter for the taxable year in which the disposition occurs is increased by an amount equal to the amount allowed as a credit for the purchase of such property. ``(2) Acquisition of new residence.--If, in connection with a disposition described in paragraph (1) and within the applicable period prescribed in section 1034, the taxpayer purchases a new principal residence, then paragraph (1) shall not apply and the tax imposed by this chapter for the taxable year in which the new principal residence is purchased is increased to the extent the amount of the credit that could be claimed under this section on the purchase of the new residence (were such residence the first residence purchased during the eligibility period) is less than the amount of credit claimed by the taxpayer under this section. ``(3) Death of owner; casualty loss; involuntary conversion; etc.--Paragraph (1) shall not apply to-- ``(A) a disposition of a residence made on account of the death of any individual having a legal or equitable interest therein occurring during the 36- month period referred to in paragraph (1), ``(B) a disposition of the old residence if it is substantially or completely destroyed by a casualty described in section 165(c)(3) or compulsorily or involuntarily converted (within the meaning of section 1033(a)), or ``(C) a disposition pursuant to a settlement in a divorce or legal separation proceeding where the residence is sold or the other spouse retains the residence as a principal residence.'' (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 22 the following new item: ``Sec. 23. Purchase of principal residence by first-time homebuyer.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.

Amends the Internal Revenue Code to allow a first-time homebuyer who purchases a principal residence a tax credit of ten percent of the purchase price of such residence. Requires such residence to be purchased during the one-year period after the date of enactment of this Act. Limits the credit to $2,500.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a credit for the purchase of principal residence by a first-time homebuyer."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community-Supported Agriculture Promotion Act''. SEC. 2. COMMUNITY-SUPPORTED AGRICULTURE PROMOTION PROGRAM. Subtitle A of title X of the Food, Conservation, and Energy Act of 2008 (122 Stat. 2097; Public Law 110-246) is amended by adding at the end the following: ``SEC. 10110. COMMUNITY-SUPPORTED AGRICULTURE PROMOTION PROGRAM. ``(a) Definitions.--In this section: ``(1) CSA.--The term `CSA' means a farm operated in a manner consistent with community-supported agriculture, as defined by the Secretary. ``(2) Nonprofit organization.--The term `nonprofit organization' means an organization, group, institute, or institution that qualifies as an organization described in section 501(c) of the Internal Revenue Code of 1986, and is exempt from taxation under section 501(a) of that Code. ``(3) Program.--The term `Program' means the Community- Supported Agriculture Promotion Program established under subsection (b). ``(4) Underserved community.--The term `underserved community' means a community (including an urban or rural community or an Indian tribe) that, as determined by the Secretary, has-- ``(A) limited access to affordable, healthy foods, including fresh fruits and vegetables; ``(B) a high incidence of a diet-related disease (including obesity) as compared to the national average; ``(C) a high rate of hunger or food insecurity; or ``(D) severe or persistent poverty. ``(b) Establishment.--The Secretary shall carry out a program, to be known as the `Community-Supported Agriculture Promotion Program', to promote community-supported agriculture. ``(c) Program Purposes.--The purposes of the Program are-- ``(1) to assist in the improvement or expansion of existing CSAs; ``(2) to assist in the development of new CSAs; ``(3) to enhance the economic viability of agricultural producers; ``(4) to enhance the relationship between consumers and agricultural producers; ``(5) to encourage outreach and education activities that develop consumer interest in CSA participation; ``(6) to assist in the development, improvement, or expansion of innovative delivery and distribution programs that stimulate consumer interest in CSA participation; and ``(7) to assist in the development, improvement, and expansion of multifarm CSAs that-- ``(A) allow agricultural producers to concentrate on the production of a few crops or the development of value-added products; and ``(B) stimulate consumer interest in CSA participation by offering an increased variety of products. ``(d) Eligible Entities.--An entity shall be eligible to receive a grant under the Program if the entity is-- ``(1) a nonprofit organization; ``(2) an extension service program operated through an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); ``(3) an agricultural producer; ``(4) a State or local government; ``(5) a public benefit corporation; or ``(6) such other entity as the Secretary may designate. ``(e) Criteria and Guidelines.-- ``(1) In general.--The Secretary shall establish criteria to evaluate and rank proposed projects under the Program. ``(2) Preference.--In developing the criteria, the Secretary shall emphasize support for-- ``(A) public entities and nonprofit organizations that propose in an application to provide substantial financial and technical assistance directly to CSAs from individual- or family-operated farms; ``(B) CSAs from individual- or family-operated farms; ``(C) the expansion of CSAs into underserved communities; ``(D) CSAs operated by or employing veterans (as defined in section 101 of title 38, United States Code); and ``(E) the development, improvement, or expansion of innovative delivery and distribution programs that stimulate consumer interest in CSA participation. ``(f) Funding.-- ``(1) In general.--Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section-- ``(A) $10,000,000 for fiscal year 2012; ``(B) $12,000,000 for each of fiscal years 2013 through 2015; and ``(C) $15,000,000 for each fiscal years 2016 through 2018. ``(2) Interdepartmental coordination.--In carrying out this subsection, the Secretary shall ensure, to the maximum extent practicable, coordination between the applicable agencies.''. SEC. 3. BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Community-Supported Agriculture Promotion Act - Amends the Food, Conservation, and Energy Act of 2008 to direct the Secretary of Agriculture (USDA) to carry out a Community-Supported Agriculture Promotion program to promote community-supported agriculture. Provides Commodity Credit Corporation (CCC) funding for the program through FY2018.

{"src": "billsum_train", "title": "A bill to amend the Food, Conservation, and Energy Act of 2008 to establish a community-supported agriculture promotion program."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``TPS Act''. SEC. 2. TERMINATION OF GRANTS OF TEMPORARY PROTECTED STATUS. Section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a) is amended by adding at the end the following: ``(j) Termination.-- ``(1) In general.--Beginning on the date of the enactment of this subsection, no alien shall be eligible for a new grant of temporary protected status under this section, except for an alien with an application under subsection (a) pending on such date pursuant to a designation of a foreign state made under subsection (b) before such date. ``(2) Extension of period.--Notwithstanding any other provision of this section, in the case of an alien having temporary protected status on the date of the enactment of this subsection, or obtaining a grant of temporary protected status pursuant to an application described in paragraph (1), the period in which the alien is granted temporary protected status under this section is deemed to be the 3-year period beginning on the date of the enactment of this subsection, and the documentation described in subsection (d) shall be valid during such period. The provisions of subsections (c) through (h) shall continue to apply during such period.''. SEC. 3. PERMANENT RESIDENT STATUS FOR FORMER TPS HOLDERS. (a) In General.--The Secretary of Homeland Security shall adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien-- (1) had temporary protected status on the day before the end of the 3-year period beginning on the date of the enactment of this Act; (2) makes application for such adjustment during period beginning 6 months before the end of the 3-year period beginning on the date of the enactment of this Act; (3) is admissible as an immigrant under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) at the time of examination for adjustment of such alien, except that in the determination of the alien's admissibility for purposes of this section, the Secretary shall apply the terms of section 244(c)(2)(A) of such Act (8 U.S.C. 1254a(c)(2)(A)); and (4) otherwise satisfies the requirements of this section. (b) Procedures.--The Secretary shall by rule establish a procedure allowing eligible individuals to apply for the relief available under this section without requiring placement in removal proceedings and without requiring the immediate availability of an immigrant visa pursuant to the provisions of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). Such procedure shall provide for the ability of a minor to apply for such relief, including through a legal guardian or counsel. Except as provided in subsection (g), aliens provided status under this section shall not be subject to, or counted against, any numerical limitation under sections 201 through 203 of the Immigration and Nationality Act (8 U.S.C. 1151-1153). (c) Application Fee.--The Secretary may require an alien applying for permanent resident status under this section to pay a reasonable fee that is commensurate with the cost of processing the application. (d) Submission of Biometric and Biographic Data.--The Secretary may not grant an alien permanent resident status under this section unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for aliens who are unable to provide such biometric or biographic data because of a physical impairment. (e) Background Checks.-- (1) Requirement for background checks.--The Secretary shall utilize biometric, biographic, and other data that the Secretary determines appropriate-- (A) to conduct security and law enforcement background checks of an alien seeking permanent resident status under this section; and (B) to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for such status. (2) Completion of background checks.--The security and law enforcement background checks of an alien required under paragraph (1) shall be completed, to the satisfaction of the Secretary, before the date on which the Secretary grants such alien permanent resident status under this section. (f) Treatment of Aliens Pending Grant of Permanent Residence.-- (1) Limitation on removal.--The Secretary or the Attorney General may not remove an alien who has pending an application for relief under this section and appears prima facie eligible for such relief. (2) Provisional protected status.-- (A) In general.--In the case of an alien described in paragraph (1), the Secretary shall grant provisional protected presence to the alien and shall provide the alien with employment authorization effective until the date on which-- (i) the alien's application for relief under this section is finally denied; or (ii) the Secretary adjusts the status of the alien to that of an alien lawfully admitted for permanent residence. (B) Status during period of provisional protected presence.--An alien granted provisional protected presence is not considered to be unlawfully present in the United States during the period beginning on the date such status is granted and ending on a date described in subparagraph (A), except that the Secretary may rescind an alien's provisional protected presence and employment authorization under this paragraph if the Secretary determines that the alien-- (i) poses a threat to national security or a threat to public safety; or (ii) has traveled outside of the United States without authorization from the Secretary. (g) Temporary Reduction in Immigrant Visas.-- (1) In general.--Beginning in fiscal year 2022, subject to paragraph (2), the total number of immigrant visas available for a fiscal year under subsections (c) through (e) of section 201 of the Immigration and Nationality Act (8 U.S.C. 1151), as modified by subsections (d) and (e) of section 203 of the Nicaraguan Adjustment and Central American Relief Act (8 U.S.C. 1151 note; 8 U.S.C. 1153 note), shall be reduced by 50,000 from the number of visas otherwise available under such subsections for such fiscal year. In carrying out the preceding sentence, each category of family-sponsored, employment-based, and diversity immigrant visas described in section 203 of such Act (8 U.S.C. 1153) shall be reduced in the same proportion as the number of visas otherwise allocable to the category bears to the total number of immigrant visas that otherwise would be available for the fiscal year absent the enactment of this subsection. (2) Limitation.--In no case shall the reduction under paragraph (1) for a fiscal year exceed the amount by which-- (A) the total number of individuals who have adjusted their status to that of aliens lawfully admitted for permanent residence under subsection (a) as of the end of the previous fiscal year; exceeds (B) the total of the reductions in available visas under this subsection for all previous fiscal years. (h) Definition.--In this section, the term ``Secretary'' means the Secretary of Homeland Security.

TPS Act This bill amends the Immigration and Nationality Act to terminate new grants of temporary protected status (TPS) to aliens except for individuals with a pending TPS application. (TPS designations permit eligible nationals of designated counties affected by armed conflict or natural disasters to temporarily reside and work in the United States.) The bill provides for: (1) a three-year TPS extension for individuals with TPS status or with a pending TPS application that is subsequently granted, and (2) subsequent adjustment to lawful permanent residence (LPR) status. The Department of Homeland Security (DHS) shall allow eligible individuals, including minors, to apply for LPR relief without requiring placement in removal proceedings and without requiring the immediate availability of an immigrant visa. An alien who has a pending LPR application and appears prima facie eligible for such relief may not be removed. DHS shall provide such alien with provisional protected presence and work authorization effective until the alien's LPR application is denied or approved. DHS may rescind an alien's provisional protected presence and employment authorization if DHS determines that the alien: (1) poses a national security or public safety threat; or (2) has traveled outside of the United States without DHS authorization. Beginning in FY2022, the fiscal year number of family-sponsored, employment-based, and diversity immigrant visas shall be reduced by 50,000, subject to a specified limitation.

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

SECTION 1. DEFINITIONS. In this Act: (1) Historically black college or university.--The term ``historically black college or university'' means a part B institution (as defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061)). (2) Historic building or structure.--The term ``historic building or structure'' means a building or structure listed on the National Register of Historic Places or designated as a national historic landmark. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. TITLE I--HISTORICALLY BLACK COLLEGES AND UNIVERSITIES HISTORIC BUILDING RESTORATION AND PRESERVATION SEC. 101. SHORT TITLE. This title may be cited as the ``Historically Black Colleges and Universities Historic Building Restoration and Preservation Act''. SEC. 102. FINDINGS. Congress finds that-- (1) the Nation's historically black colleges and universities have contributed significantly to the effort to attain equal opportunity through postsecondary education for African-American, low-income, and educationally disadvantaged Americans; (2) over our Nation's history, States and the Federal Government have discriminated in the allocation of land and financial resources to support historically black colleges and universities, forcing historically black colleges and universities to rely on the generous support of private individuals and charitable organizations; (3) the development of sources of private and charitable financial support for historically black colleges and universities has resulted in buildings and structures of historic importance and architecturally unique design on the campuses of those historically black colleges and universities; and (4) many of the buildings and structures are national treasures worthy of preservation and restoration for future generations of Americans and for the students and faculty of historically black colleges and universities. SEC. 103. PRESERVATION AND RESTORATION GRANTS FOR HISTORIC BUILDINGS AND STRUCTURES AT HISTORICALLY BLACK COLLEGES AND UNIVERSITIES. (a) Authority To Make Grants.-- (1) In general.--The Secretary shall make grants in accordance with this section to historically black colleges and universities for the preservation and restoration of historic buildings and structures on the campuses of the historically black colleges and universities. (2) Source of funding.--Subject to the availability of appropriations, grants under paragraph (1) shall be made out of amounts authorized to be appropriated to carry out the National Historic Preservation Act (16 U.S.C. 470 et seq.) for fiscal years 1996 through 1999. (b) Grant Conditions.--Grants made under subsection (a) shall be subject to the condition that the grantee covenant, for the period of time specified by the Secretary, that-- (1) no alteration will be made in the property with respect to which the grant is made without the concurrence of the Secretary; and (2) reasonable public access to the property with respect to which the grant is made will be permitted by the grantee for interpretive and educational purposes. (c) Matching Requirement for Buildings and Structures Listed on the National Register of Historic Places.-- (1) In general.--Except as provided by paragraph (2), the Secretary may obligate funds made available under this section for a grant with respect to a building or structure listed on the National Register of Historic Places only if the grantee agrees to match, from funds derived from non-Federal sources, the amount of the grant with an amount that is equal or greater than the grant. (2) Waiver.--The Secretary may waive paragraph (1) with respect to a grant if the Secretary determines from circumstances that an extreme emergency exists or that a waiver is in the public interest to ensure the preservation of historically significant resources. (d) Funding Provisions.-- (1) Amounts to be made available.--Not more than $20,000,000 for fiscal year 1995 and not more than $15,000,000 for each of the fiscal years 1996, 1997, and 1998 may be made available under this section. (2) Allocations for fiscal year 1995.-- (A) In general.--Of the amounts made available under this section for fiscal year 1995-- (i) $5,000,000 shall be available only for grants under subsection (a) to Fisk University; and (ii) $10,000,000 shall be available only for grants under subsection (a) to the historically black colleges and universities identified for inclusion in the Department of the Interior Historically Black College and University Historic Preservation Initiative. (B) Less than $20,000,000 available.--If less than $20,000,000 is made available for fiscal year 1995 for the purpose of subparagraph (A), the amount that is made available shall be allocated as follows: (i) 25 percent shall be made available as provided in subparagraph (A)(i). (ii) 50 percent shall be made available as provided in subparagraph (A)(ii). (iii) 25 percent shall be made available for grants under subsection (a) to other eligible historically black colleges and universities. (e) Regulations.--The Secretary shall issue such regulations as are necessary to carry out this title. TITLE II--COOPER HALL AND SCIENCE HALL PRESERVATION AND RESTORATION SEC. 201. AUTHORITY TO MAKE GRANTS. (a) In General.--The Secretary shall make grants in accordance with this title to preserve and restore-- (1) Cooper Hall, Sterling College, Sterling, Kansas; and (2) Science Hall, Simpson College, Indianola, Iowa. (b) Source of Funding.--Subject to the availability of appropriations, grants under subsection (a) shall be made out of amounts authorized to be appropriated to carry out the National Historic Preservation Act (16 U.S.C. 470 et seq.). SEC. 202. MATCHING REQUIREMENT. The Secretary may obligate funds made available under this title only if the grantee agrees to match, from funds derived from non- Federal sources, the amount of the grant with an amount that is equal or greater than the grant. SEC. 203. FUNDING PROVISIONS. Not more than $3,600,000 may be made available for grants for Cooper Hall and not more than $1,500,000 may be made available for grants for Science Hall under this title.

TABLE OF CONTENTS: Title I: Historically Black Colleges and Universities Historic Building Restoration and Preservation Title II: Cooper Hall and Science Hall Preservation and Restoration Title I: Historically Black Colleges and Universities Historic Building Restoration and Preservation - Historically Black Colleges and Universities Historic Building Restoration and Preservation Act - Directs the Secretary of the Interior to make grants, from amounts authorized to be appropriated to carry out the National Historic Preservation Act for FY 1996 through 1999, to historically black colleges and universities for the preservation and restoration of historic buildings and structures on their campuses. Requires a grantee to covenant, for the period of time specified by the Secretary, that: (1) no alteration will be made in the property with respect to which the grant is made without the concurrence of the Secretary; and (2) reasonable public access will be permitted to such property for interpretive and educational purposes. Authorizes the Secretary to: (1) obligate funds for a grant with respect to a building or structure listed on the National Register of Historic Places only if the grantee agrees to match the amount of such grant with funds derived from non-Federal sources; and (2) waive this matching requirement if an extreme emergency exists or that such a waiver is in the public interest to ensure the preservation of historically significant resources. Limits amounts made available for this Act for FY 1995 through 1998. Earmarks funds for FY 1995 for grants to: (1) Fisk University; and (2) historically black colleges and universities identified for inclusion in the Department of the Interior Historically Black College and University Historic Preservation Initiative. Title II: Cooper Hall and Science Hall Preservation and Restoration - Directs the Secretary to make grants to preserve and restore Cooper Hall at Sterling College located in Sterling, Kansas, and Science Hall at Simpson College located in Indianola, Iowa, from amounts authorized to be appropriated to carry out the National Historic Preservation Act. Authorizes the Secretary to obligate such funds only if the grantee agrees to match the amount of such grant with funds derived from non-Federal sources. Limits amounts to be made available for such grants.

{"src": "billsum_train", "title": "Historically Black Colleges and Universities Historic Building Restoration and Preservation Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Right Start Child Care and Education Act of 2009''. SEC. 2. INCREASE IN EMPLOYER-PROVIDED CHILD CARE CREDIT. (a) Increase in Creditable Percentage of Child Care Expenditures.-- Paragraph (1) of section 45F(a) of the Internal Revenue Code of 1986 is amended by striking ``25 percent'' and inserting ``35 percent''. (b) Increase in Creditable Percentage of Resource and Referral Expenditures.--Paragraph (2) of section 45F(a) of such Code is amended by striking ``10 percent'' and inserting ``20 percent''. (c) Increase in Maximum Credit.--Subsection (b) of section 45F of such Code is amended by striking ``$150,000'' and inserting ``$225,000''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008. SEC. 3. INCREASE IN DEPENDENT CARE CREDIT. (a) Increase in Incomes Eligible for Full Credit.--Paragraph (2) of section 21(a) of the Internal Revenue Code of 1986 is amended by striking ``$30,000'' and inserting ``$20,000''. (b) Increase in Percentage of Expenses Allowable.--Paragraph (2) of section 21(a) of such Code is amended-- (1) by striking ``35 percent'' and inserting ``50 percent'', and (2) by striking ``20 percent'' and inserting ``35 percent''. (c) Increase in Dollar Limit on Amount Creditable.--Subsection (c) of section 21 of such Code is amended-- (1) by striking ``$3,000'' in paragraph (1) and inserting ``$6,000'', and (2) by striking ``$6,000'' in paragraph (2) and inserting ``$12,000''. (d) Credit To Be Refundable.-- (1) In general.--Section 21 of such Code is hereby moved to subpart C of part IV of subchapter A of chapter 1 of such Code (relating to refundable credits) and inserted after section 36. (2) Technical amendments.-- (A) Section 21 of such Code, as so moved, is redesignated as section 36A. (B) Paragraph (1) of section 36A(a) of such Code (as redesignated by paragraph (2)) is amended by striking ``this chapter'' and inserting ``this subtitle''. (C) Paragraph (1) of section 23(f) of such Code is amended by striking ``21(e)'' and inserting ``36A(e)''. (D) Paragraph (6) of section 35(g) of such Code is amended by striking ``21(e)'' and inserting ``36A(e)''. (E) Subparagraph (C) of section 129(a)(2) of such Code is amended by striking ``section 21(e)'' and inserting ``section 36A(e)''. (F) Paragraph (2) of section 129(b) of such Code is amended by striking ``section 21(d)(2)'' and inserting ``section 36A(d)(2)''. (G) Paragraph (1) of section 129(e) of such Code is amended by striking ``section 21(b)(2)'' and inserting ``section 36A(b)(2)''. (H) Subsection (e) of section 213 of such Code is amended by striking ``section 21'' and inserting ``section 36A''. (I) Subparagraph (H) of section 6213(g)(2) of such Code is amended by striking ``section 21'' and inserting ``section 36A''. (J) Subparagraph (L) of section 6213(g)(2) of such Code is amended by striking ``section 21,'' and inserting ``section 36A,''. (K) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``36A,'' after ``36,''. (L) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36 and inserting the following: ``Sec. 36A. Expenses for household and dependent care services necessary for gainful employment.'' (M) The table of sections for subpart A of such part IV is amended by striking the item relating to section 21. (e) Certain Prior Amendments to Credit Made Permanent.--Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to the amendments made by section 204 of such Act. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008. SEC. 4. 3-YEAR CREDIT FOR INDIVIDUALS HOLDING CHILD CARE-RELATED DEGREES WHO WORK IN LICENSED CHILD CARE FACILITIES. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25D the following new section: ``SEC. 25E. RIGHT START CHILD CARE AND EDUCATION CREDIT. ``(a) Allowance of Credit.--In the case of an individual who is an eligible child care provider for the taxable year, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year the amount of $2,000. ``(b) 3-Year Credit.-- ``(1) In general.--The credit allowable by subsection (a) for any taxable year to an individual shall be allowed for such year only if the individual elects the application of this section for such year. ``(2) Election.--An election to have this section apply may not be made by an individual for any taxable year if such an election by such individual is in effect for any 3 prior taxable years. ``(c) Eligible Child Care Provider.--For purposes of this section-- ``(1) In general.--The term `eligible child care provider' means, for any taxable year, any individual if-- ``(A) as of the close of such taxable year, such individual holds a bachelor's degree in early childhood education, child care, or a related degree and such degree was awarded by an eligible educational institution (as defined in section 25A(f)(2)), and ``(B) during such taxable year, such individual performs at least 1,200 hours of child care services at a facility if-- ``(i) the principal use of the facility is to provide child care services, ``(ii) no more than 25 percent of the children receiving child care services at the facility are children (as defined in section 152(f)) of the individual or such individual's spouse, and ``(iii) the facility meets the requirements of all applicable laws and regulations of the State or local government in which it is located, including the licensing of the facility as a child care facility. Subparagraph (B)(i) shall not apply to a facility which is the principal residence (within the meaning of section 121) of the operator of the facility. ``(2) Child care services.--The term `child care services' means child care and early childhood education.''. (b) Clerical Amendment.--The table of sections for such subpart A is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Right Start Child Care and Education Credit.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008. SEC. 5. INCREASE IN EXCLUSION FOR EMPLOYER-PROVIDED DEPENDENT CARE ASSISTANCE. (a) In General.--Subparagraph (A) of section 129(a)(2) of the Internal Revenue Code of 1986 (relating to dependent care assistance programs) is amended by striking ``$5,000 ($2,500'' and inserting ``$7,500 ($3,750''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2008.

Right Start Child Care and Education Act of 2009 - Amends the Internal Revenue Code to: (1) increase the rates and maximum allowable amount of the tax credit for employer-provided child care facilities; (2) increase the eligibility threshold amount and rate of the household and dependent care tax credit and make such credit refundable; (3) allow a new $2,000 tax credit for child care providers who hold a bachelor's degree in early childhood education, child care, or a related degree and who provide at least 1,200 hours of child care services in a taxable year; and (4) increase the tax exclusion for employer-provided dependent care assistance.

