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SECTION 1. SHORT TITLE. This Act may be cited as the ``Carbon Capture Act''. SEC. 2. CARBON DIOXIDE SEQUESTRATION CREDIT IMPROVED AND MADE PERMANENT. (a) Credit Made Permanent.--Section 45Q of the Internal Revenue Code of 1986 is amended by striking subsection (e). (b) Increase in Credit for New Facilities.-- (1) In general.--Section 45Q of such Code, as amended by subsection (a), is amended by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively, and by inserting after subsection (a) the following new subsection: ``(b) Credit Rates for New Qualified Facilities.-- ``(1) In general.--In the case of a taxable year beginning in a calendar year after 2024 with respect to a qualified facility at which carbon capture equipment is originally placed in service after December 31, 2015-- ``(A) subsection (a)(1) shall be applied by substituting `$30' for `$20', and ``(B) subsection (a)(2) shall be applied by substituting `$30' for `$10'. ``(2) Phase-up.--In the case of a qualified facility at which carbon capture equipment is originally placed in service during a calendar year after 2015 and before 2025 and any taxable year beginning in such calendar year-- ``(A) subsection (a)(1) shall be applied by substituting for `$20' the dollar amount with respect to each calendar year determined by ratably increasing such dollar amount annually from $21.85 with respect to calendar year 2015 to $30 with respect to calendar year 2025, and ``(B) subsection (a)(2) shall be applied by substituting for `$10' the dollar amount with respect to each calendar year determined by ratably increasing such dollar amount annually from $10.92 with respect to calendar year 2015 to $30 with respect to calendar year 2025. ``(3) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2025 with respect to a qualified facility at which carbon capture equipment is originally placed in service after December 31, 2015, there shall be substituted for each $30 amount contained in paragraph (1) an amount equal to the product of-- ``(A) such dollar amount, multiplied by ``(B) the inflation adjustment factor for such calendar year determined under section 43(b)(3)(B) for such calendar year, determined by substituting `2024' for `1990'.''. (2) Conforming amendment.--Section 45Q(e)(7) of such Code, as redesignated by paragraph (1), is amended by inserting ``with respect to a qualified facility at which carbon capture equipment is originally placed in service before January 1, 2016'' after ``2009''. (c) Election To Allow Credit to Person That Disposes of, or Uses as a Tertiary Injectant, Carbon Dioxide.--Section 45Q(e)(5) of such Code, as redesignated by subsection (b), is amended-- (1) by striking ``Any credit'' and inserting the following: ``(A) In general.--Any credit'', (2) by inserting ``subparagraph (B) or'' after ``except to the extent provided in'', and (3) by adding at the end the following new subparagraph: ``(B) Election to allow credit to person that disposes of, or uses as tertiary injectant, carbon dioxide.--If the person described in subparagraph (A) makes an election under this subparagraph (as such time and in such manner as the Secretary may prescribe), the credit determined under this section-- ``(i) shall be allowable to the person that disposes of, or uses as a tertiary injectant, the carbon dioxide, and ``(ii) shall not be allowable to the person described in subparagraph (A).''. (d) Reduction in Qualified Facility Threshold.--Section 45Q(d)(3) of such Code, as redesignated by subsection (b), is amended by striking ``500,000'' and inserting ``150,000''. (e) Effective Dates.-- (1) Credit made permanent.--The amendment made by subsection (a) shall apply to calendar years beginning after 2015. (2) Increase in credit for new facilities.--The amendments made by subsection (b) shall apply to facilities at which carbon capture equipment is originally placed in service after December 31, 2015. (3) Election to allow credit to person that disposes of, or uses as a tertiary injectant, carbon dioxide.--The amendments made by subsection (c) shall apply to taxable years beginning after the date of the enactment of this Act. (4) Reduction in qualified facility threshold.--The amendments made by subsection (d) shall apply to taxable years beginning after the date of the enactment of this Act.

Carbon Capture Act This bill amends the Internal Revenue Code, with respect to the tax credit for carbon dioxide sequestration, to: (1) make such credit permanent after 2015; (2) increase such credit after 2024 for a qualified facility originally placed in service after December 31, 2015; (3) allow such credit to a person who disposes of, or uses as a tertiary injectant, the carbon dioxide; and (4) modify the definition of "qualified facility" for purposes of eligibility for such credit to require not less than 150,000 metric tons (currently, 500,000 metric tons) to be captured at such a facility during the taxable year.

{"src": "billsum_train", "title": "Carbon Capture Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sensible Oversight for Technology which Advances Regulatory Efficiency Act'' or the ``SOFTWARE Act''. SEC. 2. HEALTH SOFTWARE. Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: ``(ss)(1) The term `health software' means software that does not, through use of an in vitro diagnostic device or signal acquisition system, acquire, process, or analyze an image or physiological signal, is not an accessory, is not an integral part of a device necessary to support the use of the device, is not used in the manufacture and transfusion of blood and blood components to assist in the prevention of disease in humans, and-- ``(A) is intended for use for administrative or operational support or the processing and maintenance of financial records; ``(B) is intended for use in clinical, laboratory, or administrative workflow and related recordkeeping; ``(C)(i) is intended for use solely in the transfer, aggregation, conversion (in accordance with a present specification), storage, management, retrieval, or transmission of data or information; ``(ii) utilizes a connectivity software platform, electronic or electrical hardware, or a physical communications infrastructure; and ``(iii) is not intended for use-- ``(I) in active patient monitoring; or ``(II) in controlling or altering the functions or parameters of a device that is connected to such software; ``(D) is intended for use to organize and present information for health or wellness education or for use in maintaining a healthy lifestyle, including medication adherence and health management tools; ``(E) is intended for use to analyze information to provide general health information that does not include patient-specific recommended options to consider in the prevention, diagnosis, treatment, cure, or mitigation of a particular disease or condition; or ``(F) is intended for use to analyze information to provide patient-specific recommended options to consider in the prevention, diagnosis, treatment, cure, or mitigation of a particular disease or condition. ``(2) The term `accessory' means a product that-- ``(A) is intended for use with one or more parent devices; ``(B) is intended to support, supplement, or augment the performance of one or more parent devices; and ``(C) shall be classified by the Secretary-- ``(i) according to its intended use; and ``(ii) independently of any classification of any parent device with which it is used.''. SEC. 3. APPLICABILITY AND INAPPLICABILITY OF REGULATION. Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by adding at the end the following: ``SEC. 524B. HEALTH SOFTWARE. ``(a) Inapplicability of Regulation to Health Software.--Except as provided in subsection (b), health software shall not be subject to regulation under this Act. ``(b) Exception.-- ``(1) In general.--Subsection (a) shall not apply with respect to a software product-- ``(A) of a type described in subparagraph (F) of section 201(ss)(1); and ``(B) that the Secretary determines poses a significant risk to patient safety. ``(2) Considerations.--In making a determination under subparagraph (B) of paragraph (1) with respect to a product to which such paragraph applies, the Secretary shall consider the following: ``(A) The likelihood and severity of patient harm if the product were to not perform as intended. ``(B) The extent to which the product is intended to support the clinical judgment of a medical professional. ``(C) Whether there is a reasonable opportunity for a medical professional to review the basis of the information or treatment recommendation provided by the product. ``(D) The intended user and user environment, such as whether a medical professional will use a software product of a type described in subparagraph (F) of section 201(ss)(1). ``(c) Delegation.--The Secretary shall delegate primary jurisdiction for regulating a software product determined under subsection (b) to be subject to regulation under this Act to the center at the Food and Drug Administration charged with regulating devices. ``(d) Regulation of Software.-- ``(1) In general.--The Secretary shall review existing regulations and guidance regarding the regulation of software under this Act. The Secretary may implement a new framework for the regulation of software and shall, as appropriate, modify such regulations and guidance or issue new regulations or guidance. ``(2) Issuance by order.--Notwithstanding subchapter II of chapter 5 of title 5, United States Code, the Secretary may modify or issue regulations for the regulation of software under this Act by administrative order published in the Federal Register following the publication of a proposed order. ``(3) Areas under review.--The review of existing regulations and guidance under paragraph (1) may include review of the following areas: ``(A) Classification of software. ``(B) Standards for development of software. ``(C) Standards for validation and verification of software. ``(D) Review of software. ``(E) Modifications to software. ``(F) Manufacturing of software. ``(G) Quality systems for software. ``(H) Labeling requirements for software. ``(I) Postmarketing requirements for reporting of adverse events. ``(4) Process for issuing proposed regulations, administrative order, and guidance.--Not later than 18 months after the date of enactment of this section, the Secretary shall consult with external stakeholders (including patients, industry, health care providers, academia, and government) to gather input before issuing regulations, an administrative order, and guidance under this subsection. ``(e) Rule of Construction.--Nothing in this section shall be construed as providing the Secretary with the authority to regulate under this Act any health software product of the type described in subparagraph (F) of section 201(ss)(1) unless and until the Secretary has made a determination described in subsection (b)(1)(B) with respect to such product.''. SEC. 4. EXCLUSION FROM DEFINITION OF DEVICE. Section 201(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended-- (1) in subparagraph (2), by striking ``or'' after ``or other animals,''; (2) in subparagraph (3), by striking ``and'' and inserting ``or''; and (3) by inserting after subparagraph (3) the following: ``(4) is not health software (other than software determined to be a risk to patient safety under section 524B(b)), and''.

Sensible Oversight for Technology which Advances Regulatory Efficiency Act or the SOFTWARE Act This bill amends the Federal Food, Drug, and Cosmetic Act to define health software as software that does not acquire, process, or analyze data from an in vitro diagnostic device or signal acquisition system, is not an accessory or part of a medical device, is not used to prevent disease in the transfusion of blood and blood components, and is for: administrative or operational support or the processing and maintenance of financial records; use in clinical, laboratory, or administrative workflow and recordkeeping; managing data but not for active patient monitoring or controlling the functions of a connected medical device; organizing and presenting information for health or wellness education or maintaining a healthy lifestyle; or analyzing information to provide general health information or patient-specific recommendations. The FDA must classify an accessory of a medical device independently from the medical device with which it is used. Health software is exempted from regulation by the FDA (including as a medical device), except for software that provides patient-specific recommendations and poses a significant risk to patient safety. The FDA must review existing regulations and guidance regarding the regulation of health software.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Accelerating Individuals into the Workforce Act''. SEC. 2. DEMONSTRATION PROJECTS TO SUPPORT SUBSIDIZED EMPLOYMENT FOR TANF RECIPIENTS. Section 403 of the Social Security Act (42 U.S.C. 603) is amended by adding at the end the following: ``(c) Subsidized Employment Demonstration Projects.-- ``(1) In general.--The Secretary shall make grants to States to conduct demonstration projects designed to implement and evaluate strategies that provide wage subsidies to enable low-income individuals to enter into and retain employment. ``(2) Application requirements.--The Secretary shall require each State that applies for a grant under this subsection to do the following: ``(A) Describe how wage subsidies will be provided (such as whether paid directly to the employer or the individual), the duration of the subsidies, the amount of the subsidies, the structure of the subsidies, and how employers will be recruited to participate in the subsidized employment program. ``(B) Describe how the State expects those participating in subsidized employment to be able to retain employment after the subsidy ends. ``(C) Describe how the State will coordinate subsidized employment funded under this subsection with other efforts to help low-income individuals enter work as conducted by the State. ``(3) Use of funds.-- ``(A) In general.--A State to which a grant is made under this subsection may use the grant to subsidize the wages of an eligible recipient for a period not exceeding 12 months, and only to the extent that the total of the funds paid under this project and any other Federal funds so used with respect to the recipient does not exceed 50 percent of the amount of the wages received by the recipient during the period. ``(B) Eligible recipient.--For purposes of subparagraph (A), an eligible recipient is-- ``(i)(I) a recipient of assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)); or ``(II) a noncustodial parent of a minor child who is receiving assistance referred to in subclause (I); ``(ii) who, at the time the subsidy begins, is unemployed; and ``(iii) whose income, at that time, is less than 200 percent of the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9902(2))). ``(4) Limitations.-- ``(A) Nondisplacement.--A State to which a grant is made under this subsection shall ensure that no participant in a subsidized job program funded in whole or in part under this subsection is employed or assigned to a job under the program-- ``(i) when any other individual is on layoff from the same or any substantially equivalent job; or ``(ii) if the employer has terminated the employment of any regular employee or otherwise caused an involuntary reduction of its workforce in order to fill the vacancy so created with an adult described in paragraph (1). ``(B) Grievance procedure.--A State with a program funded under this subsection shall establish and maintain a grievance procedure for resolving complaints of alleged violations of subparagraph (A). ``(C) No preemption.--Nothing in this paragraph shall preempt or supersede any provision of State or local law that provides greater protection for employees from displacement. ``(5) Reports.--As a condition of receiving funds under this subsection for a fiscal year, a State shall submit to the Secretary, within 6 months after the end of the fiscal year, a report that-- ``(A) specifies, for each month of the fiscal year, the number of individuals whose employment is subsidized with these funds; ``(B) describes the structure of the State activities to use the funds to subsidize employment, including the amount and duration of the subsidies provided; ``(C) specifies the percentage of eligible recipients who received a subsidy who are in unsubsidized employment during the 2nd quarter after the subsidy ended; ``(D) specifies the percentage of eligible recipients who received a subsidy who are in unsubsidized employment during the 4th quarter after the subsidy ended; and ``(E) specifies the median earnings of eligible recipients who received a subsidy who are in unsubsidized employment during the 2nd quarter after the subsidy ended. ``(6) Evaluation.--The Secretary, in consultation with each State conducting a demonstration project, shall conduct a high- quality evaluation of the demonstration project, and may reserve funds made available under this subsection to conduct the evaluation in accordance with the following: ``(A) Evaluator qualifications.--The Secretary may not enter into a contract with an evaluator unless the evaluator has demonstrated experience in conducting rigorous evaluations of program effectiveness including, where available and appropriate, well- implemented randomized controlled trials. ``(B) Methodologies to be used.--The evaluation of a demonstration project shall use experimental designs using random assignment or other reliable, evidence- based research methodologies that allow for the strongest possible causal inferences when random assignment is not feasible. ``(C) Public disclosure.--The Secretary shall publish the results of the evaluation on the website of the Department of Health and Human Services in a location easily accessible by the public. ``(7) Recommendations to congress.--The Secretary shall submit recommendations to the Congress on how to increase the employment, retention, and advancement of individuals currently or formerly receiving assistance under a State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)). ``(8) Funding.--Of the amounts made available to carry out subsection (b) for fiscal year 2017, the Secretary shall reserve $100,000,000 to carry out this subsection. ``(9) Use of certain funds for career pathways programs.-- The Secretary shall use 15 percent of the amounts reserved to carry out this subsection, to fund programs that offer career pathway (as defined in section 3(7) of the Workforce Innovation and Opportunity Act) services. ``(10) Availability of funds.--Funds provided to a State under this subsection in a fiscal year shall be expended by the State in the fiscal year or in the succeeding fiscal year.''. SEC. 3. EFFECTIVE DATE. The amendment made by this Act shall take effect on October 1, 2016.

Accelerating Individuals into the Workforce Act (Sec. 2) This bill amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to direct the Department of Health and Human Services (HHS) to make grants to states to conduct demonstration projects designed to implement and evaluate strategies that provide wage subsidies to enable low-income individuals to enter into and retain employment. A state may use a grant to subsidize a recipient's wages for only 12 months and for no more than 50% of the wages received. An eligible recipient of such a subsidy may be either a TANF recipient or a noncustodial parent of a minor child receiving TANF assistance, but must also be unemployed and have an income less than 200% of the poverty line. A state must ensure that a subsidy recipient does not displace an individual on layoff or an employee whose employment has been terminated to make a vacancy for the subsidy recipient. A state must also establish a grievance procedure for resolving complaints of alleged violations of this nondisplacement requirement. HHS shall reserve specified funds for FY2017 to carry out this program, 15% of which must fund programs offering career pathway training services under the Workforce Innovation and Opportunity Act. (Career pathways programs combine education, training, and other services aligned with the skill needs of industries in the economy of the state or regional economy involved in order to help an individual enter or advance within a specific occupation or occupational cluster.)

{"src": "billsum_train", "title": "Accelerating Individuals into the Workforce Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Stamp Anti-Fraud Act of 1995''. SEC. 2. EXPANDED DEFINITION OF COUPON. Section 3(d) of the Food Stamp Act of 1977 (7 U.S.C. 2012(d)) is amended by striking ``or type of certificate'' and inserting ``type of certificate, authorization card, cash or check issued as a coupon, or an access device, including an electronic benefits transfer card or a personal identification number,''. SEC. 3. DOUBLED PENALTIES FOR VIOLATING FOOD STAMP PROGRAM REQUIREMENTS. Section 6(b)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2015(b)(1)) is amended-- (1) in clause (i), by striking ``six months upon'' and inserting ``1 year on''; and (2) in clause (ii), by striking ``1 year upon'' and inserting ``2 years on''. SEC. 4. AUTHORITY TO ESTABLISH AUTHORIZATION PERIODS. Section 9(a)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2018(a)(1)) is amended by adding at the end the following: ``(3) Authorization periods.--The Secretary is authorized to issue regulations establishing specific time periods during which authorization to accept and redeem coupons under the food stamp program shall be valid.''. SEC. 5. SPECIFIC PERIOD FOR PROHIBITING PARTICIPATION OF STORES BASED ON LACK OF BUSINESS INTEGRITY. Section 9(a)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2018(a)(1)) (as amended by section 4) is further amended by adding at the end the following: ``(4) Periods for participation of stores and concerns.-- The Secretary may issue regulations establishing specific time periods during which a retail food store or wholesale food concern that has an application for approval to accept and redeem coupons denied or that has an approval withdrawn on the basis of business integrity and reputation cannot submit a new application for approval. The periods shall reflect the severity of business integrity infractions that are the basis of the denials or withdrawals.''. SEC. 6. INFORMATION FOR VERIFYING ELIGIBILITY FOR AUTHORIZATION. Section 9(c) of the Food Stamp Act of 1977 (7 U.S.C. 2018(c)) is amended-- (1) in the first sentence, by inserting ``, which may include relevant income and sales tax filing documents,'' after ``submit information''; and (2) by inserting after the first sentence the following: ``The regulations may require retail food stores and wholesale food concerns to provide written authorization for the Secretary to verify all relevant tax filings with appropriate agencies and to obtain corroborating documentation from other sources so that the accuracy of information provided by the stores and concerns may be verified.''. SEC. 7. WAITING PERIOD FOR STORES THAT INITIALLY FAIL TO MEET AUTHORIZATION CRITERIA. Section 9(d) of the Food Stamp Act of 1977 (7 U.S.C. 2018(d)) is amended by adding at the end the following: ``A retail food store or wholesale food concern that has an application for approval to accept and redeem coupons denied because the store or concern does not meet criteria for approval established by the Secretary by regulation may not submit a new application for 6 months from the date of the denial.''. SEC. 8. MANDATORY CLAIMS COLLECTION METHODS. (a) Disclosure of Information.--Section 11(e)(8) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(8)) is amended by inserting before the semicolon at the end the following: ``or from refunds of Federal taxes under section 3720A of title 31, United States Code''. (b) Other Means of Collection.--Section 13(d) of the Act (7 U.S.C. 2022(d)) is amended-- (1) by striking ``may be recovered'' and inserting ``shall be recovered''; and (2) by inserting before the period at the end the following: ``or a refund of Federal taxes under section 3720A of title 31, United States Code.''. SEC. 9. BASES FOR SUSPENSIONS AND DISQUALIFICATIONS. Section 12(a) of the Food Stamp Act of 1977 (7 U.S.C. 2021(a)) is amended by adding at the end the following: ``Regulations issued pursuant to this Act shall provide criteria for the finding of a violation, and the suspension or disqualification of a retail food store or wholesale food concern, on the basis of evidence that may include facts established through on-site investigations, inconsistent redemption data, or evidence obtained through transaction reports under electronic benefits transfer systems.''. SEC. 10. DISQUALIFICATION OF STORES PENDING JUDICIAL AND ADMINISTRATIVE REVIEW. (a) Authority.--Section 12(a) of the Food Stamp Act of 1977 (7 U.S.C. 2021(a)) (as amended by section 9) is amended by adding at the end the following: ``The regulations may establish criteria under which the authorization of a retail food store or wholesale food concern to accept and redeem coupons may be suspended at the time the store or concern is initially found to have committed a violation of a requirement of the food stamp program. The suspension may coincide with the period of a review under section 14. The Secretary shall not be liable for the value of any sales lost during a suspension or disqualification period.''. (b) Review.--Section 14(a) of the Act (7 U.S.C. 2023(a)) is amended-- (1) in the first sentence, by striking ``disqualified or subjected'' and inserting ``suspended, disqualified, or subjected''; (2) in the fifth sentence, by inserting before the period at the end the following: ``, except that, in the case of the suspension of a retail food store or wholesale food concern under section 12(a), the suspension shall remain in effect pending any judicial or administrative review of the proposed disqualification action, and the period of suspension shall be considered a part of any period of disqualification that is imposed''; and (3) by striking the last sentence. SEC. 11. DISQUALIFICATION OF RETAILERS WHO ARE DISQUALIFIED UNDER THE WIC PROGRAM. Section 12 of the Food Stamp Act of 1977 (7 U.S.C. 2021) is amended by adding at the end the following: ``(g) Disqualification of Retailers Who Are Disqualified Under the WIC Program.-- ``(1) In general.--The Secretary shall issue regulations providing criteria for the disqualification of an approved retail food store and a wholesale food concern that is disqualified from accepting benefits under the special supplemental nutrition program for women, infants, and children established under section 17 of the Child Nutrition Act of 1966 (7 U.S.C. 1786). ``(2) Terms.--A disqualification under paragraph (1)-- ``(A) shall be for the same period as the disqualification from the program referred to in paragraph (1); ``(B) may begin at a later date than the disqualification from the program referred to in paragraph (1); and ``(C) notwithstanding section 14, shall not be subject to judicial or administrative review.''. SEC. 12. PERMANENT DEBARMENT OF RETAILERS WHO INTENTIONALLY SUBMIT FALSIFIED APPLICATIONS. Section 12 of the Food Stamp Act of 1977 (7 U.S.C. 2021) (as amended by section 11) is amended by adding at the end the following: ``(h) Falsified Applications.-- ``(1) In general.--The Secretary shall issue regulations providing for the permanent disqualification of a retail food store, or wholesale food concern, that knowingly submits an application for approval to accept and redeem coupons that contains false information about a substantive matter that was a basis for approving the application. ``(2) Review.--A disqualification under paragraph (1) shall be subject to judicial and administrative review under section 14, except that the disqualification shall remain in effect pending the review.''. SEC. 13. CRIMINAL FORFEITURE. Section 15 of the Act (7 U.S.C. 2024) is amended by adding at the end the following: ``(h) Criminal Forfeiture.-- ``(A) In general.--Any person convicted of violating subsection (b) or (c) involving food stamp benefits having an aggregate value of not less than $5,000, shall forfeit to the United States-- ``(i) any food stamp benefits and any property constituting, or derived from, or traceable to any proceeds the person obtained directly or indirectly as a result of the violation; and ``(ii) any food stamp benefits and any property of the person used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of the violation. ``(B) Sentence.--In imposing a sentence on a person under subparagraph (A), a court shall order that the person forfeit to the United States all property described in this subsection. ``(C) Procedures.--Any food stamp benefits or property subject to forfeiture under this subsection, any seizure or disposition of the benefits or property, and any administrative or judicial proceeding relating to the benefits or property, shall be governed by subsections (b), (c), (e), and (g) through (p) of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), if not inconsistent with this subsection. ``(3) Excluded property.--This subsection shall not apply to property referred to in subsection (g).''. SEC. 14. EFFECTIVE DATE. Except as otherwise provided in this Act, this Act and the amendments made by this Act shall become effective on October 1, 1995.

Food Stamp Anti-Fraud Act of 1995 - Amends the Food Stamp Act of 1977 to expand the definition of "coupon." Increases penalties for specified food stamp program (program) violations. Authorizes the Secretary of Agriculture to establish specific time periods for: (1) retail food stores and wholesale food concerns (stores) to apply for program participation; and (2) prohibition of program participation based on lack of business integrity. Includes income and sales tax information among the types of eligibility verification information which may be requested. Establishes a six-month reapplication waiting period for a store that does not meet participation requirements. Makes the collection of overissuance of coupons from Federal pay or Federal tax refunds (as authorized by this section) mandatory. Authorizes suspension of a store pending administrative and judicial review. (States that the Secretary shall not be liable for lost sales during such period.) Provides for disqualification of a store that is disqualified from the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). Provides for permanent disqualification of a store that knowingly submits a falsified application. Establishes criminal forfeiture penalties for specified program violations.

{"src": "billsum_train", "title": "Food Stamp Anti-Fraud Act of 1995"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Small Business Succeed Act of 2009''. SEC. 2. MAXIMUM LOAN AMOUNTS UNDER 7(A) PROGRAM. Section 7(a)(3)(A) of the Small Business Act (15 U.S.C. 636(a)(3)(A)) is amended by striking ``$1,500,000 (or if the gross loan amount would exceed $2,000,000'' and inserting ``$4,875,000 (or if the gross loan amount would exceed $5,000,000''. SEC. 3. MAXIMUM LOAN AMOUNTS UNDER 504 PROGRAM. Section 502(2)(A) of the Small Business Investment Act of 1958 (15 U.S.C. 696(2)(A)) is amended-- (1) in clause (i), by striking ``$1,500,000'' and inserting ``$4,000,000''; (2) in clause (ii), by striking ``$2,000,000'' and inserting ``$5,000,000''; (3) in clause (iii), by striking ``$4,000,000'' and inserting ``$5,500,000''; (4) in clause (iv), by striking ``$4,000,000'' and inserting ``$5,500,000''; and (5) in clause (v), by striking ``$4,000,000'' and inserting ``$5,500,000''. SEC. 4. MAXIMUM LOAN LIMITS UNDER MICROLOAN PROGRAM. Section 7(m) of the Small Business Act (15 U.S.C. 636(m)) is amended-- (1) in paragraph (1)(B)(iii), by striking ``$35,000'' and inserting ``$50,000''; (2) in paragraph (3)(E), by striking ``$35,000'' each place that term appears and inserting ``$50,000''; and (3) in paragraph (11)(B), by striking ``$35,000'' and inserting ``$50,000''. SEC. 5. MAXIMUM LOAN GUARANTEE UNDER 7(A) PROGRAM. (a) In General.-- (1) Amendment.--Section 7(a)(2)(A) of the Small Business Act (15 U.S.C. 636(a)(2)(A)) is amended by striking ``equal to--'' and all that follows and inserting ``equal to 97.5 percent of the amount of the loan.''. (2) Prospective repeal.--Effective October 3, 2011, section 7(a)(2)(A) of the Small Business Act (15 U.S.C. 636(a)(2)(A)) is amended by striking ``equal to 97.5 percent of the amount of the loan.'' and inserting ``equal to-- ``(i) 75 percent of the balance of the financing outstanding at the time of disbursement of the loan, if such balance exceeds $150,000; or ``(ii) 85 percent of the balance of the financing outstanding at the time of disbursement of the loan, if such balance is less than or equal to $150,000.''. (b) Conforming Amendment.--Section 502(a) of title V of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111- 5; 123 Stat. 152) is amended by striking ``90 percent'' and inserting ``97.5 percent''. SEC. 6. EXTENSION OF FEE REDUCTIONS. (a) Extension of Fee Reductions.--Section 501 of title V of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 151) is amended by striking ``September 30, 2010'' each place that term appears and inserting ``October 3, 2011''. (b) Availability of Funds.--The matter under the heading ``Business Loans Program Account'' under the heading ``SMALL BUSINESS ADMINISTRATION'' in title V of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 151) is amended-- (1) by striking ``to remain available until September 30, 2010'' the second place it appears; (2) by inserting ``and shall remain available until October 3, 2011'' after ``section 501 of this title''; and (3) by inserting ``and shall remain available until September 30, 2010'' after ``section 506 of this title''. SEC. 7. ECONOMIC DISASTER LOANS. (a) Authority To Make Loans.--The Administrator of the Small Business Administration may make a loan to a small business concern (as defined under section 3 of the Small Business Act (15 U.S.C. 632)) that is located in an economic disaster area under the same terms and conditions and for the same purposes as a loan under section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)). (b) Economic Disaster Area.--For purposes of this section, the term ``economic disaster area'' means a geographic area that the Administrator of the Small Business Administration determines has-- (1) a per capital income of not more than 80 percent of the average per capita income in the United States, based on the most recent available data from the Bureau of Labor Statistics of the Department of Labor; (2) an average unemployment rate that is not less than 1 percentage point greater than the average unemployment rate in the United States, during the most recent 24-month period for which data from the Bureau of Labor Statistics of the Department of Labor are available; and (3) a special need. (c) Sunset.--The authority of the Administrator of the Small Business Administration to make a loan under subsection (a) shall terminate on October 3, 2011. SEC. 8. FUNDING. (a) Revenue From Sale of Troubled Assets and Warrants.--Section 106(d) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5216(d)) is amended-- (1) by striking ``Revenues of'' and inserting the following: ``(1) In general.--Except as provided in paragraph (2), revenues of''; and (2) by adding at the end the following: ``(2) Transfer to small business administration.--From amounts received under paragraph (1), the Secretary shall transfer to the Administrator of the Small Business Administration such amounts as are necessary to carry out the Helping Small Business Succeed Act of 2009 and the amendments made by that Act.''. (b) Authorization of Appropriations.--In addition to any amounts transferred to the Administrator of the Small Business Administration under section 106(d) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5216(d)), as amended by this Act, there are authorized to be appropriated such sums as may be necessary to carry out this Act and the amendments made by this Act.

Helping Small Business Succeed Act of 2009 - Amends the Small Business Act to increase maximum amounts of loans under the section 7(a) guaranteed loan program and the Microloan Program. Amends the Small Business Investment Act of 1958 to increase maximum amounts of loans to state and local development companies for plant acquisition, construction, conversion, and expansion. Increases the maximum loan guarantee percentage under the 7(a) program, effective until October 3, 2011. Amends the American Recovery and Reinvestment Act of 2009 to extend through such date the authority to extend increased loan guarantees to small business lenders and to eliminate certain loan fees. Authorizes the Administrator of the Small Business Administration (SBA), through such date, to make loans to small businesses located in an economic disaster area. Amends the Emergency Economic Stabilization Act of 2008 to direct the Secretary of the Treasury to transfer to the Administrator necessary amounts to carry out this Act.

{"src": "billsum_train", "title": "A bill to make improvements to certain loan programs under the Small Business Act and the Small Business Investment Act of 1958, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dr. Todd Graham Pain Management Improvement Act of 2018''. SEC. 2. PAIN MANAGEMENT STUDY. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall conduct a study and submit to the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate a report containing recommendations on whether and how reimbursement to providers and suppliers of services, coverage, and coding policies related to the use of multi-disciplinary, evidence- based, non-opioid treatments for acute and chronic pain management for individuals entitled to benefits under part A or enrolled under part B of title XVIII of the Social Security Act should be revised. The Secretary shall make such report available on the public website of the Centers for Medicare & Medicaid Services. (b) Consultation.--In developing the report described in subsection (a), the Secretary shall consult with-- (1) relevant agencies within the Department of Health and Human Services; (2) licensed and practicing osteopathic and allopathic physicians, physician assistants, nurse practitioners, dentists, and pharmacists; (3) hospitals and other medical facilities, including acute care hospitals, cancer hospitals, psychiatric hospitals, hospital emergency departments, facilities furnishing urgent care services, ambulatory surgical centers, and post-acute care and long-term care facilities (such as skilled nursing facilities, inpatient rehabilitation facilities, long-term care hospitals, and home health agencies); (4) substance abuse and mental health professional organizations; (5) pain management professional organizations and advocacy entities, including individuals who personally suffer chronic pain; (6) medical professional organizations and medical specialty organizations; (7) licensed health care providers who furnish alternative pain management services; (8) organizations with expertise in the development of innovative medical technologies for pain management; (9) beneficiary advocacy organizations; and (10) other organizations with expertise in the assessment, diagnosis, treatment, and management of pain, as determined appropriate by the Secretary. (c) Contents.--The report described in subsection (a) shall include the following: (1) The recommendations described in subsection (d). (2) The impact analysis described in subsection (e). (3) An assessment of pain management guidance published by the Federal Government that may be relevant to coverage determinations or other coverage requirements under title XVIII of the Social Security Act. (4) Recommendations for updating, including expanding, the ``CDC Guideline for Prescribing Opioids for Chronic Pain-- United States, 2016'' published in March 2016 by the Centers for Disease Control and Prevention, including for purposes of management of pain. Such recommendations shall-- (A) consider incorporating relevant elements of the ``Va/DoD Clinical Practice Guideline for Opioid Therapy for Chronic Pain'' published in February 2017 by the Department of Veterans Affairs and Department of Defense, including adoption of elements of the Department of Defense and Veterans Administration pain rating scale; and (B) include recommendations on how the ``CDC Guideline for Prescribing Opioids for Chronic Pain-- United States, 2016'', as so updated, could be adopted by health care providers across clinical settings. (5) An evaluation of the following: (A) Barriers inhibiting individuals entitled to benefits under part A or enrolled under part B of such title from accessing treatments and technologies described in subparagraphs (A) through (C) of paragraph (6). (B) Potential legislative and administrative changes under such title to improve individuals' access to items and services currently covered under such title and used for the treatment of pain, such as cognitive behavioral interventions, physical therapy, occupational therapy, physical medicine, biofeedback therapy, and chiropractic therapy, and other pain treatments services furnished in a hospital or post- acute care setting. (C) Costs and benefits associated with potential expansion of coverage under such title to include items and services not covered under such title that may be used for the treatment of pain, such as acupuncture, therapeutic massage, and items and services furnished by integrated pain management programs. (6) An analysis on reimbursement, coverage, and coding policies (including DRG classification, CPT, HCPCS, NDC, and other applicable codes) under title XVIII of the Social Security Act with respect to the following: (A) Non-opioid based treatments and technologies for chronic or acute pain, including such treatments that are covered, not covered, or have limited coverage under such title. (B) Non-opioid based treatments and technologies that monitor substance use withdrawal and prevent overdoses of opioids. (C) Non-opioid based treatments and technologies that treat substance use disorders. (D) Items and services furnished by practitioners through a multi-disciplinary treatment model for pain management. (E) Medical devices, non-opioid based drugs, and other therapies (including interventional and integrative pain therapies) approved or cleared by the Food and Drug Administration for the treatment of pain. (F) Items and services furnished to beneficiaries with psychiatric disorders, substance use disorders, or who are at risk of suicide, or have comorbidities and require consultation or management of pain with one or more specialists in pain management, mental health, or addiction treatment. (d) Recommendations.--The recommendations described in this subsection are, with respect to individuals entitled to benefits under part A or enrolled under part B of title XVIII of the Social Security Act, legislative and administrative recommendations on the following: (1) Options for additional coverage of pain management therapies without the use of opioids, including interventional pain therapies, and options to augment opioid therapy with other clinical and complementary, integrative health services to minimize the risk of substance use disorder, including in a hospital setting. (2) Options for coverage and reimbursement modifications of medical devices and non-opioid based pharmacological and non- pharmacological therapies (including interventional and integrative pain therapies) approved or cleared by the Food and Drug Administration for the treatment of pain as an alternative or augment to opioid therapy. (3) Treatment strategies for beneficiaries with psychiatric disorders, substance use disorders, or who are at risk of suicide, and treatment strategies to address health disparities related to opioid use and opioid abuse treatment. (4) Treatment strategies for beneficiaries with comorbidities who require a consultation or comanagement of pain with one or more specialists in pain management, mental health, or addiction treatment, including in a hospital setting. (5) Coadministration of opioids and other drugs, particularly benzodiazepines. (6) Appropriate case management for beneficiaries who transition between inpatient and outpatient hospital settings, or between opioid therapy to non-opioid therapy, which may include the use of care transition plans. (7) Outreach activities designed to educate providers of services and suppliers under the Medicare program and individuals entitled to benefits under part A or under part B of such title on alternative, non-opioid therapies to manage and treat acute and chronic pain. (8) Creation of a beneficiary education tool on alternatives to opioids for chronic pain management. (e) Impact Analysis.--The impact analysis described in this subsection consists of an analysis of any potential effects implementing the recommendations described in subsection (d) would have-- (1) on expenditures under the Medicare program; and (2) on preventing or reducing opioid addiction for individuals receiving benefits under the Medicare program.

Dr. Todd Graham Pain Management Improvement Act of 2018 This bill requires the Centers for Medicare & Medicaid Services to publish a report on whether Medicare payments, coverage, and coding policies for non-opioid pain management treatments should be revised. The report must include an analysis of pain management and prescribing guidelines, access to non-opioid treatments, and the effect of any recommended changes on Medicare and enrollee opioid addiction.

{"src": "billsum_train", "title": "Dr. Todd Graham Pain Management Improvement Act of 2018"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Remedies for Refusal of Repatriation Act''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Foreign Relations of the Senate; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; (C) the Committee on the Judiciary of the Senate; (D) the Committee on Foreign Affairs of the House of Representatives; (E) the Committee on Homeland Security of the House of Representatives; and (F) the Committee on the Judiciary of the House of Representatives. (2) Crime of violence.--The term ``crime of violence'' has the meaning given that term in section 16 of title 18, United States Code. (3) Felony.--The term ``felony'' means-- (A) a crime classified as a felony in the convicting jurisdiction, excluding State or local offenses for which an essential element was the alien's immigration status; or (B) in the case of an offense under section 276 of the Immigration and Nationality Act (8 U.S.C. 1326), or other Federal immigration-related offense that the Secretary may designate by regulation, an offense for which the term of imprisonment imposed on the defendant exceeded 1 year. SEC. 3. REMEDIES FOR SYSTEMATIC REFUSAL OF REPATRIATION. (a) Criteria for Systematic Refusal or Delay.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security shall establish procedures for determining whether the government of a foreign country systematically and unreasonably refuses or delays the repatriation of nationals of such country who-- (1) have been ordered removed from the United States; and (2)(A) have been convicted of a felony; (B) have been convicted of a crime of violence; or (C) are a threat to national security or public safety. (b) Requirements for Inclusion on Refusal or Delay List.--A country shall be deemed to systematically and unreasonably refuse or delay the repatriation of its nationals if-- (1) the country refuses-- (A) to repatriate an individual described in subsection (a) who has been ordered removed notwithstanding the designation of such country as the place to which the individual is to be removed by the United States under section 241(b) of the Immigration and Nationality Act (8 U.S.C. 1231(b)); and (B)(i) to secure and analyze all documents within its control that could tend to identify the nationality of such individual; or (ii) to ensure that a government official capable of determining that such individual is a national of such country interviews such individual and, if additional evidence is needed, such individual's family; or (2) other factors indicate that the country systematically and unreasonably refuses or delays the repatriation of nationals of such country who are described in subsection (a) and have been ordered removed to such country by the United States. (c) Notification Requirements.--Upon determining that a country systematically and unreasonably refuses or delays repatriation of its nationals-- (1) the Secretary of Homeland Security shall notify the Secretary of State of such determination in writing not later than 5 days after such determination; and (2) the Secretary of State and the Secretary of Homeland Security shall-- (A) meet concurrently with representatives of the foreign government in the United States and in the foreign country about such determination; and (B) notify such representatives that the United States may discontinue issuance of visas to nationals of such country under section 243(d) of the Immigration and Nationality Act (8 U.S.C. 1253(d)). (d) Discontinuance of Visas.--In furtherance of section 243(d) of the Immigration and Nationality Act (8 U.S.C. 1253) and except as provided under subsection (e), if a country described in subsection (c) continues to systematically and unreasonably refuse or delay the repatriation of its nationals described in subsection (a) after receiving notification under subsection (c)(2)(B)-- (1) the Secretary of Homeland Security shall notify the Secretary of State that the country meets the criteria described in section 243(d) of the Immigration and Nationality Act (8 U.S.C. 1253(d)); and (2) the Secretary of State shall discontinue the issuance of visas in accordance with such section. (e) Exception.--If the Secretary of Homeland Security determines that it is not in the interests of the United States to discontinue the issuance of visas to nationals of a country described in subsection (d), the Secretary of Homeland Security shall submit to the appropriate committees of Congress a report documenting the reasons for such determination. (f) Public Dissemination of Information.--The Secretary of Homeland Security and the Secretary of State shall list countries that systematically and unreasonably refuse or delay repatriation of their nationals described in subsection (a) on the Web sites of their respective departments. (g) Reports to Congress.--Not later than March 1 of each year, the Secretary of Homeland Security and the Secretary of State shall jointly submit to the appropriate committees of Congress a report that-- (1) identifies the countries that met the criteria developed pursuant to subsection (a) in the previous calendar year; (2) describes the actions taken by the Secretary of Homeland Security and the Secretary of State after determining that a country met the criteria developed pursuant to subsection (a); (3) identifies the countries included in the notifications described in subsections (c) and (d) and the actions taken by the Secretary of State as a result of such notifications; (4) identifies the countries that do not meet the criteria described in subsection (b), but have refused or delayed the repatriation of their nationals; and (5) describes the actions taken by the Secretary of Homeland Security and the Secretary of State with respect to the countries described in paragraph (4).

Remedies for Refusal of Repatriation Act This bill requires the Department of Homeland Security (DHS) to establish procedures for determining whether a foreign government systematically and unreasonably refuses or delays the repatriation of its nationals who: (1) have been ordered removed from the United States; and (2) have been convicted of a felony or a crime of violence or are a threat to national security or public safety. Upon determining that a country does refuse or delay repatriation of its nationals, DHS shall notify the Department of State and the two departments shall meet with the country's representatives and notify them that the United States may deny visas to their nationals. If the country continues to refuse or delay the repatriation of its nationals, the State Department shall discontinue the issuance of visas, unless DHS determines that such discontinuance is not in U.S. interests. DHS and the State Department shall list such countries on their websites.

{"src": "billsum_train", "title": "Remedies for Refusal of Repatriation Act"}

SECTION 1. DESIGN-BUILD CONSTRUCTION PROCESS IMPROVEMENT. (a) Civilian Contracts.--Section 3309 of title 41, United States Code, is amended-- (1) in subsection (d), by striking ``The maximum number specified in the solicitation shall not exceed 5 unless the agency determines with respect to'' and all that follows through the period at the end and inserting the following: ``The maximum number specified in the solicitation shall not exceed 5 unless the head of the contracting activity approves the contracting officer's justification that an individual solicitation must have greater than 5 finalists to be in the Federal Government's interest. The contracting officer shall provide written documentation of how a maximum number of offerors exceeding 5 is consistent with the purposes and objectives of the two-phase selection process.''; and (2) by adding at the end the following new subsection: ``(f) Design and Construction Contracts.--Two-phase selection procedures shall be used for entering into a contract for the design and construction of a public building, facility, or work when a contracting officer determines that the contract has a value of $750,000 or greater, as adjusted for inflation in accordance with section 1908 of title 41, United States Code.''. (b) Defense Contracts.--Section 2305a(d) of title 10, United States Code, is amended-- (1) in subsection (d) by striking ``The maximum number specified in the solicitation shall not exceed 5 unless the agency determines with respect to'' and all that follows through the period at the end and inserting the following: ``The maximum number specified in the solicitation shall not exceed 5 unless the head of the agency contracting activity approves the contracting officers justification that an individual solicitation must have greater than 5 finalists to be in the Federal Government's interest. The contracting officer shall provide written documentation of how a maximum number of offerors exceeding 5 is consistent with the purposes and objectives of the two-phase selection process.''; and (2) by adding at the end the following new subsection: ``(f) Design and Construction Contracts.--Two-phase selection procedures shall be used for entering into a contract for the design and construction of a public building, facility, or work when a contracting officer determines that the contract has a value of $750,000 or greater, as adjusted for inflation in accordance with section 1908 of title 41, United States Code.''. (c) Reports.-- (1) Reports regarding agency actions.-- (A) In general.--There shall be compiled for each executive agency an annual report of each instance in which the agency awarded a design-build contract pursuant to section 3309 of title 41, United States Code, or section 2305a(d) of title 10, United States Code, as amended by this Act, in which-- (i) more than 5 finalists were selected for phase-two requests for competitive proposals; or (ii) the contract was awarded without using two-phase selection procedures. (B) Responsibility.--The Director of the Office of Management and Budget shall designate the head of each executive agency to serve as executive agent for the compilation of the report required by subparagraph (A) and to facilitate public access to the report through electronic means. A notice of the availability of each report shall be published in the Federal Register. (C) Deadline.--The first report shall include reportable instances during the fiscal year that includes the date of enactment of this Act. Additional reports shall be issued for the subsequent 4 fiscal years. Each report shall be issued within 60 days after the end of the fiscal year covered by the report. (2) GAO report.--Not later than 270 days after the deadline for the final report required under paragraph (1), the Comptroller General of the United States shall issue a report analyzing the compliance of the various executive agencies in complying with the requirements of section 3309 of title 41, United States Code, and section 2305a(d) of title 10, United States Code, as applicable, as amended by this section. (3) Executive agency defined.--In this subsection, the term ``executive agency'' has the meaning given the term in section 133 of title 41, United States Code.

Modifies design-build selection procedures for civilian and defense contracts for the design and construction of a public building, facility, or work to require the contracting officer to provide written documentation of how more than five finalists in a solicitation for a contract is consistent with the purposes and objectives of the two-phase selection process (a procurement process in which the first phase consists of prequalification or shortlisting and the second phase consists of preparation and submission of complete design-build proposals from the prequalified offerors). Requires the use of two-phase selection procedures for civilian or defense contracts when a contracting officer determines that the contract has a value of $750,000 or greater, adjusted for inflation. Requires: (1) agencies to report on contracts for which more than five finalists were selected for phase-two requests or for which the contract was awarded without using two-phase selection procedures, and (2) the Comptroller General (GAO) to report on the compliance of executive agencies with design-build contract procedures.

{"src": "billsum_train", "title": "A bill to improve the design-build process in Federal contracting."}

SECTION 1. CERTAIN ENTRIES OF SALMON. (a) Liquidation or Reliquidation of Entries.--Notwithstanding sections 514 and 520 of the Tariff Act of 1930 (19 U.S.C. 1514 and 1520) or any other provision of law, the Secretary of the Treasury shall, not later than 90 days after the date of enactment of this Act, liquidate or reliquidate the entries listed in subsection (b) without assessment of antidumping duties or interest and shall refund any antidumping duties or interest which were previously paid on such entries. (b) Affected Entries.--The entries referred to in subsection (a) are the following: Entry number Date of entry Port 121462-6 07/30/98 Miami 121624-1 08/01/98 Miami 121641-5 08/02/98 Miami 121897-3 08/06/98 Miami 122072-2 08/08/98 Miami 122088-8 08/09/98 Miami 122407-0 08/14/98 Miami 122409-6 08/14/98 Miami 122495-5 08/15/98 Miami 122868-3 08/21/98 Miami 123222-2 08/27/98 Miami 123382-4 08/29/98 Miami 123643-9 09/03/98 Miami 123717-1 09/04/98 Miami 123798-1 09/05/98 Miami 123799-9 09/05/98 Miami 123833-6 09/06/98 Miami 124061-3 09/10/98 Miami 124149-6 09/11/98 Miami 124152-0 09/11/98 Miami 124236-1 09/12/98 Miami 124522-4 09/18/98 Miami 124523-2 09/17/98 Miami 124601-6 09/18/98 Miami 124932-5 09/26/98 Miami 124934-1 09/26/98 Miami 124938-2 09/27/98 Miami 124977-0 09/27/98 Miami 124982-0 09/27/98 Miami 125021-6 09/28/98 Miami 125306-1 10/03/98 Miami 125310-3 10/03/98 Miami 125707-0 10/08/98 Miami 125715-3 10/08/98 Miami 125772-4 10/09/98 Miami 125773-2 10/09/98 Miami 125775-7 10/09/98 Miami 125848-2 10/10/98 Miami 125966-2 10/14/98 Miami 126227-8 10/16/98 Miami 126300-3 10/17/98 Miami 126360-7 10/18/98 Miami 126386-2 10/19/98 Miami 126626-1 10/22/98 Miami 126627-9 10/22/98 Miami 126687-3 10/23/98 Miami 126688-1 10/23/98 Miami 126710-3 10/23/98 Miami 126732-7 10/23/98 Miami 126781-4 10/24/98 Miami 126807-7 10/26/98 Miami 127041-2 10/29/98 Miami 127105-5 10/30/98 Miami 127200-4 10/31/98 Miami 127264-0 11/02/98 Miami 127459-6 11/13/98 Miami 127543-7 11/06/98 Miami 127595-7 11/07/98 Miami 127827-4 11/12/98 Miami 127936-3 11/20/98 Miami 127938-9 12/03/98 Miami 128015-5 11/14/98 Miami 128058-5 11/15/98 Miami 128103-9 11/16/98 Miami 128359-7 11/19/98 Miami 128473-6 11/20/98 Miami 128482-7 11/20/98 Miami 128528-7 11/21/98 Miami 128553-5 11/21/98 Miami 128580-8 11/22/98 Miami 128817-4 11/26/98 Miami 128853-9 11/27/98 Miami 128858-8 11/27/98 Miami 128944-6 11/28/98 Miami 128999-0 11/29/98 Miami 129388-5 12/04/98 Miami 129412-3 12/04/98 Miami 129512-0 12/05/98 Miami 129527-8 12/06/98 Miami 129786-0 12/10/98 Miami 129980-9 12/13/98 Miami 130054-0 12/13/98 Miami 130089-6 12/14/98 Miami 130094-6 12/14/98 Miami 130375-9 12/18/98 Miami 130548-1 12/21/98 Miami 130564-8 12/20/98 Miami 130567-1 12/20/98 Miami 130574-7 12/20/98 Miami 130633-1 12/21/98 Miami 130880-8 12/24/98 Miami 131259-4 12/31/98 Miami 131464-0 01/06/99 Miami 131548-0 01/07/99 Miami 131602-5 01/08/99 Miami 131709-8 01/10/99 Miami 131745-2 01/15/99 Miami 131746-0 01/11/99 Miami 131900-3 01/13/99 Miami 131970-6 01/14/99 Miami 132097-7 01/15/99 Miami 132197-5 01/17/99 Miami 132226-2 01/18/99 Miami 132374-0 01/20/99 Miami 132461-5 01/21/99 Miami 132551-3 01/22/99 Miami 132716-2 01/25/99 Miami 132762-6 01/25/99 Miami 132897-0 01/27/99 Miami 132947-3 01/28/99 Miami 132951-5 01/28/99 Miami 133038-0 01/29/99 Miami 133178-4 01/31/99 Miami 133251-9 02/01/99 Miami 133779-9 02/09/99 Miami 133877-1 02/10/99 Miami 133938-1 02/11/99 Miami 134025-6 02/13/99 Miami 134116-3 02/13/99 Miami 134166-8 02/15/99 Miami 134177-5 02/15/99 Miami 134391-2 02/18/99 Miami 134472-0 02/19/99 Miami 134591-7 02/21/99 Miami 134617-0 02/22/99 Miami 135057-8 02/28/99 Miami 135079-2 03/01/99 Miami 135518-9 03/07/99 Miami 135570-0 03/08/99 Miami 135776-3 03/11/99 Miami 135779-7 03/11/99 Miami 135855-5 03/12/99 Miami 136183-1 03/18/99 Miami 136256-5 03/19/99 Miami 136366-2 03/21/99 Miami 136556-8 03/24/99 Miami 136606-1 03/26/99 Miami 137025-3 03/31/99 Miami 137104-6 04/02/99 Miami 137376-0 04/07/99 Miami 137429-7 04/08/99 Miami 137545-0 04/10/99 Miami 137650-8 04/12/99 Miami 137834-8 04/02/99 Miami 137875-1 04/15/99 Miami 137908-0 04/17/99 Miami 138233-2 04/21/99 Miami 138341-3 04/22/99 Miami 138789-3 04/29/99 Miami 138880-0 04/30/99 Miami 139184-6 05/05/99 Miami 139239-8 05/06/99 Miami 139425-3 05/08/99 Miami 139456-8 05/09/99 Miami 139541-7 05/11/99 Miami 139872-6 05/15/99 Miami 139905-4 05/17/99 Miami 139996-3 05/18/99 Miami 140203-1 05/21/99 Miami 140319-5 05/22/99 Miami 140752-7 05/29/99 Miami 140785-7 05/31/99 Miami 140925-9 06/02/99 Miami 141010-9 06/03/99 Miami 141178-4 06/06/99 Miami 141193-3 06/07/99 Miami 141565-2 06/12/99 Miami 141609-8 06/13/99 Miami 141783-1 06/16/99 Miami 141847-4 06/17/99 Miami 141968-8 06/18/99 Miami 142047-0 06/19/99 Miami 142574-3 06/26/99 Miami 142619-6 06/27/99 Miami 142814-3 06/30/99 Miami

Directs the Secretary of the Treasury to liquidate or reliquidate, without assessment of antidumping duties or interest, specified entries of salmon at the port of Miami, Florida. Requires refund of any antidumping duties or interest previously paid on such entries.

{"src": "billsum_train", "title": "A bill to reliquidate certain entries of salmon."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Joint Administrative Procedures Committee Act of 2003'' or the ``JAPC Act''. SEC. 2. ESTABLISHMENT OF A JOINT ADMINISTRATIVE PROCEDURES COMMITTEE. Section 802 of title 5, United States Code, is amended by redesignating subsection (g) as subsection (i) and by inserting before subsection (i) the following new subsection: ``(h)(1) There is established a Joint Administrative Procedures Committee to be composed of 12 Members of the Senate to be appointed by the majority leader of the Senate and 12 Members of the House of Representatives to be appointed by the Speaker of the House of Representatives. In each instance, not more than 7 Members shall be members of the same political party. ``(2) In carrying out its duties under this chapter, the joint committee, or any duly authorized subcommittee thereof, is authorized to-- ``(A) hold such hearings, to sit and act at such places and times within the United States during the sessions, recesses, and adjourned periods of Congress; ``(B) require the attendance of such witnesses and the production of such books, papers, and documents, administer such oaths, take such testimony, procure such printing and binding as it deems necessary; and ``(C) make such rules respecting its organization and procedures as it deems necessary. ``(3) The joint committee may selectively review existing major rules of any Federal agency and recommend-- ``(A) to the committees of jurisdiction in each House of Congress that they take appropriate legislative actions to amend or repeal laws within their jurisdictions sufficient to effectuate its recommendations; and ``(B) to such Federal agency that it amend or repeal all or any part of such major rules. ``(4) The joint committee shall periodically review the regulatory plan of each Federal agency of its most important significant regulatory actions that the agency reasonably expects to issue in proposed or final form in the fiscal year in which such plan is submitted (or thereafter) to the Office of Information and Regulatory Affairs of the Office of Management and Budget and may submit comments to such Office respecting such plan. Within 10 calendar days after receiving any such agency plan, such Office shall submit a copy of such plan to the joint committee for its comments. Upon completion of its review or waiver of its review of each such agency plan, the Office shall also submit to the joint committee a detailed summary of it recommendations. ``(5) The joint committee may selectively review existing rules of any Federal agency that were in effect before the enactment of chapter 8 of title 5, United States Code, and that the joint committee finds would satisfy the criteria of subparagraph (A), (B), or (C) of paragraph (2) of section 804 of such title and recommend-- ``(A) to the committees of jurisdiction in each House of Congress that they take appropriate legislative actions to amend or repeal laws within their jurisdictions sufficient to effectuate its recommendations; and ``(B) to such Federal agency that it amend or repeal all or any part of such major rules. ``(6) The members of the joint committee who are Members of the Senate shall from time to time report to appropriate standing committees of the Senate, and the members of the joint committee who are Members of the House of Representatives shall from time to time report to appropriate standing committees of the House their recommendations with respect to matters within the jurisdiction of their respective Houses which are referred to the joint committee or otherwise within the jurisdiction of the joint committee. ``(7) Vacancies in the membership of the joint committee shall not affect the power of the remaining members to execute the functions of the joint committee, and shall be filled in the same manner as in the case of the original selection. The joint committee shall select a chairman and a vice chairman from among its members at the beginning of each Congress. The vice chairman shall act in place of the chairman in the absence of the chairman. The chairmanship shall alternate between the Senate and the House of Representatives with each Congress, and the chairman shall be selected by the Members from that House entitled to the chairmanship. The vice chairman shall be chosen from the House other than that of the chairman by the Members from that House. ``(8) The joint committee may appoint and fix the compensation of such staff as it deems necessary. ``(9)(A) Notwithstanding any law, rule, or other authority, there shall be paid out of the applicable accounts of the House of Representatives such sums as may be necessary for one-half of the expenses of the joint committee. Such payments shall be made on vouchers signed by the chairman or vice chairman of the joint committee who is a Member of the House of Representatives, as the case may be, and approved in the manner directed by the Committee on House Administration of the House of Representatives. Amounts made available under this paragraph shall be expended in accordance with regulations prescribed by the Committee on House Administration of the House of Representatives. ``(B) (To be supplied by the Senate).''. SEC. 3. CONSIDERATION IN THE HOUSE OF REPRESENTATIVES AND THE SENATE. Section 802 of title 5, United States Code, is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: ``(f)(1) In the House, after the third legislative day after the date on which the committee to which a joint resolution is referred has reported, it is in order for any Member of the House to move to proceed to consideration of the joint resolution. All points of order against the motion to proceed and against consideration of that motion are waived. The motion is privileged in the House and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the House shall immediately proceed to consideration of the joint resolution without intervening motion (except one motion to adjourn), order, or other business. ``(2) In the House, debate shall be confined to the joint resolution and shall not exceed one hour equally divided and controlled by a proponent and an opponent of the joint resolution. The previous question shall be considered as ordered on the joint resolution to final passage without intervening motion, except one motion to recommit. A motion to reconsider the vote on passage of the joint resolution shall not be in order.''. SEC. 4. CONGRESSIONAL REVIEW. (a) Congressional Review.--Section 801(a) of title 5, United States Code, is amended-- (1) in paragraph (1)(A), by inserting ``, the joint committee,'' after ``each House of the Congress''; (2) in paragraph (1)(B), by inserting ``and the joint committee'' after ``each House of Congress''; (3) in paragraph (1) by adding at the end the following new subparagraph: ``(D) Within 30 days (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress) after the date on which the report referred to in subparagraph (A) is received, the joint committee may report a committee resolution recommending that each standing committee with jurisdiction to which copies of the applicable report were provided under subparagraph (C) report a joint resolution pursuant to section 802 disapproving the applicable rule.''; and (4) in paragraph (2)(A), by inserting ``the joint committee'' after ``committees of jurisdiction in each House of the Congress''. (b) Effect of Disapproval.--Section 801(b)(2) of title 5, United States Code, is amended by inserting before the period at the end the following: ``or the reissued or new rule carries out the recommendation, if any, set forth in the report submitted by the joint committee to the committees of jurisdiction pursuant to subsection (a)(1)(D) respecting the rule that did not take effect because it was the subject to an enacted resolution of disapproval''. (c) Definitions.--Section 804 of title 5, United States Code, is amended by adding at the end the following new paragraph: ``(4) The term `joint committee' refers to the Joint Administrative Procedures Committee.''. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by it shall take effect at noon on January 3, 2005.

Joint Administrative Procedures Committee Act of 2003 (JAPC Act) - Establishes a Joint Administrative Procedures Committee to selectively review existing major rules of Federal agencies and recommend amendment or repeal of such rules. Directs the Committee to periodically review the regulatory plan of each agency of its most important significant regulatory actions that the agency reasonably expects to issue in proposed or final form in the fiscal year in which the plan is submitted. Makes it in order for any Member of the House, after the third legislative day after the date on which the committee to which a joint resolution is referred has reported, to move to proceed to consideration of a joint resolution. Waives all points of order against the motion to proceed and against consideration of that motion. Makes the motion privileged in the House and not debatable. Provides that: (1) the motion is not subject to amendment, to a motion to postpone, or to a motion to proceed to the consideration of other business; and (2) debate in the House shall not exceed one hour. Provides that: (1) before a rule can take effect, the Federal agency promulgating the rule shall submit to each house of Congress and to the Comptroller General a report to the Committee; and (2) within a specified time frame, the Committee may report a committee resolution recommending that each standing committee with jurisdiction to which copies of the applicable report were provided report a joint resolution disapproving the applicable rule.

{"src": "billsum_train", "title": "To amend chapter 8 of title 5, United States Code, to establish the Joint Administrative Procedures Committee."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Parental Rights and Responsibilities Act of 1995''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the Supreme Court has regarded the right of parents to direct the upbringing of their children as a fundamental right implicit in the concept of ordered liberty within the 14th amendment to the Constitution of the United States, as specified in Meyer v. Nebraska, 262 U.S. 390 (1923) and Pierce v. Society of Sisters, 268 U.S. 510 (1925); (2) the role of parents in the raising and rearing of their children is of inestimable value and deserving of both praise and protection by all levels of government; (3) the tradition of western civilization recognizes that parents have the responsibility to love, nurture, train, and protect their children; (4) some decisions of Federal and State courts have treated the right of parents not as a fundamental right but as a nonfundamental right, resulting in an improper standard of judicial review being applied to government conduct that adversely affects parental rights and prerogatives; (5) parents face increasing intrusions into their legitimate decisions and prerogatives by government agencies in situations that do not involve traditional understandings of abuse or neglect but simply are a conflict of parenting philosophies; (6) governments should not interfere in the decisions and actions of parents without compelling justification; and (7) the traditional 4-step process used by courts to evaluate cases concerning the right of parents described in paragraph (1) appropriately balances the interests of parents, children, and government. (b) Purposes.--The purposes of this Act are-- (1) to protect the right of parents to direct the upbringing of their children as a fundamental right; (2) to protect children from abuse and neglect as the terms have been traditionally defined and applied in statutory law, such protection being a compelling government interest; (3) while protecting the rights of parents, to acknowledge that the rights involve responsibilities and specifically that parents have the responsibility to see that their children are educated, for the purposes of literacy and self-sufficiency, as specified by the Supreme Court in Wisconsin v. Yoder, 406 U.S. 205 (1972); (4) to preserve the common law tradition that allows parental choices to prevail in a health care decision for a child unless, by neglect or refusal, the parental decision will result in danger to the child's life or result in serious physical injury of the child; (5) to fix a standard of judicial review for parental rights, leaving to the courts the application of the rights in particular cases based on the facts of the cases and law as applied to the facts; and (6) to reestablish a 4-step process to evaluate cases concerning the right of parents described in paragraph (1) that-- (A) requires a parent to initially demonstrate that-- (i) the action in question arises from the right of the parent to direct the upbringing of a child; and (ii) a government has interfered with or usurped the right; and (B) shifts the burdens of production and persuasion to the government to demonstrate that-- (i) the interference or usurpation is essential to accomplish a compelling governmental interest; and (ii) the method of intervention or usurpation used by the government is the least restrictive means of accomplishing the compelling interest. SEC. 3. DEFINITIONS. As used in this Act: (1) Appropriate evidence.--The term ``appropriate evidence'' means-- (A) for a case in which a government seeks a temporary or preliminary action or order, except cases which terminate parental custody or visitation, evidence that demonstrates probable cause; and (B) for a case in which the government seeks a final action or order, or in which it seeks to terminate parental custody or visitation, clear and convincing evidence. (2) Child.--The term ``child'' has the meaning provided by State law. (3) Parent.--The term ``parent'' has the meaning provided by State law. (4) Right of a parent to direct the upbringing of a child.-- (A) In general.--The term ``right of a parent to direct the upbringing of a child'' includes, but is not limited to a right of a parent regarding-- (i) directing or providing for the education of the child; (ii) making a health care decision for the child, except as provided in subparagraph (B); (iii) disciplining the child, including reasonable corporal discipline, except as provided in subparagraph (C); and (iv) directing or providing for the religious teaching of the child. (B) No application to parental decisions on health care.--The term ``right of a parent to direct the upbringing of a child'' shall not include a right of a parent to make a decision on health care for the child that, by neglect or refusal, will result in danger to the life of the child or in serious physical injury to the child. (C) No application to abuse and neglect.--The term ``right of a parent to direct the upbringing of a child'' shall not include a right of a parent to act or refrain from acting in a manner that constitutes abuse or neglect of a child, as the terms have traditionally been defined. (5) State.--The term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, and each territory and possession of the United States. SEC. 4. PROHIBITION ON INTERFERING WITH OR USURPING RIGHTS OF PARENTS. No Federal, State, or local government, or any official of such a government acting under color of law, shall interfere with or usurp the right of a parent to direct the upbringing of the child of the parent. SEC. 5. STRICT SCRUTINY. No exception to section 4 shall be permitted, unless the government or official is able to demonstrate, by appropriate evidence, that the interference or usurpation is essential to accomplish a compelling governmental interest and is narrowly drawn or applied in a manner that is the least restrictive means of accomplishing the compelling interest. SEC. 6. CLAIM OR DEFENSE. Any parent may raise a violation of this Act in an action in a Federal or State court, or before an administrative tribunal, of appropriate jurisdiction as a claim or a defense. SEC. 7. DOMESTIC RELATIONS CASES AND DISPUTES BETWEEN PARENTS. This Act shall not apply to-- (1) domestic relations cases concerning the appointment of parental rights between parents in custody disputes; or (2) any other dispute between parents. SEC. 8. ATTORNEY'S FEES. Subsections (b) and (c) of section 722 of the Revised Statutes (42 U.S.C. 1988 (b) and (c)) (concerning the award of attorney's and expert fees) shall apply to cases brought or defended under this Act. A person who uses this Act to defend against a suit by a government described in section 4 shall be construed to be the plaintiff for the purposes of the application of such subsections.