{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to increase the credit for employers establishing workplace child care facilities, to increase the child care credit to encourage greater use of quality child care services, to provide incentives for students to earn child care-related degrees and to work in child care facilities, and to increase the exclusion for employer-provided dependent care assistance."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Quadrennial Foreign Affairs Review Act''. SEC. 2. QUADRENNIAL FOREIGN AFFAIRS REVIEW. (a) Findings.--Congress finds the following: (1) The Department of State, established in 1789, is responsible for representing the worldwide interests of the United States and for advancing the policies of the United States. (2) The Department operates over 250 posts in more than 180 countries throughout the world and has approximately 30,000 personnel. (3) There have been dramatic changes in the world in which the Department must function, including changes in technology, changes in religious, ethnic, and regional conflicts, and changes in economic, political, and military relationships. Moreover, the world has witnessed the spread of weapons of mass destruction and the spread of terrorism. Yet, there has been little change in the diplomatic strategy and structure of the Department or of its posts throughout the world. (4) The Department and all United States diplomatic efforts should be the subject of a quadrennial review to determine how the Department can best fulfill its mission and meet the challenges of a changing world. (b) Quadrennial Review.--Not later than September 30 of 2010 and every four years thereafter, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and to the Committee on Foreign Relations of the Senate a comprehensive examination of the diplomatic strategy and structure, foreign assistance programs, budget plans, personnel decisions, and public diplomacy plans of the Department of State and its related agencies to determine the foreign affairs strategy of the United States to best meet the challenges of a changing world, together with the response report required under subsection (c)(2). Such comprehensive examination shall be referred to as a ``quadrennial review''. (c) Involvement of National Foreign Affairs Panel.-- (1) Submission of review to panel.--Not later than July 30 of the year in which a quadrennial review is conducted, the Secretary of State shall submit to a National Foreign Affairs Panel (in this Act referred to as the ``Panel''), established in accordance with section 3, a copy of such quadrennial review. (2) Response report.--Not later than August 30 of the year in which a quadrennial review is submitted to a Panel under paragraph (1), such Panel shall submit to the Secretary a report responding to the findings, conclusions, and recommendations of such quadrennial review. (d) Contents of Quadrennial Review.--The quadrennial review shall include the following information: (1) A review of the current structures of the Department of State and its related agencies, including the organization, staffing, and operation of United States embassies and consulates abroad, to determine how best to efficiently and effectively represent the interests of the United States throughout the world and advance the policies of the United States. (2) A review of the level of cooperation and degree of integration of the Department of State with other Federal departments and agencies, including the Department of Defense, the Department of Homeland Security, the Department of the Treasury, the Department of Commerce, the Office of the United States Trade Representative, the Agency for International Development, the Drug Enforcement Agency, and the elements of the intelligence community. (3) Recommendations related to how best to meet the anticipated roles and missions of such departments and agencies in the future. (4) A review of the efforts of the Department of State with respect to public diplomacy and any recommendations for changes or modifications in public diplomacy initiatives or programs in order to improve performance. (5) An examination of the assumptions used in the quadrennial review by the Secretary, including assumptions relating to cooperation between the Department and other Federal departments and agencies, communication with allies, levels of risk, real-time situational awareness, and immediate communication within the Department. (6) An examination of the forward presence and pre- positioning necessary for the Department to engage in negotiation and conflict deterrence in response to anticipated threats and conflicts. (7) An examination of the process of how the Department develops scenarios that may require a Department response, and recommendations for improving this process to incorporate nontraditional threat planning scenarios and input from other Federal departments and agencies and nongovernmental organizations. SEC. 3. NATIONAL FOREIGN AFFAIRS PANEL. (a) Establishment.--Not later than December 1 of the year immediately preceding the year in which a quadrennial review is conducted, the Secretary of State shall establish a nonpartisan, independent panel to be known as a National Foreign Affairs Panel. (b) Membership.-- (1) In general.--A Panel shall be composed of a chairperson and eight other individuals appointed by the Secretary, in consultation with the chairman and ranking member of the Committee on Foreign Affairs of the House of Representatives and the chairman and ranking member of the Committee on Foreign Relations of the Senate, from among individuals in the private sector who are recognized experts in matters relating to the foreign affairs and diplomacy interests of the United States. (2) Quorum.--Five members of a Panel shall constitute a quorum. (c) Duties.--A Panel shall submit to the Secretary the response report required under section 2(c)(2). (d) Information From Federal Agencies.--A Panel may secure from the Department of State and its related agencies and from any other Federal department or agency such information as such Panel considers necessary to carry out its duties under this Act. The head of the department or agency concerned shall ensure that information requested by such Panel under this subsection is promptly provided to such Panel. (e) Personnel Matters.-- (1) Compensation of members.--Each member of a Panel shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of such Panel. (2) Travel expenses.--Members of a Panel shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for such Panel. (3) Executive director and staff.--Without regard to the civil service laws and regulations, the chairperson of a Panel may appoint and terminate an Executive Director and a staff of not more than four additional individuals, none of whom may be current employees of the Department of State or members of the Foreign Service, if such Panel determines that an executive director and staff are necessary in order for such Panel to perform its duties effectively. The employment of an Executive Director shall be subject to confirmation by a majority of members of such Panel. (4) Compensation of executive director.--The chairperson may fix the compensation of the Executive Director, if one is appointed pursuant to paragraph (3), without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the Executive Director may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (5) Detail of government employees.--An employee of the Federal Government may be detailed to a Panel without reimbursement, and such detail shall be without interruption or loss of civil or foreign service status or privilege with respect to such employee. The Secretary shall ensure that a sufficient number of employees are detailed to a Panel to enable such Panel to carry out its duties effectively. (6) Travel conditions.--To the maximum extent practicable, the members and employees of a Panel shall travel on Government aircraft, ships, vehicles, or other conveyances when travel is necessary in the performance of the duties of such Panel, except that no such aircraft, ship, vehicle, or other conveyance may be scheduled primarily for the transportation of any such member or employee when the cost of commercial transportation is less expensive. (f) Administrative Provisions.-- (1) Use of the mails.--A Panel may use the United States mails and obtain printing and binding services in the same manner and under the same conditions as other departments and agencies of the Federal Government. (2) Administrative and support services.--The Secretary of State shall furnish a Panel with any administrative and support services requested by such Panel. (3) Gifts and donations.--A Panel may accept, use, and dispose of gifts or donations of services or property. (g) Payment of Panel Expenses.--The compensation, travel expenses, and per diem allowances of members and employees of a Panel shall be paid out of funds made available to the Department of State for the payment of compensation, travel allowances, and per diem allowances, respectively, of civilian employees of the Department. Any other expenses of a Panel shall be paid out of funds made available to the Department for the payment of similar expenses incurred by the Department. (h) Sunset Provision.--A Panel shall terminate 30 days after the submission of the response report required under section 2(c)(2).

Quadrennial Foreign Affairs Review Act - Directs: (1) the Secretary of State to submit every four years to the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations a quadrennial foreign affairs and Department of State review; and (2) the Foreign Affairs Panel to submit to the Secretary a report responding to such review. Directs the Secretary to establish every four years a nonpartisan independent National Foreign Affairs Panel, which shall terminate 30 days after submission of its report.

{"src": "billsum_train", "title": "To require a quadrennial review of the diplomatic strategy and structure of the Department of State and its related agencies to determine how the Department can best fulfill its mission in the 21st century and meet the challenges of a changing world."}

SECTION 1. SHORT TITLE; REFERENCE. (a) Short Title.--This Act may be cited as the ``GEAR UP Enhancement Act of 2007''. (b) References.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). SEC. 2. FINDINGS. Congress makes the following findings: (1) In 1998, Congress created the Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP) following the leadership and innovation of successful programs such as Say Yes to Education, 21st Century Scholars Program, Tell Them We Are Rising, ``I Have a Dream'' Foundation, Project GRAD, and others. GEAR UP, originally conceived of as High Hopes, is now one of the most innovative and successful national college access programs. (2) Though college has become a reality for more families now than ever before, an opportunity gap continues to exist in which low-income students are far less likely to earn a high school diploma, and enroll in and complete college. Whereas 73.9 percent of all students nationally graduate from high school, only 52.1 percent of children from low-income families achieve this educational milestone. While 76 percent of high- income high school graduates enroll in college or trade school, only 49 percent of low-income graduates do so. (3) Since its enactment, GEAR UP has served approximately 2 million students in 48 states, the District of Columbia, American Samoa, Guam, Palau and Puerto Rico. The Department of Education reports that 84.4 percent of the first class of GEAR UP students graduated from high school, while only 52.1 percent of low-income students and 73.9 percent all students nationally achieved this same educational milestone. An ACT study found that students from GEAR UP schools had greater changes in academic performance, were more likely to be on track to be college-ready in English and Reading, more likely to take the core high school curriculum, and more likely to have plans for college at grade 10. SEC. 3. AWARD PERIOD; PRIORITY. Section 404A(b) (20 U.S.C. 1070a-21(b)) is amended by striking paragraph (2) and inserting the following: ``(2) Award period.--The Secretary may award a grant under this chapter to an eligible entity described in paragraphs (1) and (2) of subsection (c) for 7 years. ``(3) Priority.--In making awards to eligible entities described in subsection (c)(1), the Secretary shall-- ``(A) give priority to eligible entities that-- ``(i) on the day before the date of enactment of the GEAR UP Enhancement Act of 2007, carried out successful educational opportunity programs under this chapter (as this chapter was in effect on such day); and ``(ii) have a prior, demonstrated commitment to early intervention leading to college access through collaboration and replication of successful strategies; and ``(B) ensure that students served under this chapter on the day before the date of enactment of the GEAR UP Enhancement Act of 2007 continue to receive assistance through the completion of secondary school.''. SEC. 4. REQUIREMENTS: CONTINUITY OF SERVICES. (a) Cohort Approach.--Section 404B(g)(1) (20 U.S.C. 1070a-22(g)(1)) is amended-- (1) by striking ``and'' at the end of subparagraph (A); (2) in subparagraph (B)-- (A) by inserting ``and provide the option of continued services through the student's first year of attendance at an institution of higher education'' after ``grade level''; and (B) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(C) provide services under this chapter to students who have received services under a previous GEAR UP grant award but have not yet completed the 12th grade.''. (b) Early Intervention.--Section 404D (20 U.S.C. 1070a-24) is amended-- (1) in subsection (a)(1)(B)-- (A) by striking ``and'' at the end of clause (ii); (B) by striking the period at the end of clause (iii) and inserting ``; and''; and (C) by adding at the end the following new clause: ``(iv) the transition to college or post- secondary education through continuity of services to support students in and through the first year of attendance at an institution of higher education.''; (2) in subsection (b)(2)(A), by inserting ``and students in the first year of attendance at an institution of higher education'' after ``grade 12''; and (3) in subsection (c), by inserting ``, and may consider students in their first year of attendance at an institution,'' after ``grade 12''. SEC. 5. FLEXIBILITY IN MEETING MATCHING REQUIREMENTS. Section 404C (20 U.S.C. 1070a-23) is amended-- (1) in subsection (b)-- (A) in paragraph (1)(A), by inserting ``and accrued over the full duration of the grant award period'' after ``in cash or in kind''; (B) in paragraph (2), by adding at the end the following new sentence: ``Eligible entities may request reduced match percentage at the time of application or by petition at any time during the grant award period.''; and (C) by adding at the end the following new paragraph: ``(3) Additional special rule.--To encourage eligible entities described in 404A(c) to provide students under this chapter with financial assistance for post-secondary education, each dollar of non-Federal funds obligated under subsection (c)(1) and (c)(2) shall, for purposes of paragraph (1)(A) of this subsection, be treated as 2 dollars.''; and (2) in subsection (c)-- (A) in paragraph (1), by striking ``paid to students from State, local, institutional, or private funds under this chapter'' and inserting ``obligated to students from state, local, institutional, or private funds under this chapter, including pre-existing , non- federal financial assistance programs''; (B) by striking ``and'' at the end of paragraph (2); (C) by striking the period at the end of paragraph (3); and (D) by adding at the end the following new paragraph: ``(4) other resources recognized by the Secretary, including equipment and supplies, cash contribution from non- Federal sources, transportation expenses, in-kind or discounted program services, indirect costs, and facility usage.''. SEC. 6. EARLY INTERVENTION. Section 404D (20 U.S.C. 1070a-24) is amended-- (1) in subsection (b)(2)(A)(ii), by striking ``and academic counseling'' and inserting ``, academic counseling, and financial literacy and economic literacy education or counseling''; (2) in subsection (b)(2), by adding at the end the following new subparagraphs: ``(F) Fostering and improving parent and family involvement in elementary and secondary education by promoting the advantages of a college education, and emphasizing academic admission requirements and the need to take college preparation courses, through parent engagement and leadership activities. ``(G) Engaging entities described in section 404A(c)(2)(C) in a collaborative manner to provide matching resources and participate in other activities authorized under this section. ``(H) Disseminating information that promotes the importance of higher education, explains college preparation and admission requirements, and raises awareness of the resources and services provided by the eligible entities described in section 404A(c) to eligible students, their families, and communities.''; and (3) by adding at the end of subsection (b) the following new paragraph: ``(3) Additional permissible activities for states.--In meeting the requirements of subsection (a), an eligible entity described in section 404A(c) (1) receiving funds under this chapter may, in addition to the activities authorized by paragraph (2), use funds to providing technical assistance to-- ``(A) middle schools or secondary schools that are located within the State; or ``(B) partnerships described in section 404A(c)(2) that are located within the State.''. SEC. 7. SCHOLARSHIP COMPONENT. Section 404E (20 U.S.C. 1070a-25) is amended-- (1) in subsection (a)(1), by inserting ``scholarships to students to supplement aid for which they are regularly eligible'' after ``shall establish or maintain a financial assistance program that awards''; (2) in subsection (a)(2), by inserting ``scholarships to students to supplement aid for which they are regularly eligible'' after ``An eligible entity described in section 404A(c)(2) may award''; (3) in subsection (b)(2), by striking ``the maximum Federal Pell Grant'' and inserting ``the minimum Federal Pell Grant''. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. Section 404H (20 U.S.C. 1070a-31) is amended by striking ``$200,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years'' and inserting ``$500,000,000 for fiscal year 2008 and such sums as may be necessary for each of the 6 succeeding fiscal years''.

GEAR UP Enhancement Act of 2007 - Amends the Higher Education Act of 1965 to revise the Gaining Early Awareness and Readiness for Undergraduate Program (GEAR UP) created to facilitate the transition of low-income high school students into postsecondary education. Establishes a seven year GEAR UP grant period. Requires grantees to provide services to students through their first year of postsecondary education. Revises GEAR UP matching requirements to allow: (1) matching funds to accrue over the duration of a grant; (2) grantees to request that the match be reduced; and (3) each non-federal dollar obligated for student financial aid to be treated as two dollars toward the match. Expands permissible uses of grant funds to include promoting student financial and economic literacy and facilitating family and community involvement in the program. Permits state grantees to use program funds for technical assistance to middle or secondary schools or partnership grantees located in the state. Provides that GEAR UP scholarships are to supplement aid to which students are already eligible. Alters the formula used in determining the minimum GEAR UP scholarship to factor in the minimum, rather than maximum, Pell Grant. Reauthorizes GEAR UP appropriations through FY2014.

{"src": "billsum_train", "title": "To amend the Higher Education Act of 1965 to improve and enhance the Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP)."}

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Social Security and Medicare Lock-Box Act''. (b) Findings Regarding Social Security and Medicare Part A.--The Congress finds the following: (1)(A) Long-term projections show serious problems facing the fiscal health of the trust funds associated with Social Security and Medicare Hospital Insurance. (B) According to the 2016 Annual Report of the Board of Trustees of the Federal Old-Age and Survivors Insurance and Federal Disability Insurance Trust Funds, the assets of the combined Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund will be exhausted by 2034, and the Disability Insurance Trust Fund alone will be depleted by 2022. (C) According to the 2016 Annual Report of the Board of Trustees of the Federal Hospital Insurance and Federal Supplementary Medical Insurance Trust Funds, the assets of the Federal Hospital Insurance Trust Fund will be exhausted by 2028. (2)(A) The Trustees of these trust funds strongly encourage action to protect the solvency of the trust funds. (B) In their message to the public, included in the 2016 Annual Reports, the Social Security and Medicare Boards of Trustees wrote, ``Social Security's and Medicare's projected long-range costs exceed currently scheduled financing and will require legislative action to avoid subjecting beneficiaries and taxpayers to unanticipated program changes. The sooner that lawmakers take action, the wider will be the range of solutions to consider and the more time that will be available to phase in changes, giving the public adequate time to prepare. Earlier action allows more generations to share the economic cost of maintaining program solvency, and would provide more opportunity to ameliorate adverse impacts on vulnerable populations, including lower-income workers and people already significantly dependent on program benefits.'' (3) Social Security and Medicare are meant to provide a secure and stable base so that older Americans can live in dignity. (4) Protecting the future surpluses of these trust funds can only occur when meaningful reform has been enacted by Congress. Any path to solvency must include the protection of future surpluses. SEC. 2. INTERIM PROTECTIONS FOR SOCIAL SECURITY TRUST FUND SURPLUS. Section 201(d) of the Social Security Act (42 U.S.C. 402(d)) is amended-- (1) by striking ``It shall be the duty'' and inserting ``(1) Except as provided in paragraph (2), it shall be the duty''; (2) by striking ``(1) on original issue at the issue price, or (2)'' and inserting ``(A) on original issue at the issue price, or (B)''; and (3) by adding at the end the following new paragraph: ``(2)(A) There is established in the Federal Old-Age and Survivors Insurance Trust Fund a Social Security Surplus Protection Account. As soon as practicable after the end of each fiscal year after fiscal year 2018, the Managing Trustee shall transfer to the Account, from amounts otherwise available in the Trust Fund, amounts equivalent to the social security surplus for such fiscal year. Such amounts shall be transferred from time to time to the Account, such amounts to be determined on the basis of estimates by the Managing Trustee, and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the correct amount. ``(B) For purposes of subparagraph (A), the term `social security surplus' means, for any fiscal year, the excess, if any, of-- ``(i) the sum of-- ``(I) the taxes imposed for such fiscal year by chapter 21 (other than sections 3101(b) and 3111(b)) of the Internal Revenue Code of 1986 with respect to wages (as defined in section 3121 of such Code) reported to the Secretary of the Treasury or his delegates pursuant to subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rates of tax under such chapter 21 (other than sections 3101(b) and 3111(b)) to such wages, less the amounts specified in clause (1) of subsection (b) of this section for such fiscal year, ``(II) the taxes imposed by chapter 2 (other than section 1401(b)) of the Internal Revenue Code of 1986 with respect to self-employment income (as defined in section 1402 of such Code) reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such chapter (other than section 1401(b)) to such self-employment income, less the amounts specified in clause (2) of subsection (b) of this section for such fiscal year, and ``(III) the amount equivalent to the aggregate increase in tax liabilities under chapter 1 of the Internal Revenue Code of 1986 which is attributable to the application of sections 86 and 871(a)(3) of such Code to payments from the Trust Fund, over ``(ii) the sum of-- ``(I) benefits paid from the Trust Fund during the fiscal year, and ``(II) amounts authorized to be made available from the Trust Fund under subsection (g) of this section which are paid from the Trust Fund during such fiscal year. ``(C) Notwithstanding paragraph (1), the balance in the Account shall not be available for investment by the Managing Trustee. ``(D)(i) The preceding provisions of this paragraph shall not apply with respect to fiscal years commencing with or after the first fiscal year, after fiscal year 2018, for which a provision of Federal law takes effect and authorizes, for amounts in the Trust Fund, an investment vehicle other than obligations of the United States. ``(ii) A provision of Federal law shall be deemed to meet the requirements of clause (i) if such provision includes the following: `This Act shall be considered to be a provision of Federal law meeting the requirements of section 201(d)(2)(D)(i) of the Social Security Act.'.''. SEC. 3. INTERIM PROTECTIONS FOR MEDICARE PART A TRUST FUND SURPLUS. (a) In General.--Section 1817(c) of the Social Security Act (42 U.S.C. 1395i(c)) is amended-- (1) by striking ``It shall be the duty'' and inserting ``(1) Except as provided in paragraph (2), it shall be the duty''; (2) by striking ``(1) on original issue at the issue price, or (2)'' and inserting ``(A) on original issue at the issue price, or (B)''; and (3) by adding at the end the following new paragraph: ``(2)(A) There is established in the Federal Hospital Insurance Trust Fund a Medicare Surplus Protection Account (in this paragraph referred to as the `Account'). As soon as practicable after the end of each fiscal year after fiscal year 2018, the Managing Trustee shall transfer to the Account, from amounts otherwise available in the Trust Fund, amounts equivalent to the Medicare part A surplus for such fiscal year. Such amounts shall be transferred from time to time to the Account, such amounts to be determined on the basis of estimates by the Managing Trustee, and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the correct amount. ``(B) For purposes of subparagraph (A), the term `Medicare part A surplus' means, for any fiscal year, the excess, if any, of-- ``(i) the sum of-- ``(I) the taxes imposed for such fiscal year by sections 3101(b) and 3111(b) of the Internal Revenue Code of 1986 with respect to wages (as defined in section 3121 of such Code) reported to the Secretary of the Treasury or his delegates pursuant to subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rates of tax under such sections to such wages; and ``(II) the taxes imposed by section 1401(b) of the Internal Revenue Code of 1986 with respect to self- employment income (as defined in section 1402 of such Code) reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such section 1401(b) to such self-employment income; over ``(ii) the sum of-- ``(I) benefits paid from the Trust Fund during the fiscal year; and ``(II) amounts authorized to be made available from the Trust Fund under subsection (f) of this section (or section 201(g)) which are paid from the Trust Fund during such fiscal year. ``(C) Notwithstanding paragraph (1), the balance in the Account shall not be available for investment by the Managing Trustee. ``(D)(i) The preceding provisions of this paragraph shall not apply with respect to fiscal years commencing with or after the first fiscal year, after fiscal year 2018, for which a provision of Federal law takes effect and authorizes, for amounts in the Trust Fund, an investment vehicle other than obligations of the United States. ``(ii) A provision of Federal law shall be deemed to meet the requirements of clause (i) if such provision includes the following: `This Act shall be considered to be a provision of Federal law meeting the requirements of section 1817(c)(2)(D)(i) of the Social Security Act.'.''. SEC. 4. SOCIAL SECURITY AND MEDICARE PART A INVESTMENT COMMISSION. (a) Establishment.--There is established in the executive branch of the Government a Social Security and Medicare Part A Investment Commission (in this section referred to as the ``Commission''). (b) Study and Report.--As soon as practicable after the date of the enactment of this Act, the Commission shall conduct a study to ascertain the most effective vehicles for investment of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Hospital Insurance Trust Fund, other than investment in the form of obligations of the United States. Not later than October 1, 2018, the Commission shall submit a report to the President and to each House of the Congress setting forth its recommendations for such vehicles for investment, together with proposals for such administrative and legislative changes as the Commission determines necessary to authorize and implement such recommendations. (c) Composition.--The Commission shall be composed of-- (1) 3 members appointed by the President, of whom 1 shall be designated by the President as Chairman; (2) 2 members appointed by the Speaker of the House of Representatives; (3) 1 member appointed by the minority leader of the House of Representatives; (4) 2 members appointed by the majority leader of the Senate; and (5) 1 member appointed by the minority leader of the Senate. (d) Membership Requirements.--Members of the Commission shall have substantial experience, training, and expertise in the management of financial investments and pension benefit plans. (e) Length of Appointments.--Members of the Commission shall serve for the life of the Commission. A vacancy on the Commission shall be filled in the manner in which the original appointment was made and shall be subject to any conditions that applied with respect to the original appointment. (f) Administrative Provisions.-- (1) Meetings.--The Commission shall meet-- (A) not less than once during each month; and (B) at additional times at the call of the Chairman. (2) Exercise of powers.-- (A) In general.--The Commission shall perform the functions and exercise the powers of the Commission on a majority vote of a quorum of the Commission. Three members of the Commission shall constitute a quorum for the transaction of business. (B) Vacancies.--A vacancy on the Commission shall not impair the authority of a quorum of the Commission to perform the functions and exercise the powers of the Commission. (g) Compensation.-- (1) In general.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at the daily rate of basic pay for level IV of the Executive Schedule for each day during which such member is engaged in performing a function of the Commission. (2) Expenses.--A member of the Commission shall be paid travel, per diem, and other necessary expenses under subchapter I of chapter 57 of title 5, United States Code, while traveling away from such member's home or regular place of business in the performance of the duties of the Commission. (h) Termination.--The Commission shall terminate 90 days after the date of the submission of its report pursuant to subsection (b).

Social Security and Medicare Lock-Box Act This bill establishes: (1) in the Federal Old-Age and Survivors Insurance Trust Fund, a Social Security Surplus Protection Account; and (2) in the Federal Hospital Insurance Trust Fund, a Medicare Surplus Protection Account. The Managing Trustee of each trust fund (in both cases, the Secretary of the Treasury): (1) must transfer the annual surplus of the trust fund to its respective account; and (2) may not invest the balance in the account until a law takes effect that authorizes, for amounts in the trust fund, an investment vehicle other than U.S. obligations. The bill establishes in the executive branch a commission to study the most effective vehicles for investment of the trust funds, other than investments in the form of U.S. obligations.

{"src": "billsum_train", "title": "Social Security and Medicare Lock-Box Act"}

SECTION 1. GREENHOUSE GAS REGULATION UNDER CLEAN AIR ACT. Section 302(g) of the Clean Air Act (42 U.S.C. 7602(g)) is amended by adding the following at the end thereof: ``The term `air pollutant' shall not include any of the following solely on the basis of its effect on global climate change: ``(1) Carbon dioxide. ``(2) Methane. ``(3) Nitrous oxide. ``(4) Hydrofluorocarbons. ``(5) Perfluorocarbons. ``(6) Sulfur hexafluoride.''. SEC. 2. RENEWABLE FUEL STANDARD. (a) Exclusion of Activities Relating to International Indirect Land Use Change.--The Administrator of the Environmental Protection Agency shall not carry out any activities relating to the inclusion of international indirect land use change in the implementation of the renewable fuel program established under section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)). (b) Exclusion of Indirect Emissions From International Land Use Changes in Calculation of Lifecycle Greenhouse Gas Emissions.-- Paragraph (1)(H) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(1)(H)) is amended-- (1) by striking ``(including direct emissions and significant indirect emissions such as significant emissions from land use changes)'' and inserting ``(excluding indirect emissions from international land use changes)''; and (2) by striking ``the Administrator'' and inserting ``the Administrator and the Secretary of Agriculture''. (c) Renewable Biomass.--Paragraph (1)(I) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(1)(I)) is amended to read as follows: ``(I) Renewable biomass.--The term `renewable biomass' means-- ``(i) materials, pre-commercial thinnings, or invasive species from National Forest System land and public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)) that-- ``(I) are byproducts of preventive treatments that are removed-- ``(aa) to reduce hazardous fuels; ``(bb) to reduce or contain disease or insect infestation; or ``(cc) to restore ecosystem health; ``(II) would not otherwise be used for higher-value products; and ``(III) are harvested in accordance with-- ``(aa) applicable law and land management plans; and ``(bb) the requirements for-- ``(AA) old-growth maintenance, restoration, and management direction of paragraphs (2), (3), and (4) of subsection (e) of section 102 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6512); and ``(BB) large-tree retention of subsection (f) of that section; or ``(ii) any organic matter that is available on a renewable or recurring basis from non- Federal land or land belonging to an Indian or Indian tribe that is held in trust by the United States or subject to a restriction against alienation imposed by the United States, including-- ``(I) renewable plant material, including-- ``(aa) feed grains; ``(bb) other agricultural commodities; ``(cc) other plants and trees; and ``(dd) algae; and ``(II) waste material, including-- ``(aa) crop residue; ``(bb) other vegetative waste material (including wood waste and wood residues); ``(cc) animal waste and by products (including fats, oils, greases, and manure); and ``(dd) food waste and yard waste.''.

Amends the Clean Air Act to exclude from the definition of "air pollutant" any of the following solely on the basis of its effect on global climate change: carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. Prohibits the Administrator of the Environmental Protection Agency (EPA) from implementing activities relating to the inclusion of international indirect land use change in the implementation of the renewable fuel program. Excludes indirect emissions from international land use changes from the definition of lifecycle greenhouse gas (GHG) emissions. Requires the Administrator and the Secretary of Agriculture (currently, the Administrator) to determine the aggregate quantity of GHG emissions in liefecycyle GHG emissions related to the full fuel lifecycle. Amends the Clean Air Act to redefine "renewable biomass" as: (1) materials, pre-commercial thinnings, or invasive species from certain National Forest System land and public lands that are byproducts of preventive treatments that are removed to reduce hazardous fuels, reduce or contain disease or insect infestation, or restore ecosystem health, that would not otherwise be used for higher-value products, and that are harvested in accordance with specified requirements for old-growth forests and large tree retention; or (2) any organic matter that is available on a renewable or recurring basis from nonfederal land or land belonging to an Indian or Indian tribe that is held in trust by the United States or subject to a restriction against alienation imposed by the United States, including specified renewable plant material and waste material.