Parental Rights and Responsibilities Act of 1995 - Prohibits any Federal, State, or local government or any official of such a government from interfering with or usurping the right of a parent to govern the upbringing of a child of the parent. Disallows any exception to this Act unless the government or official is able to demonstrate, by appropriate evidence, that such interference or usurpation is valid to accomplish a compelling government interest, in which case only the least amount of interference may be used.

{"src": "billsum_train", "title": "Parental Rights and Responsibilities Act of 1995"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Prescription Drug Benefits Act of 2003''. SEC. 2. PRESCRIPTION DRUG BENEFIT FOR VETERANS. (a) In General.--(1) Chapter 17 of title 38, United States Code, is amended by inserting after section 1722A the following new section: ``Sec. 1722B. Prescription drug benefit program for medicare-eligible veterans and Priority 1 veterans ``(a) Benefit.--The Secretary shall establish a prescription drug benefit program in accordance with this section. Under the program, the Secretary shall furnish to veterans who are participants in the program drugs and medicines ordered on prescription of a duly licensed physician or other authorized health care professional who is not an employee of the Department, subject to the payment of any applicable premium and copayment under this section. ``(b) Veterans Eligible for the Prescription Drug Benefit.--The following veterans are eligible to participate in the prescription drug benefit program under this section: ``(1) Priority 1 veterans. ``(2) Medicare-eligible veterans (other than Priority 1 veterans) who enroll in the program. ``(c) Enrollment.--(1) In order for a medicare-eligible veteran who is not a Priority 1 veteran to participate in the prescription drug benefit program, the veteran must enroll in the program. Such enrollment shall be carried out in such manner as may be prescribed by the Secretary by regulation. The status of a veteran as a medicare- eligible veteran shall be verified by the Secretary of Health and Human Services upon request of the Secretary. ``(2) A medicare-eligible veteran who enrolls in the prescription drug benefit program is not eligible for enrollment in the patient enrollment system under section 1705 of this title. The Secretary shall inform any veteran applying for enrollment under this section that the veteran, while enrolled in the prescription drug benefit program, will not be eligible for health care provided by the Secretary. ``(3) Any medicare-eligible veteran who enrolls in the prescription drug benefit program under this section and who at the time of such enrollment is enrolled in the patient enrollment system under section 1705 of this title shall, upon such enrollment under this section, be automatically disenrolled from that patient enrollment system. ``(4) The Secretary shall conduct an annual open enrollment period during the last two months of each fiscal year. During that period-- ``(A) a medicare-eligible veteran who is not a Priority 1 veteran may enroll in the program under this section; and ``(B) such a veteran previously enrolled under this section may disenroll. ``(5) During the first five fiscal years during which the prescription drug benefit program under this section is in effect, the Secretary may limit enrollment as determined necessary by the Secretary for administrative and fiscal reasons. All medicare-eligible veterans who apply for enrollment under this section during the first year that the program under this section is in effect shall be enrolled by the end of the fifth such year. ``(d) Annual Premium and Copayments.--(1) The Secretary shall by regulation establish an annual premium amount that must be paid to the United States by a veteran for drugs and medicines furnished under this section each year before such drugs and medicines are furnished to that veteran at the expense of the United States that year. ``(2) The Secretary shall by regulation establish an amount (known as a `copayment') that must be paid to the United States by a veteran for each 30-day supply of drugs and medicines furnished under this section. If the quantity of such drugs and medicines furnished is less than a 30-day supply, the amount of the copayment charge may not be reduced. ``(3) The Secretary may establish different copayment amounts for prescriptions depending on-- ``(A) whether they are filled under a generic drug name or by brand name; ``(B) whether or not they are available by mail; and ``(C) whether or not they are on the Department's National Prescription Drug Formulary. ``(4) The amount of the copayment charged for any particular prescription-- ``(A) may not be less than the amount in effect under section 1722A of this title for the copayment for medications furnished by the Department on prescription of Department health-care professionals; and ``(B) subject to subparagraph (A), may not exceed the cost to the Secretary of furnishing the drugs or medicine. ``(e) Disposition of Receipts.--(1) Any amount received under subsection (d) from a Priority 1 veteran shall be deposited in the Department of Veterans Affairs Medical Care Collections Fund. ``(2) Any amount received under subsection (d) from a medicare- eligible veteran enrolled in the prescription drug benefit program under subsection (c) shall be transferred by the Secretary to the Federal Supplementary Medical Insurance Trust Fund established in section 1841 of the Social Security Act (42 U.S.C. 1395t). ``(f) Intergovernmental Reimbursement of Costs.--(1) The Secretary of Health and Human Services shall transfer to the Secretary, from the fund referred to in subsection (e)(2), amounts to reimburse the costs to the Department of furnishing drugs and medicine under the prescription drug benefit program under this section to medicare- eligible veterans enrolled under subsection (c). Amounts to be included in such costs are the following: ``(A) The cost of such drugs and medicines to the Department. ``(B) A reasonable charge for processing, filling, and dispensing the prescription, including overhead costs such as labor, equipment, space, and utilities. ``(C) Costs of postage, if furnished by mail. ``(2) To the extent the Secretary hires new personnel, purchases new equipment, or obtains additional facilities to carry out the prescription drug benefit program under this section, the Secretary shall document those expenses in charges to the Secretary of Health and Human Services that incorporate those expenses. ``(3) The Secretary of Health and Human Services shall make transfers of funds under this subsection periodically, as agreed upon by the two Secretaries, but not less often than weekly. Such payments shall be made upon receipt of a certification from the Secretary of Veterans Affairs of costs incurred by the Secretary under this section for the period with respect to which the certification is made. ``(4) Any amount received under this subsection shall be deposited in the Department of Veterans Affairs Medical Care Collections Fund. ``(5) The Secretary and the Secretary of Health and Human Services shall enter into an agreement for the methodology to be used for determining costs of the Department for purposes of this subsection. ``(g) Nonliability.--A health care professional may not be considered to be an agent or employee of the United States by reason of a prescription of that health care professional being furnished by the Secretary under this section. ``(h) Information Resources.--(1) The Secretary shall develop and maintain a database of veterans enrolled under subsection (c) and of persons who have applied for such enrollment. ``(2) The Secretary shall maintain records of the costs of the program under this section, including separate costs for Priority 1 veterans and for veterans enrolled under subsection (c). ``(3) Not later than six years after the date of the enactment of this section, the Secretary shall implement a computerized patient profile system for participants in the prescription drug benefit plan under this section. The patient profile system shall have the capability, for each participant in the program, of identifying-- ``(A) known drug interactions; ``(B) contraindicated drugs; ``(C) available `best value' treatment alternatives for prescribed medications; and ``(D) patient safety issues. ``(i) Annual Report to Congress.--The Secretary shall submit to Congress an annual report on the operation of this section for each of the first five years this section is in effect. Each such report shall include the following: ``(1) The number of participants in the program during the year covered by the report and, of that number, the number who are enrolled under subsection (c), including the number who were new enrollees during such year. ``(2) The number of veterans who have applied for such enrollment and, as of the end of the year covered by the report, are waiting for such enrollment. ``(3) The number of veterans who during the year covered by the report were disenrolled from the patient enrollment system under section 1705 of this title in order to enroll under subsection (c). ``(4) The cost to the Department of the program under this section during the year covered by the report. ``(5) The amount of funds transferred to the Secretary during the year covered by the report under subsection (f). ``(6) The amount of resources added during the year covered by the report to accommodate increased workloads by reason of this section. ``(j) Regulations.--The Secretary shall prescribe regulations to carry out this section. Such regulations shall be prescribed in consultation with the Secretary of Health and Human Services. ``(k) Definitions.--For purposes of this section: ``(A) The term `medicare-eligible veteran' means a veteran who is entitled to benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.) and who is enrolled under part B of that title (42 U.S.C. 1395j et seq.). ``(B) The term `Priority 1 veteran' means a veteran covered by section 1705(a)(1) of this title.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1722A the following new item: ``1722B. Prescription drug benefit program for medicare-eligible veterans and Priority 1 veterans.''. (b) Effective Date.--Section 1722B of title 38, United States Code, as added by subsection (a), shall take effect on October 1, 2003. The initial enrollment period under subsection (c)(4) of such section shall be the period beginning on August 1, 2004, and ending on September 30, 2004.

Veterans Prescription Drug Benefits Act of 2003 - Directs the Secretary of Veterans Affairs to establish a prescription drug benefit program under which drugs and medicines are furnished to eligible veterans on prescription of a duly licensed physician or other authorized health care professional who is not an employee of the Department of Veterans Affairs, subject to the payment of any required premium and copayment. Makes eligible for the program Priority 1 veterans (those with service-connected disabilities rated 50 percent or more) and Medicare-eligible veterans. Requires the Secretary of Health and Human Services to reimburse the Secretary for the costs of drugs and medicine furnished to the Medicare-eligible veterans under the program.Requires the Secretary to: (1) develop and maintain a database of veterans who enrolled in and applied for the program; and (2) implement a computerized patient profile system for program participants.

{"src": "billsum_train", "title": "To amend title 38, United States Code, to provide improved prescription drug benefits for veterans."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``More Water and More Energy Act of 2006''. SEC. 2. PRODUCED WATER. The Water Resources Research Act of 1984 (42 U.S.C. 10301 et seq.) is amended by adding at the end thereof a new section, as follows: ``SEC. 112. PRODUCED WATER. ``(a) Study.--The Secretary, acting through the Commissioner of Reclamation and the Director of the United States Geological Survey, shall conduct a study to identify-- ``(1) the technical, economic, environmental (including potential adverse effects on water quality), legal, and other obstacles to increasing the extent to which produced water can be used for irrigation and other purposes; and ``(2) the legislative, administrative, and other actions that could reduce or eliminate such obstacles. ``(b) Report.--Not later than one year after the date of the enactment of this section, the Secretary shall report to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate regarding the results of the study required by this section. ``(c) Projects Authorized.-- ``(1) In the implementation of authority available to the Secretary prior to the date of enactment of this section and subject to the availability of funds appropriated for the purpose, the following projects are authorized: ``(A) At least one project in one of the Upper Basin States. ``(B) At least one project in one of the Lower Basin States other than California. ``(C) At least one project in California. ``(2) Funds obligated under this subsection-- ``(A) shall not exceed $1,000,000 for any project; ``(B) shall be used to pay not more than 50 percent of the total cost of a project; ``(C) shall not be used for operation or maintenance of any facility; and ``(D) may be in addition to assistance provided by the United States pursuant to other provisions of law. ``(d) Additional Consultation, Review, Advice, and Comment.--In implementing this section, including preparation of the report required by subsection (b) and the establishment of criteria to be used in connection with award of assistance pursuant to subsection (c), the Secretary shall-- ``(1) consult with the Secretary of Energy, the Administrator of the Environmental Protection Agency, and appropriate Governors and local officials; ``(2) review any relevant information developed in connection with research carried out by others, including research carried out pursuant to section 999 of Public Law 109- 58, and to the extent the Secretary considers advisable include such information in the report required by paragraph (3); ``(3) seek the advice of individuals with relevant professional or academic expertise and of companies or individuals with industrial experience, particularly experience related to production of oil, natural gas, or other energy resources, including geothermal resources; and ``(4) solicit comments and suggestions from the public. ``(e) Relationship to State Laws and Interstate Authorities and Compacts.--Nothing in this section shall be construed as superseding, modifying, abrogating, or limiting-- ``(1) the effect of any State law or any interstate authority or compact with regard to any use of water or the regulation of water quantity or quality; or ``(2) the applicability or effect of any Federal law or regulation. ``(f) Definitions.--In this section: ``(1) The term `produced water' means water from an underground source, that is brought to the surface as part of the process of exploration for or development of oil, natural gas, coalbed methane, or any other substance to be used as an energy source. ``(2) The term `Secretary' means the Secretary of the Interior. ``(3) The term `Upper Basin States' means the States of Colorado, New Mexico, Utah, and Wyoming. ``(4) The term `Lower Basin States' means the States of Arizona, California, and Nevada. ``(5) The term `project' means the provision of financial assistance for the development of a facility to demonstrate the feasibility, effectiveness, and safety of processes to increase the extent to which produced water may be recovered and made suitable for use for irrigation, municipal or industrial uses, or other purposes. ``(g) Authorization of Appropriations.--There are authorized to be appropriated-- ``(1) $1,000,000 to carry out the study required by subsection (a); and ``(2) $5,000,000 to carry out the other provisions of this section.''. Passed the House of Representatives December 5, 2006. Attest: KAREN L. HAAS, Clerk.

More Water and More Energy Act of 2006 - Amends the Water Resources Research Act of 1984 to direct the Secretary of the Interior, acting through the Commissioner of Reclamation and the Director of the U.S. Geological Survey (USGS), to identify and report to Congress on: (1) the technical, economic, environmental, legal, and other obstacles to increasing the extent to which produced water (water from an underground source that is brought to the surface as part of the process of exploration for or development of oil, natural gas, coal-bed methane, or any other substance to be used as an energy source) can be used for irrigation and other purposes; and (2) the legislative, administrative, and other actions that could reduce or eliminate such obstacles. Authorizes at least one project for the development of facilities to demonstrate the feasibility, effectiveness, and safety of processes to increase the extent to which produced water may be recovered and made suitable for such purposes in: (1) the Upper Basin states of Colorado, New Mexico, Utah, and Wyoming; (2) the Lower Basin states of Arizona and Nevada; and (3) California. Provides that project funds: (1) shall not exceed $1 million for any project; (2) shall not be used to pay more than 50% of the project's cost or for facility operation or maintenance; and (3) shall be in addition to other federal assistance. Directs the Secretary to: (1) review any relevant information developed in connection with research carried out by others; (2) seek the advice of individuals with relevant professional or academic expertise and of companies or individuals with industrial experience; and (3) solicit comments and suggestions from the public. Authorizes appropriations.

{"src": "billsum_train", "title": "To facilitate the use for irrigation and other purposes of water produced in connection with development of energy resources."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Workforce Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States has more than 12 million employers and approximately 135 million working adults. (2) The use of effective worksite policies and programs can reduce health risks and improve the quality of life for the 135 million full-time and part-time workers in the United States. (3) Workers spend more than one-third of their day on the job and, as a result, employers are in a unique position to promote the health and safety of their employees. (4) Chronic diseases such as heart disease, stroke, cancer, obesity, and diabetes are among the most prevalent and costly worker health problems for most employers. (5) The use by employers of effective worksite policies and programs can reduce health risks and improve the quality of life for their employees. (6) The good health of workers is good for business because healthier workers miss less work, are more productive, and have lower health care costs. SEC. 3. TAX CREDIT TO EMPLOYERS FOR COSTS OF IMPLEMENTING WELLNESS PROGRAMS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following: ``SEC. 45O. WELLNESS PROGRAM CREDIT. ``(a) Allowance of Credit.-- ``(1) In general.--For purposes of section 38, the wellness program credit determined under this section for any taxable year during the credit period with respect to an employer is an amount equal to 50 percent of the costs paid or incurred by the employer in connection with a qualified wellness program during the taxable year. ``(2) Limitation.--The amount of credit allowed under paragraph (1) for any taxable year shall not exceed the sum of-- ``(A) the product of $200 and the number of employees of the employer not in excess of 200 employees, plus ``(B) the product of $100 and the number of employees of the employer in excess of 200 employees. ``(b) Qualified Wellness Program.--For purposes of this section-- ``(1) Qualified wellness program.--The term `qualified wellness program' means a program which-- ``(A) consists of any 3 of the wellness program components described in subsection (c), and ``(B) which is certified by the Secretary of Health and Human Services, in coordination with the Director of the Center for Disease Control and Prevention, as a qualified wellness program under this section. ``(2) Programs must be consistent with research and best practices.-- ``(A) In general.--The Secretary of Health and Human Services shall not certify a program as a qualified wellness program unless the program-- ``(i) is consistent with evidence-based research and best practices, as identified by persons with expertise in employer health promotion and wellness programs, ``(ii) includes multiple, evidence-based strategies which are based on the existing and emerging research and careful scientific reviews, including the Guide to Community Preventive Services, the Guide to Clinical Preventive Services, and the National Registry for Effective Programs, and ``(iii) includes strategies which focus on employee populations with a disproportionate burden of health problems. ``(B) Periodic updating and review.--The Secretary of Health and Human Services shall establish procedures for periodic review of programs under this subsection. Such procedures shall require revisions of programs if necessary to ensure compliance with the requirements of this section and require updating of the programs to the extent the Secretary, in coordination with the Director of the Centers for Disease Control and Prevention, determines necessary to reflect new scientific findings. ``(3) Health literacy.--The Secretary of Health and Human Services shall, as part of the certification process, encourage employees to make the programs culturally competent and to meet the health literacy needs of the employees covered by the programs. ``(c) Wellness Program Components.--For purposes of this section, the wellness program components described in this subsection are the following: ``(1) Health awareness component.--A health awareness component which provides for the following: ``(A) Health education.--The dissemination of health information which addresses the specific needs and health risks of employees. ``(B) Health screenings.--The opportunity for periodic screenings for health problems and referrals for appropriate follow up measures. ``(2) Employee engagement component.--An employee engagement component which provides for-- ``(A) the establishment of a committee to actively engage employees in worksite wellness programs through worksite assessments and program planning, delivery, evaluation, and improvement efforts, and ``(B) the tracking of employee participation. ``(3) Behavioral change component.--A behavioral change component which provides for altering employee lifestyles to encourage healthy living through counseling, seminars, on-line programs, or self-help materials which provide technical assistance and problem solving skills. Such component may include programs relating to-- ``(A) tobacco use, ``(B) obesity, ``(C) stress management, ``(D) physical fitness, ``(E) nutrition, ``(F) substance abuse, ``(G) depression, and ``(H) mental health promotion (including anxiety). ``(4) Supportive environment component.--A supportive environment component which includes the following: ``(A) On-site policies.--Policies and services at the worksite which promote a healthy lifestyle, including policies relating to-- ``(i) tobacco use at the worksite, ``(ii) the nutrition of food available at the worksite through cafeterias and vending options, ``(iii) minimizing stress and promoting positive mental health in the workplace, ``(iv) where applicable, accessible and attractive stairs, and ``(v) the encouragement of physical activity before, during, and after work hours. ``(B) Participation incentives.-- ``(i) In general.--Qualified incentive benefits for each employee who participates in the health screenings described in paragraph (1)(B) or the behavioral change programs described in paragraph (3). ``(ii) Qualified incentive benefit.--For purposes of clause (i), the term `qualified incentive benefit' means any benefit which is approved by the Secretary of Health and Human Services, in coordination with the Director of the Centers for Disease Control and Prevention. Such benefit may include an adjustment in health insurance premiums or co-pays. ``(C) Employee input.--The opportunity for employees to participate in the management of any qualified wellness program to which this section applies. ``(d) Participation Requirement.-- ``(1) In general.--No credit shall be allowed under subsection (a) unless the Secretary of Health and Human Services, in coordination with the Director of the Centers for Disease Control and Prevention, certifies, as a part of any certification described in subsection (b), that each wellness program component of the qualified wellness program applies to all qualified employees of the employer. The Secretary of Health and Human Services shall prescribe rules under which an employer shall not be treated as failing to meet the requirements of this subsection merely because the employer provides specialized programs for employees with specific health needs or unusual employment requirements or provides a pilot program to test new wellness strategies. ``(2) Qualified employee.--For purposes of paragraph (1), the term `qualified employee' means an employee who works an average of not less than 25 hours per week during the taxable year. ``(e) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Employee and employer.-- ``(A) Partners and partnerships.--The term `employee' includes a partner and the term `employer' includes a partnership. ``(B) Certain rules to apply.--Rules similar to the rules of section 52 shall apply. ``(2) Certain costs not included.--Costs paid or incurred by an employer for food or health insurance shall not be taken into account under subsection (a). ``(3) No credit where grant awarded.--No credit shall be allowable under subsection (a) with respect to any qualified wellness program of any taxpayer (other than an eligible employer described in subsection (f)(2)(A)) who receives a grant provided by the United States, a State, or a political subdivision of a State for use in connection with such program. The Secretary shall prescribe rules providing for the waiver of this paragraph with respect to any grant which does not constitute a significant portion of the funding for the qualified wellness program. ``(4) Credit period.-- ``(A) In general.--The term `credit period' means the period of 10 consecutive taxable years beginning with the taxable year in which the qualified wellness program is first certified under this section. ``(B) Special rule for existing programs.--In the case of an employer (or predecessor) which operates a wellness program for its employees on the date of the enactment of this section, subparagraph (A) shall be applied by substituting `3 consecutive taxable years' for `10 consecutive taxable years'. The Secretary shall prescribe rules under which this subsection shall not apply if an employer is required to make substantial modifications in the existing wellness program in order to qualify such program for certification as a qualified wellness program. ``(C) Controlled groups.--For purposes of this paragraph, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer. ``(f) Portion of Credit Made Refundable.-- ``(1) In general.--In the case of an eligible employer of an employee, the aggregate credits allowed to a taxpayer under subpart C shall be increased by the lesser of-- ``(A) the credit which would be allowed under this section without regard to this subsection and the limitation under section 38(c), or ``(B) the amount by which the aggregate amount of credits allowed by this subpart (determined without regard to this subsection) would increase if the limitation imposed by section 38(c) for any taxable year were increased by the amount of employer payroll taxes imposed on the taxpayer during the calendar year in which the taxable year begins. The amount of the credit allowed under this subsection shall not be treated as a credit allowed under this subpart and shall reduce the amount of the credit otherwise allowable under subsection (a) without regard to section 38(c). ``(2) Eligible employer.--For purposes of this subsection, the term `eligible employer' means an employer which is-- ``(A) a State or political subdivision thereof, the District of Columbia, a possession of the United States, or an agency or instrumentality of any of the foregoing, or ``(B) any organization described in section 501(c) of the Internal Revenue Code of 1986 which is exempt from taxation under section 501(a) of such Code. ``(3) Employer payroll taxes.--For purposes of this subsection-- ``(A) In general.--The term `employer payroll taxes' means the taxes imposed by-- ``(i) section 3111(b), and ``(ii) sections 3211(a) and 3221(a) (determined at a rate equal to the rate under section 3111(b)). ``(B) Special rule.--A rule similar to the rule of section 24(d)(2)(C) shall apply for purposes of subparagraph (A). ``(g) Termination.--This section shall not apply to any amount paid or incurred after December 31, 2017.''. (b) Treatment as General Business Credit.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 (relating to general business credit) is amended by striking ``plus'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, plus'', and by adding at the end the following: ``(32) the wellness program credit determined under section 45O.''. (c) Denial of Double Benefit.--Section 280C of the Internal Revenue Code of 1986 (relating to certain expenses for which credits are allowable) is amended by adding at the end the following new subsection: ``(f) Wellness Program Credit.-- ``(1) In general.--No deduction shall be allowed for that portion of the costs paid or incurred for a qualified wellness program (within the meaning of section 45O) allowable as a deduction for the taxable year which is equal to the amount of the credit allowable for the taxable year under section 45O. ``(2) Similar rule where taxpayer capitalizes rather than deducts expenses.--If-- ``(A) the amount of the credit determined for the taxable year under section 45O, exceeds ``(B) the amount allowable as a deduction for such taxable year for a qualified wellness program, the amount chargeable to capital account for the taxable year for such expenses shall be reduced by the amount of such excess. ``(3) Controlled groups.--In the case of a corporation which is a member of a controlled group of corporations (within the meaning of section 41(f)(5)) or a trade or business which is treated as being under common control with other trades or business (within the meaning of section 41(f)(1)(B)), this subsection shall be applied under rules prescribed by the Secretary similar to the rules applicable under subparagraphs (A) and (B) of section 41(f)(1).''. (d) Clerical Amendment.--The table of sections for subpart D 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: ``Sec. 45O. Wellness program credit.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. (f) Outreach.-- (1) In general.--The Secretary of the Treasury, in conjunction with the Director of the Centers for Disease Control and members of the business community, shall institute an outreach program to inform businesses about the availability of the wellness program credit under section 45O of the Internal Revenue Code of 1986 as well as to educate businesses on how to develop programs according to recognized and promising practices and on how to measure the success of implemented programs. (2) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out the outreach program described in paragraph (1).

Healthy Workforce Act of 2007 - Amends the Internal Revenue Code to allow employers a 50% tax credit for the costs of providing employees with a qualified wellness program. Defines "qualified wellness program" as a program that is certified by the Secretary of Health and Human Services and that consists of a health awareness and education component, a behavioral change component, and a supportive environment component. Terminates such credit after 2017. Requires the Secretary of the Treasury to institute an outreach program to inform businesses about the availability of such wellness program tax credit.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a tax credit to employers for the costs of implementing wellness programs, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sales Tax Holiday Act of 2001''. SEC. 2. STATE SALES TAX RELIEF FOR CONSUMERS. (a) In General.--The Secretary of the Treasury shall reimburse each eligible State for the amount of State sales tax not collected with respect to taxable tangible personal property payable for the period beginning November 23, 2001, and ending December 2, 2001. (b) Requirement for Reimbursement.--The Secretary may not pay a reimbursement under subsection (a) unless-- (1) the chief executive officer of the State informs the Secretary of the Treasury and the Director of Management and Budget, not later than November 15, 2001, of the intention of the State to qualify for such reimbursement, (2) the chief executive officer of such State agrees to verify, not later than June 1, 2002, the amount of State sales tax not collected with respect such property during such period, and (3) the Director of Management and Budget certifies such amount and recommends the amount of the reimbursement required by subsection (a). (c) Eligibility.--To be eligible to receive a reimbursement under subsection (a), a State shall-- (1) not collect sales tax with respect to taxable tangible personal property payable for the period beginning November 23, 2001, and ending December 2, 2001, and (2) shall comply with the requirements of this Act. (d) Prepayment With Adjustments.-- (1) Advance payment.--Subject to adjustment under paragraph (2), not later than February 1, 2002, the Secretary of the Treasury shall pay to each eligible State an amount equal to 80 percent of the annual average amount of sales tax collected by such State with respect to taxable tangible personal property payable during the taxable period in 1998, 1999, and 2000. (2) Adjustment.--The amount paid under paragraph (1) shall be adjusted for overpayment or underpayment to conform to the amount required to be paid under subsection (a). SEC. 3. NEW YORK CITY SALES TAX RELIEF FOR CONSUMERS. (a) In General.--The Secretary of the Treasury shall reimburse the city of New York in the State of New York for the amount of municipal sales tax not collected with respect to taxable tangible personal property payable for the period beginning November 23, 2001, and ending December 2, 2001. (b) Requirement for Reimbursement.--The Secretary may not pay a reimbursement under subsection (a) unless-- (1) the Mayor of the city of New York informs the Secretary of the Treasury and the Director of Management and Budget, not later than November 15, 2001, of the intention of the city of New York to qualify for such reimbursement, (2) the Mayor of the city of New York agrees to verify, not later than June 1, 2002, the amount of municipal sales tax not collected with respect such property during such period, and-- (3) the Director of Management and Budget certifies such amount and recommends the amount of the reimbursement required by subsection (a). (c) Eligibility.--To be eligible to receive a reimbursement under subsection (a), the City of New York shall-- (1) not collect municipal sales tax with respect to taxable tangible personal property payable for the period beginning November 23, 2001, and ending December 2, 2001, and (2) shall comply with the requirements of this Act. (d) Prepayment With Adjustments.-- (1) Advance payment.--Subject to adjustment under paragraph (2), not later than February 1, 2002, the Secretary of the Treasury shall pay to the Mayor of the city of New York an amount equal to 80 percent of the annual average amount of sales tax collected by such city with respect to taxable tangible personal property payable during the taxable period in 1998, 1999, and 2000. (2) Adjustment.--The amount paid under paragraph (1) shall be adjusted for overpayment or underpayment to conform to the amount required to be paid under subsection (a). SEC. 4. DEFINITIONS. For purposes of this Act-- (1) the term ``sales tax'' means-- (A) a tax imposed on or measured by general retail sales of taxable tangible property, that is-- (i) calculated as a percentage of the price, gross receipts, or gross proceeds; and (ii) can or is required to be collected directly by sellers from purchasers of such property, (B) a use tax, or (C) the Illinois Retailers' Occupation Tax, as defined under the law of the State of Illinois, but excludes any tax payable with respect to food, tobacco products, and beverages containing alcohol, (2) the term ``State'' means any of the several States, the District of Columbia, or the Commonwealth of Puerto Rico, (3) the term ``taxable period'' means the period beginning November 23 and ending December 2, and (4) the term ``use tax'' means a tax imposed on the storage, use, or other consumption of tangible property that is not subject to sales tax.

Sales Tax Holiday Act of 2001 - Directs the Secretary of the Treasury to reimburse States and New York City for lost sales tax on tangible personal property during a moratorium between November 23, 2001, and December 2, 2001.

{"src": "billsum_train", "title": "To provide Federal reimbursement to the States for a limited tax holiday during the period beginning November 23, 2001, and ending December 2, 2001."}

SECTION 1. FINDINGS; PURPOSE. (a) Findings.--Congress makes the following findings: (1) As the telecommunications industry has moved toward competition in the provision of long distance telephone services, consumers have increasingly elected to change the carriers that provide their long distance telephone services. As many as 50,000,000 consumers now change long distance telephone service providers each year. (2) The fluid nature of the market for long distance telephone services has also allowed an increasing number of unauthorized changes of telephone service providers to occur. Such changes have been called ``slamming'', a term which denotes any practice in which a consumer's long distance telephone service provider is changed without the consumer's knowledge or consent. (3) Slamming accounts for the largest number of consumer complaints received by the Common Carrier Bureau of the Federal Communications Commission. As many as 1,000,000 consumers are subject to the unauthorized change of telephone service providers each year. (4) The increased costs which consumers face as a result of the unauthorized change of telephone service providers threaten to deprive consumers of the financial benefits created by a competitive marketplace in telephone services. (5) The burdens placed upon consumers by unauthorized changes of telephone service providers will expand exponentially as competition enters into the markets for intraLATA and local telephone services. (6) The Telecommunications Act of 1996 sought to combat unauthorized changes of telephone service providers by requiring that a provider who changes a subscriber without authorization pay the previously selected carrier an amount equal to all charges paid by the subscriber after the change. The Federal Communications Commission has proposed regulations to implement this requirement. Implementing these regulations will eliminate many of the financial incentives to execute unauthorized changes of telephone service providers. However, under current and proposed regulations consumers have, and will continue to face, difficulty in securing proof of unauthorized changes. Thus, enforcement of the regulations will be impeded by a lack of tangible proof of consumer consent to the change of telephone service providers. (7) The interests of consumers require that telephone service providers maintain evidence of their verification of consumer consent to changes in telephone service providers. This evidence should take the form of a consumer's written consent or a recording of a consumer's oral consent obtained by the telephone service provider or a third party. (8) Both Congress and the Federal Communications Commission should continue to examine electronic means by which consumers could most readily change telephone service providers while ensuring that such changes would result only from consumer action evidencing express consent to such changes. (9) By providing consumers with a private right of action in State court, if State law permits, against those who have executed unauthorized changes of telephone service providers, Congress insures in a constitutional manner that neither Federal nor State courts will be overburdened with litigation, while also providing the proper forum for such actions given that competition will soon come to all segments of the telephone service market. (10) The majority of consumers who have been subject to the unauthorized change of telephone service do not seek redress through the Federal Communications Commission. In light of the general responsibilities of the States for consumer protection, as well as the prosecutions against unauthorized changes already undertaken by the States, it is essential that the States be allowed to pursue actions on behalf of their citizens, while also preserving the proper role of the Federal Communications Commission in regulating the telecommunications industry. (b) Purposes.--The purposes of this Act are-- (1) to protect consumers from unauthorized changes of telephone service providers; (2) to allow the efficient prosecution of legal actions against telephone service providers who defraud consumers by transferring telephone service providers without consumer consent; and (3) to facilitate the ready selection of telephone service providers by consumers. SEC. 2. ENHANCEMENT OF PROTECTIONS AGAINST UNAUTHORIZED CHANGES IN SUBSCRIBER SELECTIONS OF TELEPHONE SERVICE PROVIDERS. (a) Verification of Authorization.-- (1) In general.--Subsection (a) of section 258 of the Communications Act of 1934 (47 U.S.C. 258) is amended-- (A) by striking ``(a) Prohibition.--No telecommunications'' and inserting the following: ``(a) Prohibition.-- ``(1) In general.--No telecommunications''; (B) in paragraph (1), as so designated, by inserting after the first sentence the following: ``Such procedures shall require the verification of a subscriber's selection of a provider in written or oral form (including a signature or voice recording) and shall require the retention of such verification in such manner and form and for such time as the Commission considers appropriate.''; and (C) by adding at the end the following: ``(2) Verification.-- ``(A) In general.--For purposes of paragraph (1), the verification of a subscriber's selection of a telephone exchange service or telephone toll service provider shall take the form of a written or oral communication (in the same language as the solicitation of the selection) in which the subscriber-- ``(i) acknowledges the type of service to be changed as a result of the selection; ``(ii) affirms the subscriber's intent to select the provider as the provider of that service; ``(iii) affirms that the subscriber is authorized to select the provider of that service for the telephone number in question; ``(iv) acknowledges that the selection of the provider will result in a change in providers of that service; ``(v) acknowledges that only one provider may provide that service for that telephone number; and ``(vi) provides such other information as the Commission considers appropriate for the protection of the subscriber. ``(B) Requirements for oral verifications.--An oral verification of a change in telephone service providers under this paragraph-- ``(i) may not be made in the same communication in which the change is solicited; ``(ii) may be made only to a qualified and independent agent (as determined in accordance with regulations prescribed by the Commission) of the provider concerned; and ``(iii) shall include a prompt and clear disclosure by the agent that the purpose of the telephone call is to verify that the subscriber has consented to the change. ``(C) Confirmation of change.--A provider submitting or executing a change in telephone service providers shall notify the subscriber concerned by mail of the change not later than 5 business days after the date on which the change is executed. The confirmation shall be provided in the language in which the change was solicited. ``(D) Availability of verifications.--A provider shall make available to a subscriber a copy of a verification under this paragraph upon the request of the subscriber or an authorized representative of the subscriber.''. (2) Regulations.--The Federal Communications Commission shall complete the adoption of the regulations required under section 258(a) of the Communications Act of 1934 by reason of the amendments made by paragraph (1) not later than 270 days after the date of enactment of this Act. (b) Additional Remedies.--Such section is further amended by adding at the end the following: ``(c) Private Right of Action.-- ``(1) Private right.--A person or entity may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that State-- ``(A) an action based on a violation of subsection (a) or the regulations prescribed under such subsection to enjoin such violation; ``(B) an action to recover for actual monetary loss from such a violation or to receive $1,000 in damages for each such violation, whichever is greater; or ``(C) both such actions. ``(2) Treble damages.--If the court finds that the defendant willfully or knowingly violated subsection (a) or the regulations prescribed under such subsection, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under paragraph (1)(B). ``(3) Costs of litigation.--The court, in issuing any final order in an action brought pursuant to this subsection may award costs of litigation (including reasonable attorney and expert witness fees) to the prevailing plaintiff whenever the court determines that such award is appropriate. ``(d) Actions by States.-- ``(1) Authority of states.-- ``(A) In general.--Whenever the attorney general of a State, or an official or agency designated by a State, has reason to believe that any person has engaged or is engaging in an activity or practice of activities with respect to residents of that State in violation of subsection (a) or the regulations prescribed under such subsection, the State may bring a civil action on behalf of its residents to enjoin such activities, an action to recover for the greater of actual monetary loss or $1,000 in damages for each violation, or both such actions. ``(B) Treble damages.--If the court finds the defendant willfully or knowingly violated such subsection or regulations, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under the subparagraph (A). ``(2) Exclusive jurisdiction of federal courts.-- ``(A) In general.--The district courts of the United States, the United States courts of any territory, and the District Court of the United States for the District of Columbia shall have exclusive jurisdiction over all civil actions brought under this subsection. ``(B) Additional relief.--Upon proper application, such courts shall also have jurisdiction to issue writs of mandamus, or orders affording like relief, commanding the defendant to comply with the provisions of subsection (a) or regulations prescribed under such subsection, including the requirement that the defendant take such action as is necessary to remove the danger of such violation. Upon a proper showing, a permanent or temporary injunction or restraining order shall be granted without bond. ``(3) Rights of commission.-- ``(A) Notice.--The State shall serve prior written notice of any such civil action upon the Commission and provide the Commission with a copy of its complaint, except in any case where such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. ``(B) Rights.--The Commission shall have the right-- ``(i) to intervene in any action covered by subparagraph (A); ``(ii) upon so intervening, to be heard on all matters arising therein; and ``(iii) to file petitions for appeal. ``(4) Venue; service of process.--Any civil action brought under this subsection in a district court of the United States may be brought in the district wherein the defendant or victim is found, wherein the defendant is an inhabitant or transacts business, or wherein the violation occurred or is occurring, and process in such cases may be served in any district in which the defendant is an inhabitant or where the defendant may be found. ``(5) Investigatory powers.--For purposes of bringing a civil action under this subsection, nothing in this subsection shall prevent the attorney general of a State, or an official or agency designated by a State, from exercising the powers conferred on the attorney general or such official 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. ``(6) Effect on state court proceedings.--Nothing in this subsection shall be construed to prohibit any official authorized by State law from proceeding in State court on the basis of an alleged violation of any civil or criminal statute of such State. ``(7) Limitation.--Whenever the Commission has instituted a civil action for violation of subsection (a) or the regulations prescribed under such subsection, no State may, during the pendency of such action instituted by the Commission, subsequently institute a civil action against any defendant named in the Commission's complaint for any violation as alleged in the Commission's complaint. ``(8) Definition.--In this subsection, the term `attorney general' means the chief legal officer of a State.''. SEC. 3. REPORT ON ELECTRONIC MEANS FOR VERIFYING SUBSCRIBER AUTHORIZATIONS OF SELECTIONS OF TELEPHONE SERVICE PROVIDERS. Not later than 180 days after the date of enactment of this Act, the Federal Communications Commission shall submit to Congress a report on the technological feasibility and practicability of permitting subscribers to authorize changes in telephone service providers by electronic means (including authorization by electronic mail or by use of personal identification numbers or other security mechanisms) without thereby increasing the likelihood of unauthorized changes in such providers.

Amends the Communications Act of 1934 to require a telecommunications carrier to verify a subscriber's selection of a telephone exchange or toll (long distance) service in written or oral form (including a voice recording), and to retain such verification in a manner and form considered appropriate by the Federal Communications Commission (FCC). Outlines verification requirements, including notification to the subscriber within five business days of an exchange or toll change. Allows a person or entity, if otherwise permitted under State law, to bring a private right of action in a State court based on a violation of subscriber selection and verification requirements, with authorized damages. Allows a State to bring a civil action in the appropriate U.S. district court on behalf of its residents. Requires the State to notify the FCC prior to any such action, and allows the FCC to intervene and file appropriate petitions for appeal. Directs the FCC to report to Congress on the technological feasibility and practicability of permitting subscribers to authorize changes in telephone service providers by electronic means without thereby increasing the likelihood of unauthorized provider changes.

{"src": "billsum_train", "title": "A bill to amend section 258 of the Communications Act of 1934 to enhance the protections against unauthorized changes in subscriber selections of telephones service providers, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Our Citizens from Reckless Extortion of our Debt and Irresponsible Tactics Act of 2018'' or the ``Protect Our CREDIT Act''. SEC. 2. ADDITIONAL PRESIDENTIAL MODIFICATION OF THE DEBT CEILING. (a) In General.--Subchapter I of chapter 31 of subtitle III of title 31, United States Code, is amended-- (1) in section 3101(b), by inserting ``or 3101B'' after ``section 3101A''; and (2) by inserting after section 3101A the following: ``Sec. 3101B. Additional Presidential modification of the debt ceiling ``(a) Definition.--In this section, the term `joint resolution' means only a joint resolution-- ``(1) that is introduced during the period-- ``(A) beginning on the date a certification described in paragraph (1) or (2) of subsection (b) is received by Congress; and ``(B) ending on the date that is 3 legislative days (excluding any day on which it is not in order to introduce resolutions) after the date described in subparagraph (A); ``(2) which does not have a preamble; ``(3) the title of which is only as follows: `Joint resolution relating to the disapproval of the President's exercise of authority to increase the debt limit, as submitted under section 3101B of title 31, United States Code, on ______' (with the blank containing the date of such submission); and ``(4) the matter after the resolving clause of which is only as follows: `That Congress disapproves of the President's exercise of authority to increase the debt limit, as exercised pursuant to the certification submitted under section 3101B(b) of title 31, United States Code, on ______.' (with the blank containing the date of such submission). ``(b) Submissions to Congress.-- ``(1) Annual submission.--Before the beginning of each fiscal year, the President shall submit to Congress a written certification specifying the amount of obligations that are subject to limit under section 3101(b), in addition to the amount of such obligations authorized to be outstanding on the date of the certification, that the President determines it shall be necessary to issue during the next fiscal year to meet existing commitments. ``(2) Submission during fiscal year.--If the President determines during a fiscal year that the debt subject to limit under section 3101(b) is within $250,000,000,000 of such limit and that further borrowing is necessary to meet existing commitments, the President shall submit to Congress a written certification-- ``(A) specifying the amount of obligations that are subject to limit under section 3101(b), in addition to the amount of such obligations authorized to be outstanding on the date of the certification, that the President determines it shall be necessary to issue during the fiscal year to meet existing commitments; and ``(B) containing the reason for any discrepancy from the certification submitted under paragraph (1) for the fiscal year. ``(3) Effect of failure to enact disapproval.--If a joint resolution is not enacted with respect to a certification under paragraph (1) or (2) during the 15-legislative-day period beginning on the date on which Congress receives the certification, the limit under section 3101(b) is increased by the amount specified in the certification. ``(4) Effect of enactment of disapproval.--If a joint resolution is enacted with respect to a certification under paragraph (1) or (2) during the 15-legislative-day period beginning on the date on which Congress receives the certification, the limit under section 3101(b)-- ``(A) shall not be increased by the amount specified in the certification; and ``(B) shall be increased in accordance with subsection (c)(2). ``(c) Suspension for Mid-Year Certification.-- ``(1) In general.--Section 3101(b) shall not apply for the period-- ``(A) beginning on the date on which the President submits to Congress a certification under subsection (b)(2); and ``(B) ending on the earlier of-- ``(i) the date that is 15 legislative days after Congress receives the certification; or ``(ii) the date of enactment of a joint resolution with respect to the certification. ``(2) Special rule relating to obligations issued during suspension period.-- ``(A) In general.--If a joint resolution is enacted with respect to a certification under subsection (b)(2), effective on the day after such date of enactment, the limitation in section 3101(b) is increased to the extent that-- ``(i) the face amount of obligations issued under this chapter and the face amount of obligations whose principal and interest are guaranteed by the United States Government (except guaranteed obligations held by the Secretary of the Treasury) outstanding on the calendar day after such date of enactment, exceeds ``(ii) the face amount of such obligations outstanding on the date on which the President submits the certification. ``(B) Limitation.--An obligation shall not be taken into account under subparagraph (A) unless the issuance of such obligation was necessary to fund a commitment incurred by the Federal Government that required payment during the 15-legislative-day period described in paragraph (1)(B)(i). ``(d) Expedited Consideration in House of Representatives.-- ``(1) Reporting and discharge.--Any committee of the House of Representatives to which a joint resolution is referred shall report it to the House of Representatives without amendment not later than 5 calendar days after the date of introduction of the joint resolution. If a committee fails to report the joint resolution within that period, the committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be referred to the appropriate calendar. ``(2) Proceeding to consideration.--After each committee authorized to consider a joint resolution reports it to the House of Representatives or has been discharged from its consideration, it shall be in order, not later than the sixth day after introduction of the joint resolution, to move to proceed to consider the joint resolution in the House of Representatives. All points of order against the motion are waived. Such a motion shall not be in order after the House of Representatives has disposed of a motion to proceed on a joint resolution addressing a particular submission. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order. ``(3) Consideration.--The joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to its passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent. An amendment to the joint resolution or a motion to reconsider the vote on passage of the joint resolution shall not be in order. ``(e) Expedited Procedure in Senate.-- ``(1) Placement on calendar.--Upon introduction in the Senate, a joint resolution shall be immediately placed on the calendar. ``(2) Floor consideration.-- ``(A) In general.--Notwithstanding rule XXII of the Standing Rules of the Senate, it is in order at any time during the period beginning on the day after the date on which Congress receives a certification under paragraph (1) or (2) of subsection (b) and ending on the sixth day after the date of introduction of a joint resolution (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the joint resolution shall remain the unfinished business until disposed of. ``(B) Consideration.--Consideration of the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. ``(C) Vote on passage.--If the Senate has voted to proceed to a joint resolution, the vote on passage of the joint resolution shall occur immediately following the conclusion of consideration of the joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate. ``(D) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a joint resolution shall be decided without debate. ``(f) Coordination With Action by Other House.-- ``(1) In general.--If, before passing the joint resolution, one House receives from the other a joint resolution-- ``(A) the joint resolution of the other House shall not be referred to a committee; and ``(B) the procedure in the receiving House shall be the same as if no joint resolution had been received from the other House, except that the vote on final passage shall be on the joint resolution of the other House. ``(2) Treatment of joint resolution of other house.--If the Senate fails to introduce or consider a joint resolution under this section, the joint resolution of the House shall be entitled to expedited floor procedures under this section. ``(3) Treatment of companion measures.--If, following passage of the joint resolution in the Senate, the Senate receives the companion measure from the House of Representatives, the companion measure shall not be debatable. ``(4) Consideration after passage.-- ``(A) In general.--If Congress passes a joint resolution, the period beginning on the date the President is presented with the joint resolution and ending on the date the President signs, allows to become law without his signature, or vetoes and returns the joint resolution (but excluding days when either House is not in session) shall be disregarded in computing the legislative day period described in paragraphs (3) and (4) of subsection (b) and subsection (c)(1). ``(B) Debate.--Debate on a veto message in the Senate under this section shall be 1 hour equally divided between the majority and minority leaders or their designees. ``(5) Veto override.--If within the legislative day period described in paragraphs (3) and (4) of subsection (b) and subsection (c)(1), Congress overrides a veto of a joint resolution, except as provided in subsection (c)(2), the limit on debt provided in section 3101(b) shall not be raised under this section. ``(g) Rules of House of Representatives and Senate.--Subsections (a), (d), (e), and (f) (except for paragraphs (4)(A) and (5) of such subsection) are 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 joint resolution, 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.''. (b) Conforming Amendment.--The table of sections for chapter 31 of title 31, United States Code, is amended by inserting after the item relating to section 3101A the following: ``3101B. Additional Presidential modification of the debt ceiling.''.

Protect Our Citizens from Reckless Extortion of our Debt and Irresponsible Tactics Act of 2018 or the Protect Our CREDIT Act This bill allows the President to increase the statutory debt limit unless a joint resolution of disapproval is passed by Congress and becomes law. Prior to the beginning of each fiscal year, the President must submit to Congress a certification that specifies the existing debt, the debt limit, and the debt that will be necessary to issue during the next year to meet existing commitments. The debt limit is increased by the proposed amount, unless a joint resolution of disapproval is passed by Congress within 15 days and becomes law. Congress must consider the joint resolution using specified expedited legislative procedures. The President must submit an additional certification to Congress during the year if the debt is within $250 billion of the limit, and further borrowing is necessary to meet existing commitments. The certification must propose a new debt limit for the remainder of the year and explain any discrepancy with the earlier certification. The new debt limit also goes into effect, unless a joint resolution of disapproval is passed by Congress within 15 days and becomes law. The bill suspends the debt limit during the period in which Congress is considering a joint resolution of disapproval after the President has submitted a mid-year certification.

{"src": "billsum_train", "title": "Protect Our Citizens from Reckless Extortion of our Debt and Irresponsible Tactics Act of 2018"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Truth in Caller ID Act of 2006''. SEC. 2. PROHIBITION REGARDING MANIPULATION OF CALLER IDENTIFICATION INFORMATION. Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is amended-- (1) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; and (2) by inserting after subsection (d) the following new subsection: ``(e) Prohibition on Provision of Inaccurate Caller Identification Information.-- ``(1) In general.--It shall be unlawful for any person within the United States, in connection with any telecommunications service or IP-enabled voice service, to cause any caller identification service to transmit misleading or inaccurate caller identification information, unless such transmission is exempted pursuant to paragraph (3)(B). ``(2) Protection for blocking caller identification information.--Nothing in this subsection may be construed to prevent or restrict any person from blocking the capability of any caller identification service to transmit caller identification information. ``(3) Regulations.-- ``(A) In general.--Not later than 6 months after the enactment of this subsection, the Commission shall prescribe regulations to implement this subsection. ``(B) Content of regulations.-- ``(i) In general.--The regulations required under subparagraph (A) shall include such exemptions from the prohibition under paragraph (1) as the Commission determines appropriate. ``(ii) Specific exemption for law enforcement agencies or court orders.--The regulations required under subparagraph (A) shall exempt from the prohibition under paragraph (1) transmissions in connection with-- ``(I) any authorized activity of a law enforcement agency; or ``(II) a court order that specifically authorizes the use of caller identification manipulation. ``(4) Report.--Not later than 6 months after the enactment of this subsection, the Commission shall report to Congress whether additional legislation is necessary to prohibit the provision of inaccurate caller identification information in technologies that are successor or replacement technologies to telecommunications service or IP-enabled voice service. ``(5) Penalties.-- ``(A) Civil forfeiture.-- ``(i) In general.--Any person that is determined by the Commission, in accordance with paragraphs (3) and (4) of section 503(b), to have violated this subsection shall be liable to the United States for a forfeiture penalty. A forfeiture penalty under this paragraph shall be in addition to any other penalty provided for by this Act. The amount of the forfeiture penalty determined under this paragraph shall not exceed $10,000 for each violation, or 3 times that amount for each day of a continuing violation, except that the amount assessed for any continuing violation shall not exceed a total of $1,000,000 for any single act or failure to act. ``(ii) Recovery.--Any forfeiture penalty determined under clause (i) shall be recoverable pursuant to section 504(a). ``(iii) Procedure.--No forfeiture liability shall be determined under clause (i) against any person unless such person receives the notice required by section 503(b)(3) or section 503(b)(4). ``(iv) 2-year statute of limitations.--No forfeiture penalty shall be determined or imposed against any person under clause (i) if the violation charged occurred more than 2 years prior to the date of issuance of the required notice or notice or apparent liability. ``(B) Criminal fine.--Any person who willfully and knowingly violates this subsection shall upon conviction thereof be fined not more than $10,000 for each violation, or 3 times that amount for each day of a continuing violation, in lieu of the fine provided by section 501 for such a violation. This subparagraph does not supersede the provisions of section 501 relating to imprisonment or the imposition of a penalty of both fine and imprisonment. ``(6) Enforcement by states.-- ``(A) In general.--The chief legal officer of a State, or any other State officer authorized by law to bring actions on behalf of the residents of a State, may bring a civil action, as parens patriae, on behalf of the residents of that State in an appropriate district court of the United States to enforce this subsection or to impose the civil penalties for violation of this subsection, whenever the chief legal officer or other State officer has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a violation of this subsection or a regulation under this subsection. ``(B) Notice.--The chief legal officer or other State officer shall serve written notice on the Commission of any civil action under subparagraph (A) prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide such notice immediately upon instituting such civil action. ``(C) Authority to intervene.--Upon receiving the notice required by subparagraph (B), the Commission may intervene in such civil action and upon intervening-- ``(i) be heard on all matters arising in such civil action; and ``(ii) file petitions for appeal of a decision in such civil action. ``(D) Construction.--For purposes of bringing any civil action under subparagraph (A), nothing in this paragraph shall prevent the chief legal officer or other State officer from exercising the powers conferred on that officer 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. ``(E) Venue; service or process.-- ``(i) Venue.--An action brought under subparagraph (A) shall be brought in a district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. ``(ii) Service of process.--In an action brought under subparagraph (A)-- ``(I) process may be served without regard to the territorial limits of the district or of the State in which the action is instituted; and ``(II) a person who participated in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person. ``(F) Limitation on state action while federal action is pending.--If the Commission has instituted an enforcement action or proceeding for violation of this subsection, the chief legal officer or other State officer of the State in which the violation occurred may not bring an action under this section during the pendency of the proceeding against any person with respect to whom the Commission has instituted the proceeding. ``(7) Definitions.--For purposes of this subsection: ``(A) Caller identification information.--The term `caller identification information' means information provided by a caller identification service regarding the telephone number of, or other information regarding the origination of, a call made using a telecommunications service or IP-enabled voice service. ``(B) Caller identification service.--The term `caller identification service' means any service or device designed to provide the user of the service or device with the telephone number of, or other information regarding the origination of, a call made using a telecommunications service or IP-enabled voice service. Such term includes automatic number identification services. ``(C) 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 classes 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 interconnection capability such that the service can originate traffic to, or terminate traffic from, the public switched telephone network. ``(8) Limitation.--Notwithstanding any other provision of this section, subsection (f) shall not apply to this subsection or to the regulations under this subsection.''

Truth in Caller ID Act of 2006 - Amends the Communications Act of 1934 to make it unlawful for any person in the United States, in connection with any telecommunications service or Internet protocol (IP)-enabled voice service, to cause any caller identification (ID) service to transmit misleading or inaccurate caller ID information, unless such transmission is exempted in connection with: (1) authorized activities of law enforcement agencies; or (2) a court order specifically authorizing the use of caller ID manipulation. Provides civil and criminal penalties for violations. Allows for enforcement by states (with authorized intervention by the Federal Communications Commission (FCC)).

{"src": "billsum_train", "title": "A bill to amend the Communications Act of 1934 to prohibit manipulation of caller identification information."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commercial Fishing, Farm, and Ranch Risk Management Act''. SEC. 2. COMMERCIAL FISHING, FARM, AND RANCH RISK MANAGEMENT ACCOUNTS. (a) In General.--Subpart C of part II of subchapter E of chapter 1 of the Internal Revenue Code of 1986 (relating to taxable year for which deductions taken) is amended by inserting after section 468B the following: ``SEC. 468C. COMMERCIAL FISHING, FARM, AND RANCH RISK MANAGEMENT ACCOUNTS. ``(a) Deduction Allowed.--In the case of an individual engaged in an eligible farming business or commercial fishing, there shall be allowed as a deduction for any taxable year the amount paid in cash by the taxpayer during the taxable year to a Commercial Fishing, Farm, and Ranch Risk Management Account (hereinafter in this section referred to as the `CFFR Account'). ``(b) Limitation.--The amount which a taxpayer may pay into the CFFR Account for any taxable year shall not exceed 20 percent of so much of the taxable income of the taxpayer (determined without regard to this section) which is attributable (determined in the manner applicable under section 1301) to any eligible farming business or commercial fishing. ``(c) Eligible Businesses.--For purposes of this section-- ``(1) Eligible farming business.--The term `eligible farming business' means any farming business (as defined in section 263A(e)(4)) which is not a passive activity (within the meaning of section 469(c)) of the taxpayer. ``(2) Commercial fishing.--The term `commercial fishing' has the meaning given such term by section 3(4) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802(4)) but only if such fishing is not a passive activity (within the meaning of section 469(c)) of the taxpayer. ``(d) CFFR Account.--For purposes of this section, the term `Commercial Fishing, Farm, and Ranch Risk Management Account' or `CFFR Account' means a trust created or organized in the United States for the exclusive benefit of the taxpayer, but only if the written governing instrument creating the trust meets the following requirements: ``(1) No contribution will be accepted for any taxable year in excess of the amount allowed as a deduction under subsection (a) for such year. ``(2) The trustee is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which such person will administer the trust will be consistent with the requirements of this section. ``(3) The assets of the trust consist entirely of cash or of obligations which have adequate stated interest (as defined in section 1274(c)(2)) and which pay such interest not less often than annually. ``(4) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(e) Inclusion of Amounts Distributed.-- ``(1) In general.--Except as provided in paragraph (2), there shall be includible in the gross income of the taxpayer for any taxable year-- ``(A) any amount distributed from a CFFR Account of the taxpayer during such taxable year, and ``(B) any deemed distribution under-- ``(i) subsection (f)(1) (relating to deposits not distributed within 10 years), ``(ii) subsection (f)(2) (relating to cessation in eligible farming business), and ``(iii) subparagraph (B) or (C) of subsection (f)(3) (relating to prohibited transactions and pledging account as security). ``(2) Exceptions.--Paragraph (1)(A) shall not apply to-- ``(A) any distribution to the extent attributable to income of the Account, and ``(B) the distribution of any contribution paid during a taxable year to a CFFR Account to the extent that such contribution exceeds the limitation applicable under subsection (b) if requirements similar to the requirements of section 408(d)(4) are met. For purposes of subparagraph (A), distributions shall be treated as first attributable to income and then to other amounts. ``(f) Special Rules.-- ``(1) Tax on deposits in account which are not distributed within 10 years.-- ``(A) In general.--If, at the close of any taxable year, there is a nonqualified balance in any CFFR Account-- ``(i) there shall be deemed distributed from such Account during such taxable year an amount equal to such balance, and ``(ii) the taxpayer's tax imposed by this chapter for such taxable year shall be increased by 10 percent of such deemed distribution. The preceding sentence shall not apply if an amount equal to such nonqualified balance is distributed from such Account to the taxpayer before the due date (including extensions) for filing the return of tax imposed by this chapter for such year (or, if earlier, the date the taxpayer files such return for such year). ``(B) Nonqualified balance.--For purposes of subparagraph (A), the term `nonqualified balance' means any balance in the Account on the last day of the taxable year which is attributable to amounts deposited in such Account before the 9th preceding taxable year. ``(C) Ordering rule.--For purposes of this paragraph, distributions from a CFFR Account (other than distributions of current income) shall be treated as made from deposits in the order in which such deposits were made, beginning with the earliest deposits. ``(2) Cessation in eligible business.--At the close of the first disqualification period after a period for which the taxpayer was engaged in an eligible farming business or commercial fishing, there shall be deemed distributed from the CFFR Account of the taxpayer an amount equal to the balance in such Account (if any) at the close of such disqualification period. For purposes of the preceding sentence, the term `disqualification period' means any period of 3 consecutive taxable years for which the taxpayer is not engaged in an eligible farming business or commercial fishing. ``(3) Certain rules to apply.--Rules similar to the following rules shall apply for purposes of this section: ``(A) Section 220(f)(8) (relating to treatment on death). ``(B) Section 408(e)(2) (relating to loss of exemption of account where individual engages in prohibited transaction). ``(C) Section 408(e)(4) (relating to effect of pledging account as security). ``(D) Section 408(g) (relating to community property laws). ``(E) Section 408(h) (relating to custodial accounts). ``(4) Time when payments deemed made.--For purposes of this section, a taxpayer shall be deemed to have made a payment to a CFFR Account on the last day of a taxable year if such payment is made on account of such taxable year and is made on or before the due date (including extensions) for filing the return of tax for such taxable year. ``(5) Individual.--For purposes of this section, the term `individual' shall not include an estate or trust. ``(6) Deduction not allowed for self-employment tax.--The deduction allowable by reason of subsection (a) shall not be taken into account in determining an individual's net earnings from self-employment (within the meaning of section 1402(a)) for purposes of chapter 2. ``(g) Reports.--The trustee of a CFFR Account shall make such reports regarding such Account to the Secretary and to the person for whose benefit the Account is maintained with respect to contributions, distributions, and such other matters as the Secretary may require under regulations. The reports required by this subsection shall be filed at such time and in such manner and furnished to such persons at such time and in such manner as may be required by such regulations.''. (b) Tax on Excess Contributions.-- (1) Subsection (a) of section 4973 of such Code (relating to tax on excess contributions to certain tax-favored accounts and annuities) is amended by striking ``or'' at the end of paragraph (4), by inserting ``or'' at the end of paragraph (5), and by inserting after paragraph (5) the following: ``(6) a CFFR Account (within the meaning of section 468C(d)), or''. (2) Section 4973 of such Code is amended by adding at the end the following: ``(g) Excess Contributions to Farm Accounts.--For purposes of this section, in the case of a CFFR Account (within the meaning of section 468C(d)), the term `excess contributions' means the amount by which the amount contributed for the taxable year to the Account exceeds the amount which may be contributed to the Account under section 468C(b) for such taxable year. For purposes of this subsection, any contribution which is distributed out of the CFFR Account in a distribution to which section 468C(e)(2)(B) applies shall be treated as an amount not contributed.''. (3) The section heading for section 4973 of such Code is amended to read as follows: ``SEC. 4973. EXCESS CONTRIBUTIONS TO CERTAIN ACCOUNTS, ANNUITIES, ETC.''. (4) The table of sections for chapter 43 of such Code is amended by striking the item relating to section 4973 and inserting the following: ``Sec. 4973. Excess contributions to certain accounts, annuities, etc.''. (c) Tax on Prohibited Transactions.-- (1) Subsection (c) of section 4975 of such Code (relating to tax on prohibited transactions) is amended by adding at the end the following: ``(7) Special rule for farm accounts.--A person for whose benefit a CFFR Account (within the meaning of section 468C(d)) is established shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if, with respect to such transaction, the account ceases to be a CFFR Account by reason of the application of section 468C(f)(3)(B) to such account.''. (2) Paragraph (1) of section 4975(e) of such Code is amended by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively, and by inserting after subparagraph (E) the following: ``(F) a CFFR Account described in section 468C(d),''. (d) Failure To Provide Reports on Farm Accounts.--Paragraph (2) of section 6693(a) of such Code (relating to failure to provide reports on certain tax-favored accounts or annuities) is amended by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively, and by inserting after subparagraph (C) the following: ``(D) section 468C(g) (relating to CFFR Accounts),''. (e) Clerical Amendment.--The table of sections for subpart C of part II of subchapter E of chapter 1 of such Code is amended by inserting after the item relating to section 468B the following: ``Sec. 468C. Commercial fishing, farm, and ranch risk management accounts.''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Commercial Fishing, Farm, and Ranch Risk Management Act - Amends the Internal Revenue Code to establish a Commercial Fishing, Farm, and Ranch Risk Management Account (CFFR Account) to provide farmers and commercial fisherman with additional capital for investment and to protect against operating losses. Allows a tax deduction for cash contributions to a CFFR Account, limited to 20% of the taxpayer's taxable income attributable to an active farm or commercial fishing business. Imposes a 10% additional tax on amounts in a CFFR Account which are not distributed within 10 years after the establishment of such Account.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for Commercial Fishing, Farm, and Ranch Risk Management Accounts, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Youth Anti-Drug Media Campaign Reauthorization Act of 2003''. SEC. 2. GENERAL IMPROVEMENTS TO NATIONAL ANTI-DRUG MEDIA CAMPAIGN AND REAUTHORIZATION. The Drug-Free Media Campaign Act of 1998 (21 U.S.C. 1801 et seq.) is amended-- (1) in section 101, by striking ``Drug-Free Media Campaign Act of 1998'' and inserting ``National Youth Anti-Drug Media Campaign Act''; (2) in section 102-- (A) in subsection (a), by striking ``national media campaign'' and all that follows through the period and inserting the following: ``national youth anti-drug media campaign (referred to in this subtitle as the `national media campaign') in accordance with this subtitle for the purposes of-- ``(1) preventing drug abuse among young people in the United States; ``(2) increasing awareness of adults of the impact of drug abuse on young people in the United States; and ``(3) encouraging parents and other interested adults to discuss with young people the dangers associated with drug use.''; (B) in subsection (b), by striking ``105'' and inserting ``106''; and (C) by adding at the end the following: ``(c) Division of Responsibilities and Functions Under the Program.-- ``(1) In general.--The Director, in consultation with the Partnership for a Drug Free America, shall determine the overall purposes and strategy of the national media campaign. ``(2) Responsibilities.-- ``(A) Director.--The Director shall be responsible for implementing a focused national media campaign to meet the purposes set forth in section 102(a), and shall approve-- ``(i) the strategy of the national media campaign; ``(ii) all advertising used in the national media campaign; and ``(iii) the plan for the purchase of advertising time and space for the national media campaign. ``(B) The partnership for a drug-free america.--The Director shall request that the Partnership for a Drug- Free America-- ``(i) recommend strategies to achieve the goals of the national media campaign that address national, regional, and local drug threats; ``(ii) create all advertising to be used in the national media campaign, except advertisements that are-- ``(I) provided by other nonprofit entities pursuant to section 103(c); ``(II) intended to reach a minority, ethnic, or other special audience that cannot be obtained at no cost (not including production costs and talent reuse payments); and ``(III) any other advertisements that the Partnership for a Drug-Free America determines it is unable to provide; and ``(iii) test all advertisements prior to use in the national media campaign to ensure that the advertisements are effective and meet industry-accepted standards. ``(C) Media buying contractor.--The Director shall enter into a contract with a media buying contractor to plan and purchase advertising time and space for the national media campaign.''; (3) in section 103-- (A) in subsection (a)-- (i) in paragraph (1)-- (I) in subparagraph (A), by inserting ``, including the strategic planning for, and accounting of, such purchases'' after ``space''; (II) in subparagraph (C), by striking ``out-of-pocket''; and (III) in subparagraph (F), by striking ``the Office of National Drug Control Policy'' and inserting ``either the Office of National Drug Control Policy or the designee of the Office''; and (ii) by striking paragraph (2) and inserting the following: ``(2) Advertising.-- ``(A) In general.--Except as provided in subparagraph (B), in carrying out this subtitle, the Director shall ensure that sufficient funds are allocated to meet the stated goals of the national media campaign. ``(B) Exception.--No funds shall be used for the creative development of advertisements (not including out-of-pocket production costs and talent reuse payments) except when-- ``(i) the advertisements are intended to reach a minority, ethnic, or other special audience that cannot be obtained at no cost (not including production costs and talent reuse payments); ``(ii) the Partnership for a Drug-Free America is unable to provide such advertisements; and ``(iii) the Director gives prior notice to the Committtees on Appropriations of the House of Representatives and the Senate, the Committee on Government Reform of the House of Representatives, and the Committee on the Judiciary of the Senate.''; (B) in subsection (b), by striking ``105'' and inserting ``106''; (C) by striking subsection (c) and inserting the following: ``(c) Matching Requirement.-- ``(1) No cost match.-- ``(A) In general.--Except as provided in subparagraph (B), amounts made available for the national media campaign under section 106 shall be used to require a no cost match of equivalent value of advertising broadcast time and print space or in-kind contributions to the national media campaign prior to the Director executing a contract for the purchase of any advertising time or space for the national media campaign. ``(B) Exception.--The Director shall ensure that all no cost matches of advertising material, time, and space or in-kind contributions provided pursuant to subparagraph (A) directly relate to substance abuse prevention consistent with the specific purposes set forth in section 102(a). ``(2) Sponsorship identification.--Any advertising material donated to the national media campaign at no cost shall not be subject to the sponsorship identification provisions in section 317 of the Communications Act of 1934 (47 U.S.C. 317).''; and (D) by adding at the end the following: ``(d) Responsible Use of Federal Funds.-- ``(1) In general.--The Director shall ensure that-- ``(A) for each fiscal year, not less than 85 percent of the amounts appropriated under this subtitle shall be used for the purchase of advertising time and space for the national media campaign; and ``(B) no more than $5,000,000 is used in each fiscal year to develop advertising material pursuant to subsection (a)(2)B)(ii).''; (4) by striking section 104 and inserting the following: ``SEC. 104. FINANCIAL AND PERFORMANCE ACCOUNTABILITY. ``The Director shall-- ``(1) carry out (through the Defense Contract Audit Agency or an independent auditor) an examination of records as described in section 304C of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254d) and an audit of the costs described in section 306 of that Act (41 U.S.C. 256); ``(2) designate an independent entity to evaluate annually the effectiveness of the national media campaign based on prior year data from-- ``(A) the `Monitoring the Future Study' published by the Department of Health and Human Services; ``(B) the Attitude Tracking Study published by the Partnership for a Drug Free America; ``(C) the National Household Survey on Drug Abuse; and ``(D) other relevant studies or publications, as determined by the Director, including tracking and evaluation data collected according to marketing and advertising industry standards; and ``(3) submit a report to Congress in accordance with section 105, including the evaluation referred to in paragraph (2).''; (5) by striking section 105 and inserting the following: ``SEC. 105. REPORT TO CONGRESS. ``The Director shall submit on an annual basis a report to Congress that describes-- ``(1) the strategy of the national media campaign and whether specific objectives of the campaign were accomplished; ``(2) steps taken to ensure that the national media campaign operates in an effective and efficient manner consistent with the overall strategy and focus of the campaign; ``(3) plans to purchase advertising time and space; ``(4) policies and practices implemented to ensure that Federal funds are used responsibly to purchase advertising time and space and eliminate the potential for waste, fraud, and abuse; and ``(5) all contracts entered into with a corporation, partnership, or individual working on behalf of the national media campaign.''; and (6) by adding at the end the following: ``SEC. 106. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Office of National Drug Control Policy to carry out this subtitle, $195,000,000 for each of the fiscal years 2004 through 2008.''.