{"src": "billsum_train", "title": "To amend the Clean Air Act relating to greenhouse gases, and for other purposes."}

SECTION 1. SHORT TITLE AND REPEAL. (a) Short Title.--This Act may be cited as the ``Expedited Rescissions Act of 1997''. (b) Repeal.--The Line Item Veto Act of 1996 (2 U.S.C. 691 et seq.) is repealed. SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS. (a) In General.--Part B of title X of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) is amended by redesignating sections 1013 through 1017 as sections 1014 through 1018, respectively, and inserting after section 1012 the following new section: ``expedited consideration of certain proposed rescissions ``Sec. 1013. (a) Proposed Rescission of Budget Authority.--In addition to the method of rescinding budget authority specified in section 1012, the President may propose, at the time and in the manner provided in subsection (b), the rescission of any budget authority provided in an appropriation Act. Funds made available for obligation under this procedure may not be proposed for rescission again under this section or section 1012. ``(b) Transmittal of Special Message.-- ``(1) Not later than 3 calendar days after the date of enactment of an appropriation Act, the President may transmit to Congress a special message proposing to rescind amounts of budget authority provided in that Act and include with that special message a draft bill that, if enacted, would only rescind that budget authority. That bill shall clearly identify the amount of budget authority that is proposed to be rescinded for each program, project, or activity to which that budget authority relates. ``(2) In the case of an appropriation Act that includes accounts within the jurisdiction of more than one subcommittee of the Committee on Appropriations, the President in proposing to rescind budget authority under this section shall send a separate special message and accompanying draft bill for accounts within the jurisdiction of each such subcommittee. ``(3) Each special message shall specify, with respect to the budget authority proposed to be rescinded, the matters referred to in paragraphs (1) through (5) of section 1012(a). ``(c) Procedures for Expedited Consideration.-- ``(1)(A) Before the close of the second legislative day of the House of Representatives after the date of receipt of a special message transmitted to Congress under subsection (b), the majority leader or minority leader of the House of Representatives shall introduce (by request) the draft bill accompanying that special message. If the bill is not introduced as provided in the preceding sentence, then, on the third legislative day of the House of Representatives after the date of receipt of that special message, any Member of that House may introduce the bill. ``(B) The bill shall be referred to the Committee on Appropriations of the House of Representatives. The committee shall report the bill without substantive revision, and with or without recommendation. The bill shall be reported not later than the seventh legislative day of that House after the date of receipt of that special message. If the Committee on Appropriations fails to report the bill within that period, that committee shall be automatically discharged from consideration of the bill, and the bill shall be placed on the appropriate calendar. ``(C) A vote on final passage of the bill referred to in subparagraph (B) shall be taken in the House of Representatives on or before the close of the 10th legislative day of that House after the date of the introduction of the bill in that House. If the bill is passed, the Clerk of the House of Representatives shall cause the bill to be engrossed, certified, and transmitted to the Senate within one calendar day of the day on which the bill is passed. ``(2)(A) A motion in the House of Representatives to proceed to the consideration of a bill under this section shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the House of Representatives on a bill under this section shall not exceed 4 hours, which shall be divided equally between those favoring and those opposing the bill. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a bill under this section or to move to reconsider the vote by which the bill is agreed to or disagreed to. ``(C) Appeals from decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a bill under this section shall be decided without debate. ``(3)(A) A bill transmitted to the Senate pursuant to paragraph (1)(C) shall be referred to its Committee on Appropriations. The committee shall report the bill without substantive revision and with or without recommendation. The bill shall be reported not later than the seventh legislative day of the Senate after it receives the bill. A committee failing to report the bill within such period shall be automatically discharged from consideration of the bill, and the bill shall be placed upon the appropriate calendar. ``(B) A vote on final passage of a bill transmitted to the Senate shall be taken on or before the close of the 10th legislative day of the Senate after the date on which the bill is transmitted. ``(4)(A) A motion in the Senate to proceed to the consideration of a bill under this section shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the Senate on a bill under this section, and all debatable motions and appeals in connection therewith, shall not exceed 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. ``(C) Debate in the Senate on any debatable motion or appeal in connection with a bill under this section shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill, except that in the event the manager of the bill is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a bill, allot additional time to any Senator during the consideration of any debatable motion or appeal. ``(D) A motion in the Senate to further limit debate on a bill under this section is not debatable. A motion to recommit a bill under this section is not in order. ``(d) Amendments and Divisions Prohibited.--No amendment to a bill considered under this section shall be in order in either the House of Representatives or the Senate. It shall not be in order to demand a division of the question in the House of Representatives (or in a Committee of the Whole) or in the Senate. No motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House to suspend the application of this subsection by unanimous consent. ``(e) Requirement To Make Available for Obligation.--Any amount of budget authority proposed to be rescinded in a special message transmitted to Congress under subsection (b) shall be made available for obligation on the earlier of-- ``(1) the day after the date upon which the House of Representatives defeats the bill transmitted with that special message rescinding the amount proposed to be rescinded; or ``(2) the day after the date upon which the Senate rejects a bill that makes rescissions to carry out the applicable special message of the President. ``(f) Definitions.--For purposes of this section-- ``(1) the term `appropriation Act' means any general or special appropriation Act, and any Act or joint resolution making supplemental, deficiency, or continuing appropriations; and ``(2) the term `legislative day' means, with respect to either House of Congress, any calendar day during which that House is in session.''. (b) Exercise of Rulemaking Powers.--Section 904 of such Act (2 U.S.C. 621 note) is amended-- (1) by striking ``and 1017'' in subsection (a) and inserting ``1013, and 1018''; and (2) by striking ``section 1017'' in subsection (d) and inserting ``sections 1013 and 1018''; and (c) Conforming Amendments.-- (1) Section 1011 of such Act (2 U.S.C. 682(5)) is amended-- (A) in paragraph (4), by striking ``1013'' and inserting ``1014''; and (B) in paragraph (5)-- (i) by striking ``1016'' and inserting ``1017''; and (ii) by striking ``1017(b)(1)'' and inserting ``1018(b)(1)''. (2) Section 1015 of such Act (2 U.S.C. 685) (as redesignated by section 2(a)) is amended-- (A) by striking ``1012 or 1013'' each place it appears and inserting ``1012, 1013, or 1014''; (B) in subsection (b)(1), by striking ``1012'' and inserting ``1012 or 1013''; (C) in subsection (b)(2), by striking ``1013'' and inserting ``1014''; and (D) in subsection (e)(2)-- (i) by striking ``and'' at the end of subparagraph (A); (ii) by redesignating subparagraph (B) as subparagraph (C); (iii) by striking ``1013'' in subparagraph (C) (as so redesignated) and inserting ``1014''; and (iv) by inserting after subparagraph (A) the following new subparagraph: ``(B) he has transmitted a special message under section 1013 with respect to a proposed rescission; and''. (3) Section 1016 of such Act (2 U.S.C. 686) (as redesignated by section 2(a)) is amended by striking ``1012 or 1013'' each place it appears and inserting ``1012, 1013, or 1014''. (d) Clerical Amendments.--The table of sections for subpart B of title X of such Act is amended-- (1) by redesignating the items relating to sections 1013 through 1017 as items relating to sections 1014 through 1018; and (2) by inserting after the item relating to section 1012 the following new item: ``Sec. 1013. Expedited consideration of certain proposed rescissions.''. SEC. 3. APPLICATION. (a) In General.--Section 1013 of the Congressional Budget and Impoundment Control Act of 1974 (as added by section 2) shall apply to amounts of budget authority provided by appropriation Acts (as defined in subsection (f) of such section) that are enacted during the One Hundred Fifth Congress and thereafter. (b) Special Transition Rule.--Within 3 calendar days after the beginning of a Congress, the President may retransmit a special message, in the manner provided in section 1013(b) of the Congressional Budget and Impoundment Control Act of 1974 (as added by section 2), proposing to rescind only those amounts of budget authority that were contained in any special message to the immediately preceding Congress which that Congress failed to consider because of its sine die adjournment before the close of the time period set forth in such section 1013 for consideration of those proposed rescissions. A draft bill shall accompany that special message that, if enacted, would only rescind that budget authority. Before the close of the second legislative day of the House of Representatives after the date of receipt of that special message, the majority leader or minority leader of the House of Representaitves shall introduce (by request) the draft bill accompanying that special message. If the bill is not introduced as provided in the preceding sentence, then, on the third legislative day of the House of Representatives after the date of receipt of that special message, any Member of that House may introduce the bill. The House of Representatives and the Senate shall proceed to consider that bill in the manner provided in such section 1013.

Expedited Rescissions Act of 1997 - Repeals the Line Item Veto Act of 1996. Amends the Congressional Budget and Impoundment Control Act of 1974 to provide for the expedited consideration of certain proposed rescissions of budget authority.

{"src": "billsum_train", "title": "Expedited Rescissions Act of 1997"}

SECTION 1. DELAY OF SUNSET. Section 211(a) of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (Public Law 108-237; 15 U.S.C. 1 note) is amended-- (1) in subsection (a)-- (A) by inserting ``of this subtitle'' after ``214''; and (B) by striking ``6 years'' and inserting ``16 years''; and (2) by amending subsection (b) to read as follows: ``(b) Exceptions.--With respect to-- ``(1) a person who receives a marker on or before the date on which the provisions of section 211 through 214 of this subtitle shall cease to have effect that later results in the execution of an antitrust leniency agreement; or ``(2) an applicant who has entered into an antitrust leniency agreement on or before the date on which the provisions of sections 211 through 214 of this subtitle shall cease to have effect, the provisions of sections 211 through 214 of this subtitle shall continue in effect.''. SEC. 2. DEFINITIONS. Section 212 of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (Public Law 108-237; 15 U.S.C. 1 note) is amended-- (1) by redesignating paragraph (6) as paragraph (7); and (2) by inserting after paragraph (5) the following: ``(6) Marker.--The term `marker' means an assurance given by the Antitrust Division to a candidate for corporate leniency that no other company will be considered for leniency, for some finite period of time, while the candidate is given an opportunity to perfect its leniency application.''. SEC. 3. TIMELINESS; COOPERATION AFTER TERMINATION OF STAY OR PROTECTIVE ORDER. (a) Timeliness.--Section 213(c) of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (Public Law 108-237; 15 U.S.C. 1 note) is amended to read as follows: ``(c) Timeliness.--The court shall consider, in making the determination concerning satisfactory cooperation described in subsection (b), the timeliness of the applicant's or cooperating individual's cooperation with the claimant.''. (b) Cooperation After Termination of Stay or Protective Order.-- Section 213 of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (Public Law 108-237; 15 U.S.C. 1 note) is amended by adding at the end the following-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: ``(d) Cooperation After Expiration of Stay or Protective Order.--If the Antitrust Division does obtain a stay or protective order in a civil action based on conduct covered by an antitrust leniency agreement, once the stay or protective order, or a portion thereof, expires or is terminated, the antitrust leniency applicant and cooperating individuals shall provide without unreasonable delay any cooperation described in paragraphs (1) and (2) of subsection (b) that was prohibited by the expired or terminated stay or protective order, or the expired or terminated portion thereof, in order for the cooperation to be deemed satisfactory under such paragraphs.''. SEC. 4. TECHNICAL CORRECTIONS. Section 214 of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (Public Law 108-237; 15 U.S.C. 1 note) is amended-- (1) in paragraph (1) by inserting ``of this subtitle'' after ``213(b)''; and (2) in paragraph (3)-- (A) by inserting ``of this subtitle'' after ``213(a)'' the 1st place it appears; and (B) by striking ``title'' and inserting ``subtitle''. SEC. 5. GAO REPORT. Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit, to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate, a report on the effectiveness of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004, both in criminal investigation and enforcement by the Department of Justice, and in private civil actions. Such report should include study of, inter alia-- (1) the appropriateness of the addition of qui tam proceedings to the antitrust leniency program; and (2) the appropriateness of creating anti-retaliatory protection for employees who report illegal anticompetitive conduct. SEC. 6. EFFECTIVE DATE OF AMENDMENTS. The amendments made by section 1 shall take effect immediately before June 22, 2010. SEC. 7. 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. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Amends the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 to: (1) extend until June 22, 2020, provisions of that Act limiting civil damages in antitrust enforcement actions involving conduct covered by antitrust leniency agreements; and (2) revise the timeliness requirements applicable to an antitrust leniency applicant for cooperating in an antitrust enforcement proceeding, including the timeliness of cooperation after a stay or protective order has expired or terminated. Directs the Comptroller General, within one year after the enactment of this Act, to submit to the congressional Judiciary Committees a report on the effectiveness of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004, both in criminal investigation and enforcement by the Department of Justice (DOJ), and in private civil actions. Requires such report to include a study of the appropriateness of the addition of qui tam proceedings to the antitrust leniency program and of creating anti-retaliatory protection for employees who report illegal anticompetitive conduct. Provides for compliance with the Statutory Pay-As-You-Go Act of 2010.

{"src": "billsum_train", "title": "To amend the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 to extend the operation of such Act, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Protection Act of 1999''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Television is seen and heard in nearly every United States home and is a uniquely pervasive presence in the daily lives of Americans. The average American home has 2.5 televisions, and a television is turned on in the average American home 7 hours every day. (2) Television plays a particularly significant role in the lives of children. Figures provided by Nielsen Research show that children between the ages of 2 years and 11 years spend an average of 21 hours in front of a television each week. (3) Television has an enormous capability to influence perceptions, especially those of children, of the values and behaviors that are common and acceptable in society. (4) The influence of television is so great that its images and messages often can be harmful to the development of children. Social science research amply documents a strong correlation between the exposure of children to televised violence and a number of behavioral and psychological problems. (5) Hundreds of studies have proven conclusively that children who are consistently exposed to violence on television have a higher tendency to exhibit violent and aggressive behavior, both as children and later in life. (6) Such studies also show that repeated exposure to violent programming causes children to become desensitized to and more accepting of real-life violence and to grow more fearful and less trusting of their surroundings. (7) A growing body of social science research indicates that sexual content on television can also have a significant influence on the attitudes and behaviors of young viewers. This research suggests that heavy exposure to programming with strong sexual content contributes to the early commencement of sexual activity among teenagers. (8) Members of the National Association of Broadcasters (NAB) adhered for many years to a comprehensive code of conduct that was based on an understanding of the influence exerted by television and on a widely held sense of responsibility for using that influence carefully. (9) This code of conduct, the Television Code of the National Association of Broadcasters, articulated this sense of responsibility as follows: (A) ``In selecting program subjects and themes, great care must be exercised to be sure that the treatment and presentation are made in good faith and not for the purpose of sensationalism or to shock or exploit the audience or appeal to prurient interests or morbid curiosity.''. (B) ``Broadcasters have a special responsibility toward children. Programs designed primarily for children should take into account the range of interests and needs of children, from instructional and cultural material to a wide variety of entertainment material. In their totality, programs should contribute to the sound, balanced development of children to help them achieve a sense of the world at large and informed adjustments to their society.''. (C) ``Violence, physical, or psychological, may only be projected in responsibly handled contexts, not used exploitatively. Programs involving violence present the consequences of it to its victims and perpetrators. Presentation of the details of violence should avoid the excessive, the gratuitous and the instructional.''. (D) ``The presentation of marriage, family, and similarly important human relationships, and material with sexual connotations, shall not be treated exploitatively or irresponsibly, but with sensitivity.''. (E) ``Above and beyond the requirements of the law, broadcasters must consider the family atmosphere in which many of their programs are viewed. There shall be no graphic portrayal of sexual acts by sight or sound. The portrayal of implied sexual acts must be essential to the plot and presented in a responsible and tasteful manner.''. (10) The National Association of Broadcasters abandoned the code of conduct in 1983 after three provisions of the code restricting the sale of advertising were challenged by the Department of Justice on antitrust grounds and a Federal district court issued a summary judgment against the National Association of Broadcasters regarding one of the provisions on those grounds. However, none of the programming standards of the code were challenged. (11) While the code of conduct was in effect, its programming standards were never found to have violated any antitrust law. (12) Since the National Association of Broadcasters abandoned the code of conduct, programming standards on broadcast and cable television have deteriorated dramatically. (13) In the absence of effective programming standards, public concern about the impact of television on children, and on society as a whole, has risen substantially. Polls routinely show that more than 80 percent of Americans are worried by the increasingly graphic nature of sex, violence, and vulgarity on television and by the amount of programming that openly sanctions or glorifies criminal, antisocial, and degrading behavior. (14) At the urging of Congress, the television industry has taken some steps to respond to public concerns about programming standards and content. The broadcast television industry agreed in 1992 to adopt a set of voluntary guidelines designed to ``proscribe gratuitous or excessive portrayals of violence''. Shortly thereafter, both the broadcast and cable television industries agreed to conduct independent studies of the violent content in their programming and make those reports public. (15) In 1996, the television industry as a whole made a commitment to develop a comprehensive rating system to label programming that may be harmful or inappropriate for children. That system was implemented at the beginning of 1999. (16) Despite these efforts to respond to public concern about the impact of television on children, millions of Americans, especially parents with young children, remain angry and frustrated at the sinking standards of television programming, the reluctance of the industry to police itself, and the harmful influence of television on the well-being of the children and the values of the United States. (17) The Department of Justice issued a ruling in 1993 indicating that additional efforts by the television industry to develop and implement voluntary programming guidelines would not violate the antitrust laws. The ruling states that ``such activities may be likened to traditional standard setting efforts that do not necessarily restrain competition and may have significant procompetitive benefits . . . Such guidelines could serve to disseminate valuable information on program content to both advertisers and television viewers. Accurate information can enhance the demand for, and increase the output of, an industry's products or services.''. (18) The Children's Television Act of 1990 (Public Law 101- 437) states that television broadcasters in the United States have a clear obligation to meet the educational and informational needs of children. (19) Several independent analyses have demonstrated that the television broadcasters in the United States have not fulfilled their obligations under the Children's Television Act of 1990 and have not noticeably expanded the amount of educational and informational programming directed at young viewers since the enactment of that Act. (20) The popularity of video and personal computer (PC) games is growing steadily among children. Although most popular video and personal computer games are educational or harmless in nature, many of the most popular are extremely violent. One recent study by Strategic Record Research found that 64 percent of teenagers played video or personal computer games on a regular basis. Other surveys of children as young as elementary school age found that almost half of them list violent computer games among their favorites. (21) Violent video games often present violence in a glamorized light. Game players are often cast in the role of shooter, with points scored for each ``kill''. Similarly, advertising for such games often touts violent content as a selling point--the more graphic and extreme, the better. (22) As the popularity and graphic nature of such video games grows, so do their potential to negatively influence impressionable children. (23) Music is another extremely pervasive and popular form of entertainment. American children and teenagers listen to music more than any other demographic group. The Journal of American Medicine reported that between the 7th and 12th grades the average teenager listens to 10,500 hours of rock or rap music, just slightly less than the entire number of hours spent in the classroom from kindergarten through high school. (24) Teens are among the heaviest purchasers of music, and are most likely to favor music genres that depict, and often appear to glamorize violence. (25) Music has a powerful ability to influence perceptions, attitudes, and emotional state. The use of music as therapy indicates its potential to increase emotional, psychological, and physical health. That influence can be used for ill as well. SEC. 3. PURPOSES; CONSTRUCTION. (a) Purposes.--The purposes of this Act are to permit the entertainment industry-- (1) to work collaboratively to respond to growing public concern about television programming, movies, video games, Internet content, and music lyrics, and the harmful influence of such programming, movies, games, content, and lyrics on children; (2) to develop a set of voluntary programming guidelines similar to those contained in the Television Code of the National Association of Broadcasters; and (3) to implement the guidelines in a manner that alleviates the negative impact of television programming, movies, video games, Internet content, and music lyrics on the development of children in the United States and stimulates the development and broadcast of educational and informational programming for such children. (b) Construction.--This Act may not be construed as-- (1) providing the Federal Government with any authority to restrict television programming, movies, video games, Internet content, or music lyrics that is in addition to the authority to restrict such programming, movies, games, content, or lyrics under law as of the date of the enactment of this Act; or (2) approving any action of the Federal Government to restrict such programming, movies, games, content, or lyrics that is in addition to any actions undertaken for that purpose by the Federal Government under law as of such date. SEC. 4. EXEMPTION OF VOLUNTARY AGREEMENTS ON GUIDELINES FOR CERTAIN ENTERTAINMENT MATERIAL FROM APPLICABILITY OF ANTITRUST LAWS. (a) Exemption.--Subject to subsection (b), the antitrust laws shall not apply to any joint discussion, consideration, review, action, or agreement by or among persons in the entertainment industry for the purpose of developing and disseminating voluntary guidelines designed-- (1) to alleviate the negative impact of telecast material, movies, video games, Internet content, and music lyrics containing violence, sexual content, criminal behavior, or other subjects that are not appropriate for children; or (2) to promote telecast material that is educational, informational, or otherwise beneficial to the development of children. (b) Limitation.--The exemption provided in subsection (a) shall not apply to any joint discussion, consideration, review, action, or agreement which-- (1) results in a boycott of any person; or (2) concerns the purchase or sale of advertising, including (without limitation) restrictions on the number of products that may be advertised in a commercial, the number of times a program may be interrupted for commercials, and the number of consecutive commercials permitted within each interruption. (c) Definitions.--In this section: (1) Antitrust laws.--The term ``antitrust laws'' has the meaning given such term in the first section of the Clayton Act (15 U.S.C. 12) and includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45). (2) Internet.--The term ``Internet'' means the combination of computer facilities and electromagnetic transmission media, and related equipment and software, comprising the interconnected worldwide network of computer networks that employ the Transmission Control Protocol/Internet Protocol or any successor protocol to transmit information. (3) Movies.--The term ``movies'' means theatrical motion pictures. (4) Person in the entertainment industry.--The term ``person in the entertainment industry'' means a television network, any entity which produces or distributes television programming (including theatrical motion pictures), the National Cable Television Association, the Association of Independent Television Stations, Incorporated, the National Association of Broadcasters, the Motion Picture Association of America, each of the affiliate organizations of the television networks, the Interactive Digital Software Association, any entity which produces or distributes video games, the Recording Industry Association of America, and any entity which produces or distributes music, and includes any individual acting on behalf of such person. (5) Telecast.--The term ``telecast'' means any program broadcast by a television broadcast station or transmitted by a cable television system.

Children's Protection Act of 1999 - Exempts from Federal antitrust laws any collaborative efforts by or among persons in the entertainment industry to develop and disseminate voluntary guidelines designed to: (1) alleviate the negative impact of television, movies, video games, Internet content, and music lyrics containing violence, sexual content, criminal behavior, or other subjects that are inappropriate for children; or (2) promote telecast material that is educational, informational, or otherwise beneficial to the development of children. States that such exemption shall not apply to any efforts which: (1) result in a boycott of any person; or (2) concern the purchase or sale of advertising.

{"src": "billsum_train", "title": "Children's Protection Act of 1999"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Coast Guard Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The United States Coast Guard was founded on August 4, 1790, as the Revenue Cutter Service under the United States Department of the Treasury. (2) Congress created the Coast Guard on January 28, 1915, by merging the Revenue Cutter Service and the United States Lifesaving Service, was moved to the Department of Transportation in 1967, and on February 25, 2003, became part of the Department of Homeland Security. (3) Although the smallest of the uniformed services, today the United States Coast Guard conducts a wide variety of missions to protect the public, the environment, and the United States economic and security interests in any maritime region, including international waters and America's coasts, ports, and inland waterways. (4) Every day, the United States Coast Guard plays a broad and important role in homeland security, law enforcement, search and rescue, marine environmental pollution response, and the maintenance of river, intra-coastal and offshore aids to navigation (ATON). (5) The United States Coast Guard is our Nation's oldest seafaring military service, staying true to their motto, Semper Paratus or ``Always Ready,'' for 223 years. (6) The United States Coast Guard has an estimated 42,300 men and women on active duty, who in 2012 responded to nearly 20,000 search and rescue incidents saving over 3,500 lives and protecting $77 million in property, removed 107 metric tons of cocaine and 56 metric tons of marijuana headed to the United States, and interdicted nearly 3,000 undocumented migrants on the high seas attempting to illegally enter the United States. (7) Section 213 of Public Law 108-293 states that ``The Commandant may establish a National Coast Guard Museum, on lands which will be federally owned and administered by the Coast Guard, and are located in New London, Connecticut, at, or in close proximity to, the Coast Guard Academy''. (8) The National Coast Guard Museum Association, a nonprofit association dedicated to improve public understanding of the history, service and missions of the Coast Guard, is working with the United States Coast Guard, the City of New London, the State of Connecticut, and a range of local, regional, and national stakeholders to develop, plan and raise capital for the National Coast Guard Museum, to be located in New London, Connecticut. (9) The United States Coast Guard is the only military service without a national museum through which to share its history and legacy with the American public. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 100,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 500,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) Half dollar clad coins.--Not more than 750,000 half dollar coins, which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins, contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COIN. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the traditions, history, and heritage of the United States Coast Guard, and its role in securing our Nation since 1790. (2) Designations and inscriptions.--On each coin minted under this Act, there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2017''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall-- (1) contain motifs that specifically honor the American Coast Guardsman of both today and yesterday, in wartime and in peace, such designs to be consistent with the traditions and heritage of the United States Coast Guard, the mission and goals of the National Coast Guard Museum, and the missions and goals of the National Coast Guard Museum Foundation; (2) be selected by the Secretary, after consultation with the Secretary of Homeland Security, the National Coast Guard Museum Foundation, and the Commission of Fine Arts; and (3) be reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facilities.--For each of the 3 coins minted under this Act, at least 1 facility of the United States Mint shall be used to strike proof quality coins, while at least 1 other such facility shall be used to strike the uncirculated quality coins. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2017. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (3) A surcharge of $5 per coin for the half dollar coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Coast Guard Museum Foundation to help finance the design, construction, operations, and maintenance of the National Coast Guard Museum. (c) Audits.--The National Coast Guard Museum Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b).

United States Coast Guard Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue in commemoration of the United States Coast Guard: (1) $5 gold coins, (2) $1 silver coins, and (3) half-dollar clad coins. Requires the design of such coins to be emblematic of the traditions, history, and heritage of the Coast Guard, and its role in securing our nation since 1790. Prescribes design requirements. Restricts the issuance of such coins to the one-year period beginning on January 1, 2017. Prescribes the sale price of the coins and coin surcharges. Requires such surcharges to be paid by the Secretary to the National Coast Guard Museum Foundation to help finance the design and construction of the National Coast Guard Museum.

{"src": "billsum_train", "title": "United States Coast Guard Commemorative Coin Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Morris K. Udall Parkinson's Research, Assistance, and Education Act of 1995''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Parkinson's disease and related disorders (hereafter referred to in this Act as ``Parkinson's'') is a neurological disorder affecting as many as 1,500,000 Americans. (2) Approximately 40 percent of persons with Parkinson's are under the age of 60. (3) While science has yet to determine what causes the disease, research has found that cells that produce a neurochemical called dopamine inexplicably degenerate, causing uncontrollable tremors, muscle stiffness, and loss of motor function. (4) Eventually, Parkinson's renders the afflicted individuals incapable of caring for themselves. In addition to causing disability and suffering for the afflicted individuals, Parkinson's places tremendous and prolonged physical, emotional, and financial strain on family and loved ones. (5) It is estimated that the disease costs society nearly $6,000,000,000 annually. (6) To date, the federally funded research effort has been grossly underfunded. Only $26,000,000 is allocated specifically for research on Parkinson's, or only about one dollar for every $200 in annual societal costs. (7) In order to take full advantage of the tremendous potential for finding a cure or effective treatment, the Federal investment in Parkinson's must be expanded, as well as the coordination strengthened among the National Institutes of Health research institutes. (b) Purpose.--It is the purpose of this Act to provide for the expansion and coordination of research concerning Parkinson's, and to improve care and assistance for afflicted individuals and their family caregivers. SEC. 3. BIOMEDICAL RESEARCH ON PARKINSON'S DISEASE. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following section: ``parkinson's disease ``Sec. 409B. (a) In General.--The Director of NIH shall establish a program for the conduct and support of research and training, the dissemination of health information, and other programs with respect to Parkinson's disease. ``(b) Interagency Coordinating Committee.-- ``(1) In general.--The Director of NIH shall establish a committee to be known as the Interagency Coordinating Committee on Parkinson's Disease (in this subsection referred to as the `Coordinating Committee'). ``(2) Duties.--With respect to Parkinson's, the Coordinating Committee shall-- ``(A) provide for the coordination of the activities of the national research institutes; and ``(B) coordinate the aspects of all Federal health programs and activities relating to Parkinson's in order to assure the adequacy, effectiveness, and technical soundness of such programs and activities and in order to provide for the full communication and exchange of information necessary to maintain adequate coordination of such programs and activities. ``(3) Composition.--The Coordinating Committee shall be composed of-- ``(A) the directors of each of the national research institutes and other agencies involved in research with respect to Parkinson's; ``(B) one representative of the relevant Federal departments and agencies whose programs involve health functions or responsibilities relevant to such disease; ``(C) individuals with the disease and individuals who have a family history with the disease; and ``(D) health professionals or allied health professionals. ``(4) Chair.--The Coordinating Committee shall be chaired by the Director of NIH (or the designee of the Director). The Committee shall meet at the call of the chair, but not less often than once each year. ``(5) Annual report.--Not later than 120 days after the end of each fiscal year, the Coordinating Committee shall prepare and submit to the Secretary, the Director of NIH, and the directors specified in paragraph (3)(A) a report detailing the activities of the Committee in such fiscal year in carrying out paragraph (2). ``(c) Morris K. Udall Research Centers.-- ``(1) In general.--The Director of NIH shall award Core Center Grants to encourage the development of innovative multidisciplinary research and provide training concerning Parkinson's. The Director shall award not more than 10 Core Center Grants and designate each center funded under such grants as a Morris K. Udall Center for Research on Parkinson's Disease. ``(2) Requirements.-- ``(A) In general.--With respect to Parkinson's, each center assisted under this subsection shall-- ``(i) use the facilities of a single institution or a consortium of cooperating institutions, and meet such qualifications as may be prescribed by the Director of the NIH; and ``(ii) conduct basic and clinical research and provide patient care services. ``(B) Discretionary requirements.--With respect to Parkinson's, each center assisted under this subsection may-- ``(i) conduct training programs for scientists and health professionals; ``(ii) conduct programs to provide information and continuing education to health professionals; ``(iii) conduct programs for the dissemination of information to the public; and ``(iv) develop and maintain, where appropriate, a brain bank to collect specimens related to the research and treatment of Parkinson's. ``(3) Stipends regarding training programs.--A center may use funds provided under paragraph (1) to provide stipends for scientists and health professionals enrolled in training programs under paragraph (2)(C). ``(4) Duration of support.--Support of a center under this subsection may be for a period not exceeding five years. Such period may be extended by the Director of NIH for one or more additional periods of not more than five years if the operations of such center have been reviewed by an appropriate technical and scientific peer review group established by the Director and if such group has recommended to the Director that such period should be extended. ``(d) Data System; Information Clearinghouse.-- ``(1) Data system.--The Director of NIH shall establish the National Parkinson's Disease Data System for the collection, storage, analysis, retrieval, and dissemination of data derived from patient populations with such disease, including, where possible, data involving general populations for the purpose of detection of individuals with a risk of developing the disease. ``(2) Information clearinghouse.--The Director of NIH shall establish the National Parkinson's Disease Information Clearinghouse to facilitate and enhance knowledge and understanding of such disease on the part of health professionals, patients, and the public through the effective dissemination of information. ``(e) Morris K. Udall Leadership and Excellence Awards.--The Director of NIH shall establish a grant program to support scientists who have distinguished themselves in the field of Parkinson's research. Grants under this subsection shall be utilized to enable established investigators to devote greater time and resources in laboratories to conduct research on Parkinson's and to encourage the development of a new generation of investigators, with the support and guidance of the most productive and innovative senior researchers. ``(f) National Parkinson's Disease Education Program.--The Director of NIH shall establish a national education program that is designed to foster a national focus on Parkinson's and the care of those with Parkinson's. Activities under such program shall include-- ``(1) the bringing together of public and private organizations to develop better ways to provide care to individuals with Parkinson's, and assist the families of such individuals; and ``(2) the provision of technical assistance to public and private organizations that offer support and aid to individuals with Parkinson's and their families. ``(g) Authorization of Appropriations.-- ``(1) In general.--For the purpose of carrying out this section, there are authorized to be appropriated $100,000,000 for fiscal year 1996, and such sums as may be necessary for each of the fiscal years 1997 through 2000. ``(2) Availability.--Of the amount appropriated under paragraph (1), the Secretary shall make available not to exceed $10,000,000 for fiscal year 1996, and such sums as may be necessary for each of the fiscal years 1997 through 2000, to establish Morris K. Udall Centers under subsection (c).''.

Morris K. Udall Parkinson's Research, Assistance, and Education Act of 1995 - Amends the Public Health Service Act to mandate a program for the conduct and support of research and training, the dissemination of health information, and other programs regarding Parkinson's disease. Establishes the Interagency Coordinating Committee on Parkinson's Disease. Requires Core Center Grants to encourage the development of innovative multidisciplinary research and provide training concerning Parkinson's, designating each grant recipient as a Morris K. Udall Center for Research on Parkinson's Disease. Authorizes establishment of the National Parkinson's Disease Data System to collect, store, analyze, retrieve, and disseminate data. Establishes: (1) the National Parkinson's Disease Information Clearinghouse; (2) a grant program to support scientists who have distinguished themselves in Parkinson's research; and (3) a national education program to foster a national focus on Parkinson's and the care of those with Parkinson's. Authorizes appropriations.

{"src": "billsum_train", "title": "Morris K. Udall Parkinson's Research, Assistance, and Education Act of 1995"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Agency Data Privacy Protection Act''. SEC. 2. DEFINITION OF SENSITIVE DATA. In this Act-- (1) Sensitive data.--The term ``sensitive data'' includes the following: (A) Social security numbers. (B) Financial records. (C) Previous or current health records, including hospital or treatment records of any kind, including drug and alcohol rehabilitation records. (D) Criminal records. (E) Licenses. (F) License denials, suspensions, or revocations. (G) Tax returns. (H) Information that has been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy. (I) Personally identifiable information. (2) Personally identifiable information.--The term ``personally identifiable information'' means any information, in any form or medium, that relates to the past, present, or future physical or mental health, predisposition, or condition of an individual or the provision of health care to an individual. (3) Federal computer system.--The term ``Federal computer system'' has the meaning given such term in section 20(d) of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3(d)). (4) Agency.--The term ``agency'' has the meaning provided in section 3502(1) of title 44, United States Code. (5) Record.--The term ``record'' has the meaning provided in section 552a(a) of title 5, United States Code. SEC. 3. REQUIREMENT FOR USE OF ENCRYPTION FOR SENSITIVE DATA. (a) Requirement for Encryption.-- (1) In general.--All sensitive data maintained by the Federal Government, including such data maintained in Federal computer systems, shall be secured by the use of the most secure encryption standard recognized by the National Institute of Standards and Technology. (2) Updating required every 6 months.--Any sequence of characters (known as an encryption key) used to secure an encryption standard used on Federal computer systems shall be changed every 6 months, at a minimum, to provide additional security. (3) Implementation.--The requirements of this subsection shall be implemented not later than 6 months after the date of the enactment of this Act. (b) Federal Agency Responsibilities.--The head of each agency shall be responsible for complying with the requirements of subsection (a) within the agency. Such requirement shall be considered to be a requirement of subchapter III of chapter 35 of title 44, United States Code, for purposes of section 3544(a)(1)(B) of such title. SEC. 4. REQUIREMENTS RELATING TO ACCESS BY AGENCY PERSONNEL TO SENSITIVE DATA. (a) On-Site Access.--No employee of the Federal government may have access to sensitive data on Government property unless the employee has received a security clearance at the ``secret'' level or higher and has completed a financial disclosure form, in accordance with applicable provisions of law and regulation. (b) Off-Site Access.-- (1) Prohibition.--Sensitive data maintained by an agency may not be transported or accessed from a location off Government property unless a request for such transportation or access is submitted and approved by the Inspector General of the agency in accordance with paragraph (2). (2) Procedures.-- (A) Deadline for approval or disapproval.--In the case of any request submitted under paragraph (1) to an Inspector General of an agency, the Inspector General shall approve or disapprove the request within 2 business days after the date of submission of the request. (B) Limitation to 10,000 records.--If a request is approved, the Inspector General shall limit the access to not more than 10,000 records at a time. (3) Encryption.--Any technology used to store, transport, or access sensitive data during for purposes of off-site access approved under this subsection shall be secured by the use of the most secure encryption standard recognized by the National Institute of Standards and Technology. (c) Implementation.--The requirements of this subsection shall be implemented not later than 6 months after the date of the enactment of this Act. SEC. 5. REQUIREMENTS RELATING TO GOVERNMENT CONTRACTORS INVOLVING SENSITIVE DATA. (a) Applicability to Government Contractors.--In entering into any contract that may involve sensitive data in electronic or digital form on 10,000 or more United States citizens, an agency shall require the contractor and employees of the contractor to comply with the requirements of sections 3 and 4 of this Act in the performance of the contract, in the same manner as agencies and government employees comply with such requirements. (b) Implementation.--The requirements of this subsection shall be implemented with respect to contracts entered into on or after the date occurring 6 months after the date of the enactment of this Act.

Federal Agency Data Privacy Protection Act - Sets forth requirements: (1) for the use of encryption for sensitive data maintained by the federal government; (2) relating to access by agency personnel to sensitive data; and (3) relating to government contractors and their employees involving sensitive data.

{"src": "billsum_train", "title": "To increase the security of sensitive data maintained by the Federal Government."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserve Access to Affordable Generics Act''. SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSES. (a) Findings.--The Congress finds that-- (1) prescription drugs make up 11 percent of the national health care spending but are 1 of the largest and fastest growing health care expenditures; (2) 56 percent of all prescriptions dispensed in the United States are generic drugs, yet they account for only 13percent of all expenditures; (3) generic drugs, on average, cost 63 percent less than their brand-name counterparts; (4) consumers and the health care system would benefit from free and open competition in the pharmaceutical market and the removal of obstacles to the introduction of generic drugs; (5) full and free competition in the pharmaceutical industry, and the full enforcement of antitrust law to prevent anticompetitive practices in this industry, will lead to lower prices, greater innovation, and inure to the general benefit of consumers. (6) the Federal Trade Commission has determined that some brand name pharmaceutical manufacturers collude with generic drug manufacturers to delay the marketing of competing, low- cost, generic drugs; (7) collusion by the brand name pharmaceutical manufacturers is contrary to free competition, to the interests of consumers, and to the principles underlying antitrust law; (8) in 2005, 2 appellate court decisions reversed the Federal Trade Commission's long-standing position, and upheld settlements that include pay-offs by brand name pharmaceutical manufacturers to generic manufacturers designed to keep generic competition off the market; (9) in the 6 months following the March 2005 court decisions, the Federal Trade Commission found there were three settlement agreements in which the generic received compensation and agreed to a restriction on its ability to market the product; (10) the FTC found that more than \2/3\ of the approximately ten settlement agreements made in 2006 include a pay-off from the brand in exchange for a promise by the generic company to delay entry into the market; and (11) settlements which include a payment from a brand name manufacturer to a generic manufacturer to delay entry by generic drugs are anti-competitive and contrary to the interests of consumers. (b) Purposes.--The purposes of this Act are-- (1) to enhance competition in the pharmaceutical market by prohibiting anticompetitive agreements and collusion between brand name and generic drug manufacturers intended to keep generic drugs off the market; (2) to support the purpose and intent of antitrust law by prohibiting anticompetitive agreements and collusion in the pharmaceutical industry; and (3) to clarify the law to prohibit payments from brand name to generic drug manufacturers with the purpose to prevent or delay the entry of competition from generic drugs. SEC. 3. UNLAWFUL COMPENSATION FOR DELAY. The Clayton Act (15 U.S.C. 12 et seq.) is amended-- (1) by redesignating section 25 as section 29; and (2) by inserting after section 27 the following: ``SEC. 28. UNLAWFUL INTERFERENCE WITH GENERIC MARKETING. ``(a) It shall be unlawful under this Act for any person, in connection with the sale of a drug product, to directly or indirectly be a party to any agreement resolving or settling a patent infringement claim which-- ``(1) an ANDA filer receives anything of value; and ``(2) the ANDA filer agrees not to research, develop, manufacture, market, or sell the ANDA product for any period of time. ``(b) Nothing in this section shall prohibit a resolution or settlement of patent infringement claim in which the value paid by the NDA holder to the ANDA filer as a part of the resolution or settlement of the patent infringement claim includes no more than the right to market the ANDA product prior to the expiration of the patent that is the basis for the patent infringement claim. ``(c) In this section: ``(1) The term `agreement' means anything that would constitute an agreement under section 1 of the Sherman Act (15 U.S.C. 1) or section 5 of the Federal Trade Commission Act (15 U.S.C. 45). ``(2) The term `agreement resolving or settling a patent infringement claim' includes, any agreement that is contingent upon, provides a contingent condition for, or is otherwise related to the resolution or settlement of the claim. ``(3) The term `ANDA' means an abbreviated new drug application, as defined under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)). ``(4) The term `ANDA filer' means a party who has filed an ANDA with the Federal Drug Administration. ``(5) The term `ANDA product' means the product to be manufactured under the ANDA that is the subject of the patent infringement claim. ``(6) The term `drug product' means a finished dosage form (e.g., tablet, capsule, or solution) that contains a drug substance, generally, but not necessarily, in association with 1 or more other ingredients, as defined in section 314.3(b) of title 21, Code of Federal Regulations. ``(7) The term `NDA' means a new drug application, as defined under section 505(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)). ``(8) The term `NDA holder' means-- ``(A) the party that received FDA approval to market a drug product pursuant to an NDA; ``(B) a party owning or controlling enforcement of the patent listed in the Approved Drug Products With Therapeutic Equivalence Evaluations (commonly known as the `FDA Orange Book') in connection with the NDA; or ``(C) the predecessors, subsidiaries, divisions, groups, and affiliates controlled by, controlling, or under common control with any of the entities described in subclauses (i) and (ii) (such control to be presumed by direct or indirect share ownership of 50 percent or greater), as well as the licensees, licensors, successors, and assigns of each of the entities. ``(9) The term `patent infringement' means infringement of any patent or of any filed patent application, extension, reissue, renewal, division, continuation, continuation in part, reexamination, patent term restoration, patents of addition and extensions thereof. ``(10) The term `patent infringement claim' means any allegation made to an ANDA filer, whether or not included in a complaint filed with a court of law, that its ANDA or ANDA product may infringe any patent held by, or exclusively licensed to, the NDA holder of the drug product.''. SEC. 4. NOTICE AND CERTIFICATION OF AGREEMENTS. (a) Notice of All Agreements.--Section 1112(c)(2) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (21 U.S.C. 3155 note) is amended by-- (1) striking ``the Commission the'' and inserting ``the Commission (1) the''; and (2) inserting before the period at the end the following: ``; and (2) a description of the subject matter of any other agreement the parties enter into within 30 days of an entering into an agreement covered by subsection (a) or (b)''. (b) Certification of Agreements.--Section 1112 of such Act is amended by adding at the end the following: ``(d) Certification.--The Chief Executive Officer or the company official responsible for negotiating any agreement required to be filed under subsection (a), (b), or (c) shall execute and file with the Assistant Attorney General and the Commission a certification as follows: `I declare under penalty of perjury that the following is true and correct: The materials filed with the Federal Trade Commission and the Department of Justice under section 1112 of subtitle B of title XI of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, with respect to the agreement referenced in this certification: (1) represent the complete, final, and exclusive agreement between the parties; (2) include any ancillary agreements that are contingent upon, provide a contingent condition for, or are otherwise related to, the referenced agreement; and (3) include written descriptions of any oral agreements, representations, commitments, or promises between the parties that are responsive to subsection (a) or (b) of such section 1112 and have not been reduced to writing.'.''. SEC. 5. FORFEITURE OF 180-DAY EXCLUSIVITY PERIOD. Section 505 of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 355(j)(5)(D)(i)(V)) is amended by inserting ``section 28 of the Clayton Act or'' after ``that the agreement has violated''. SEC. 6. STUDY BY THE FEDERAL TRADE COMMISSION. (a) Requirement for a Study.--Not later than 180 days after the date of enactment of this Act and pursuant to its authority under section 6(a) of the Federal Trade Commission Act (15 U.S.C. 46(a)) and its jurisdiction to prevent unfair methods of competition, the Federal Trade Commission shall conduct a study regarding-- (1) the prevalence of agreements in patent infringement suits of the type described in section 28 of the Clayton Act, as added by this Act, during the last 5 years; (2) the impact of such agreements on competition in the pharmaceutical market; and (3) the prevalence in the pharmaceutical industry of other anticompetitive agreements among competitors or other practices that are contrary to the antitrust laws, and the impact of such agreements or practices on competition in the pharmaceutical market during the last 5 years. (b) Consultation.--In conducting the study required under this section, the Federal Trade Commission shall consult with the Antitrust Division of the Department of Justice regarding the Justice Department's findings and investigations regarding anticompetitive practices in the pharmaceutical market, including criminal antitrust investigations completed by the Justice Department with respect to practices or conduct in the pharmaceutical market. (c) Requirement for a Report.--Not later than 1 year after the date of enactment of this Act, the Federal Trade Commission shall submit a report to the Judiciary Committees of Senate and House of Representatives, and to the Department of Justice regarding the findings of the study conducted under subsection (a). This report shall contain the Federal Trade Commission's recommendation as to whether any amendment to the antitrust laws should be enacted to correct any substantial lessening of competition found during the study. (d) Federal Agency Consideration.--Upon receipt of the report required by subsection (c), the Attorney General or the Chairman of the Federal Trade Commission, as appropriate, shall consider whether any additional enforcement action is required to restore competition or prevent a substantial lessening of competition occurring as a result of the conduct or practices that were the subject of the study conducted under subsection (b). SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Federal Trade Commission such sums as may be necessary to carry out the provisions of this Act.

Preserve Access to Affordable Generics Act - Amends the Clayton Act to make it unlawful for a person, in connection with the sale of a drug product, to be a party to any agreement resolving or settling a patent infringement claim in which: (1) an abbreviated new drug (generic) application filer receives anything of value; and (2) such filer agrees not to research, develop, manufacture, market, or sell the generic product for any period. Excludes a resolution or settlement that includes no more than the right to market the generic product prior to the expiration of the patent. Amends the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to set forth additional filing requirements related to agreements between a brand name drug company and a generic drug applicant. Requires the Chief Executive Officer or the company official responsible for negotiating any agreement to file a certification that materials filed with respect to such agreements: (1) are complete, final, and exclusive; (2) include any ancillary agreements that are contingent upon, provide a contingent condition for, or are otherwise related to, the agreement; and (3) include written descriptions of any relevant oral agreements, representations, commitments, or promises between the parties that have not been reduced to writing. Amends the Federal Food, Drug, and Cosmetic Act to provide that forfeiture of the 180-day exclusivity period for the marketing of a generic drug occurs if there is a final decision of the Federal Trade Commission (FTC) or the court that an agreement has violated this Act. Requires the FTC to study the prevalence of anticompetitive agreements in the pharmaceutical industry and their impact. Requires the Attorney General or FTC to consider whether any additional enforcement action is necessary. Authorizes appropriations.

{"src": "billsum_train", "title": "A bill to prohibit brand name drug companies from compensating generic drug companies to delay the entry of a generic drug into the market."}

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Keeping Promises to Taxpayers Act of 2012''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Repeal of employer health insurance mandate. Sec. 3. Repeal of excise tax on high cost employer-sponsored health coverage. Sec. 4. Repeal of over-the-counter drug limitation. Sec. 5. Repeal of increase in medical expense threshold. Sec. 6. Repeal of limitation on health flexible spending arrangements under cafeteria plans. Sec. 7. Repeal of annual fee on health insurance providers. Sec. 8. Repeal of annual fee on branded prescription pharmaceutical manufacturers and importers. Sec. 9. Repeal of excise tax on medical device manufacturers. Sec. 10. Repeal of tax on indoor tanning services. Sec. 11. Repeal of PCORTF and fees imposed on insured and self-insured health plans. Sec. 12. Repeal of increase in additional tax on non-qualified distributions from HSAs and Archer MSAs. Sec. 13. Repeal of tobacco product excise tax increase. SEC. 2. REPEAL OF EMPLOYER HEALTH INSURANCE MANDATE. (a) In General.--Chapter 43 of the Internal Revenue Code of 1986 is amended by striking section 4980H. (b) Repeal of Related Reporting Requirements.--Subpart D of part III of subchapter A of chapter 61 of such Code is amended by striking section 6056. (c) Conforming Amendments.-- (1) Subparagraph (B) of section 6724(d)(1) of such Code is amended by striking clause (xxv), by inserting ``or'' at the end of clause (xxiii), by striking ``or'' and inserting ``and'' at the end of clause (xxiv). (2) Paragraph (2) of section 6724(d) of such Code is amended by striking subparagraph (HH), by inserting ``or'' at the end of subparagraph (FF), and by striking ``or'' at the end of subparagraph (GG) and inserting a period. (3) The table of sections for chapter 43 of such Code is amended by striking the item relating to section 4980H. (4) The table of sections for subpart D of part III of subchapter A of chapter 61 of such Code is amended by striking the item relating to section 6056. (5) Section 1513 of the Patient Protection and Affordable Care Act is amended by striking subsection (c). (d) Effective Dates.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to months and other periods beginning after December 31, 2013. (2) Repeal of study and report.--The amendment made by subsection (c)(5) shall take effect on the date of the enactment of this Act. SEC. 3. REPEAL OF EXCISE TAX ON HIGH COST EMPLOYER-SPONSORED HEALTH COVERAGE. (a) In General.--Chapter 43 of the Internal Revenue Code of 1986 is amended by striking section 4980I. (b) Clerical Amendment.--The table of sections for chapter 43 of such Code is amended by striking the item relating to section 4980I. SEC. 4. REPEAL OF OVER-THE-COUNTER DRUG LIMITATION. (a) HSAs.--Subparagraph (A) of section 223(d)(2) of the Internal Revenue Code of 1986 is amended by striking the last sentence. (b) Archer MSAs.--Subparagraph (A) of section 220(d)(2) of such Code is amended by striking the last sentence. (c) Health Flexible Spending Arrangements and Health Reimbursement Arrangements.--Section 105 of such Code is amended by striking subsection (f). (d) Effective Dates.-- (1) Distributions.--The amendments made by subsections (a) and (b) shall apply to amounts paid with respect to taxable years beginning after the date of the enactment of this Act. (2) Reimbursements.--The amendment made by subsection (c) shall apply to expenses incurred with respect to taxable years beginning after the date of the enactment of this Act. SEC. 5. REPEAL OF INCREASE IN MEDICAL EXPENSE THRESHOLD. Section 9013 of the Patient Protection and Affordable Care Act, and the amendments made thereby, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied and administered as if such section and amendments had never been enacted. SEC. 6. REPEAL OF LIMITATION ON HEALTH FLEXIBLE SPENDING ARRANGEMENTS UNDER CAFETERIA PLANS. Section 125 of the Internal Revenue Code of 1986 is amended by striking subsection (i) and by redesignating subsections (j) and (k) as subsections (i) and (j), respectively. SEC. 7. REPEAL OF ANNUAL FEE ON HEALTH INSURANCE PROVIDERS. Section 9010 of the Patient Protection and Affordable Care Act is hereby repealed. SEC. 8. REPEAL OF ANNUAL FEE ON BRANDED PRESCRIPTION PHARMACEUTICAL MANUFACTURERS AND IMPORTERS. Effective for calendar years beginning after 2011, section 9008 of the Patient Protection and Affordable Care is repealed. SEC. 9. REPEAL OF EXCISE TAX ON MEDICAL DEVICE MANUFACTURERS. (a) In General.--Subchapter E of chapter 32 of the Internal Revenue Code of 1986 is hereby repealed. (b) Conforming Amendments.-- (1) Subsection (a) of section 4221 of such Code is amended by striking the last sentence. (2) Paragraph (2) of section 6416(b) of such Code is amended by striking the last sentence. (3) The table of subchapters for chapter 32 of such Code is amended by striking the item relating to subchapter E. SEC. 10. REPEAL OF TAX ON INDOOR TANNING SERVICES. (a) In General.--Chapter 49 of the Internal Revenue Code of 1986 is hereby repealed. (b) Clerical Amendment.--The table of chapters for subtitle D of such Code is amended by striking the item relating to chapter 49. (c) Effective Date.--The amendments made by this section shall apply to services performed after the date of the enactment of this Act. SEC. 11. REPEAL OF PCORTF AND FEES IMPOSED ON INSURED AND SELF-INSURED HEALTH PLANS. (a) Trust Fund.--Section 9511 of the Internal Revenue Code of 1986 is hereby repealed. (b) Insured and Self-Insured Health Plans Fee.--Subchapter B of chapter 34 of such Code is hereby repealed. (c) Clerical Amendments.-- (1) The table of sections for subchapter A of chapter 98 of such Code is amended by striking the item relating to section 9511. (2) The table of subchapters for chapter 34 of such Code is amended by striking the item relating to subchapter B. SEC. 12. REPEAL OF INCREASE IN ADDITIONAL TAX ON NON-QUALIFIED DISTRIBUTIONS FROM HSAS AND ARCHER MSAS. (a) HSAs.--Subparagraph (A) of section 223(f)(4) of the Internal Revenue Code of 1986 is amended by striking ``20 percent'' and inserting ``10 percent''. (b) Archer MSAs.--Subparagraph (A) of section 220(f)(4) of such Code is amended by striking ``20 percent'' and inserting ``10 percent''. (c) Effective Date.--The amendments made by this section shall apply to distributions made after the date of the enactment of this Act. SEC. 13. REPEAL OF TOBACCO PRODUCT EXCISE TAX INCREASE. (a) In General.--Each provision of the Internal Revenue Code of 1986 amended by section 701 of the Children's Health Insurance Program Reauthorization Act of 2009 is amended as such provision would read if such section had never been enacted. (b) Floor Stocks Refund.-- (1) In general.--On tobacco products and cigarette papers and tubes manufactured in or imported into the United States which are removed on or before the date of the enactment of this Act, and held on such date for sale by any person, 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 on the article over the amount of such tax which would be imposed on such article had the article been removed on the day after the date of the enactment of this Act. (2) Time for filing claims.--No credit or refund shall be allowed or made under this subsection unless claim therefor is filed with the Secretary of the Treasury before the date which is 6 months after the date of the enactment of this Act. (3) Definitions.--Any term used in this subsection which is also used in section 5702 of the Internal Revenue Code of 1986 shall have the same meaning as such term has in such section. (4) Controlled groups.--Rules similar to the rules of section 5061(e)(3) of such Code shall apply for purposes of this subsection. (c) Effective Date.--The amendments made by this section shall apply to articles removed (as defined in section 5702(j) of the Internal Revenue Code of 1986) after the date of the enactment of this Act.