National Youth Anti-Drug Media Campaign Reauthorization Act of 2003 - Amends the Drug-Free Media Campaign Act of 1998 to require the Director of the Office of National Drug Control Policy to conduct a national youth anti-drug media campaign, the purposes of which shall include: (1) increasing the awareness of adults of the impact of drug abuse on young people; and (2) encouraging parents and other adults to discuss with young people the dangers associated with drug use (current law requires the Director to conduct a national media campaign to reduce and prevent drug abuse among young people).States that the Director shall approve the strategy of the campaign and all advertising.Directs the Director to request that the Partnership for a Drug-Free America: (1) recommend strategies addressing national, regional, and local drug threats; and (2) create all advertising to be used in the media campaign, with certain exceptions.Modifies provisions pertaining to the use of funds, including to state that no funds other than out-of-pocket production costs and talent reuse payments may be used for the creative development of advertisements except in specified circumstances.Requires the receipt of no cost matches relating to substance abuse prevention prior to any disbursal of funds for advertising time or space. Declares that any donated advertising material shall not be subject to sponsorship identification provisions in the Communications Act of 1934.Requires the Director to carry out an examination of campaign records and an audit of the costs of the campaign, in accordance with the Federal Property and Administrative Services Act of 1949.

{"src": "billsum_train", "title": "To make improvements with respect to the Drug-Free Media Campaign Act of 1998 and to authorize such Campaign through fiscal year 2008."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Budget Protection Act of 2003''. SEC. 2. FINDINGS. The Congress finds: (1) The Congress, after review of Congressional Budget Office estimates and other expert opinions, finds that for a prolonged period the amount of revenues collected will be substantially less than the projected Federal expenditures thereby placing burdens and constraints on the budget and appropriations decision-making process. (2) The Congress finds that the budget/appropriations for Defense, driven by the war and occupation of Iraq, is likely to grow rapidly and uncontrollably. These obligations will place intense strains on the Budget/Appropriations process. (3) The Congress finds that already certain vital federally funded programs are experiencing devastating federal financial assistance cuts. More specifically, assistance for Education, Public Housing, Medicaid, Medicare and Temporary Aid to Needy Families (TANF) are being subjected to unacceptable cuts. (4) The Congress finds that there is an established precedent for the long-term financing of a U.S. War effort. A special tax on the profits of the nation's largest corporations would be in accordance with previous precedents: World War I, World War II, Korea and Vietnam. (5) The Congress finds that in the last 25 years corporations have steadily borne less and less of the overall tax burden. The corporate share of the tax burden has dropped from a high of 35 percent in 1945 to a level of less than 3 percent in the year 2000. At the same time the individual income share of the tax burden has grown from 41 percent in 1945 to 50 percent in 2000. (6) The Congress finds that it is necessary to suspend further reductions in assistance to domestic programs. It is also imperative that any increases in basic revenue be utilized to increase assistance to vital domestic programs. SEC. 3. CORPORATE TAX SURCHARGE TO FUND WAR IN IRAQ. (a) General Rule.--Subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to determination of tax liability) is amended by adding at the end thereof the following new part: ``PART VIII--CORPORATE TAX SURCHARGE TO FUND WAR IN IRAQ ``Sec. 59B. Imposition of surtax. ``SEC. 59B. IMPOSITION OF SURTAX. ``(a) Normal Tax.-- ``(1) In general.--In the case of a specified corporation, the amount of the tax imposed under section 11 for any taxable year shall be increased by the applicable surtax percentage of the amount of the tax imposed under section 11 for such taxable year (determined without regard to this section). ``(2) Treatment of certain taxes.--For purposes of paragraph (1), a tax shall be treated as imposed under section 11 if the amount of such tax is determined by reference to the provisions of section 11 (or by reference to any rate contained therein). ``(b) Minimum Tax.--In the case of a specified corporation, the amount of the tentative minimum tax determined under section 55 for any taxable year shall be increased by the applicable surtax percentage of the amount of the tentative minimum tax for such taxable year (determined without regard to this section). ``(c) Definitions.--For purposes of this section-- ``(1) Specified corporation.--The term `specified corporation' means any corporation if the aggregate gross assets of the corporation (as defined in section 1202(d)) (or any predecessor thereof) at any time during the taxable year or any prior taxable year after the date of the enactment of this section exceeds $10,000,000. ``(2) Applicable surtax percentage.--The term `applicable surtax percentage' means, with respect to a taxable year beginning in a calendar year, percentage specified by the Secretary as the amount necessary to fund the war in Iraq for such calendar year. ``(d) Coordination With Other Provisions.--The provisions of this section shall be applied-- ``(1) after the application of section 1201 and 801(a)(2), but ``(2) before the application of any other provision of this title which refers to the amount of tax imposed by section 11 or 55, as the case may be. No penalty shall be imposed by section 6655 by reason of amounts imposed by this section. ``(e) Application of Section.--For purposes of subsection (c)(2), there shall not be taken into account-- ``(1) expenditures before March 1, 2003, and ``(2) expenditures after the earliest date that no member of the Armed Forces of the United States is serving on active duty in Iraq.'' (b) Clerical Amendment.--The table of parts for subchapter A of chapter 1 of such Code is amended by adding at the end thereof the following new item: ``Part VIII. Corporate tax surcharge to reduce deficit.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002.

Domestic Budget Protection Act of 2003 - Amends the Internal Revenue Code of 1986 to impose a surtax on corporations with aggregate gross assets that exceed $10 million to fund war in Iraq.

{"src": "billsum_train", "title": "To raise revenue and reduce large and increasing Federal budget deficits due to the cost of the war in Iraq."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Heartbeat Informed Consent Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The presence of a heartbeat in a woman's unborn child will be a material consideration to many women contemplating abortion. (2) The presence of a heartbeat in a woman's unborn child is a developmental fact that illustrates to the woman that her baby is already alive. (3) On about the 21st or 22nd day after fertilization (which is about 5 weeks from the first day of the last menstrual period) the heart of an unborn child begins to beat. (4) The heartbeat of an unborn child can be visually detected at an early stage of pregnancy using an ultrasound machine, typically, at 4 to 4.5 weeks after fertilization (6 to 6.5 weeks from the first day of the last menstrual period) on transvaginal ultrasound, and at 5.5 to 6 weeks after fertilization (7.5 to 8 weeks from the first day of the last menstrual period) on transabdominal ultrasound. (5) The heartbeat of an unborn child can be made audible at later stages, including by using a handheld Doppler fetal monitor. (6) Less than five percent of all natural pregnancies end in spontaneous miscarriage after detection of cardiac activity. A fetal heartbeat is therefore a key medical indicator that an unborn child is likely to achieve the capacity for live birth. (7) The observation of a heartbeat in a woman's unborn child, when a heartbeat has been detected, is an important component of full informed consent. (8) Ensuring full informed consent for an abortion is imperative, because of the profound physical and psychological risks of an abortion. As the Supreme Court has observed, ``[t]he medical, emotional, and psychological consequences of an abortion are serious and can be lasting.'' H.L. v. Matheson, 450 U.S. 398, 411 (1981). The woman's decision whether to abort ``is an important, and often a stressful one, and it is desirable and imperative that it be made with full knowledge of its nature and consequences.'' Planned Parenthood v. Danforth, 428 U.S. 52, 67 (1976). ``Whether to have an abortion requires a difficult and painful moral decision,'' in which ``some women come to regret their choice to abort the infant life they once created and sustained,'' and ``[s]evere depression and loss of esteem can follow . . . The State has an interest in ensuring so grave a choice is well informed. It is self-evident that a mother who comes to regret her choice to abort must struggle with grief more anguished and sorrow more profound when she learns, only after the event, what she once did not know . . .'' Gonzales v. Carhart, 550 U.S. 124, 159-160 (2007). (9) Requiring providers to give a woman an opportunity to observe her unborn child's heartbeat is constitutionally permissible, and the ultrasound image of an unborn child is truthful, nonmisleading information. ``In attempting to ensure that a woman apprehend the full consequences of her decision, the State furthers the legitimate purpose of reducing the risk that a woman may elect an abortion, only to discover later, with devastating psychological consequences, that her decision was not fully informed. If the information the State requires to be made available to the woman is truthful and not misleading, the requirement may be permissible.'' (Opinion of O'Connor, Kennedy, and Souter, Planned Parenthood v. Casey, 505 U.S. 833, 882 (1992)). (10) Further, recent research, taking into account 22 studies with control groups and more than 877,000 women over a 14-year period, finds that women who have had an abortion have an 81 percent increased risk for mental health problems and 10 percent of the mental health problems of women who have had an abortion are directly attributed to abortion. SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following: ``TITLE XXXIV--INFORMED CONSENT ``SEC. 3401. DEFINITIONS. ``In this title: ``(1) Abortion.--The term `abortion' means the intentional use or prescription of any instrument, medicine, drug, or any other substance, device, or method to terminate the life of an unborn child, or to terminate the pregnancy of a woman known to be pregnant, with an intention other than-- ``(A) to produce a live birth and preserve the life and health of the child after live birth; or ``(B) to remove an ectopic pregnancy, or to remove a dead unborn child who died as the result of a spontaneous abortion, accidental trauma, or a criminal assault on the pregnant female or her unborn child. ``(2) Abortion provider.--The term `abortion provider' means any person legally qualified to perform an abortion under applicable Federal and State laws. ``(3) Certified technician.--The term `certified technician' means-- ``(A) a registered diagnostic medical sonographer who is certified in obstetrics and gynecology by the American Registry for Diagnostic Medical Sonography (ARDMS); or ``(B) a nurse midwife, or an advanced practice nurse practitioner in obstetrics, with certification in obstetrical ultrasonography. ``(4) Embryonic or fetal heartbeat.--The term `embryonic or fetal heartbeat' means embryonic or fetal cardiac activity or the steady and repetitive rhythmic contraction of the embryonic or fetal heart. ``(5) Unborn child.--The term `unborn child' means a member of the species homo sapiens, at any stage of development prior to birth. ``(6) Unemancipated minor.--The term `unemancipated minor' means a minor who is subject to the control, authority, and supervision of his or her parents or guardians, as determined under the law of the State in which the minor resides. ``(7) Woman.--The term `woman' means a female human being whether or not she has reached the age of majority. ``SEC. 3402. REQUIREMENT OF INFORMED CONSENT. ``(a) Requirement of Compliance by Providers.--Any abortion provider in or affecting interstate or foreign commerce, who knowingly performs any abortion, shall comply with the requirements of this title. ``(b) Performance and Review of Ultrasound.-- ``(1) Requirement.--Prior to a woman giving informed consent to having any part of an abortion performed, the abortion provider who is to perform the abortion, a certified technician, or another agent of the abortion provider who is competent in ultrasonography shall-- ``(A) perform an obstetric ultrasound on the pregnant woman; ``(B) during the performance of the ultrasound, display the ultrasound images (as described in paragraph (2)) so that the pregnant woman may view the images; and ``(C) provide a medical description of the ultrasound images of the unborn child's cardiac activity, if present and viewable. ``(2) Quality of ultrasound images.--To be displayed in accordance with paragraph (1)(B), ultrasound images shall-- ``(A) be of a quality consistent with standard medical practice; ``(B) contain the dimensions of the unborn child; and ``(C) accurately portray the presence of external members and internal organs, if present. ``(3) Ability to avert eyes.--Nothing in this section shall be construed to prevent a pregnant woman from closing or averting her eyes from the ultrasound images required to be displayed, or not listening to the description of the images required to be given, by the provider or the provider's agent pursuant to paragraph (1). ``(c) Audible Embryonic or Fetal Heartbeat.-- ``(1) Requirement.--Prior to a woman giving informed consent to having any part of an abortion performed, if the pregnancy is at least 8 weeks after fertilization (10 weeks from the first day of the last menstrual period), the abortion provider who is to perform the abortion, a certified technician, or another agent of the abortion provider shall, using a hand-held Doppler fetal monitor, make the embryonic or fetal heartbeat of the unborn child audible for the pregnant woman to hear. ``(2) Unsuccessful attempts at detecting heartbeat.--An abortion provider, a certified technician, or another agent of the abortion provider shall not be in violation of paragraph (1) if-- ``(A) the provider, certified technician, or agent has attempted, consistent with standard medical practice, to make the embryonic or fetal heartbeat of the unborn child audible for the pregnant woman to hear using a hand-held Doppler fetal monitor; ``(B) that attempt does not result in the heartbeat being made audible; and ``(C) the provider has offered to attempt to make the heartbeat audible at a subsequent date. ``(3) Ability to not listen.--Nothing in this section shall be construed to prevent the pregnant woman from not listening to the sounds detected by the hand-held Doppler fetal monitor, pursuant to paragraph (1). ``SEC. 3403. EXCEPTION FOR MEDICAL EMERGENCIES. ``(a) Exception.--The provisions of section 3402 shall not apply to an abortion provider in the case that the abortion is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. ``(b) Certification.-- ``(1) In general.--Upon a determination by an abortion provider under subsection (a) that an abortion is necessary to save the life of a mother, such provider shall certify the specific medical conditions that support such determination and include such certification in the medical file of the pregnant woman. ``(2) False statements.--An abortion provider who knowingly or recklessly falsifies a certification under paragraph (1) is deemed to have knowingly or recklessly failed to comply with this title for purposes of section 3404. ``SEC. 3404. PENALTIES. ``(a) In General.--An abortion provider who knowingly or recklessly fails to comply with any provision of this title shall be subject to civil penalties in accordance with this section in an appropriate Federal court. ``(b) Commencement of Action.--The Attorney General may commence a civil action under this section. ``(c) First Offense.--Upon a finding by a court that a respondent in an action commenced under this section has knowingly or recklessly violated a provision of this title, the court shall notify the appropriate State medical licensing authority and shall assess a civil penalty against the respondent in an amount not to exceed $100,000 for each such violation. ``(d) Second and Subsequent Offenses.--Upon a finding by a court that the respondent in an action commenced under this section has knowingly or recklessly violated a provision of this title, the court shall notify the appropriate State medical licensing authority and shall assess a civil penalty against the respondent in an amount not to exceed $250,000 for each such violation if the respondent has been found in a prior civil action to have knowingly or recklessly committed another violation of a provision of this title. ``(e) Private Right of Action.--A woman upon whom an abortion has been performed in violation of this title, or the parent or legal guardian of such a woman if she is an unemancipated minor, may commence a civil action against the abortion provider for any knowing or reckless violation of this title for actual and punitive damages.''. SEC. 4. PREEMPTION. Nothing in this Act or the amendments made by this Act shall be construed to preempt any provision of State law to the extent that such State law establishes, implements, or continues in effect greater disclosure requirements regarding abortion than those provided under this Act and the amendments made by this Act. SEC. 5. SEVERABILITY. If any provision of this Act, an amendment by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of the provisions of such remainder to any person or circumstance, shall not be affected thereby.

Heartbeat Informed Consent Act - Amends the Public Health Service Act to require abortion providers to perform an obstetric ultrasound on the pregnant woman, display the ultrasound images so that the she may view them, and provide a medical description of the ultrasound images of the unborn child's cardiac activity, if present and viewable. Requires the ultrasound to be performed before the woman gives informed consent for an abortion. Requires an abortion provider to make the embryonic or fetal heartbeat audible for the pregnant woman to hear prior to the woman giving informed consent to an abortion if the pregnancy is at least eight weeks after fertilization. Exempts an abortion provider if the abortion is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. Requires a certification in such cases. Subjects an abortion provider who knowingly or recklessly fails to comply with this Act to civil penalties and notification of the appropriate state medical licensing authority. Gives standing to file a civil action for violations of this Act to the Attorney General or a woman upon whom an abortion has been performed in violation of this Act or the parent or legal guardian of such a woman if she is an unemancipated minor.

{"src": "billsum_train", "title": "To ensure that women seeking an abortion receive an ultrasound and an opportunity to review the ultrasound before giving informed consent to receive an abortion."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Diabetes Self-Management Training Act of 2004''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Diabetes is the fifth leading cause of death in the United States. Over 18,000,000 Americans (6.2 percent of the population) currently are living with diabetes, a number that is estimated to increase to 29,000,000 by the year 2050. In 2002, diabetes accounted for $132,000,000,000 in direct and indirect health care costs. Diabetes is widely recognized as one of the top public health threats facing our Nation today. (2) Diabetes can occur in 2 forms--type 1 diabetes is caused by the body's inability to produce insulin, a hormone that allows glucose or sugar to enter and fuel cells and type 2 diabetes, which occurs when the body fails to make enough insulin or fails to properly use it. People with type 1 diabetes are required to take daily insulin injections to stay alive. While some people with type 2 diabetes need insulin shots, others with type 2 diabetes can control their diabetes through healthy diet, nutrition, and lifestyle changes. Type 2 diabetes accounts for up to 95 percent of all diabetes cases affecting 8 percent of the population age 20 and older. The prevalence of type 2 diabetes has tripled in the last 30 years, with much of that increase due to an upsurge in obesity. (3) In 2002, the Diabetes Prevention Program study found that participants (all of whom were at increased risk of developing type 2 diabetes) who made lifestyle changes reduced their risk of getting type 2 diabetes by 58 percent. (4) Diabetes self-management training (DSMT), also called diabetes education, provides knowledge and skill training to patients with diabetes, helping them identify barriers, facilitate problem solving, and develop coping skills to effectively manage their diabetes. Unlike many other diseases, diabetes requires constant vigilance on the part of the patient and demands far more than just taking pills or insulin shots. A certified diabetes educator is a health care professional-- often a nurse, dietitian, or pharmacist, who specializes in helping people with diabetes develop the self-management skills needed to stay healthy and avoid costly acute complications and emergency care, as well as debilitating secondary conditions caused by diabetes. (5) There are currently over 20,000 diabetes educators in the United States, most of whom are certified diabetes educators (CDEs) credentialed by the National Certification Board for Diabetes Educators (NCBDE). To earn a CDE designation, a health care professional must be licensed or registered, or have received an advanced degree in a relevant public health concentration, have professional practice experience and have met minimum hours requirements in diabetes self-management training, and have met certification and recertification requirements. Many other health care professionals that are able to bill for diabetes education through the medicare program have far less experience or ability to provide the skilled expertise to help people with diabetes self-manage the disease. (6) CDEs represent the only group of health care professionals who provide diabetes self-management training that have not been recognized as health care providers and are therefore precluded from directly billing the medicare program for DSMT. Adding CDEs as providers to that program would give diabetes patients access to the care they need. SEC. 3. RECOGNITION OF CERTIFIED DIABETES EDUCATORS AS MEDICARE PROVIDERS FOR PURPOSES OF DIABETES OUTPATIENT SELF- MANAGEMENT TRAINING SERVICES. (a) In General.--Section 1861(qq) of the Social Security Act (42 U.S.C. 1395x(qq)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A), by inserting ``and includes a certified diabetes educator (as defined in paragraph (3)) who is credentialed by a nationally recognized certifying body for diabetes educators and who provides services within a diabetes self-management training program that is lawfully operated under all applicable Federal, State, and local laws and regulations'' before the semicolon at the end; and (B) in subparagraph (B), by inserting before the period at the end the following: ``or is a certified diabetes educator (as so defined) who is credentialed by a nationally recognized certifying body for diabetes educators and who provides services within a diabetes self-management training program that is lawfully operated under all applicable Federal, State, and local laws and regulations''; and (2) by adding at the end the following: ``(3) For purposes of paragraph (2), the term `certified diabetes educator' means an individual who-- ``(A) is a health care professional who specializes in helping individuals with diabetes develop the self-management skills needed to overcome the daily challenges and problems caused by the disease; ``(B) has an advanced degree in a relevant public health concentration or is a licensed or registered health care professional, has met eligibility requirements for initial certification, including meeting the minimum requirements for professional practice experience and hours for diabetes self- management, and has passed a certification exam approved by a nationally recognized certifying body for diabetes educators; and ``(C) has periodically renewed certification status following initial certification.''. (b) GAO Study and Report.-- (1) Study.--The Comptroller General of the United States shall conduct a study to identify the barriers that exist for individuals with diabetes in accessing diabetes self-management training, including economic and geographic barriers and availability of appropriate referrals and access to adequate, qualified providers. (2) Report.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to Congress regarding the study conducted under paragraph (2). (c) Effective Date.--The amendments made by subsection (a) shall apply to diabetes outpatient self-management training services furnished on or after the date that is 6 months after the date of enactment of this Act.

Diabetes Self-Management Training Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act to provide for recognition of certified diabetes educators as Medicare providers by a nationally recognized certifying body for diabetes educators for purposes of diabetes outpatient self-management training services.

{"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to improve access to diabetes self-management training by designating certified diabetes educators recognized by the National Certification Board of Diabetes Educators as certified providers for purposes of outpatient diabetes education services under part B of the medicare program."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Regulatory Commission Authorization Act for Fiscal Year 2000''. TITLE I--AUTHORIZATION SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2000. (a) Commission.--There are authorized to be appropriated to the Nuclear Regulatory Commission, in accordance with the provisions of section 261 of the Atomic Energy Act of 1954 (42 U.S.C. 2017) and section 305 of the Energy Reorganization Act of 1974 (42 U.S.C. 5875), $465,400,000 for fiscal year 2000 to remain available until expended, of which $19,150,000 is authorized to be appropriated from the Nuclear Waste Fund. (b) Office of Inspector General.--There are authorized to be appropriated to the Nuclear Regulatory Commission's Office of Inspector General, in accordance with the provisions of section 1105(a)(25) of title 31, United States Code, $6,000,000 for fiscal year 2000 to remain available until expended. SEC. 102. ALLOCATION OF AMOUNTS AUTHORIZED. (a) In General.--The amounts authorized to be appropriated under section 101(a) for fiscal year 2000 shall be allocated as follows: (1) Nuclear reactor safety.--$210,043,000 for the Nuclear Reactor Safety Program. (2) Nuclear materials safety.--$63,881,000 for the Nuclear Materials Safety Program. (3) Nuclear waste safety.--$42,143,000 for the Nuclear Waste Safety Program. (4) International nuclear safety support program.-- $4,840,000 may be used for the International Nuclear Safety Support Program. (5) Management and support program.--$144,493,000 for the Management and Support Program. (b) Limitations.--The Nuclear Regulatory Commission may use not more than 1 percent of the amounts allocated under subsection (a) to exercise its authority under section 31 a. of the Atomic Energy Act of 1954 (42 U.S.C. 2051(a)) to make grants and enter into cooperative agreements with organizations such as universities, State and local governments, and not-for-profit institutions. Grants made by the Commission shall be made in accordance with chapter 63 of title 31, United States Code, and other applicable law. (c) Reallocation.-- (1) In general.--Except as provided in paragraphs (2) and (3), any amount allocated for a fiscal year pursuant to any paragraph of subsection (a) for purposes of the program referred to in the paragraph may be reallocated by the Nuclear Regulatory Commission for use in a program referred to in any other paragraph of subsection (a). (2) Limitation.--The amount available from appropriations for use in any program specified in any paragraph of subsection (a) may not, as a result of reallocations made under paragraph (1), be increased or reduced by more than $1,000,000 in a quarter, unless the Committee on Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate are notified in advance by the Commission. The notification shall contain a full and complete statement of the reallocation to be made and the facts and circumstances relied upon in support of the reallocation. (3) Use of certain funds.--Funds authorized to be appropriated from the Nuclear Waste Fund may be used only for the high-level nuclear waste activities of the Commission and may not be reallocated for other Commission activities. SEC. 103. LIMITATION. Notwithstanding any other provision of this Act, no authority to make payments under this Act shall be effective except to such extent or in such amounts as are provided in advance in appropriation Acts. SEC. 104. NRC USER FEES AND ANNUAL CHARGES. Section 6101(a)(3) of the Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. 2214(a)(3)) is amended by striking ``September 30, 1999'' and inserting ``September 30, 2004''. SEC. 105. COST RECOVERY FROM GOVERNMENT AGENCIES. Section 161w. of the Atomic Energy Act of 1954 (42 U.S.C. 2201w.) is amended-- (1) by striking ``, or which operates any facility regulated or certified under section 1701 or 1702,''; (2) by striking ``483 a.'' and inserting ``9701''; and (3) by inserting immediately before the period the following: ``, and commencing October 1, 2000, prescribe and collect from any other Government agency any fee, charge, or price which it may require in accordance with such section 9701 or any other law''. TITLE II--OTHER PROVISIONS SEC. 201. CARRYING OF FIREARMS BY LICENSEE EMPLOYEES. Section 161k. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(k)) is amended to read as follows: ``k. authorize such of its members, officers, and employees as it deems necessary in the interest of the common defense and security to carry firearms while in the discharge of their official duties. The Commission may also authorize-- ``(1) such of those employees of its contractors and subcontractors (at any tier) engaged in the protection of property under the jurisdiction of the United States located at facilities owned by or contracted to the United States or being transported to or from such facilities as it deems necessary in the interests of the common defense and security; and ``(2) such of those employees of persons licensed or certified by the Commission (including employees of contractors of licensees or certificate holders) engaged in the protection of property of (A) facilities owned or operated by a Commission licensee or certificate holder that are designated by the Commission, or (B) property of significance to the common defense and security located at facilities owned or operated by a Commission licensee or certificate holder or being transported to or from such facilities; to carry firearms while in the discharge of their official duties. A person authorized to carry firearms under this subsection may, while in the performance of, and in connection with, official duties, make arrests without warrant for any offense against the United States committed in that person's presence or for any felony cognizable under the laws of the United States if that person has reasonable grounds to believe that the individual to be arrested has committed or is committing such felony. An employee of a contractor or subcontractor or of a Commission licensee or certificate holder (or a contractor of a licensee or certificate holder) authorized to carry firearms under this subsection may make such arrests only when the individual to be arrested is within, or in direct flight from, the area of such offense. A person granted authority to make arrests by this subsection may exercise that authority only in the enforcement of laws regarding the property of the United States in the custody of the Department of Energy, the Nuclear Regulatory Commission, or a contractor of the Department of Energy or Nuclear Regulatory Commission or a licensee or certificate holder of the Commission, laws applicable to facilities owned or operated by a Commission licensee or certificate holder that are designated by the Commission pursuant to this subsection and property of significance to the common defense and security that is in the custody of a licensee or certificate holder or a contractor of a licensee or certificate holder of the Commission, or any provision of this chapter that may subject an offender to a fine, imprisonment, or both. The arrest authority conferred by this subsection is in addition to any arrest authority under other laws. The Secretary and the Commission, with the approval of the Attorney General, shall issue guidelines to implement this subsection;''. SEC. 202. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS. Section 229a. of the Atomic Energy Act of 1954 (42 U.S.C. 2278a(a)) is amended by adding after ``custody of the Commission'' the following: ``or subject to its licensing authority or to certification by the Commission under this Act or any other Act''. SEC. 203. SABOTAGE OF NUCLEAR FACILITIES OR FUEL. Section 236a. of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a)) is amended to read as follows: ``a. Any person who intentionally and willfully destroys or causes physical damage to, or who intentionally and willfully attempts to destroy or cause physical damage to-- ``(1) any production facility or utilization facility licensed under this Act, ``(2) any nuclear waste storage, treatment, or disposal facility licensed under this Act, ``(3) any nuclear fuel for a utilization facility licensed under this Act or any spent nuclear fuel from such a facility, ``(4) any uranium enrichment or nuclear fuel fabrication facility licensed or certified by the Nuclear Regulatory Commission, ``(5) any production, utilization, waste storage, waste treatment, waste disposal, uranium enrichment, or nuclear fuel fabrication facility subject to licensing or certification under this Act during its construction where the destruction or damage caused or attempted to be caused could affect public health and safety during the operation of the facility, shall be fined not more than $10,000 or imprisoned for not more than 10 years, or both.''. SEC. 204. PERIOD OF A COMBINED LICENSE. Subsection c. of section 103 of the Atomic Energy Act of 1954 (42 U.S.C. 2133(c)) is amended by adding at the end the following: ``In the case of a combined construction and operating license issued under section 185 b., the initial duration of the license may not exceed 40 years from the date on which the Commission finds, prior to operation of the facility, that the acceptance criteria required by such section have been met.''. SEC. 205. OFFICE LOCATION. Section 23 of the Atomic Energy Act of 1954 (42 U.S.C. 2033) is amended by striking ``; however, the Commission shall maintain an office for the service of process and papers within the District of Columbia''. SEC. 206. COMMISSION MEETINGS. (a) Conduct of Meetings.--Except as provided in subsection (b), the Nuclear Regulatory Commission shall hold any meeting in accordance with the regulations set forth in sections 9.100 through 9.109 of title 10 of the Code of Federal Regulations, as in effect on January 1, 1985. (b) Transcript Requirement.--The Commission shall maintain a complete transcript or electronic recording adequate to record fully the proceedings of any closed meeting. (c) Definitions.--For the purposes of this section-- (1) Meeting.--The term ``meeting'' has the meaning given such term in section 9.101(c) of title 10 of the Code of Federal Regulations, as in effect on January 1, 1985, and shall be construed to include preliminary discussions, and staff briefings, of a quorum of the members of the Commission involving official Commission business. (2) Closed meeting.--The term ``closed meeting'' has the meaning given such term in section 9.101(d) of title 10 of the Code of Federal Regulations, as in effect on January 1, 1985.

TABLE OF CONTENTS: Title I: Authorization Title II: Other Provisions Nuclear Regulatory Commission Authorization Act for Fiscal Year 2000 - Title I: Authorization - Authorizes appropriations from the Nuclear Waste Fund for FY 2000 for: (1) the Nuclear Regulatory Commission (NRC); and (2) the NRC Office of Inspector General. (Sec. 102) Allocates such appropriations among: (1) Nuclear Reactor Safety; (2) Nuclear Materials Safety; (3) Nuclear Waste Safety; (4) the International Nuclear Safety Support Program; and (5) Management and Support. Prohibits the NRC from using more than one percent of such allocations to make grants and enter into cooperative agreements with organizations such as universities, State and local governments, and not-for-profit institutions. Mandates NRC notification to the Congress as a prerequisite to specified reallocations. Restricts the use of Nuclear Waste Fund appropriations solely to NRC high-level nuclear waste activities. (Sec. 104) Amends the Omnibus Budget Reconciliation Act of 1990 to extend through FY 2004 NRC authority to assess and collect user fees and annual charges. (Sec. 105) Authorizes the NRC, beginning in FY 2001, to assess and collect fees for full cost recovery from other Federal agencies in return for services rendered by the NRC (rather than recover these costs through the annual fees assessed to all NRC licensees). Title II: Other Provisions - Amends the Atomic Energy Act of 1954 to prescribe guidelines for the carrying of firearms and the authority to make arrests by employees or contractors of NRC licensees or certificate holders for the protection of property of significance to the common defense and security located at facilities owned or operated by an NRC licensee or certificate holder or being transported to or from such facilities. (Sec. 202) Authorizes the NRC to issue trespass regulations relating to property subject to its licensing or certification authority. (Sec. 203) Revises the crime of sabotage of Federal nuclear facilities to cover any production, utilization, waste storage, treatment, disposal, uranium enrichment, or nuclear fuel fabrication facility subject to licensing or certification under this Act during its construction where the destruction or damage caused or attempted could affect public health and safety during facility operation. (Sec. 204) Provides that the initial duration of a combined construction and operating license for a production or utilization facility may not exceed 40 years from the date on which the NRC finds, prior to facility operation, that specified statutory acceptance criteria have been met. (Sec. 205) Repeals the requirement that the NRC maintain an office for the service of process and papers within the District of Columbia. (Sec.206) Directs NRC to: (1) hold open meetings in accordance with the Government in the Sunshine Act; and (2) maintain a complete transcript or electronic recording adequate to record fully any closed meeting proceedings.

{"src": "billsum_train", "title": "Nuclear Regulatory Commission Authorization Act for Fiscal Year 2000"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Health Care Access Protection Act of 2007''. SEC. 2. PROTECTING ACCESS TO MEDICARE HOME HEALTH SERVICES. (a) In General.--Section 1895(b)(3) of the Social Security Act (42 U.S.C. 1395fff(b)(3)) is amended-- (1) in subparagraph (B)(iv), by adding at the end the following: ``Such adjustment shall not be made with respect to home health services for payment in 2008 and in making such an adjustment with respect to home health services for payment in a subsequent year, the Secretary shall evaluate changes in case mix using standards developed by the Secretary consistent with the processes described in subparagraph (D)(i) and taking into account the criteria described in subparagraph (D)(ii).''; and (2) by adding at the end the following new subparagraph: ``(D) Processes and criteria for evaluating changes in case mix.--For purposes of subparagraph (B)(iv)-- ``(i) Processes.--The processes described in this clause are the following: ``(I) In developing standards referred to in such subparagraph, the Secretary shall convene a Technical Advisory Group consisting of stakeholders, including individuals and organizations representing the interests of Medicare beneficiaries, the National Association for Home Care & Hospice, and the Visiting Nurse Associations of America, health care academia, and health care professionals, in equal numbers from each and limited to parties without an existing contractual relationship with the Secretary, to advise the Secretary concerning the establishment of such standards in order to distinguish between real changes in case mix and changes in coding or classification of different units of services that do not reflect real changes in case mix. The Technical Advisory Group shall be given the opportunity to review and comment on any proposed rulemaking or final determination by the Secretary on such standards prior to such rulemaking or determination. ``(II) If the Secretary engages an outside contractor to participate in the evaluation of case mix changes described in subclause (I), the Secretary shall only utilize a contractor that has not previously participated in the design and establishment of the case mix adjustment factors under subparagraph (B). ``(III) If the Secretary determines that any increase in case mix relates to changes in the volume or nature of services provided to home health services patients, the Secretary shall evaluate that increase through actual review of claims and services and shall not use any proxy or surrogate for determining whether the change in volume or nature of services is reasonable and necessary. ``(IV) The Secretary shall establish the standards referred to in subclause (I) by regulation. ``(V) With respect to establishment of such standards, the Secretary shall make public all data, reports, and supporting materials, including any comments by the Technical Advisory Group pursuant to subclause (I), regarding the standards at the time of notice of such standards. ``(ii) Criteria.--The criteria described in this clause are the following: ``(I) The impact of changes in the program under this title that may affect the characteristics of individuals receiving home health services. ``(II) The impact of changes in the provision of health care services by providers of services other than home health agencies. ``(III) Distinctions in the characteristics of individuals initiating home health services from the community and institutional care settings. ``(IV) Whether any changes in coding resulted in a change in expenditures overall annually and disregarding changes in coding that do not have an overall expenditure impact. ``(V) Any other factors determined appropriate by the Secretary in consultation with the Technical Advisory Group under clause (i)(I).''. (b) Voiding of Proposed Case Mix Adjustment.--The Secretary of Health and Human Services shall not take any action to implement or otherwise carry out provisions contained in the final rule published on August 29, 2007, on pages 49762-49945 of volume 72 of the Federal Register, insofar as such provisions propose to make a case mix adjustment to the standardized payment amounts under the prospective payment system for home health services under section 1895 of the Social Security Act (42 U.S.C. 1395fff) to account for changes in coding that were not related to an underlying change in patient health status. The Secretary shall republish any rates specified in such rule to take into account the application of the previous sentence. The Secretary shall only institute an adjustment under subparagraph (B)(iv) of such section in compliance with subparagraph (D) of such section, as added by subsection (a)(2).

Home Health Care Access Protection Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act with respect to the prospective payment system (PPS) for home health services and adjustments to it for case mix changes. Prohibits any adjustment in the PPS for payment in 2008. Requires the Secretary of Health and Human Services, for any adjustment in a subsequent year, to evaluate changes in case mix using standards developed consistent with specified processes, taking certain criteria into account. Directs the Secretary to convene a Technical Advisory Group to advise on the development of such standards. Prohibits the Secretary from taking any action to implement or otherwise carry out provisions in the final rule published on August 29, 2007, that propose to make a case mix adjustment to the standardized payment amounts under the PPS to account for changes in coding that were not related to an underlying change in patient health status. Directs the Secretary to republish any rates specified in such rule to take into account the application of such prohibition.

{"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to protect Medicare beneficiaries' access to home health services under the Medicare Program."}

SECTION 1. CONTINUANCE OF CIVILIAN PAY DURING PERIODS OF LAPSED APPROPRIATIONS. (a) Continuance of Pay.--Subchapter III of chapter 55 of title 5, United States Code, is amended by redesignating section 5527 as section 5528 and inserting after section 5526 the following: ``Sec. 5527. Continuance of pay during periods of lapsed appropriations ``(a) For purposes of this section-- ``(1) the term `period of lapsed appropriations', when used with respect to any employee, means any period during which appropriations are not available due to the absence of the timely enactment of any Act or joint resolution appropriating funds for the agency in which that employee is employed; ``(2) the term `pay' means basic and premium pay, allowances, agency contributions for retirement and life and health insurance, and any other element of aggregate compensation (as specified in section 530.202 of title 5 of the Code of Federal Regulations, as in effect on the date of the enactment of this Act, or, in the case of an employee not subject to such section, any similar form of compensation); and ``(3) the term `employee' means an officer or employee of the United States, but does not include a member of a uniformed service. ``(b) For any period of lapsed appropriations, there are appropriated, out of any moneys in the Treasury not otherwise appropriated, such sums as may be necessary for the pay of any employee who was employed as such immediately before the period of lapsed appropriations and who continues in the position in which he was so employed. ``(c)(1) This section does not authorize expenditure of funds during any period of lapsed appropriations for the pay of any employee at a rate in excess of the rate payable for that employee immediately before that period. ``(2) This section shall not be construed to affect the entitlement of any person to an amount of pay which is in excess of the amount payable under this section and to which such person is entitled under other applicable provisions of law. ``(d) Expenditures made for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever the regular appropriation bill becomes law.''. (b) Conforming Amendments.--(1) The heading for subchapter III of chapter 55 of title 5, United States Code, is amended by striking ``AND ASSIGNMENT'' and inserting ``ASSIGNMENT, AND CONTINUANCE''. (2) The analysis for chapter 55 of title 5, United States Code, is amended by striking the item relating to section 5527 and inserting the following: ``5527. Continuance of pay during periods of lapsed appropriations. ``5528. Regulations.''. (3) The analysis for chapter 55 of title 5, United States Code, is further amended by striking ``AND ASSIGNMENT'' in the item relating to subchapter III and inserting ``ASSIGNMENT, AND CONTINUANCE''. SEC. 2. AUTHORITY TO MAKE CERTAIN EXPENDITURES AND OBLIGATIONS DURING LAPSES IN APPROPRIATIONS. (a) Authority To Make Certain Expenditures and Obligations.-- Chapter 13 of title 31, United States Code, is amended by inserting after section 1310 the following new section: ``Sec. 1311. Authority to make certain expenditures and obligations during lapses in appropriations ``(a)(1) Notwithstanding section 1341, if any appropriation bill for a fiscal year does not become law prior to the beginning of such fiscal year, an officer or employee of the United States Government or of the District of Columbia may make reasonable expenditures or obligations as may be necessary to avoid losses in revenue, except revenue obtained from user fees. ``(2) Reasonable expenditures or obligations shall mean a rate not in excess of the lower of-- ``(A) the rate provided for such an expenditure or obligation in the corresponding appropriation Act for the preceding fiscal year; or ``(B) the rate provided for in the House or Senate passed appropriation bill for the fiscal year in question. ``(3) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section shall be available for the period beginning with the first day of such fiscal year and ending with the earlier of-- ``(A) the date on which the applicable appropriation bill for such fiscal year becomes law (whether or not such law provides for such project or activity), and ``(B) the last day of such fiscal year. ``(b) An appropriation or funds made available, or authority granted, pursuant to this section for any fiscal year shall be subject to the terms and conditions imposed with respect to the appropriation made, funds made available, or authority granted for such operations for the preceding fiscal year. ``(c) Expenditures made for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever the regular applicable appropriation bill for such fiscal year becomes law. ``(d) This section shall not apply to operations during a fiscal year if any other provision of law (other than an authorization of appropriations)-- ``(1) makes an appropriation, makes funds available, or grants authority for such project or activity to continue for such period, or ``(2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such project or activity to continue for such period.''. (B) Conforming Amendment.--The analysis of chapter 13 of title 31, United States Code, is amended by inserting after the item relating to section 1310 the following new item: ``1311. Authority to make certain expenditures and obligations during lapses in appropriations.''. SEC. 3. OMB PLAN IN CASE OF FUNDING LAPSE. Within 180 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall, by rule, develop a plan setting forth policies and procedures to shutdown all or any part of the Government in an orderly manner during a period of lapsed appropriations. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to fiscal years beginning after September 30, 1995.

Amends Federal civil service law to provide for the continuance of civilian pay at current levels during periods of lapsed appropriations. Provides for an automatic continuing appropriation for the U.S. Government whenever a regular appropriation bill for a fiscal year does not become law prior to the beginning of such fiscal year. Provides that such funds shall be appropriated at a rate not in excess of the lower of the rate provided for such expenditure or obligation in the corresponding appropriation Act for the preceding fiscal year or the rate provided for in the House or Senate appropriation bill for the present fiscal year. Sets forth the terms and conditions relating to such continuing appropriations. Excludes certain operations from the provisions of this Act if during the fiscal year any other provision of law: (1) makes an appropriation, makes funds available, or grants continuation authority for such project or activity for such period; or (2) specifically prohibits funding or authority for such project or activity for such period. Requires the Director of the Office of Management and Budget to develop a plan for the orderly shutdown of all or any part of the Government during a period of lapsed appropriations.

{"src": "billsum_train", "title": "To amend titles 5, 31, and 37 of the United States Code to provide for the continuance of pay and the authority to make certain expenditures and obligations during lapses in appropriations."}

That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for homeland security programs within the Departments of Energy, Health and Human Services, and Homeland Security for the fiscal year ending September 30, 2005, and for other purposes, namely: TITLE I--DEPARTMENT OF ENERGY Atomic Energy Defense Activities National Nuclear Security Administration defense nuclear nonproliferation For Department of Energy expenses, including the purchase, construction, acquisition of plant and capital equipment and other incidental expenses necessary for atomic energy defense, defense nuclear nonproliferation activities, in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $1,400,000,000, to remain available until expended. TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary public health and social services emergency fund For expenses necessary to support activities related to countering potential biological, disease, nuclear, radiological and chemical threats to civilian populations, $1,899,711,000: Provided, That this amount is distributed as follows: Centers for Disease Control and Prevention, $1,245,223,000; Office of the Secretary, $64,438,000; National Institutes of Health, $47,400; and Health Resources and Services Administration, $542,650,000: Provided further, That employees of the Centers for Disease Control and Prevention or the Public Health Service, both civilian and Commissioned Officers, detailed to States, municipalities, or other organizations under authority of section 214 of the Public Health Service Act for purposes related to homeland security, shall be treated as non-Federal employees for reporting purposes only and shall not be included within any personnel ceiling applicable to the Agency, Service, or the Department of Health and Human Services during the period of detail or assignment. In addition, $400,00,000, to remain available until expended, for the Strategic National Stockpile. In addition, for activities to ensure a year-round influenza vaccine production capacity and the development and implementation of rapidly expandable influenza vaccine production technologies, $100,000,000, to remain available until expended. TITLE III--DEPARTMENT OF HOMELAND SECURITY Border and Transportation Security Customs and Border Protection salaries and expenses For necessary expenses for enforcement of laws relating to border security, immigration, customs, and agricultural inspections and regulatory activities related to plant and animal imports; acquisition, lease, maintenance and operation of aircraft; purchase and lease of up to 4,500 (3,935 for replacement only) police-type vehicles; and contracting with individuals for personal services abroad; $5,080,000,000; of which $3,000,000 shall be derived from the Harbor Maintenance Trust Fund for administrative expenses related to the collection of the Harbor Maintenance Fee pursuant to Public Law 103-182 and notwithstanding section 1511(e)(1) of Public Law 107-296; of which not to exceed $40,000 shall be for official reception and representation expenses; of which not to exceed $400,000,000 shall remain available until September 30, 2006, for inspection and surveillance technology, unmanned aerial vehicles, and equipment for the Container Security Initiative; of which such sums as become available in the Customs User Fee Account, except sums subject to section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account; of which not to exceed $150,000 shall be available for payment for rental space in connection with preclearance operations; of which not to exceed $1,000,000 shall be for awards of compensation to informants, to be accounted for solely under the certificate of the Under Secretary for Border and Transportation Security; and of which not to exceed $5,000,000 shall be available for payments or advances arising out of contractual or reimbursable agreements with State and local law enforcement agencies while engaged in cooperative activities related to immigration: Provided, That notwithstanding any other provision of law, none of the funds appropriated shall be available to compensate any employee for overtime in an annual amount in excess of $35,000 and the fiscal year aggregate overtime limitation prescribed in subsection 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 261 and 267) shall be $35,000, except that the Commissioner of Customs and Border Protection, or his designee, may exceed that amount, for any employee, as necessary for national security purposes or to meet emergency requirements of Customs and Border Protection. Immigration and Customs Enforcement federal air marshals For necessary expenses of the Federal air marshals, $700,000,000, to remain available until expended. air and marine interdiction, operations, maintenance, and procurement For necessary expenses for the operations, maintenance, and procurement of marine vessels, aircraft, and other related equipment of the air and marine program, including operational training and mission- related travel, and rental payments for facilities occupied by the air or marine interdiction and demand reduction programs, the operations of which include the following: the interdiction of narcotics and other goods; the provision of support to Federal, State, and local agencies in the enforcement or administration of laws enforced by the Bureau of Immigration and Customs Enforcement; and at the discretion of the Under Secretary for Border and Transportation Security, the provision of assistance to Federal, State, and local agencies in other law enforcement and emergency humanitarian efforts, $305,000,000 to remain available until expended: Provided, That no aircraft or other related equipment, with the exception of aircraft that are one of a kind and have been identified as excess to Bureau of Immigration and Customs Enforcement requirements and aircraft that have been damaged beyond repair, shall be transferred to any other Federal agency, department, or office outside of the Department of Homeland Security during fiscal year 2005 without the prior approval of the Committees on Appropriations of the Senate and the House of Representatives. Transportation Security Administration aviation security For necessary expenses of the Transportation Security Administration related to providing civil aviation security services pursuant to the Aviation and Transportation Security Act (Public Law 107-71; 115 Stat. 597), $4,540,000,000, to remain available until expended, of which not to exceed $3,000 shall be for official reception and representation expenses: Provided, That of the total amount provided under this heading, not to exceed $2,008,000,000 shall be for passenger screening activities; not to exceed $1,628,000,000 shall be for baggage screening activities; and not to exceed $904,000,000 shall be for airport security direction and enforcement presence: Provided further, That security service fees authorized under section 44940 of title 49, United States Code, shall be credited to this appropriation as offsetting collections: Provided further, That the sum herein appropriated from the General Fund shall be reduced on a dollar-for- dollar basis as such offsetting collections are received during fiscal year 2005, so as to result in a final fiscal year appropriation from the General Fund estimated at not more than $2,717,000,000: Provided further, That any security service fees collected pursuant to section 118 of Public Law 107-71 in excess of the amount appropriated under this heading shall be treated as offsetting collections in fiscal year 2005: Provided further, That none of the funds herein appropriated may be used to approve, renew, or implement any aviation cargo security plan that permits the transporting of unscreened or uninspected cargo on passenger planes. maritime and land security For necessary expenses of the Transportation Security Administration related to maritime and land transportation security grants and services pursuant to the Aviation and Transportation Security Act (49 U.S.C. 40101 note), $650,000,000, to remain available until September 30, 2006. Office for Domestic Preparedness state and local programs For grants, contracts, cooperative agreements, and other activities, including grants to State and local governments for terrorism prevention activities, notwithstanding any other provision of law, $3,875,000,000, which shall be allocated as follows: (1) $1,700,000,000 for formula-based grants and $1,000,000,000 for law enforcement terrorism prevention grants pursuant to section 1014 of the USA PATRIOT Act of 2001 (42 U.S.C. 3714); and (2) $800,000,000 for discretionary grants for use in high- threat, high-density urban areas, as determined by the Secretary of Homeland Security: Provided, That section 1014(c)(3) of the USA PATRIOT Act of 2001 (42 U.S.C. 3714(c)(3)) shall not apply to these grants: Provided further, That funds appropriated for law enforcement terrorism prevention grants under paragraph (1) and discretionary grants under paragraph (2) of this heading shall be available for operational costs, to include personnel overtime and overtime associated with Office for Domestic Preparedness certified training, as needed. firefighter assistance grants For necessary expenses for programs authorized by section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229), $800,000,000, to remain available until September 30, 2005: Provided, That not to exceed 5 percent of this amount shall be available for program administration. Emergency Preparedness and Response public health programs For necessary expenses for countering potential biological, disease, and chemical threats to civilian populations, $94,000,000, to remain available until expended. emergency management performance grants For necessary expenses for emergency management performance grants, as authorized by the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards Reductions Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), $180,000,000: Provided, That total administrative costs shall not exceed 3 percent of the total appropriation.

Makes appropriations for homeland security programs within the Departments of Energy (DOE), Health and Human Services (HHS), and Homeland Security (DHS) for FY 2005, including to: (1) DOE for atomic energy defense and defense nuclear nonproliferation activities; (2) HHS for the Public Health and Social Services Emergency Fund, the Strategic National Stockpile, and for activities to ensure a year-round influenza vaccine production capacity and the development and implementation of rapidly expandable influenza vaccine production technologies; and (3) DHS for border and transportation security and customs and border protection, Federal air marshals, air and marine interdiction operations and procurement, the Transportation Security Administration (for civil aviation security and maritime and land transportation security), the Office for Domestic Preparedness (including for State and local government grants for terrorism prevention activities and for firefighter assistance grants), countering potential biological, disease, and chemical threats to civilian populations, and emergency management performance grants.

{"src": "billsum_train", "title": "Making appropriations for homeland security programs within the Departments of Energy, Health and Human Services, and Homeland Security for the fiscal year ending September 30, 2005, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Contract Equity Act of 2000''. SEC. 2. PROCEDURES FOR BUNDLING CONTRACTS. (a) Procedures for Bundling of Contracts.--Notwithstanding any other law, the following procedures shall apply to a solicitation that is issued by an executive department or agency for the procurement of goods or services and that the head of the department or agency determines would result in the displacement of small-business concerns: (1) Submission of draft solicitation.--The head of the department or agency shall forward, at least 20 days prior to the publication of any solicitation for goods or services in Commerce Business Daily (or its electronic successor), a draft of such solicitation to the Administrator of the Small Business Administration, for determination by the Administrator whether the draft solicitation would result in a bundled contract. (2) Determination.--Not later than 10 days after the date of receipt of the draft solicitation, the Administrator shall make the determination described in paragraph (1) and submit such determination to the head of the department or agency. If the Administrator concludes that the draft solicitation would result in a bundled contract, the head of the department or agency may not publish the solicitation until the department or agency head undertakes market research for the proposed solicitation as described in section 15(e) of the Small Business Act (15 U.S.C. 644(e)) and the regulations promulgated thereunder on December 27, 1999. (3) Study.--Not later than 45 days after the date that the Administrator has made the determination under paragraph (2), the head of the department or agency shall submit to the Administrator a study to support the proposed bundled contract which demonstrates measurable savings as set forth in the regulations implementing the Small Business Reauthorization Act of 1997 (Public Law 105-135; 111 Stat. 2592) (including the amendments made by that Act), and that the quality of the goods or services to be procured under the draft solicitation are equal in quality to the goods or services currently obtained by the head of the department or agency. (4) Review of study.--Not later than 10 days after the submission of the study, the Administrator shall determine whether the study meets the standards set forth in the Small Business Reauthorization Act of 1997 (including the amendments made by that Act) and the regulations promulgated thereunder on December 27, 1999. The Administrator shall specify in writing any deficiencies in the study and proposed changes to the draft solicitation (including, but not limited to, the reduction in size or scope of the draft solicitation) so as to comply with the requirements in such Act and regulations. If the head of the agency does not concur in a determination of the Administrator under this paragraph, the head of the agency may appeal the determination to the Director of the Office of Management and Budget, who shall either grant or deny the appeal within 5 days. Any determination by the Director shall be final. The Director may delegate his duties set forth in this paragraph to a subordinate official within the Office of Management and Budget appointed by the President with the advice and consent of the Senate. (5) Publication of solicitation.--If the Administrator determines that the study meets the standards set forth in the Small Business Reauthorization Act of 1997 and the regulations promulgated thereunder, and that the goals described in section 15(g)(2) of the Small Business Act (15 U.S.C. 644(g)(2)) for the fiscal year prior to the fiscal year in which the draft solicitation was forwarded to the Administrator under paragraph (1) have been met, the head of the department or agency may publish the solicitation in Commerce Business Daily (or its electronic successor). (6) Revision of solicitation.--If the Administrator determines that the study does not meet such standards, the head of the department or agency shall revise the solicitation and perform a new study pursuant to the procedures set forth in paragraphs (1) through (3). (b) Waiver.-- (1) In general.--The requirements of subsection (a) may be waived by the Administrator if the Administrator determines that an unusual or unexpected exigency justifies a waiver. (2) Appeal.--The head of an agency may appeal any waiver request to the Director of the Office of Management and Budget, who shall either grant or deny the appeal within 5 days. Any determination by the Director shall be final. The Director may delegate the duties set forth in this paragraph to a subordinate official within the Office of Management and Budget appointed by the President with the advice and consent of the Senate. (c) Definitions.--In this section, the term-- (1) ``bundled contract'' means any contract, irrespective of benefit or dollar value, that displaces two or more small- business concerns; and (2) ``small-business concern'' has the meaning given that term in section 3(a) of the Small Business Act (15 U.S.C. 632(a)). (d) Regulations.--The Administrator shall promulgate regulations to implement this section according to the following procedures: (1) Not later than 30 days after the date of enactment of this Act, the Administrator shall publish, for notice and comment, proposed rules to implement this section. (2) The Administrator shall receive comments on the proposed rules for 45 days. At the close of the comment period, the Administrator shall consult with the department or agency head on the promulgation of final rules. (3) If no final rule has been published within 120 days after the effective date of this Act, the regulations published in proposed form pursuant to paragraph (1) shall become final. SEC. 3. PROHIBITION ON BUNDLING OF CONTRACT REQUIREMENTS BY AGENCIES THAT FAIL TO MEET CERTAIN SMALL BUSINESS PROCUREMENT PARTICIPATION GOALS. (a) Prohibition on Bundling of Contract Requirements.-- (1) In General.--Section 15(e) of the Small Business Act (15 U.S.C. 644(e)) is amended by adding at the end the following: ``(5) Restriction on bundling of contract requirements.--If a report submitted under subsection (h)(2) includes a finding that an agency failed, in any fiscal year covered by the report, to attain any goal described in subsection (g)(2), the agency may not award a contract that is determined by the Administrator to be a bundled contract under section 2 or solicit offers for a bundled contract for the duration of the fiscal year beginning on the first October 1 after the submission of the report.''. (2) Applicability.--The amendment made by paragraph (1) shall apply only to-- (A) solicitations of offers to contract issued on or after October 1, 2000; and (B) contracts awarded pursuant to such solicitations. (b) Deadlines Relating to Determination of Goal Attainment.-- Section 15(h) of the Small Business Act (15 U.S.C. 644(h)) is amended-- (1) in paragraph (2) in the first sentence, by inserting ``by not later than December 31 of each year'' before the period at the end; and (2) by adding at the end the following: ``(4) By not later than September 15 of each year, the Administrator of General Services shall transmit to the Administration a preliminary report, for the period beginning on October 1 and ending on August 31 of the previous year, containing data and information, obtained from the Federal Procurement Data System, demonstrating the extent to which each agency met each goal set forth in subsection (g)(2). Not later than October 15 of each year, the Administrator of General Services shall transmit to the Administration a final report containing such data for the previous year.''.

Amends the Small Business Act to prohibit agencies that fail to attain small business procurement participation goals from awarding or soliciting offers for bundled contracts.

{"src": "billsum_train", "title": "Small Business Contract Equity Act of 2000"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Santa Ana River Water Supply Enhancement Act of 2009''. SEC. 2. PRADO BASIN NATURAL TREATMENT SYSTEM PROJECT. (a) In General.--The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is amended by adding at the end the following: ``SEC. 16__. PRADO BASIN NATURAL TREATMENT SYSTEM PROJECT. ``(a) In General.--The Secretary, in cooperation with the Orange County Water District, shall participate in the planning, design, and construction of natural treatment systems and wetlands for the flows of the Santa Ana River, California, and its tributaries into the Prado Basin. ``(b) Cost Sharing.--The Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--Funds provided by the Secretary shall not be used for the operation and maintenance of the project described in subsection (a). ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000. ``(e) Sunset of Authority.--This section shall have no effect after the date that is 10 years after the date of the enactment of this section.''. (b) Conforming Amendment.--The table of sections in section 2 of Public Law 102-575 is further amended by inserting after the last item the following: ``16__. Prado Basin Natural Treatment System Project.''. SEC. 3. REGIONAL BRINE LINES. (a) In General.--The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is further amended by adding at the end the following: ``SEC. 16__. REGIONAL BRINE LINES. ``(a) Southern California.--The Secretary, under Federal reclamation laws and in cooperation with units of local government, may assist agencies in projects to construct regional brine lines to export the salinity imported from the Colorado River to the Pacific Ocean as identified in-- ``(1) the Salinity Management Study prepared by the Bureau of Reclamation and the Metropolitan Water District of Southern California; and ``(2) the Southern California Comprehensive Water Reclamation and Reuse Study prepared by the Bureau of Reclamation. ``(b) Agreements and Regulations.--The Secretary may enter into such agreements and promulgate such regulations as are necessary to carry out this section. ``(c) Cost Sharing.--The Federal share of the cost of a project to construct regional brine lines described in subsection (a) shall not exceed-- ``(1) 25 percent of the total cost of the project; or ``(2) $40,000,000. ``(d) Limitation.--Funds provided by the Secretary shall not be used for operation or maintenance of any project described in subsection (a). ``(e) Sunset of Authority.--This section shall have no effect after the date that is 10 years after the date of the enactment of this section.''. (b) Conforming Amendment.--The table of sections in section 2 of Public Law 102-575 is further amended by inserting after the last item the following: ``16__. Regional brine lines.''. SEC. 4. LOWER CHINO DAIRY AREA DESALINATION DEMONSTRATION AND RECLAMATION PROJECT. (a) In General.--The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is further amended by adding at the end the following: ``SEC. 16__. LOWER CHINO DAIRY AREA DESALINATION DEMONSTRATION AND RECLAMATION PROJECT. ``(a) In General.--The Secretary, in cooperation with the Chino Basin Watermaster, the Inland Empire Utilities Agency, and the Santa Ana Watershed Project Authority and acting under the Federal reclamation laws, shall participate in the design, planning, and construction of the Lower Chino Dairy Area desalination demonstration and reclamation project. ``(b) Cost Sharing.--The Federal share of the cost of the project described in subsection (a) shall not exceed-- ``(1) 25 percent of the total cost of the project; or ``(2) $50,000,000. ``(c) Limitation.--Funds provided by the Secretary shall not be used for operation or maintenance of the project described in subsection (a). ``(d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. ``(e) Sunset of Authority.--This section shall have no effect after the date that is 10 years after the date of the enactment of this section.''. (b) Conforming Amendment.--The table of sections in section 2 of Public Law 102-575 is further amended by inserting after the last item the following: ``16__. Lower Chino dairy area desalination demonstration and reclamation project.''.

Santa Ana River Water Supply Enhancement Act of 2009 - Amends the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior, in cooperation with: (1) the Orange County Water District (the District), to participate in the design, planning, and construction of natural treatment systems and wetlands for the flows of the Santa Ana River, California, and its tributaries into the Prado Basin; (2) local governments, to assist agencies in projects to construct regional brine lines to export the salinity imported from the Colorado River to the Pacific Ocean; and (3) the Chino Basin Watermaster, the Inland Empire Utilities Agency, and the Santa Ana Watershed Project Authority, to participate in the design, planning, and construction of the Lower Chino Dairy Area desalination demonstration and reclamation project. Limits the federal share of total project costs. Prohibits using funds provided by the Secretary for operation and maintenance of the projects. Terminates the Secretary's authority to carry out this Act after 10 years.

{"src": "billsum_train", "title": "To amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Prado Basin Natural Treatment System Project, to authorize the Secretary to carry out a program to assist agencies in projects to construct regional brine lines in California, to authorize the Secretary to participate in the Lower Chino Dairy Area desalination demonstration and reclamation project, and for other purposes."}

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Good People, Good Government Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--CHIEF HUMAN CAPITAL OFFICERS Sec. 101. Chief human capital officers. Sec. 102. Chief human capital officers council. Sec. 103. Report on human capital metrics for the Federal Government. Sec. 104. Effective date. TITLE II--REFORMS RELATING TO FEDERAL EMPLOYEE CAREER DEVELOPMENT AND BENEFITS Sec. 201. Agency training. Sec. 202. Agency recruiting. Sec. 203. Increase in Government contribution for Federal employee health insurance. TITLE III--ALTERNATIVE RANKING AND SELECTION PROCEDURES FOR COMPETITIVE SERVICE Sec. 301. Alternative ranking and selection procedures for applicants for positions in competitive service. TITLE I--CHIEF HUMAN CAPITAL OFFICERS SEC. 101. CHIEF HUMAN CAPITAL OFFICERS. (a) In General.--Part II of title 5, United States Code, is amended by inserting after chapter 13 the following: ``CHAPTER 14--CHIEF HUMAN CAPITAL OFFICERS ``Sec. ``1401. Establishment of Chief Human Capital Officers. ``1402. Authority and functions of Chief Human Capital Officers. ``Sec. 1401. Establishment of Chief Human Capital Officers ``The head of each Executive agency shall appoint or designate a Chief Human Capital Officer, who shall advise and assist the head of the agency and other agency officials in carrying out the agency's responsibilities with respect to-- ``(1) selecting, developing, and managing a high-quality, productive workforce in accordance with merit system principles; and ``(2) implementing the rules and regulations of the President and the Office of Personnel Management and the laws governing the civil service within the agency. ``Sec. 1402. Authority and functions of Chief Human Capital Officers ``(a) The functions of each Chief Human Capital Officer shall include-- ``(1) setting the workforce development strategy of the agency; ``(2) assessing workforce characteristics and future needs based on the agency's mission; ``(3) reviewing agency training and other human resources policies and programs to assess their effectiveness in promoting the achievement of the agency's mission and goals; ``(4) developing and advocating a culture of continuous learning to attract and retain employees with superior abilities; ``(5) identifying best practices and benchmarking studies; and ``(6) applying methods for measuring intellectual capital and identifying links of that capital to organizational performance and growth. ``(b)(1) In order to carry out this chapter, each Chief Human Capital Officer-- ``(A) shall have access to all records, reports, audits, reviews, documents, papers, recommendations, or other material that-- ``(i) are in the possession or under the control of the agency; ``(ii) relate to programs or operations with respect to which that Chief Human Capital Officer has any duties or responsibilities under this chapter; ``(B) may request such information or assistance, from any Federal, State, or local governmental entity, as the Chief Human Capital Officer considers necessary; and ``(C) may, to the extent and in such amounts as may be provided in advance by appropriations Acts, enter into contracts and other arrangements for studies, analyses, and other services with public agencies and with private persons, and make such payments as may be necessary. ``(2)(A) Upon request of a Chief Human Capital Officer for information or assistance under paragraph (1)(B), the head of any Federal entity involved shall, insofar as is practicable and not in contravention of any existing statutory restriction or regulation of the Federal entity from which the information is requested, furnish to such Chief Human Capital Officer, or to an authorized designee, such information or assistance. ``(B) Whenever information or assistance requested under paragraph (1)(A) or (1)(B) is, in the judgment of a Chief Human Capital Officer, unreasonably refused or not provided, the Chief Human Capital Officer shall report the circumstances to the head of the establishment involved without delay.''. (b) Clerical Amendment.--The table of chapters for part II of title 5, United States Code, is amended by inserting after the item relating to chapter 13 the following: ``14. Chief Human Capital Officers.......................... 1401''. SEC. 102. CHIEF HUMAN CAPITAL OFFICERS COUNCIL. (a) Establishment.--There is established a Chief Human Capital Officers Council, consisting of-- (1) the Director of the Office of Personnel Management, who shall serve as chairperson of the Council; (2) the Deputy Director of the Office of Management and Budget; and (3) the Chief Human Capital Officers of Executive departments (as defined by section 101 of title 5, United States Code) and any other members who are designated by the Director of the Office of Personnel Management. (b) Functions.--The Chief Human Capital Officers Council shall meet periodically to advise and coordinate the activities of the agencies of its members on such matters as modernization of human resources systems, improved quality of human resources information, and legislation affecting human resources operations and organizations. SEC. 103. REPORT ON HUMAN CAPITAL METRICS FOR THE FEDERAL GOVERNMENT. (a) In General.--The General Accounting Office shall conduct a study and prepare a report on the feasibility and desirability of developing human capital metrics for use by the Federal Government. (b) Contents.--The report under subsection (a) shall examine the feasibility and desirability of developing a proposed set of metrics that-- (1) may be applied to the Federal Government human capital process; (2) provides for the basic quantitative analysis and measurement for human capital that are necessary for reform efforts; (3) provides for standardized measurements of-- (A) the efficiency of the human capital process of a Federal agency; and (B) the success of a Federal agency in achieving human capital objectives; (4) provides for an accurate comparison among agencies to encourage management focus on human capital issues; and (5) may be used as the basis for regular reports prepared by Chief Human Capital Officers. (c) Submission of Report.--Not later than 1 year after the date of enactment of this Act, the General Accounting Office shall submit the report prepared under this section to-- (1) the Committee on Governmental Affairs of the Senate; and (2) the Committee on Government Reform of the House of Representatives. SEC. 104. EFFECTIVE DATE. (a) In General.--Except as provided under subsection (b), this title shall take effect 180 days after the date of enactment of this Act. (b) Report.--Section 103 shall take effect on the date of enactment of this Act. TITLE II--REFORMS RELATING TO FEDERAL EMPLOYEE CAREER DEVELOPMENT AND BENEFITS SEC. 201. AGENCY TRAINING. (a) Training To Accomplish Performance Plans and Strategic Goals.-- Section 4103 of title 5, United States Code, is amended by adding at the end the following: ``(c) The head of each agency shall-- ``(1) evaluate each program and plan established, operated, or maintained under subsection (a) with respect to accomplishing specific agency goals and objectives; and ``(2) modify such program or plan to accomplish such goals and objectives.''. (b) Agency Training Officers.--Section 4103 of title 5, United States Code, is further amended by adding after subsection (c) (as added by subsection (a)) the following: ``(d) The head of each agency shall appoint or designate a training officer, who shall advise and assist the head of the agency in carrying out the duties and responsibilities of that agency head under this chapter.''. (c) Records Maintenance; Specific Training Programs.-- (1) In general.--Chapter 41 of title 5, United States Code, is amended by inserting after section 4112 the following: ``Sec. 4113. Specific training programs ``In consultation with the Office of Personnel Management, the head of each agency shall establish-- ``(1) a comprehensive program to provide training to employees to develop managers for the agency; and ``(2) a program to provide training to managers on actions, options, and strategies a manager may use relating to employees with unacceptable performance. ``Sec. 4114. Records maintenance ``Each agency shall maintain detailed records of all activities relating to training of employees of such agency.''. (2) Technical and conforming amendment.--The table of sections for chapter 41 of title 5, United States Code, is amended by inserting after the item relating to section 4112 the following: ``4113. Specific training programs. ``4114. Records maintenance.''. (d) Academic Degree Training.-- (1) In general.--Subsection (b) of section 4107 of title 5, United States Code, is amended to read as follows: ``(b)(1) The regulations prescribed under section 4118 shall include provisions under which the head of an agency may provide training, or payment or reimbursement for the costs of any training, not otherwise allowable under subsection (a), if such training-- ``(A) contributes significantly to-- ``(i) meeting an identified agency training need; ``(ii) resolving an identified agency staffing problem; or ``(iii) accomplishing goals in the agency's strategic plan (developed under section 306); ``(B) is part of a planned, systematic, and coordinated agency employee development program linked to accomplishing the goals referred to in subparagraph (A)(iii); and ``(C) is administered or conducted by a college or university, or other comparable educational institution, recognized under standards implemented by a national or regional accrediting body, except in a case in which such standards do not exist or the use of such standards would not be appropriate. ``(2) In exercising any authority under this subsection, an agency shall, consistent with the merit system principles set forth in paragraphs (2) and (7) of section 2301(b), take into consideration the need to-- ``(A) maintain a balanced workforce in which women, members of racial and ethnic minority groups, and persons with disabilities are appropriately represented in Government service; and ``(B) provide employees effective education and training to improve organizational and individual performance. ``(3) No authority under this subsection may be exercised on behalf of any employee occupying or seeking to qualify for appointment to-- ``(A) a position in the Senior Executive Service as a noncareer appointee (as defined by section 3132(a)(7)); or ``(B) a position which is excepted from the competitive service because of its confidential policy-determining, policy- making, or policy-advocating character.''. (2) Technical and conforming amendments.--Section 4107 of such title 5, as amended by paragraph (1), is further amended-- (A) in subsection (a), by striking ``subsections (b) and (c) of this section,'' and inserting ``subsection (b),''; and (B) by striking subsection (c). (e) Agency Training as Separate Statement in Accountability Reports.--Section 902(a)(6) of title 31, United States Code, is amended-- (1) in subparagraph (D), by striking ``and'' after the semicolon; (2) by redesignating subparagraph (E) as subparagraph (F); and (3) by inserting after subparagraph (D) the following: ``(E) expenditures on agency training; and''. SEC. 202. AGENCY RECRUITING. (a) In General.--Subpart B of part III of title 5, United States Code, is amended by inserting before chapter 31 the following: ``CHAPTER 30--RECRUITMENT AUTHORITY ``Sec. ``3001. Definition. ``3002. Appointment of recruitment officers. ``3003. Records maintenance. ``Sec. 3001. Definition ``For the purpose of this chapter, the term `agency' means an Executive agency. ``Sec. 3002. Appointment of recruitment officers ``The head of each agency shall appoint or designate a recruitment officer, who shall advise and assist the head of the agency in carrying out such functions as the agency head may specify relating to the recruitment of qualified candidates for positions within that agency. ``Sec. 3003. Records maintenance ``Each agency shall maintain detailed records of all recruitment activities of that agency.''. (b) Agency Recruiting as Separate Statement in Accountability Reports.--Section 902(a)(6) of title 31, United States Code (as amended by section 201(e)), is further amended-- (1) in subparagraph (E), by striking ``and'' after the semicolon; (2) by redesignating subparagraph (F) as subparagraph (G); and (3) by inserting after subparagraph (E) the following: ``(F) expenditures on agency recruiting; and''. (c) Clerical Amendments.-- (1) The analysis for part III of title 5, United States Code, is amended by inserting before the item relating to chapter 31 the following: ``30. Recruitment Authority................................. 3001''. (2)(A) The heading for subpart B of part III of title 5, United States Code, is amended to read as follows: ``Subpart B--Recruitment, Employment, and Retention''. (B) The analysis for part III of title 5, United States Code, is amended by striking the item relating to subpart B and inserting the following: ``Subpart B--Recruitment, Employment, and Retention''. SEC. 203. INCREASE IN GOVERNMENT CONTRIBUTION FOR FEDERAL EMPLOYEE HEALTH INSURANCE. (a) Increase in the Maximum Contribution Payable by the Government (Expressed as a Percentage of Governmentwide Weighted Averages).-- Section 8906(b)(1) of title 5, United States Code, is amended by striking ``72'' and inserting ``76''. (b) Increase in the Maximum Percentage of an Enrollee's Actual Subscription Charges Payable by the Government.--Section 8906(b)(2) of title 5, United States Code, is amended by striking ``75'' and inserting ``79''. (c) Effective Date.--This section shall take effect on the first day of the first contract year beginning after the date of the enactment of this Act. TITLE III--ALTERNATIVE RANKING AND SELECTION PROCEDURES FOR COMPETITIVE SERVICE SEC. 301. ALTERNATIVE RANKING AND SELECTION PROCEDURES FOR APPLICANTS FOR POSITIONS IN COMPETITIVE SERVICE. (a) In General.--Chapter 33 of title 5, United States Code, is amended by inserting after section 3318 the following new section: ``Sec. 3319. Alternative ranking and selection procedures ``(a) Notwithstanding section 2302(b)(11) or any other provision of this chapter-- ``(1) the Office, in exercising its authority under section 3304; or ``(2) an agency to which the Office has delegated examining authority under section 1104(a)(2), may establish category rating systems for evaluating applicants for positions in the competitive service, under which qualified candidates are divided into 2 or more quality categories, consistent with regulations prescribed by the Office of Personnel Management, rather than assigned individual numerical ratings. ``(b) Within each quality category established under subsection (a), preference-eligibles shall be listed ahead of individuals who are not preference eligibles. For other than scientific and professional positions at GS-9 of the General Schedule (equivalent or higher), qualified preference-eligibles who have a compensable service-connected disability of 10 percent or more shall be listed in the highest quality category. ``(c)(1) An appointing official must 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) Notwithstanding paragraph (1), the 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) or 3318(b), as applicable, are satisfied. ``(d) The Office of Personnel Management may prescribe such regulations as it considers necessary to carry out the provisions of this section.'' (b) Technical and Conforming Amendment.--The table of sections for chapter 33 of title 5, United States Code, is amended by inserting after the item relating to section 3318 the following: ``3319. Alternative ranking and selection procedures.''.

Good People, Good Government Act - Requires each executive agency to appoint or designate a Chief Human Capital Officer who shall assist in carrying out responsibilities with respect to: (1) selecting, developing, and managing a high-quality, productive workforce in accordance with merit system principles; and (2) implementing the rules and regulations and the laws governing the civil service within the agency.Requires the functions of such Officers to include: (1) setting the workforce development strategy of the agency; (2) assessing current workforce characteristics and future needs; (3) reviewing agency training and other human resources policies and programs; (4) developing and advocating a culture of continuous learning; (5) identifying best practices; and (6) applying methods for measuring intellectual capital.Establishes a Chief Human Capital Officers Council.Requires a study on the feasibility and desirability of developing human capital metrics for use by the Federal Government.Revises agency training programs to require: (1) their evaluation and modification; (2) the appointment or designation of a training officer; (3) establishment of a comprehensive program to provide training to employees to develop managers; and (4) manager training on unacceptable performance issues.Revises academic degree training criteria.Requires agencies to appoint or designate a recruitment officer.Increases the biweekly contribution payable by the Government for a Federal employee or annuitant enrolled in a Federal employee health insurance plan.Establishes alternative ranking and selection procedures for evaluating applicants for competitive service.

{"src": "billsum_train", "title": "To provide for reform relating to Federal employee career development and benefits, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Havens for Children Act of 1997''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Family violence does not necessarily cease when family victims are legally separated by divorce or otherwise not sharing a household. (2) According to a 1996 report by the American Psychological Association, custody and visitation disputes are more frequent when there is a history of domestic violence. (3) Family violence often escalates following separation and divorce, and child custody and visitation arrangements become the new forum for the continuation of abuse. (4) According to a 1996 report by the American Psychological Association, fathers who batter mothers are twice as likely to seek sole custody of their children. In these circumstances, if the abusive father loses custody he is more likely to continue the threats to the mother through other legal actions. (5) Some perpetrators of violence use the children as pawns to control the abused party and to commit more violence during separation or divorce. In one study, 34 percent of women in shelters and callers to hotlines reported threats of kidnapping, 11 percent reported that the batterer had kidnapped the child for some period, and 21 percent reported that threats of kidnapping forced the victim to return to the batterer. (6) Approximately 90 percent of children in homes in which their mothers are abused witness the abuse. Children who witness domestic violence may exhibit more aggressive, antisocial, fearful, and inhibited behaviors. Such children display more anxiety, aggression and temperamental problems. (7) Women and children are at an elevated risk of violence during the process of separation or divorce. (8) Fifty to 70 percent of men who abuse their spouses or partners also physically abuse their children. (9) Up to 75 percent of all domestic assaults reported to law enforcement agencies were inflicted after the separation of the couple. (10) In one study of spousal homicide, over \1/2\ of the male defendants were separated from their victims. (11) Seventy-three percent of battered women seeking emergency medical services do so after separation. (12) The National Council of Juvenile and Family Court Judges includes the option of visitation centers in their Model Code on Domestic and Family Violence. (b) Purposes.--The purposes of section 2 are-- (1) to protect children from the trauma of witnessing or experiencing violence, sexual abuse, neglect, abduction, rape, or death during parent and child visitation and visitation exchanges; (2) to protect victims of domestic violence from experiencing further violence, abuse, and threats during child visitation or visitation exchanges; and (3) to provide an ongoing safe haven for parents and children during visitation or visitation exchanges to promote continuity and stability. SEC. 2. GRANTS TO STATES TO PROVIDE FOR SUPERVISED VISITATION CENTERS. (a) Grants to States.--The Attorney General may award grants to States to enable States to enter into contracts and cooperative agreements with public or private nonprofit entities to assist such entities in establishing and operating supervised visitation centers for the purposes of facilitating supervised visitation and visitation exchange. At least 50 percent of all grants awarded under this subsection shall be used by State grantees for contracts and cooperative agreements with nonprofit, nongovernmental entities. (b) Considerations.--In awarding grants under paragraph (1), the Attorney General shall take into account and in awarding contracts and cooperative agreements a State which received such a grant shall take into account-- (1) the number of families to be served by the proposed visitation center to be established under the grant; (2) the extent to which supervised visitation centers serve underserved populations as that term is defined in section 2003(7) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2(7)); (3) the extent to which the applicant demonstrates cooperation and collaboration with nonprofit, nongovernmental entities in the local community served, including the State domestic violence coalition centers and other local shelters and programs for domestic violence victims, including programs providing legal assistance to domestic violence victims; and (4) the extent to which the applicant demonstrates coordination or collaboration with State and local court systems, including mechanisms for communication and referral. (c) Use of Funds.-- (1) In general.--Amounts provided under a grant under subsection (a) or provided by a State grantee under a contract or cooperative agreement shall be used to establish supervised visitation centers and for the purposes described in section 1(b). In using such amounts, grantees and persons awarded a contract or cooperative agreement shall target the economically disadvantaged and those individuals who could not otherwise afford such visitation services. Individuals shall be permitted to use the services provided by the center on a sliding fee basis. (2) Regulations and applicant requirements.--The Attorney General shall award grants to States and States shall enter into contracts and cooperative agreements under such grants in accordance with such regulations as the Attorney General may promulgate. The Attorney General shall give priority in awarding grants and States shall give priority in awarding contracts and cooperative agreements under such grants to States that consider domestic violence in making a custody decision. An applicant awarded a grant from the Attorney General or an applicant awarded a contract or cooperative agreement by a State grantee shall-- (A) demonstrate recognized expertise in the area of family violence and a record of high quality service to victims of domestic violence; (B) demonstrate collaboration with and support of the State domestic violence coalition and local domestic violence shelter or program in the locality in which the supervised visitation center will be operated; and (C) provide long-term supervised visitation and visitation exchange services to promote continuity and stability. (d) Reporting.--Not later than 60 days after the end of each fiscal year, the Attorney General shall report to Congress information concerning-- (1) the number of individuals served and the number of individuals turned away from services categorized by State, the number of individuals from underserved populations served or turned away from such services, and the type of presenting problems that underlie the need for supervised visitation or visitation exchange, such as domestic violence, child abuse emotional or other physical abuse, or a combination of such factors; (2) the numbers of supervised visitations or visitation exchanges ordered during custody determinations under a separation or divorce decree or protection order, through child protection services, or through other social services agencies; (3) the process by which children or abused partners are protected during visitations, temporary custody transfers and other activities for which the supervised visitation centers are created; (4) safety and security problems occurring during the reporting period during supervised visitations or at visitation centers including the number of parental abduction cases; (5) the number of parental abduction cases in a judicial district using supervised visitation services, both as identified in criminal prosecution and custody violations; and (6) any other appropriate information designated in regulations promulgated by the Attorney General. (e) Authorization of Appropriations.-- (1) In general.--For the purpose of awarding grants under this section, there are authorized to be appropriated $75,000,000 for fiscal year 1998, $85,000,000 for fiscal year 1999, and $95,000,000 for fiscal year 2000. (2) Distribution.--Of the amounts appropriated under subparagraph (A) for each fiscal year, not less than 95 percent shall be used to award grants.

Safe Havens for Children Act of 1997 - Authorizes the Attorney General to award grants to States to enable them to enter into contracts and cooperative agreements with public or private nonprofit entities for the establishment and operation of supervised visitation centers. Mandates that: (1) the visitation centers target the economically disadvantaged and individuals who cannot afford visitation services; (2) grant applicants demonstrate expertise in the area of domestic violence; and (3) the Attorney General report annually to the Congress on specified aspects of the visitation centers. Authorizes appropriations.

{"src": "billsum_train", "title": "Safe Havens for Children Act of 1997"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Conquer Childhood Cancer Act of 2006''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Cancer kills more children than any other disease. (2) Each year cancer kills more children between 1 and 20 years of age than asthma, diabetes, cystic fibrosis, and AIDS, combined. (3) Every year, over 12,500 young people are diagnosed with cancer. (4) Each year about 2,300 children and teenagers die from cancer. (5) One in every 330 Americans develops cancer before age 20. (6) Some forms of childhood cancer have proven to be so resistant that even in spite of the great research strides made, most of those children die. Up to 75 percent of the children with cancer can now be cured. (7) The causes of most childhood cancers are not yet known. (8) Childhood cancers are mostly those of the white blood cells (leukemias), brain, bone, the lymphatic system, and tumors of the muscles, kidneys, and nervous system. Each of these behaves differently, but all are characterized by an uncontrolled proliferation of abnormal cells. (9) Eighty percent of the children who are diagnosed with cancer have disease which has already spread to distant sites in the body. (10) Ninety percent of children with a form of pediatric cancer are treated at one of the more than 200 Children's Oncology Group member institutions throughout the United States. SEC. 3. PURPOSES. It is the purpose of this Act to authorize appropriations to-- (1) encourage and expand the support for biomedical research programs of the existing National Cancer Institute- designated multi-center national infrastructure for pediatric cancer research; (2) establish a population-based national childhood cancer database (the Children's Cancer Research Network) to evaluate incidence trends of childhood cancers and to enable the investigations of genetic epidemiology in order to identify causes to aid in development of prevention strategies; (3) provide informational services to patients and families affected by childhood cancer; (4) support the development, construction and operation of a comprehensive online public information system on childhood cancers and services available to families; and (5) establish a fellowship program in pediatric cancer research to foster clinical and translational research career development in pediatric oncologists in the early stages of their career. SEC. 4. PEDIATRIC CANCER RESEARCH AND AWARENESS. Subpart 1 of part C of title IV of the Public Health Service Act (42 U.S.C. 285 et seq.) is amended by adding at the end thereof the following: ``SEC. 417E. PEDIATRIC CANCER RESEARCH AND AWARENESS. ``(a) Pediatric Cancer Research.-- ``(1) Special programs of research excellence in pediatric cancers.--The Director of NIH, acting through the National Cancer Institute, shall establish special programs of research excellence in the area of pediatric cancers. Such programs shall demonstrate a balanced approach to research cause, prognosis, prevention, diagnosis, and treatment of pediatric cancers that foster translation of basic research findings into innovative interventions applied to patients. ``(2) Fellowship of excellence in pediatric cancer research.--The Secretary shall develop a grant mechanism for the establishment, in cooperation with the National Cancer Institute-supported pediatric cancer clinical trial groups, of Research Fellowships in Pediatric Cancer to support adequate numbers of pediatric focused clinical and translational investigators thereby facilitating continuous momentum of research excellence. ``(b) National Childhood Cancer Registry.--The Director of NIH shall award a grant for the operation of a population-based national childhood cancer database, the Childhood Cancer Research Network (CCRN), of the Children's Oncology Group, in cooperation with the National Cancer Institute. ``(c) Public Awareness of Pediatric Cancers and Available Treatments and Research.--The Secretary shall award a grants to recognized childhood cancer professional and advocacy organizations for the expansion and widespread implementation of activities to raise public awareness of currently available information, treatment, and research with the intent to ensure access to best available therapies for pediatric cancers. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $20,000,000 for each of fiscal years 2007 through 2011. Funds appropriated under this section shall remain available until expended.''.

Conquer Childhood Cancer Act of 2006 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH), acting through the National Cancer Institute, to establish special programs of research excellence in the area of pediatric cancers. Requires the Secretary of Health and Human Services to develop a grant mechanism for the establishment of Research Fellowships in Pediatric Cancer to support adequate numbers of pediatric focused clinical and translational investigators. Requires the Director to award a grant for the operation of a population-based national childhood cancer database, the Childhood Cancer Research Network. Requires the Secretary to award grants to recognized childhood cancer professional and advocacy organizations to raise public awareness of currently available information, treatment, and research with intent to ensure access to best available therapies for pediatric cancers.

{"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to advance medical research and treatments into pediatric cancers, ensure patients and families have access to the current treatments and information regarding pediatric cancers, establish a population-based national childhood cancer database, and promote public awareness of pediatric cancers."}

-S-E-C-T-I-O-N -1-. -I-N-A-P-P-L-I-C-A-B-I-L-I-T-Y -O-F -F-O-R-E-I-G-N -S-O-V-E-R-E-I-G-N -I-M-M-U-N-I-T-Y -I-N -C-A-S-E-S -I-N-V-O-L-V-I-N-G -A-C-T-S -O-F -I-N-T-E-R-N-A-T-I-O-N-A-L -T-E-R-R-O-R-I-S-M-. -(-a-) -D-e-f-i-n-i-t-i-o-n-.----S-e-c-t-i-o-n -1-6-0-3 -o-f -t-i-t-l-e -2-8-, -U-n-i-t-e-d -S-t-a-t-e-s -C-o-d-e-, -i-s -a-m-e-n-d-e-d -b-y -a-d-d-i-n-g -a-t -t-h-e -e-n-d -t-h-e -f-o-l-l-o-w-i-n-g-: -`-`-(-f-) -T-h-e -t-e-r-m -`-a-c-t -o-f -i-n-t-e-r-n-a-t-i-o-n-a-l -t-e-r-r-o-r-i-s-m-' -m-e-a-n-s -a-n -a-c-t--- -`-`-(-1-) -w-h-i-c-h -i-s -v-i-o-l-e-n-t -o-r -d-a-n-g-e-r-o-u-s -t-o -h-u-m-a-n -l-i-f-e -a-n-d -t-h-a-t -i-s -a -v-i-o-l-a-t-i-o-n -o-f -t-h-e -c-r-i-m-i-n-a-l -l-a-w-s -o-f -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -o-r -o-f -a-n-y -S-t-a-t-e -o-r -t-h-a-t -w-o-u-l-d -b-e -a -c-r-i-m-i-n-a-l -v-i-o-l-a-t-i-o-n -i-f -c-o-m-m-i-t-t-e-d -w-i-t-h-i-n -t-h-e -j-u-r-i-s-d-i-c-t-i-o-n -o-f -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -o-r -a-n-y -S-t-a-t-e-; -a-n-d -`-`-(-2-) -w-h-i-c-h -a-p-p-e-a-r-s -t-o -b-e -i-n-t-e-n-d-e-d--- -`-`-(-A-) -t-o -i-n-t-i-m-i-d-a-t-e -o-r -c-o-e-r-c-e -a -c-i-v-i-l-i-a-n -p-o-p-u-l-a-t-i-o-n-; -`-`-(-B-) -t-o -i-n-f-l-u-e-n-c-e -t-h-e -p-o-l-i-c-y -o-f -a -g-o-v-e-r-n-m-e-n-t -b-y -i-n-t-i-m-i-d-a-t-i-o-n -o-r -c-o-e-r-c-i-o-n-; -o-r -`-`-(-C-) -t-o -a-f-f-e-c-t -t-h-e -c-o-n-d-u-c-t -o-f -a -g-o-v-e-r-n-m-e-n-t -b-y -a-s-s-a-s-s-i-n-a-t-i-o-n -o-r -k-i-d-n-a-p-p-i-n-g-. -`-`-(-g-) -T-h-e -t-e-r-m -`-p-e-r-m-a-n-e-n-t -r-e-s-i-d-e-n-t -a-l-i-e-n-' -m-e-a-n-s -a-n -a-l-i-e-n -w-h-o -h-a-s -b-e-e-n -l-a-w-f-u-l-l-y -a-d-m-i-t-t-e-d -t-o -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -f-o-r -p-e-r-m-a-n-e-n-t -r-e-s-i-d-e-n-c-e-.-'-'-. -(-b-) -A-d-d-i-t-i-o-n-a-l -E-x-c-e-p-t-i-o-n -t-o -F-o-r-e-i-g-n -S-t-a-t-e -I-m-m-u-n-i-t-y-.----S-e-c-t-i-o-n -1-6-0-5-(-a-) -o-f -t-i-t-l-e -2-8-, -U-n-i-t-e-d -S-t-a-t-e-s -C-o-d-e-, -i-s -a-m-e-n-d-e-d--- -(-1-) -b-y -s-t-r-i-k-i-n-g -`-`-o-r-'-' -a-t -t-h-e -e-n-d -o-f -p-a-r-a-g-r-a-p-h -(-5-)-; -(-2-) -b-y -s-t-r-i-k-i-n-g -t-h-e -p-e-r-i-o-d -a-t -t-h-e -e-n-d -o-f -p-a-r-a-g-r-a-p-h -(-6-) -a-n-d -i-n-s-e-r-t-i-n-g -`-`-; -o-r-'-'-; -a-n-d -(-3-) -b-y -a-d-d-i-n-g -a-t -t-h-e -e-n-d -t-h-e -f-o-l-l-o-w-i-n-g -n-e-w -p-a-r-a-g-r-a-p-h-: -`-`-(-7-) -i-n -w-h-i-c-h -t-h-e -a-c-t-i-o-n -i-s -b-a-s-e-d -u-p-o-n -a-n -a-c-t -o-f -i-n-t-e-r-n-a-t-i-o-n-a-l -t-e-r-r-o-r-i-s-m--- -`-`-(-A-) -w-i-t-h-i-n -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s-, -o-r -`-`-(-B-) -o-u-t-s-i-d-e -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -i-f -m-o-n-e-y -d-a-m-a-g-e-s -a-r-e -s-o-u-g-h-t -a-g-a-i-n-s-t -a -f-o-r-e-i-g-n -s-t-a-t-e -f-o-r -p-e-r-s-o-n-a-l -i-n-j-u-r-y -o-r -d-e-a-t-h -t-o -a -U-n-i-t-e-d -S-t-a-t-e-s -c-i-t-i-z-e-n -o-r -p-e-r-m-a-n-e-n-t -r-e-s-i-d-e-n-t -a-l-i-e-n-, -w-h-i-c-h -a-c-t -o-c-c-u-r-r-e-d -n-o-t -m-o-r-e -t-h-a-n -6 -y-e-a-r-s -p-r-e-v-i-o-u-s-l-y -a-n-d -w-h-i-c-h -w-a-s -c-o-m-m-i-t-t-e-d -o-r -a-i-d-e-d -o-r -a-b-e-t-t-e-d -b-y -a -f-o-r-e-i-g-n -s-t-a-t-e -t-h-a-t -w-a-s -d-e-s-i-g-n-a-t-e-d -b-y -t-h-e -S-e-c-r-e-t-a-r-y -o-f -S-t-a-t-e -a-s -a -s-t-a-t-e -r-e-p-e-a-t-e-d-l-y -p-r-o-v-i-d-i-n-g -s-u-p-p-o-r-t -f-o-r -a-c-t-s -o-f -i-n-t-e-r-n-a-t-i-o-n-a-l -t-e-r-r-o-r-i-s-m -u-n-d-e-r -s-e-c-t-i-o-n -4-0-(-d-) -o-f -t-h-e -A-r-m-s -E-x-p-o-r-t -C-o-n-t-r-o-l -A-c-t-.-'-'-. -(-c-) -P-r-o-p-e-r-t-y -S-u-b-j-e-c-t -t-o -E-x-e-c-u-t-i-o-n -U-p-o-n -a -J-u-d-g-m-e-n-t-.----S-e-c-t-i-o-n -1-6-1-0-(-a-) -o-f -t-i-t-l-e -2-8-, -U-n-i-t-e-d -S-t-a-t-e-s -C-o-d-e-, -i-s -a-m-e-n-d-e-d--- -(-1-) -b-y -s-t-r-i-k-i-n-g -`-`-o-r-'-' -a-t -t-h-e -e-n-d -o-f -p-a-r-a-g-r-a-p-h -(-5-)-; -(-2-) -b-y -s-t-r-i-k-i-n-g -t-h-e -p-e-r-i-o-d -a-t -t-h-e -e-n-d -o-f -p-a-r-a-g-r-a-p-h -(-6-) -a-n-d -i-n-s-e-r-t-i-n-g -`-`-; -o-r-'-'-; -a-n-d -(-3-) -b-y -a-d-d-i-n-g -a-t -t-h-e -e-n-d -t-h-e -f-o-l-l-o-w-i-n-g -n-e-w -p-a-r-a-g-r-a-p-h-: -`-`-(-7-) -t-h-e -e-x-e-c-u-t-i-o-n -r-e-l-a-t-e-s -t-o -a -j-u-d-g-m-e-n-t -e-n-t-e-r-e-d -i-n -a -c-a-s-e -b-a-s-e-d -u-p-o-n -a-n -a-c-t -o-f -i-n-t-e-r-n-a-t-i-o-n-a-l -t-e-r-r-o-r-i-s-m--- -`-`-(-A-) -w-i-t-h-i-n -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s-, -o-r -`-`-(-B-) -o-u-t-s-i-d-e -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -i-f -m-o-n-e-y -d-a-m-a-g-e-s -a-r-e -s-o-u-g-h-t -a-g-a-i-n-s-t -a -f-o-r-e-i-g-n -s-t-a-t-e -f-o-r -p-e-r-s-o-n-a-l -i-n-j-u-r-y -o-r -d-e-a-t-h -t-o -a -U-n-i-t-e-d -S-t-a-t-e-s -c-i-t-i-z-e-n -o-r -p-e-r-m-a-n-e-n-t -r-e-s-i-d-e-n-t -a-l-i-e-n-, -w-h-i-c-h -a-c-t -o-c-c-u-r-r-e-d -n-o-t -m-o-r-e -t-h-a-n -6 -y-e-a-r-s -p-r-e-v-i-o-u-s-l-y -a-n-d -w-h-i-c-h -w-a-s -c-o-m-m-i-t-t-e-d -o-r -a-i-d-e-d -o-r -a-b-e-t-t-e-d -b-y -a -f-o-r-e-i-g-n -s-t-a-t-e -t-h-a-t -w-a-s -d-e-s-i-g-n-a-t-e-d -b-y -t-h-e -S-e-c-r-e-t-a-r-y -o-f -S-t-a-t-e -a-s -a -s-t-a-t-e -r-e-p-e-a-t-e-d-l-y -p-r-o-v-i-d-i-n-g -s-u-p-p-o-r-t -f-o-r -a-c-t-s -o-f -i-n-t-e-r-n-a-t-i-o-n-a-l -t-e-r-r-o-r-i-s-m -u-n-d-e-r -s-e-c-t-i-o-n -4-0-(-d-) -o-f -t-h-e -A-r-m-s -E-x-p-o-r-t -C-o-n-t-r-o-l -A-c-t-.-'-'-. -(-d-) -A-t-t-a-c-h-m-e-n-t -o-f -P-r-o-p-e-r-t-y -P-r-i-o-r -t-o -E-n-t-r-y -o-f -J-u-d-g-m-e-n-t-.----S-e-c-t-i-o-n -1-6-1-0-(-d-) -o-f -t-i-t-l-e -2-8-, -U-n-i-t-e-d -S-t-a-t-e-s -C-o-d-e-, -i-s -a-m-e-n-d-e-d--- -(-1-) -b-y -r-e-d-e-s-i-g-n-a-t-i-n-g -p-a-r-a-g-r-a-p-h -(-1-) -a-s -p-a-r-a-g-r-a-p-h -(-1-)-(-A-)-; -(-2-) -b-y -s-t-r-i-k-i-n-g -`-`-a-n-d-'-' -a-t -t-h-e -e-n-d -o-f -p-a-r-a-g-r-a-p-h -(-1-)-(-A-) -a-n-d -i-n-s-e-r-t-i-n-g -`-`-o-r-'-'-; -a-n-d -(-3-) -b-y -i-n-s-e-r-t-i-n-g -a-f-t-e-r -p-a-r-a-g-r-a-p-h -(-1-)-(-A-) -t-h-e -f-o-l-l-o-w-i-n-g-: -`-`-(-B-) -t-h-e -f-o-r-e-i-g-n -s-t-a-t-e -i-s -n-o-t -i-m-m-u-n-e -f-r-o-m -j-u-r-i-s-d-i-c-t-i-o-n -b-y -v-i-r-t-u-e -o-f -t-h-e -o-p-e-r-a-t-i-o-n -o-f -s-e-c-t-i-o-n -1-6-0-5-(-7-)-; -a-n-d-'-'-. SECTION 1. EXCEPTION TO FOREIGN SOVEREIGN IMMUNITY FOR CERTAIN CASES INVOLVING TORTURE, EXTRAJUDICIAL KILLING, AIRCRAFT SABOTAGE, HOSTAGE TAKING, OR GENOCIDE IN A FOREIGN STATE. Section 1605(a) of title 28, United States Code, is amended-- (1) by striking ``or'' at the end of paragraph (5); (2) by striking the period at the end of paragraph (6) and inserting in lieu thereof ``; or''; and (3) by adding at the end thereof the following new paragraph: ``(7) not otherwise encompassed in paragraph (2), in which money damages are sought against a foreign state for personal injury or death of a United States citizen and caused by the torture or extrajudicial killing of that citizen, or by an act of aircraft sabotage, hostage taking, or genocide committed against that citizen, by such foreign state or by any official, employee, or agent of such foreign state while acting within the scope of his or her office, employment, or agency, except that-- ``(A) an action under this paragraph shall not be maintained unless the individual whose injury or death gave rise to the action was a United States citizen at the time the conduct causing such injury or death occurred; ``(B) the court shall decline to hear a claim under this paragraph if the claimant has not exhausted adequate and available remedies in the place in which the conduct giving rise to the claim occurred and has not afforded the foreign state an opportunity to arbitrate the claim before an international tribunal in accordance with international standards; and ``(C) an action under this paragraph shall not be maintained unless-- ``(i) the action is brought within 10 years after the cause of action accrues; or ``(ii) the cause of action is based on an act of genocide occurring more than 10 years before the date of the enactment of this paragraph and the action is brought within 18 months after such date. For purposes of paragraph (7), the terms `torture' and `extrajudicial killing' have the meanings given those terms in section 3 of the Torture Victim Protection Act of 1991, the term `hostage taking' has the meaning given it in Article 1 of the International Convention Against the Taking of Hostages, the term `aircraft sabotage' has the meaning given it in Article 1 of the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, and the term `act of genocide' means conduct that would be a violation of section 1091 of title 18 if committed in the United States.''. SEC. 2. EXCEPTION TO IMMUNITY FROM ATTACHMENT. (a) Foreign State.--Section 1610(a) of title 28, United States Code, is amended-- (1) by striking the period at the end of paragraph (6) and inserting in lieu thereof ``, or''; and (2) by adding at the end thereof the following new paragraph: ``(7) the judgment relates to a claim for which the foreign state is not immune by virtue of section 1605(a)(7), regardless of whether the property is or was involved in the act upon which the claim is based.''. (b) Agency or Instrumentality.--Section 1610(b)(2) of such title is amended-- (1) by striking ``or (5)'' and inserting in lieu thereof ``(5), or (7)''; and (2) by striking ``used for the activity'' and inserting in lieu thereof ``involved in the act''. SEC. 3. APPLICABILITY. The amendments made by this Act shall apply to any cause of action arising before, on, or after the date of the enactment of this Act.

Amends the Federal judicial code to make an exception to the jurisdictional immunity of a foreign state in any case in which money damages are sought for personal injury or death of a U.S. citizen caused by the torture or extrajudicial killing of that citizen, or by an act of aircraft sabotage, hostage taking, or genocide committed against that citizen by such state or any agent of such state acting within the scope of office, employment, or agency. Specifies that: (1) such an action shall not be maintained unless the individual was a U.S. citizen at the time the conduct causing such injury or death occurred and unless the action is brought within ten years, or where the cause of action is based on an act of genocide occurring more than ten years before this Act's enactment date, within 18 months after such date; and (2) the court shall decline to hear a claim under this Act if the claimant has not exhausted adequate and available remedies in the place in which the conduct giving rise to the claim occurred and has not afforded the foreign state an opportunity to arbitrate the claim before an international tribunal in accordance with international standards. Makes an exception to the immunity of the property of a foreign state used in the United States for commercial activity from attachment or execution if a judgment entered by a court of the United States or of a State relates to a claim for which, by virtue of this Act, the foreign state, agency, or instrumentality is not immune, regardless of whether the property is or was involved in the act upon which the claim is based.

{"src": "billsum_train", "title": "A bill to amend title 28 of the United States Code to permit a foreign state to be subject to the jurisdiction of Federal or State courts in any case involving an act of international terrorism."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congress 2014 Commission Act''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``Congress 2014 Commission'' (hereafter in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF COMMISSION. The Commission shall-- (1) analyze the current size of the membership of the House of Representatives considering the requirement for the institution to carry out its responsibilities in an effective manner under the challenges of the new century; (2) examine alternatives to the current method by which Representatives are elected (including cumulative voting and proportional representation) to determine if such alternatives would make the House of Representatives a more representative body; (3) provide consideration to the continuing dissolution of adherence to the platforms and candidates of the Nation's two major political parties as well as to the reduction in electoral participation by the citizenry; (4) consider whether alternative methods of electing House Members might include more citizens in the electoral process; (5) examine methods of providing greater representation in the House of Representatives for the people of the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, and the United States Virgin Islands; (6) to the extent necessary, formulate proposals for changes in the size of the membership of, and the method of electing Representatives to, the House of Representatives; and (7) not later than the end of the One Hundred Twelfth Congress, submit to the President and the Congress a report of the work of the Commission, together with a draft of legislation (including technical and conforming provisions) to implement the proposals referred to in paragraph (6). SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 17 members as follows: (1) 3 members appointed by the President. (2) 10 members appointed by the House of Representatives, of whom 5 shall be appointed by the Speaker and 5 shall be appointed by the minority leader. (3) 4 members appointed by the Senate, of whom 2 shall be appointed by the majority leader and 2 shall be appointed by the minority leader. (b) Qualifications.--In making appointments under this section, the appointing authorities shall make a special effort to appoint individuals who are particularly qualified to perform the functions of the Commission, by reason of either practical experience or academic expertise in politics or government. (c) Terms and Vacancies.--Each member shall be appointed for the life of the Commission. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (d) Pay and Travel.--Each member of the Commission, other than a full-time officer or employee of the United States-- (1) shall be paid the daily equivalent of the annual rate of basic pay payable for level V of the Executive Schedule for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission; and (2) shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (e) Quorum.--Nine members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (f) Chairman.--The Chairman of the Commission shall be elected by the members. (g) Meetings.--The Commission shall meet at the call of the Chairman or a majority of its members. SEC. 5. STAFF. (a) In General.--With the approval of the Commission, the Chairman may appoint and fix the pay of not more than six individuals for the staff of the Commission. Such individuals 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 that an individual so appointed may not receive pay in excess of the maximum annual rate of basic pay payable for grade GS-15 of the General Schedule under section 5332 of title 5, United States Code. (b) Experts and Consultants.--With the approval of the Commission, the Chairman may procure temporary and intermittent services in the manner prescribed in section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for grade GS-15 of the General Schedule under section 5332 of title 5, United States Code. (c) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 6. POWERS OF COMMISSION. (a) Hearings.--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. (b) Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. (d) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $5,000,000, to remain available until expended. SEC. 8. TERMINATION. The Commission shall cease to exist on the last day of the month in which its report is submitted under section 3.

Congress 2014 Commission Act - Establishes the Congress 2014 Commission to make recommendations on the appropriate size of membership of the House of Representatives and the method by which Members are elected, including: (1) examining methods of providing greater representation in the House for the people of the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, and the U.S.Virgin Islands; and (2) reporting to the President and Congress on its work, together with a draft of legislation (including technical and conforming provisions) to implement its proposals.

{"src": "billsum_train", "title": "To establish a commission to make recommendations on the appropriate size of membership of the House of Representatives and the method by which Members are elected."}

SECTION 1. GRID-ENABLED WATER HEATERS. Part B of title III of the Energy Policy and Conservation Act (42 U.S.C. 6291 et seq.) is amended-- (1) in section 325(e) (42 U.S.C. 6295(e)), by adding at the end the following: ``(6) Additional standards for grid-enabled water heaters.-- ``(A) Definitions.--In this paragraph: ``(i) Activation key.--The term `activation key' means a physical device or control directly on the water heater, a software code, or a digital communication-- ``(I) that must be activated to enable the product to operate continuously and at its designed specifications and capabilities; and ``(II) without which activation the product will provide not greater than 50 percent of the rated first hour delivery of hot water certified by the manufacturer. ``(ii) Grid-enabled water heater.--The term `grid-enabled water heater' means an electric resistance water heater that-- ``(I) has a rated storage tank volume of more than 75 gallons; ``(II) is manufactured on or after April 16, 2015; ``(III) has-- ``(aa) an energy factor of not less than 1.061 minus the product obtained by multiplying-- ``(AA) the rated storage volume of the tank, expressed in gallons; and ``(BB) 0.00168; or ``(bb) an efficiency level equivalent to the energy factor under item (aa) and expressed as a uniform energy descriptor based on the revised test procedure for water heaters described in paragraph (5); ``(IV) is equipped by the manufacturer with an activation key; and ``(V) bears a permanent label applied by the manufacturer that-- ``(aa) is made of material not adversely affected by water; ``(bb) is attached by means of non-water-soluble adhesive; and ``(cc) advises purchasers and end-users of the intended and appropriate use of the product with the following notice printed in 16.5 point Arial Narrow Bold font: ```IMPORTANT INFORMATION: This water heater is intended only for use as part of an electric thermal storage or demand response program. It will not provide adequate hot water unless enrolled in such a program and activated by your utility company or another program operator. Confirm the availability of a program in your local area before purchasing or installing this product.'. ``(B) Requirement.--The manufacturer or private labeler shall provide the activation key only to utilities or other companies operating electric thermal storage or demand response programs that use grid- enabled water heaters. ``(C) Reports.-- ``(i) Manufacturers.--The Secretary shall require each manufacturer of grid-enabled water heaters to report to the Secretary annually the quantity of grid-enabled water heaters that the manufacturer ships each year. ``(ii) Operators.--The Secretary shall require utilities and other demand response and thermal storage program operators to report annually the quantity of grid-enabled water heaters activated for their programs using forms of the Energy Information Agency or using such other mechanism that the Secretary determines appropriate after an opportunity for notice and comment. ``(iii) Confidentiality requirements.--The Secretary shall treat shipment data reported by manufacturers as confidential business information. ``(D) Publication of information.-- ``(i) In general.--In 2017 and 2019, the Secretary shall publish an analysis of the data collected under subparagraph (C) to assess the extent to which shipped products are put into use in demand response and thermal storage programs. ``(ii) Prevention of product diversion.--If the Secretary determines that sales of grid- enabled water heaters exceed by 15 percent or greater the quantity of such products activated for use in demand response and thermal storage programs annually, the Secretary shall, after opportunity for notice and comment, establish procedures to prevent product diversion for non-program purposes. ``(E) Compliance.-- ``(i) In general.--Subparagraphs (A) through (D) shall remain in effect until the Secretary determines under this section that grid-enabled water heaters do not require a separate efficiency requirement. ``(ii) Effective date.--If the Secretary exercises the authority described in clause (i) or amends the efficiency requirement for grid- enabled water heaters, that action will take effect on the date described in subsection (m)(4)(A)(ii). ``(iii) Consideration.--In carrying out this section with respect to electric water heaters, the Secretary shall consider the impact on thermal storage and demand response programs, including the consequent impact on energy savings, electric bills, electric reliability, integration of renewable resources, and the environment. ``(iv) Requirements.--In carrying out this subparagraph, the Secretary shall require that grid-enabled water heaters be equipped with communication capability to enable the grid- enabled water heaters to participate in ancillary services programs if the Secretary determines that the technology is available, practical, and cost-effective.''; and (2) in section 332(a) (42 U.S.C. 6302(a))-- (A) in paragraph (5), by striking ``or'' at the end; (B) in the first paragraph (6), by striking the period at the end and inserting a semicolon; (C) by redesignating the second paragraph (6) as paragraph (7); (D) in subparagraph (B) of paragraph (7) (as so redesignated), by striking the period at the end and inserting ``; or''; and (E) by adding at the end the following: ``(8) with respect to grid-enabled water heaters that are not used as part of an electric thermal storage or demand response program, for any person knowingly and repeatedly-- ``(A) to distribute activation keys for those grid- enabled water heaters; ``(B) otherwise to enable the full operation of those grid-enabled water heaters; or ``(C) to remove or render illegible the labels of those grid-enabled water heaters.''.

Amends the Energy Policy and Conservation Act (EPCA) to provide additional energy conservation standards applicable to grid-enabled water heaters (those intended for use as part of an electric thermal storage or demand response program). Requires annual reports from: (1) manufacturers of such water heaters regarding the quantity of the products shipped each year, and (2) utilities and other demand response and thermal storage program operators regarding the quantity of products activated for their programs. Requires the Secretary of Energy (DOE) to publish analyses of data collected from such reports and to establish procedures to prevent product diversion if sales of the products exceed by at least 15% the quantity activated for use in the demand response and thermal storage programs annually. Maintains the standards and publication procedures established by this Act until the Secretary determines that such water heaters do not require a separate efficiency requirement. Requires the Secretary to consider the impact of EPCA electric water heater standards on thermal storage and demand response programs, including on energy savings, electric bills, electric reliability, integration of renewable resources, and the environment. Makes unlawful, with respect to grid-enabled water heaters not used as part of an electric thermal storage or demand response program, the knowing and repeated distribution of activation keys, enabling of full operation of the products, or removing or making illegible their labels.

{"src": "billsum_train", "title": "To modify the efficiency standards for grid-enabled water heaters."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Twenty-First Century Water Commission Act of 2009''. SEC. 2. FINDINGS. Congress finds that-- (1) the Nation's water resources will be under increasing stress and pressure in the coming decades; (2) a thorough assessment of technological and economic advances that can be employed to increase water supplies or otherwise meet water needs in every region of the country is important and long overdue; and (3) a comprehensive strategy to increase water availability and ensure safe, adequate, reliable, and sustainable water supplies is vital to the economic and environmental future of the Nation. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the ``Twenty-First Century Water Commission'' (in this Act referred to as the ``Commission''). SEC. 4. DUTIES. The duties of the Commission shall be to-- (1) use existing water assessments and conduct such additional assessments as may be necessary to project future water supply and demand; (2) study current water management programs of Federal, interstate, State, and local agencies, and private sector entities directed at increasing water supplies and improving the availability, reliability, and quality of freshwater resources; and (3) consult with representatives of such agencies and entities to develop recommendations consistent with laws, treaties, decrees, and interstate compacts for a comprehensive water strategy which-- (A) respects the primary role of States in adjudicating, administering, and regulating water rights and water uses; (B) identifies incentives intended to ensure an adequate and dependable supply of water to meet the needs of the United States for the next 50 years; (C) suggests strategies that avoid increased mandates on State and local governments; (D) eliminates duplication and conflict among Federal governmental programs; (E) considers all available technologies and other methods to optimize water supply reliability, availability, and quality, while safeguarding the environment; (F) recommends means of capturing excess water and flood water for conservation and use in the event of a drought; (G) suggests financing options for comprehensive water management projects and for appropriate public works projects; (H) suggests strategies to conserve existing water supplies, including recommendations for repairing aging infrastructure; and (I) includes other objectives related to the effective management of the water supply to ensure reliability, availability, and quality, which the Commission shall consider appropriate. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 9 members who shall be appointed not later than 90 days after the date of enactment of this Act. Member shall be appointed as follows: (1) 5 members appointed by the President; (2) 2 members appointed by the Speaker of the House of Representatives, in consultation with the minority leader of the House of Representatives; and (3) 2 members appointed by the majority leader of the Senate, in consultation with the minority leader of the Senate. (b) Qualifications.--Members shall be appointed to the Commission from among individuals who-- (1) are of recognized standing and distinction in water policy issues; and (2) while serving on the Commission, do not hold any other position as an officer or employee of the United States, except as a retired officer or retired civilian employee of the United States. (c) Other Considerations.--In appointing members of the Commission, every effort shall be made to ensure that the members represent a broad cross section of regional and geographical perspectives in the United States. (d) Chairperson.--The Chairperson of the Commission shall be designated by the President. (e) Terms.--Members of the Commission shall be appointed not later than 90 days after the date of enactment of this Act and shall serve for the life of the Commission. (f) Vacancies.--A vacancy on the Commission shall not affect its operation, and shall be filled in the same manner as the original appointment provided under subsection (a). (g) Compensation and Travel Expenses.--Members of the Commission shall serve without compensation, except members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57, United States Code. SEC. 6. MEETINGS AND QUORUM. (a) Meetings.--The Commission shall hold its first meeting not later than 60 days after the date on which all members have been appointed under section 5, and shall hold additional meetings at the call of the Chairperson or a majority of its members. (b) Quorum.--A majority of the members of the Commission shall constitute a quorum for the transaction of business. SEC. 7. STAFFING. The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an Executive Director and such other additional personnel as may be necessary for the Commission to perform its duties. The Executive Director shall be compensated at a rate not to exceed the annual rate of basic pay for GS-15 of the General Schedule. The employment and termination of the Executive Director shall be subject to confirmation by a majority of the members of the Commission. SEC. 8. POWERS AND PROCEEDINGS OF THE COMMISSION. (a) Hearings.--The Commission shall hold no fewer than 10 hearings during the life of the Commission. Hearings may be held in conjunction with meetings of the Commission. The Commission may take such testimony and receive such evidence as the Commission considers appropriate to carry out this Act. At least 1 hearing shall be held in Washington, DC, for the purpose of taking testimony of representatives of Federal agencies, national organizations, and Members of Congress. Other hearings shall be scheduled in distinct geographical regions of the United States and should seek to ensure testimony from individuals with a diversity of experiences, including those who work on water issues at all levels of government and in the private sector. (b) Information and Support From Federal Agencies.--Upon request of the Commission, any Federal agency shall-- (1) provide to the Commission, within 30 days of its request, such information as the Commission considers necessary to carry out the provisions of this Act; and (2) detail to temporary duty with the Commission on a reimbursable basis such personnel as the Commission considers necessary to carry out the provisions of this Act, in accordance with section 5(b)(5), Appendix, title 5, United States Code. SEC. 9. REPORTS. (a) Interim Reports.--Not later than 6 months after the date of the first meeting of the Commission, and every 6 months thereafter, the Commission shall transmit an interim report containing a detailed summary of its progress, including meetings and hearings conducted in the interim period, to-- (1) the President; (2) the Committee on Resources and the Committee on Transportation and Infrastructure of the House of Representatives; and (3) the Committee on Energy and Natural Resources and the Committee on the Environment and Public Works of the Senate. (b) Final Report.--As soon as practicable, but not later than 3 years after the date of the first meeting of the Commission, the Commission shall transmit a final report containing a detailed statement of the findings and conclusions of the Commission, and recommendations for legislation and other policies to implement such findings and conclusions, to-- (1) the President; (2) the Committee on Resources and the Committee on Transportation and Infrastructure of the House of Representatives; and (3) the Committee on Energy and Natural Resources and the Committee on the Environment and Public Works of the Senate. SEC. 10. TERMINATION. The Commission shall terminate not later than 30 days after the date on which the Commission transmits a final report under section 9(b). SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $9,000,000 to carry out this Act.

Twenty-First Century Water Commission Act of 2009 - Establishes the Twenty-First Century Water Commission to: (1) project future water supply and demand; (2) study current water management programs of federal, interstate, state, and local agencies and private sector entities directed at increasing water supplies and improving the availability, reliability, and quality of freshwater resources; and (3) consult with representatives of such agencies and entities to develop recommendations for a comprehensive water strategy. Requires that such strategy: (1) identify incentives intended to ensure an adequate and dependable water supply to meet U.S. needs for the next 50 years; (2) suggest strategies that avoid increased mandates on state and local governments, considering all available technologies; and (3) suggest financing options.