Keeping Promises to Taxpayers Act of 2012 - Amends the Internal Revenue Code and the Patient Protection and Affordable Care Act to repeal certain health care-related taxes and other provisions, including: (1) the requirement that certain employers provide their employees with health insurance coverage and report on such coverage, (2) the excise tax on excess benefits from employer-sponsored health care coverage, (3) the requirement that distributions from a health savings account be used to pay for prescription drugs and insulin only (thus allowing for payment of over-the-counter medications), (4) the increase (from 7.5% to 10%) in the income threshold for the medical expense tax deduction, (5) the $2,500 limitation on contributions to health flexible spending arrangements, (6) the annual fees required for businesses providing health insurance and manufacturers or importers of branded prescription drugs, (7) the Patient-Centered Outcomes Research Trust Fund, (8) the fee imposed on insured and self-insured health plans, (9) the excise taxes on medical device manufacturers and importers and on indoor tanning services, (10) the increase (from 10% to 20%) in the penalty for distributions from health savings accounts and Archer medical savings accounts not used for qualified medical expenses, and (11) the increase in the tobacco production excise tax.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to repeal certain tax increases."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Infrastructure Development and Partnerships Act''. SEC. 2. RURAL PARTNERSHIPS OFFICE. (a) Establishment.--There is established in the Department of Agriculture a Rural Partnerships Office (in this section referred to as the ``Office''). (b) Head of Office.--The Office shall be headed by a Director appointed by the President. (c) Direct Reporting to Secretary of Agriculture.--The Director shall report directly to the Secretary of Agriculture (in this section referred to as the ``Secretary''). (d) Duties.--The Secretary, through the Rural Partnerships Office, shall do the following: (1) Rural partners program.--Establish and run a program to provide technical assistance to improve delivery, financing, operations, and maintenance of rural infrastructure, as follows: (A) Through a competitive process, select not more than 5 organizations to serve as ``on-call'' providers of on-site technical assistance to rural communities. (B) Solicit applications from rural communities for technical assistance with infrastructure planning, asset management, life-cycle accounting, project delivery, financing, regional coordination, and project oversight. (C) Require an application for technical assistance from the program to include only a statement of the type of assistance requested, and of how the applicant believes the assistance would improve rural infrastructure, and any other information necessary to demonstrate the ability of the rural community to participate in the program. (D) Involve the Rural Liaison in each relevant Federal agency in the review of each application for technical assistance from the program. (E) Assign a technical assistance team to each applicant for technical assistance from the program whose application is approved by the Secretary, which shall provide the assistance for a period of not more than 2 years, with the goal that technical assistance personnel will be on-site in the rural community for a significant portion of that period, and require the team to submit to the Secretary and the Rural Liaison in each relevant Federal agency quarterly reports which summarize the activities of, and progress made by, the team during the quarter, including an accounting of for how much time the team spent in the community. (F) Coordinate the program with the Rural Water and Wastewater Circuit Rider Program carried out under section 306(a)(22) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(22)), technical assistance provided out under section 1442 of the Safe Drinking Water Act (42 U.S.C. 300j-1), the program for assistance for capacity building for community development and affordable housing under section 4 of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), and any other activities under which technical assistance may be provided so as to affect rural infrastructure, in order to avoid duplication of effort. (2) Best practices clearinghouse.--Establish an online clearinghouse of best practices specifically targeted to rural infrastructure planning, asset management, life-cycle accounting, project delivery, funding and financing, regional coordination, and project oversight, including resources prepared by Federal agencies and other sources. (3) Grants.--Make grants to assist rural communities in developing cost-effective infrastructure projects, with particular focus on regionally coordinated or bundled projects, and require an application for such a grant to include only such documentation as is necessary to demonstrate the potential for a viable project, and to be submitted by the State, local, or regional governmental entity with primary responsibility for the project. (4) Coordination of rural liasions.--Facilitate coordination of the Rural Liaisons to develop, to the extent practical, common guidelines for rural funding or financing programs at the various Federal agencies, as well as to identify opportunities to work across agencies to support rural infrastructure needs. (5) Annual reports.--Within 60 days after the end of each fiscal year, publish an annual report on the activities of the Office during the preceding fiscal year, including the status of activities funded or assisted under the technical assistance program, and submit a copy of the report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. SEC. 3. RURAL LIAISONS. (a) Designation in Each Federal Agency.--The head of each Federal agency that provides financial assistance to a rural community for an activity related to rural infrastructure, shall designate a Rural Liaison in the agency. (b) Duties.--The Rural Liaison in a Federal agency shall do the following: (1) Review regulations of, guidance provided by, and procedures of the agency to identify any that present a hardship for a rural community, and recommend ways to alleviate the hardship. (2) Participate in the review of applications referred to in section 2(d)(1)(C). (3) Serve as an ombudsperson for any rural community to which the agency is providing financial assistance, to help address issues and resolve problems. (4) Meet regularly with other Rural Liaisons to coordinate efforts and identify ways to work together to support rural infrastructure needs. SEC. 4. DEFINITIONS. In this Act: (1) Relevant federal agency.--The term ``relevant Federal agency'' means, with respect to an application for technical assistance, each Federal agency that provides financial assistance to a rural community for an activity related to rural infrastructure with respect to which the technical assistance is sought. (2) Rural area.--The term ``rural area'' means any area located outside an urbanized area (as defined by the Bureau of the Census) with a population of 50,000 or more. (3) Rural community.--The term ``rural community'' means any community located in a rural area. (4) Rural infrastructure.--The term ``rural infrastructure'' means surface, maritime, air transportation, water, wastewater, broadband, and energy facilities and operations, and public buildings, including schools, in a rural area.

Rural Infrastructure Development and Partnerships Act This bill establishes within the Department of Agriculture a Rural Partnerships Office to be headed by a director appointed by the President. The duties of the office include: establishing and running a program to provide technical assistance to improve delivery, financing, operations, and maintenance of rural infrastructure; establishing an online clearinghouse of best practices; providing grants to assist rural communities in developing cost-effective infrastructure projects; and coordinating activities of rural liaisons to develop guidelines for rural funding or financing programs at federal agencies and identify opportunities to work across agencies. The bill also requires each federal agency that provides financial assistance to a rural community for an activity related to rural infrastructure to designate a rural liaison to: review and make recommendations regarding regulations, guidance, and procedures that present hardships to rural communities; participate in reviewing applications for technical assistance; serve as an ombudsperson for rural communities; and meet regularly with other rural liaisons to coordinate efforts and identify ways to work together to support rural infrastructure needs.

{"src": "billsum_train", "title": "Rural Infrastructure Development and Partnerships Act"}

SECTION 1. MODIFICATION OF POLICY ON PLUTONIUM USE. (a) Findings.--The Congress finds the following: (1) All grades of plutonium, irrespective of their designation as civil or military, can be used to make nuclear explosive devices. (2) The Department of Defense has stated its view that the proliferation risks posed by reprocessing and separated plutonium under international safeguards are unacceptably high. (3) The Deputy Director of the International Atomic Energy Agency stated that the excess of plutonium from civilian nuclear programs poses a major political and security problem worldwide. (4) Reprocessing programs that will produce large stockpiles of civil plutonium in nations not deemed to pose a proliferation risk may encourage or be used to justify such programs in nations and regions that pose a proliferation risk. (5) There are already large surplus stockpiles of separated plutonium in the world. (6) Abundant and inexpensive global sources of uranium and uranium enrichment services have steadily eroded the economic need for the use of plutonium in civilian nuclear reactors. (7) Breeder reactors were once supposed to be the principal consumers of civil plutonium but have now encountered major financial and technical problems and recently have been abandoned or shut down in Germany, France, and Britain and have suffered major delays in Japan. (8) Reprocessing was once regarded as an economic and efficient approach to nuclear fuel recycling and waste management but is now widely recognized as extremely costly and posing major environmental hazards. (9) The United States has suspended the production of military plutonium and has abandoned civil reprocessing and commercial breeder reactor development in the United States. (10) The plutonium to be recovered from dismantled United States and Russian warheads will further augment large surplus stockpiles of separated plutonium in the world. (11) Russia continues to separate plutonium for both civil and military purposes and has accumulated a surplus of some 30 tons of civil plutonium, for which there is no safe, commercially viable application. (12) Much of the world surplus of civil plutonium has resulted from reprocessing in the United Kingdom, France, and Japan of spent fuel derived from United States-origin low enriched uranium, and the United States continues to bear responsibility for the transfer and disposition of such material under nuclear cooperation agreements with these countries. (13) Enormous amounts of additional civil plutonium, exceeding the amounts of plutonium now contained in nuclear weapons, may soon be recovered in reprocessing plants that are to be started up or constructed in the United Kingdom, France, and Japan in the near future. (14) Once these new plants start up and become contaminated with radiation, the environmental difficulties of shutdown and clean-up increase dramatically. (15) The new Thermal Oxide Reprocessing Plant (THORP) in the United Kingdom, if operated as proposed, will separate 59 tons of plutonium from spent fuel over the next decade. (16) The President has written to Members of Congress that he has asked for a review of United States nonproliferation policies, including specific attention to the issue of British reprocessing. (17) The Irish government declared on February 1st that the bringing on stream of THORP represents an additional and unnecessary risk to the health and safety of the Irish population and that the accumulation of plutonium with no commercial use constitutes a grave proliferation risk. (18) The parties to the 1974 Convention for the Prevention of Marine Pollution from Land-based Sources agreed on June 16 that a new or revised discharge authorization for radioactive discharges from nuclear reprocessing installations should only be issued by national authorities if special consideration is given to information on the need for spent fuel reprocessing and on other options, a full environmental impact statement, and other criteria. (19) The Government of the United Kingdom is currently conducting an internal review, scheduled to be completed this year, to determine if THORP will be allowed to start up or if an independent public inquiry into its operation will be held prior to a start-up determination. (20) In a June 1993 report by the General Accounting Office entitled ``Nuclear Non-Proliferation: Japan's Shipment of Plutonium Raises Concerns about Reprocessing'', a British Government official was quoted as stating that the rationale for operating THORP is no longer valid because THORP cannot be a financially successful venture, and that without economic justification to engage in commercial reprocessing, the basis for reprocessing in the United Kingdom has collapsed. (b) Sense of Congress.--It is the sense of Congress that the start- up or continued operation of any plutonium separation plant presents serious environmental hazards and increases the risk of nuclear proliferation and therefore should be suspended until the outstanding proliferation and environmental concerns set forth in subsection (a) have been thoroughly addressed and resolved. (c) Presidential Action.--The Congress urges the President-- (1) to convey the sense of the Congress set forth in subsection (b) to the Governments of the United Kingdom, France, Japan, and Russia; and (2) to address the proliferation and environmental implications of THORP in high-level bilateral discussions with the Government of the United Kingdom before the conclusion of the review described in subsection (a)(19).

Expresses the sense of the Congress that the start-up or continued operation of any plutonium separation plant presents serious environmental hazards and increases the risk of nuclear proliferation and should be suspended until specified proliferation and environmental concerns have been resolved. Urges the President to: (1) convey such opinion to the Governments of the United Kingdom, France, Japan, and Russia; and (2) address the proliferation and environmental implications of the new Thermal Oxide Reprocessing Plant (THORP) in the United Kingdom in high-level discussions with the Government of the United Kingdom before the conclusion of such Government's internal review of whether THORP will be allowed to start up.

{"src": "billsum_train", "title": "To address the policy of the United States on plutonium use."}

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Rural States Physician Recruitment and Retention Demonstration Act of 2000''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Rural States Physician Recruitment and Retention Demonstration Program. Sec. 4. Establishment of the Health Professions Database. Sec. 5. Evaluation and reports. Sec. 6. Contracting flexibility. SEC. 2. DEFINITIONS. In this Act: (1) COGME.--The term ``COGME'' means the Council on Graduate Medical Education established under section 762 of the Public Health Service Act (42 U.S.C. 294o). (2) Demonstration program.--The term ``demonstration program'' means the Rural States Physician Recruitment and Retention Demonstration Program established by the Secretary under section 3(a). (3) Demonstration states.--The term ``demonstration States'' means the 2 States selected by the Secretary that, based upon 1998 data, have-- (A) an uninsured population above 20 percent (as determined by the Bureau of the Census); (B) a population eligible for medical assistance under the medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) above 17 percent (as determined by the Health Care Financing Administration); (C) an unemployment rate above 4.8 percent (as determined by the Bureau of Labor Statistics); (D) an average per capita income below $21,200 (as determined by the Bureau of Economic Analysis); and (E) a geographic practice cost indices component of the reimbursement rate for physicians under the medicare program that is below the national average (as determined by the Health Care Financing Administration). (4) Eligible residency or fellowship graduate.--The term ``eligible residency or fellowship graduate'' means a graduate of an approved medical residency training program (as defined in section 1886(h)(5)(A) of the Social Security Act (42 U.S.C. 1395ww(h)(5)(A))) in a shortage physician specialty. (5) Health professions database.--The term ``Health Professions Database'' means the database established under section 4(a). (6) Medicare program.--The term ``medicare program'' means the health benefits program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). (7) MedPAC.--The term ``MedPAC'' means the Medicare Payment Advisory Commission established under section 1805 of the Social Security Act (42 U.S.C. 1395b-6). (8) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (9) Shortage physician specialties.--The term ``shortage physician specialty'' means a medical or surgical specialty identified in a demonstration State by the Secretary based on-- (A) an analysis and comparison of National data and demonstration State data; and (B) recommendations from appropriate Federal, State, and private commissions, centers, councils, medical and surgical physician specialty boards, and medical societies or associations involved in physician workforce, education and training, and payment issues. SEC. 3. RURAL STATES PHYSICIAN RECRUITMENT AND RETENTION DEMONSTRATION PROGRAM. (a) Establishment.-- (1) In general.--The Secretary shall establish a Rural States Physician Recruitment and Retention Demonstration Program for the purpose of ameliorating physician shortage, recruitment, and retention problems in rural States in accordance with the requirements of this section. (2) Consultation.--For purposes of establishing the demonstration program, the Secretary shall consult with-- (A) COGME; (B) MedPAC; (C) a representative of each demonstration State medical society or association; (D) the health workforce planning and physician training authority of each demonstration State; and (E) any other entity described in section 2(9)(B). (b) Duration.--The Secretary shall conduct the demonstration program for a period of 10 years. (c) Conduct of Program.-- (1) Funding of additional residency and fellowship positions.-- (A) In general.--As part of the demonstration program, the Secretary (acting through the Administrator of the Health Care Financing Administration) shall-- (i) waive any limitation under section 1886 of the Social Security Act (42 U.S.C. 1395ww) with respect to the number of residency and fellowship positions; (ii) increase by up to 15 percent of the total number residency and fellowship positions approved at each medical residency training program in each demonstration State the number of residency and fellowships in each shortage physician specialty; and (iii) subject to subparagraph (C), provide funding for such additional positions under subsections (d)(5)(B) and (h) of section 1886 of the Social Security Act (42 U.S.C. 1395ww). (B) Establishment of additional positions.-- (i) Identification.--The Secretary shall identify each additional residency and fellowship position created as a result of the application of subparagraph (A). (ii) Negotiation and consultation.--The Secretary shall negotiate and consult with representatives of each approved medical residency training program in a demonstration State at which a position identified under clause (i) is created for purposes of supporting such position. (C) Contracts with residents and fellows.-- (i) In general.--The Secretary shall condition the availability of funding for each residency and fellowship position identified under subparagraph (B)(i) on the execution of a contract containing the provisions described in clause (ii) by each individual accepting such a residency or fellowship position. (ii) Provisions described.--The provisions described in this clause provide that, upon completion of the residency or fellowship, the individual completing such residency or fellowship will practice in the demonstration State in which such residency or fellowship was completed that is designated by the contract for 1 year for each year of training under the residency or fellowship in the demonstration State. (iii) Construction.--The period that the individual practices in the area designated by the contract shall be in addition to any period that such individual practices in an area designated under a contract executed pursuant to paragraph (2)(C). (D) Limitations.-- (i) Period of payment.--The Secretary may not fund any residency of fellowship position identified under subparagraph (B)(i) for a period of more than 5 years. (ii) Phase-out of program.--The Secretary may not enter into any contract under subparagraph (C) after the date that is 5 years after the date on which the Secretary establishes the demonstration program. (2) Loan repayment and forgiveness program.-- (A) In general.--As part of the demonstration program, the Secretary (acting through the Administrator of Health Resources and Services Administration) shall establish a loan repayment and forgiveness program, through the holder of the loan, under which the Secretary assumes the obligation to repay a qualified loan amount for an educational loan of an eligible residency or fellowship graduate-- (i) for which the Secretary has approved an application submitted under subparagraph (D); and (ii) with which the Secretary has entered into a contract under subparagraph (C). (B) Qualified loan amount.-- (i) In general.--Subject to clause (ii), the Secretary shall repay not more than $25,000 per graduate per year of the loan obligation on a loan that is outstanding during the period that the eligible residency or fellowship graduate practices in the area designated by the contract entered into under subparagraph (C). (ii) Limitation.--The aggregate amount under this subparagraph shall not exceed $125,000 for any graduate and the Secretary may not repay or forgive more than 30 loans per year in each demonstration State under this paragraph. (C) Contracts with residents and fellows.-- (i) In general.--Each eligible residency or fellowship graduate desiring repayment of a loan under this paragraph shall execute a contract containing the provisions described in clause (ii). (ii) Provisions.--The provisions described in this clause are provisions that require the eligible residency or fellowship graduate to practice in a demonstration State during the period in which a loan is being repaid or forgiven under this section. (D) Application.-- (i) In general.--Each eligible residency or fellowship graduate desiring repayment of a loan under this paragraph shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (ii) Phase-out of loan repayment and forgiveness program.--The Secretary may not accept an application for repayment of any loan under this paragraph after the date that is 5 years after the date on which the demonstration program is established. (E) Construction.--Nothing in the section shall be construed to authorize any refunding of any repayment of a loan. (F) Prevention of double benefits.--No borrower may, for the same service, receive a benefit under both this paragraph and any loan repayment or forgiveness program under title VII of the Public Health Service Act (42 U.S.C. 292 et seq.). (d) Waiver of Medicare Requirements.--The Secretary is authorized to waive any requirement of the medicare program, or approve equivalent or alternative ways of meeting such a requirement, if such waiver is necessary to carry out the demonstration program, including the waiver of any limitation on the amount of payment or number of residents under section 1886 of the Social Security Act (42 U.S.C. 1395ww). (e) Appropriations.-- (1) Funding of additional residency and fellowship positions.--Any expenditures resulting from the establishment of the funding of additional residency and fellowship positions under subsection (c)(1) shall be made from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act (42 U.S.C. 1395i). (2) Loan repayment and forgiveness program.--There are authorized to be appropriated such sums as may be necessary to carry out the loan repayment and forgiveness program established under subsection (c)(2). SEC. 4. ESTABLISHMENT OF THE HEALTH PROFESSIONS DATABASE. (a) Establishment of the Health Professions Database.-- (1) In general.--Not later than 7 months after the date of enactment of this Act, the Secretary (acting through the Administrator of Health Resources and Services Administration) shall establish a State-specific health professions database to track health professionals in each demonstration State with respect to specialty certifications, practice characteristics, professional licensure, practice types, locations, education, training, as well as obligations under the demonstration program as a result of the execution of a contract under paragraph (1)(C) or (2)(C) of section 3(c). (2) Data sources.--In establishing the Health Professions Database, the Secretary shall use the latest available data from existing health workforce files, including the AMA Master File, State databases, specialty medical society data sources and information, and such other data points as may be recommended by COGME, MedPAC, the National Center for Workforce Information and Analysis, or the medical society of the respective demonstration State. (b) Availability.-- (1) During the program.--During the demonstration program, data from the Health Professions Database shall be made available to the Secretary, each demonstration State, and the public for the purposes of-- (A) developing a baseline and to track changes in a demonstration State's health professions workforce; (B) tracking direct and indirect graduate medical education payments to hospitals; (C) tracking the forgiveness and repayment of loans for educating physicians; and (D) tracking commitments by physicians under the demonstration program. (2) Following the program.--Following the termination of the demonstration program, a demonstration State may elect to maintain the Health Professions Database for such State at its expense. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for the purpose of carrying out this section. SEC. 5. EVALUATION AND REPORTS. (a) Evaluation.-- (1) In general.--COGME and MedPAC shall jointly conduct a comprehensive evaluation of the demonstration program established under section 3. (2) Matters evaluated.--The evaluation conducted under paragraph (1) shall include an analysis of the effectiveness of the funding of additional residency and fellowship positions and the loan repayment and forgiveness program on physician recruitment, retention, and specialty mix in each demonstration State. (b) Progress Reports.-- (1) COGME.--COGME shall submit a report on the progress of the demonstration program to the Secretary and Congress 1 year after the date on which the Secretary establishes the demonstration program, 5 years after such date, and 10 years after such date. (2) MedPAC.--MedPAC shall submit biennial reports on the progress of the demonstration program to the Secretary and Congress. (c) Final Report.--Not later than 1 year after the date on which the demonstration program terminates, COGME and MedPAC shall submit a final report to the President, Congress, and the Secretary which shall contain a detailed statement of the findings and conclusions of COGME and MedPAC, together with such recommendations for such legislation and administrative actions as COGME and MedPAC consider appropriate. (d) Authorization of appropriations.--There are authorized to be appropriated to COGME such sums as may be necessary for the purpose of carrying out this section. SEC. 6. CONTRACTING FLEXIBILITY. For purposes of conducting the demonstration program and establishing and administering the Health Professions Database, the Secretary may procure temporary and intermittent services under section 3109(b) of title 5, United States Code.

Authorizes the Secretary to waive any requirements under title XVIII (Medicare) of the Social Security Act if necessary to carry out the ten-year demonstration program. Directs the Secretary to establish a State-specific health professions database to track health professionals in each demonstration State with respect to specialty certifications and related practice, license, and training information. Requires a joint demonstration program evaluation by the Council on Graduate Medical Education and the Medicare Payment Advisory Commission.

{"src": "billsum_train", "title": "Rural States Physician Recruitment and Retention Demonstration Act of 2000"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Regulatory Right-to-Know Act of 1999''. SEC. 2. PURPOSES. The purposes of this Act are to-- (1) promote the public right-to-know about the costs and benefits of Federal regulatory programs and rules; (2) increase Government accountability; and (3) improve the quality of Federal regulatory programs and rules. SEC. 3. DEFINITIONS. In this Act: (1) In general.--Except as otherwise provided in this section, the definitions under section 551 of title 5, United States Code, shall apply to this Act. (2) Benefit.--The term ``benefit'' means the reasonably identifiable significant favorable effects, quantifiable and nonquantifiable, including social, health, safety, environmental, economic, and distributional effects, that are expected to result from implementation of, or compliance with, a rule. (3) Cost.--The term ``cost'' means the reasonably identifiable significant adverse effects, quantifiable and nonquantifiable, including social, health, safety, environmental, economic, and distributional effects, that are expected to result from implementation of, or compliance with, a rule. (4) Director.--The term ``Director'' means the Director of the Office of Management and Budget, acting through the Administrator of the Office of Information and Regulatory Affairs. (5) Major rule.--The term ``major rule'' means any rule as that term is defined under section 804(2) of title 5, United States Code. (6) Program element.--The term ``program element'' means a rule or related set of rules. SEC. 4. ACCOUNTING STATEMENT. (a) In General.--Not later than February 5, 2001, and each year thereafter, the President, acting through the Director of the Office of Management and Budget, shall prepare and submit to Congress, with the budget of the United States Government submitted under section 1105 of title 31, United States Code, an accounting statement and associated report containing-- (1) an estimate of the total annual costs and benefits of Federal regulatory programs, including rules and paperwork-- (A) in the aggregate; (B) by agency, agency program, and program element; and (C) by major rule; (2) an analysis of direct and indirect impacts of Federal rules on Federal, State, local, and tribal government, the private sector, small business, wages, and economic growth; and (3) recommendations to reform inefficient or ineffective regulatory programs or program elements. (b) Benefits and Costs.--To the extent feasible, the Director shall quantify the net benefits or net costs under subsection (a)(1). (c) Years Covered by Accounting Statement.--Each accounting statement submitted under this Act shall cover, at a minimum, the costs and corresponding benefits for each of the 4 fiscal years preceding the year in which the report is submitted. The statement may cover any year preceding such years for the purpose of revising previous estimates. SEC. 5. NOTICE AND COMMENT. (a) In General.--Before submitting a statement and report to Congress under section 4, the Director of the Office of Management and Budget shall-- (1) provide public notice and an opportunity to comment on the statement and report; and (2) consult with the Comptroller General of the United States on the statement and report. (b) Appendix.--After consideration of the comments, the Director shall incorporate an appendix to the report addressing the public comments and peer review comments under section 7. SEC. 6. GUIDANCE FROM THE OFFICE OF MANAGEMENT AND BUDGET. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Council of Economic Advisors, shall issue guidelines to agencies to standardize-- (1) most plausible measures of costs and benefits; and (2) the format of information provided for accounting statements. (b) Review.--The Director shall review submissions from the agencies to ensure consistency with the guidelines under this section. SEC. 7. PEER REVIEW. (a) In General.--The Director of the Office of Management and Budget shall arrange for a nationally recognized public policy research organization with expertise in regulatory analysis and regulatory accounting to provide independent and external peer review of the guidelines and each accounting statement and associated report under this Act before such guidelines, statements, and reports are made final. (b) Written Comments.--The peer review under this section shall provide written comments to the Director in a timely manner. The Director shall use the peer review comments in preparing the final guidelines, statements, and associated reports. (c) FACA.--Peer review under this section shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.).

Regulatory Right-to-Know Act of 1999 - Directs the President, acting through the Director of the Office of Management and Budget to submit to the Congress, with the Federal budget each year, an accounting statement and associated report containing: (1) an estimate of the total annual costs and benefits of Federal regulatory programs in the aggregate; by agency, agency program, and program element; and by major rule; (2) an analysis of direct and indirect impacts of Federal rules on Federal, State, local, and tribal government, the private sector, small business, wages, and economic growth; and (3) recommendations to reform inefficient or ineffective regulatory programs or program elements. Requires the accounting statement to cover, at a minimum, the costs and corresponding benefits for the four preceding fiscal years. Requires the Director: (1) before submitting such statement and report, to provide public notice and an opportunity to comment and to consult with the Comptroller General; and (2) to incorporate an appendix to the report addressing public and peer review comments. Requires the Director to: (1) issue guidelines to agencies to standardize most plausible measures of costs and benefits and the format of information provided for accounting statements; and (2) review agency submissions for consistency with such guidelines. Directs the Director to arrange for a nationally recognized public policy research organization with expertise in regulatory analysis and regulatory accounting to provide independent and external peer review of the guidelines and each accounting statement and associated report before such guidelines, statements, and reports are made final.