{"src": "billsum_train", "title": "To establish the Twenty-First Century Water Commission to study and develop recommendations for a comprehensive water strategy to address future water needs."}

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Office of the National Alzheimer's Project Act''. (b) Findings.--Congress finds that according to the 2009 Alzheimer's Study Group National Strategic Plan and the 2009 Alzheimer's Disease Facts and Figures report of the Alzheimer's Association-- (1) Alzheimer's disease is a progressive, debilitating, terminal disease with no known cure; (2) Alzheimer's disease was the sixth leading cause of death in the United States for all ages in 2006 and the fifth leading cause of death for people age 65 and older; (3) currently, an estimated 5,300,000 Americans of all ages have Alzheimer's disease, and 13 percent of people age 65 and older have Alzheimer's disease; (4) of those with Alzheimer's disease some minority populations are disproportionately suffering from the disease; (5) there are 78,000,000 people in the baby boom generation, and in 2011, the first baby boomers will turn 65, and by 2029, all baby boomers will be at least 65 years old; (6) the number of people aged 65 and older with Alzheimer's disease is estimated to reach 7,700,000 in 2030, more than a 50 percent increase from the 5,100,000 aged 65 and older who are currently affected; (7) the 85 years and older population currently comprises nearly 50 percent of the individuals with Alzheimer's disease, or about 2,700,000 people, and by the time the first wave of baby boomers reaches age 85 years (2031), there will be an estimated 3,500,000 people aged 85 and older with Alzheimer's; (8) in 2008, 9,900,000 unpaid caregivers provided care valued at $94,000,000,000 for a person with Alzheimer's disease or other dementia; (9) total per-person payments from all sources for health and long-term care were three times higher for Medicare beneficiaries with Alzheimer's disease: $33,007 compared to $10,603; (10) in 2009 the Federal Government will spend more than $100,000,000,000 through Medicare and Medicaid to care for those with Alzheimer's disease; (11) if the United States follows current trends the Federal Government will spend more than $1,000,000,000,000 per year by 2050 on Alzheimer's disease care; and (12) between 2010 and 2050 Medicare and Medicaid programs are projected to spend $20,000,000,000,000 for Alzheimer's disease care. SEC. 2. OFFICE OF THE NATIONAL ALZHEIMER'S PROJECT. (a) Establishment of Office.--There is established in the Office of the President the Office of the National Alzheimer's Project (referred to in this Act as the ``Office''). (b) Purpose of the Office.--The Office shall-- (1) accelerate the development of treatments that would prevent, halt, or reverse the course of Alzheimer's; (2) be responsible for the creation and maintenance of an integrated national plan to overcome Alzheimer's; (3) help to coordinate the health care and treatment of citizens with Alzheimer's; (4) ensure the inclusion of ethnic and racial populations at higher risk for Alzheimer's or least likely to receive care, in clinical, research, and service efforts with the purpose of decreasing health disparities in Alzheimer's; and (5) coordinate with international bodies to integrate and inform the fight against Alzheimer's globally. (c) Director of the Office.-- (1) Appointment.--The President by and with the advice and consent of the Senate shall appoint a Director of the Office. (2) Duties of the director.-- (A) In general.--The Director of the Office shall-- (i) oversee the creation and updating of the national plan described in subparagraph (B); (ii) use discretionary authority to evaluate all Federal programs around Alzheimer's, including budget requests and approvals; and (iii) prepare and submit to the President the annual budget estimate for the Office. (B) National plan.--The Director of the Office shall carry out an annual assessment of the Nation's progress in preparing for the escalating burden of Alzheimer's, including both implementation steps and recommendations for priority actions based on the assessment. (3) Service by director.--The Director of the Office shall serve-- (A) on the advisory board of the Office of Science and Technology to promote research efforts into mechanisms to slow and stop the development of Alzheimer's for those at risk of developing the disease, or may appoint a designee to sit on such board; and (B) on the Domestic Policy Council to represent those who have or will develop Alzheimer's, including on matters of housing, transportation, and education. (d) Advisory Council.-- (1) In general.--There is established in the Office an Advisory Council on Alzheimer's Research and Treatment (referred to in this Act as the ``Advisory Council''). (2) Membership.-- (A) In general.--The Advisory Council shall be comprised of the following: (i) A designee of the Office of Science of the Department of Energy. (ii) A designee of the Office of the Secretary of the Department of Health and Human Services. (iii) A designee of the Administration on Aging. (iv) A designee of the Centers for Medicare & Medicaid Services. (v) A designee of the Indian Health Service. (vi) A designee of the Office of the Director of the National Institutes of Health. (vii) The Surgeon General. (viii) A designee of the National Science Foundation. (ix) A designee of the Department of Veterans Affairs. (B) Non-federal members.-- (i) In general.--In addition to the members outlined in subparagraph (A), the Advisory Council shall include 12 members from outside the Federal Government, including 2 members who are patient advocate members and 2 members who represent States, and members appointed pursuant to clause (ii). (ii) Congressional appointments.-- (I) In general.--In addition to the members outlined in subparagraph (A) and clause (i), the majority and minority leaders of the Senate and the Speaker and minority leader of the House of Representatives shall each appoint 2 members from the pool described in clause (II) to the Advisory Council for a 2-year term, with each such member eligible to be reappointed. (II) Remaining non-federal members.--The remaining non-Federal members shall be representatives of academia, research, health and elder care delivery (both community-based and institutional), technology, or other related sectors. (III) Vacancies.--Any member appointed under this clause to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall be appointed for the remainder of such term. A member appointed under this clause shall serve until the member's replacement has been appointed. (3) Meetings.--The Advisory Council shall meet quarterly and such meetings shall be open to the public. (4) Advice.--The Advisory Council shall advise the Director of the Office. (5) Annual report.--The Advisory Council shall provide to the Director of the Office-- (A) recommendations for information to be included in the annual report to Congress by the Office; and (B) an annually updated national plan. (e) Annual Report.--The Director of the Office shall submit to Congress-- (1) an annual report that includes an evaluation of all nationally and federally funded efforts in Alzheimer's research, clinical care, institutional, and home- and community-based programs and their outcomes; and (2) an annually updated national plan. (f) Sunset.--The Office shall expire on December 31, 2025.

Office of the National Alzheimer's Project Act - Establishes in the Office of the President the Office of the National Alzheimer's Project to: (1) accelerate the development of treatments that would prevent, halt, or reverse the course of Alzheimer's; (2) create and maintain an integrated national plan to overcome Alzheimer's; (3) help to coordinate the health care and treatment of citizen's with Alzheimer's; (4) ensure the inclusion of ethnic and racial populations that are at higher risk for Alzheimer's or that are least likely to receive care in clinical, research, and service efforts with the purpose of decreasing health disparities; and (5) coordinate with international bodies to integrate and inform the fight against Alzheimer's globally. Sets forth the duties of the Director of the Office, including to use discretionary authority to evaluate all federal programs around Alzheimer's. Establishes in the Office an Advisory Council on Alzheimer's Research and Treatment.

{"src": "billsum_train", "title": "A bill to establish the Office of the National Alzheimer's Project."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``AmericaView Authorization Act''. SEC. 2. FINDINGS. Congress finds that-- (1) when Federal remote sensing data is available in a cost-effective and timely manner, State and local governments and educational institutions are able to develop new scientific, educational, and practical applications for the data and to adopt new tools for applied research, education, and training, as evidenced by the success of the United States Geological Survey pilot projects OhioView and Gateway to the Earth; (2) increased access to remote sensing data through State data archives benefits user communities that have traditionally struggled to afford the data because-- (A) educators-- (i) train college students for technology careers in remote sensing; and (ii) train teachers that remote sensing data can enhance student learning in elementary and secondary education; (B) historically black colleges and universities partner with StateView universities to enhance learning and training opportunities for students; (C) Native Americans provide training and education regarding-- (i) the use and application of remote sensing data for Native American students; and (ii) developing satellite-based applications for managing reservation resources; (3) universities and State and local government agencies use remote sensing data to support practical purposes, including-- (A) monitoring the health of national land and forests; (B) monitoring crop progress, assessing damage, and predicting crop yield; (C) assisting with transportation and land-use planning in the urban areas of the United States; (D) predicting and assisting with the management of human disease outbreaks; and (E) assessing and managing natural disasters; and (4) the AmericaView program is uniquely positioned-- (A) to help each State address remote sensing data infrastructure issues; and (B) to expand the use and benefits of remote sensing data to each State. SEC. 3. DEFINITIONS. In this Act: (1) Americaview program.--The term ``AmericaView program'' means the national AmericaView program of the United States Geological Survey established under section 4(a), comprised of-- (A) the AmericaView project; and (B) AmericaView. (2) Americaview project.--The term ``AmericaView project'' means the United States Geological Survey data archive, development, maintenance, and product distribution program conducted at the EROS Data Center. (3) Americaview.--The term ``AmericaView'' means the national nonprofit collaboration of StateView participants cooperating with the EROS Data Center to achieve the purposes of the AmericaView program. (4) Educational institution.--The term ``educational institution'' means any public or private elementary or secondary school, vocational school, correspondence school, business school, college (including a junior college or teachers' college), normal school, professional school, institution of higher education, or scientific or technical institution, or any other institution that furnishes education. (5) EROS data center.--The term ``EROS Data Center'' means the data management, systems development, and research field center of the United States Geological Survey. (6) National spatial data infrastructure.--The term ``National Spatial Data Infrastructure'' means the technology, policies, standards, and human resources necessary to acquire, process, store, distribute, and improve use of geospatial data for the United States established by Executive Order 12906 (59 Fed. Reg. 17671 (April 11, 1994)). (7) Remote sensing data.--The term ``remote sensing data'' means all information acquired from above the surface of the Earth by satellite or airplane. (8) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the United States Geological Survey. (9) State.--The term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (10) Stateview.--The term ``StateView'' means the AmericaView program of a single State, comprised of-- (A) educational institutions; and (B) State and local governments. SEC. 4. AMERICAVIEW PROGRAM. (a) In General.--The Secretary shall establish and maintain a nationwide program, to be known as the ``AmericaView'' program, to advance the availability, timely distribution, and widespread use of remote sensing data and technology in each State. (b) Purposes.--The purposes of the AmericaView program are-- (1) to increase accessibility and expand the use of remote sensing data in a standard, easy-to-use format to-- (A) Federal, State, local, and tribal governments; (B) communities; (C) educational institutions; and (D) the commercial sector; (2) to assist each State in establishing the infrastructure necessary to archive and distribute remote sensing data; (3) to ensure that the National Satellite Land Remote Sensing Data Archive of the United States Geological Survey and State remote sensing data archives support and comply with other Federal programs relating to national data infrastructure, homeland security, and national defense; and (4) to provide remote sensing data to the National Spatial Data Infrastructure. (c) Activities.-- (1) Americaview project.--The Secretary, acting through the AmericaView project, shall support the remote sensing data research and educational programs of each State by cooperating with the States-- (A) to identify new remote sensing data needs and infrastructure; and (B) to define, consolidate, and maintain the data requirements of that infrastructure. (2) Americaview.--The Secretary, acting through the AmericaView program, shall maintain AmericaView in each State-- (A) to share and cooperate in the development of a freely and publicly accessible remote sensing data archive and distribution infrastructure; (B) to cooperate with the AmericaView project to develop nationally consistent standards for remote sensing data archives in the State; (C) to expand the number of remote sensing data courses taught at educational institutions and provide training, remote sensing data, and teaching tools to educators; (D) to expand remote sensing data research at research educational institutions; (E) to expand the knowledge and use of remote sensing data and data products in the workforce through outreach programs, workshops, and other training opportunities; (F) to build partnerships with local governments to identify unique research and development needs and foster remote sensing pilot projects; (G) to promote cooperation and sharing of expertise regarding remote sensing data among the participating States and within each participating State; and (H) to enable the States to provide remote sensing data to the EROS Data Center. (3) Grants.--The Secretary shall annually award grants to sustain and develop StateView programs. (4) Federal partner advisory committee.-- (A) In general.--The Secretary shall maintain an advisory committee to advise the Director of the United States Geological Survey regarding the AmericaView program. (B) Membership and appointment.--The advisory committee shall consist of 1 representative from each of-- (i) AmericaView; (ii) the United States Geological Survey; (iii) the Department of Agriculture; and (iv) such other Federal agencies as the Director of the United States Geological Survey may require. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this Act for each of fiscal years 2009 through 2014.

AmericaView Authorization Act - Directs the Secretary of the Interior, acting through the Director of the United States Geological Survey (USGS), to: (1) establish and maintain a nationwide AmericaView Program to advance the availability, distribution, and use of remote sensing data (information acquired from above the surface of the Earth by satellite or airplane) and technology in each state; (2) maintain AmericaView (the national nonprofit collaboration of StateView participants cooperating with the EROS Data Center to achieve the purposes of the AmericaView Program) in each state to develop publicly accessible remote sensing data archive and distribution infrastructure and expand remote sensing education, research, and knowledge; (3) award annual grants to sustain and develop StateView programs (the AmericaView programs of an individual states, comprised of educational institutions and state and local governments); and (4) maintain an advisory committee to advise the USGS Director about the AmericaView Program.

{"src": "billsum_train", "title": "A bill to authorize a comprehensive program of nationwide access to Federal remote sensing data, to promote use of the program for education, workforce training and development, and applied research, and to support Federal, State, tribal, and local government programs."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Honoring Investments in Recruiting and Employing American Military Veterans Act of 2015'' or the ``HIRE Vets Act''. SEC. 2. HIRE VETS MEDALLION PROGRAM. (a) Program Established.--Not later than 1 year after the date of enactment of this Act, the Secretary of Labor shall establish, by rule, a HIRE Vets Medallion Program to solicit voluntary information from employers for purposes of recognizing, by means of an award to be designated a ``HIRE Vets Medallion Award'', verified efforts by such employers-- (1) to recruit, employ, and retain veterans; and (2) to provide community and charitable services supporting the veteran community. (b) Application Process.--Beginning in the calendar year following the calendar year in which the Secretary establishes the program, the Secretary shall annually-- (1) solicit and accept voluntary applications from employers in order to consider whether those employers should receive a HIRE Vets Medallion Award; (2) review applications received in each calendar year; (3) notify the recipients of the awards; and (4) at a time to coincide with the annual commemoration of Veterans Day-- (A) announce the names of such recipients; (B) recognize such recipients through publication in the Federal Register; and (C) issue to each such recipient a HIRE Vets Medallion Award of the level determined under section 3, in the form of a certificate, to be designated a ``HIRE Vets Medallion Certificate'', which shall state that the employer is entitled to publicly display such Award as desired. (c) Timing.-- (1) Solicitation period.--The Secretary shall solicit applications not later than January 31st of each calendar year for the medallion awards to be awarded in November of that calendar year. (2) End of acceptance period.--The Secretary shall stop accepting the applications not earlier than April 30th of each calendar year for the medallion awards to be awarded in November of that calendar year. (3) Review period.--The Secretary shall finish reviewing the applications, as described in section 3(a), not later than August 31st of each calendar year for the medallion awards to be awarded in November of that calendar year. (4) Determinations by secretary.--The Secretary shall determine a list of employers to receive HIRE Vets Medallion Awards not later than September 30th of each calendar year for the medallion awards to be awarded in November of that calendar year. (5) Notice to recipients.--The Secretary shall notify employers who will receive HIRE Vets Medallion Awards not later than October 11th of each calendar year for the medallion awards to be awarded in November of that calendar year. SEC. 3. SELECTION OF RECIPIENTS. (a) Application Review Process.-- (1) In general.--The Secretary shall, directly or by contract, review all applications received in a calendar year in accordance with section 2(c) to determine whether an employer should receive a HIRE Vets Medallion Award, and, if so, of what level. (2) Application contents.--The Secretary shall require that all applications provide information on the programs and other efforts of applicant employers during the calendar year previous to that in which the medallion award is to be awarded, including information concerning the number of employees of the applicant involved and activities governing the level of award for which the applicant is eligible under subsection (b). The Secretary shall require that each application contain a certification, signed by the senior executive responsible for employee hiring, that the employer has met the criteria described in subsection (b) for a particular level of medallion award. (b) Awards.-- (1) Large employers.-- (A) In general.--The Secretary shall establish 3 levels of HIRE Vets Medallion Awards to be awarded to employers employing 500 or more employees, to be designated the ``Bronze HIRE Vets Medallion Award'', the ``Silver HIRE Vets Medallion Award'', and the ``Gold HIRE Vets Medallion Award''. (B) Bronze hire vets medallion award.--No employer shall be eligible to receive a Bronze HIRE Vets Medallion Award in a given calendar year unless-- (i)(I) veterans constitute not less than 5 percent of all employees hired by such employer during the previous calendar year; or (II) veterans constitute not less than 7 percent of the employer's total workforce; (ii) such employer provides charitable contributions to veteran support organizations; (iii) such employer retains through the end of that previous calendar year not less than 75 percent of veteran employees hired during the calendar year prior to the previous calendar year (unless that prior calendar year began more than 1 year before the first year in which the Secretary solicited applications under section 2(b)(1)); and (iv) such employer provides a targeted training program for new veteran employees. (C) Silver hire vets medallion award.--No employer shall be eligible to receive a Silver HIRE Vets Medallion Award in a given calendar year unless-- (i) such employer is eligible to receive a Bronze HIRE Vets Medallion Award in such year; (ii)(I) veterans constitute not less than 7 percent of all employees hired by such employer during the previous calendar year; or (II) veterans constitute not less than 10 percent of the employer's total workforce; (iii) such employer has established an employee veteran organization or resource group to assist new veteran employees with integration, including providing coaching and mentoring; and (iv) such employer has established a program to enhance the leadership skills of veteran employees, to promote their upward mobility during their employment. (D) Gold hire vets medallion award.--No employer shall be eligible to receive a Gold HIRE Vets Medallion Award in a given calendar year unless-- (i) such employer is eligible to receive a Silver HIRE Vets Medallion Award in such year; (ii)(I) veterans constitute not less than 10 percent of all employees hired by such employer during the previous calendar year; or (II) veterans constitute not less than 15 percent of the employers total workforce; (iii) such employer retains through the end of that previous calendar year not less than 85 percent of veteran employees hired during the calendar year prior to the previous calendar year (unless that prior calendar year began more than 1 year before the first year in which the Secretary solicited applications under section 2(b)(1)); (iv) such employer employs a dedicated human resources professional to support hiring and retention of veteran employees, including undertaking efforts focused on veteran hiring and training; (v) such employer provides each of its employees, who is a member of a reserve component of the Armed Forces serving on active duty, with compensation sufficient, in combination with the employee's basic pay in connection with service on active duty in the Armed Forces, to achieve a combined level of income commensurate with the employee's compensation prior to undertaking active duty; and (vi) such employer has established a tuition assistance program to support veteran employees' attendance at an institution of higher education during the term of their employment. (E) Exemption for smaller employers.--An employer shall be deemed to meet the requirements of subparagraph (D)(iv) if such employer-- (i) employs 5,000 or fewer employees; and (ii) employs at least one human resources professional whose primary work duties include those described under subparagraph (D)(iv). (F) Additional criteria.--The Secretary may provide, by rule, additional criteria with which to determine qualifications for receipt of each level of HIRE Vets Medallion Award. If the Secretary provides for the additional criteria, the employer shall include information on the criteria in the application described in subsection (a)(2), and the Secretary shall determine eligibility for such an award on the basis of those criteria and the other criteria specified in this paragraph. (2) Small and medium-size employers.--The Secretary shall establish similar criteria for Bronze, Silver, and Gold Hire Vets Medallion Awards in order to recognize achievements in supporting veterans by-- (A) employers with 50 or fewer employees; and (B) employers with more than 50 but fewer than 500 employees. (c) Design by Secretary.-- (1) In general.--Except as described in paragraph (2), the Secretary shall establish the shape, form, and design of each HIRE Vets Medallion Award. (2) Requirements.--The award shall be in the form of a certificate. The award shall state the year for which it is awarded. SEC. 4. DISPLAY OF AWARD. (a) In General.--The recipient of a HIRE Vets Medallion Award may publicly display such medallion award as desired. (b) Unlawful Display Prohibited.--It is unlawful for any employer to publicly display a HIRE Vets Medallion Award if such employer did not receive such medallion award through the HIRE Vets Medallion Program. SEC. 5. APPLICATION FEE AND FUNDING. (a) Fee Authorized.--The Secretary may assess a reasonable fee on employers that apply for receipt of a HIRE Vets Medallion Award. (b) Fund Established.--There is established in the Treasury of the United States a separate account for the deposit of fees collected under subsection (a), to be designated the ``HIRE Vets Medallion Fund''. (c) Deposit.--The Secretary shall deposit any fees collected pursuant to subsection (a) into the HIRE Vets Medallion Fund. (d) Authorization of Appropriations.-- (1) Sources of appropriations.-- (A) First 2 years.--There are authorized to be appropriated for the first 2 fiscal years in which applications are to be solicited under section 2(b) such sums as may be necessary to carry out this Act in such fiscal years. (B) Years following applications.--Amounts in the HIRE Vets Medallion Fund shall be available, to the extent provided in appropriations Acts, for each fiscal year following a prior fiscal year in which fees are collected under subsection (a). (2) Availability.--Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended. (3) Use.--Amounts in the Fund shall be available, as provided in appropriation Acts pursuant to paragraph (1), for carrying out this Act. SEC. 6. REPORT TO CONGRESS. (a) Reports.--Beginning not later than 2 years after the date of the establishment of the HIRE Vets Medallion Program under section 2(a), the Secretary shall submit to Congress annual reports in January of each calender year on-- (1) the fees collected from applicants for HIRE Vets Medallion Awards in the prior year and any changes in fees to be proposed in the present year; (2) the cost of administering the HIRE Vets Medallion Program in the prior year; (3) the number of applications for HIRE Vets Medallion Awards received in the prior year; and (4) the HIRE Vets Medallion Awards awarded in the prior year, including the name of each employer to whom a HIRE Vets Medallion Award was awarded and the level of Medallion Award awarded to each such employer. (b) Committees.--The Secretary shall provide the reports required under subsection (a) to the Chairman and Ranking Member of-- (1) the Committees on Appropriations, Education and the Workforce, and Veterans' Affairs of the House of Representatives; and (2) the Committees on Appropriations, Health, Education, Labor, and Pensions, and Veterans' Affairs of the Senate. SEC. 7. DEFINITIONS. In this Act: (1) Employer.--The term ``employer'' has the meaning given such term under section 4303 of title 38, United States Code, except that such term does not include-- (A) the Federal Government; (B) any State, as defined in such section; or (C) any foreign state. (2) Secretary.--The term ``Secretary'' means the Secretary of Labor. (3) Veteran.--The term ``veteran'' has the meaning given such term under section 101 of title 38, United States Code.

Honoring Investments in Recruiting and Employing American Military Veterans Act of 2015 or the HIRE Vets Act This bill directs the Department of Labor to establish a HIRE Vets Medallion Program to solicit voluntary information from employers for purposes of recognizing, by the award of a HIRE Vets Medallion, verified efforts by these employers to: (1) recruit, employ, and retain veterans; and (2) provide community and charitable services supporting the veteran community.

{"src": "billsum_train", "title": "HIRE Vets Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Israeli-Palestinian Peace Enhancement Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The security of the State of Israel is a major and enduring national security interest of the United States. (2) A lasting peace in the Middle East region, which Israel desperately seeks, can only take root in an atmosphere free of violence and terrorism. (3) The Palestinian people have been ill-served by leaders who, by resorting to violence and terrorism to pursue their political objectives, have brought economic and personal hardship to their people and brought a halt to efforts seeking a negotiated settlement of the conflict. (4) The United States has an interest in a Middle East in which two states, Israel and Palestine, will live side by side in peace and security. (5) In his speech of June 24, 2002, and in other statements, President George W. Bush outlined a comprehensive vision of the possibilities of peace in the Middle East region following a change in Palestinian leadership. (6) President Bush stated in his June 24, 2002, speech that ``a stable and peaceful Palestinian state is necessary to achieve the security that Israel longs for,'' and Israel has committed itself to concrete steps to achieve that end. (7) The Palestinian state must be a reformed, peaceful, and democratic state that abandons forever the use of terror. (8) Israel has repeatedly indicated its willingness to make painful concessions to achieve peace once there is a partner for peace on the Palestinian side. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to express the sense of Congress with respect to United States recognition of a Palestinian state; (2) to encourage the emergence of a Palestinian leadership that is capable of achieving the reforms outlined by President Bush, including making peace with Israel, combating all forms of terrorism, and developing a peaceful, democratic Palestinian state; and (3) to demonstrate United States willingness to provide substantial economic and humanitarian assistance, and to support large-scale multilateral assistance, to a peaceful, democratic Palestinian state, after the Palestinians have achieved the reforms outlined by President Bush and have achieved peace with Israel. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that-- (1) peace between Israel and the Palestinians cannot be achieved until the Palestinian system of government has been transformed along the lines outlined in President Bush's June 24, 2002, speech; (2) substantial United States and international economic assistance will be needed after the Palestinians have achieved the reforms described in section 620K(c)(2) of the Foreign Assistance Act of 1961 (as added by section 6 of this Act) and have made a lasting and secure peace with Israel; (3) any new Palestinian administration urgently should take the necessary security-related steps to allow for implementation of a performance-based road map to resolve the Israeli-Palestinian conflict; (4) the United States Administration should work vigorously toward the goal of two states living side-by-side in peace within secure and internationally-recognized boundaries free from threats or acts of force; and (5) the United States has a vital national security interest in a permanent, comprehensive, and just resolution of the Arab-Israeli conflict, and particularly the Palestinian- Israeli conflict, based on the terms of United Nations Security Council Resolutions 242 and 338. SEC. 5. RECOGNITION OF A PALESTINIAN STATE. It is the sense of Congress that a Palestinian state should not be recognized by the United States until the President determines that-- (1) a new leadership of a Palestinian governing entity, not compromised by terrorism, has been elected and taken office; and (2) the newly-elected Palestinian governing entity-- (A) has demonstrated a firm and tangible commitment to peaceful coexistence with the State of Israel and to ending anti-Israel incitement, including the cessation of all officially sanctioned or funded anti-Israel incitement; (B) has taken sustained and effective measures to counter terrorism and terrorist financing in the West Bank and Gaza, including the dismantling of the terrorist infrastructure and the confiscation of unlawful weaponry; (C) has established one unified Palestinian security entity that is fully cooperating with the appropriate Israeli security organizations; (D) has achieved exclusive authority and responsibility for governing the national affairs of a Palestinian state, has taken effective steps to ensure democracy, the rule of law, and an independent judiciary, and has adopted other reforms ensuring transparent and accountable governance; and (E) has taken effective steps to ensure that its education and communications systems promote the acceptance of Israel's existence and of peace with Israel and actively discourage anti-Israel incitement. SEC. 6. LIMITATION ON ASSISTANCE TO A PALESTINIAN STATE. Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2351 et seq.) is amended-- (1) by redesignating the second section 620G (as added by section 149 of Public Law 104-164 (110 Stat. 1436)) as section 620J; and (2) by adding at the end the following new section: ``SEC. 620K. LIMITATION ON ASSISTANCE TO A PALESTINIAN STATE. ``(a) Limitation.-- ``(1) In general.--Notwithstanding any other provision of law, direct assistance may be provided under this Act or any other provision of law to the government of a Palestinian state only during a period for which a certification described in subsection (c) is in effect. The limitation contained in the preceding sentence shall not apply (A) to humanitarian or development assistance that is provided through nongovernmental organizations for the benefit of the Palestinian people in the West Bank and Gaza, or (B) to assistance that is intended to reform the Palestinian Authority and affiliated institutions, or a newly elected Palestinian governing entity, in order to help meet the requirements contained in subparagraphs (A) through (H) of subsection (c)(2) or to address the matters described in subparagraphs (A) through (E) of section 5(2) of the Israeli-Palestinian Peace Enhancement Act of 2003. ``(2) Waiver.--The President may waive the limitation of the first sentence of paragraph (1) if the President determines and certifies to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate that it is vital to the national security interest of the United States to do so. ``(b) Congressional Notification.-- ``(1) In general.--Assistance made available under this Act or any other provision of law to a Palestinian state may not be provided until 15 days after the date on which the President has provided notice thereof to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and to the Committee on Foreign Relations and the Committee on Appropriations of the Senate in accordance with the procedures applicable to reprogramming notifications under section 634A(a) of this Act. ``(2) Sunset.--Paragraph (1) shall cease to be effective beginning ten years after the date on which notice is first provided under such paragraph. ``(c) Certification.--A certification described in this subsection is a certification transmitted by the President to Congress that-- ``(1) a Palestinian state exists and has been recognized by the United States and Israel and admitted to the United Nations; ``(2) a binding international peace agreement exists between Israel and the Palestinian state that-- ``(A) was freely signed by both parties; ``(B) guarantees both parties' commitment to a mutually agreed border between two states that constitutes a secure and internationally recognized boundary for both states, with no remaining territorial claims; ``(C) provides a permanent resolution for both Palestinian refugees and Jewish refugees from Arab countries; ``(D) provides for mutually agreeable arrangements on all remaining permanent status issues, including borders, settlements, water resources, and Jerusalem; and ``(E) includes a renunciation of all remaining claims through provisions that commit both sides to the end of the conflict; and ``(3) the new Palestinian government-- ``(A) has been democratically elected through free and fair elections, has exclusive authority and responsibility for governing the national affairs of the Palestinian state, and has achieved the reforms outlined by President Bush in his June 24, 2002, speech; ``(B) has completely renounced the use of violence against the State of Israel and its citizens, is vigorously attempting to prevent any acts of terrorism against Israel and its citizens, and punishes the perpetrators of such acts in a manner commensurate with their actions; ``(C) has dismantled, and terminated the funding of, any group within its territory that conducts terrorism against Israel; ``(D) is engaging in ongoing and extensive security cooperation with the State of Israel; ``(E) refrains from any officially sanctioned or funded statement or act designed to incite Palestinians or others against the State of Israel and its citizens; ``(F) has an elected leadership not compromised by terror; ``(G) has instituted clearly defined and agreed upon limits on its military; and ``(H) has no alliances or agreements that pose a threat to the security of the State of Israel. ``(d) Recertifications.--Not later than 90 days after the date on which the President transmits to Congress an initial certification under subsection (c), and every 6 months thereafter for the 10-year period beginning on the date of transmittal of such certification-- ``(1) the President shall transmit to Congress a recertification that the requirements contained in subsection (c) are continuing to be met; or ``(2) if the President is unable to make such a recertification, the President shall transmit to Congress a report that contains the reasons therefor. ``(e) Rule of Construction.--A certification under subsection (c) shall be deemed to be in effect beginning on the day after the last day of the 10-year period described in subsection (d) unless the President subsequently determines that the requirements contained in subsection (c) are no longer being met and the President transmits to Congress a report that contains the reasons therefor.''. SEC. 7. AUTHORIZATION OF ASSISTANCE TO A PALESTINIAN STATE. Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2351 et seq.), as amended by section 1506, is further amended by adding at the end the following new section: ``SEC. 620L. AUTHORIZATION OF ASSISTANCE TO A PALESTINIAN STATE. ``(a) Assistance.--The President is authorized to provide assistance to a Palestinian state in accordance with the requirements of this section. ``(b) Activities To Be Supported.--Assistance provided under subsection (a) shall be used to support activities within a Palestinian state to substantially improve the economy and living conditions of the Palestinians by, among other things, providing for economic development in the West Bank and Gaza, continuing to promote democracy and the rule of law, developing water resources, assisting in security cooperation between Israelis and Palestinians, and helping with the compensation and rehabilitation of Palestinian refugees. ``(c) Authorization of Appropriations.--Of the amounts made available to carry out chapter 4 of part II of this Act for a fiscal year, there are authorized to be appropriated to the President to carry out subsections (a) and (b) such sums as may be necessary for each such fiscal year. ``(d) Coordination of International Assistance.-- ``(1) In general.--Beginning on the date on which the President transmits to Congress an initial certification under section 620K(c), the Secretary of State shall-- ``(A) seek to convene one or more donors conferences to gain commitments from other countries, multilateral institutions, and nongovernmental organizations to provide economic assistance to Palestinians; ``(B) seek to ensure that such commitments to provide assistance are honored in a timely manner; ``(C) promote coordination of assistance among the United States and such other countries, multilateral institutions, and nongovernmental organizations; ``(D) monitor the assistance to ensure that the assistance provided to Palestinians is used for the purposes for which it was provided; and ``(E) seek to ensure that other countries, multilateral institutions, and nongovernmental organizations do not provide assistance to Palestinians through entities that are designated as terrorist organizations under United States law. ``(2) Annual reports.--Not later than 180 days after the date of the enactment of this section, and on an annual basis thereafter, the Secretary of State shall prepare and submit to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate a report that describes the activities undertaken to meet the requirements of paragraph (1). ``(3) Burdensharing.--Each report under paragraph (2) shall include a description of the amounts committed, and the amounts provided, to a Palestinian state or Palestinians during the reporting period by each country and organization.''.

Israeli-Palestinian Peace Enhancement Act of 2003 - Calls for: (1) any new Palestinian authority to take security-related steps to implement a road map to resolve the Israeli-Palestinian conflict; and (2) the U.S. Administration to work toward the two states living in peace within secure and internationally recognized boundaries. Expresses the sense of Congress that a Palestinian State should not be recognized until the President makes specified determinations, including that new leadership of a Palestinian governing entity, not compromised by terrorism, has been elected and has taken measures to counter terrorism and terrorist financing in the West Bank and Gaza. Amends the Foreign Assistance Act of 1961 to allow U.S. assistance to be provided to a Palestinian state only: (1) during the effective period of a presidential certification that a Palestinian state exists that has been recognized by the United States and Israel and admitted to the United Nations, that a binding international peace agreement exists between Israel and the Palestinian state, and that the new Palestinian Government has been democratically elected, has renounced violence against Israel, has dismantled any group that conducts terrorism against Israel, has instituted clearly agreed upon limits on its military, and has no agreements that threaten Israel's security; and (2) if the President has provided advance notice to Congress. Authorizes the President to provide assistance to a Palestinian State to improve the economy and living conditions of the Palestinians. Directs the Secretary of State to coordinate a program of international economic assistance to the Palestinians.

{"src": "billsum_train", "title": "A bill to enhance peace between the Israelis and Palestinians."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``1995 Special Olympics World Games Commemorative Coin Act''. SEC. 2. COIN SPECIFICATIONS. (a) One Dollar Silver Coins.-- (1) Issuance.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall issue not more than 800,000 $1 coins, which shall weigh 26.73 grams, have a diameter of 1.500 inches, and shall contain 90 percent silver and 10 percent copper. (2) Design.--The design of the coins issued under this Act shall be emblematic of the 1995 Special Olympics World Games. On each such coin there shall be a designation of the value of the coin, an inscription of the year ``1995'', and inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Legal Tender.--The coins issued under this Act shall be legal tender as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5132(a)(1) of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. SOURCES OF BULLION. The Secretary shall obtain silver for the coins minted under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 4. SELECTION OF DESIGN. The design for the coins authorized by this Act shall be selected by the Secretary after consultation with the 1995 Special Olympics World Games Organizing Committee, Inc. and the Commission of Fine Arts. As required by section 5135 of title 31, United States Code, the design shall also be reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF THE COINS. (a) Quality of Coins.--The coins authorized under this Act may be issued in uncirculated and proof qualities. (b) Mint Facility.--Not more than 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Commencement of Issuance.--The coins authorized under this Act shall be available for issue not later than January 15, 1995. (d) Sunset Provision.--No coins shall be minted under this Act after December 31, 1995. SEC. 6. SALE OF THE COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of the face value of the coins, the surcharge provided in subsection (d) with respect to such coins, and the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales at a reasonable discount. (c) Prepaid Orders.--The Secretary shall accept prepaid orders for the coins authorized under this Act prior to the issuance of such coins. Sales under this subsection shall be at a reasonable discount. (d) Surcharge Required.--All sales shall include a surcharge of $10 per coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. No provision of law governing procurement or public contracts shall be applicable to the procurement of goods or services necessary for carrying out the provisions of this Act. Nothing in this section shall relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. The total surcharges collected by the Secretary from the sale of the coins issued under this Act shall be promptly paid by the Secretary to the 1995 Special Olympics World Games Organizing Committee, Inc. Such amounts shall be used to-- (1) provide a world class sporting event for athletes with mental retardation; (2) demonstrate to a global audience the extraordinary talents, dedication, and courage of persons with mental retardation; and (3) underwrite the cost of staging and promoting the 1995 Special Olympics World Games. SEC. 9. AUDITS. The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the 1995 Special Olympics World Games Organizing Committee, Inc. as may be related to the expenditure of amounts paid under section 8. SEC. 10. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take all actions necessary to ensure that the issuance of the coins authorized by this Act shall result in no net cost to the United States Government. (b) Adequate Security for Payment Required.--No coin shall be issued under this Act unless the Secretary has received-- (1) full payment therefore; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.

1995 Special Olympics World Games Commemorative Coin Act - Directs the Secretary of the Treasury to issue one-dollar silver coins emblematic of the 1995 Special Olympics World Games. Mandates that the surcharges collected from the sale of such coins be paid to the 1995 Special Olympics World Games Organizing Committee, Inc.

{"src": "billsum_train", "title": "1995 Special Olympics World Games Commemorative Coin Act"}

SECTION 1. PURPOSE AND FINDINGS. (a) Purpose.--The purpose of this Act is to encourage greater cooperation between Department of Defense research and production facilities and United States industry in order to enhance their mutual technological and productive achievements. (b) Findings.--The Congress finds the following: (1) Department of Defense research and production facilities possess valuable technological resources that could greatly enhance the innovation and productivity of United States industries. (2) As leadership in the development of advanced technology increasingly shifts away from the defense sector of the United States economy to the commercial sector, the Department of Defense will have to draw on private sector technical expertise to satisfy defense needs. (3) Private industry and the Department of Defense have independently identified many of the same technologies as critical for their respective purposes, thereby creating opportunities for the cooperative development and production of dual-use technologies. (4) Department of Defense production and research facilities currently lack adequate incentives to carry out cooperative development activities with private industry and adequate means of measuring progress toward the goal of developing and producing more dual-use technologies. (5) Private industry must have more opportunities to provide input into Department of Defense research and production facilities in order for such facilities to undertake more research, development, and production relating to dual-use technologies. SEC. 2. FEDERAL DEFENSE LABORATORY DIVERSIFICATION PROGRAM. (a) Establishment of Program.--(1) The Secretary of Defense shall, as soon as practicable after the date of the enactment of this Act, establish a program to be known as the Federal Defense Laboratory Diversification Program (in this Act referred to as the ``Program'') for the diversification of Federal defense laboratories. (2) The laboratories covered by the Program shall include all Department of Defense (including its services and agencies) owned or operated laboratories and Department of Defense federally funded research and development centers that undertake more than $5,000,000 in research (in this Act referred to as the ``Defense laboratories''). (3) The Program shall be managed by the Director of Defense Research and Engineering. (b) Nature of Diversification Program Goals.--The Program shall undertake cooperation between Defense laboratories and private industry in order to-- (1) promote the development and application of dual-use manufacturing technologies to improve quality and efficiency in manufacture of both civilian and defense-oriented products; (2) promote the development and commercialization of dual- use product technologies; (3) promote the transfer of defense or dual-use technologies from laboratories to the private sector for the purpose of commercialization, through patent, royalty, and license agreements, cooperative research and development agreements, and other cooperative agreements and through symposia, meetings, and other mechanisms; and (4) promote the efficient adoption and adaptation of civilian manufacturing product and process technologies to defense needs in sectors critical to maintaining defense preparedness. (c) Development of Benchmarks for Program.--(1) The Director of Research and Engineering, in cooperation with each Defense laboratory and in consultation with private industry, shall develop benchmarks for each category of diversification activity described in subsection (b) for each Defense laboratory covered by this Act. The benchmarks established shall cover fiscal years 1993 through 1995 and include for each such fiscal year-- (A) the budget resources, manpower, and facilities to be utilized by each laboratory; and (B) the dollar value of patents, royalties, and licenses broken down by product or SIC code to be sought and pursued by each laboratory, in implementing the Program. (2) In establishing the benchmark under paragraph (1)(A) for all Defense laboratories covered by the Program, the Director shall establish benchmarks concerning the number and value of cooperative research and development agreements and other cooperative agreements to be established and undertaken, allocating, as appropriate, a minimum of two to five percent of budget to such cooperative work within two years of the establishment of the Program. (3) Program benchmarks shall be established not later than 180 days after the date of the enactment of this Act. Upon establishment of the benchmarks, each Defense laboratory shall promptly proceed to implement same within its overall budget and utilizing other funds that may be available for implementation of this Act. (4) Benchmarks shall be updated each fiscal year on an ongoing basis. (d) Industry Cooperation Mechanisms.--Each Defense laboratory participating in the Program shall establish an industry and academic advisory panel to promote cooperation between the laboratory and the private sector in carrying out the Program. Each laboratory shall utilize its panel to oversee the development of each year's research plan and the implementation of the Program and its benchmarks and to provide advice on how to enhance the dual-use properties of the laboratory's research work on a project-by-project basis. (e) Reports by Director.--(1) Not later than September 30, 1993, the Director of Research and Engineering shall submit to Congress a report on-- (A) the results of a survey undertaken by the Director delineating the nature of the research being undertaken at each laboratory included in the Program, evaluating the potential of each laboratory included in the Program to achieve the elements specified in subsection (b); and (B) recommendations on how each such laboratory might become better oriented to achieving such Program elements. (2) Not later than each of September 30 of 1994, 1995, and 1996, the Director shall submit to Congress a report on-- (1) the extent to which each laboratory participating in the Program has effectively implemented the benchmarks established by the Program; (2) the accomplishments under the Program in achieving the elements described in subsection (b); and (3) the steps the Director believes necessary to improve the effectiveness of the Program. SEC. 3. INDUSTRY EVALUATION. (a) In General.--The Director of the Office of Technology Assessment shall, subject to the approval of the Technology Assessment Board, undertake, in close consultation with industrial firms that have cooperated and worked with Federal laboratories, an evaluation of practices and procedures that have proven effective in promoting the elements of the Program set forth in section 1(b), both in laboratories covered by the Program and elsewhere. (b) Additional Evaluation.--In addition to the evaluation under subsection (a), the Director shall-- (1) evaluate the effectiveness of the Program in achieving optimal cooperation with private industry in meeting the elements set forth in section 1(b); and (2) make recommendations for any improvements in practices and procedures for cooperating with industry that should be implemented. (c) Submittal Date.--The evaluations required under this section shall be submitted not later than 24 months after the date of the enactment of this Act. (d) Utilization of Report Information.--The Director of Research and Engineering shall utilize the recommendations and results of such study in ongoing implementation of the Program.

Requires the Secretary of Defense to establish the Federal Defense Laboratory Diversification Program. Directs the Program to undertake cooperation between Defense laboratories and private industry to promote the development and application of dual-use manufacturing technologies to improve quality and efficiency in the manufacture of both civilian and defense-oriented products and technologies.

{"src": "billsum_train", "title": "A bill to provide for a program for the diversification of the activities of certain Federal laboratories."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Recreational Shooting Protection Act''. SEC. 2. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the Bureau of Land Management. (2) Federal public land.--The term ``Federal public land'' means any Federal land that is-- (A) publicly accessible; (B) under the jurisdiction of and administered by the Bureau of Land Management; and (C) managed for purposes that include the conservation of natural resources. (3) Range technical advisor.--The term ``Range Technical Advisor'' means a person designated by the Director who has experience as a technical advisor for shooting range development, design, or operations. (4) Recreational shooting.--The term ``recreational shooting'' means any form of shooting sport or pastime, formal or informal, by whatever name known, including (but not limited to) target and practical rifle, pistol and shotgun shooting, archery, trap, skeet, and sporting clays. SEC. 3. RECREATIONAL SHOOTING. (a) In General.--Subject to valid existing rights, Federal public land shall be open to access and use for recreational shooting except as limited by the Director for one or more of the following: (1) Reasons of national security. (2) Reasons of public safety, based on the written recommendation of a Range Technical Advisor. (3) To comply with applicable Federal law. (4) To comply with a law (including regulations) of the State in which the Federal public land is located that is applicable to recreational shooting. (b) Management.--Consistent with subsection (a), the Director shall manage Federal public land-- (1) in a manner that supports, promotes, and enhances recreational shooting opportunities; (2) to the extent authorized under State law (including regulations); and (3) in accordance with applicable Federal law (including regulations). (c) No Net Loss.-- (1) In general.--Federal public land management decisions and actions shall, to the maximum extent practicable, result in no net loss of land area available for recreational shooting on Federal public land. If any Federal public land is permanently closed to recreational shooting, new acres of Federal public land of comparable size and a reasonable distance from the closed location shall be designated for recreational shooting and be opened for a number of user-days equal to those available at the closed area. (2) Annual report.--Not later than October 1 of each year, the Director shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes-- (A) any Federal public land that was closed to recreational shooting at any time during the preceding year; (B) the reason for the closure; and (C) Federal public land that was opened to recreational hunting to compensate for the closure of the areas described in subparagraph (A). (3) Closures.--The withdrawal, change of classification, or change of management status that effectively permanently closes Federal public land to access or use for recreational shooting shall take effect only if, before the date of withdrawal or change, the Director submits to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate written notice of the withdrawal or change, unless such closure is necessary immediately for reasons of public safety, as certified by the Range Technical Advisor, or national security. (d) No Priority.--Nothing in this Act requires the Director to give preference to recreational shooting over other uses of Federal public land or over land or water management priorities established by Federal law. (e) Authority of the States.-- (1) Savings.--Nothing in this Act affects the authority, jurisdiction, or responsibility of a State to manage, control, or regulate fish and wildlife under State law (including regulations) on land or water in the State, including Federal public land. (2) Federal licenses.--Nothing in this Act authorizes the Director to require a license for recreational shooting on land or water in a State, including on Federal public land in the State. (3) State right of action.-- (A) In general.--Any State aggrieved by the failure of the Director to comply with this Act may bring a civil action in the United States District Court for the district in which the failure occurs for a permanent injunction. (B) Preliminary injunction.--If the district court determines, based on the facts, that a preliminary injunction is appropriate, the district court may grant a preliminary injunction. (C) Court costs.--If the district court issues an injunction under this paragraph or otherwise finds in favor of the State, the district court shall award to the State any reasonable costs of bringing the civil action (including an attorney's fee).

Recreational Shooting Protection Act - Declares that, federal public land shall be open to access and use for recreational shooting, except as limited by the Director of the Bureau of Land Management (BLM) for one or more of the following: (1) reasons of national security; (2) reasons of public safety; (3) to comply with applicable federal law; or (4) to comply with a law (including regulations) of the state in which the land is located that is applicable to recreational shooting. Requires management of federal public land in a manner that supports, promotes, and enhances recreational shooting opportunities. Provides that, federal public land management decisions and actions, shall to the maximum extent practicable, result in no net loss of land area available for recreational shooting on federal public land. Requires that, if any federal public land is permanently closed to recreational shooting, new acres of federal public land of comparable size and a reasonable distance from the closed location be designated for recreational shooting and be opened for the number of user-days equal to those available at the closed area. Requires the Director to submit annual reports describing: (1) any federal public land that was closed to recreational shooting; (2) the reason for the closure; and (3) federal public land that was opened to recreational hunting so as to compensate for the closure of such land. Permits states a right of action for failure of the Director to comply with this Act.

{"src": "billsum_train", "title": "To provide opportunities for continued recreational shooting on certain Federal public land."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Exemption Relief Act of 2009''. SEC. 2. ELECTION OF COVERAGE FOR CERTAIN NONCOVERED EMPLOYEES. (a) In General.--Section 210 of the Social Security Act (42 U.S.C. 410)) is amended by adding at the end the following new subsection: ``Inclusion of Service Under Elections Made by Certain Noncovered Employees ``(s) Notwithstanding any other provision of this section, the term `employment' shall include any service with respect to which an election under section 3121(k)(2) of the Internal Revenue Code of 1986 applies.''. (b) Election.--Section 3121 of the Internal Revenue Code of 1986 (definitions applicable to tax under Federal Insurance Contributions Act) is amended by inserting after subsection (j) the following new subsection: ``(k) Optional Inclusion of Coverage of Service of Certain Noncovered Employees.-- ``(1) Inclusion of service as employment.--Notwithstanding any other provision of this section, the term `employment' shall for purposes of this chapter include any service with respect to which an election under paragraph (2) applies. ``(2) Election of inclusion.-- ``(A) In general.--Any individual whose service for any employer is excluded from `employment' under subsection (b) may, at his option, elect-- ``(i) to have any such service performed by him, during pay periods commencing after 30 days after the date of such election, included as `employment', ``(ii) to be subject to the taxes imposed by section 3101 for such taxable year with respect to such service, and ``(iii) to have the employer subject to the tax under section 3111 for such taxable year with respect to such service. ``(B) Applicability of election.--An election made by an individual under this paragraph-- ``(i) shall apply with respect to all service performed by such individual for the employer described in subparagraph (A) during pay periods described in subparagraph (A)(i) to the extent that such service would not constitute `employment' for purposes of this chapter but for this subsection, and ``(ii) shall be irrevocable. ``(C) Requirement of minimum annual remuneration.-- An election made by an individual under this paragraph shall take effect only if such individual has received remuneration in the amount of at least $400 for service of the type to which the election applies which was performed by such individual for the employer described in subparagraph (A) during the taxable year in which the election is made. ``(D) Manner of election.-- ``(i) In general.--An election by an individual under this paragraph may be made only in such form and manner as shall be prescribed by the Secretary, in consultation with the Commissioner of Social Security, including timely written notice of the election provided by the employee to the employer. ``(ii) Declaration of minimum annual remuneration.--An election shall not be treated as made in accordance with clause (i) unless the election includes a written declaration by the employee, in such form as shall be prescribed by the Secretary, that the requirements of subparagraph (C) have been met in connection with the election. ``(3) Regulations.--The Secretary, in consultation with the Commissioner of Social Security, shall prescribe such regulations as may be necessary or appropriate to carry out this subsection. Such regulations shall-- ``(A) establish procedures to deal with any administrative or other problems which may result from elections made under this subsection; ``(B) provide for the interchange of information between the Secretary and the Commissioner; and ``(C) include such other provisions, conditions, and requirements as may be necessary or appropriate for the administration of this subsection and the related provisions of title II of the Social Security Act.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply only with respect to service performed in taxable years beginning after 90 days after the date of the enactment of this Act.

Social Security Exemption Relief Act of 2009 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act and the Internal Revenue Code to allow an employee, whose employment is not otherwise covered for Social Security benefit purposes (as in the case of an independent contractor), to elect irrevocably to have that employment treated as so covered and the employer be subject to Social Security taxes.

{"src": "billsum_train", "title": "To amend title II of the Social Security Act and the Internal Revenue Code of 1986 to provide that an employee whose employment for an employer is not otherwise covered for social security benefit purposes may irrevocably elect to have his or her employment with such employer treated as so covered and subject to social security taxes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Angie Fatino Save Our Children from Meth Act of 2005''. SEC. 2. SCHEDULES OF CONTROLLED SUBSTANCES; TRANSFER OF EPHEDRINE, PSEUDOEPHEDRINE, AND PHENYLPROPANOLAMINE TO SCHEDULE V. (a) In General.--The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended by inserting after section 202 the following section: ``SEC. 202A. SCHEDULING OF EPHEDRINE, PSEUDOEPHEDRINE, AND PHENYLPROPANOLAMINE. ``(a) Schedule V.--With respect to schedule V of the schedules of controlled substances established under section 202(c), the Attorney General shall by regulation, not later than 90 days after the date of the enactment of the Angie Fatino Save Our Children from Meth Act of 2005, transfer to such schedule the following chemicals, subject to subsection (b): ``(1) Ephedrine. ``(2) Pseudoephedrine. ``(3) Phenlypropanolamine. ``(4) Each of the salts, optical isomers, and salts of optical isomers of the chemicals specified in paragraphs (1) through (3). ``(b) Pseudoephedrine in Certain Products; Continued Regulation as List I Chemical.--Subject to the authority of the Attorney General under this Act to designate substances as controlled substances or listed chemicals: ``(1) Subsection (a) does not apply to pseudoephedrine when contained in a product that-- ``(A) is in the form of a liquid, liquid capsule, or liquid-filled gel capsule; ``(B) does not contain more than 360 milligrams of pseudoephedrine; and ``(C) is approved under section 505 of the Federal Food, Drug, and Cosmetic Act. ``(2) Pseudoephedrine, when contained in such a product, shall be considered a list I chemical.''. (b) Definitions.--Section 102 of the Controlled Substances Act (21 U.S.C. 102) is amended by adding at the end the following paragraph: ``(46)(A) The term `pseudoephedrine' includes each of the salts, optical isomers, and salts of optical isomers of pseudoephedrine. ``(B) The term `schedule V pseudoephedrine product' means a product that contains pseudoephedrine and-- ``(i) is not a list I pseudoephedrine product; and ``(ii) is approved under section 505 of the Federal Food, Drug, and Cosmetic Act. ``(C) The term `list I pseudoephedrine product' means a product that contains pseudoephedrine and is described in section 202A(b)(1).''. SEC. 3. REGULATION OF PSEUDOEPHEDRINE AS LIST I CHEMICAL; EXCEPTIONS FROM DEFINITION OF REGULATED TRANSACTION; CONFORMING AMENDMENTS REGARDING SCHEDULE V PRODUCTS. (a) In General.--Section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended-- (1) in paragraph (39)(A), by amending clause (iv) to read as follows: ``(iv)(I) subject to to subclause (II), any transaction in a listed chemical that is contained in a drug that may be marketed or distributed lawfully in the United States under the Federal Food, Drug, and Cosmetic Act unless-- ``(aa) the Attorney General has determined under section 204 that the drug or group of drugs is being diverted to obtain the listed chemical for use in the illicit production of a controlled substance; and ``(bb) the quantity of the listed chemical contained in the drug included in the transaction or multiple transactions equals or exceeds the threshold established for that chemical by the Attorney General; or ``(II) any transaction in a list I pseudoephedrine product, unless the Attorney General has determined under section 204 that the product is being diverted to obtain pseudoephedrine for use in the illicit production of a controlled substance; or''; (2) by striking paragraph (45); and (3) by redesignating the paragraph (46) that relates to retail distributor as paragraph (45). (b) Conforming Amendment.--Section 310(b)(3)(D)(ii) of the Controlled Substances Act (21 U.S.C. 830(b)(3)(D)(ii)) is amended by striking ``102(46)'' and inserting ``102(45)''. SEC. 4. RESTRICTIONS ON NONPRESCRIPTION RETAIL SALES OF PSEUDOEPHEDRINE PRODUCTS. (a) List I and Schedule V Products; Registration Conditions.-- Section 303 of the Controlled Substances Act (21 U.S.C. 823) is amended by adding at the end the following subsection: ``(i)(1) With respect to list I pseudoephedrine products, a registration under this section that includes authority for the sale of such products at retail (including a registration for a pharmacy) shall provide that, for the general physical location for which the registration is issued, the registration is subject to the following conditions: ``(A) In offering the products for sale, the registrant places the products such that customers do not have direct access to the products (commonly known as behind the counter). ``(B) The registrant does not sell such a product that is in the form of a package that can be further broken down or subdivided into two or more separate and distinct packages. ``(C) The registrant does not knowingly sell to an individual more than one such product during a 24-hour period. ``(D) The registrant maintains a written list of sales of such products that identifies the products, the purchasers, and the dates and times of the sales (which list is referred to in this subsection as the `logbook'). ``(E) The registrant does not sell such a product unless-- ``(i) the prospective purchaser-- ``(I) is 18 years of age or older; ``(II) presents an identification card that provides a photograph and is issued by a State or the Federal Government; and ``(III) legibly signs the logbook and prints in the logbook his or her name, address, and the date and time of the sale; and ``(ii) the registrant determines that the name signed and printed in the logbook corresponds to the name provided on such identification and that the date and time entered are correct. ``(F) After a volume of the logbook is full, the registrant maintains possession of the volume for not fewer than 12 months after the date of the last sale entered in the logbook. ``(G) The registrant does not offer a promotion in which, as part of a purchase transaction, such a product is provided without charge. ``(H) On the premises of the location, the registrant posts a clear and conspicuous notice providing as follows: `Federal law prohibits the over-the-counter purchase of more than one product containing pseudoephedrine in a 24-hour period, and prohibits the over-the-counter purchase of more than 7,500 milligrams of pseudoephedrine within a 30-day period. If you make an over-the-counter purchase of such a product, you are required to sign a logbook that may be accessible to law enforcement officers.'. ``(2) With respect to schedule V pseudoephedrine products that do not require prescriptions, a registration under this section for a pharmacy shall provide that, for the general physical location involved, the registration is subject to the following conditions: ``(A) The registrant does not dispense such a product unless-- ``(i) the prospective purchaser is 18 years of age or older; and ``(ii) in any case in which the prospective purchaser is not known to the pharmacist involved, such purchaser presents an identification card that provides a photograph, is issued by a State or the Federal Government, and indicates the age of such purchaser. ``(B) The registrant maintains a record for the dispensing of such a product that contains, for each sale of the product-- ``(i) the name and address of the purchaser; ``(ii) the name and quantity of the product purchased; ``(iii) the date of the purchase; and ``(iv) the name or unique identification of the pharmacist involved. ``(C) The record under subparagraph (B) is in one or more of the following forms: ``(i) A hard-copy record. ``(ii) A record in an electronic prescription- dispensing system. ``(iii) A record in an electronic data collection system that contains the information required in this subparagraph and that is capable of producing a hard- copy printout of the record.''. (b) Penalties.--Section 402(a) of the Controlled Substances Act (21 U.S.C. 842(a)) is amended-- (1) in paragraph (10), by striking ``or'' after the semicolon at the end; (2) in paragraph (11), by striking the period at the end and inserting ``; or''; and (3) by inserting after paragraph (11) the following paragraph: ``(12) who is a registrant to violate any of the registration conditions described in section 303(i) (relating to the sale of list I and schedule V pseudoephedrine products).''. SEC. 5. RESTRICTIONS ON PURCHASES OF PSEUDOEPHEDRINE. Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)) is amended by inserting after the second sentence the following: ``It shall be unlawful for any person to knowingly or intentionally purchase at retail without a prescription more than one list I pseudoephedrine product during a 24-hour period, or to knowingly or intentionally purchase such a product at retail without legibly signing the appropriate logbook referred to in section 303(i)(1)(D). It shall be unlawful for any person to knowingly or intentionally purchase at retail without a prescription more than 7,500 milligrams of pseudoephedrine in list I or schedule V pseudoephedrine products during a 30-day period.''.

Angie Fatino Save Our Children from Meth Act of 2005 - Amends the Controlled Substances Act to direct the Attorney General to transfer to schedule V ephedrine, pseudoephedrine, and phenylpropanolamine. Makes this provision inapplicable with respect to pseudoephedrine when contained in a product that is in a liquid, liquid capsule, or liquid-filled gel capsule, that does not contain more than 360 milligrams of pseudoephedrine, and that is approved under the Federal Food, Drug, and Cosmetic Act (pseudoephedrine contained in such product shall then be considered a list I chemical). Revises the definition of "regulated transaction" to exclude specified transactions involving drugs or products that the Attorney General determines are being diverted for illicit purposes. Places restrictions on the sale of list I and schedule V pseudoephedrine products. Requires a registrant of list I products to: (1) place the products where the customers do not have direct access to them; (2) maintain a sales logbook that identifies the products, purchasers, dates, and times of sales; and (3) not sell such a product to persons under age 18. Prohibits a registrant of schedule V products that do not require prescriptions from dispensing such a product to a prospective purchaser under age 18. Sets penalties for violations. Prohibits any person from knowingly or intentionally purchasing at retail: (1) more than one list I pseudoephedrine product during a 24-hour period without a prescription; (2) more than 7,500 milligrams of pseudoephedrine in list I or schedule V products during a 30-day period without a prescription; or (3) such a list I product without legibly signing the appropriate logbook.

{"src": "billsum_train", "title": "To amend the Controlled Substances Act to provide for the transfer of ephedrine, pseudoephedrine, and phenylpropanolamine to schedule V of the schedules of controlled substances, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Based Independence for Seniors Act of 2015''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Community-based services play an essential role in keeping individuals healthy. (2) Without community-based long-term services and supports, which are not typically covered by Medicare, seniors frequently experience negative health outcomes and lose their ability to live independently. (3) Seniors who deplete their resources often have no option but to turn to Medicaid for coverage of long-term care expenses. (4) Targeting community-based services and supports to at- risk seniors can help these individuals avoid depleting their assets and becoming Medicaid dependent. SEC. 3. COMMUNITY-BASED INSTITUTIONAL SPECIAL NEEDS PLAN DEMONSTRATION. Part C of title XVIII of the Social Security Act is amended by inserting after section 1859 (42 U.S.C. 1395w-28) the following new section: ``SEC. 1859A. COMMUNITY-BASED INSTITUTIONAL SPECIAL NEEDS PLAN DEMONSTRATION. ``(a) Establishment.-- ``(1) In general.--The Secretary shall establish a Community-Based Institutional Special Needs Plan demonstration program (in this section referred to as the `CBI-SNP demonstration program') to provide home and community-based care to eligible Medicare beneficiaries. ``(2) Agreements.--The Secretary shall enter into agreements with eligible MA organizations under which such organizations shall offer eligible MA plans under the CBI-SNP demonstration program to eligible Medicare beneficiaries. ``(3) Limitation on number of plans.--The CBI-SNP demonstration program shall be carried out with respect to not greater than five MA plans. ``(4) Eligible ma plans defined.--For purposes of this section, the term `eligible MA plan' means a plan that, in addition to items and services for which coverage is otherwise provided under this part (including benefits under section 1852(a)(3) and notwithstanding any waivers under section 1915(c)), provides for coverage of long-term care services and supports that the Secretary determines appropriate for the purposes of the CBI-SNP demonstration program, such as-- ``(A) homemaker services; ``(B) home delivered meals; ``(C) transportation services; ``(D) respite care; ``(E) adult day care services; and ``(F) safety and other equipment not otherwise covered under this title. ``(b) Eligible MA Organizations.--For purposes of this section, the term `eligible MA organization' means an MA organization that-- ``(1) has experience in offering specialized MA plans for special needs individuals, as defined in section 1859(b)(6)(A), to individuals who live in the community in which the eligible MA plan is offered; ``(2) has experience working with low-income seniors groups; ``(3) is located in a State that the Secretary has determined is able to participate in the CBI-SNP demonstration program by agreeing to make available data necessary for purposes of conducting the independent evaluation required under subsection (h); and ``(4) meets such other criteria as the Secretary may require. ``(c) Eligible Medicare Beneficiary Defined.--In this section, the term `eligible Medicare beneficiary' means a Medicare beneficiary who-- ``(1) is eligible to enroll in an eligible MA plan under the CBI-SNP demonstration program; ``(2) is a subsidy eligible individual (as defined in section 1860D-14(a)(3)(A)); ``(3) is not eligible to receive benefits under title XIX; ``(4) is unable to perform 2 or more activities of daily living (as defined in section 7702B(c)(2)(B) of the Internal Revenue Code of 1986); and ``(5) is age 65 or older. ``(d) Payments.--The Secretary shall establish a benchmark payment amount for reimbursing eligible MA organizations offering eligible MA plans under the CBI-SNP demonstration program for benefits covered under such program (and not otherwise covered under part C) and provided to eligible Medicare beneficiaries under such plans. Such payments shall be in addition to payments otherwise made to such organization with respect to such plans under part C. ``(e) Special Election Period.--Notwithstanding sections 1852(e)(2)(C) and 1860D-1(b)(1)(B)(iii), an eligible Medicare beneficiary may, other than during the annual, coordinated election periods under such sections-- ``(1) discontinue enrollment in an MA plan not participating in the CBI-SNP demonstration program and enroll in an MA plan participating in such program; and ``(2) discontinue enrollment under the original medicare fee-for-service program under parts A and B and the enrollment in a prescription drug plan under part D and enroll in an MA plan participating in the CBI-SNP demonstration program. ``(f) Beneficiary Education.--The Secretary shall help to educate, through State Health Insurance Assistance Programs and other organizations that assist seniors with respect to benefits and enrollment under this title, eligible Medicare beneficiaries on the availability of the CBI-SNP demonstration program. ``(g) Implementation.-- ``(1) Deadline.--The CBI-SNP demonstration program shall be implemented not later than January 1 of the second year beginning after the date of the enactment of this section. ``(2) Duration.--Subject to paragraph (3), the CBI-SNP demonstration program shall be conducted for a period of five years. ``(3) Extension or expansion.--Taking into account the report under subsection (h)(2), the Secretary may, through rulemaking, expand (including implementation on a nationwide or permanent basis) the duration or the scope CBI-SNP demonstration program to the extent determined appropriate by the Secretary, unless the Secretary determines that such expansion is expected to-- ``(A) increase aggregate expenditures under this title and title XIX with respect to eligible Medicare beneficiaries participating in the CBI-SNP demonstration program; or ``(B) decrease the quality of health care services furnished to eligible Medicare beneficiaries participating in the CBI-SNP demonstration program. ``(h) Independent Evaluation and Reports.-- ``(1) Independent evaluation.-- ``(A) In general.--The Secretary shall provide for the evaluation of the CBI-SNP demonstration program by an independent third party. ``(B) Evaluation objectives.--Such evaluation shall determine the extent to which the CBI-SNP demonstration program has resulted in-- ``(i) improved patient care; ``(ii) reduced hospitalizations or rehospitalizations; ``(iii) reduced or delayed nursing facility admissions and lengths of stay under title XIX; ``(iv) reduced spend down of income and assets for purposes of becoming eligible for medical assistance under a State plan under title XIX; ``(v) improved quality of life for the eligible Medicare beneficiaries enrolled in an eligible MA plan participating in the CBI-SNP demonstration program; and ``(vi) improved caregiver satisfaction. ``(C) Evaluation process.--Such evaluation shall be completed in accordance with the following process: ``(i) The Secretary shall, prior to the implementation of such program, establish goals for such program with respect to the evaluation objectives described in subparagraph (B) and criteria for measuring the extent to which an eligible MA plan participating in the CBI-SNP demonstration program meets such goals. ``(ii) The Secretary shall implement clear data collection and reporting requirements for such eligible MA plans in order to carry out such evaluation. In carrying out such process, the Secretary shall recognize that definitions, benefits, and program requirements for long-term care services and supports vary across States. ``(2) Reports.--Not later than four years after the implementation of the CBI-SNP demonstration program, the Secretary shall submit to Congress a report containing the results of the evaluation conducted under paragraph (1), together with such recommendations for legislative or administrative action as the Secretary determines appropriate. In preparing such report, the Secretary shall use at least three years worth of data under the demonstration program. ``(i) Budget Neutrality.--For any year after the third year of the CBI-SNP demonstration program, the Secretary shall ensure that the aggregate payments made under this title and title XIX, including under the demonstration program, do not exceed the amount which the Secretary estimates would have been expended under such titles during such year if the CBI-SNP demonstration program had not been implemented. ``(j) Paperwork Reduction Act.--Chapter 35 of title 44, United States Code, shall not apply to the testing and evaluation of the CBI- SNP demonstration program.''.

Community Based Independence for Seniors Act of 2015 This bill amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to establish a Community-Based Institutional Special Needs Plan demonstration program to provide home and community-based care to eligible Medicare beneficiaries age 65 or older.

{"src": "billsum_train", "title": "Community Based Independence for Seniors Act of 2015"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Violence Reduction Training Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Domestic violence and sexual assault represent serious threats to the health and well-being of millions of women in the United States. (2) Violence against women has serious health consequences for its victims, including fatality, severe trauma, repeated physical injuries, and chronic stress-related disorder. (3) Violence against women has serious mental health consequences for its victims, including substance abuse, severe psychological trauma, and suicide. (4) Approximately 4,000,000 women in the United States are victims of domestic violence each year. (5) One of two women is a victim of domestic violence or sexual assault during her lifetime. (6) Battering is the leading cause of injury to women. (7) It has been estimated that 1 in 6 pregnant women are battered, resulting in increased rates of miscarriage, stillbirths, and low-birthweight babies. (8) Domestic violence may account for as much as one-third of emergency-room visits by women, an annual total of approximately 28,700 such visits. (9) Estimates based on the National Crime Survey provide that domestic violence accounts for 21,000 hospitalizations, 99,800 days of hospitalization, and 39,900 visits to a physician each year. (10) Fewer than 5 percent of injured women are correctly diagnosed by medical personnel as being victims of domestic violence. (11) Hospitals and clinics do not have a uniform set of protocols for the identification and referral of victims of domestic violence and sexual assault, or for the training of health care professionals to perform such functions. (12) A national surveillance system for monitoring the health effects of domestic violence and sexual assault should be established to determine the nature and extent of such violence and assault in the United States. (13) The Surgeon General has identified domestic violence as a public health problem to which all health care providers must actively and vigorously respond. (14) Estimates of the percentage of male batterers who also abuse their children range from 50 percent to 75 percent. SEC. 3. ESTABLISHMENT OF CERTAIN HEALTH PROGRAMS REGARDING DOMESTIC VIOLENCE AND SEXUAL ASSAULT. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.), as amended by section 308 of Public Law 102-531 (106 Stat. 3495), is amended by inserting after section 317D the following section: ``health programs regarding domestic violence and sexual assault ``Sec. 317E. (a) Demonstration Projects for Identification and Referrals of Victims.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants, contracts and cooperative agreements to public and nonprofit private entities for the purpose of carrying out demonstration projects in which health care providers are trained to-- ``(A) appropriately interview and identify individuals whose medical condition or statements indicate that the individuals are victims of domestic violence or sexual assault; and ``(B) refer the individuals to entities that provide services regarding such violence and assault, including referrals for counseling, housing (including temporary housing), legal services, and services of community organizations. ``(2) Application.--A grant, contract or cooperative agreement may not be made or entered into under this section unless an application for such grant, contract or agreement has been submitted to and approved by the Secretary. ``(3) Approval.--A grant, contract or cooperative agreement under this section shall be awarded in accordance with such regulations as the Secretary may promulgate. To be approved by the Secretary, an application submitted under paragraph (2) shall-- ``(A) demonstrate that the applicant intends to use protocols developed by or under development by entities with demonstrated expertise in domestic violence or sexual assault; and ``(B) demonstrate that, in providing such training, the applicant is willing to work with local groups that have expertise in treatment and prevention of domestic violence and sexual assault. ``(4) Considerations.--In awarding a grant, contract or cooperative agreement under this section, the Secretary shall take into account-- ``(A) the number of health care providers to be trained; ``(B) the diversity of health care providers to be trained; and ``(C) the extent to which a hospital is actively complying with the standards of the Joint Commission on Accreditation of Hospitals and Organizations to promote improved recognition and treatment of possible victims of abuse in hospitals, emergency departments, and ambulatory care units, when training hospital-based health care providers. ``(5) Reports.--The Secretary may award a grant, contract or cooperative agreement under paragraph (1) only if the applicant for the grant, contract or cooperative agreement agrees to submit to the Secretary a report describing the activities of the project under such paragraph for the fiscal year for which the grant, contract or cooperative agreement is awarded. ``(b) Public Education.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall carry out a program to educate health care providers and the public on the consequences to the public health of domestic violence and sexual assault. ``(c) Epidemiological Research.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall provide for the conduct of epidemiological research on domestic violence and sexual assault. In providing for such research, the Secretary shall ensure that, with respect to such violence and assault, data is collected on-- ``(A) the incidence of cases and the effect of the cases on the costs of health care in the United States; ``(B) the type and severity of injuries sustained and the type and severity of any other resulting health conditions; ``(C) the extent to which victims seek treatment, including a comparison of the incidence of cases with the incidence of seeking treatment; ``(D) a description of common circumstances influencing victims not to seek treatment; ``(E) the types of medical facilities and health care providers from which victims seek treatment; and ``(F) the demographic characteristics of the individuals from whom data described in subparagraphs (A) through (E) is collected. ``(2) National system.--In carrying out paragraph (1), the Secretary shall cooperate with the States for the purpose of establishing, to the extent practicable, a national system for the collection of data regarding domestic violence and sexual assault. ``(3) Confidentiality.--Standards of confidentiality under section 308(d) shall apply to data collected under paragraph (1) to the same extent and in the same manner as such section applies to information obtained under section 304, 306, or 307. ``(4) Report.--Not later than February 1, 1996, and every 2 years thereafter, the Secretary shall submit to the Congress a report summarizing the data collected under paragraph (1) for the preceding 2 years. ``(c) Authorization of Appropriations.-- ``(1) In general.--For the purpose of carrying out this section, there are authorized to be appropriated $20,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 through 1997. ``(2) Allocation for demonstration projects.--Of the amounts appropriated under paragraph (1) for a fiscal year, the Secretary shall make available not less than 60 percent for grants, contracts or cooperative agreements under subsection (a).''.

Violence Reduction Training Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to award grants to entities for demonstration projects in which health care providers are trained to: (1) interview and identify victims of domestic violence or sexual assault; and (2) refer such victims to entities providing treatment services. Directs the Secretary to carry out a program to educate health care providers and the public concerning domestic violence and assault. Provides for the conduct of epidemiological research on domestic violence and assault.

{"src": "billsum_train", "title": "Violence Reduction Training Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Patient Access to Cancer Treatment Act of 2013''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) The National Cancer Institute estimates that approximately 13.7 million Americans with a history of cancer were alive on January 1, 2012. (2) About 8 million of the 13.7 million Americans living with cancer are over age 65, and approximately half of cancer care spending is associated with Medicare beneficiaries. (3) National spending on cancer care in 2010 is estimated at $125 billion. (4) In 2011, the National Cancer Institute released projections of the cost of cancer care in the United States, finding the total cost of cancer care in 2020 is expected to be $206 billion. (5) In a 2010 study, Milliman reported that in 2007 a cancer patient receiving chemotherapy incurred average costs of approximately $111,000, three times the cost of a coronary artery disease patient, and six times the cost of a diabetes patient. (6) Over the last several years, the United States has been touted as world leader in providing high-quality cancer care. (7) United States cancer survival rates are higher than the average in Europe and Canada for 13 of 16 types of cancer. (8) Until recently, over 80 percent of United States cancer patients received care in the community setting. (9) Over the past several years, the country has experienced a significant shift of outpatient cancer care delivery from the physician's office to the hospital outpatient department. (10) Reports show that over the past six years, 43 community practices have started referring all of their patients elsewhere for treatment, 288 oncology office locations have closed, 131 practices have merged or were acquired by a corporate entity other than a hospital, and 469 oncology groups have entered into an employment or professional services agreement with a hospital. (11) Over 1,000 clinics or practices have been impacted over the last 3 years out of a population of only 6,000 oncologists in community practice in the United States. (12) A 2013 study published by The Moran Company (``Moran study'') found that, between 2005 and 2011, there was a 150 percent increase in administered chemotherapy in the hospital outpatient setting for Medicare fee-for-service beneficiaries (increasing from 13.5 percent in 2005 to 33.0 percent in 2011) as compared to administration in physician community cancer clinics. (13) The Moran study found that, in 2005, almost 87 percent of Medicare patients were receiving their care in the community setting, by 2011 only 67 percent were utilizing the community setting. (14) The Moran study reports that Medicare payments for chemotherapy administered in hospital outpatient settings have more than tripled since 2005 (from $90 million to $300 million) while payments to physician community cancer clinics have actually decreased by 14.5 percent. (15) The Medicare physician fee schedule rate in 2012 for CPT Code 96413 (Chemo, iv infusion, 1 hr), the most common drug administration code billed by oncology practices, is $139 but the payment rate for the same service under the Medicare hospital outpatient prospective payment system (HOPPS) fee schedule in 2012 is 50 percent higher at $208. (16) Utilization-weighted Medicare payment for infusion services is approximately 55 percent higher at the hospital outpatient department than in a physician's office. (17) Medicare proposed in 2012 to pay hospital outpatient departments 25 percent more for radiation therapy services than for the same services performed in physicians' offices, including a 70 percent differential for intensity modulated radiation treatment (IMRT) and a 188 percent differential for stereotactic body radiation therapy delivery (SBRT). (18) One third of hospitals in the United States purchase chemotherapy drugs through the section 340B program at a discount of up to 50 percent, resulting in a net cost to such hospitals that typically is at least 30 percent below reimbursement rate (which is based on 106 percent of the average sales price) for community oncologists for such drugs. (19) Medicare reimburses 70 percent of hospital bad debt (uncollectable coinsurance). (20) According to an October 2011 Milliman study, the cost of treating cancer patients is significantly lower for both Medicare patients (10 percent lower in copayment amounts, more than $650 savings a year) and the Medicare program (14.2 percent less, a savings of $6,500 a year per patient) when provided in community-based cancer settings as compared to the same treatment in hospital outpatient departments. (21) The April 1, 2013, sequestration cuts to Medicare allowed for a 28 percent cut to the services reimbursement in Medicare part B drugs to community oncologists. (22) A recent Community Oncology Alliance survey showed that 69 percent of practices surveyed reported that patient treatment or operational changes already have been made due to the sequester cut to cancer drugs, with 49 percent of practices forced to send Medicare patients elsewhere for treatment, and 62 percent of practices reported that they will be forced to send Medicare patients elsewhere for treatment if the sequestration cuts stay in place through July 31, 2013. (23) The June 2013 report of the Medicare Payment Advisory Commission highlighted the large disparities in payment in outpatient settings and noted that the payment variations across settings should be addressed quickly due to the fact that current disparities have created incentives for hospitals to buy physician practices, driving up costs for the Medicare program and for beneficiaries. (b) Sense of Congress.--It is the sense of Congress that, to ensure the future of community cancer care, Medicare reimbursement should be equal for the same service provided to a cancer patient regardless of whether the service is delivered in the hospital outpatient department or physician's office. SEC. 3. EQUALIZING MEDICARE REIMBURSEMENT IN HOSPITAL OUTPATIENT DEPARTMENTS AND PHYSICIANS' OFFICES FOR CANCER CARE SERVICES. (a) In General.--Section 1833(t) of the Social Security Act (42 U.S.C. 1395l(t)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (G), by striking ``and'' at the end; (B) in subparagraph (H), by striking the period at the end and inserting ``; and''; and (C) by inserting after subparagraph (H) the following new subparagraph: ``(I) payment for covered OPD services that are cancer care services (as defined in subparagraph (B) of paragraph (18)) shall be made consistent with subparagraph (A) of such paragraph.''; and (2) by adding at the end the following new paragraph: ``(18) Special payment rule for cancer care services.-- ``(A) In general.--In the case of cancer care services that are furnished on or after January 1, 2014, the payment amount for such services under this subsection and under section 1848 shall be a budget neutral combination (as determined by the Secretary) of-- ``(i) the amount otherwise payable under this subsection for such services; and ``(ii) the amount otherwise payable under section 1848 for such services. ``(B) Cancer care services defined.--For purposes of this subsection, the term `cancer care services' means covered OPD services or physicians' services for which payment is made under section 1848 that are furnished in conjunction with the diagnosis or treatment of cancer.''. (b) Conforming Amendment.--Section 1848(a) of Social Security Act (42 U.S.C. 1395w-4(a)) is amended by adding at the end the following new paragraph: ``(9) Application of special rule for cancer care services.--In the case of physicians' services that are cancer care services (as defined in subparagraph (B) of section 1833(t)(18)) that are furnished on or after January 1, 2014, the payment amount for such services under this section shall be the payment amount for such services determined under subparagraph (A) of such section.''.

Medicare Patient Access to Cancer Treatment Act of 2013 - Expresses the sense of Congress that, to ensure the future of community cancer care, Medicare reimbursement should be equal for the same service provided to a cancer patient regardless of whether the service is delivered in the hospital outpatient department (OPD) or physician's office. Amends title XVIII (Medicare) of the Social Security Act (SSA) with respect to the prospective payment system (PPS) for OPD services to require that the payment amount under PPS and physician fee schedules for covered OPD cancer services be a budget neutral combination of the amount otherwise payable under the PPS and the amount otherwise payable under the physician fee schedule for such services.

{"src": "billsum_train", "title": "Medicare Patient Access to Cancer Treatment Act of 2013"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Animal Emergency Planning Act of 2015''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Hurricanes Katrina and Sandy, as well as other recent natural and man-made disasters, have highlighted the need for planning to minimize the impact of disasters. (2) Lack of preparedness in times of disaster can have especially devastating effects on animals and the people who risk their lives to protect them. (3) Local first-responders, non-governmental agencies, and private individuals most often shoulder the cost and responsibility of animals affected by disasters. (4) It is reasonable to ask those who use animals commercially to demonstrate a level of readiness to protect the animals under their care. SEC. 3. REQUIREMENT THAT COVERED ENTITIES DEVELOP AND IMPLEMENT EMERGENCY CONTINGENCY PLANS. (a) In General.--The Animal Welfare Act (7 U.S.C. 2131 et seq.) is amended by adding at the end the following: ``SEC. 30. ANIMAL EMERGENCY PLANNING. ``(a) Covered Person.--For purposes of this section, the term `covered person' means a research facility, dealer, exhibitor, intermediate handler, carrier, or Federal research facility. ``(b) Contingency Plan.--Each covered person shall develop, document, and follow a contingency plan to provide for the humane handling, treatment, transportation, housing, and care of its animals in the event of an emergency or disaster. Such a contingency plan shall-- ``(1) identify situations that the covered person might experience, including natural disasters and emergencies such as electrical outages, faulty HVAC systems, fires, mechanical breakdowns, and animal escapes, that would trigger the need for the measures identified in the contingency plan to be put into action; ``(2) outline specific tasks to be carried out in response to the identified emergencies or disasters, including detailed animal evacuation or shelter-in-place instructions and provisions for providing backup sources of food and water as well as sanitation, ventilation, bedding, and veterinary care; ``(3) establish a chain of command and identify the individuals responsible for fulfilling the tasks described in paragraph (2); and ``(4) address how response and recovery will be handled in terms of materials, resources, and training needed. ``(c) Annual Review.--Each covered person shall-- ``(1) review its contingency plan on at least an annual basis to ensure that it adequately addresses the criteria described in subsection (b); and ``(2) maintain documentation of the annual reviews and any amendments or changes made to its contingency plan since the previous year's review. ``(d) Training.--Each covered person shall-- ``(1) train its personnel in their roles and responsibilities as outlined in the contingency plan; ``(2) communicate any changes in the contingency plan to personnel through training within 30 days after making the changes; and ``(3) maintain documentation of its personnel's participation in, and successful completion of, the training required by this subsection. ``(e) Availability of Documentation.-- ``(1) In general.--Each covered person shall submit to the Secretary on an annual basis its contingency plan, as well as any documentation described in subsections (c)(2) and (d)(3). ``(2) While traveling.--A covered person engaged in travel shall carry a copy of its contingency plan with it at all times and make it available for inspection by the Secretary while in travel status.''. (b) Regulations.-- (1) Not later than 30 days after the date of enactment of this Act, the Secretary of Agriculture shall promulgate such regulations as the Secretary determines to be necessary to carry out section 30 of the Animal Welfare Act, as added by subsection (a) of this Act. (2) The regulations described in paragraph (1) shall be made without regard to the rulemaking procedures under section 553 of title 5, United States Code. (c) No Preemption.--Nothing in this Act or the amendments made by this Act preempts any law (including a regulation) of a State, or a political subdivision of a State, containing requirements that provide equivalent or greater protection for animals than the requirements of this Act or the amendments made by this Act. (d) Effective Date.--The amendments made by subsection (a) shall apply to covered persons (as defined in section 30(a) of the Animal Welfare Act, as added by such subsection) beginning on the date that is 30 days after the date of enactment of this Act.

Animal Emergency Planning Act of 2015 This bill amends the Animal Welfare Act to require research facilities, dealers, exhibitors, intermediate handlers, and carriers (covered persons) to develop, document, and follow a contingency plan to provide for the humane handling, treatment, transportation, housing, and care of their animals in the event of an emergency or disaster. The plan must: identify situations that the covered person might experience that would trigger the need to implement the measures identified in the plan; outline tasks to be carried out in response to emergencies or disasters; establish a chain of command and identify the individuals responsible for fulfilling the tasks; and address how response and recovery will be handled in terms of materials, resources, and training needed. Covered persons must review their plan at least annually, train personnel in their roles and responsibilities as outlined in the plan, and provide training when the plan changes. The bill does not preempt state law that provides equal or greater protection for animals.

{"src": "billsum_train", "title": "Animal Emergency Planning Act of 2015"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Payroll Fraud Prevention Act of 2013''. SEC. 2. CLASSIFICATION OF EMPLOYEES AND NON-EMPLOYEES. (a) Definitions.--Section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203) is amended by adding at the end the following: ``(z) `Non-employee' means an individual who-- ``(1) a person has engaged, in the course of the trade or business of the person, for the performance of labor or services; and ``(2) is not an employee of the person. ``(aa) `Covered individual' when used with respect to an employer or other person means-- ``(1) an employee of the employer; or ``(2) a non-employee of the person (including a person who is an employer)-- ``(A) whom the person has engaged, in the course of the trade or business of the person, for the performance of labor or services; and ``(B)(i) with respect to whom the person is required to file an information return under section 6041A(a) of the Internal Revenue Code of 1986; or ``(ii) who is providing labor or services to the person through an entity that is a trust, estate, partnership, association, company, or corporation (as such terms are used in section 7701(a)(1) of the Internal Revenue Code of 1986) if-- ``(I) such individual has an ownership interest in the entity; ``(II) creation or maintenance of such entity is a condition for the provision of such labor or services to the person; and ``(III) the person would be required to file an information return for the entity under section 6041A(a) of the Internal Revenue Code of 1986 if the entity was an individual.''. (b) Classification as Employees.--Section 11(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(c)) is amended-- (1) by striking ``(c) Every employer subject to any provision of this Act or of any order issued under this Act'' and inserting the following: ``(c) Recordkeeping; Classification; Notice.-- ``(1) Recordkeeping.--Every person subject to any provision of this Act or of any order issued under this Act''; and (2) by adding at the end the following: ``(2) Classification.-- ``(A) In general.--Every person (including every employer and enterprise), who employs any employee engaged in commerce or in the production of goods for commerce or engages any non-employee engaged in commerce or in the production of goods for commerce, shall-- ``(i) accurately classify each covered individual as an employee or a non-employee (as the case may be); ``(ii) provide, to each covered individual, a written notice that-- ``(I) informs the covered individual of the classification of such individual, by the person submitting the notice, as an employee or a non-employee; ``(II) includes a statement directing such individual to the Department of Labor website established under section 3 of the Payroll Fraud Prevention Act of 2013, or other appropriate resources, for the purpose of providing further information about the legal rights of an employee; ``(III) includes the address and telephone number for the applicable local office of the Department of Labor; and ``(IV) includes for each covered individual classified as a non-employee by the person providing the notice, the following statement: `Your rights to wage, hour, and other labor protections depend upon your proper classification as an employee or a non-employee. If you have any questions or concerns about how you have been classified or suspect that you may have been misclassified, contact the U.S. Department of Labor.'; and ``(iii) maintain a copy of such notice as a required record under paragraph (1). ``(B) Timing of notice.-- ``(i) In general.--The notice described in subparagraph (A)(ii) shall be provided, at a minimum, to each covered individual not later than 6 months after the date of enactment of the Payroll Fraud Prevention Act of 2013, and thereafter-- ``(I) for each new employee, upon employment; and ``(II) for each new non-employee, upon commencement of the labor or services provided by the non-employee. ``(ii) Change in status.--Each person required to provide a notice under subparagraph (A)(ii) to a covered individual shall also provide such notice to such individual upon changing the status of such individual as an employee or a non-employee. ``(C) Presumption.-- ``(i) In general.--For purposes of this Act and the regulations or orders issued under this Act, a covered individual to whom a person is required to provide a notice under subparagraph (A)(ii) shall be presumed to be an employee of the person if the person has not provided the individual with such notice within the time required under subparagraph (B). ``(ii) Rebuttal.--The presumption under clause (i) shall be rebutted only through the presentation of clear and convincing evidence that a covered individual described in such subparagraph is not an employee of the person.''. (c) Special Prohibited Acts.--Section 15(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)) is amended-- (1) by striking paragraph (3) and inserting the following: ``(3) to discharge or in any other manner discriminate against any covered individual (including an employee) because such individual has-- ``(A) opposed any practice, filed any petition or complaint, or instituted or caused to be instituted any proceeding-- ``(i) under or related to this Act (including concerning the status of a covered individual as an employee or a non-employee for purposes of this Act); or ``(ii) concerning the status of a covered individual as an employee or a non-employee for employment tax purposes within the meaning of subtitle C of the Internal Revenue Code of 1986; ``(B) testified or is about to testify in any proceeding described in subparagraph (A); or ``(C) served, or is about to serve, on an industry committee;''; (2) in paragraph (5), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(6) to wrongly classify an employee of the person as a non-employee in accordance with section 11(c)(2).''. (d) Special Penalty for Certain Misclassification, Recordkeeping, and Notice Violations.--Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216) is amended-- (1) in subsection (b)-- (A) in the sixth sentence, by striking ``any employee'' each place the term occurs and inserting ``any covered individual''; (B) in the fourth sentence-- (i) by striking ``employees'' and inserting ``covered individual''; and (ii) by striking ``he gives his consent'' and inserting ``such covered individual consents''; (C) in the third sentence-- (i) by striking ``either of the preceding sentences'' and inserting ``any of the preceding sentences''; (ii) by striking ``one or more employees'' and inserting ``one or more covered individuals''; and (iii) by striking ``in behalf of himself or themselves and other employees'' and inserting ``on behalf of such covered individual or individuals and other covered individuals''; and (D) by inserting after the first sentence the following: ``Such liquidated damages are doubled (subject to section 11 of the Portal-to-Portal Act of 1947 (29 U.S.C. 260)) where, in addition to violating the provisions of section 6 or 7, the employer has violated the provisions of section 15(a)(6) with respect to such employee or employees.''; and (2) in subsection (e), by striking paragraph (2) and inserting the following: ``(2) Any person who violates section 6, 7, 11(c), or 15(a)(6) shall be subject to a civil penalty, for each employee or other individual who was the subject of such a violation, in an amount-- ``(A) not to exceed $1,100; or ``(B) in the case of a person who has repeatedly or willfully committed such violation, not to exceed $5,000.''. SEC. 3. EMPLOYEE RIGHTS WEBSITE. Not later than 180 days after the date of enactment of this Act, the Secretary of Labor shall establish a single webpage on the Department of Labor website that summarizes in plain language the rights of employees and non-employees under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), including the rights described in the amendments made by section 2. SEC. 4. MISCLASSIFICATION OF EMPLOYEES FOR UNEMPLOYMENT COMPENSATION PURPOSES. (a) In General.--Section 303(a) of the Social Security Act (42 U.S.C. 503(a)) is amended-- (1) in paragraph (11)(B), by striking the period and inserting ``; and''; (2) in paragraph (12), by striking the period and inserting ``; and''; and (3) by adding after paragraph (12) the following: ``(13)(A) Such auditing and investigative procedures as may be necessary to identify employers that have not registered under the State law or that are paying unreported wages, where these actions or omissions by the employers have the effect of excluding employees from unemployment compensation coverage; and ``(B) the making of quarterly reports to the Secretary of Labor (in such form as the Secretary of Labor may require) describing the results of the procedures under subparagraph (A); and ``(14) the establishment of administrative penalties for misclassifying employees, or paying unreported wages to employees without proper recordkeeping, for unemployment compensation purposes.''. (b) Review of Auditing Programs.--The Secretary of Labor shall include, in the Department of Labor's system for measuring the performance of States in conducting unemployment compensation tax audits, a specific measure of the effectiveness of States in identifying the underreporting of wages and the underpayment of unemployment compensation contributions (including the effectiveness of States in identifying instances of such underreporting or underpayments despite the absence of cancelled checks, original time sheets, or other similar documentation). (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by subsection (a) shall take effect 12 months after the date of enactment of this Act. (2) Exception.--If the Secretary of Labor finds that legislation is necessary for the unemployment compensation law of a State to comply with the amendments made by subsection (a), such amendments shall not apply with respect to such law until the later of-- (A) the day after the close of the first regular session of the legislature of such State that begins after the date of enactment of this Act; or (B) 12 months after the date of enactment of this Act. (d) Definition of State.--For purposes of this section, the term ``State'' has the meaning given the term in section 3306(j) of the Internal Revenue Code of 1986. SEC. 5. DEPARTMENT OF LABOR COORDINATION, REFERRAL, AND REGULATIONS. (a) Coordination and Referral.--Notwithstanding any other provision of law, any office, administration, or division of the Department of Labor that, while in the performance of its official duties, obtains information regarding the misclassification by a person subject to the provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), or any order issued under such Act of any individual regarding whether such individual is an employee or a non-employee engaged in the performance of labor or services for purposes of section 6 or 7 of such Act (29 U.S.C. 206, 207), or in records required under section 11(c) of such Act (29 U.S.C. 211(c)), shall report such information to the Wage and Hour Division of the Department of Labor. The Wage and Hour Division may report such information to the Internal Revenue Service as the Wage and Hour Division considers appropriate. (b) Regulations.--The Secretary of Labor shall promulgate regulations to carry out this Act and the amendments made by this Act. SEC. 6. TARGETED AUDITS. The audits of employers subject to the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) that are conducted by the Wage and Hour Division of the Department of Labor shall include certain industries with frequent incidence of misclassifying employees as non-employees, as determined by the Secretary of Labor.

Payroll Fraud Prevention Act of 2013- Amends the Fair Labor Standards Act of 1938 (FLSA) to require every person (including every employer and enterprise) that employs an employee or non-employee who performs labor or services, including through an entity such as a trust, estate, partnership, association, company, or corporation, to: (1) classify such individuals accurately as employees or non-employees; and (2) notify each new employee and new non-employee of his or her classification as an employee or non-employee, together with information concerning their legal rights. Makes it unlawful for any person to: (1) discharge or otherwise discriminate against an individual (including an employee) who has opposed any practice, or filed a complaint or instituted any proceeding related to this Act, including with respect to an individual's status as an employee or non-employee; and (2) wrongly classify an employee as a non-employee. Doubles the amount of liquidated damages for maximum hours, minimum wage, and notice of classification violations by an employer. Subjects a person who: (1) violates such requirements (including recordkeeping requirements) to a civil penalty of up to $1,100; or (2) repeatedly or willfully violates such requirements to a civil penalty of up to $5,000 for each violation. Directs the Secretary of Labor to establish a single webpage on the Department of Labor website that summarizes the rights of employees and non-employees under the FLSA and this Act. Amends the Social Security Act to require, as a condition for a federal grant for the administration of state unemployment compensation, for the state's unemployment compensation law to include a provision for: (1) auditing programs that identify employers that have not registered under the state law or that are paying unreported compensation where the effect is to exclude employees from unemployment compensation coverage, and (2) establishing administrative penalties for misclassifying employees or paying unreported unemployment compensation to employees. Requires any office, administration, or division of the Department of Labor to report any misclassification of an employee by a person subject to the FLSA that it discovers to the Department's Wage and Hour Division (WHD). Authorizes the WHD to report such information to the Internal Revenue Service (IRS).

{"src": "billsum_train", "title": "Payroll Fraud Prevention Act of 2013"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Save Our Communities from Risky Trains Act of 2016''. SEC. 2. ENHANCED SECURITY MEASURES FOR SHIPMENTS OF SECURITY SENSITIVE MATERIAL. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall issue regulations to require enhanced security measures for shipments of security sensitive material. (b) Security Sensitive Material.--The Secretary shall designate a material, or a group or class of material, in a particular amount and form as security sensitive if the Secretary determines that transporting the material in commerce poses a significant risk to national security due to the potential use of the material in an act of terrorism. In making such a designation, the Secretary shall consider the following: (1) A highway route-controlled quantity of a Class 7 (radioactive) material, as defined in section 173.403 of title 49, Code of Federal Regulations, in a motor vehicle, railroad car, or freight container. (2) More than 25 kilograms of a division 1.1, 1.2, or 1.3 explosive, as defined in section 173.50 of title 49, Code of Federal Regulations, in a motor vehicle, rail car, or freight container. (3) More than one liter per package of a material poisonous by inhalation, as defined in section 171.8 of title 49, Code of Federal Regulations, that meets the criteria for hazard zone A, as specified in section 173.116(a) or section 173.133(a) of title 49, Code of Federal Regulations. (4) A shipment of a quantity of hazardous materials in a bulk packaging having a capacity equal to or greater than 13,248 liters for liquids or gases or more than 13.24 cubic meters for solids. (5) A select agent or toxin regulated by the Centers for Disease Control and Prevention under part 73 of title 42, Code of Federal Regulations. (6) A quantity of hazardous material that requires placarding under the provisions of subpart F of part 172 of title 49, Code of Federal Regulations. (c) Compilation of Route and Storage Pattern Information for Railroad Carriers Transporting Security Sensitive Material.--Not later than 90 days after the last day of each calendar year, a railroad carrier that transports security sensitive material shall compile commodity data by route and storage pattern, a line segment or series of line segments as aggregated by the railroad carrier. Within a railroad carrier selected route, the commodity data shall identify the geographic location of the route and storage pattern and the total number of shipments by United Nations identification number for security sensitive material and storage patterns along the route. (d) Rail Transportation Route and Storage Pattern Analysis for Security Sensitive Material.--For each calendar year, a railroad carrier that transports security sensitive material shall submit to the Secretary a written analysis of the security risks for the transportation routes and storage patterns identified in the commodity data collected as required by subsection (c). The analysis shall include the security risks present for the route, railroad facilities, railroad storage facilities, private storage facilities, and areas of concern along or in proximity to the route. (e) Alternative Route and Storage Pattern Analysis for Security Sensitive Material.-- (1) In general.--Before the last day of each calendar year, a railroad carrier that transports security sensitive material shall submit to the Secretary of Transportation a report containing-- (A) a description of any practical alternative routes and storage patterns that avoid areas of concern for each of the transportation routes or facilities such carrier used to transport or store security sensitive material through or near areas of concern during such calendar year; (B) a security risk assessment of each alternative route and storage pattern that includes the information required under subsection (d); and (C) a comparison of the risks identified under subparagraph (B) to the applicable primary rail transportation route and storage pattern analyzed under subsection (d). (2) Considerations.--A railroad carrier shall consider the availability of interchange agreements or systems of tracks and facilities owned by other operators when determining whether an alternate route for transporting security sensitive material to avoid areas of concern is practical pursuant to paragraph (1)(A). (3) Impractical alternative route or storage facility.--A railroad carrier may consider an alternate route or storage facility that avoids an area of concern to not be a practical alternative route and storage pattern under paragraph (1)(A) if-- (A) the shipment originates in or is destined for the area of concern; or (B) there would be no harm beyond the property of the railroad carrier transporting the shipment or storage facility storing the shipment in the event of a successful terrorist attack on the shipment. (f) Alternative Route and Storage Pattern Selection for Security Sensitive Material.--Not later than 90 days after submission of a report under subsection (e), the railroad carrier shall begin using the route and storage pattern that, as determined by the analyses required under subsections (d) and (e), best reduces the risk, including consequences, of a terrorist attack on, or derailment of, a shipment of security sensitive material that is transported through or near an area of concern. (g) Review.--Not less than once every 5 years, each railroad carrier that transports security sensitive material shall conduct a comprehensive, system-wide review of all operational changes, infrastructure modifications, traffic adjustments, changes in the nature of the areas of concern located along or in proximity to the route, or other changes affecting the security of the movements of the materials determined to be security sensitive under subsection (b) that were implemented during the 5-year period. (h) Definitions.--In this section, the following definitions apply: (1) Area of concern.--The term ``area of concern'' means a geographic region designated by the Secretary of Transportation as commanding special consideration with respect to the security of the transportation of security sensitive material, which shall include high threat urban areas as determined by the Secretary. (2) Railroad carrier.--The term ``railroad carrier'' has the meaning given that term in section 20102 of title 49, United States Code. (3) Security sensitive material.--The term ``security sensitive material'' means a material determined by the Secretary of Transportation to be security sensitive pursuant to subsection (b). (4) Storage pattern.--The term ``storage pattern'' means the conditions of storage, including-- (A) location of cars in railroad yards or on railroad-controlled leased tracks; (B) type of storage, such as bulk transfer; (C) typical types and numbers of security sensitive material cars stored in close proximity (in ranges); (D) population density; (E) average length of time cars are stored, attended or unattended; and (F) security measures present, including physical security measures, secure handoffs and nearest available safe havens for storage in case of heightened threat conditions. (5) Terrorism.--The term ``terrorism'' has the meaning given that term in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).

Save Our Communities from Risky Trains Act of 2016 This bill directs the Department of Transportation (DOT) to issue regulations to require enhanced security measures for shipments of security sensitive material. DOT shall designate a material, or a group or class of material, as security sensitive if it determines that transporting such material in commerce poses a significant risk to national security due to its potential use in an act of terrorism. Each railroad carrier transporting security sensitive material shall: compile material route and storage pattern information, and submit to DOT a written rail transportation route and storage pattern security risk analysis and an alternative route and storage pattern analysis. Railroad carriers shall use the route and storage pattern that, based on the analyses, best reduces the risk, including consequences, of a terrorist attack on, or derailment of, a shipment of security sensitive material transported through or near an area of concern (i.e., urban areas). Each railroad carrier shall review once every five years any changes affecting the security movements of such material.

{"src": "billsum_train", "title": "Save Our Communities from Risky Trains Act of 2016"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reverse Mortgage Elder Protection Act''. SEC. 2. COUNSELING AND DISCLOSURE REQUIREMENTS FOR REVERSE MORTGAGES. Section 138 of the Truth in Lending Act (15 U.S.C. 1648) is amended by adding at the end the following: ``(c) Required Statement Regarding Counseling.--A creditor may not take an application for a reverse mortgage unless the creditor has provided to the applicant for the reverse mortgage, before the applicant receives any counseling regarding reverse mortgages pursuant to subsection (e), the following written statement, disclosed clearly and conspicuously in type that is 16-point or larger: `IMPORTANT NOTICE TO REVERSE MORTGAGE LOAN APPLICANT: A REVERSE MORTGAGE IS A COMPLEX FINANCIAL TRANSACTION. IF YOU DECIDE TO OBTAIN A REVERSE MORTGAGE LOAN, YOU WILL SIGN BINDING LEGAL DOCUMENTS THAT WILL HAVE IMPORTANT LEGAL AND FINANCIAL IMPLICATIONS FOR YOU AND YOUR ESTATE. IT IS THEREFORE IMPORTANT TO UNDERSTAND THE TERMS OF THE REVERSE MORTGAGE AND ITS EFFECT. BEFORE ENTERING INTO THIS TRANSACTION, YOU ARE REQUIRED TO CONSULT WITH AN INDEPENDENT LOAN COUNSELOR. A LIST OF APPROVED COUNSELORS WILL BE PROVIDED TO YOU BY THE LENDER. SENIOR CITIZEN ADVOCACY GROUPS ADVISE AGAINST USING THE PROCEEDS OF A REVERSE MORTGAGE TO PURCHASE AN ANNUITY OR RELATED FINANCIAL PRODUCTS. IF YOU ARE CONSIDERING USING YOUR PROCEEDS FOR THIS PURPOSE, YOU SHOULD DISCUSS THE FINANCIAL IMPLICATIONS OF DOING SO WITH YOUR COUNSELOR AND FAMILY MEMBERS.'. ``(d) Counseling Checklist.-- ``(1) Requirement for creditor to provide counseling checklist before loan application.--A creditor may not take an application for a reverse mortgage unless the creditor provides to the applicant, before his or her meeting with a counseling agency regarding reverse mortgages pursuant to subsection (e), a written checklist that complies with paragraph (3). ``(2) Requirement for counseling agency to provide checklist.--If a consumer seeks counseling regarding reverse mortgages before requesting a loan application for a reverse mortgage from a creditor, the counseling agency shall provide the consumer with a written checklist that complies with paragraph (3). ``(3) Contents of checklist.--A written checklist, with respect to an applicant (or consumer, in the case described in paragraph (2)), complies with this paragraph only if the checklist meets the following requirements: ``(A) The checklist is in writing in 12-point type or larger. ``(B) The checklist conspicuously notifies the applicant (or consumer) under the reverse mortgage that he or she should discuss with the counselor of the counseling agency the following issues: ``(i) How unexpected medical or other events that cause the applicant (or consumer) to move out of the home, either permanently or for more than one year, earlier than anticipated will impact the projected total annual loan cost of the mortgage. ``(ii) The extent to which the applicant's (or consumer's) financial needs would be better met by options other than a reverse mortgage, including less costly home equity lines of credit, property tax deferral programs, or governmental aid programs. ``(iii) Whether the applicant (or consumer) intends to use the proceeds of the reverse mortgage to purchase an annuity or other insurance products and the consequences of doing so. ``(iv) The effect of repayment of the loan on nonborrowing residents of the home after all borrowers have died or permanently left the home. ``(v) The applicant's (or consumer's) ability to finance routine or catastrophic home repairs, especially if maintenance is a factor that may determine when the mortgage becomes payable. ``(vi) The impact that the reverse mortgage may have on the applicant's (or consumer's) tax obligations and eligibility for government assistance programs, and the effect that losing equity in the home will have on the applicant's (or consumer's) estate and heirs. ``(vii) The ability of the applicant (or consumer) to finance alternative living accommodations, such as assisted living or long-term care nursing home registry, after the applicant's (or consumer's) equity is depleted. ``(e) Counseling Requirement.--A creditor may not accept a final and complete application for a reverse mortgage from a consumer or assess any fees upon a consumer unless the creditor has complied with the following requirements: ``(1) Required counseling referral.--The creditor shall-- ``(A) refer the consumer to a housing counseling agency approved by the Secretary of Housing and Urban Development for counseling that meets the standards and requirements established by the Secretary for reverse mortgage counseling; and ``(B) provide the consumer with a list of at least 5 such housing counseling agencies approved by the Secretary, including at least two agencies that can provide counseling by telephone. ``(2) Required certification of counseling.--The creditor shall have received from the consumer or the authorized representative of the consumer-- ``(A) a written certification (which may be in the form of an electronic facsimile copy) that the consumer has received counseling regarding reverse mortgages from an agency as described in paragraph (1), which shall be signed by the consumer and the agency counselor providing such counseling, and shall include the date of the counseling and the name, address, and telephone number of both the counselor and the consumer; and ``(B) a copy of the checklist provided to the consumer pursuant to subsection (d) that is signed by the agency counselor providing such counseling, if the counseling was done in person, and by the consumer, and a copy of such signed checklist shall be provided to the consumer. The creditor shall maintain the certification described in paragraph (2)(A) in an accurate, reproducible, and accessible format for the entire term of the reverse mortgage.''.

Reverse Mortgage Elder Protection Act - Amends the Truth in Lending Act to prohibit a creditor from taking an application for a reverse mortgage unless the creditor has provided the applicant with: (1) a specified written cautionary statement before the applicant receives any counseling regarding reverse mortgages; (2) a specified written checklist before meeting with a counseling agency about reverse mortgages; and (3) a referral to a housing counseling agency for reverse mortgage counseling approved by the Department of Housing and Urban Development (HUD). Requires a counseling agency to provide the same kind of written checklist to a consumer that seeks counseling before requesting a loan application for a reverse mortgage. Prohibits a creditor from either accepting a final application for a reverse mortgage, or from assessing any related fees, unless the creditor has received from the consumer or the consumer's authorized representative: (1) a written certification that the consumer has received counseling regarding reverse mortgages from a HUD-approved agency; and (2) a copy of the prescribed checklist signed by the agency counselor and by the consumer.

{"src": "billsum_train", "title": "To amend section 138 of the Truth in Lending Act to establish certain counseling and disclosure requirements with respect to reverse mortgages."}

SECTION 1. APPLICATION OF WHISTLEBLOWER PROTECTION RULES TO LEGISLATIVE BRANCH EMPLOYEES. (a) Short Title.--This Act may be cited as the ``Congressional Whistleblower Protection Act of 2016''. (b) Whistleblower Amendments.--Part A of title II of the Congressional Accountability Act of 1995 (2 U.S.C. 1311 et seq.) is amended-- (1) in the part heading, by striking ``fair labor standards,'' and all that follows and inserting ``and other protections and benefits''; (2) by redesignating section 207 as section 208; and (3) by inserting after section 206 the following: ``SEC. 207. RIGHTS AND PROTECTIONS UNDER WHISTLEBLOWER PROTECTION RULES. ``(a) Rights and Protections Described.-- ``(1) In general.--No employing office may take or fail to take, or threaten to take or fail to take, a personnel action (within the meaning of chapter 23 of title 5, United States Code) with respect to any covered employee or applicant for employment because of-- ``(A) any disclosure of information by a covered employee or applicant which the employee or applicant reasonably believes evidences-- ``(i) a violation of any law, rule, or regulation; or ``(ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; if such disclosure is not specifically prohibited by law and if such information is not specifically required by Executive order or the rules of the Senate or the House of Representatives to be kept secret in the interest of national defense or the conduct of foreign affairs; or ``(B) any disclosure to the General Counsel, or to the Inspector General of a legislative or executive agency or another employee designated by the head of the legislative or executive agency to receive such disclosures, of information which the employee or applicant reasonably believes evidences-- ``(i) a violation of any law, rule, or regulation; or ``(ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. ``(2) Definitions.--For purposes of this section and for purposes of applying the procedures established under title IV for the consideration of alleged violations of this section-- ``(A) the term `covered employee' includes an employee of the Government Accountability Office or Library of Congress; and ``(B) the term `employing office' includes the Government Accountability Office and the Library of Congress. ``(b) Remedy.--The remedy for a violation of subsection (a) shall be such remedy as would be appropriate if awarded under chapter 12 of title 5, United States Code, with respect to a prohibited personnel practice described in section 2302(b)(8) of such title. ``(c) Regulations To Implement Section.-- ``(1) In general.--The Board shall, pursuant to section 304, issue regulations to implement this section. ``(2) Agency regulations.--The regulations issued under paragraph (1) shall be the same as the substantive regulations promulgated by the Merit Systems Protection Board to implement chapters 12 and 23 of title 5, United States Code, except to the extent that the Board of Directors of the Office of Compliance may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section.''. (c) Technical and Conforming Amendments.-- (1) Table of contents.--The table of contents for part A of title II of the Congressional Accountability Act of 1995 is amended-- (A) by striking the item relating to part A and inserting the following: ``PART A--Employment Discrimination, Family and Medical Leave, and Other Protections and Benefits''; and (B) by striking the item relating to section 207 and inserting the following: ``Sec. 207. Rights and protections under whistleblower protection rules. ``Sec. 208. Prohibition of intimidation or reprisal.''. (2) Application of laws.--Section 102(a) of the Congressional Accountability Act of 1995 (2 U.S.C. 1302(a)) is amended by adding at the end the following: ``(12) Section 2302(b)(8) of title 5, United States Code.''. (3) Other conforming amendments.--Section 62(e)(2) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``or 207'' and inserting ``207, or 208''; and (B) by striking ``or 1317'' and inserting ``1317, or 1318''.

Congressional Whistleblower Protection Act of 2016 This bill amends the Congressional Accountability Act of 1995 to extend specified whistle-blower protections to employees of congressional offices and committees, the Office of Congressional Accessibility Services, the Capitol Police, the Congressional Budget Office, the Office of the Architect of the Capitol, the Office of the Attending Physician, the Office of Compliance, the Government Accountability Office, and the Library of Congress.

{"src": "billsum_train", "title": "Congressional Whistleblower Protection Act of 2016"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safeguarding America's Retirement Act of 2002''. SEC. 2. NEW PROTECTIONS UNDER ERISA FIDUCIARY RULES FOR PARTICIPANTS AND BENEFICIARIES UNDER 401(K) PLANS. Section 404(a)(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(a)(2)) is amended-- (1) by striking ``In the case'' and inserting ``(A) Subject to subparagraph (B), in the case''; and (2) by adding at the end the following new subparagraph: ``(B)(i) In the case of any individual account plan which includes a qualified cash or deferred arrangement (as defined in section 401(k) of the Internal Revenue Code of 1986)-- ``(I) the requirements of clauses (ii), (iii), (iv), and (v) shall be met in connection with such plan, and ``(II) subparagraph (A) shall apply in connection with the plan for any plan year only if the plan, as in effect for such plan year, provides for compliance with such requirements. ``(ii) The requirements of this clause are met in connection with a plan described in clause (i) only if, under the plan, assets attributable to employee contributions are invested in employer securities only to the extent elected by the employee. ``(iii) The requirements of this clause are met in connection with a plan described in clause (i) only if, under the plan-- ``(I) in the case of a participant who has not completed 3 years of participation (as defined in section 204(b)(4)) under the plan, not more than 20 percent of the participant's accrued benefit derived from employee contributions may be invested in employer securities, and ``(II) in the case of a participant who has completed 3 years of participation (as so defined) under the plan, not more than 20 percent of the participant's entire nonforfeitable accrued benefit may be invested in employer securities ``(iv) The requirements of this clause are met in connection with a plan described in clause (i) only if, under the plan, a participant or beneficiary whose nonforfeitable accrued benefit attributable to employee contributions is invested in whole or in part in employer securities is periodically given a reasonable opportunity (on at least a quarterly basis) to invest such accrued benefit in investment vehicles, other than employer securities, selected so as to permit diversification as described in paragraph (1)(C) with respect to such accrued benefit. ``(v)(I) The requirements of this clause are met in connection with a plan described in clause (i) only if, under the plan, no lockdown may be imposed by the plan sponsor, administrator, or any other fiduciary in connection with the nonforfeitable accrued benefit of a participant or beneficiary. ``(II) For purposes of this clause, the term `lockdown' means any temporary lockdown, blackout, or freeze with respect to, suspension of, or similar limitation on any opportunity otherwise generally available to a participant or beneficiary under the plan to transfer some or all of the nonforfeitable accrued benefit of the participant or beneficiary from investment in the form of employer securities to another investment vehicle otherwise available under the plan. Such term does not include any reasonable restriction on the frequency of transfers between investment vehicles established in accordance with clause (iv).''. SEC. 3. ENFORCEMENT OF NEW FIDUCIARY RULES. (a) Criminal Penalties.--Section 501 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1131) is amended-- (1) by inserting ``(a)'' before ``Any person''; and (2) by adding at the end the following new subsection: ``(b) Any person who, acting in the capacity of plan sponsor, plan administrator, or other fiduciary of a pension plan, willfully causes, in connection with the plan, a violation of the requirements of clause (ii), (iii), (iv), or (v) of section 402(a)(2)(B), of any regulation or order issued under such clause, or of terms of the plan required under any such clause, regulation, or order shall upon conviction be fined not more than $5,000 or imprisoned not more than one year, or both; except that, in the case of such violation caused by a person not an individual, the fine imposed upon such person shall be a fine not exceeding $100,000.''. (b) Civil Penalties.-- (1) In general.--Section 502(c) of such Act (29 U.S.C. 1132(c)) is amended-- (A) by redesignating paragraph (7) as paragraph (8); and (B) by inserting after paragraph (6) the following new paragraph: ``(7) The Secretary may assess against any person a civil penalty of not more than $1,000 a day for each instance of a violation of the requirements of clause (ii), (iii), (iv), or (v) of section 402(a)(2)(B), of any regulation or order issued under such clause, or of terms of the plan required under any such clause, regulation, or order caused by such person in connection with the plan acting in the capacity of plan sponsor, plan administrator, or other fiduciary of the plan until such violation is corrected. For purposes of this paragraph, each instance of such violation in connection with any participant or beneficiary shall be treated as a separate instance of such violation.''. (2) Conforming amendment.--Section 502(a)(6) of such Act (29 U.S.C. 1132(a)(6)) is amended by striking ``(5), or (6)'' and inserting ``(5), (6), or (7)''. SEC. 4. NONFORFEITABILITY AFTER 3 YEARS OF PARTICIPATION. (a) Amendments to the Employee Retirement Income Security Act of 1974.--Section 203(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1053(a)) is amended-- (1) in the matter preceding paragraph (1), by inserting before the period the following: ``, and, as applicable, paragraph (5) of this subsection''; and (2) by adding at the end the following new paragraph: ``(5) An individual account plan which includes a cash or deferred arrangement (as defined in section 401(k)(2) of the Internal Revenue Code of 1986) satisfies the requirements of this paragraph if, under the plan, a participant who has completed 3 years of participation (as defined in section 204(b)(4)) has a nonforfeitable right to 100 percent of the participant's accrued benefit to the extent it consists of elective deferrals (as defined in section 402(g)(3)(A) of such Code) made pursuant to such arrangement.''. (b) Amendments to the Internal Revenue Code of 1986.--Subsection (a) of section 411 of the Internal Revenue Code of 1986 (relating to minimum vesting standards) is amended-- (1) in the matter preceding paragraph (1), by inserting ``, the requirements of paragraph (12) of this subsection (as applicable),'' after ``paragraphs (1), (2), and (11) of this subsection''; and (2) by adding at the end the following new paragraph: ``(12) Elective deferrals under cash or deferred arrangements.--A defined contribution plan which includes a cash or deferred arrangement (as defined in section 401(k)(2)) satisfies the requirements of this paragraph if, under the plan, a participant who has completed 3 years of participation (as defined in subsection (b)(4)) has a nonforfeitable right to 100 percent of the participant's accrued benefit to the extent it consists of elective deferrals (as defined in section 402(g)(3)(A)) made pursuant to such arrangement.''. SEC. 5. EFFECTIVE DATE AND RELATED RULES. (a) In General.--Subject to subsection (b), the amendments made by this Act shall apply with respect to plan years beginning on or after January 1, 2003. (b) Special Rule for Collectively Bargained Plans.--In the case of a plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified on or before the date of the enactment of this Act, subsection (a) shall be applied to benefits pursuant to, and individuals covered by, any such agreement by substituting for ``January 1, 2003'' the date of the commencement of the first plan year beginning on or after the earlier of-- (1) the later of-- (A) January 1, 2004, or (B) the date on which the last of such collective bargaining agreements terminates (determined without regard to any extension thereof after the date of the enactment of this Act), or (2) January 1, 2005. (c) Plan Amendments.--If the amendments made by this Act require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after January 1, 2005, if-- (1) during the period after such amendments made by this Act take effect and before such first plan year, the plan is operated in accordance with the requirements of such amendments made by this Act, and (2) such plan amendment applies retroactively to the period after such amendments made by this Act take effect and before such first plan year.

Safeguarding America's Retirement Act of 2002 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to prohibit individual account plans which include cash or deferred arrangements, under the Internal Revenue Code (IRC) section 401(k), from using employee contributions to acquire or hold more than ten percent of their value in employer securities.Requires such plans to give a participant or beneficiary whose nonforfeitable accrued benefit attributable to employee contributions is invested in whole or in part in employer securities a reasonable opportunity periodically (at least quarterly) to invest such accrued benefit in investment vehicles, other than employer securities, selected to permit diversification.Prohibits plan sponsors, administrators, or other fiduciaries from imposing any lockdown in connection with the nonforfeitable accrued benefit of a participant or beneficiary.Amends ERISA and IRC to provide for vesting (a nonforfeitable right to all of the participant's accrued benefits) of elective deferrals under such plans for participants who have completed three years of plan participation.

{"src": "billsum_train", "title": "To amend title I of the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code of 1986 to provide new protections under applicable fiduciary rules for participants and beneficiaries under 401(k) plans and to provide for 3-year vesting of elective deferrals under such plans."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Improvement Loan Modernization Act of 2014''. SEC. 2. MODIFICATION TO PREMIUM CHARGES ON FINANCING CERTAIN ALTERATIONS, REPAIRS, AND IMPROVEMENTS TO, OR CONVERSIONS OF, EXISTING STRUCTURES. Subsection (f) of section 2 of the National Housing Act (12 U.S.C. 1703(f)) is amended-- (1) in paragraph (2), by striking ``paragraph (1)'' and inserting ``paragraphs (1) and (3)''; and (2) by inserting at the end the following new paragraph: ``(3) Financing alterations, repairs, improvements, or conversions.--Notwithstanding paragraphs (1) and (2), in the case of a loan, advance of credit, or purchase in connection with insurance granted under subparagraph (A)(i) or subparagraph (B) of paragraph (1), the premium charge for such insurance shall be paid by the financial institution providing the loan or advance of credit, as follows: ``(A) At the time of the making of the loan, advance of credit, or purchase, a single premium payment in an amount not to exceed 2.75 percent of the amount of the original insured principal obligation. ``(B) In addition to the premium under subparagraph (A), annual premium payments during the term of the loan, advance, or obligation purchased in an amount not exceeding 1.5 percent of the remaining insured principal balance (excluding the portion of the remaining balance attributable to the premium collected under subparagraph (A) and without taking into account delinquent payments or prepayments). ``(C) Premium charges under this paragraph shall be established in amounts that are sufficient, but do not exceed the minimum amounts necessary (as determined based upon risk to the Federal Government under existing underwriting requirements) to maintain a negative credit subsidy for the program under this section for insurance of loans, advances of credit, or purchases in connection with-- ``(i) financing alterations, repairs, and improvements for single-family structures; and ``(ii) financing alterations, repairs, improvements, or conversions of an existing structure used or to be used as an apartment house or a dwelling for two or more families. ``(D) The Secretary may increase the limitations on premium payments to percentages above those set forth in subparagraphs (A) and (B), but only if necessary, and not in excess of the minimum increase necessary, to maintain a negative credit subsidy as described in subparagraph (C).''. SEC. 3. MODIFICATION TO LOAN LIMITATION FOR FINANCING CERTAIN ALTERATIONS, REPAIRS, AND IMPROVEMENTS TO, OR CONVERSIONS OF, EXISTING STRUCTURES. Subsection (b) of section 2 of the National Housing Act (12 U.S.C. 1703(b)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A)(i), by striking ``$25,000'' and inserting ``$42,000''; (B) in subparagraph (B)-- (i) by striking ``$60,000'' and inserting ``$101,888''; and (ii) by striking ``$12,000'' and inserting ``$20,378''; and (C) in the matter after and below subparagraph (G), by adding at the end the following: ``The Secretary shall, by notice, annually increase the dollar amount limitation in subparagraph (A)(i) and subparagraph (B) (as such limitations may have been previously adjusted under this sentence) in accordance with the index established pursuant to paragraph (12).''; and (2) by adding at the end the following new paragraph: ``(12) Annual indexing of loans for financing alterations, repairs, and improvements to, or conversions of, existing structures.--Not later than 1 year after the date of enactment of the Home Improvement Loan Modernization Act of 2014, the Secretary shall develop a method of indexing to annually increase the dollar amount limitations established in subparagraph (A)(i) and subparagraph (B) of paragraph (1). Such index shall be based on the Consumer Price Index for all urban consumers (CPI-U) computed by the Bureau of Labor Statistics.''. SEC. 4. MODIFICATION TO LOAN LIMITATION FOR ENERGY EFFICIENCY HOME IMPROVEMENTS. Subsection (b) of section 2 of the National Housing Act (12 U.S.C. 1703(b)), as amended by section 2 of this Act, is further amended by adding at the end the following new paragraph: ``(13) The dollar amount limitations otherwise applicable under subparagraph (A)(i) and subparagraph (B) of paragraph (1) (as adjusted by paragraph (12)) may be increased up to 150 percent of such limitation if at least half of the amount will be used for energy conserving improvements or the installation of solar energy systems (as defined in the last paragraph of section 2(a) of this Act).''.

Home Improvement Loan Modernization Act of 2014 - Amends the National Housing Act to specify the premium charge paid by a financial institution to insure any loan, advance of credit, or purchase of obligations representing loans and advances of credit it makes to finance certain home improvements for both existing single-family and multifamily structures. Sets the initial premium at 2.75% of the original insured principal obligation, with annual premium payments not to exceed 1.5% of the remaining balance. Limits any premium charges to the minimum amounts necessary to maintain a negative credit subsidy for the insurance program. Increases the maximum obligation that may be insured for improvements to: (1) an existing single-family dwelling from $25,000 to $42,000; and (2) an existing multi-family structure from $60,000 to $101,888, with an average amount of $20,378 (currently $12,000) per family unit. Directs the Secretary of Housing and Urban Development (HUD) to develop a method of indexing to increase these dollar amount limitations annually, based on the Consumer Price Index for all urban consumers (CPI-U) computed by the Bureau of Labor Statistics (BLS). Allows an increase in these dollar amount limitations also by up to 150% if at least half of the amount will be used for energy conserving improvements or the installation of solar energy systems.