{"src": "billsum_train", "title": "Regulatory Right-to-Know Act of 1999"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Railroad Safety and Positive Train Control Extension Act''. SEC. 2. IMPLEMENTATION DEADLINE. (a) Technology Implementation Plan.--Section 20156(e)(4) of title 49, United States Code, is amended to read as follows: ``(4) Positive train control.-- ``(A) In general.--Except as required by section 20157 (relating to the requirements for implementation of positive train control systems), the Secretary shall ensure that each railroad carrier's technology implementation plan required under paragraph (1) that includes a schedule for implementation of a positive train control system complies with that schedule. ``(B) Rule of construction.--Nothing in this section shall be construed as requiring the installation of positive train control on railroad tracks if-- ``(i) positive train control is not required on those tracks under section 20157; and ``(ii) the railroad does not choose to implement positive train control as a technology on those tracks under this section.''. (b) Extension of Deadline.--Section 20157 of title 49, United States Code, is amended-- (1) in subsection (a)(1)-- (A) by striking ``Not later than 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, each'' and inserting ``Each''; and (B) by striking ``by December 31, 2015'' and inserting ``by December 31, 2020''; and (2) in subsection (a)(1)(B), by striking ``transported'' and inserting ``transported on or after December 31, 2015''. SEC. 3. AUTHORITY OF SECRETARY OF TRANSPORTATION TO EXTEND IMPLEMENTATION DEADLINE. (a) In General.--Section 20157 of title 49, United States Code, as amended by section 2(b) of this Act, is further amended-- (1) in subsection (a)(1), by striking ``Each Class I'' and inserting ``Except as provided under subsection (i), each Class I''; (2) by redesignating subsection (i) as subsection (j); and (3) by inserting before subsection (j), as redesignated, the following: ``(i) Implementation Extensions.-- ``(1) In general.--The Secretary may extend in 1-year increments, upon application, the deadline for implementing a positive train control system under subsection (a)(1) for an applicant, if the Secretary determines that-- ``(A) full implementation will likely be infeasible due to circumstances beyond the control of the applicant, including funding availability, spectrum acquisition, resource and technology availability, software development and testing, availability of alternate risk reduction strategies, and interoperability standards; ``(B) the applicant has demonstrated good faith in its positive train control system implementation; ``(C) the applicant has presented a revised plan for implementing a positive train control system indicating how the applicant will fully implement a positive train control system as soon as feasible, but not later than December 31, 2022; and ``(D) the extension will not extend later than December 31, 2022. ``(2) Considerations.--In making a determination under paragraph (1), the Secretary shall consider-- ``(A) whether the affected areas of track have been identified as areas of greater risk to the public and railroad employees in the applicant's positive train control implementation plan under section 236.1011(a)(4) of title 49, Code of Federal Regulations (relating to PTC Implementation Plan content requirements); and ``(B) the risk of operational failure to the affected service areas and the applicant. ``(3) Review.--Not later than 10 days after the Secretary receives an application under paragraph (1), the Secretary shall review and approve or disapprove the application.''. (b) Conforming Amendment.--Section 20156(e)(2) of title 49, United States Code, is amended by striking ``as defined in section 20157(i)'' and inserting ``as defined in section 20157(j)''. SEC. 4. EQUIPPING LOCOMOTIVES OPERATING IN POSITIVE TRAIN CONTROL TERRITORY. Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall revise section 236.1006(b)(4)(iii)(B) of title 49, Code of Federal Regulations (relating to equipping locomotives operating in PTC territory) to extend each deadline 5 years.

Railroad Safety and Positive Train Control Extension Act - Revises the railroad safety risk reduction program. Extends from December 31, 2015, to December 31, 2020, the deadline for submission to the Secretary of Transportation (DOT) by each Class I railroad carrier and each entity providing regularly scheduled intercity or commuter rail passenger transportation of a plan for implementing a positive train control (PTC) system on certain of its tracks. Authorizes the Secretary to extend the implementation deadline, upon application, in one-year increments, if specified circumstances exist. Directs the Secretary to revise federal regulations requiring a Class II or III railroad (including a tourist or excursion railroad) to equip its locomotives with an onboard PTC system to operate in PTC territory. Extends for five years the time for such railroad to meet the deadline for equipping its locomotives with a PTC system.

{"src": "billsum_train", "title": "Railroad Safety and Positive Train Control Extension Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Utilizing DNA Technology to Solve Cold Cases Act of 2010''. SEC. 2. ENHANCED SEARCHES. (a) Familial Searches.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Attorney General shall adopt policies and procedures in accordance with this section to ensure that-- (A) the Federal Bureau of Investigation may conduct familial searches for DNA samples collected from crime scenes in Federal investigations; (B) a State law enforcement agency may request that the Federal Bureau of Investigation conduct familial searches for DNA samples collected from crime scenes in State investigations; and (C) the privacy interests of persons identified in familial searches are carefully protected. (2) Search requirements.--Familial searches conducted by the Federal Bureau of Investigation under this section shall be conducted only under the following circumstances: (A) No identical match for the DNA sample collected from a crime scene can be identified in the offender index. (B) The investigation for which DNA samples are collected at a crime scene involves one or more of the following offenses under Federal or State law: (i) An offense of murder, voluntary manslaughter, or any attempt to commit murder or voluntary manslaughter. (ii) A specified offense against a minor (as such term is defined in section 111(7) of the Sex Offender Registration and Notification Act (42 U.S.C. 16911(7))), or an attempt to commit such a specified offense. (iii) An offense or attempt to commit an offense that-- (I) involves a sexual act or sexual contact with another; and (II) is punishable by imprisonment for more than one year. (3) Requesting state law enforcement agency.--A State law enforcement agency making a request for a familial search under this section shall-- (A) before making such request, have in place a written policy that-- (i) establishes the criteria and procedures for requesting a familial search and for evaluating a familial match; and (ii) is consistent with any regulations issued by the Attorney General pursuant to this section; and (B) each time a familial search request is made, make such policy available to the Attorney General. (4) Reporting of matches.--Any familial match resulting from a request for a familial search that complies with the requirements of this section shall be reported to a laboratory authorized as a Combined DNA Index System laboratory in the jurisdiction of the State law enforcement agency requesting information related to such match. (b) Report.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Attorney General shall submit to the chair and ranking member of the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report on compliance with this section. Each such report shall contain the following information: (1) The number of familial searches requested by State law enforcement agencies. (2) The number of familial searches conducted under this section. (3) The number of familial matches found as a result of such searches. (4) The status of any case in which such a familial match was found. (c) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Attorney General shall issue regulations to carry out this section. (d) Definitions.--In this section: (1) The term ``familial search'' means a search of the offender index in which a DNA sample from an unknown source collected from a crime scene is compared to such offender index to determine if a familial match exists between the DNA profile contained in such index and the DNA sample collected from the crime scene. (2) The term ``familial match'' means-- (A) a match of at least 1 shared allele at 15 loci between a DNA profile in the offender index and a DNA sample collected at a crime scene; or (B) any other genetic association the Attorney General determines is sufficient to constitute such a match. (3) The term ``offender index'' means the database containing information on individuals convicted of sex offenses and other violent crimes in the National DNA Index System established under section 210304 of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322, 108 Stat. 1796). (4) The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands.

Utilizing DNA Technology to Solve Cold Cases Act of 2010 - Requires the Attorney General to adopt policies and procedures to ensure that: (1) the Federal Bureau of Investigation (FBI) may conduct familial searches for DNA samples collected from crime scenes; (2) state law enforcement agencies may request that the FBI conduct such searches in state investigations; and (3) the privacy interests of persons identified in familial searches are protected. Defines "familial search" as a search of the offender index in the National DNA Index System in which a DNA sample from an unknown source collected from a crime scene is compared to such index to determine if a familial match exists between the DNA profile contained in such index and the DNA sample collected from the crime scene. Allows FBI familial searches to be conducted only if: (1) no identical match for a DNA sample collected from a crime scene can be identified in the offender index; and (2) the investigation for which DNA samples are collected involves murder, manslaughter, a sex offense against a minor, sexual assault, or an offense that involves a sexual act or sexual contact with another and that is punishable by imprisonment for more than one year.

{"src": "billsum_train", "title": "To direct the Attorney General to design and implement a procedure to permit enhanced searches of the National DNA Index System."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Energy, Fuel Reduction, and Economic Stabilization and EnHancement Act of 2007'' or the ``REFRESH Act''. TITLE I--RENEWABLE ENERGY INCENTIVES SEC. 101. GEOTHERMAL POWER. (a) In General.--The Secretary of Energy, acting through the Office of Energy Efficiency and Renewable Energy (referred to in this title as the ``Secretary''), shall make grants to eligible entities (as determined by the Secretary) to promote geothermal power development, including high- and low-temperature geothermal power development. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $100,000,000. SEC. 102. OCEAN ENERGY. (a) In General.--The Secretary shall make grants to eligible entities (as determined by the Secretary) to develop all forms of ocean energy (including wave, current, tidal, and thermal energy). (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $100,000,000. SEC. 103. PLUG-IN HYBRID ELECTRIC-COMBUSTION ENGINE VEHICLES. (a) In General.--The Secretary shall make grants to eligible entities (as determined by the Secretary) to assist in the development of new technology (including storage batteries or other forms of technology) to assist automobile manufactures in the production of plug-in hybrid electric-combustion engine vehicles. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $100,000,000. TITLE II--FUEL EFFICIENCY STANDARDS SEC. 201. TRUTH IN TESTING OF CAFE STANDARDS. (a) Testing and Calculation Procedures.-- (1) In general.--Section 32904(c) of title 49, United States Code, is amended by striking ``However, except under section 32908 of this title, the Administrator shall use the same procedures for passenger automobiles the Administrator used for model year 1975 (weighted 55 percent urban cycle and 45 percent highway cycle),'' and insert ``In measuring fuel economy under this subsection, the Administrator shall use the procedures described in the final rule relating to fuel economy labeling published in the Federal Register on December 27, 2006 (71 Fed. Reg. 77,872; to be codified at 40 C.F.R. parts 86 and 600)''. (2) Effective date.--Paragraph (1) shall take effect on the date that is 5 years after the date of the enactment of this Act and shall apply to passenger automobiles manufactured after such date. (b) Study and Report.-- (1) Study.--The Administrator of the National Highway Traffic Safety Administration shall conduct a study of the anticipated economic impacts and fuel saving benefits that would result from a requirement that all vehicles manufactured for sale in the United States with a gross vehicle weight of not less than 10,000 pounds meet specific average fuel economy standards. (2) Report.--Not later than 2 years after the date of the enactment of this Act, the Administrator shall submit a report to Congress that includes-- (A) the results of the study conducted under paragraph (1); and (B) a recommendation on whether the vehicles described in paragraph (1) should be subject to average fuel economy standards. SEC. 202. TIRE RESISTANCE STANDARDS. Section 30123 of title 49, United States Code, is amended by adding at the end the following: ``(d) Low Rolling Resistance Tires.--Not later than 5 years after the date of the enactment of this subsection, all passenger automobile tires sold in the United States shall meet the low rolling resistance standards prescribed by the Administrator of the National Highway Traffic Safety Administration.''. SEC. 203. TRAFFIC REDUCTION GRANTS. (a) In General.--The Secretary of Transportation may award grants to States to develop telecommuting and flexible work scheduling incentives that will reduce traffic congestion in urban areas. (b) Authorization of Appropriations.--There are authorized to be appropriated $50,000,000 for fiscal year 2008 to carry out the grant program established under this section. Any sums appropriated pursuant to this subsection shall remain available until expended. TITLE III--TAX CREDITS SEC. 301. EXPANSION OF CREDIT FOR PRODUCTION OF ENERGY FROM CERTAIN RENEWABLE RESOURCES. (a) Expansion of Resources to Wave, Current, Tidal, and Ocean Thermal Energy.-- (1) In general.--Section 45(c)(1) of the Internal Revenue Code of 1986 (defining qualified energy resources) is amended by striking ``and'' at the end of subparagraph (G), by striking the period at the end of subparagraph (H) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(I) wave, current, tidal, and ocean thermal energy.'' (2) Definition of resources.--Section 45(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(10) Wave, current, tidal, and ocean thermal energy.--The term `wave, current, tidal, and ocean thermal energy' means electricity produced from any of the following: ``(A) Free flowing ocean water derived from tidal currents, ocean currents, waves, or estuary currents. ``(B) Ocean thermal energy. ``(C) Free flowing water in rivers, lakes, man made channels, or streams.'' (3) Facilities.--Section 45(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(11) Wave, current, tidal, and ocean thermal facility.-- In the case of a facility using resources described in clause (i), (ii), or (iii) of subsection (c)(10)(A) to produce electricity, the term `qualified facility' means any facility owned by the taxpayer which is originally placed in service after the date of the enactment of this paragraph and before January 1, 2009, but such term shall not include a facility which includes impoundment structures or a small irrigation power facility.'' (b) Expansion of Small Irrigation Power.--Paragraph (5) of section 45(c) of the Internal Revenue Code of 1986 is amended to read as follows: ``(5) Small irrigation power.--The term `small irrigation power' means power-- ``(A) generated without any dam or impoundment of water through-- ``(i) through an irrigation system canal or ditch, or ``(ii) utilizing lake taps, perched alpine lakes, or run-of-river with diversion, and ``(B) the nameplate capacity rating of which is less than 15 megawatts.''. (c) Effective Date.--The amendments made by this section shall apply to electricity produced in taxable years ending after the date of the enactment of this Act. SEC. 302. EXTENSION AND MODIFICATION OF NEW QUALIFIED HYBRID MOTOR VEHICLE CREDIT FOR PLUG-IN HYBRIDS. (a) Extension.-- (1) New qualified hybrid passenger automobiles and light trucks.--Paragraph (2) of section 30B(j) of the Internal Revenue Code of 1986 is amended by inserting ``(December 31, 2012, in the case of a new qualified hybrid motor vehicle which is recharged by means of an off board device)'' after ``December 31, 2010''. (2) Other qualified hybrid motor vehicles.--Paragraph (3) of section 30B(j) of the Internal Revenue Code of 1986 is amended by inserting ``(December 31, 2012, in the case of a new qualified hybrid motor vehicle which is recharged by means of an off board device)'' after ``December 31, 2009''. (b) Elimination of Limitation on Number of New Qualified Hybrid and Advanced Lean Burn Technology Vehicles Eligible for Full Alternative Motor Vehicle Tax Credit.-- (1) In general.--Section 30B of the Internal Revenue Code of 1986 is amended-- (A) by striking subsection (f); and (B) by redesignating subsections (g) through (j), as amended by subsection (a), as subsections (f) through (i), respectively. (2) Conforming amendments.-- (A) Paragraphs (4) and (6) of section 30B(g) of such Code, as redesignated by paragraph (1)(B), are each amended by striking ``(determined without regard to subsection (g))'' and inserting ``(determined without regard to subsection (f))''. (B) Section 38(b)(25) of such Code is amended by striking ``section 30B(g)(1)'' and inserting ``section 30B(f)(1)''. (C) Section 55(c)(2) of such Code is amended by striking ``section 30B(g)(2)'' and inserting ``section 30B(f)(2)''. (D) Section 1016(a)(36) of such Code is amended by striking ``section 30B(h)(4)'' and inserting ``section 30B(g)(4)''. (E) Section 6501(m) of such Code is amended by striking ``section 30B(h)(9)'' and inserting ``section 30B(g)(9)''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2005, in taxable years ending after such date.

Renewable Energy, Fuel Reduction, and Economic Stabilization and Enhancement Act of 2007 or REFRESH Act - Directs the Secretary of Energy to make grants to: (1) promote geothermal power development; (2) develop all forms of ocean energy; and (3) assist in the development of new technology for the production of plug-in hybrid electric-combustion engine vehicles. Directs the Administrator of the Environmental Protection Agency (EPA), in calculating average fuel economy, to use the procedures described in the final rule relating to fuel economy labeling published in the Federal Register on December 27, 2006. Requires the Administrator of the National Highway Traffic Safety Administration (NHTSA) to study anticipated economic impacts and fuel savings from a requirement that all vehicles manufactured in the United States with a gross vehicle weight of not less than 10,000 pounds meet specific average fuel economy standards. Requires all passenger automobile tires sold in the United States to meet low rolling resistance standards prescribed by the NHTSA Administrator. Authorizes the Secretary to award grants to states to develop telecommuting and flexible work scheduling incentives to reduce traffic congestion in urban areas. Amends the Internal Revenue Code to: (1) include wave, current, tidal, and ocean thermal resources as qualified energy resources under the renewable energy tax credit; (2) extend through 2012 the qualified hybrid motor vehicle credit for plug-in hybrids; and (3) eliminate the limit on new qualified hybrid and advanced lean burn technology vehicles eligible for the full alternative motor vehicle tax credit.

{"src": "billsum_train", "title": "A bill to provide incentives for renewable energy production, to increase fuel economy standards for automobiles, and to provide tax incentives for renewable energy production."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Maximizing Opportunities for Research and the Enhancement of Automated Vehicles Act'' or the ``MORE Act''. SEC. 2. MOTOR VEHICLE TESTING OR EVALUATION. (a) In General.--Section 30112(b)(10) of title 49, United States Code, is amended-- (1) by striking ``that prior to the date of enactment of this paragraph''; (2) in subparagraph (A), by striking ``motor vehicles into the United States that are certified'' and inserting ``into the United States motor vehicles that are certified, or motor vehicle equipment utilized in a motor vehicle that is certified,''; (3) in subparagraph (C), by striking the period at the end and inserting ``; or''; (4) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and moving their margins 2 ems to the right; (5) by striking ``evaluation by a manufacturer that agrees not to sell or offer for sale'' and inserting the following: ``evaluation by-- ``(A) a manufacturer that agrees not to sell or lease or offer for sale or lease''; and (6) by adding at the end the following: ``(B) a manufacturer of highly automated vehicles, automated driving systems, or components of automated driving systems that agrees not to sell or lease or offer for sale or lease the highly automated vehicle, automated driving system, or components of the automated driving system at the conclusion of the testing or evaluation and-- ``(i) has submitted to the Secretary-- ``(I) the name of the individual, partnership, corporation, or institution of higher education and a point of contact; ``(II) the residence address of the individual, partnership, corporation, or institution of higher education and State of incorporation if applicable; ``(III) a description of each type of motor vehicle used during development of highly automated vehicles, automated driving systems, or components of automated driving systems manufactured by the individual, partnership, corporation, or institution of higher education; and ``(IV) proof of insurance for any State in which the individual, partnership, corporation, or institution of higher education intends to test or evaluate highly automated vehicles; and ``(ii) if applicable, has identified an agent for service of process in accordance with part 551 of title 49, Code of Federal Regulations.''. (b) Definitions.--Section 30102 of title 49, United States Code, is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (1) through (13) as paragraphs (2), (3), (4), (5), (8), (9), (10), (11), (12), (13), (15), (16), and (17), respectively; (B) by inserting before paragraph (2) (as so redesignated) the following: ``(1) `automated driving system' means the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether such system is limited to a specific operational design domain.''; (C) by inserting after paragraph (5) (as so redesignated) the following: ``(6) `dynamic driving task' means all of the real time operational and tactical functions required to operate a vehicle in on-road traffic, excluding the strategic functions such as trip scheduling and selection of destinations and waypoints, and including-- ``(A) lateral vehicle motion control via steering; ``(B) longitudinal vehicle motion control via acceleration and deceleration; ``(C) monitoring the driving environment via object and event detection, recognition, classification, and response preparation; ``(D) object and event response execution; ``(E) maneuver planning; and ``(F) enhancing conspicuity via lighting, signaling, and gesturing. ``(7) `highly automated vehicle'-- ``(A) means a motor vehicle equipped with an automated driving system; and ``(B) does not include a commercial motor vehicle (as defined in section 31101).''; and (D) by inserting after paragraph (13) (as so redesignated) the following: ``(14) `operational design domain' means the specific conditions under which a given driving automation system or feature thereof is designed to function.''; and (2) by adding at the end the following: ``(c) Revisions to Certain Definitions.-- ``(1) If SAE International (or its successor organization) revises the definition of any of the terms defined in paragraph (1), (6), or (14) of subsection (a) in Recommended Practice Report J3016, it shall notify the Secretary of the revision. The Secretary shall publish a notice in the Federal Register to inform the public of the new definition unless, within 90 days after receiving notice of the new definition and after opening a period for public comment on the new definition, the Secretary notifies SAE International (or its successor organization) that the Secretary has determined that the new definition does not meet the need for motor vehicle safety, or is otherwise inconsistent with the purposes of this chapter. If the Secretary so notifies SAE International (or its successor organization), the existing definition in subsection (a) shall remain in effect. ``(2) If the Secretary does not reject a definition revised by SAE International (or its successor organization) as described in paragraph (1), the Secretary shall promptly make any conforming amendments to the regulations and standards of the Secretary that are necessary. The revised definition shall apply for purposes of this chapter. The requirements of section 553 of title 5 shall not apply to the making of any such conforming amendments. ``(3) Pursuant to section 553 of title 5, the Secretary may update any of the definitions in paragraph (1), (6), or (14) of subsection (a) if the Secretary determines that materially changed circumstances regarding highly automated vehicles have impacted motor vehicle safety such that the definitions need to be updated to reflect such circumstances.''.

Maximizing Opportunities for Research and the Enhancement of Automated Vehicles Act or the MORE Act This bill exempts manufacturers of highly automated vehicles, automated driving systems or components thereof from prohibitions on manufacturing, selling, and importing noncomplying (from safety standards) motor vehicles if they: (1) agree not to sell or lease such vehicles and systems at the end of testing or evaluation; and (2) have submitted to the Department of Transportation specified information, including identifying information and proof of insurance.

{"src": "billsum_train", "title": "Maximizing Opportunities for Research and the Enhancement of Automated Vehicles Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nino's Act''. SEC. 2. MEDICAID COVERAGE OF DRUGS PRESCRIBED FOR RESEARCH STUDY CHILD PARTICIPANTS. (a) Mandatory Coverage if State Provides Drug Coverage.-- (1) State plan requirement.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (A) in paragraph (69), by striking ``and'' at the end; (B) in paragraph (70), by striking the period at the end and inserting ``; and''; and (C) by inserting after paragraph (70) the following new paragraph: ``(71) in the case of a State plan that provides medical assistance for prescribed drugs under section 1905(a)(12), provide for such medical assistance to include coverage for any drug, biological product, or insulin prescribed for a child (including any such drug, product, or insulin that is self- administered) who-- ``(A) is eligible for medical assistance under the State plan (including a child who is eligible only on the basis of paragraph (10)(A)(i)(VIII)); ``(B) is a current or former participant in a research study conducted or funded (in whole or in part) by the National Institutes of Health; and ``(C) satisfies the requirements of subparagraphs (B), (C), and (D) of subsection (dd)(1).''. (2) Mandatory coverage of drugs of research study child participants who are not otherwise eligible for medicaid if the state offers drug coverage.-- (A) In general.--Section 1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C. 1396b(a)(10)(A)(i)) is amended-- (i) in subclause (VI), by striking ``or'' at the end; (ii) in subclause (VII), by adding ``or'' at the end; and (iii) by adding at the end the following new subclause: ``(VIII) who are research study child participants described in subsection (dd)(1), but only if the medical assistance made available by the State includes prescribed drugs under section 1905(a)(12),''. (B) Group described.--Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended by adding at the end the following new subsection: ``(dd)(1) Research study child participants described in this subsection are individuals who-- ``(A) are not otherwise eligible for medical assistance under the State plan; ``(B) have not attained age 19; ``(C) have been certified by a physician participating in a research study conducted or funded (in whole or in part) by the National Institutes of Health to be current or former participants in such trial or study who have a specific disease or condition that-- ``(i) is or has been successfully treated under such trial or study with a prescribed use of a drug, biological product, or insulin that is not approved under the Federal Food, Drug, and Cosmetic Act; and ``(ii) is likely to continue to be successfully treated with such drug, product, or insulin; and ``(D) do not have other health coverage for such drug, product, or insulin. ``(2) A State shall redetermine not less than every 2 years the eligibility of an individual for medical assistance who is eligible solely on the basis of subsection (a)(10)(A)(i)(VIII). ``(3) For purposes of this subsection and paragraphs (10)(A)(i)(VIII) and (71) of subsection (a), the term `research study' means a clinical study, including an observational (or natural history) study, or a clinical trial, to test an experimental therapy.''. (C) Medical assistance limited to coverage of the research or observational trial drugs, biological product, or insulin.--Section 1902(a)(10) of the Social Security Act (42 U.S.C. 1396a(a)(10)) is amended in the matter following subparagraph (G)-- (i) by striking ``and (XIV)'' and inserting ``(XIV)''; and (ii) by inserting ``, and (XV) the medical assistance made available to a research study child participant described in subsection (dd)(1) who is eligible for medical assistance solely on the basis of subparagraph (A)(10)(i)(VIII) shall be limited to medical assistance for a drug, biological product, or insulin that is prescribed for the participant as a result of participation in such trial or study (including any such drug, product, or insulin that is self-administered)'' before the semicolon. (D) Conforming amendment.--Section 1903(f)(4) of such Act (42 U.S.C. 1396b)(f)(4)) is amended in the matter preceding subparagraph (A) by inserting ``1902(a)(10)(A)(i)(VIII),'' after ``1902(a)(10)(A)(i)(VII),''. (b) Presumptive Eligibility.--Section 1920B of the Social Security Act (42 U.S.C. 1396r-1b) is amended-- (1) in the section heading, by inserting ``or research study child participants'' after ``patients''; (2) in subsection (a), by inserting ``or a child who is eligible for medical assistance under the State plan (including a child who is eligible only on the basis of section 1902(a)(10)(A)(i)(VIII) but subject to the limitation on medical assistance for such a child under clause (XV) of the matter following section 1902(a)(10)(G)), is a current or former participant in a research study conducted or funded (in whole or in part) by the National Institutes of Health, and satisfies the requirements of subparagraphs (B), (C), and (D) of section 1902(dd)(1)'' after ``patients)''; (3) in subsection (b)(1)(A), by inserting ``or subsection (a)'' after ``1902(aa)''; and (4) in subsection (d), in the flush language following paragraph (2), by striking ``for purposes of clause (4) of the first sentence of section 1905(b)'' and inserting ``for purposes of the first sentence of section 1905(b) (and, in the case of medical assistance furnished to an individual described in section 1902(aa), for purposes of clause (4) of such sentence)''. (c) Notice of Medicaid Coverage for Research Study Child Participants.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with the Director of the Institutes of Health and State Medicaid Directors, shall-- (A) develop a written notice for child participants in research studies (as defined in section 1902(dd)(3) of the Social Security Act, as added by subsection (a)(2)(B)) conducted or funded (in whole or in part) by the National Institutes of Health who are likely to eligible for medical assistance for a drug, biological product, or insulin prescribed for such participants as a result of participation in such a study (including any such drug, product, or insulin that is self- administered) in accordance with paragraph (10)(A)(i)(VIII) or (71) of section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) (as added by subsection (a)), of the availability of such assistance; and (B) establish procedures for making such notice available to the child participants through physicians participating in such research studies or such other means as the Secretary determines appropriate. (2) Authorization of appropriations.--There is authorized to be appropriated for fiscal year 2008 and each fiscal year thereafter such sums as may be necessary to carry out this subsection. (d) Effective Date.--The amendments made by this section apply to medical assistance for items and services furnished on or after the date of enactment of this Act, without regard to whether final regulations to carry out such amendments have been promulgated.

Nino's Act - Amends title XIX (Medicaid) of the Social Security Act to provide for mandatory Medicaid coverage of drugs prescribed for certain research study child participants, regardless of Medicaid eligibility otherwise, if the state provides drug coverage.

{"src": "billsum_train", "title": "To amend title XIX of the Social Security Act to provide Medicaid coverage of drugs prescribed for certain research study child participants."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Workforce Reduction and Realignment Commission Act''. SEC. 2. ESTABLISHMENT. There is established an independent commission to be known as the ``Federal Workforce Reduction and Realignment Commission'' (hereinafter in this Act referred to as the ``Commission''). SEC. 3. PURPOSE OF COMMISSION. (a) In General.--The purpose of the Commission is to develop and submit, to the President and the Congress, recommendations for reducing the number of Federal employees nationwide, in non-defense-related agencies, by 250,000. (b) Requirements.--The recommendations of the Commission-- (1) shall be based on data which shall be supplied by Federal agencies; and (2) shall be developed in a manner so as to improve Government efficiency. SEC. 4. MEMBERSHIP. (a) Number and Appointment.-- (1) In general.--The Commission shall be composed of 8 members appointed by the President, by and with the advice and consent of the Senate. (2) Nominations.--The President shall transmit to the Senate his nominations for appointment to the Commission no later than 30 days after the date of the enactment of this Act. (b) Consultation.--In selecting individuals for nomination for appointment to the Commission, the President shall consult with-- (1) the Speaker of the House of Representatives concerning the appointment of 2 members; (2) the majority leader of the Senate concerning the appointment of 1 member; (3) the minority leader of the House of Representatives concerning the appointment of 1 member; and (4) the minority leader of the Senate concerning the appointment of 1 member. (c) Chairman.--At the time the President nominates individuals for appointment to the Commission, the President shall designate 1 such individual to serve as Chairman of the Commission. (d) Terms.--Each member shall be appointed for the life of the Commission. (e) Meetings.-- (1) Frequency.--The Commission shall meet at the call of the Chairman or a majority of its members. (2) Open meetings.--Each meeting of the Commission shall be open to the public. (f) Pay.--Each member shall be paid at the rate equal to the daily equivalent of the rate payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which the member is engaged in the actual performance of duties vested in the Commission. SEC. 5. STAFF. The Commission may appoint and fix the pay of such personnel as it considers appropriate, except that not more than \1/3\ of the personnel employed by or detailed to the Commission may be on detail from a Federal agency. SEC. 6. REPORTING REQUIREMENTS. (a) Relating to the Commission.--The Commission shall transmit a report to the President and the Congress not later than 90 days after the Commission is appointed. Such report shall contain the recommendations of the Commission (as described in section 3(a)), including recommendations relating to any legislation or other measures which the Commission considers necessary, with particular attention to the methodology used by the Commission. (b) Relating to the President.--The President shall transmit a written report to the Congress, not later than 10 days after receiving the report of the Commission, in which the President shall indicate-- (1) approval, in which case the Congress shall introduce these recommendations as a joint resolution; or (2) disapproval, in which case the President shall submit changes to the Commission within 10 days; the Commission shall then have an additional 10 days to consider these changes and submit their final report to Congress. SEC. 7. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT. (a) Terms of the Resolution.--For the purposes of this Act, the term ``joint resolution'' means only a joint resolution which is introduced within a 10-day period beginning on the date on which the President or the Commission transmits the report to Congress and-- (1) which does not have a preamble; (2) the matter after the resolving clause of which is as follows: ``That Congress approves the recommendations of the Federal Workforce Reduction and Realignment Commission as submitted by the President on __________________ '', the blank space being filled by the appropriate date; and (3) the title of which is as follows: ``Joint resolution approving the recommendations of the Federal Workforce Reduction and Realignment Commission.''. (b) Referral.--A resolution described in subsection (a) that is introduced in the House of Representatives shall be referred to the Committee on Post Office and Civil Service of the House of Representatives. A resolution described in subsection (a) introduced in the Senate shall be referred to the Committee on Governmental Affairs of the Senate. (c) Discharge.--If the committee to which a resolution described in subsection (a) is referred has not reported such resolution (or an identical resolution) by the end of the 20-day period beginning on the date on which the President transmits a report to the Congress under section 6(b), such committee shall be, at the end of such period, discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the House involved. (d) Consideration.--(1) On or after the third day after the date on which the committee to which the resolution is referred has reported, or has been discharged, it shall be in order for any Member of the respective House to move to proceed to the consideration of the resolution (but only on the day after the calendar day on which such Member announces to the House concerned the Member's intention to do so). All points of order against the resolution and against consideration of the resolution are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to is not in order. If a motion to proceed to the consideration of the resolution is agreed to, the respective House shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the resolution shall remain the unfinished business of the respective House until disposed of. (2) Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the resolution. An amendment to the resolution is not in order. A motion to further limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (3) Immediately following conclusion of the debate on a resolution described in subsection (a) and a single quorum call at the conclusion of the debate is requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution described in subsection (a) shall be decided without debate. (e) Consideration by the Other House.--(1) If, before the passage by one House of a resolution of that House described in subsection (a), that House receives from the other House a resolution described in subsection (a), then the following procedures shall apply: (A) The resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii). (B) With respect to a resolution described in subsection (a) of the House receiving the resolution-- (i) the procedure in that House shall be the same as if no resolution had been received from the other House; but (ii) the vote on final passage shall be on the resolution of the other House. (2) Upon disposition of the resolution received from the other House, it shall no longer be in order to consider the resolution that originated in the receiving House. (f) Rules of the Senate and House.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 8. TERMINATION. The Commission shall terminate as of the date on which it transmit its final report under section 6(b)(2).

Federal Workforce Reduction and Realignment Commission Act - Establishes an independent Federal Workforce Reduction and Realignment Commission to develop and submit to the President and the Congress recommendations for reducing the number of Federal employees nationwide in non-defense-related agencies by 250,000.

{"src": "billsum_train", "title": "Federal Workforce Reduction and Realignment Commission Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Grants and Education To Tackle Homeowner Exposure to Lead Ensuring America Drinks Only from Unpolluted Taps Act of 2016'' or the ``GET THE LEAD OUT Act of 2016''. SEC. 2. REDUCING LEAD IN DRINKING WATER. (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means-- (A) a community water system (as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)); (B) a system located in an area governed by an Indian Tribe (as defined in that section); (C) a nontransient noncommunity water system; (D) a qualified nonprofit organization, as determined by the Administrator; and (E) a municipality or State, interstate, or intermunicipal agency. (2) Lead reduction project.-- (A) In general.--The term ``lead reduction project'' means a project or activity the primary purpose of which is to reduce the level of lead in water for human consumption by-- (i) replacement of publicly owned portions of lead service lines; (ii) testing, planning, or other relevant activities, as determined by the Administrator, to identify and address conditions (including corrosion control) that contribute to increased lead levels in water for human consumption; (iii) assistance to low-income homeowners to replace privately owned portions of service lines, pipes, fittings, or fixtures that contain lead; and (iv) education of consumers regarding measures to reduce exposure to lead from drinking water or other sources. (B) Limitation.--The term ``lead reduction project'' does not include a partial lead service line replacement if, at the conclusion of that service line replacement, drinking water is delivered to a household through a publicly or privately owned portion of a lead service line. (3) Low-income.--The term ``low-income'', with respect to an individual provided assistance under this section, has such meaning as may be given the term by the head of the municipality or State, interstate, or intermunicipal agency with jurisdiction over the area to which assistance is provided. (4) Municipality.--The term ``municipality'' means-- (A) a city, town, borough, county, parish, district, association, or other public entity established by, or pursuant to, applicable State law; and (B) an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)). (b) Grant Program.-- (1) Establishment.--Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a grant program to provide assistance to eligible entities for lead reduction projects in the United States. (2) Evaluation.--In providing assistance under this section, the Administrator shall evaluate-- (A) that an eligible entity applying for assistance has identified the source of lead in water for human consumption; and (B) the means by which the proposed lead reduction project would reduce lead levels in the applicable water system. (3) Priority application.--In providing grants under this subsection, the Administrator shall give priority to an eligible entity that-- (A) carries out a lead reduction project at a public water system or nontransient noncommunity water system that has exceeded the lead action level established by the Administrator at any time during the 3-year period preceding the date of submission of the application of the eligible entity; (B) addresses lead levels in water for human consumption at a school, daycare, or other facility that primarily serves children or another vulnerable human subpopulation; or (C) addresses such priority criteria as the Administrator may establish, consistent with the goal of reducing lead levels of concern. (4) Cost sharing.-- (A) In general.--Subject to subparagraph (B), the non-Federal share of the total cost of a project funded by a grant under this subsection shall be not less than 20 percent. (B) Waiver.--The Administrator may reduce or eliminate the non-Federal share under subparagraph (A) for reasons of affordability, as the Administrator determines to be appropriate. (5) Low-income assistance.-- (A) In general.--Subject to subparagraph (B), an eligible entity may use a grant provided under this subsection to provide assistance to low-income homeowners to carry out lead reduction projects. (B) Limitation.--The amount of a grant provided to a low-income homeowner under this paragraph shall not exceed the cost of replacement of the privately owned portion of the service line. (6) Special consideration for lead service line replacement.--In carrying out lead service line replacement using a grant under this subsection, an eligible entity shall-- (A) notify customers of the planned replacement of any publicly owned portion of the lead service line; (B) offer-- (i) in the case of a homeowner that is not low-income, to replace the privately owned portion of the lead service line at the cost of replacement; and (ii) in the case of a low-income homeowner, to replace the privately owned portion of the lead service line and any pipes, fittings, and fixtures that contain lead at a cost that is equal to the difference between-- (I) the cost of replacement; and (II) the amount of low-income assistance available to the homeowner under paragraph (5); (C) notify each customer that a planned replacement of any publicly owned portion of a lead service line that is funded by a grant made under this subsection will not be carried out unless the customer consents to the simultaneous replacement of the privately owned portion of the lead service line; and (D) demonstrate that the eligible entity has considered multiple options for reducing lead in drinking water, including an evaluation of options for corrosion control. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this Act $60,000,000 for each of fiscal years 2017 through 2021.

Grants and Education To Tackle Homeowner Exposure to Lead Ensuring America Drinks Only from Unpolluted Taps Act of 2016 or the GET THE LEAD OUT Act of 2016 This bill requires the Environmental Protection Agency (EPA) to establish a grant program to provide assistance to eligible entities (i.e., certain water systems, nonprofit organizations, and government agencies) for reducing lead levels in water for human consumption. Grant funds may be used to assist low-income homeowners in carrying out lead reduction projects, as long as the grant amount does not exceed the cost of replacing the privately owned portion of the service line. If an eligible entity uses funds for replacing lead service lines, it must: (1) notify customers of the planned replacement of any publicly owned portion of the lead service line; (2) inform each customer that it will replace the public portion of the line only if it obtains the customer's consent to simultaneously replace the privately owned portion of the line; and (3) demonstrate that it has considered multiple options for reducing lead in drinking water, including an evaluation of options for corrosion control.

{"src": "billsum_train", "title": "GET THE LEAD OUT Act of 2016"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Government Interstate Waste Control Act''. SEC. 2. INTERSTATE TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE. (a) In General.--Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is amended by adding at the end the following new section: ``SEC. 4011. INTERSTATE TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE. ``(a) Restriction on Receipt of Out-Of-State Waste.-- ``(1) In general.-- ``(A) Authorization.--Subject to subsections (b) and (e), the owner or operator of a facility that is a landfill or incinerator in a State may not receive for disposal or incineration any out-of-State municipal solid waste unless the owner or operator obtains authorization to receive the waste from the affected local government. ``(B) Requirements for authorization.--An authorization granted pursuant to subparagraph (A) shall be-- ``(i) granted by formal action at a meeting; ``(ii) recorded in writing in the official record of the meeting; and ``(iii) final. ``(2) Information.--Prior to taking formal action with respect to granting authorization to receive out-of-State municipal solid waste pursuant to this subsection, an affected local government shall require the owner or operator of the facility seeking the authorization to provide the following information (which the government shall make readily available to the Governor of the State, each adjoining local government and Indian tribe, and any other interested person for inspection and copying): ``(A) A brief description of the facility, including the size of, ultimate waste capacity of, and the anticipated monthly and yearly quantities (expressed in terms of volume) of waste to be handled by-- ``(i) the facility as in existence on the date of provision of the information; and ``(ii) the facility, including any planned expansion. ``(B) A map of the facility site indicating location in relation to the local road system and topography and hydrogeological features. The map shall indicate any buffer zones to be acquired by the owner or operator as well as all facility units. ``(C) A description of the environmental characteristics of the site, as in existence on the date of provision of the information, including information regarding ground water resources, and a discussion of alterations in the characteristics of the site that may be necessitated by, or occur as a result of, the facility. ``(D) A description of appropriate environmental controls to be used on the site, including runon or runoff management (or both), air pollution control devices, source separation procedures (if any) methane monitoring and control, landfill covers, liners or leachate collection systems, and monitoring programs. In addition, the description shall include a description of any waste residuals generated by the facility, including leachate or ash, and the planned management of the residuals. ``(E) A description of site access controls to be employed, and roadway improvements to be made, by the owner or operator, and an estimate of the timing and extent of increased local truck traffic. ``(F) A list of all required Federal, State, and local permits. ``(G) Estimates of the personnel requirements of the facility, including information regarding the probable skill and education levels required for jobs at the facility. To the extent practicable, the information shall distinguish between employment statistics for skill and education levels required prior to operation of the facility, and the statistics for the levels required on or after the first day of operation of the facility. ``(H) Any information that is required by State law to be provided with respect to any violation of environmental laws (including regulations) by the owner, the operator, and any subsidiary of the owner or operator, the disposition of enforcement proceedings taken with respect to the violation, and corrective action and rehabilitation measures taken as a result of the proceedings. ``(I) Any information that is required by State law to be provided with respect to gifts and contributions made by the owner and operator. ``(J) Any information that is required by State law to be provided by the owner or operator with respect to compliance by the owner or operator with the State solid waste management plan in effect pursuant to section 4007. ``(3) Notification prior to formal action.--Prior to taking formal action with respect to granting authorization to receive out-of-State municipal solid waste pursuant to this subsection, an affected local government shall-- ``(A) notify the Governor, adjoining local governments, and any adjoining Indian tribes, of the proposed action; ``(B)(i) publish notice of the action in a newspaper of general circulation at least 30 days before holding a hearing and again at least 15 days before holding the hearing; or ``(ii) if State law provides for an alternative form of public notification, provide such notification concerning the action; and ``(C) provide an opportunity for public comment on the action, including at least 1 public hearing, in accordance with State law. ``(4) Notification of action.--The local government shall notify the Governor, adjoining local governments, and any adjoining Indian tribes of an authorization granted under this subsection. ``(b) Limitations and Applicability.-- ``(1) Landfills and incinerators in operation or under construction.--Subsection (a) shall not apply to an operator of a facility that is a landfill or incinerator with respect to the landfill or incinerator if-- ``(A)(i) during the 1-year period preceding the date of enactment of this section, the owner or operator received at the landfill or incinerator, in accordance with State law (as in effect during the 1- year period), documented shipments (within the meaning of paragraph (2)) of out-of-State municipal solid waste; or ``(ii) before the date of enactment of this section, entered into a host agreement or otherwise obtained legally binding, documented authorization from the affected local government to accept out-of-State municipal solid waste; and ``(B)(i) with respect to a landfill, the landfill is in compliance with all applicable Federal and State laws (including regulations) relating to design and location standards, leachate collection, ground water monitoring, and financial assurance for closure and post-closure care and corrective action; or ``(ii) with respect to an incinerator, the incinerator is in compliance with the applicable requirements of section 129 of the Clean Air Act (42 U.S.C. 7429) and applicable State laws and regulations relating to facility design. ``(2) Documentation of shipment.--For purposes of paragraph (1)(A)(i), a shipment of municipal solid waste shall be considered a documented shipment if the owner or operator of the landfill or incinerator concerned provides documentation of the shipment (including the quantity, time, and place of the shipment) to the Governor of the State in which the landfill or incinerator is located. ``(c) Authority of Governor To Restrict Out-of-State Municipal Solid Waste Disposed Of at Landfills.-- ``(1) In general.-- ``(A) Limitations on exempted landfills.-- ``(i) In general.--In response to a written request by each of an affected local government and an affected local solid waste planning unit (if the local solid waste planning unit exists under State law), a Governor may limit the quantity of out-of-State municipal solid waste received for disposal, during a 1-year period, at a landfill described in clause (ii) to a quantity equal to the quantity of out-of-State municipal solid waste received for disposal at the landfill during the 1-year period preceding the date of enactment of this section. ``(ii) Landfill.--The landfill referred to in clause (i) shall be a landfill in the State, the owner or operator of which is exempt, under subsection (b), from the requirements of subsection (a) on the basis of receiving shipments as describe in subsection (b)(1)(A)(i). ``(B) Procedureal requirements for request.--Prior to submitting a request under this subsection to limit the disposal of out-of-State municipal solid waste, an affected local government and the affected local solid waste planning unit, if any, shall-- ``(i) provide notice and an opportunity for public comment concerning the proposed request; and ``(ii) after providing the notice and opportunity for public comment, take formal action concerning the proposed request at a public meeting. ``(2) Response by governor.--With respect to request made by affected local governments under paragraph (1)(A), the Governor shall respond in a consistent manner that does not discriminate against any-- ``(A) particular landfill within the State; or ``(B) shipment of out-of-State municipal solid waste on the basis of State of origin. ``(3) Limitation on authority of governor.--A Governor may not exercise the authority granted under this subsection if the action would be inconsistent with State law or would result in the violation of or failure to perform any provision of a written, legally binding contract for disposal of out-of-State municipal solid waste at a landfill executed prior to the date of enactment. ``(d) Existing Agreements.-- ``(1) In general.--Nothing in this section is intended to affect an agreement in effect on the date of enactment of this section or other State law in effect on the date of enactment of this section (except as expressly provided otherwise in this section). ``(2) Availability of contracts.--The owner or operator of a landfill or incinerator that is exempt, under subsection (b), from the requirements of subsection (a), shall make available for inspection by the public, in the affected local community, a copy of each contract that the owner or operator has entered into for the disposal of out-of-State municipal solid waste at that landfill or incinerator. The owner or operator may redact any proprietary information contained in such a copy of a contract, but shall ensure that at least information relating to the volume of out-of-State municipal solid waste to be received, the source of the waste, and the duration of the contract, is apparent in the copy. ``(e) Applicability.-- ``(1) In general.--Except as provided in paragraph (2), this section applies in and to each State. ``(2) Rejection of applicability.--A State may exercise the option to become exempt from the requirements of this section if the State-- ``(A) notifies the Administrator (in a manner prescribed by the Administrator) that the State is exercising the option; and ``(B) in taking any appropriate action to reject the applicability of this section, makes specific reference to this section. ``(3) Acknowledgement of exemption.--On receipt of a notification by a State pursuant to a paragraph (2)(A), the Administrator shall take such action as is appropriate to acknowledge the exemption of the State from the requirements of this section. ``(f) Definitions.--As used in this section: ``(1) Affected local government.--The term `affected local government', used with respect to a landfill or incinerator, means the elected officials of the city, town, borough, county, or parish, with primary jurisdiction over the use of the land on which the facility is located or proposed to be located. ``(2) Affected local solid waste planning unit.--The term `affected local solid waste planning unit' means a political subdivision of a State with authority relating to solid waste management planning in accordance with State law. ``(3) Host agreement.--The term `host agreement' means a written, legally binding agreement, lawfully entered into between an owner or operator of a landfill or incinerator and an affected local government that authorizes the landfill or incinerator to receive municipal solid waste generated outside the jurisdiction of the affected local government. ``(4) Municipal solid waste.-- ``(A) In general.--The term `municipal solid waste' means solid waste that is refuse (or refuse-derived fuel) generated by the general public or from residential, commercial institutional, or industrial sources and that consists of paper, wood, yard wastes, food wastes, plastics, leather, rubber, or other combustible materials or noncombustible materials such as metal, glass, and rock. ``(B) Exclusions.--The term does not include-- ``(i) hazardous waste or waste containing polychlorinated biphenyls; ``(ii) industrial waste; ``(iii) medical waste; ``(iv) recyclable materials that have been separated from waste otherwise destined for disposal (either at the source of the waste or at processing facilities) or that have been managed separately from waste destined for disposal; and ``(v) materials and products returned from a dispenser or distributor to the manufacturer or an agent of the manufacturer for credit, evaluation, and possible reuse. ``(5) Out-of-state municipal solid waste.--The term `out- of-State municipal solid waste', used with respect to a State, means municipal solid waste generated outside of the State. ``(6) Owner or operator.--The term `owner or operator', used with respect to a landfill or incinerator, does not include-- ``(A) a State or affected local government that owns or operates the landfill or incinerator, if the facility is located within the jurisdiction of the State or the affected local government; or ``(B) a person who owns or operates a facility, if the facility receives only waste generated by the person.''. (b) Table of Contents Amendment.--The table of contents of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by adding at the end of the items relating to subtitle D the following new item: ``Sec. 4011. Interstate transportation and disposal of municipal solid waste.''.

Local Government Interstate Waste Control Act - Amends the Solid Waste Disposal Act to prohibit, with exceptions, receipt by owners or operators of landfills or incinerators in a State of out-of-State municipal solid waste without authorization from the affected local government. Sets forth requirements for provision of facility information to the local government by the owner or operator. Exempts from this Act's prohibition operators of landfills or incinerators if: (1) the facility received documented shipments of such waste during the year preceding enactment of this Act in accordance with State law or, before enactment, entered into a host agreement or other legally binding, documented (and publicly available) authorization to receive such waste; (2) in the case of a landfill, the facility is in compliance with Federal and State laws relating to design and location standards, leachate collection, groundwater monitoring, and financial assurance for closure and post-closure and corrective action; and (3) in the case of an incinerator, the facility is in compliance with Clean Air Act performance standards and State laws relating to facility design. Provides procedures to permit State Governors, if requested by an affected local government, to limit for a one-year period the quantity of out-of-State waste received at excepted landfills to the quantity received during the year preceding enactment of this Act. Allows a State to exercise an option to exempt itself from the requirements of this Act.

{"src": "billsum_train", "title": "Local Government Interstate Waste Control Act"}

SECTION 1. TREATMENT OF CHARITABLE REMAINDER PET TRUSTS IN MANNER SIMILAR TO CHARITABLE REMAINDER ANNUITY TRUSTS. (a) In General.--Subsection (a) of section 664 of the Internal Revenue Code of 1986 (relating to general rule) is amended-- (1) by striking ``annuity trust and'' and inserting ``annuity trust,'', and (2) by inserting ``, and a charitable remainder pet trust'' before the period at the end. (b) Income Tax Treatment.--Subsections (a) and (c) of section 664 of such Code (relating to exemption from income taxes) are both amended-- (1) by striking ``annuity trust and'' and inserting ``annuity trust,'', and (2) by inserting ``, and a charitable remainder pet trust'' after ``unitrust''. (c) Charitable Remainder Pet Trust Defined.--Subsection (d) of section 664 of such Code (relating to definitions) is amended by adding at the end the following new paragraphs: ``(5) Charitable remainder pet trust.--For purposes of this section-- ``(A) In general.--A charitable remainder pet trust is a trust-- ``(i) from which a sum certain (which is not less than 5 percent nor more than 50 percent of the initial net fair market value for all property placed in trust) is to be paid, not less often than annually, to a designated person or organization, or a successor designated person or organization, for the exclusive benefit (but allowing for payment of any income tax resulting from the payment) of one or more specified pets for a term of years (not in excess of 20 years), such payments to terminate at the earlier of the expiration of the term of years or the death of the last surviving specified pet, ``(ii) from which no amount other than the payments described in clause (i) and the taxes imposed pursuant to subsection (c) may be paid to or for the use of any person other than an organization described in section 170(c), ``(iii) following the termination of the payments described in clause (i), the remainder interest in the trust is to be transferred to, or for the use of, an organization described in section 170(c), and ``(iv) the value (determined under section 7520) of such remainder interest is at least 10 percent of the initial fair market value of all property placed in the trust. ``(B) Value of remainder interest.--For purposes of determining the value of the remainder interest of a charitable remainder pet trust, the pets' life expectancy shall be disregarded. ``(C) Pet.--A pet is any domesticated companion animal (including a domesticated companion cat, dog, rabbit, guinea pig, hamster, gerbil, ferret, mouse, rat, bird, fish, reptile, or horse) which is living, and owned or cared for by the taxpayer establishing the trust, at the time of the creation of the trust.''. (d) Conforming Amendments.-- (1) Sections 170(f)(2)(A), 2055(e)(2)(A), and 2522(c)(2)(A) of such Code are each amended by striking ``charitable remainder annuity trust or a charitable remainder unitrust'' and inserting ``charitable remainder annuity trust, charitable remainder unitrust, or charitable remainder pet trust''. (2) Sections 664(e) and 1361(e)(1)(B)(iii) of such Code are both amended by striking ``charitable remainder annuity trust or charitable remainder unitrust'' and inserting ``charitable remainder annuity trust, charitable remainder unitrust, or charitable remainder pet trust''. (3) Paragraphs (1) and (3) of section 664(f) of such Code are both amended by striking ``paragraph (1)(A) or (2)(A)'' and inserting ``paragraph (1)(A), (2)(A), or (5)(A)(i)''. (4) Section 2055(e)(3)(F) of such Code is amended by inserting ``or pet (as defined in section 664(d)(5)(C))'' after ``by reason of the death of any individual''. (5) Section 2652(c)(1)(C) of such Code is amended-- (A) in clause (i) by inserting ``within the meaning of section 664'' before the comma at the end, and (B) by striking ``or'' at the end of clause (ii), by redesignating clause (iii) as clause (iv), and by inserting after clause (ii) the following new clause: ``(iii) a charitable remainder pet trust within the meaning of section 664, or''. (e) Effective Date.--The amendments made by this section shall apply to charitable remainder pet trusts created after the date of the enactment of this Act.