{"src": "billsum_train", "title": "Home Improvement Loan Modernization Act of 2014"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``America's Beautiful National Parks Quarter Dollar Coin Act of 2008''. TITLE I--NATIONAL SITE QUARTER DOLLARS SEC. 101. FINDINGS. The Congress finds as follows: (1) Yellowstone National Park was established by an Act signed by President Ulysses S. Grant on March 1, 1872, as the Nation's first national park. (2) The summer and autumn of 1890 saw the establishment of a number of national sites: (A) August 19: Chickamauga and Chattanooga established as national military parks in Georgia and Tennessee. (B) August 30: Antietam established as a national battlefield site in Maryland. (C) September 25: Sequoia National Park established in California. (D) September 27: Rock Creek Park established in the District of Columbia. (E) October 1: General Grant National Park established in California (and subsequently incorporated in Kings Canyon National Park). (F) October 1: Yosemite National Park established in California. (3) Theodore Roosevelt was this nation's 26th President and is considered by many to be our ``Conservationist President''. (4) As a frequent visitor to the West, Theodore Roosevelt witnessed the virtual destruction of some big game species and the overgrazing that destroyed the grasslands and with them the habitats for small mammals and songbirds and conservation increasingly became one of his major concerns. (5) When he became President in 1901, Roosevelt pursued this interest in conservation by establishing the first 51 Bird Reserves, 4 Game Preserves, and 150 National Forests. (6) He also established the United States Forest Service, signed into law the creation of 5 National Parks, and signed the Act for the Preservation of American Antiquities in 1906 under which he proclaimed 18 national monuments. (7) Approximately 230,000,000 acres of area within the United States was placed under public protection by Theodore Roosevelt. (8) Theodore Roosevelt said that nothing short of defending this country in wartime ``compares in importance with the great central task of leaving this land even a better land for our descendants than it is for us''. (9) The National Park Service was created by an Act signed by President Woodrow Wilson on August 25, 1916. (10) The National Park System comprises 391 areas covering more than 84,000,000 acres in every State (except Delaware), the District of Columbia, American Samoa, Guam, Puerto Rico, and the Virgin Islands. (11) The sites or areas within the National Park System vary widely in size and type from vast natural wilderness to birthplaces of Presidents to world heritage archaeology sites to an African burial ground memorial in Manhattan and include national parks, monuments, battlefields, military parks, historical parks, historic sites, lakeshores, seashores, recreation areas, scenic rivers and trails, and the White House. (12) In addition to the sites within the National Park System, the United States has placed numerous other types of sites under various forms of conservancy, such as the national forests and sites within the National Wildlife Refuge System and on the National Register of Historic Places. SEC. 102. ISSUANCE OF REDESIGNED QUARTER DOLLARS EMBLEMATIC OF NATIONAL PARKS OR OTHER NATIONAL SITES IN EACH STATE, THE DISTRICT OF COLUMBIA, AND EACH TERRITORY. Section 5112 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(t) Redesign and Issuance of Quarter Dollars Emblematic of National Sites in Each State, the District of Columbia, and Each Territory.-- ``(1) Redesign beginning upon completion of prior program.-- ``(A) In general.--Notwithstanding the fourth sentence of subsection (d)(1) and subsection (d)(2), quarter dollars issued beginning in 2010 shall have designs on the reverse selected in accordance with this subsection which are emblematic of the national sites in the States, the District of Columbia and the territories of the United States. ``(B) Flexibility with regard to placement of inscriptions.--Notwithstanding subsection (d)(1), the Secretary may select a design for quarter dollars referred to in subparagraph (A) in which-- ``(i) the inscription described in the second sentence of subsection (d)(1) appears on the reverse side of any such quarter dollars; and ``(ii) any inscription described in the third sentence of subsection (d)(1) or the designation of the value of the coin appears on the obverse side of any such quarter dollars. ``(C) Inclusion of district of columbia, and territories.-- For purposes of this subsection, the term `State' has the same meaning as in section 3(a)(3) of the Federal Deposit Insurance Act. ``(2) Single site in each state.--The design on the reverse side of each quarter dollar issued during the period of issuance under this subsection shall be emblematic of 1 national site in each State. ``(3) Selection of site and design.-- ``(A) Site.-- ``(i) In general.--The selection of a national park or other national site in each State to be honored with a coin under this subsection shall be made by the Secretary of the Treasury, after consultation with the Secretary of the Interior and the governor or other chief executive of each State with respect to which a coin is to be issued under this subsection, and after giving full and thoughtful consideration to national sites that are not under the jurisdiction of the Secretary of the Interior so that the national site chosen for each State shall be the most appropriate in terms of natural or historic significance. ``(ii) Timing.--The selection process under clause (i) shall be completed before the end of the 270-day period beginning on the date of the enactment of the America's Beautiful National Parks Quarter Dollar Coin Act of 2008. ``(B) Design.--Each of the designs required under this subsection for quarter dollars shall be-- ``(i) selected by the Secretary after consultation with-- ``(I) the Secretary of the Interior; and ``(II) the Commission of Fine Arts; and ``(ii) reviewed by the Citizens Coinage Advisory Committee. ``(C) Selection and approval process.--Recommendations for site selections and designs for quarter dollars may be submitted in accordance with the site and design selection and approval process developed by the Secretary in the sole discretion of the Secretary. ``(D) Participation in design.--The Secretary may include participation by officials of the State, artists from the State, engravers of the United States Mint, and members of the general public. ``(E) Standards.--Because it is important that the Nation's coinage and currency bear dignified designs of which the citizens of the United States can be proud, the Secretary shall not select any frivolous or inappropriate design for any quarter dollar minted under this subsection. ``(F) Prohibition on certain representations.--No head and shoulders portrait or bust of any person, living or dead, no portrait of a living person, and no outline or map of a State may be included in the design on the reverse of any quarter dollar under this subsection. ``(4) Issuance of coins.-- ``(A) Order of issuance.--The quarter dollar coins issued under this subsection bearing designs of national sites shall be issued in the order in which the sites selected under paragraph (3) were first established as a national site. ``(B) Rate of issuance.--The quarter dollar coins bearing designs of national sites under this subsection shall be issued at the rate of 5 new designs during each year of the period of issuance under this subsection. ``(C) Number of each of 5 coin designs in each year.--Of the quarter dollar coins issued during each year of the period of issuance, the Secretary of the Treasury shall prescribe, on the basis of such factors as the Secretary determines to be appropriate, the number of quarter dollars which shall be issued with each of the designs selected for such year. ``(5) Treatment as numismatic items.--For purposes of sections 5134 and 5136, all coins minted under this subsection shall be considered to be numismatic items. ``(6) Issuance.-- ``(A) Quality of coins.--The Secretary may mint and issue such number of quarter dollars of each design selected under paragraph (3) in uncirculated and proof qualities as the Secretary determines to be appropriate. ``(B) Silver coins.--Notwithstanding subsection (b), the Secretary may mint and issue such number of quarter dollars of each design selected under paragraph (3) as the Secretary determines to be appropriate, with a content of 90 percent silver and 10 percent copper. ``(7) Period of issuance.-- ``(A) In general.--Subject to paragraph (2), the program established under this subsection shall continue in effect until a national site in each State has been honored. ``(B) Second round at discretion of secretary.-- ``(i) Determination.--The Secretary may make a determination before the end of the 9-year period beginning when the first quarter dollar is issued under this subsection to continue the period of issuance until a second national site in each State, the District of Columbia, and each territory referred to in this subsection has been honored with a design on a quarter dollar. ``(ii) Notice and report.--Within 30 days after making a determination under clause (i), the Secretary shall submit a written report on such determination to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. ``(iii) Applicability of provisions.--If the Secretary makes a determination under clause (i), the provisions of this subsection applicable to site and design selection and approval, the order, timing, and conditions of issuance shall apply in like manner as the initial issuance of quarter dollars under this subsection, except that the issuance of quarter dollars pursuant to such determination bearing the first design shall commence in order immediately following the last issuance of quarter dollars under the first round. ``(iv) Continuation until all states are honored.--If the Secretary makes a determination under clause (i), the program under this subsection shall continue until a second site in each State has been so honored. ``(8) Designs after end of program.--Upon the completion of the coin program under this subsection, the design on-- ``(A) the obverse of the quarter dollar shall revert to the same design containing an image of President Washington in effect for the quarter dollar before the institution of the 50- State quarter dollar program; and ``(B) notwithstanding the fourth sentence of subsection (d)(1), the reverse of the quarter dollar shall contain an image of General Washington crossing the Delaware River prior to the Battle of Trenton. ``(9) National site.--For purposes of this subsection, the term `national site' means any site under the supervision, management, or conservancy of the National Park Service, the United States Forest Service, the United States Fish and Wildlife Service, or any similar department or agency of the Federal Government, including any national park, national monument, national battlefield, national military park, national historical park, national historic site, national lakeshore, seashore, recreation area, parkway, scenic river, or trail and any site in the National Wildlife Refuge System. ``(10) Application in event of independence.--If any territory becomes independent or otherwise ceases to be a territory or possession of the United States before quarter dollars bearing designs which are emblematic of such territory are minted pursuant to this subsection, this subsection shall cease to apply with respect to such territory.''. TITLE II--BULLION INVESTMENT PRODUCTS SEC. 201. SILVER BULLION COIN. Section 5112 of title 31, United States Code, is amended by inserting after subsection (t) (as added by title I of this Act) the following new subsection: ``(u) Silver Bullion Investment Product.-- ``(1) In general.--The Secretary shall strike and make available for sale such number of bullion coins as the Secretary determines to be appropriate that are exact duplicates of the quarter dollars issued under subsection (t), each of which shall-- ``(A) have a diameter of 3.0 inches and weigh 5.0 ounces; ``(B) contain .999 fine silver; ``(C) have incused into the edge the fineness and weight of the bullion coin; ``(D) bear an inscription of the denomination of such coin, which shall be `quarter dollar'; and ``(E) not be minted or issued by the United States Mint as so-called `fractional' bullion coins or in any size other than the size described in paragraph (A). ``(2) Availability for sale.--Bullion coins minted under paragraph (1)-- ``(A) shall become available for sale no sooner than the first day of the calendar year in which the circulating quarter dollar of which such bullion coin is a duplicate is issued; and ``(B) may only be available for sale during the year in which such circulating quarter dollar is issued. ``(3) Distribution.-- ``(A) In general.--In addition to the authorized dealers utilized by the Secretary in distributing bullion coins and solely for purposes of distributing bullion coins issued under this subsection, the Director of the National Park Service, or the designee of the Director, may purchase numismatic items issued under this subsection, but only in units of no fewer than 1,000 at a time, and the Director, or the Director's designee, may resell or repackage such numismatic items as the Director determines to be appropriate. ``(B) Resale.--The Director of the National Park Service, or the designee of the Director, may resell, at cost and without repackaging, numismatic items acquired by the Director or such designee under subparagraph (A) to any party affiliated with any national site honored by a quarter dollar under subsection (t) for repackaging and resale by such party in the same manner and to the same extent as such party would be authorized to engage in such activities under subparagraph (A) if the party were acting as the designee of the Director under such subparagraph.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

America's Beautiful National Parks Quarter Dollar Coin Act of 2008 - Requires quarter dollars, issued beginning in 2010, to have designs on the reverse emblematic of one national site in each state, territory of the United States, and the District of Columbia. Instructs the Secretary of the Treasury to select in each state a national park or other national site to be honored with a coin. Requires five coin designs in each year of the period of issuance. Instructs the Secretary to strike and make available for sale silver bullion coins that are exact duplicates of such quarter dollars. Authorizes the Director of the National Park Service to purchase for resale or distribution numismatic items issued under this Act.

{"src": "billsum_train", "title": "To provide for a program for circulating quarter dollar coins that are emblematic of a national park or other national site in each State, the District of Columbia, and each territory of the United States, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ambulatory Surgical Center Medicare Payment Modernization Act of 2007''. SEC. 2. MEDICARE PAYMENT FOR AMBULATORY SURGICAL CENTER SERVICES. (a) In General.--Section 1833(i) of the Social Security Act (42 U.S.C. 1395l(i)) is amended to read as follows: ``(i)(1) Payment shall be made under this part in the amount specified under paragraph (2) for facility services furnished to an individual in an ambulatory surgical center (meeting the standards specified under section 1832(a)(2)(F)(i)) in connection with any outpatient surgical procedure covered under this part as a hospital outpatient department service, except for those procedures that the Secretary designates, in consultation with appropriate trade and professional organizations (including those having direct experience with ambulatory surgical centers), as posing a significant safety risk or requiring an overnight stay when performed in ambulatory surgical centers. Absent an identifiable safety risk specific to the performance of a particular procedure in an ambulatory surgical center, the Secretary shall presume that an outpatient surgical procedure covered under this part as a hospital outpatient department service does not pose a significant safety risk when performed in ambulatory surgical centers. Not less frequently than once every two years the Secretary shall review and, may, after public comment, make appropriate adjustments to this list of procedures excluded from coverage when performed in ambulatory surgical centers as the Secretary deems necessary. ``(2)(A) Subject to subparagraphs (B), (C), and (D), the amount of payment to be made under this subsection for facility services furnished to an individual in an ambulatory surgical center in accordance with paragraph (1) shall be equal to 75 percent of the fee schedule amount determined under paragraph (3)(A) of subsection (t) for payment of the same service furnished in hospital outpatient departments, as adjusted under paragraphs (4)(A), (6), and (15) of such subsection, less a 20 percent beneficiary copayment. ``(B) For covered ambulatory surgical center services furnished on or after January 1, 2008, and before January 1, 2012, for which the ambulatory surgical center payment amount payable under this subsection in 2007 (in this subsection referred to as the `2007 ASC payment amount') is less than 75 percent of the hospital OPD fee schedule amount under subsection (t) in 2007 for the same services, the amount of payment under this subsection shall be calculated as follows: ``(i) For services furnished during 2008, the amount shall be equal to the sum of-- ``(I) 80 percent of the 2007 ASC payment amount, as increased by the market basket percentage increase applicable under subsection (t)(3)(C)(iv) for OPD services occurring during the fiscal year ending in such year; and ``(II) 20 percent of the payment amount under paragraph (2)(A) for 2008. ``(ii) For services furnished during 2009, the amount shall be equal to the sum of-- ``(I) 60 percent of the 2007 ASC payment amount as increased under clause (i)(I) and as further increased by the market basket percentage increase applicable under subsection (t)(3)(C)(iv) for OPD services occurring during the fiscal year ending in such year; and ``(II) 40 percent of the payment amount under paragraph (2)(A) for 2009. ``(iii) For services furnished during 2010, the amount shall be equal to the sum of-- ``(I) 40 percent of the 2007 ASC payment amount as increased under clauses (i)(I) and (ii)(I) and as further increased by the market basket percentage increase applicable under subsection (t)(3)(C)(iv) for OPD services occurring during the fiscal year ending in such year; and ``(II) 60 percent of the payment amount under paragraph (2)(A) for 2010. ``(iv) For services furnished during 2011, the amount shall be equal to the sum of-- ``(I) 20 percent of the 2007 ASC payment amount as increased under clauses (i)(I), (ii)(I), and (iii)(I) and as further increased by the market basket percentage increase applicable under subsection (t)(3)(C)(iv) for OPD services occurring during the fiscal year ending in such year; and ``(II) 80 percent of the payment amount under paragraph (2)(A) for 2011. ``(C) For covered ambulatory surgical center services for which the 2007 ASC payment amount is greater than 75 percent of the hospital OPD fee schedule amount under subsection (t) in 2007 for the same services, the amount of payment under this subsection shall be the greater of the 2007 ASC payment amount or-- ``(i) for services furnished in 2008, the payment amount under subparagraph (B)(i); ``(ii) for services furnished in 2009, the payment amount under subparagraph (B)(ii); ``(iii) for services furnished in 2010, the payment amount under subparagraph (B)(iii); ``(iv) for services furnished in 2011, the payment amount under subparagraph (B)(iv); or ``(v) in 2012 and subsequent years, the payment amount under subparagraph (A), but in no case in excess of the then applicable hospital OPD fee schedule amount. ``(D)(i) Notwithstanding subparagraphs (A), (B), and (C), if a facility service furnished to an individual in an ambulatory surgical center includes an implantable medical device, the amount of payment for that service shall be equal to the sum of-- ``(I) 100 percent of the hospital OPD fee schedule amount that the Secretary determines is associated with the device; and ``(II) 75 percent of non-device-related component of the OPD fee schedule amount; less a 20 percent beneficiary copayment. ``(ii) For purposes of clause (i), the term `implantable medical device' includes devices that-- ``(I) are an integral and subordinate part of the procedure performed; ``(II) are used for 1 patient only; ``(III) are single use; ``(IV) come into contact with human tissue; and ``(V) are surgically implanted or inserted, whether or not the device remains with the patient when the patient is released from the ambulatory surgical center..''. (b) Conforming Amendments.-- (1) Section 1832(a)(2)(F)(i) of such Act (42 U.S.C. 1395k(a)(2)(F)(i)) is amended-- (A) by striking ``section 1833(i)(1)(A)'' and inserting ``section 1833(i)(1)''; (B) by striking ``the standard overhead amount as determined under section 1833(i)(2)(A)'' and inserting ``the amount determined under section 1833(i)(2)''; and (C) by striking all that follows ``as full payment for such services'' and inserting ``, or''. (2) Section 1833(a)(1)(G) of such Act (42 U.S.C. 1395l(a)(1)(G)) is amended-- (A) by striking ``subsection (i)(1)(A)'' and inserting ``subsection (i)(1)''; (B) by striking ``for services furnished beginning'' and all that follows through ``subsection (i)(2)(D)''; and (C) by striking ``such revised payment system'' and inserting ``under subsection (i)(2)''. (3) Section 1833(a)(4) of such Act (42 U.S.C. 1395l(a)(4)) is amended-- (A) by striking ``section 1833(i)(1)(A)'' and inserting ``subsection (i)(1)''; and (B) by striking ``paragraph (2) or (3) of subsection (i)'' and inserting ``subsection (i)(1)''. (c) Effective Date.--The amendments made by this section shall apply to ambulatory surgical center services furnished on or after January 1, 2008. SEC. 3. CLARIFYING STATE LICENSURE AUTHORITY. (a) In General.--Section 1832(a)(2)(F)(i) of the Social Security Act (42 U.S.C. 1395k(a)(2)(F)(i)) is amended by inserting ``, except that such standards shall not preclude the provision of surgical services to individuals not covered under the program under this part if such services are permitted to be performed in such a center under applicable State licensure laws'' after ``performed in an ambulatory surgical center (which meets health, safety, and other standards specified by the Secretary in regulations''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act.

Ambulatory Surgical Center Medicare Payment Modernization Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to revise the requirements and the formula for payments for services, including an implantable medical device, furnished to individuals in ambulatory surgical centers.

{"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to modernize payments for ambulatory surgical centers under the Medicare Program."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Reforestation Act of 2004''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the forest land derived from the public domain should be maintained in appropriate forest cover with species of trees, degree of stocking, rate of growth, and conditions of stand designed to secure the maximum benefits of multiple use sustained yield management; (2) recent intense or stand replacing wildfires and other natural disasters, including drought and insect infestations, have destroyed forest ecosystems and eliminated sources of tree seed for desired species, which has delayed or precluded the reestablishment of appropriate forest cover on millions of acres of forest land derived from the public domain; (3) reforestation treatments on forest land derived from the public domain after a wildfire or nonfire natural disturbance event restore appropriate forest cover, which provides multiple renewable resource benefits, including-- (A) protecting soil and water resources; (B) providing habitat for wildlife and fish populations; (C) contributing to aesthetics; (D) enhancing the recreational experience; (E) providing a source of wood fiber for domestic use; and (F) ensuring the health and resiliency of affected ecosystems for present and future generations; (4) post-fire and natural disaster reforestation needs should be accomplished quickly and in accordance with applicable forest land management plans to achieve desired forest conditions at the least cost to other renewable resources values, such as-- (A) the loss of wildlife habitat; (B) soil erosion; and (C) water quality degradation; (5) greater resources are needed to meet reforestation needs on forest land derived from the public domain because of-- (A) damage from wildfire, disease, and insect infestation; and (B) declining revenues; and (6) reforestation needs represent over 5 years of reforestation work at current levels of reforestation, with a backlog of needs accumulating each year. (b) Purposes.--The purposes of this Act are to-- (1) provide increased funding for the reforestation of appropriate forest cover on forest land derived from the public domain; and (2) promote timely reforestation treatment. SEC. 3. TRANSFERS TO TRUST FUND. Section 303(b)(2) of Public Law 96-451 (16 U.S.C. 1606a(b)(2)) is amended by striking ``$30,000,000'' and inserting ``$90,000,000''. SEC. 4. OBLIGATIONS FROM TRUST FUND. Section 303(d) of Public Law 96-451 (16 U.S.C. 1606a(d)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (2) by striking the ``The Secretary of Agriculture'' and inserting the following: ``(2) Reforestation and timber stand improvements.--The Secretary of Agriculture''; (3) by inserting before paragraph (2) (as designated by paragraph (2)) the following: ``(1) Definitions.--In this paragraph: ``(A) Appropriate forest cover.--The term `appropriate forest cover' means the species of trees, the degree of stocking, the rate of growth, and the conditions of a stand designed to secure the maximum benefits of multiple use sustained yield management. ``(B) Moderate fire intensity area.--The term `moderate fire intensity area' means a burned area, with respect to which the Secretary of Agriculture has determined that-- ``(i) factors indicate a high intensity burn has occurred on less than 40 percent of the burned area; and ``(ii) the burned area may-- ``(I) be a potential flood source; ``(II) contain water-repellent soils; or ``(III) yield abnormally high overland runoff. ``(C) High fire intensity area.--The term `high fire intensity area' means a burned area, with respect to which the Secretary of Agriculture has determined that-- ``(i) the factors indicate a high-intensity burn has occurred on 40 percent or more of the burned area; and ``(ii) the burned area is a potential flood source. ``(D) Nonfire natural disturbance event.--The term `nonfire natural disturbance event' means an event that the Secretary of Agriculture has determined-- ``(i) is a result of insect or disease infestation, storm damage, or other natural occurrences; and ``(ii) requires reforestation treatment to restore appropriate forest cover.''. (4) in paragraph (2) (as designated by paragraph (2))-- (A) in subparagraph (A) (as redesignated by paragraph (1))-- (i) by inserting ``, subject to subparagraph (B),'' after ``reforestation''; and (ii) by striking ``and'' at the end; (B) by redesignating subparagraph (B) (as redesignated by paragraph (1)) as subparagraph (C); and (C) by inserting after subparagraph (A) (as redesignated by paragraph (1)) the following: ``(B) reforestation treatment to restore appropriate forest cover on forest land derived from the public domain that is capable of growing trees and that is a moderate fire intensity area or high fire intensity area or that has been severely affected by a nonfire natural disturbance event, if-- ``(i) the need for the reforestation treatment is identified in the report submitted to Congress under section 3(e)(1) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601(e)(1)); and ``(ii) the reforestation treatment occurs within 5 years of-- ``(I) if there is no harvest activity following the wildfire or the nonfire natural disturbance event, a wildfire or a nonfire natural disturbance event; ``(II) if a regeneration harvest is the final cut in a stand in a disturbed area, the regeneration harvest; or ``(III) if a salvage harvest is the final cut in a stand in a disturbed area, the salvage harvest; and''; and (5) by adding at the end the following: ``(3) Colleges and universities.--In addition to amounts authorized under paragraph (2), the Secretary of Agriculture may obligate up to 10 percent of the sums the Secretary expends annually from the Trust Fund to supplement expenditures of the Forest Service to enter into cooperative agreements with colleges and universities (including forestry schools, land grant colleges and universities, 1890 Institutions, and Tuskegee University) to conduct research to promote or enhance reforestation.''. SEC. 5. TECHNICAL AMENDMENT. Section 3 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601) is amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by redesignating the second subsection (d) as subsection (e).

National Reforestation Act of 2004 - Increases, from $30 to $90 million, the amount that can be transferred to the Reforestation Trust Fund by the Secretary of the Treasury in any fiscal year. Authorizes the Secretary of Agriculture to obligate sums in the Trust Fund for reforestation treatment to restore appropriate forest cover on forest land derived from the public domain that is capable of growing trees and that is a moderate fire intensity area or high fire intensity area or that has been severely affected by a nonfire natural disturbance event if the need for the treatment is identified in a specified report on herbicides and pesticides and the treatment occurs within five years of: (1) if there is no harvest activity following the wildfire or the nonfire natural disturbance event, a wildfire or a nonfire natural disturbance event; (2) if a regeneration harvest is the final cut in a stand in a disturbed area, the regeneration harvest; or (3) if a salvage harvest is the final cut in a stand in a disturbed area, the salvage harvest. Allows the Secretary of Agriculture, in addition to amounts authorized from the Trust Fund, to obligate up to ten percent of the sums the Secretary expends annually from the Trust Fund to supplement expenditures of the Forest Service to enter into cooperative agreements with colleges and universities to conduct research to promote or enhance reforestation.

{"src": "billsum_train", "title": "A bill to provide for the reforestation of appropriate forest cover on forest land derived from the public domain, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Our Children from Sexual Predators Act of 2005''. SEC. 2. ISSUANCE OF DRIVER'S LICENSES OR IDENTIFICATION CARDS TO SEX OFFENDERS. A State or tribal actor that issues driver's licenses or identification cards must have in effect throughout the jurisdiction of the actor laws and policies that ensure the following: (1) The actor does not issue a driver's license, commercial driver's license, or identification card to a sex offender or renew the driver's license, commercial driver's license or identification card of a sex offender until the actor has satisfactory evidence indicating that the sex offender is in compliance with all applicable sex offender registration requirements. (2) A driver's license, commercial driver's license, or identification card issued to a sex offender expires on the first anniversary date of the offender's birthday, measured from the birthday nearest the date of issuance. SEC. 3. IMPLEMENTATION BY STATES AND INDIAN TRIBES. (a) In General.--Each State actor or tribal actor shall have not more than 2 years from the date of the enactment of this Act in which to fully implement this Act. (b) Implementation by Tribes and in Indian Country.--The Attorney General shall coordinate with the Secretary of the Interior to assist tribal actors in fully implementing this Act throughout the jurisdiction of each tribal actor. (c) Ineligibility for Funds.-- (1) In general.--For any fiscal year after the expiration of the period specified in subsection (a), a State actor or tribal actor that fails to fully implement this Act shall not receive 10 percent of the funds that would otherwise be allocated for that fiscal year to the actor under any of the following programs: (A) Byrne.--Subpart 1 of Part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), whether characterized as the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise. (B) LLEBG.--The Local Government Law Enforcement Block Grants program. (C) Other law enforcement grants.--Any other program under which the Attorney General provides grants or other financial assistance. (2) Reallocation.--Amounts not allocated under a program referred to in paragraph (1) to an actor for failure to fully implement this Act shall be reallocated under that program to State actors and tribal actors that have not failed to fully implement this Act. SEC. 4. DEFINITIONS. In this Act: (1) State actor.--The term ``State actor'' means any of the following: (A) A State. (B) The District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, or any other territory or possession of the United States. (2) Tribal actor.--The term ``tribal actor'' means a federally recognized Indian tribe. (3) Sex offender.--The term ``sex offender'' means an individual who, either before or after the enactment of this Act, was convicted of, or adjudicated a juvenile delinquent for, an offense (other than an offense involving sexual conduct where the victim was at least 13 years old and the offender was not more than 4 years older than the victim and the sexual conduct was consensual, or an offense consisting of consensual sexual conduct with an adult) whether Federal, State, local, tribal, foreign (other than an offense based on conduct that would not be a crime if the conduct took place in the United States), military, juvenile or other, that is-- (A) a specified offense against a minor; (B) a serious sex offense; or (C) a misdemeanor sex offense against a minor. (4) Specified offense against a minor.--The term ``specified offense against a minor'' means an offense against a minor that involves any of the following: (A) Kidnapping (unless committed by a parent). (B) False imprisonment (unless committed by a parent). (C) Solicitation to engage in sexual conduct. (D) Use in a sexual performance. (E) Solicitation to practice prostitution. (F) Possession, production, or distribution of child pornography. (G) Criminal sexual conduct towards a minor. (H) Any conduct that by its nature is a sexual offense against a minor. (I) Any other offense designated by the Attorney General for inclusion in this definition. (J) Any attempt or conspiracy to commit an offense described in this paragraph. (5) Serious sex offense.--The term ``serious sex offense'' means-- (A) a sex offense punishable under the law of a jurisdiction by imprisonment for more than one year; (B) any Federal offense under chapter 109A, 110, 117, or section 1591 of title 18, United States Code; (C) an offense in a category specified by the Secretary of Defense under section 115(a)(8)(C) of title I of Public Law 105-119 (10 U.S.C. 951 note); (D) any other offense designated by the Attorney General for inclusion in this definition. (6) Misdemeanor sex offense against a minor.--The term ``misdemeanor sex offense against a minor'' means a sex offense against a minor punishable by imprisonment for not more than one year. (7) Minor.--The term ``minor'' means an individual who has not attained the age of 18 years.

Protecting Our Children from Sexual Predators Act of 2005 - Requires a state actor (any state, the District of Columbia, or specified U.S. territories and possessions) or federally recognized Indian tribe (tribal actor) that issues driver's licenses or identification cards to have in effect throughout the jurisdiction laws and policies that ensure that: (1) the actor does not issue or renew a driver's license, commercial driver's license, or identification card to a sex offender (offender) without satisfactory evidence that the offender is in compliance with all applicable offender registration requirements; and (2) such license or card expires on the first anniversary date of the offender's birthday, measured from the birthday nearest the date of issuance. Grants each actor two years to implement this Act. Directs the Attorney General to coordinate with the Secretary of the Interior to assist tribal actors in implementing this Act. Provides that for any fiscal year after the expiration of that period a state or tribal actor that fails to fully implement this Act shall not receive 10% of the funds that would otherwise be allocated under the Byrne, Local Government Law Enforcement Block Grants program and any other program under which the Attorney General provides grants or financial assistance.

{"src": "billsum_train", "title": "To ensure that States do not issue driver's licenses or identification cards to sex offenders unless the offenders are in compliance with all applicable registration requirements."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Vision Care for Kids Act of 2009''. SEC. 2. GRANTS REGARDING VISION CARE FOR CHILDREN. Part Q of title III of the Public Health Service Act (42 U.S.C. 280h et seq.) is amended by adding at the end the following: ``SEC. 399Z-1. GRANTS REGARDING VISION CARE FOR CHILDREN. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants to States on the basis of an established review process for the purpose of complementing existing State efforts for-- ``(1) providing comprehensive eye examinations (as defined in subsection (i)) by a licensed optometrist or ophthalmologist for eligible children (as defined in subsection (b)) who have been previously identified through a vision screening or eye examination by a licensed health care provider or vision screener as needing such services, with priority given to children who are under the age of 9 years; ``(2) providing treatment or services to such children, subsequent to the examinations described in paragraph (1), that are necessary to correct vision problems; and ``(3) developing and disseminating, to parents, teachers, and health care practitioners, educational materials on recognizing signs of visual impairment in children. ``(b) Eligible Children.-- ``(1) In general.--For purposes of this section, the term `eligible child' means, with respect to an examination described in paragraph (1) of subsection (a) or a treatment or service described in paragraph (2) of such subsection and with respect to a State, a child who is a low-income child (as defined by the State) and who-- ``(A) is not eligible for medical assistance under the State plan under title XIX of such Act; ``(B) subject to paragraph (2)(A), is not eligible for child health assistance under the State child health plan under title XXI of the Social Security Act; ``(C) subject to paragraph (2)(B), does not have health insurance coverage (as defined in section 2791) in the group market or in the individual market (as such terms are defined in such section) and is not a beneficiary or participant under a group health plan (as defined in such section); and ``(D) is not receiving assistance under any State health compensation program or under any other Federal or State health benefits program for such examination, treatment, or service, respectively. ``(2) Inclusion of certain low-income children with health benefits.--With respect to an examination described in paragraph (1) of subsection (a) or a treatment or service described in paragraph (2) of such subsection and with respect to a State-- ``(A) paragraph (1)(B) shall not apply to a child who is eligible for child health assistance under the State child health plan under title XXI of the Social Security Act (whether or not such child is enrolled under such plan), if such plan does not provide for coverage of such examination, treatment, or service, respectively; and ``(B) paragraph (1)(C) shall not apply to a child described in such paragraph if no amount is payable under the coverage or plan described in such paragraph for such examination, treatment, or service, respectively. ``(c) Criteria.--The Secretary, in consultation with appropriate professional and patient organizations including individuals with knowledge of age appropriate vision services, shall develop criteria-- ``(1) governing the operation of the grant program under subsection (a); and ``(2) for the collection of data related to vision assessment and the utilization of follow-up services. ``(d) Application.--To be eligible to receive a grant under subsection (a), a State shall submit to the Secretary an application in such form, made in such manner, and containing such information as the Secretary may require, including-- ``(1) information on existing Federal, Federal-State, or State-funded children's vision programs; ``(2) a plan for the use of grant funds, including how funds will be used to complement existing State efforts (including possible partnerships with non-profit entities); ``(3) a plan to determine if an eligible child has been identified as provided for in subsection (a); ``(4) an assurance that funds will be used consistent with this section; ``(5) a description of how funds will be used to provide examinations, treatments, and services, consistent with this section; and ``(6) an assurance that, in providing examinations, treatments, and services through use of such grant, the State will give priority to eligible children with the lowest income. ``(e) Evaluations.--To be eligible to receive a grant under subsection (a), a State shall agree that, not later than 1 year after the date on which amounts under the grant are first received by the State, and annually thereafter while receiving amounts under the grant, the State will submit to the Secretary an evaluation of the operations and activities carried out under the grant, including-- ``(1) an assessment of the utilization of vision services and the status of children receiving these services as a result of the activities carried out under the grant; ``(2) the collection, analysis, and reporting of children's vision data according to guidelines prescribed by the Secretary; and ``(3) such other information as the Secretary may require. ``(f) Limitations in Expenditure of Grant.--A grant may be made under subsection (a) only if the State involved agrees that the State will expend amounts received under such grant as follows: ``(1) The State will expend at least 80 percent of such amounts for the purposes described in paragraphs (1) and (2) of such subsection. ``(2) The State will not expend more than 10 percent of such amounts to carry out the purpose described in paragraph (3) of such subsection. ``(3) The State will not expend more than 10 percent of such amounts for administrative purposes. ``(g) Matching Funds.-- ``(1) In general.--With respect to the costs of the activities to be carried out with a grant under subsection (a), a condition for the receipt of the grant is that the State involved agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than 25 percent of such costs. ``(2) Determination of amount contributed.--Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. ``(h) Supplement Not Supplant.--A State that receives a grant under this section shall ensure that amounts received under such grant will be used to supplement, and not supplant, any other Federal, State, or local funds available to carry out activities of the type carried out under the grant. ``(i) Definitions.--For purposes of this section: ``(1) Child.--The term `child' means an individual who-- ``(A) has not attained 18 years of age; or ``(B) has not attained 19 years of age and is a full-time student in a secondary school (or in the equivalent level of vocational or technical training). ``(2) Comprehensive eye examination.--The term `comprehensive eye examination' includes an assessment of a patient's history, general medical observation, external and ophthalmoscopic examination, visual acuity, ocular alignment and motility, refraction, and as appropriate, binocular vision or gross visual fields, performed by an optometrist or an ophthalmologist. ``(j) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated-- ``(1) $10,000,000 for fiscal year 2010; ``(2) $13,000,000 for fiscal year 2011; and ``(3) $14,000,000 for each of the fiscal years 2012 through 2014.''. Passed the House of Representatives March 31, 2009. Attest: LORRAINE C. MILLER, Clerk.

Vision Care for Kids Act of 2009 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to award matching grants to states to complement existing state efforts to: (1) provide comprehensive eye examinations from a licensed optometrist or ophthalmologist to eligible children who have been previously identified through a vision screening or eye examination by a licensed health care provider or vision screener as needing such services, with priority given to children who are under the age of nine years; (2) provide treatment or services as necessary to correct identified vision problems; and (3) develop and disseminate to parents, teachers, and health care practitioners educational materials on recognizing signs of visual impairment in children. Defines "eligible child" as a low-income child who: (1) is not eligible for medical assistance under Medicaid; (2) is not eligible for child health assistance under the State Children's Health Insurance Program (SCHIP), unless such plan does not provide coverage of such examination, treatment, or service; (3) does not have health insurance coverage unless no amount is payable under the coverage for such examination, treatment, or service; and (4) is not receiving assistance under state health compensation program or any other federal or state health benefits program. Requires the Secretary to develop criteria: (1) governing the operation of the grant program; and (2) for the collection of data related to vision assessment and the utilization of follow-up services.

{"src": "billsum_train", "title": "To establish a grant program to provide vision care to children, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Equity and Access under the Law for Immigrant Women and Families Act of 2017'' or as the ``HEAL for Immigrant Women and Families Act of 2017''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds as follows: (1) Insurance coverage reduces harmful health disparities by alleviating cost barriers to and increasing utilization of basic preventive health services, especially among low-income and underserved populations, and especially among women. (2) Based solely on their immigration status, many immigrants and their families face legal restrictions on their ability to obtain health insurance coverage through Medicaid, CHIP, and Health Insurance Exchanges. (3) Lack of health insurance contributes to persistent disparities in the prevention, diagnosis, and treatment of negative health outcomes borne by immigrants and their families. (4) Immigrant women are disproportionately of reproductive age, low-income, and lacking health insurance coverage. Legal barriers to affordable health insurance coverage therefore particularly exacerbate their risk of negative sexual, reproductive, and maternal health outcomes, with lasting health and economic consequences for immigrant women, their families, and society as a whole. (5) Denying coverage or imposing waiting periods for coverage unfairly hinders the ability of immigrants to take responsibility for their own health and economic well-being and that of their families. To fully and productively participate in society, access to health care is fundamental, which for women includes access to the services necessary to plan whether and when to have a child. (6) The population of immigrant families in the United States is expected to continue to grow. Indeed one in four children in the United States is part of an immigrant family. It is therefore in the Nation's shared public health and economic interest to remove legal barriers to affordable health insurance coverage based on immigration status. (7) Although Deferred Action for Childhood Arrivals (DACA) recipients are authorized to live and work in the United States, they have been unfairly excluded from the definition of lawfully present and lawfully residing for purposes of health insurance coverage by the Department of Health and Human Services, including Medicaid and the Children's Health Insurance Program (CHIP). (8) Immigration law is constantly evolving and new immigration categories for individuals with federally authorized presence in the United States may be created. (b) Purpose.--It is the purpose of this Act to ensure that all individuals who are granted federally authorized presence are treated as being lawfully present in the United States for purposes of eligibility under all federally funded health care programs. SEC. 3. REMOVING BARRIERS TO HEALTH COVERAGE FOR LAWFULLY PRESENT INDIVIDUALS. (a) Medicaid.--Section 1903(v)(4) of the Social Security Act (42 U.S.C. 1396b(v)(4)) is amended-- (1) by amending subparagraph (A) to read as follows: ``(A) Notwithstanding sections 401(a), 402(b), 403, and 421 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, payment shall be made under this section for care and services that are furnished to aliens, including those described in paragraph (1), if they otherwise meet the eligibility requirements for medical assistance under the State plan approved under this title (other than the requirement of the receipt of aid or assistance under title IV, supplemental security income benefits under title XVI, or a State supplementary payment), and are lawfully present in the United States (including such an individual who is granted deferred action or other federally authorized presence other than as a nonimmigrant).''; (2) in subparagraph (B)-- (A) by striking ``a State that has elected to provide medical assistance to a category of aliens under subparagraph (A)'' and inserting ``aliens provided medical assistance pursuant to subparagraph (A)''; and (B) by striking ``to such category'' and inserting ``to such alien''; and (3) in subparagraph (C)-- (A) by striking ``an election by the State under subparagraph (A)'' and inserting ``the application of subparagraph (A)''; (B) by inserting ``or be lawfully present'' after ``lawfully reside''; and (C) by inserting ``or present'' after ``lawfully residing'' each place it appears. (b) CHIP.--Subparagraph (M) of section 2107(e)(1) of the Social Security Act (42 U.S.C. 1397gg(e)(1)) is amended to read as follows: ``(M) Paragraph (4) of section 1903(v) (relating to lawfully present individuals).''. (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to services furnished on or after the date that is 90 days after such date of the enactment. (2) Exception if state legislation required.--In the case of a State plan for medical assistance under title XIX, or a State child health plan under title XXI, of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this section, the respective State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. SEC. 4. CONSISTENCY IN HEALTH COVERAGE FOR INDIVIDUALS WITH FEDERALLY AUTHORIZED PRESENCE, INCLUDING DEFERRED ACTION. (a) In General.--For the purposes of eligibility under any of the provisions referred to in subsection (b), all individuals granted federally authorized presence in the United States other than as a nonimmigrant shall be considered to be lawfully present in the United States. (b) Provisions Described.--The provisions described in this subsection are the following: (1) Exchange eligibility.--Section 1311 of the Patient Protection and Affordable Care Act (42 U.S.C. 18031). (2) Reduced cost-sharing eligibility.--Section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071). (3) Premium subsidy eligibility.--Section 36B of the Internal Revenue Code of 1986. (4) Medicaid and chip eligibility.--Titles XIX and XXI of the Social Security Act, including under section 1903(v) of such Act (42 U.S.C. 1396b(v)). (c) Effective Date.-- (1) In general.--Subsection (a) shall take effect on the date of the enactment of this Act. (2) Transition through special enrollment period.--In the case of an individual described in subsection (a) who, before the first day of the first annual open enrollment period under subparagraph (B) of section 1311(c)(6) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(c)(6)) beginning after the date of the enactment of this Act, is granted federally authorized presence in the United States described in subsection (a) and who, as a result of such subsection, qualifies for a subsidy described in paragraph (2) or (3) of such subsection, the Secretary of Health and Human Services shall establish a special enrollment period under section 1311(c)(6)(C) of such Act during which such individual may enroll in qualified health plans through Exchanges under title I of such Act and qualify for such a subsidy. For such an individual who has been granted federally authorized presence in the United States as of the date of the enactment of this Act, such special enrollment period shall begin not later than 90 days after such date of enactment. Nothing in this paragraph shall be construed as affecting the authority of the Secretary to establish additional special enrollment periods under section 1311(c)(6)(C) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(c)(6)(C)).

Health Equity and Access under the Law for Immigrant Women and Families Act of 2017 or the HEAL Immigrant Women and Families Act of 2017 This bill amends titles XIX (Medicaid) and XXI (Children's Health Insurance) (CHIP) of the Social Security Act to extend Medicaid and CHIP coverage to aliens lawfully present in the United States who otherwise meet eligibility requirements. This applies to individuals granted deferred action or other federally authorized presence but not to nonimmigrants (e.g., individuals with a temporary worker visa). Individuals granted federally authorized presence, except nonimmigrants, are eligible for health insurance exchanges and reduced cost sharing under the Patient Protection and Affordable Care Act and premium subsidies under the Internal Revenue Code.

{"src": "billsum_train", "title": "Health Equity and Access under the Law for Immigrant Women and Families Act of 2017"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Storage Technology Advancement Act of 2007''. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term ``Department'' means the Department of Energy; (2) the term ``electric drive vehicle'' means-- (A) a vehicle that uses an electric motor for all or part of its motive power, including battery electric, hybrid electric, plug-in hybrid electric, fuel cell, and plug-in fuel cell vehicles, and rail transportation vehicles; or (B) mobile equipment that uses an electric motor to replace an internal combustion engine for all or part of the work of the equipment; (3) the term ``islanding'' means a distributed generator or energy storage device continuing to power a location in the absence of electric power from the primary source; (4) the term ``microgrid'' means an integrated energy system consisting of interconnected loads and distributed energy resources, including generators and energy storage devices, which as an integrated system can operate in parallel with the utility grid or in an intentional islanding mode; (5) the term ``Secretary'' means the Secretary of Energy; (6) the term ``self-healing grid'' means a grid that is capable of automatically anticipating and responding to power system disturbances, including the isolation of failed sections and components, while optimizing its own performance and service to customers; and (7) the term ``spinning reserve services'' means an amount of electric generating capacity in excess of the amount needed to meet peak electric demand. SEC. 3. BASIC RESEARCH PROGRAM. (a) In General.--The Secretary shall conduct a basic research program to support the development of energy storage systems for electric drive vehicles, stationary applications, and electricity transmission and distribution, including research on-- (1) materials design; (2) materials synthesis and characterization; (3) electrolytes; (4) surface and interface dynamics; (5) modeling and simulation; and (6) thermal behavior and life degradation mechanisms. (b) Funding.--For activities carried out under this section, in addition to funding activities at National Laboratories, the Secretary shall award funds to, and coordinate activities with, a range of stakeholders including the public, private, and academic sectors. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for carrying out this section $50,000,000 for each of the fiscal years 2009 through 2014. SEC. 4. APPLIED RESEARCH PROGRAM. (a) In General.--The Secretary shall conduct an applied research program on energy storage systems to support electric drive vehicle, stationary application, and electricity transmission and distribution technologies, including research on-- (1) ultracapacitors; (2) flywheels; (3) batteries and battery systems (including flow batteries); (4) compressed air energy systems; (5) power conditioning electronics; (6) manufacturing technologies for energy storage systems; (7) thermal management systems; and (8) hydrogen as an energy storage medium. (b) Funding.--For activities carried out under this section, in addition to funding activities at National Laboratories, the Secretary shall award funds to, and coordinate activities with, a range of stakeholders including the public, private, and academic sectors. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for carrying out this section $80,000,000 for each of the fiscal years 2009 through 2014. SEC. 5. ENERGY STORAGE SYSTEMS DEMONSTRATIONS. (a) In General.--The Secretary shall carry out a program of new demonstrations of advanced energy storage systems. These demonstrations shall be regionally diversified and shall expand on the Department's existing technology demonstration program. These demonstrations should include the participation of a range of stakeholders, such as rural electric cooperatives, investor owned utilities, municipally owned electric utilities, energy storage systems manufacturers, electric drive vehicle manufacturers, the renewable energy production industry, State or local energy offices, the fuel cell industry, and universities. Each of the demonstrations shall include one or more of the following objectives: (1) Energy storage to improve the feasibility of ``micro- grids'' or ``islanding'', or the transmission and distribution capability to improve reliability in rural areas. (2) Integration of an energy storage system with a self- healing grid. (3) Use of energy storage to improve security to emergency response infrastructure. (4) Integration with a renewable energy production source, either at the source or away from the source. (5) Use of energy storage to provide ancillary services, such as spinning reserve services, for grid management. (6) Advancement of power conversion systems to make them smarter, more efficient, able to communicate with other inverters, and able to control voltage. (7) Use of energy storage to optimize transmission and distribution operation and power quality, which could address overloaded lines and maintenance of transformers and substations. (8) Use of advanced energy storage for peak load management of homes, businesses, and the grid. (9) Use of energy storage devices to fill up nonpeak generation periods for electricity demand to make better use of existing grid assets. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for carrying out this section $30,000,000 for each of the fiscal years 2009 through 2014. SEC. 6. VEHICLE ENERGY STORAGE DEMONSTRATION. (a) In General.--The Secretary shall carry out a program of electric drive vehicle energy storage technology demonstrations. These technology demonstrations shall be conducted through consortia, which may include energy storage systems manufacturers and their suppliers, electric drive vehicle manufacturers, rural electric cooperatives, investor owned utilities, municipal and rural electric utilities, State and local governments, metropolitan transportation authorities, and universities. The program shall demonstrate one or more of the following: (1) Novel, high capacity, high efficiency energy storage, charging, and control systems, along with the collection of data on performance characteristics such as battery life, energy storage capacity, and power delivery capacity. (2) Advanced onboard energy management systems, and highly efficient battery cooling systems. (3) Integration of such systems on a prototype vehicular platform, including with drivetrain systems for passenger, commercial, and nonroad electric drive vehicles. (4) New technologies and processes that reduce manufacturing costs. (5) Integration of advanced vehicle technologies with electricity distribution system and smart metering technology. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for carrying out this section $30,000,000 for each of the fiscal years 2009 through 2014. SEC. 7. SECONDARY APPLICATIONS AND DISPOSAL OF ELECTRIC DRIVE VEHICLE BATTERIES. (a) In General.--The Secretary shall carry out a program of research, development, and demonstration of secondary applications of energy storage devices following service in electric drive vehicles, and of technologies and processes for final recycling and disposal of these devices. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for carrying out this section $5,000,000 for each of the fiscal years 2009 through 2014. SEC. 8. COORDINATION AND NONDUPLICATION. To the maximum extent practicable, the Secretary shall coordinate activities under this Act with other programs and laboratories of the Department and other Federal research programs. SEC. 9. COST SHARING. The Secretary shall carry out the programs under sections 6 and 7 in compliance with section 988 (a) through (d) and section 989 of the Energy Policy Act of 2005 (42 U.S.C. 16352(a) through (d) and 16353). Passed the House of Representatives October 22, 2007. Attest: LORRAINE C. MILLER, Clerk.

Energy Storage Technology Advancement Act of 2007 - (Sec. 3) Directs the Secretary of Energy to: (1) conduct programs of basic and applied research to support the development of energy storage systems for electric drive vehicles, stationary applications, and electricity transmission and distribution; and (2) award funds to, and coordinate activities with, stakeholders in the public, private, and academic sectors. Authorizes appropriations for FY2009-FY2014. (Sec. 5) Directs the Secretary to implement a program of new regionally diversified demonstrations of advanced energy storage systems to expand upon the existing technology demonstration program of the Department of Energy (DOE). Urges such demonstrations to include the participation of a range of stakeholders, such as rural electric cooperatives, investor owned utilities, municipally owned electric utilities, energy storage systems manufacturers, electric drive vehicle manufacturers, the renewable energy production industry, state or local energy offices, the fuel cell industry, and universities. Authorizes appropriations for FY2009-FY2014. (Sec. 6) Directs the Secretary to implement a demonstration program of electric drive vehicle energy storage technology, including integration of such systems on a prototype vehicular platform with drivetrain systems for passenger, commercial, and nonroad electric drive vehicles. Requires such demonstrations to be conducted through consortia, which may include the same range of stakeholders suggested for the advanced energy storage systems demonstration program. Authorizes appropriations for FY2009-FY2014. (Sec. 7) Instructs the Secretary to carry out a program of research, development, and demonstration of: (1) secondary applications of energy storage devices following service in electric drive vehicles; and (2) technologies and processes for final recycling and disposal of these devices. Authorizes appropriations for FY2009-FY2014. (Sec. 8) Requires the Secretary to carry out the programs under this Act in compliance with the requirements of the Energy Policy Act of 2005 (EPACT 2005) for cost sharing and impartial review of the scientific and technical merit of award proposals.

{"src": "billsum_train", "title": "To provide for research, development, and demonstration programs in advanced energy storage systems for electric drive vehicles, stationary applications, and electricity transmission and distribution applications, to support the ability of the United States to remain globally competitive in this field, and to promote the efficient delivery and use of energy."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Home Mortgage and Loan Performance Registry Act of 2009''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) there is no standardized, centralized data readily available and reliable for government use that details national mortgage foreclosure rates for single-family housing, multifamily housing, and small farms, or mortgage default statistics; (2) currently there is no public database that is easily accessible to determine mortgage lending and foreclosure trends; (3) the Home Mortgage Disclosure Act of 1975 could be used as a means of collecting data at loan origination and using such information throughout the life of the loan; and (4) the current mortgage crisis demonstrates the need to establish a centralized system to collect and disclose such information. (b) Purpose.--The purpose of this Act is to establish a National Home Mortgage and Loan Performance Registry-- (1) to provide the public with timely mortgage performance information that can be used by the Departments of the Treasury and Housing and Urban Development, and other agencies of the Federal Government to monitor trends in the mortgage market, identify emerging problems, make decisions about necessary interventions, conduct research, and effectively evaluate the housing market in the United States and Federal housing programs; and (2) that meets the reporting needs and requirements of the Federal Housing Finance Agency to provide timely mortgage performance information. SEC. 3. ADDITIONAL INFORMATION REPORTED BY LENDER AT LOAN ORIGINATION. Section 304(b) of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2803(b)) is amended-- (1) in paragraph (3), by striking ``and'' at the end; (2) in paragraph (4), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(5) a unique identification number for each mortgage loan, which shall be a part of the permanent record for such loan that is transmitted to any subsequent servicers of the loan; ``(6) for each mortgage loan, the appraised value of the residence for which the loan was made as of the time of the origination of the loan; ``(7) for each mortgage loan, a classification of the structure of the loan, by loan terms, including interest rate and repayment terms, such as 30-year fixed, balloon payment, 5- year adjustable rate, and such other categories as the Board may establish; and ``(8) for each mortgage loan, the lowest interest rate for which the borrower qualified without payment of discount points (commonly referred to as the par rate) to permit identification of mortgagors eligible for prime loans who were provided subprime loans.''. SEC. 4. REPORTING OF INFORMATION BY SERVICERS. Section 304 of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2803) is amended by adding at the end the following new subsection: ``(n) Loan Servicer Information.-- ``(1) In general.--The Board shall, in conjunction with the Secretary of Housing and Urban Development, require other lending institutions, including servicers of mortgage loans, to submit to the appropriate agency, as identified under subsection (h), the information required under paragraph (2) if any of the events referred to in paragraph (3) occurs during the term of the loan. ``(2) Required information.--The information required under this paragraph with respect to a mortgage loan is-- ``(A) the year that the loan was originated; ``(B) the unique identifier number established for the loan (pursuant to subsection (b)(5)); ``(C) the type of event referred to in paragraph (3) that occurred with respect to the loan; and ``(D) in the case of any loan for which an event referred to in paragraph (3)(D) occurs-- ``(i) whether such event resulted in a new disclosure under subsections (a) and (b) for a new loan; ``(ii) a description of the loan modifications made, including any extension of amortization period, whether permanent or temporary, change in interest rate, write-down or recapitalization of any one or more of fees, delinquent interest, or principal obligation. ``(3) Loan events.--The events referred to in this paragraph are the following events: ``(A) The borrower under the loan becomes 90 days or more delinquent in payments due under the loan. ``(B) Foreclosure (including any judicial or nonjudicial foreclosure) is commenced with respect to the loan. ``(C) In the case of any loan that was in default or in foreclosure, the borrower under the loan becomes current with respect to obligations under the loan. ``(D) Any modification is made with respect to the terms of the loan. ``(E) Foreclosure is completed with respect to the loan. ``(4) Data collected by private sector.--The Board, in conjunction with the Secretary of Housing and Urban Development, shall collect any other information regarding mortgage loans, including information collected or held by servicers of mortgage loans, that the Board considers necessary to accomplish the purposes of this Act and the National Home Mortgage and Loan Performance Registry Act of 2009 and to provide a more comprehensive public home mortgage information system. ``(5) Definition.--For purposes of this paragraph, the term `servicer' means, with respect to a mortgage loan, the person responsible for receiving scheduled periodic payments by the borrower under the loan, including any payments for insurance, taxes, and any other amounts escrowed under the loan, and making payments of principal and interest and such other payments with respect to such amounts received from the borrower as may be required under the terms of the loan.''. SEC. 5. NATIONAL HOME MORTGAGE AND LOAN PERFORMANCE REGISTRY. The Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2801 et seq.) is amended by adding at the end the following new section: ``SEC. 312. NATIONAL HOME MORTGAGE AND LOAN PERFORMANCE REGISTRY. ``(a) Establishment.--The Board shall establish a National Home Mortgage and Loan Performance Registry (in this section referred to as the `Registry') to compile and make available information collected under this Act regarding the making of mortgage loans and the performance of such loans, including information regarding default and foreclosure occurrences and rates, for mortgage loans for single-family housing, multifamily housing, and small farms. ``(b) Quarterly Reports.-- ``(1) In general.--Using information collected in the Registry, the Board shall submit a report for each calendar quarter as promptly as possible after the conclusion of such quarter to the Congress, the Secretary of the Treasury, and the Secretary of Housing and Urban Development regarding the performance of mortgage loans outstanding during such quarter in the United States. ``(2) Information.--Each report under this subsection for a calendar quarter shall provide aggregate data regarding mortgage loans originated during the quarter, mortgage loan defaults and default rates during the quarter, and mortgage loan foreclosures and foreclosure rates during the quarter and such other data as the Board considers appropriate to assist the housing industry, the Federal Government, and State and local governments to make effective decisions regarding the provision of housing and Federal housing assistance. Such data shall be provided for mortgage loans for each census tract, zip code, county, metropolitan area, and State, based on the location of the property securing the loan. ``(3) Review and certification.--The Board shall review and certify the accuracy of the data included in each quarterly report under this subsection before submitting such report in accordance with paragraph (1). ``(4) Public availability.--The Board shall make each report under this subsection publicly available upon submission in accordance with paragraph (1).''. SEC. 6. REPORT TO CONGRESS ON IMPROVING REGISTRY. Not later than the expiration of the 18-month period beginning on the date of the enactment of this Act, the Board of Governors of the Federal Reserve System, the Secretary of the Treasury, and Secretary of Housing and Urban Development shall jointly submit a report to the Congress setting forth any additional actions or authority necessary to provide for the National Home Mortgage and Loan Performance Registry (as established under the amendment made by section 5 of this Act) to-- (1) more accurately determine and report foreclosure rates for residential mortgages, including mortgage statistics, for single-family and multifamily housing and small farms in the United States; and (2) obtain information sufficient to allow-- (A) more effective use of the Registry to evaluate existing Federal housing programs; and (B) more effective use of the Registry to evaluate mortgage lending practices; and (3) to improve the function and purpose of the Registry. SEC. 7. REGULATIONS. Not later than the expiration of the 18-month period beginning on the date of the enactment of this Act, the Board of Governors of the Federal Reserve System shall commence a rulemaking proceeding to issue any regulations necessary to amend, modify, and update the regulations of the Board regarding home mortgage disclosure (12 C.F.R. part 203; known as regulation C) in accordance with this Act and the amendments made by this Act.

National Home Mortgage and Loan Performance Registry Act of 2009 - Amends the Home Mortgage Disclosure Act of 1975 to require certain additional itemized mortgage loan data disclosures by depository institutions and mortgage servicers. Directs the Board of Governors of the Federal Reserve System to establish a National Home Mortgage and Loan Performance Registry to compile and make available information regarding the making of mortgage loans and their performance, including information regarding default and foreclosure occurrences and rates, for mortgage loans for single-family housing, multifamily housing, and small farms. Requires the Board to report quarterly to Congress, the Secretary of the Treasury, and the Secretary of Housing and Urban Development (HUD) regarding the performance of outstanding mortgage loans. Directs the Board and the Secretaries to report jointly to Congress regarding any additional actions or authority necessary to improve the Registry.

{"src": "billsum_train", "title": "To create a National Home Mortgage and Loan Performance Registry to maintain an inventory of the supply and performance of home mortgage loans in the United States to show market trends and dynamics in the mortgage lending industry and provide detailed information on national mortgage foreclosure rates."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Soldier Prevention Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) According to the September 7, 2005, report to the United Nations General Assembly by the Special Representative of the Secretary General for Children and Armed Conflict, ``In the last decade, two million children have been killed in situations of armed conflict, while six million children have been permanently disabled or injured. Over 250,000 children continue to be exploited as child soldiers and tens of thousands of girls are being subjected to rape and other forms of sexual violence.''. (2) According to the Center for Emerging Threats and Opportunities (CETO), Marine Corps Warfighting Laboratory, ``The Child Soldier Phenomenon has become a post-Cold War epidemic that has proliferated to every continent with the exception of Antarctica and Australia.''. (3) Many of the children currently serving in armed forces or paramilitaries were forcibly conscripted through kidnapping or coercion, while others joined military units due to economic necessity, to avenge the loss of a family member, or for their own personal safety. (4) Some military and militia commanders force child soldiers to commit gruesome acts of ritual killings or torture, including acts of violence, against other children. (5) Many female child soldiers face the additional psychological and physical horrors of rape and sexual abuse, enslavement for sexual purposes by militia commanders, and severe social stigma should they return home. (6) Some military and militia commanders target children for recruitment because of their psychological immaturity and vulnerability to manipulation and indoctrination. Children are often separated from their families in order to foster dependence on military units and leaders. Consequently, many of these children suffer from deep trauma and are in need of psychological counseling and rehabilitation. (7) Child soldiers are exposed to hazardous conditions and are at risk of physical injury and disability, psychological trauma, sexually transmitted diseases, respiratory and skin infections, and often death. (8) On May 25, 2000, the United Nations adopted and opened for signature, ratification, and accession the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, which establishes 18 as the minimum age for conscription, forced recruitment, or direct participation in hostilities. (9) On June 18, 2002, the Senate unanimously approved the resolution advising and consenting to the ratification of the Optional Protocol. (10) On December 23, 2002, the United States presented the ratified optional protocol to the United Nations. (11) One hundred and six governments worldwide have ratified the optional protocol, establishing a clear international norm prohibiting the use of children in combat. (12) It is in the national and security interests of the United States to reduce the chances that members of the United States Armed Forces will be forced to encounter children in combat situations. (13) Section 502B(a)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(a)(3)) provides that ``the President is directed to formulate and conduct international security assistance programs of the United States in a manner which will promote and advance human rights and avoid identification of the United States, through such programs, with governments which deny to their people internationally recognized human rights and fundamental freedoms, in violation of international law or in contravention of the policy of the United States as expressed in this section or otherwise.''. SEC. 3. CHILD SOLDIER DEFINED. In this Act, the term ``child soldier'' means-- (1) any person under the age of 18 years old who is-- (A) forcibly recruited or conscripted-- (i) to serve in any type of regular or irregular armed force or armed group in any capacity, including in a support role such as cook, porter, or messenger; or (ii) to accompany such a force or group, other than as a direct family member; or (B) serving in hostilities as part of a regular armed force or armed group; and (2) any person under the age of 16 years old serving in any capacity as part of a regular or irregular armed force or armed group. SEC. 4. STATEMENT OF CONGRESS; SENSE OF CONGRESS. (a) Statement of Congress.--Congress condemns the conscription, forced recruitment, or use of children by governments, paramilitaries, or other organizations in hostilities. (b) Sense of Congress.--It is the sense of Congress that-- (1) the United States should support and, where practicable, lead efforts to establish and uphold international standards designed to end the conscription, forced recruitment, or use of children by governments, paramilitaries, or other organizations in hostilities; (2) the United States should expand ongoing services to rehabilitate recovered child soldiers and to reintegrate them back into their communities by-- (A) offering ongoing psychological services to help victims recover from their trauma and relearn how to deal with others in nonviolent ways such that they are no longer a danger to their community; and (B) facilitating reconciliation with their communities through negotiations with traditional leaders and elders to enable recovered abductees to resume normal lives in their communities; (3) the United States should work with the international community on efforts to bring to justice rebel organizations that kidnap children for use as child soldiers, such as the Lord's Resistance Army (LRA) in Uganda, Fuerzas Armadas Revolucionarias de Colombia (FARC), and the Communist Party of Nepal (CPN), including through regional cooperation, where feasible, to arrest the leaders of such groups and recover those children who have been abducted; (4) United States diplomatic missions in countries in which governments use or tolerate child soldiers should develop, as part of annual program planning, strategies to promote efforts to end the conscription, forced recruitment, or use of children by governments, paramilitaries, or other organizations in hostilities; and (5) in allocating or recommending the allocation of funds or recommending candidates for programs and grants funded by the United States, United States diplomatic missions should give particular consideration to those programs and candidates deemed to promote the end to the conscription, forced recruitment, or use of children by governments, paramilitaries, or other organizations in hostilities. SEC. 5. PROHIBITION. (a) In General.--Subject to subsections (b), (c), and (d), none of the funds appropriated or otherwise made available for international military education and training, foreign military financing, foreign military sales, direct commercial sales, or excess defense articles by the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006 (Public Law 109-102) or any other Act making appropriations for foreign operations, export financing, and related programs may be obligated or otherwise made available to the government of a country that is clearly identified by the Department of State in the Department of State's most recent Country Reports on Human Rights Practices as having governmental armed forces or government supported armed groups, including paramilitaries, militias, or civil defense forces, that recruit or use child soldiers. (b) Notification to Countries in Violation of the Standards of This Act.--Not later than March 15 of each year, the Secretary of State shall formally notify any government identified pursuant to subsection (a). (c) National Interest Waiver.-- (1) Waiver.--The President may waive the application to a country of the prohibition described in subsection (a) if the President determines that such waiver is in the national interest of the United States. (2) Publication and notification.--The President shall publish in the Federal Register each waiver granted under paragraph (1) and shall notify the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate of each such waiver, including the justification for such waiver, in accordance with the regular notification procedures of such Committees. (d) Reinstatement of Assistance.--The President may provide to a country assistance otherwise prohibited under subsection (a) upon the submission of a certification to Congress that the government of such country-- (1) is implementing effective measures to come into compliance with the standards of this Act; and (2) is implementing effective policies and mechanisms to prohibit and prevent future placement of children in combat roles and to ensure that no children are recruited before the age of 16 years old or forcibly recruited or conscripted before the age of 18 years old. (e) Exception for Programs Directly Related to Addressing the Problem of Child Soldiers.-- (1) In general.--The President may provide to a country assistance for international military education and training otherwise prohibited under subsection (a) upon certifying to Congress that the assistance provided by the United States Government to the government of such country will go to programs that will directly support addressing the problem of child soldiers. (2) Limitation.--The exception under paragraph (1) may not remain in effect for more than two years after the date of notification under subsection (b). SEC. 6. ROLE OF UNDER SECRETARY FOR DEMOCRACY AND GLOBAL AFFAIRS AS LEAD ON CHILD SOLDIER ISSUES. (a) In General.--The Under Secretary for Democracy and Global Affairs shall coordinate United States policy on child soldier issues, including by performing the following functions: (1) Serving as a principal adviser to the President and the Secretary of State regarding matters affecting the use of child soldiers, including making recommendations regarding-- (A) the policies of the United States toward governments that use child soldiers; and (B) policies to promote the end to the use of child soldiers in conflicts around the world. (2) Preparing and submitting the reports required under section 7 and 8. SEC. 7. REPORTS. (a) Preparation of Reports Regarding Child Soldiers.--The Secretary of State shall ensure that United States missions abroad maintain a consistent reporting standard and thoroughly investigate reports of the use of child soldiers. (b) Information for Annual Country Reports on Human Rights Practices.--The Under Secretary for Democracy and Global Affairs shall assist the Secretary of State in preparing those portions of the annual Country Reports on Human Rights Practices (prepared in accordance with sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n and 2304(b))) that relate to child soldiers and assure that such reports shall include a description of the use of child soldiers in each foreign country, including-- (1) trends toward improvement in such country of the status of child soldiers or the continued or increased tolerance of such practices; and (2) the role of the government of such country in engaging in or tolerating the use of child soldiers. (c) Inclusion of Information on Violations.--If the Secretary of State, in consultation with the Under Secretary for Democracy and Global Affairs, determines that the government of a country or a regular or irregular armed force or armed group in such country has violated the standards of this Act, the Secretary shall clearly indicate that fact in the relevant annual Country Reports on Human Rights Practices. (d) Annual Reports to Congress.--Not later than June 15 of each year, the President shall submit to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate-- (1) a list of the governments receiving notification that they are in violation of the standards of this Act; (2) a list of any waivers or exceptions exercised under this Act; (3) justification for those waivers and exceptions; and (4) a description of any assistance provided pursuant to this Act. SEC. 8. REPORT ON IMPLEMENTATION OF ACT. Not later than 180 days after the date of the enactment of this Act, the President shall submit to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate a report setting forth a strategy for achieving the policy objectives of this Act, including a description of an effective mechanism for coordination of United States efforts to implement this strategy. SEC. 9. TRAINING FOR FOREIGN SERVICE OFFICERS. Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 4028) is amended by adding at the end the following new subsection: ``(c) The Secretary of State, with the assistance of other relevant officials, shall establish as part of the standard training provided after January 1, 2007, for members of the Service instruction on the rights of child soldiers.''. SEC. 10. EFFECTIVE DATE; APPLICABILITY. This Act shall take effect 180 days after the date of the enactment of this Act and shall apply to funds obligated after such effective date.

Child Soldier Prevention Act of 2006 - Defines "child soldier." States that Congress condemns the conscription, forced recruitment, or use of children by governments, paramilitaries, or other organizations in hostilities. Prohibits, with a national interest waiver, funds appropriated or otherwise made available for specified military and related uses from being obligated or otherwise made available to the government of a country identified by the Department of State as having governmental armed forces or government supported armed groups, including paramilitaries, militias, or civil defense forces, that recruit or use child soldiers. Directs the Secretary of State to notify any government so identified. Authorizes the President to reinstate assistance upon certifying to Congress that a government is implementing: (1) compliance measures; and (2) mechanisms to prohibit future placement of children in combat roles and to ensure that no children are recruited before the age of 16 years old or forcibly recruited or conscripted before the age of 18 years old. Authorizes the President to provide assistance to a country for international military education and training otherwise prohibited under this Act upon certifying to Congress that such assistance is for programs that directly address the child soldier problem. States that the Under Secretary for Democracy and Global Affairs shall coordinate U.S. policy on child soldier issues.