Amends the Internal Revenue Code to provide for the tax treatment of a charitable remainder pet trust as a charitable remainder annuity trust. Defines "charitable remainder pet trust" as a trust which pays a specified annual amount (for a maximum term of 20 years) for the care of domesticated companion animals living at the time of creation of the trust.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to treat charitable remainder pet trusts in a manner similar to charitable remainder annuity trusts."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Underground Gas Storage Safety Act''. SEC. 2. REGULATION OF UNDERGROUND NATURAL GAS STORAGE FACILITIES. Section 60102(a) of title 49, United States Code, is amended by adding at the end the following: ``(4) Underground gas storage facilities.-- ``(A) Minimum safety standards.--Not later than 180 days after the date of the enactment of the Underground Gas Storage Safety Act, the Secretary, in consultation with other relevant Federal agencies, shall prescribe strong minimum safety standards for underground gas storage facilities. ``(B) Requirements.--The standards prescribed under subparagraph (A) shall at a minimum-- ``(i) require operators to have comprehensive and up-to-date processes, procedures, plans, mitigation measures, periodic assessments and reassessments, and emergency plans in place to maintain the safety and integrity of all underground gas storage facilities, whether operating, abandoned, idled, or plugged; and ``(ii) require compliance with all of the recommendations made by the Pipeline and Hazardous Materials Safety Administration in the second paragraph of Advisory Bulletin ADB- 2016-02, issued February 2, 2016, except to the extent that the Secretary establishes by clear and convincing evidence that it is not in the public interest. ``(C) Preemption.--A State authority may adopt additional or more stringent safety standards for intrastate underground gas storage facilities. ``(5) Emergency temporary regulatory requirements.-- ``(A) In general.--Until the Secretary prescribes final standards under paragraph (4), all underground natural gas storage facilities shall at a minimum comply with the following: ``(i) All underground natural gas storage in depleted hydrocarbon reservoirs and aquifer reservoirs shall comply with American Petroleum Institute Recommended Practice 1171, titled `Functional Integrity of Natural Gas Storage in Depleted Hydrocarbon Reservoirs and Aquifer Reservoirs', First Edition, issued September 2015, or a standard determined appropriate by the Secretary. ``(ii) All underground natural gas storage facilities in solution-mined salt caverns shall comply with-- ``(I) American Petroleum Institute Recommended Practice 1170, titled `Design and Operation of Solution-mined Salt Caverns Used for Natural Gas Storage', First Edition, issued July 2015; and ``(II) to the extent not inconsistent with standards in the document referred to in subclause (I), Interstate Oil and Gas Compact Commission standards titled `Natural Gas Storage in Salt Caverns--A Guide for State Regulators'. ``(iii) All underground natural gas storage facilities shall comply with all of the recommendations made by the Pipeline and Hazardous Materials Safety Administration in the second paragraph of Advisory Bulletin ADB- 2016-02, issued February 2, 2016, or a standard determined appropriate by the Secretary. ``(B) Variance.--The Secretary may provide a variance from compliance with the requirements under subparagraph (A) where appropriate. ``(6) Underground gas safety research.--The Secretary shall establish a program to make grants for research and development activities relating to-- ``(A) improved underground gas storage safety; or ``(B) an odorant additive for gas that is both detectable and nontoxic. ``(7) Definition.--In this subsection, the term `underground natural gas storage facility' means a gas pipeline facility that stores natural gas in an underground facility, including-- ``(A) a depleted hydrocarbon reservoir; ``(B) an aquifer reservoir; or ``(C) a solution-mined salt cavern reservoir.''. SEC. 3. USER FEES. Section 60301 of title 49, United States Code, is amended-- (1) in subsection (b), by inserting ``an underground gas storage facility,'' after ``liquefied natural gas pipeline facility,''; and (2) in subsection (d)(1)-- (A) by striking ``and'' at the end of subparagraph (A); and (B) by adding at the end the following new subparagraph: ``(C) related to an underground gas storage facility may be used only for an activity related to underground gas storage under chapter 601 of this title; and''.

Underground Gas Storage Safety Act This bill directs the Department of Transportation (DOT) to prescribe minimum safety standards, meeting specified requirements, for underground gas storage facilities. A state authority may, however, adopt additional or more stringent safety standards for intrastate underground gas storage facilities. Until final standards are prescribed, all underground natural gas storage facilities shall comply with certain minimum requirements, including those in depleted hydrocarbon reservoirs and aquifer reservoirs and those in solution-mined salt caverns. DOT shall make grants for research and development activities relating to: (1) improved underground gas storage safety, or (2) an odorant additive for gas that is both detectable and nontoxic. A user fee shall be imposed on each operator of an underground gas storage facility to which specified safety requirements apply.

{"src": "billsum_train", "title": "Underground Gas Storage Safety Act"}

SECTION. 1. REVISION OF PER BENEFICIARY LIMITS AND PER VISIT PAYMENT LIMITS FOR PAYMENT FOR HOME HEALTH SERVICES UNDER THE MEDICARE PROGRAM. (a) Revision of Per Beneficiary Limits.-- (1) In general.--Section 1861(v)(1)(L)(v) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(v)) is amended to read as follows: ``(v)(I) For services furnished by home health agencies for cost reporting periods beginning on or after October 1, 1997, the Secretary shall provide for an interim system of limits. Payment shall not exceed the costs determined under the preceding provisions of this subparagraph or, if lower, the product of-- ``(aa) the applicable amount under subclause (II) or (III); and ``(bb) the agency's unduplicated census count of patients (entitled to benefits under this title) for the cost reporting period subject to the limitation. ``(II) The applicable limit for cost reporting periods beginning in fiscal year 1998 is an agency-specific per beneficiary annual limitation calculated based 75 percent on 98 percent of the reasonable costs (including nonroutine medical supplies) for the agency's 12-month cost reporting period ending during fiscal year 1994, and based 25 percent on 98 percent of the standardized regional average of such costs for the agency's census division, as applied to such agency, for cost reporting periods ending during fiscal year 1994, such costs updated by the home health market basket index. ``(III) The applicable limit for cost reporting periods beginning on or after October 1, 1998, is an agency-specific per beneficiary annual limitation calculated-- ``(aa) based 50 percent on the per beneficiary annual limitation determined under subclause (II) for the agency; ``(bb) based 25 percent on the standardized national mean equal to $3,708.25 for fiscal year 1999 (of which $2,880.12 is the labor component, and $828.13 is the non-labor component); and ``(cc) based 25 percent on the standardized regional average of the limits for the agency's census division (as specified in Tables 3B and 3D published in the Federal Register on August 11, 1998 (63 FR 42926)); such limits updated by the home health market basket for each subsequent fiscal year (if any) through the fiscal year involved.''. (2) New agencies.--Section 1861(v)(1)(L)(vi) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(vi)) is amended-- (A) in subclause (I), by striking ``For new'' and inserting ``Subject to subclause (II), for new''; (B) by redesignating subclause (II) as subclause (III); and (C) by inserting after subclause (I) the following: ``(II) In the case of cost reporting periods beginning on or after October 1, 1998, the limits in subclause (I) shall be determined as if any reference in clause (v)(II) to `98 percent' were a reference to `100 percent'. (3) Conforming amendment.--Section 1861(v)(1)(L)(vii)(I) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(vii)(I)) is amended by striking ``clause (v)(I)'' and inserting ``clause (v)(II)''. (b) Revision of Per Visit Limits.--Section 1861(v)(1)(L)(i) of such Act (42 U.S.C. 1395x(v)(1)(L)(i)) is amended-- (1) in subclause (III), by striking ``or''; (2) in subclause (IV)-- (A) by inserting ``and before October 1, 1998,'' after ``October 1, 1997,''; and (B) by striking the period at the end and inserting ``, or''; and (3) by adding at the end the following new subclause: ``(V) October 1, 1998, 110 percent of such median.''. (c) One-year Delay in Implementation of Mandatory Reduction in Payment Limits.--Section 4603(e) of the Balanced Budget Act of 1997 (42 U.S.C. 1395fff note) is amended-- (1) by striking ``described in subsection (d)'' and inserting ``beginning on or after October 1, 2000''; and (2) by striking ``September 30, 1999'' and inserting ``September 30, 2000''. (d) Effective Date.--The amendments made by subsections (a) and (b) shall apply to cost reporting periods beginning on or after October 1, 1998. SEC. 2. TWO OFFSETS. (a) Change in Number of Individuals Eligible To Enroll Under Medicare MSA.--Section 1851(b)(4)(A)(ii) of the Social Security Act (42 U.S.C. 1395w-21(b)(4)(A)(ii)) is amended by striking ``390,000'' and inserting ``100,000 (for any date before January 1, 2004) or 500,000 (for any date thereafter)''. (b) Three-Year Extension of Medicare MSA Termination Date.--Section 1851(b)(4)(A)(i) of the Social Security Act (42 U.S.C. 1395w- 21(b)(4)(A)(i)) is amended by striking ``2003'' and inserting ``2006''.

Amends title XVIII (Medicare) of the Social Security Act (SSA) with respect to the computation formula for the interim system of limited payments for services provided by home health agencies, as amended by the Balanced Budget Act of 1997 (BBA '97). Creates a new formula for calculation of the agency-specific per beneficiary annual limitation for cost reporting periods beginning on or after October 1, 1998. Revises the rules for new providers for such cost reporting periods. Increases reasonable per visit costs for reporting periods beginning on or after October 1, 1998, from 105 percent to 110 percent of the median of the labor-related and nonlabor per visit costs for free standing home health agencies. Amends BBA '97 to postpone from October 1, 1999, to October 1, 2000, implementation of the mandatory 15 percent reduction in cost and per beneficiary limits under such interim system. Amends part C (Medicare+Choice) of SSA title XVIII to: (1) change the number of individuals eligible to enroll for coverage in a demonstration Medical Savings Account plan from 390,000 to 100,000 (for any date before January 1, 2004) or 500,000 (for any date thereafter); and (2) provide for a three-year extension of such type of coverage.

{"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to delay the 15% reduction and to make revisions in the per beneficiary and per visit payment limits on payment for health services under the Medicare Program, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Treatment Court Improvement Act of 2018''. SEC. 2. HIRING BY DEPARTMENT OF VETERANS AFFAIRS OF ADDITIONAL VETERANS JUSTICE OUTREACH SPECIALISTS. (a) Hiring of Additional Veterans Justice Outreach Specialists.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall hire not fewer than 50 Veterans Justice Outreach Specialists and place each such Veterans Justice Outreach Specialist at an eligible Department of Veterans Affairs medical center in accordance with this section. (2) Requirements.--The Secretary shall ensure that each Veterans Justice Outreach Specialist employed under paragraph (1)-- (A) serves, either exclusively or in addition to other duties, as part of a justice team in a veterans treatment court or other veteran-focused court; and (B) otherwise meets Department hiring guidelines for Veterans Justice Outreach Specialists. (3) Supplement not supplant.--The Secretary shall ensure that the total number of Veterans Justice Outreach Specialists employed by the Department is not less than the sum of-- (A) the total number of Veterans Justice Outreach Specialists that were employed by the Department on the day before the date of the enactment of this Act; and (B) the number of Veterans Justice Outreach Specialists set forth in paragraph (1). (b) Eligible Department of Veterans Affairs Medical Centers.--For purposes of this section, an eligible Department of Veterans Affairs medical center is any Department of Veterans Affairs medical center that-- (1) complies with all Department guidelines and regulations for placement of a Veterans Justice Outreach Specialist; (2) works within a local criminal justice system with justice-involved veterans; (3) maintains an affiliation with one or more veterans treatment courts or other veteran-focused courts; and (4) either-- (A) routinely provides Veterans Justice Outreach Specialists to serve as part of a justice team in a veterans treatment court or other veteran-focused court; or (B) establishes a plan that is approved by the Secretary to provide Veterans Justice Outreach Specialists employed under subsection (a)(1) to serve as part of a justice team in a veterans treatment court or other veteran-focused court. (c) Placement Priority.--The Secretary shall prioritize the placement of Veterans Justice Outreach Specialists employed under subsection (a)(1) at eligible Department of Veterans Affairs medical centers that have or intend to establish an affiliation, for the purpose of carrying out the Veterans Justice Outreach Program, with a veterans treatment court, or other veteran-focused court, that-- (1) was established on or after the date of the enactment of this Act; or (2)(A) was established before the date of the enactment of this Act; and (B) is not fully staffed with Veterans Justice Outreach Specialists. (d) Reports.-- (1) Periodic reports by secretary of veterans affairs.-- (A) In general.--Not later than one year after the date of the enactment of this Act and not less frequently than once every year thereafter, the Secretary of Veterans Affairs shall submit to Congress a report on the implementation of this section and its effect on the Veterans Justice Outreach Program. (B) Contents.--Each report submitted under paragraph (1) shall include the following: (i) The status of the efforts of the Secretary to hire Veterans Justice Outreach Specialists pursuant to subsection (a)(1), including the total number of Veterans Justice Outreach Specialists hired by the Secretary pursuant to such subsection and the number that the Secretary expects to hire pursuant to such subsection. (ii) The total number of Veterans Justice Outreach Specialists assigned to each Department of Veterans Affairs medical center that participates in the Veterans Justice Outreach Program, including the number of Veterans Justice Outreach Specialists hired under subsection (a)(1) disaggregated by Department of Veterans Affairs medical center. (iii) The total number of eligible Department of Veterans Affairs medical centers that sought placement of a Veterans Justice Outreach Specialist under subsection (a)(1), how many Veterans Justice Outreach Specialists each such center sought, and how many of such medical centers received no placement of a Veterans Justice Outreach Specialist under subsection (a)(1). (iv) The total number of justice-involved veterans who were served or are expected to be served by a Veterans Justice Outreach Specialist hired under subsection (a)(1). (2) Report by comptroller general of the united states.-- (A) In general.--Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the implementation of this section and the effectiveness of the Veterans Justice Outreach Program. (B) Contents.--The report required by subparagraph (A) shall include the following: (i) An assessment of whether the Secretary has fulfilled the Secretary's obligations under this section. (ii) The number of veterans who are served by Veterans Justice Outreach Specialists hired under subsection (a)(1), disaggregated by demographics (including discharge status). (iii) An identification of any subgroups of veterans who underutilize services provided under laws administered by the Secretary and to which they are referred by a Veterans Justice Outreach Specialist. (iv) Such recommendations as the Comptroller General may have for the Secretary to improve the effectiveness of the Veterans Justice Outreach Program. (e) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary of Veterans Affairs to carry out subsection (a) $5,500,000 for each of fiscal years 2018 through 2028. (2) Identification of offsets.--The Secretary shall submit to Congress a report that identifies such legislative or administrative actions as the Secretary determines will result in a reduction in expenditures by the Department of Veterans Affairs that is equal to or greater than the amounts authorized to be appropriated by paragraph (1). (f) Definitions.--In this section: (1) Justice team.--The term ``justice team'' means the group of individuals, which may include a judge, court coordinator, prosecutor, public defender, treatment provider, probation or other law enforcement officer, program mentor, and Veterans Justice Outreach Specialist, who assist justice- involved veterans in a veterans treatment court or other veteran-focused court. (2) Justice-involved veteran.--The term ``justice-involved veteran'' means a veteran with active, ongoing, or recent contact with some component of a local criminal justice system. (3) Local criminal justice system.--The term ``local criminal justice system'' means law enforcement, jails, prisons, and Federal, State, and local courts. (4) Veterans justice outreach program.--The term ``Veterans Justice Outreach Program'' means the program through which the Department of Veterans Affairs identifies justice-involved veterans and provides such veterans with access to Department services. (5) Veterans justice outreach specialist.--The term ``Veterans Justice Outreach Specialist'' means an employee of the Department of Veterans Affairs who serves as a liaison between the Department and the local criminal justice system on behalf of a justice-involved veteran. (6) Veterans treatment court.--The term ``veterans treatment court'' means a Federal, State, or local court that is participating in the veterans treatment court program (as defined in section 2991(i)(1) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa(i)(1))). Passed the Senate February 15, 2018. Attest: JULIE E. ADAMS, Secretary.

Veterans Treatment Court Improvement Act of 2017 This bill requires the Department of Veterans Affairs (VA) to hire at least 50 Veterans Justice Outreach Specialists, place each one at an eligible VA medical center, and ensure that each one serves as part of a justice team in a veterans treatment court or other veteran-focused court. An eligible VA medical center is one that: complies with all VA guidelines and regulations for placement of a specialist; works with a veteran with active, ongoing, or recent contact with some component of a local criminal justice system; maintains an affiliation with one or more veterans treatment courts or other veteran-focused courts; and either routinely provides specialists, or establishes a VA-approved plan to provide specialists, to serve as part of a justice team in such a court. The VA shall prioritize the placement of specialists at eligible VA medical centers that have an affiliation with such a court that: (1) was established after the date of this bill's enactment, or (2) was established before such date and is not fully staffed with specialists.

{"src": "billsum_train", "title": "Veterans Treatment Court Improvement Act of 2017"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mom's Opportunity to Access Health, Education, Research, and Support for Postpartum Depression Act'' or the ``MOTHERS Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Postpartum depression is a devastating mood disorder which strikes many women during and after pregnancy. (2) Postpartum mood changes are common and can be broken into three subgroups: ``baby blues,'' which is an extremely common and the less severe form of postpartum depression; postpartum mood and anxiety disorders, which are more severe than baby blues and can occur during pregnancy and anytime within the first year of the infant's birth; and postpartum psychosis, which is the most extreme form of postpartum depression and can occur during pregnancy and up to twelve months after delivery. (3) ``Baby blues'' is characterized by mood swings, feelings of being overwhelmed, tearfulness, irritability, poor sleep, mood changes, and a sense of vulnerability that usually starts in the first week and resolves without treatment by the end of the second week postpartum. (4) The symptoms of postpartum mood and anxiety disorders are as defined in the latest edition of Diagnostic and Statistical Manual of Mental Disorders (DSM), as published by American Psychological Association. (5) The symptoms of postpartum psychosis include losing touch with reality, distorted thinking, delusions, auditory hallucinations, paranoia, hyperactivity, and rapid speech or mania. (6) Baby blues afflicts up to 80 percent of new mothers, postpartum depression occurs in 10 to 20 percent of new mothers, and postpartum psychosis strikes 1 in 1,000 new mothers. (7) The causes of postpartum depression are complex and unknown at this time; however, contributing factors include: a steep and rapid drop in hormone levels after childbirth; difficulty during labor or pregnancy; a premature birth; a miscarriage; feeling overwhelmed, uncertain, frustrated or anxious about one's new role as a mother; a lack of support from one's spouse, friends or family; marital strife; stressful events in life such as death of a loved one, financial problems, or physical or mental abuse; a family history of depression or mood disorders; a previous history of major depression or anxiety; or a prior postpartum depression. (8) Postpartum depression is a treatable disorder if promptly diagnosed by a trained provider and attended to with a personalized regimen of care including social support, therapy, medication, and when necessary hospitalization. (9) All too often postpartum depression goes undiagnosed or untreated due to the social stigma surrounding depression and mental illness, the romanticization of motherhood, the new mother's inability to self-diagnose her condition, the new mother's shame or embarrassment over discussing her depression so near to the birth of her child, the lack of understanding in society and the medical community of the complexity of postpartum depression, and economic pressures placed on hospitals and providers. (10) Untreated, postpartum depression can lead to further depression, substance abuse, loss of employment, divorce and further social alienation, self-destructive behavior, or even suicide. (11) Untreated, postpartum depression impacts society through its effect on the infant's physical and psychological and cognitive development, child abuse, neglect or death of the infant or other siblings, and the disruption of the family. (12) This Act shares the goals of the Melanie Blocker- Stokes Postpartum Depression Research and Care Act and will help new mothers who are battling with postpartum conditions. TITLE I--DELIVERY OF SERVICES REGARDING POSTPARTUM DEPRESSION AND PSYCHOSIS SEC. 101. DELIVERY OF SERVICES REGARDING POSTPARTUM DEPRESSION AND PSYCHOSIS. Subpart 3 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb-31 et seq.) is amended-- (1) by inserting after the subpart heading the following: ``CHAPTER I--GENERAL PROVISIONS''; and (2) by adding at the end thereof the following: ``CHAPTER II--DELIVERY OF SERVICES REGARDING POSTPARTUM DEPRESSION AND PSYCHOSIS ``SEC. 520K. ESTABLISHMENT OF PROGRAM OF GRANTS. ``(a) In General.--The Secretary shall in accordance with this chapter make grants to provide for projects for the establishment, operation, and coordination of effective and cost-efficient systems to-- ``(1) provide education to women who have recently given birth, and their families, concerning postpartum depression, postpartum mood and anxiety disorders, and postpartum psychosis (referred to in this chapter as `postpartum conditions') before such women leave their birthing centers and to screen new mothers for postpartum conditions during their first year of postnatal checkup visits, including the standard 6-week postnatal checkup visit; and ``(2) provide for the delivery of essential services to individuals with postpartum conditions and their families. ``(b) Recipients of Grants.--A grant under subsection (a) may be made to an entity only if the entity-- ``(1) is-- ``(A) in the case of a grant to carry out the activities described in subsection (c)(1), a State; and ``(B) in the case of a grant to carry out the activities described in subsection (c)(2), a public or nonprofit private entity, which may include a State or local government; a public or nonprofit private hospital, community-based organization, hospice, ambulatory care facility, community health center, migrant health center, tribal government or territory, or homeless health center; or other appropriate public or nonprofit private entity; and ``(2) submits to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(c) Certain Activities.-- ``(1) Education.-- ``(A) In general.--To the extent practicable and appropriate, the Secretary shall ensure that projects under subsection (a)(1) develop policies and procedures to ensure that education concerning postpartum conditions is provided to women in accordance with subparagraph (B), that training programs regarding such education are carried out at health facilities within the State, and that screening and referral is provided in accordance with subparagraph (C). ``(B) Requirements.--A State that receives a grant or contract under subsection (a)(1) shall ensure that postpartum condition education complies with the following: ``(i) Physicians, certified nurse midwives, certified midwives, nurses, and other licensed health care professionals within the State who provide prenatal and postnatal care to women shall also provide education to women and their families concerning postpartum conditions to promote earlier diagnosis and treatment. ``(ii) All birthing facilities in the State shall provide new mothers and fathers, and other family members as appropriate, with complete information concerning postpartum conditions, including its symptoms, methods of coping with the illness, and treatment resources prior to such mothers leaving the birthing facility after a birth. ``(iii) Physicians, certified nurse midwives, certified midwives, nurses, and other licensed health care professionals within the State who provide prenatal and postnatal care to women shall include fathers and other family members, as appropriate, in both the education and treatment processes to help them better understand the nature and causes of postpartum conditions. ``(C) Screening and referral.--A State that receives a grant or contract under subsection (a)(1) shall ensure that new mothers, during visits to a physician, certified nurse midwife, certified midwife, nurse, or licensed healthcare professional who is licensed or certified by the State, within the first year after the birth of their child, are offered screenings for postpartum conditions by using the Edinburgh Postnatal Depression Scale (EPDS), or other appropriate tests. If the results of such screening provide warning signs for postpartum conditions, the new mother shall be referred to an appropriate mental healthcare provider. ``(D) Subgrants.--A State that receives a grant or contract under subsection (a)(1) to carry out activities under this paragraph may award subgrants to entities described in subsection (b)(1)(B) to enable such entities to provide education of this type described in subparagraph (B). ``(2) Services.--To the extent practicable and appropriate, the Secretary shall ensure that projects under subsection (a)(2) provide services for the diagnosis and management of postpartum conditions. Activities that the Secretary may authorize for such projects may also include the following: ``(A) Delivering or enhancing outpatient and home- based health and support services, including case management, screening and comprehensive treatment services for individuals with or at risk for postpartum conditions, and delivering or enhancing support services for their families. ``(B) Delivering or enhancing inpatient care management services that ensure the well being of the mother and family and the future development of the infant. ``(C) Improving the quality, availability, and organization of health care and support services (including transportation services, attendant care, homemaker services, day or respite care, and providing counseling on financial assistance and insurance) for individuals with postpartum conditions and support services for their families. ``(d) Integration With Other Programs.--To the extent practicable and appropriate, the Secretary shall integrate the program under this title with other grant programs carried out by the Secretary, including the program under section 330. ``SEC. 520L. TECHNICAL ASSISTANCE. ``The Secretary may provide technical assistance to assist entities in complying with the requirements of this chapter in order to make such entities eligible to receive grants under section 520K. ``SEC. 520M. AUTHORIZATION OF APPROPRIATIONS. ``For the purpose of carrying out this chapter, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2007 through 2009.''. TITLE II--RESEARCH ON POSTPARTUM DEPRESSION AND PSYCHOSIS SEC. 201. CONSENSUS RESEARCH CONFERENCE AND PLAN CONCERNING POSTPARTUM DEPRESSION AND PSYCHOSIS. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following: ``SEC. 409J. CONSENSUS RESEARCH CONFERENCE AND PLAN CONCERNING POSTPARTUM DEPRESSION AND PSYCHOSIS. ``(a) Consensus Research Conference and Plan.-- ``(1) Conference.--The Secretary, acting through the Director of NIH, the Administrator of the Substance Abuse and Mental Health Services Administration, and the heads of other Federal agencies that administer Federal health programs including the Centers for Disease Control and Prevention, shall organize a series of national meetings that are designed to develop a research plan for postpartum depression and psychosis (referred to in this section as `postpartum condition'). ``(2) Plan.--The Secretary, taking into account the findings of the research conference under paragraph (1), shall develop a research plan relating to postpartum conditions. Such plan shall include-- ``(A) basic research concerning the etiology and causes of postpartum conditions; ``(B) epidemiological studies to address the frequency and natural history of postpartum conditions and the differences among racial and ethnic groups with respect to such conditions; ``(C) the development of improved diagnostic techniques relating to postpartum conditions; and ``(D) clinical research for the development and evaluation of new treatments for postpartum conditions, including new biological agents. ``(3) Report.--Not later than 2 years after the date of enactment of this section, the Secretary shall prepare and submit to the appropriate committees of Congress a report concerning the research plan under paragraph (2). ``(b) Activity Relating to Research Plan.-- ``(1) In general.--After the development of the research plan under subsection (a)(1), the Secretary, acting through the Director of NIH shall expand and intensify research and related activities of the Institutes relating to postpartum conditions in a manner appropriate to carry out such plan, and in particular shall direct research efforts to carry out such plan. ``(2) Report.--Not later than 1 year after the development of the research plan under subsection (a)(1), and annually thereafter, the Secretary shall prepare and submit to the appropriate committees of Congress a report on the progress made with respect to such plan and the status of ongoing activities regarding postpartum conditions at the National Institutes of Health.''.

Mom's Opportunity to Access Health, Education, Research, and Support for Postpartum Depression Act or the MOTHERS Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services to award grants to: (1) states to provide to women who have recently given birth and their families, before such women leave their birthing centers, education concerning postpartum depression, postpartum mood and anxiety disorders, and postpartum psychosis and to screen new mothers for such postpartum conditions during their first year of postnatal checkup visits; and (2) public or nonprofit private entities to provide for the delivery of essential services to individuals with such postpartum conditions and their families. Requires the Secretary, acting through the Director of the National Institutes of Health (NIH), the Administrator of the Substance Abuse and Mental Health Services Administration, and the heads of other federal agencies that administer federal health programs, to organize a series of national meetings that are designed to develop a research plan for postpartum depression and psychosis. Requires the Secretary, acting through the Director, to expand and intensify research relating to postpartum conditions to carry out such plan.

{"src": "billsum_train", "title": "A bill to ensure that new mothers and their families are educated about postpartum depression, screened for symptoms, and provided with essential services, and to increase research at the National Institutes of Health on postpartum depression."}