{"src": "billsum_train", "title": "To end the use of child soldiers in hostilities around the world, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Independence Act of 2007''. SEC. 2. PURPOSE AND GOALS. The purpose of this Act is to provide support for projects and activities to facilitate the energy independence of the United States so as to ensure that-- (1) all but 10 percent of the energy needs of the United States are supplied by domestic energy sources by calendar year 2017; and (2) all but 20 percent of the energy needs of the United States are supplied by non-fossil fuel sources by calendar year 2037. SEC. 3. ENERGY POLICY COMMISSION. (a) Establishment.-- (1) In general.--There is established a commission, to be known as the ``National Commission on Energy Independence'' (referred to in this section as the ``Commission''). (2) Membership.--The Commission shall be composed of 15 members, of whom-- (A) 3 shall be appointed by the President; (B) 3 shall be appointed by the majority leader of the Senate; (C) 3 shall be appointed by the minority leader of the Senate; (D) 3 shall be appointed by the Speaker of the House of Representatives; and (E) 3 shall be appointed by the minority leader of the House of Representatives. (3) Co-chairpersons.-- (A) In general.--The President shall designate 2 co-chairpersons from among the members of the Commission appointed. (B) Political affiliation.--The co-chairpersons designated under subparagraph (A) shall not both be affiliated with the same political party. (4) Deadline for appointment.--Members of the Commission shall be appointed not later than 90 days after the date of enactment of this Act. (5) Term; vacancies.-- (A) Term.--A member of the Commission shall be appointed for the life of the Commission. (B) Vacancies.--Any vacancy in the Commission-- (i) shall not affect the powers of the Commission; and (ii) shall be filled in the same manner as the original appointment. (b) Purpose.--The Commission shall conduct a comprehensive review of the energy policy of the United States by-- (1) reviewing relevant analyses of the current and long- term energy policy of, and conditions in, the United States; (2) identifying problems that may threaten the achievement by the United States of long-term energy policy goals, including energy independence; (3) analyzing potential solutions to problems that threaten the long-term ability of the United States to achieve those energy policy goals; and (4) providing recommendations that will ensure, to the maximum extent practicable, that the energy policy goals of the United States are achieved. (c) Report and Recommendations.-- (1) In general.--Not later than December 31 of each of calendar years 2009, 2011, 2013, and 2015, the Commission shall submit to Congress and the President a report on the progress of United States in meeting the long-term energy policy goal of energy independence, including a detailed statement of the findings, conclusions, and recommendations of the Commission. (2) Legislative language.--If a recommendation submitted under paragraph (1) involves legislative action, the report shall include proposed legislative language to carry out the action. (d) Commission Personnel Matters.-- (1) Staff and director.--The Commission shall have a staff headed by an Executive Director. (2) Staff appointment.--The Executive Director may appoint such personnel as the Executive Director and the Commission determine to be appropriate. (3) Experts and consultants.--With the approval of the Commission, the Executive Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (4) Federal agencies.-- (A) Detail of government employees.-- (i) In general.--Upon the request of the Commission, the head of any Federal agency may detail, without reimbursement, any of the personnel of the Federal agency to the Commission to assist in carrying out the duties of the Commission. (ii) Nature of detail.--Any detail of a Federal employee under clause (i) shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. (B) Technical assistance.--Upon the request of the Commission, the head of a Federal agency shall provide such technical assistance to the Commission as the Commission determines to be necessary to carry out the duties of the Commission. (e) Resources.-- (1) In general.--The Commission shall have reasonable access to materials, resources, statistical data, and such other information from Executive agencies as the Commission determines to be necessary to carry out the duties of the Commission. (2) Form of requests.--The co-chairpersons of the Commission shall make requests for access described in paragraph (1) in writing, as necessary.

Energy Independence Act of 2007 - Establishes the National Commission on Energy Independence to conduct a comprehensive review of domestic energy policy. Requires the Commission to submit a status report in specified calendar years to Congress and the President on progress in meeting the long-term energy policy goal of energy independence.

{"src": "billsum_train", "title": "A bill to promote the energy independence of the United States, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Cities Investment Act of 1997''. SEC. 2. COMMUNITY DEVELOPMENT LOAN GUARANTEES. (a) Advances From Federal Home Loan Banks.--Section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308) is amended by adding at the end the following new subsection: ``(s) Authority to Guarantee Advances From Federal Home Loan Banks.-- ``(1) Limitation on maximum outstanding loan guarantees.-- Notwithstanding any other provision of this section, the maximum aggregate outstanding amount of notes and obligations of a single issuer guaranteed under this section shall be an amount determined by the Secretary based on the amount of the grant approval for the issuer under section 106 or 107, the fiscal condition of the issuer, and the potential return on investment of the projects to be undertaken with the proceeds of such notes and obligations, but may not in any case exceed the discounted present value of the grants that the issuer would receive over a period not to exceed 20 years if the issuer's annual grant amount over such period were equal to 80 percent of the current grant approval for the issuer. The amount of an advance guaranteed under paragraph (2) shall be included in the aggregate outstanding amount of notes and loans for purposes of the limitation under this paragraph. ``(2) Security.--The Secretary may use any authority provided for guaranteed loans authorized by this section to guarantee advances made under section 10b(c) of the Federal Home Loan Bank Act, but only if the unit of general local government for the eligible public entity or designated public agency to which the advance is made pledges any grants to which it becomes eligible under this title as security for repayment of the advance.''. (b) Stakeholder Participation.--Section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308) is amended by adding after subsection (s), as added by subsection (a) of this section, the following new subsection: ``(t) Stakeholder Participation.-- ``(1) Requirement.--For the purposes of the development of activities to be funded under this section, the community participation requirements of section 104(a) shall be expanded to include participation of major stakeholders. Such stakeholders may include, but not be limited to the representatives of the following community interests: ``(A) Business. ``(B) Banking. ``(C) Education. ``(D) Public health and safety. ``(E) Labor. ``(F) Arts, cultural, religious, philanthropic, professional, and civic organizations. ``(2) Definition.--For purposes of this subsection, the term `stakeholder' means a public or private organizational entity whose future well-being depends upon the applicant's continued social and economic viability.''. SEC. 3. FEDERAL HOME LOAN BANK ADVANCES. Section 10b of the Federal Home Loan Bank Act (12 U.S.C. 1430b) is amended by adding at the end the following new subsections: ``(c) Advances to Units of Local Government for Community Development Purposes.--A Federal Home Loan Bank may make advances to an metropolitan city or urban county (as such terms are defined in section 102) of the Housing and Community Development Act of 1974) or a public agency designated by a metropolitan city or urban county in the same manner provided for advances to nonmember mortgagees under this section, except that advances under this subsection shall not be subject to the requirements under this section regarding security, but may be made only-- ``(1) pursuant to a guarantee provided under section 108(s)(2) of the Housing and Community Development Act of 1974; or ``(2) in accordance with subsection (d). ``(d) 3-Year Advances of CDBG Entitlement Grant Amounts.-- ``(1) Authority.--An advance by a Federal Home Loan Bank made in accordance with this subsection in any fiscal year may be made only to a metropolitan city or urban county that-- ``(A) receives grant amounts under subsection (b) or (d) of section 106 of the Housing and Community Development Act of 1974 for such fiscal year; ``(B) includes, in its statement under section 104 of such Act of community development objectives and projected use of funds, the information required under paragraph (3); ``(C) agrees to use such funds only for extraordinary or pressing community development needs, in accordance with the statement under paragraph (3). ``(2) Use of advances.-- ``(A) In general.--Amounts from an advance under this subsection may be used only for eligible activities under section 105 of the Housing and Community Development Act of 1974 to meet extraordinary or pressing community development needs of a non- or infrequently recurring nature that-- ``(i) require amounts greater than the annual block grant amounts provided under title I of the Housing and Community Development Act of 1974 to the metropolitan city or urban county; and ``(ii) cannot be funded with other amounts available to the city or county. ``(B) Prohibition of substitution of funds.--A metropolitan city or urban county may use amounts received from an advance under this subsection only to supplement and, to the extent practical, increase the level of funds that would, in the absence of the advance, be available to the city or county from other Federal and non-Federal sources for the activities for which the advance is used, and in no case may such funds be used so as to supplant funds from Federal or non-Federal sources. ``(3) Statement of community development objectives.--The information required under this paragraph is information that-- ``(A) describes the projected use of the funds received in the advance under this subsection and the proposed community development activities to be conducted with such amounts; ``(B) explains why such activities comply with the requirements under paragraph (2)(A); ``(C) sets forth a business plan for using such funds and conducting such activities; and ``(D) certifies that the metropolitan city or urban county is not violating the prohibition under paragraph (2)(B). ``(4) Amount.--The amount of an advance made under this subsection in any fiscal year to any metropolitan city or urban county may not exceed 3 times the amount of the grant under subsection (b) or (d) (as applicable) of section 106 of the Housing and Community Development Act of 1974 made to such city or county for such fiscal year. Any advance shall be in addition to the grant under section 106 of such Act for the city or county for the fiscal year in which the advance is made. ``(5) Repayment.--Notwithstanding any other provision of title I of the Housing and Community Development Act of 1974, a metropolitan city or urban county that receives an advance under this subsection shall be subject to the following provisions: ``(A) Direct repayment of grant amounts to federal home loan bank during period of ineligibility.--For each fiscal year after the year in which the advance was made, the Secretary of Housing and Urban Development shall pay directly to the Federal Home Loan Bank that made the advance (out of any amounts appropriated for grants under section 106 of the Housing and Community Development Act of 1974) any grant amounts that are allocated under such section for such city or county (and would otherwise be made available to the city or county in the form of a grant under title I of such Act) until the sum of the amounts repaid to the Bank pursuant to this subparagraph for the city or county is equal to the amount of the advance. ``(B) Ineligibility for entitlement grants.--Such city or county may not be provided any grant under section 106 of such Act from amounts allocated under such section 106 for such city or county for any fiscal year occurring after the fiscal year in which such advance is made, until the first fiscal year that the sum of the amounts repaid to the Bank pursuant to subparagraph (A) is equal to the amount the advance. ``(C) Grant amount during first year of renewed eligibility.--For the first fiscal year after an advance under this subsection is made that such city or county is eligible under subparagraph (B) to receive any grant amounts under section 106 of the Housing and Community Development Act of 1974, the amount of a grant under such section 106 for such city or county shall not exceed the difference between-- ``(i) the total amount allocated under such section 106 for such city or county for such fiscal year; and ``(ii) the amount by which the advance exceeds the sum of the amounts repaid pursuant to subparagraph (A) to the Bank for such city or county in preceding fiscal years occurring after the year in which the advance was made. ``(6) Ineligibility for advances.--A metropolitan city or urban county that receives an advance under this subsection shall not be eligible to receive a subsequent advance under this subsection until the first fiscal year commencing after the fiscal year in which the final payment to the Bank making the advance is made pursuant to paragraph (5)(A) to repay the advance for the city or county.''.

American Cities Investment Act of 1997 - Amends the Housing and Community Development Act of 1974 to: (1) set limitations on maximum outstanding loan guarantees issued by the Secretary of Housing and Urban Development; (2) authorize the Secretary to guarantee advances from Federal Home Loan Banks; and (3) expand the community participation requirements to include major stakeholders (as defined by this Act). Amends the Federal Home Loan Bank Act to authorize advances to metropolitan cities, urban counties, or their public agencies for certain extraordinary, nonusual community development purposes pursuant to such loan guarantees. Prohibits the use of such funds to supplant Federal or non-federal fund sources. Sets forth amount limit and repayment provisions.

{"src": "billsum_train", "title": "American Cities Investment Act of 1997"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Economic Advisory Council Act of 2010''. SEC. 2. FINDINGS. Congress finds-- (1) the United States has a special political and legal relationship and responsibility to promote the welfare of the Native American people of the United States; (2) evaluations of indicators and criteria of social well- being, education, health, unemployment, housing, income, rates of poverty, justice systems, and nutrition by agencies of Government and others have consistently found that Native American communities rank below other groups of United States citizens and many are at or near the bottom in those evaluations; (3) Native Americans, like other people in the United States, have been hit hard by the deepest recession of the United States economy in over 50 years, causing a significant decline in employment and economic activity across the United States; (4) Native American communities have been described as ``emerging economies'' and consequently have been stalled in the efforts of the communities to build sustainable growing economies for the people of the communities and are being adversely affected faster than the rest of the United States; (5) economic stimulus programs to help Native American communities generate jobs and stronger economic performance will require United States financial and tax incentives to increase both local and expanded investment that is tailored to the unique needs and circumstances of Native American communities; (6) the impacts of the ongoing recession and the near collapse of the financial and banking systems require a review of assumptions about the future, the need for new growth strategies, and a focus on laying the groundwork for economic success in the 21st century; (7) there is a continuing need for direct economic stimulus, including needs for improving rural infrastructure and alternative energy in rural and Native American communities of the United States and providing Native Americans leaders with the tools to create jobs and improve economic conditions; (8) in light of the role of Native American communities as emerging markets within the United States, there are opportunities and needs that should be addressed, including consideration of United States support for the pooling of resources to create an Indigenous Sovereign Wealth Fund that is similar to those Funds created around the world to diversify revenue streams, attract more resources, invest more wisely, and create jobs; (9) Native Americans should be participants when major economic decisions are made that affect the property, lives, and future of Native Americans; and (10) Native Americans should fully participate in rebuilding Native American communities and have necessary tools and resources. SEC. 3. PURPOSE. The purpose of this Act is to authorize and establish a Native American Economic Advisory Council to consult, coordinate with, and make recommendations to the Executive Office of the President, Cabinet officers, and Federal agencies-- (1) to improve the focus, effectiveness, and delivery of Federal economic aid and development programs to Native Americans and, as a result, improve substandard economic conditions in Native American communities; (2) to build and expand on the capacity of leaders in Native American organizations and communities to take positive and innovative steps-- (A) to create jobs; (B) to establish stable and profitable business enterprises; (C) to enhance economic conditions; and (D) to use Native American-owned resources for the benefit of members; and (3) to achieve the long-term goal of improving the quality of Native American life and living conditions and access to basic public services to the levels enjoyed by the average citizen and community of the United States by the year 2025. SEC. 4. ESTABLISHMENT OF NATIVE AMERICAN ECONOMIC ADVISORY COUNCIL. (a) In General.--There is established a Native American Economic Advisory Council (referred to in this Act as the ``Council'') to advise and assist the Executive Office of the President and Federal agencies to ensure that Native Americans (including Native American members, communities and organizations) have-- (1) the means and capacity to generate and benefit from economic stimulus and growth; and (2) fair access to, and reasonable opportunities to participate in, Federal economic development and job growth programs. (b) Members.-- (1) In general.--The Council shall consist of 5 members appointed by the President. (2) Initial appointments.--Not later than 180 days after the date of enactment of this Act, the President shall appoint the initial members of the Council. (3) Composition.--Of the members of the Council-- (A) 1 member shall be an Alaska Native; (B) 1 member shall be a Hawaiian Native; and (C) 3 members shall represent American Native groups and organizations from other States. (4) Chairperson.--The President shall designate 1 of the members of the Council to serve as Chairperson. (c) Experience.--Each member of the Council shall be a Native American who, as a result of work experience, training, and attainment, is well qualified-- (1) to identify, analyze, and understand the attributes and background of successful business enterprises and economic programs in Native American communities and cultures; (2) to appraise the economic development programs and activities of Federal agencies in the context of the goals and purposes of this Act; and (3) to recommend programs, policies, and needed program modifications to improve access to and effectiveness in the delivery of economic development programs in Native American communities. (d) Vacancies.--A vacancy on the Council-- (1) shall not affect the authority of the Commission; and (2) shall be filled in the same manner as the initial appointments to the Council. (e) Expenses.--Each Member of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, at the rate authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from the homes or regular places of business of the employees in the performance of services for the Council. (f) Staff.-- (1) In general.--The Council may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other staff as are necessary to enable the Council to perform the duties required under this Act. (2) Compensation.-- (A) In general.--Subject to subparagraph (B), the Council may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (B) Maximum amount.--The rate of pay for the executive director and other personnel of the Council shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (g) Detail of Employees.-- (1) In general.--An employee of the Federal Government may be detailed to the Council without reimbursement. (2) Civil service status.--The detail of an employee shall be without interruption or loss of civil service status or privilege. (h) Temporary Services.--The Council may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. (i) Administrative Services.--The Secretary of Commerce shall provide necessary office space and administrative services for the Council (including staff of the Council). SEC. 5. DUTIES. (a) In General.--The Council shall advise and make recommendations to Federal agencies on-- (1) proposing sustainable economic growth and poverty reduction policies in a manner that promotes self- determination, self-sufficiency, and independence in urban and remote Native American communities while preserving the traditional cultural values of those communities; (2) ensuring that Native Americans (including Native American communities and organizations) have equal access to Federal economic aid, training, and assistance programs; (3) developing economic growth strategies, finance, and tax policies that will enable Native American organizations to stimulate the local economies of Native Americans and create meaningful new jobs in Native American communities; (4) increasing the effectiveness of Federal programs to address the economic, employment, medical, and social needs of Native American communities; (5) administering Federal economic development assistance programs with an understanding of the unique needs of Native American communities with the objectives of-- (A) making Native American leaders knowledgeable about best business practices and successful economic and job growth strategies; (B) promoting investment and economic growth and reducing unemployment and poverty in Native American communities; (C) enhancing governance, entrepreneurship, and self-determination in Native American communities; and (D) fostering demonstrations of transformational changes in economic conditions in remote Native American communities through the use of innovative technology, targeted investments, and the use of Native American-owned natural and scenic resources; (6) improving the effectiveness of economic development assistance programs through the integration and coordination of assistance to Native American communities; (7) recommending educational and business training programs for Native Americans that increase the capacity of Native Americans for economic well-being and to further the purposes of this Act; and (8) initiating proposals, as needed, for fellowship and mentoring programs to meet the economic development needs of Native American communities. (b) Additional Duties.--The Council shall-- (1) prepare a compilation of successful business enterprises and joint ventures conducted by Native American organizations, including tribal enterprises and the commercial ventures of Native Corporations (as defined in section 102 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3102)) in the State of Alaska; and (2) periodically sponsor and arrange conferences and training workshops on Native American business activities, including providing mentors, resource people, and speakers to address financing, management, marketing, resource development, and best business practices in Native American business enterprises. SEC. 6. ASSESSMENT OF IMPACTS OF LEGISLATIVE PROPOSALS ON NATIVE AMERICAN ECONOMIC PROSPECTS AND OPPORTUNITY. In preparing and communicating the comments and recommendations of the President on proposed legislation to committees and leadership of Congress, the Director of the Office of Management and Budget and the head of a Federal agency shall include an assessment of the impacts of the proposed legislation on the economic and employment prospects and opportunities provided in the proposed legislation to improve the quality of living conditions of Native American communities, organizations, and members to the levels enjoyed by most people of the United States. SEC. 7. REPORTS. The Council shall-- (1) prepare periodic reports on the activities of the Council; and (2) make the reports available to-- (A) Native American communities, organizations, and members; (B) the General Services Administration; (C) the Office of Management and Budget; (D) the Domestic Policy Council; (E) the National Economic Council; (F) the Council of Economic Advisers; (G) the Secretary of the Treasury; (H) the Secretary of Commerce; (I) the Secretary of Labor; (J) the Secretary of the Interior; (K) the Secretary of Energy; and (L) members of the public.

Native American Economic Advisory Council Act of 2010 - Establishes the Native American Economic Advisory Council to assist the Executive Office of the President and federal agencies to ensure that Native Americans have: (1) the means and capacity to benefit from economic stimulus and growth; and (2) opportunities to participate in federal economic development and job growth programs. Directs the Council to: (1) prepare a compilation of successful business enterprises and joint ventures conducted by Native American organizations, including tribal ventures of Native Corporations in Alaska; and (2) periodically sponsor and arrange conferences and training workshops on Native American business activities. Requires the Director of the Office of Management and Budget (OMB) and the head of a federal agency, in preparing the President's comments and recommendations to Congress about proposed legislation, to include an assessment of the legislation's economic impact on Native Americans.

{"src": "billsum_train", "title": "To establish a Native American Economic Advisory Council, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be referred to as the ``Public Broadcasting Financial Independence and Family Viewing Act of 1995''. SEC. 2. FAMILY VIEWING. Section 396(g)(1)(A) of title 47 is amended by inserting between the words ``which'' and ``are'' the following new language ``are suitable for family viewing throughout the broadcast day and which''. SEC. 3. USE OF FEDERAL FUNDS. A new section 396(k)(1)(F) to title 47 is added as follows: ``(F) No Federal funds shall be used to broadcast any program which is indecent or to broadcast any dramatic program which includes nudity.''. SEC. 4. PUBLIC INTEREST. Section 396(a) of title 47 is amended by adding the following new subsection: ``(11) It is in the public interest what public broadcasting provide educational, cultural, informational and entertaining programming which is suitable for family viewing.''. SEC. 5. SPECTRUM FLEXIBILITY. The Commission shall adopt regulations which would allow public broadcast license holders to make use of their broadcast spectrum for the transmission of ancillary and supplementary services, so long as the licensees provide without charge at least one schedule of public broadcast programming. In permitting such use, the Commission shall assure thorough regulation or license terms that-- (1) the proceeds, if any from such ancillary and supplementary use go to the exclusive benefit of public broadcasting; (2) public broadcast licensees do not lessen their existing commitment or level of effort to public broadcasting; and (3) to the extent such spectrum is used for a purpose other than public broadcasting, fees charged for such use shall be at market rates. SEC. 6. SCHEDULE FLEXIBILITY. The Commission shall adopt regulations which would allow public broadcast license holders to utilize their broadcast schedule between the hours of 1 a.m. and 6 a.m. to provide on a leased basis non-public broadcast programming for a fee or for public broadcast license holders to provide commercially sponsored programming provided that-- (1) the proceeds from such use go to the exclusive benefit of public broadcasting; (2) public broadcast licensees do not lessen their existing commitment or level of effort to public broadcasting; and (3) to the extent such use is for a purpose other than public broadcasting, fees charged for such use shall be at market rates. SEC. 7. ENHANCED UNDERWRITING. (a) Section 399(a) of title 47 is amended-- (1) by striking the word ``exclusive'' in subsection (a); and (2) by inserting before the period: ``through a call to action, an inducement to buy, sell, rent, or lease, or the provision of price information''. (b) Section 399B(a) of title 47 is amended-- (1) by inserting: ``through a call to action inducement to buy, sell, rent, or lease or the provision of price information'' after the word ``promote.''; and (2) by inserting: ``when such offering is other than an educational or cultural event sponsored in part by a qualified public broadcasting station, or producer or distributor of programming for public broadcast stations'' after the word ``profit''. SEC. 8. SATELLITE, COMMON CARRIER AND OTHER FORMS OF PROGRAM DISTRIBUTION. Public Broadcasting programming may be distributed to viewers by means of satellite, common carrier, or other form of telecommunications technology for a fee provided that the proceeds from such distribution go to the exclusive benefit of public broadcasting. SEC. 9. FREQUENCY EXCHANGE. The Commission may approve an exchange of frequencies between a public broadcaster and a commercial broadcaster, when the proceeds from such exchange are dedicated to the benefit of the national public broadcasting system. SEC. 10. ANCILLARY INCOME. The Board of Directors of the Corporation for Public Broadcasting, and the Public Broadcasting System shall ensure that to the greatest extent possible agreements for programming include a provision to assure that public broadcasting share in benefits from the sale of any ancillary products, books, recordings, toys, character licencing or other products related to the broadcast of such programming. SEC. 11. GAO REVIEW. The General Accounting Office shall conduct a review of the operations of the Corporation of Public Broadcasting, the Public Broadcasting System, Public Broadcasters and their program and other contractors. These entities shall make their records and accounts available to the General Accounting Office for review. The General Accounting Office shall protect proprietary information. Within one year of the date of enactment of this Act, the General Accounting Office shall report to the Congress its recommendations for improving the efficiency, and self-sufficiency of public broadcasting. SEC. 12. FEASIBILITY OF MERGER WITH INTERNATIONAL BROADCASTING. The General Accounting Office shall conduct a feasibility study of merging or coordinating public broadcasting operations and facilities or portions of operations and facilities with the international broadcasting operations of the United States Government. SEC. 13. EDUCATIONAL RATES. Public broadcast licensees shall qualify for interstate and intrastate educational telecommunications service rates to the extent such rates are available and to the extent such telecommunications services are used for the purpose of providing public broadcasting.

Public Broadcasting Financial Independence and Family Viewing Act of 1995 - Amends the Communications Act of 1934 to require that public telecommunications programs under the purview of the Corporation for Public Broadcasting be suitable for family viewing throughout the broadcast day. (Sec. 3) Prohibits Federal funds from being used to broadcast any program which is indecent or any dramatic program which includes nudity. (Sec. 4) Declares that it is in the public interest that public broadcasting provide educational, cultural, informational, and entertaining programming which is suitable for family viewing. (Sec. 5) Requires the Federal Communications Commission to adopt regulations which would allow public broadcast license holders, under specified conditions, to: (1) make use of their broadcast spectrum for the transmission of ancillary and supplementary services if the licensees provide at least one free schedule of public broadcast programming; and (2) utilize their broadcast schedule between 1 a.m. and 6 a.m. to provide on a leased basis non-public broadcast programming for a fee or to provide commercially sponsored programming. (Sec. 7) Revises advertising restrictions to permit a public broadcast station to advertise an offering that is an educational or cultural event sponsored in part by a qualified public broadcasting station or producer or distributor of programming for public broadcast stations. (Sec. 8) Allows Public Broadcasting programming to be distributed to viewers by means of satellite, common carrier, or other forms of telecommunications technology for a fee provided that the proceeds from such distribution go to the exclusive benefit of public broadcasting. (Sec. 9) Authorizes the Commission to approve an exchange of frequencies between a public broadcaster and a commercial broadcaster when the proceeds from such exchange are dedicated to the benefit of the national public broadcasting system. (Sec. 10) Requires the Board of Directors of the Corporation and the Public Broadcasting System (PBS) to ensure that agreements for programming include a provision to assure that public broadcasting share in benefits from the sale of any ancillary products, books, recordings, toys, character licensing, or other products related to the broadcast of such programming. (Sec. 11) Requires the General Accounting Office to: (1) review the operations of the Corporation, PBS, Public Broadcasters and their program, and other contractors and make recommendations to the Congress for improving the efficiency and self-sufficiency of public broadcasting; and (2) conduct a feasibility study of merging or coordinating public broadcasting operations and facilities or portions of such with Federal international broadcasting operations. (Sec. 13) Qualifies public broadcast licensees for interstate and intrastate educational telecommunications service rates to the extent such rates are available and to the extent such services are used to provide public broadcasting.

{"src": "billsum_train", "title": "Public Broadcasting Financial Independence and Family Viewing Act of 1995"}

SECTION. 1. DEMONSTRATION PROJECTS TO INCREASE QUALITY OF INFORMATION PROVIDED TO MEDICARE BENEFICIARIES WITH RESPECT TO TREATMENT OPTIONS. (a) Establishment of Project.-- (1) In general.--Not later than January 1, 2001, the Secretary of Health and Human Services shall establish demonstration projects (in this section referred to as the ``projects'') under which the Secretary shall furnish to providers of services and physicians participating in the Medicare Program under title XVIII of the Social Security Act informational videotapes (as described in subsection (b)) to present to a Medicare beneficiary diagnosed with a particular disease or injury (as identified by the Secretary pursuant to subsection (c)) before the beneficiary elects a course of treatment for that disease or injury. The Secretary shall furnish such informational videotapes at no cost to such providers and physicians. (2) Project areas.--The projects shall be conducted in five separate counties of which 3 shall be in urban areas and 2 shall be in rural areas. (b) Informational Videotape Described.-- (1) In general.--The Institute of Medicine, in consultation with the National Institutes of Health and other medical experts (as determined by the Secretary), shall develop a videotape presentation to provide a Medicare beneficiary diagnosed as having the disease or injury identified under subsection (c) with the following information: (A) A description of the disease or injury. (B) The possible courses of treatment for the disease or injury. (C) The likely consequences of each such course of treatment or of the decision not to pursue any course of treatment. (2) Concluding statement.--Any such videotape presentation shall conclude with a statement that the Medicare beneficiary may elect any course of treatment or not to pursue any course of treatment, that the Medicare beneficiary should consult with a physician, and that the Medicare beneficiary may seek a referral to a physician who furnishes services consisting of the course of treatment that the beneficiary elects. (3) Updating of videotape.--Any such videotape presentation shall be updated to reflect new findings based on the best scientific evidence available, as determined by the Institute of Medicine, in consultation with the National Institutes of Health and such other medical experts, about the disease or injury, and various courses of treatment. (c) Selection of Disease or Injury.-- (1) In general.--For purposes of selecting a particular disease or injury for which a informational videotape shall be provided under the projects, the Secretary shall identify diseases or injuries for which there is a wide variation in treatment of that disease throughout the United States. (2) Mandatory Designation of Prostate Enlargement for One Project.--The disease or injury for which a informational videotape is provided in one of the projects conducted under this section shall be benign and malignant prostate enlargement. (d) Payment.--(1) The Secretary shall establish a payment amount to be made to a provider of services or a physician under title XVIII of the Social Security Act to reflect services consisting of the presentation of a informational videotape to and consultation with a Medicare beneficiary after such presentation. (2) For purposes of the payment amount under paragraph (1), no payment may be made for the purchase or rental of equipment or office space for purposes of making such presentation. (e) Waiver Authority.--The Secretary may waive such requirements of title XVIII of such Act as may be necessary for the purposes of carrying out the project. (f) Reports.--Not later than June 1, 2004, the Secretary shall submit to Congress a report on the following matters: (1) A description of courses of treatment for the diseases or illnesses identified under subsection (c) selected by Medicare beneficiaries during the three year period ending on December 31, 2003. (2) A comparison between courses of treatment described in paragraph (1) and courses of treatment selected by the Medicare beneficiaries participating in the project. (3) An analysis of the effect on costs to the Medicare program due to any change in selection of courses of treatment. (g) Duration.--A demonstration project under this section shall be conducted for a 3-year period.

Directs the Secretary of Health and Human Services to establish specified demonstration projects designed to furnish a Medicare beneficiary diagnosed with a particular disease or injury informational videotapes before he or she elects a course of treatment for that disease or injury. Mandates that one project provide such a video on prostate enlargement. Directs the Institute of Medicine to develop demonstrations of such videotapes.

{"src": "billsum_train", "title": "To require the Secretary of Health and Human Services to establish a demonstration project to provide Medicare beneficiaries greater information with respect to various courses of treatment for certain diseases or injuries to enable the beneficiaries to make more informed decisions when selecting a course of treatment for the disease or injury."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Mandate Funding Act of 1993''. SEC. 2. DEFINITIONS. For the purposes of this Act-- (1)(A) The term ``Federal mandate'' means a Federal law or regulation that requires a State or unit of general local government to carry out an action for which the State or unit of general local government incurs a direct program cost. (B) Such term does not include laws or regulations-- (i) enforcing the Constitutional or statutory rights of individuals; or (ii) requiring a State or unit of general local government to contribute matching amounts of funding as a condition for receiving Federal grant assistance. (2) The term ``Secretary'' means the Secretary of the Treasury. (3) The term ``State'' has the same meaning as in section 6501(8) of title 31, United States Code. (4) The term ``unit of general local government'' has the same meaning as in section 6501(9) of title 31, United States Code. SEC. 3. MORATORIUM. (a) In General.--For the period beginning on the date of enactment of this Act and ending 2 years after such date, any duty or requirement imposed by Federal statute or regulation that creates a Federal mandate shall not apply to a State or unit of general local government unless the State or unit of general local government receives a Federal share toward the cost of such mandate. (b) Application.--This section shall apply only to statutes or regulations that take effect on or after the date of the enactment of this Act. SEC. 4. FEDERAL MANDATE ASSISTANCE FUND. (a) Establishment and Administration of Fund.--There is established in the Department of the Treasury a Federal Mandate Assistance Fund (referred to as the ``Fund''), which shall consist of amounts appropriated to the Fund. (b) Payment and Use.-- (1) Payment.--The Secretary shall pay from the Fund, to each State which qualifies for a payment under this section, an amount equal to the sum of any amounts allocated to the State under this section at the beginning of each fiscal year. (2) Use.--Amounts paid to a State under this section, and allocated and paid to units of general local government within such State under this section, shall be used by such State and units of general local government to reimburse the costs of Federal mandates. (c) Qualification for Payment.--Under regulations issued by the Secretary, a State shall qualify for payment of the amount allocable to it under subsection (d) only after it has furnished, to the Secretary's satisfaction, the following: (1) State and local mandate costs.--The State shall furnish, and the Secretary shall certify, an estimate of the combined cost to the State and to units of general local government within such State of Federal mandates during the next fiscal year. (2) Formula for allocation to units of general local government.--The State shall submit, and the Secretary shall approve, a plan for the allocation to units of general local government in the State, out of the amount allocated to the State under this section, in conformance with the conditions and criteria set forth in subsection (d). (d) Allocation Formulas.-- (1) State allocations.--(A) Under regulations issued by the Secretary, the Secretary shall allocate to each State, out of the amount authorized for the period under subsection (b), an amount proportionate to the product of-- (i) the total estimated cost of Federal mandates to the State, and units of general local government in the State, as a ratio of the total estimate of such costs for all States, multiplied by (ii) the need factor of the State as a ratio of the combined need factor of all States. (B) The need factor shall be the product of-- (i) the population of the State; (ii) the relative per capita income of the State; (iii) the general tax effort factor of the State; and (iv) the relative fiscal gap factor of the State. (2) Allocations to units of general local government.-- (A) Set-aside of funds.--Each State shall set aside, out of the amount paid to it by the Secretary under this section, an amount equal to the ratio which the federal mandate costs of all units of general local government in the State bear to the combined Federal mandate costs of both the State and its units of general local government. (B) Payment of funds.--Under the plan submitted by the State for approval by the Secretary, pursuant to subsection (c)(2), the State shall pay to each unit of general local government in the State, from the amount set aside under subparagraph (A), an amount proportionate to the product of-- (i) the cost of Federal mandates to such unit of general local government, as a ratio of the cost of such mandates to all units of general government in the State; and (ii) the local need factor of such unit of general local government, defined as the product of its population, relative per capita income, and general tax effort factor. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out the purposes of this section. SEC. 5. REQUIREMENT OF IMPLEMENTATION PROVISION; POINT OF ORDER. Section 403 of the Congressional Budget Act of 1974 is amended by inserting at the end thereof the following new subsection: ``(d) Point of Order.-- ``(1) General rule.--(A) Except as provided by paragraph (2), it shall not be in order in the Senate to consider any bill or resolution which would impose any duty or requirement on State or local governments which in the judgment of the Director of the Congressional Budget Office is likely to result in an annual cost to State and local governments of $200,000,000 or more with respect to any particular program, project, or activity, unless such bill or resolution contains an implementation provision setting forth the Federal share of such cost. ``(B)(i) The Federal share of costs referred to in subparagraph (A) shall be not less than 20 percent of the costs incurred by the State or local government in meeting direct program costs. ``(ii) The Federal share of costs referred to in subparagraph (A) may include-- ``(I) reimbursement for direct administrative costs of State and local governments in implementing the program, project, or activity; and ``(II) Federal cost-sharing or matching grant funding. ``(C) A point of order made under this subsection may be waived in the Senate by a majority vote of the Members voting, a quorum being present, or by the unanimous consent of the Senate. ``(2) Exception.--Paragraph (1) shall not apply to any bill or resolution, including any amendment thereto or conference report thereon, which is in compliance with any order issued under either section 251(b)(2)(D) or section 252(e) of the Balanced Budget and Emergency Deficit Control Act of 1985. ``(3) Definition.--For purposes of this subsection-- ``(A) The term `local government' has the same meaning as in section 6501(6) of title 31, United States Code. ``(B)(i) The term `Federal mandate' means a Federal law or regulation that requires a State or local government to carry out an action for which the State or local government incurs a direct program cost. ``(ii) Such term does not include laws or regulations-- ``(I) enforcing the Constitutional or statutory rights of individuals; or ``(II) requiring a State or local government to contribute matching amounts of funding as a condition for receiving Federal grant assistance.''. SEC. 6. EFFECTIVE DATE. The provisions of this Act shall take effect on the date of enactment of this Act.

Federal Mandate Funding Act of 1993 - Makes inapplicable to a State or local government for a two-year period any duty or requirement imposed by Federal statute or regulation that creates a Federal mandate which is not funded in part by the Federal Government. Establishes in the Treasury the Federal Mandate Assistance Fund to provide financial assistance to qualified State and local governments for complying with Federal mandates. Authorizes appropriations.

{"src": "billsum_train", "title": "Federal Mandate Funding Act of 1993"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``ARPA-ED'' Act. SEC. 2. ESTABLISHMENT OF THE ADVANCED RESEARCH PROJECT AGENCY- EDUCATION. (a) Program Established.--From the amounts appropriated for section 14007 of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), the Secretary of Education may reserve up to 30 percent to-- (1) establish and carry out the Advanced Research Projects Agency-Education (in this Act referred to as ``ARPA-ED'') to-- (A) identify and promote advances in learning, fundamental and applied sciences, and engineering that may be translated into new learning technologies; (B) develop, test, and evaluate new learning technologies and related processes; and (C) accelerate transformational technological advances in education; (2) convene an advisory panel under subsection (d); and (3) carry out the evaluation and dissemination requirements under subsection (e). (b) Appointments.-- (1) Director.--ARPA-ED shall be under the direction of the Director of ARPA-ED, who shall be appointed by the Secretary. (2) Qualified individuals.--The Secretary shall appoint, for a term of not more than 4 years, qualified individuals who represent scientific, engineering, professional, and other personnel with expertise in carrying out the activities described in this section to positions in ARPA-ED, at rates of compensation determined by the Secretary, without regard to the provisions of title 5, United States Code, except that such rates of compensation shall not to exceed the rate for level I of the Executive Schedule under section 5312 of such title. (c) Functions of ARPA-ED.--Upon consultation with the advisory panel convened under subsection (d), the Secretary shall select public and private entities to carry out the activities described in subsection (a)(1) by-- (1) awarding such entities grants, contracts, cooperative agreements, or cash prizes; or (2) entering into such other transactions with such entities as the Secretary may prescribe in regulations. (d) Advisory Panel.-- (1) In general.--The Secretary shall convene an advisory panel to advise and consult with the Secretary, Director, and the qualified individuals appointed under subsection (b)(2) on-- (A) ensuring that the awards made and transaction entered into under subsection (c) are consistent with the purposes described in subsection (a)(1); and (B) ensuring the relevance, accessibility, and utility of such awards and transactions to education practitioners. (2) Appointment of members.--The Secretary shall appoint the following qualified individuals to serve on the advisory panel: (A) Education practitioners. (B) Experts in technology. (C) Specialists in rapid gains in student achievement and school turnaround. (D) Specialists in personalized learning. (E) Researchers, including at least one representative from a comprehensive center established under 203 of the Educational Technical Assistance Act of 2002 (20 U.S.C. 9602) or the regional laboratories system established under section 174 of the Education Sciences Reform Act (20 U.S.C. 9564). (F) Other individuals with expertise who will contribute to the overall rigor and quality of ARPA-ED. (3) Applicability of faca.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the panel convened under this subsection and any appointee to such panel shall not be considered an ``employee'' under section 2105 of title 5, United States Code. (e) Evaluation and Dissemination.-- (1) Evaluation.--The Secretary shall obtain independent, periodic, and rigorous evaluation of-- (A) the effectiveness of the processes ARPA-Ed is using to achieve the purposes described in subsection (a)(1); (B) the relevance, accessibility, and utility of the awards made and transactions entered into under subsection (c) to education practitioners; and (C) the effectiveness of the projects carried out through such awards and transactions, using evidence standards developed in consultation with the Institute of Education Sciences, and the suitability of such projects for further investment or increased scale. (2) Dissemination and use.--The Secretary shall disseminate information to education practitioners, including teachers, principals, and local and State superintendents, on effective practices and technologies developed under ARPA-ED, as appropriate, through-- (A) the comprehensive centers established under 203 of the Educational Technical Assistance Act of 2002 (20 U.S.C. 9602); (B) the regional laboratories system established under section 174 of the Education Sciences Reform Act (20 U.S.C. 9564); and (C) such other means as the Secretary determines to be appropriate. (f) Administrative Requirements.--Notwithstanding section 437(d) of the General Education Provisions Act (20 U.S.C. 1232(d)), the Secretary shall establish such processes as may be necessary for the Secretary to manage and administer ARPA-ED, which are not constrained by other Department-wide administrative requirements that may prevent ARPA-ED from carrying out the purposes described in subsection (a)(1). (g) Definitions.--For purposes of this Act: (1) Department.--The term ``Department'' means the Department of Education. (2) Director.--The term ``Director'' means the Director of ARPA-ED. (3) Secretary.--The term ``Secretary'' means the Secretary of Education.

ARPA-ED Act - Authorizes the Secretary of Education to reserve up to 30% of amounts appropriated for the Investing in Innovation Fund under the American Recovery and Reinvestment Act of 2009 to establish and carry out the objectives of the Advanced Research Projects Agency-Education (ARPA-ED). Requires the Secretary to appoint to the ARPA-ED, for terms of up to four years, individuals who have expertise in carrying out the Agency's objectives. Requires the ARPA-ED to: (1) identify and promote advances in learning, fundamental and applied sciences, and engineering that may be translated into new learning technologies; (2) develop, test, and evaluate new learning technologies and related processes; and (3) accelerate transformational technological advances in education. Directs the Secretary to award grants, contracts, cooperative agreements, or cash prizes to, or enter into other transactions with, public or private entities in pursuit of these objectives. Directs the Secretary to: (1) convene an advisory panel to provide the Secretary and the ARPA-ED with advice in making those awards or entering into those transactions; (2) obtain independent, periodic, and rigorous evaluations of the ARPA-ED's effectiveness; and (3) disseminate information to education practitioners on effective practices and technologies developed through the ARPA-ED.

{"src": "billsum_train", "title": "ARPA-ED Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Indian Religious Freedom Act Amendments of 1994''. SEC. 2. TRADITIONAL INDIAN RELIGIOUS USE OF THE PEYOTE SACRAMENT. The Act of August 11, 1978 (42 U.S.C. 1996), commonly referred to as the ``American Indian Religious Freedom Act'', is amended by adding at the end thereof the following new section: ``Sec. 3. (a) The Congress finds and declares that-- ``(1) for many Indian people, the traditional ceremonial use of the peyote cactus as a religious sacrament has for centuries been integral to a way of life, and significant in perpetuating Indian tribes and cultures; ``(2) since 1965, this ceremonial use of peyote by Indians has been protected by Federal regulation; ``(3) while at least 28 States have enacted laws which are similar to, or are in conformance with, the Federal regulation which protects the ceremonial use of peyote by Indian religious practitioners, 22 States have not done so, and this lack of uniformity has created hardship for Indian people who participate in such religious ceremonies; ``(4) the Supreme Court of the United States, in the case of Employment Division v. Smith, 494 U.S. 872 (1990), held that the First Amendment does not protect Indian practitioners who use peyote in Indian religious ceremonies, and also raised uncertainty whether this religious practice would be protected under the compelling State interest standard; and ``(5) the lack of adequate and clear legal protection for the religious use of peyote by Indians may serve to stigmatize and marginalize Indian tribes and cultures, and increase the risk that they will be exposed to discriminatory treatment. ``(b)(1) Notwithstanding any other provision of law, the use, possession, or transportation of peyote by an Indian for bona fide traditional ceremonial purposes in connection with the practice of a traditional Indian religion is lawful, and shall not be prohibited by the United States or any State. No Indian shall be penalized or discriminated against on the basis of such use, possession or transportation, including, but not limited to, denial of otherwise applicable benefits under public assistance programs. ``(2) This section does not prohibit such reasonable regulation and registration by the Drug Enforcement Administration of those persons who cultivate, harvest, or distribute peyote as may be consistent with the purposes of this Act. ``(3) This section does not prohibit application of the provisions of section 481.111(a) of Vernon's Texas Health and Safety Code Annotated, in effect on the date of enactment of this section, insofar as those provisions pertain to the cultivation, harvest, and distribution of peyote. ``(4) Nothing in this section shall prohibit any Federal department or agency, in carrying out its statutory responsibilities and functions, from promulgating regulations establishing reasonable limitations on the use or ingestion of peyote prior to or during the performance of duties by sworn law enforcement officers or personnel directly involved in public transportation or any other safety- sensitive positions where the performance of such duties may be adversely affected by such use or ingestion. Such regulations shall be adopted only after consultation with representatives of traditional Indian religions for which the sacramental use of peyote is integral to their practice. Any regulation promulgated pursuant to this section shall be subject to the balancing test set forth in section 3 of the Religious Freedom Restoration Act (Public Law 103-141; 42 U.S.C. 2000bb-1). ``(5) This section shall not be construed as requiring prison authorities to permit, nor shall it be construed to prohibit prison authorities from permitting, access to peyote by Indians while incarcerated within Federal or State prison facilities. ``(6) Subject to the provisions of the Religious Freedom Restoration Act (Public Law 103-141; 42 U.S.C. 2000bb-1), this section shall not be construed to prohibit States from enacting or enforcing reasonable traffic safety laws or regulations. ``(7) Subject to the provisions of the Religious Freedom Restoration Act (Public Law 103-141; 42 U.S.C. 2000bb-1), this section does not prohibit the Secretary of Defense from promulgating regulations establishing reasonable limitations on the use, possession, transportation, or distribution of peyote to promote military readiness, safety, or compliance with international law or laws of other countries. Such regulations shall be adopted only after consultation with representatives of traditional Indian religions for which the sacramental use of peyote is integral to their practice. ``(c) For purposes of this section-- ``(1) the term `Indian' means a member of an Indian tribe; ``(2) the term `Indian tribe' means any tribe, band, nation, pueblo, or other organized group or community of Indians, including any Alaska Native village (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; ``(3) the term `Indian religion' means any religion-- ``(A) which is practiced by Indians, and ``(B) the origin and interpretation of which is from within a traditional Indian culture or community; and ``(4) the term `State' means any State of the United States, and any political subdivision thereof. ``(d) Nothing in this section shall be construed as abrogating, diminishing, or otherwise affecting-- ``(1) the inherent rights of any Indian tribe; ``(2) the rights, express or implicit, of any Indian tribe which exist under treaties, Executive orders, and laws of the United States; ``(3) the inherent right of Indians to practice their religions; and ``(4) the right of Indians to practice their religions under any Federal or State law.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

American Indian Religious Freedom Act Amendments of 1994 - Amends the American Indian Religious Freedom Act to permit the traditional use of peyote for Indian religious purposes. States that this Act shall not prohibit: (1) the Drug Enforcement Agency from reasonably regulating persons who cultivate, harvest, or distribute peyote; and (2) a Federal agency from reasonably limiting peyote use in circumstances of public safety.

{"src": "billsum_train", "title": "American Indian Religious Freedom Act Amendments of 1994"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Holocaust Victims Redress Act''. TITLE I--HEIRLESS ASSETS SEC. 101. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds as follows: (1) Among the $198,000,000 in German assets located in the United States and seized by the United States Government in World War II were believed to be bank accounts, trusts, securities, or other assets belonging to Jewish victims of the Holocaust. (2) Among an estimated $1,200,000,000 in assets of Swiss nationals and institutions which were frozen by the United States Government during World War II (including over $400,000,000 in bank deposits) were assets whose beneficial owners were believed to include victims of the Holocaust. (3) In the aftermath of the war, the Congress recognized that some of the victims of the Holocaust whose assets were among those seized or frozen during the war might not have any legal heirs, and legislation was enacted to authorize the transfer of up to $3,000,000 of such assets to organizations dedicated to providing relief and rehabilitation for survivors of the Holocaust. (4) Although the Congress and the Administration authorized the transfer of such amount to the relief organizations referred to in paragraph (3), the enormous administrative difficulties and cost involved in proving legal ownership of such assets, directly or beneficially, by victims of the Holocaust, and proving the existence or absence of heirs of such victims, led the Congress in 1962 to agree to a lump-sum settlement and to provide $500,000 for the Jewish Restitution Successor Organization of New York, such sum amounting to \1/ 6\th the authorized maximum level of ``heirless'' assets to be transferred. (5) In June of 1997, a current representative of the Secretary of State, in testimony before the Congress, urged the reconsideration of the limited $500,000 settlement. (6) While a precisely accurate accounting of ``heirless'' assets may be impossible, good conscience warrants the recognition that the victims of the Holocaust have a compelling moral claim to the unrestituted portion of assets referred to in paragraph (3). (7) Furthermore, leadership by the United States in meeting obligations to Holocaust victims would strengthen-- (A) the efforts of the United States to press for the speedy distribution of the remaining nearly 6 metric tons of gold still held by the Tripartite Commission for the Restitution of Monetary Gold (the body established by France, Great Britain, and the United States at the end of World War II to return gold looted by Nazi Germany to the central banks of countries occupied during the war by Germany); and (B) the appeals by the United States to the 15 nations claiming a portion of such gold to contribute a substantial portion of any such distribution to Holocaust survivors in recognition of the recently documented fact that the gold held by the commission includes gold stolen from individual victims of the Holocaust. (b) Purposes.--The purposes of this Act are as follows: (1) To provide a measure of justice to survivors of the Holocaust all around the world while they are still alive. (2) To authorize the appropriation of an amount which is at least equal to the present value of the difference between the amount which was authorized to be transferred to successor organizations to compensate for assets in the United States of heirless victims of the Holocaust and the amount actually paid in 1962 to the Jewish Restitution Successor Organization of New York for that purpose. (3) To facilitate efforts by the United States to seek an agreement whereby nations with claims against gold held by the Tripartite Commission for the Restitution of Monetary Gold would contribute all, or a substantial portion, of that gold to charitable organizations to assist survivors of the Holocaust. SEC. 102. DISTRIBUTIONS BY THE TRIPARTITE GOLD COMMISSION. (a) Directions to Secretary of State.--The Secretary of State shall direct the commissioner representing the United States on the Tripartite Commission for the Restitution of Monetary Gold, established pursuant to Part III of the Paris Agreement on Reparation, to seek and vote for a timely agreement under which all signatories to the Paris Agreement on Reparation, with claims against the monetary gold pool in the jurisdiction of such Commission, contribute all, or a substantial portion, of such gold to charitable organizations to assist survivors of the Holocaust. (b) Authority To Obligate the United States.-- (1) In general.--The Secretary of State may commit the United States to pay an amount not to exceed $25,000,000 for distribution under an agreement described in subsection (a). (2) Conformance with budget act requirement.--Any budget authority contained in paragraph (1) shall be effective only to such extent and in such amounts as are provided in advance in appropriation Acts. SEC. 103. FULFILLMENT OF OBLIGATION OF THE UNITED STATES. (a) Authorization of Appropriations.--Subject to subsection (b), there are authorized to be appropriated to the President such sums as may be necessary for fiscal years 1998, 1999, and 2000, not to exceed a total of $25,000,000 for all such fiscal years, for distribution to organizations as may be specified in any agreement concluded pursuant to section 102, only if they meet the needs of Holocaust survivors in the United States. (b) Reservation.--The Secretary of State shall reserve a portion of the amount appropriated under subsection (a) for the United States Holocaust Museum, for archival research to assist in the restitution of assets looted or extorted from victims of the Holocaust and such other activities that would further Holocaust remembrance and education. TITLE II--WORKS OF ART SEC. 201. FINDINGS. Congress finds as follows: (1) Established pre-World War II principles of international law, as enunciated in Articles 47 and 56 of the Regulations annexed to the 1907 Hague Convention (IV) Respecting the Laws and Customs of War on Land, prohibited pillage and the seizure of works of art. (2) In the years since World War II, international sanctions against confiscation of works of art have been amplified through such conventions as the 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, which forbids the illegal export of art work and calls for its earliest possible restitution to its rightful owner. (3) In defiance of the 1907 Hague Convention, the Nazis extorted and looted art from individuals and institutions in countries it occupied during World War II and used such booty to help finance their war of aggression. (4) The Nazis' policy of looting art was a critical element and incentive in their campaign of genocide against individuals of Jewish and other religious and cultural heritage and, in this context, the Holocaust, while standing as a civil war against defined individuals and civilized values, must be considered a fundamental aspect of the world war unleashed on the continent. (5) Hence, the same international legal principles applied among states should be applied to art and other assets stolen from victims of the Holocaust. (6) In the aftermath of the war, art and other assets were transferred from territory previously controlled by the Nazis to the Union of Soviet Socialist Republics, much of which has not been returned to rightful owners. SEC. 202. SENSE OF THE CONGRESS REGARDING RESTITUTION OF PRIVATE PROPERTY, SUCH AS WORKS OF ART. It is the sense of the Congress that consistent with the 1907 Hague Convention, all governments should undertake good faith efforts to facilitate the return of private and public property, such as works of art, to the rightful owners in cases where assets were confiscated from the claimant during the period of Nazi rule and there is reasonable proof that the claimant is the rightful owner.

TABLE OF CONTENTS: Title I: Heirless Assets Title II: Works of Art Holocaust Victims Redress Act - Title I: Heirless Assets - Directs the Secretary of State to direct the commissioner representing the United States on the Tripartite Commission for the Restitution of Monetary Gold to seek and vote for a timely agreement under which all signatories to the Paris Agreement on Reparation with claims against the monetary gold pool in the Commission's jurisdiction contribute all or a substantial portion of such gold to charitable organizations to assist survivors of the Holocaust. Authorizes the Secretary of State to commit the United States to pay up to $25 million for distribution under such an agreement. Authorizes appropriations. Directs the Secretary of State to reserve a portion of the appropriation for the United States Holocaust Museum for archival research to assist in the restitution of assets looted or extorted from victims of the Holocaust and such other activities that would further Holocaust remembrance and education. Title II: Works of Art - Expresses the sense of the Congress that, consistent with the 1907 Hague Convention, all governments should undertake good faith efforts to facilitate the return of private and public property, such as works of art, to the rightful owners in cases where assets were confiscated from the claimant during the period of Nazi rule and there is reasonable proof that the claimant is the rightful owner.

{"src": "billsum_train", "title": "Holocaust Victims Redress Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Local Policies for Schools Act of 2010'' or the ``HELP Schools Act of 2010''. SEC. 2. FINDINGS. Congress finds that-- (1) childhood obesity increased threefold among children and adolescents in the 30 years preceding the date of enactment of this Act; (2) about 12,000,000 children and adolescents ages 2 to 19 are considered obese; (3) obesity-related diseases cost the United States economy more than $147,000,000,000 every year; (4) both low levels of physical activity and an increase in caloric intake have contributed to the unprecedented epidemic of childhood obesity; (5) overweight adolescents have a 70 to 80 percent chance of becoming overweight adults, increasing the risk for chronic disease, disability, and death; (6) children and adolescents are-- (A) not meeting dietary recommendations; (B) underconsuming important food groups and nutrients needed for growth and development; and (C) overconsuming saturated fat, trans fat, sodium, and added sugars; (7) nutrition education and promotion helps foster a school environment that-- (A) supports healthy eating; (B) helps initiate and sustain healthy eating behaviors; (C) increases acceptance and consumption of healthy school meals; (D) increases participation in school meal programs; (E) enhances school meal quality; and (F) supports development and implementation of local wellness policies; (8) nutrition education and promotion is a critical component of most major health promotion and disease prevention programs; (9) research shows that school-based nutrition programs and services both improve health and contribute to the academic achievement of school children; (10) research shows that fit children achieve more academically and have better school attendance and fewer disciplinary problems; (11) a comprehensive study of local wellness policies across the United States found that-- (A) many policies were underdeveloped and fragmented; and (B) the vast majority of students were enrolled in a school district that did not-- (i) require evaluation of the implementation or effectiveness of the wellness policy of the district; or (ii) include any provisions for reviewing and revising the wellness policy; (12) the same study reported that between 5 and 6 percent of students were enrolled in a school district that had identified a potential source of funding to support implementation of the wellness policy of the district; (13) the nutrition education and promotion initiatives for school children in effect as of the date of enactment of this Act lack coordination, funding, and sustainability; (14) the Physical Activity Guidelines for Americans of the Department of Health and Human Services recommend that children engage in at least 60 minutes of physical activity on most, and preferably all, days of the week; (15) children spend many waking hours at school and therefore need to be active during the school day to meet the recommendations of the Physical Activity Guidelines for Americans; and (16) as of the date of enactment of this Act-- (A) only 3.8 percent of elementary schools, 7.9 percent of middle schools, and 2.1 percent of high schools provide daily physical education or the equivalent for the entire school year; and (B) 22 percent of schools do not require students to take any physical education at all. SEC. 3. LOCAL WELLNESS POLICIES. Section 5 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1754) is amended to read as follows: ``SEC. 5. LOCAL WELLNESS POLICIES. ``(a) Definitions.--In this section: ``(1) Extended school day.--The term `extended school day' means-- ``(A) the official school day; and ``(B) the time before and after the official school day during which events or activities are primarily under the control of the school or a third party on behalf of the school. ``(2) Local wellness policy.--The term `local wellness policy' means a nutrition and physical activity wellness policy of a local educational agency established under section 204 of the Child Nutrition and WIC Reauthorization Act of 2004 (42 U.S.C. 1751 note; Public Law 108-265). ``(b) Requirements.--Not later than the first day of the school year beginning 1 year after the date of enactment of the HELP Schools Act of 2010, each local educational agency participating in a program authorized by this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) shall strengthen the local school wellness policy of the local educational agency by ensuring, at a minimum, that the policy-- ``(1) includes goals for nutrition promotion and education, physical education, physical activity, food marketing and advertising on the school campus, and other school-based activities designed to promote participation in child nutrition programs and student wellness through the extended school day, in a manner that the local educational agency determines to be appropriate; ``(2) includes an implementation plan to achieve the goals of the local wellness policy; ``(3) ensures that guidelines for reimbursable school meals are not less restrictive than regulations and guidance issued by the Secretary pursuant to subsections (a) and (b) of section 10 of the Child Nutrition Act of 1966 (42 U.S.C. 1779) and sections 9(f)(1) and 17(a) of this Act, as those regulations and guidance apply to schools; ``(4) ensures that nutritional guidelines for foods and beverages sold in schools that are not part of reimbursable school meals are in compliance with the standards established by the Secretary; and ``(5) includes a plan for measuring implementation of the local wellness policy, including the designation of a local wellness policy committee under subsection (d). ``(c) Transparency.-- ``(1) In general.--In carrying out this section, each local educational agency shall make readily available and widely disseminate to relevant stakeholders-- ``(A) the local wellness policy of the local education agency, including the implementation plan described in subsection (b)(5); ``(B) any assessments of the implementation of the local wellness policy; ``(C) any updates to the local wellness policy; and ``(D) appropriate local and State contact information. ``(2) Availability requirement.--Not later than the first day of the school year following the date of enactment of the HELP Schools Act of 2010, each local educational agency shall make readily available the policy and plan described in paragraph (1)(A). ``(3) Assessment of implementation.-- ``(A) Assessment of implementation.--Not later than 2 years after the date of enactment of the HELP Schools Act of 2010, and every 3 years thereafter, each local educational agency shall complete and make readily available the results of an assessment of the implementation of the local wellness policy of the local educational agency that includes-- ``(i) the extent to which schools under the jurisdiction of the local educational agency are in compliance with the local wellness policy of the agency; ``(ii) the extent to which the local wellness policy of the local educational agency compares with model local wellness policies recommended under subsection (e)(2)(A)(ii); and ``(iii)(I) a description of the progress made in attaining the goals of the local wellness policy described in subsection (b); and ``(II) any revisions to the local wellness policy to more effectively address those goals. ``(d) Local Wellness Policy Committee.-- ``(1) In general.--Not later than 180 days after the date of enactment of the HELP Schools Act of 2010, each local educational agency shall designate a standing Local Wellness Policy Committee (referred to in this subsection as the `Committee'). ``(2) Representation.-- ``(A) Required representatives.--The Committee of each local educational agency shall be comprised of at least 1 representative from the local educational agency from each of the following categories of stakeholders: ``(i) Principals. ``(ii) Teachers. ``(iii) Parents of students. ``(iv) Students. ``(v) The school food authority. ``(vi) The school board of the local educational agency. ``(vii) The physical education program. ``(viii) School health professionals, such as school nurses, school counselors, social workers, or health education teachers. ``(B) Authorized representatives.--A Committee may also include a registered dietitian, pediatrician, dentist, a representative of the local health department, or other representatives of the local community. ``(3) Terms and conditions.--Each local educational agency shall determine the terms and conditions under which each member of the Committee of the local educational agency serves. ``(4) Duties.--Duties and responsibilities of each Committee shall include-- ``(A) ensuring that the local educational agency served by the Committee meets the requirements described in this section; ``(B) fostering integration of the local wellness policy of the local educational agency with existing coordinated school health programs, and other health- related activities in the schools and community served by the local educational agency; and ``(C) making Committee proceedings and other pertinent information relating to the activities of the Committee readily available. ``(e) Technical Assistance and Outreach.-- ``(1) In general.--The Secretary, in consultation with the Secretary of Education and the Secretary of Health and Human Services, acting through the Centers for Disease Control and Prevention, shall assist in the adoption of effective local wellness policies by local educational agencies in accordance with this section. ``(2) Outreach.--In carrying out paragraph (1), the Secretary shall perform outreach to key State and local stakeholders to promote effective local wellness policies and provide technical assistance that-- ``(A) includes-- ``(i) a hotline, online resources, and trainings on designing, implementing, promoting, disseminating, and evaluating local wellness policies and overcoming barriers to the adoption of local wellness policies; and ``(ii) model local wellness policies and best practices recommended by Federal agencies, State agencies, and nongovernmental organizations; and ``(B) is for guidance purposes only and not binding or otherwise designed to be mandate to schools, local educational agencies, school food authorities, or State child nutrition programs. ``(3) Funding.-- ``(A) In general.--On October 1, 2010, and on each October 1 thereafter through October 1, 2014, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this paragraph $1,000,000, to remain available until expended. ``(B) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this paragraph the funds transferred under subparagraph (A), without further appropriation. ``(f) Study and Report.-- ``(1) In general.--The Secretary, in conjunction with the Director of the Centers for Disease Control and Prevention, shall prepare a report on the implementation, strength, and effectiveness of the local wellness policies carried out in accordance with this section. ``(2) Study of local wellness policies.--The study described in paragraph (1) shall include-- ``(A) an analysis of the strengths and weaknesses of local wellness policies and how the policies compare with model local wellness policies recommended under subsection (e)(2)(A)(ii); and ``(B) an assessment of the impact of the local wellness policies in addressing the requirements of subsection (b). ``(3) Report.--Not later than January 1, 2014, the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Education and Labor of the House of Representatives a report that describes the findings of the study.''. SEC. 4. REPEAL. Section 204 of the Child Nutrition and WIC Reauthorization Act of 2004 (42 U.S.C. 1751 note; Public Law 108-265) is repealed. SEC. 5. 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.

Healthy Local Policies for Schools Act of 2010 or HELP Schools Act of 2010 - Amends the Richard B. Russell National School Lunch Act to replace the nutrition promotion program with a program that requires local educational agencies (LEAs) to ensure that their local wellness policies: (1) include goals for nutrition and physical education, physical activity, on-campus food marketing and advertising, and other school-based activities that promote nutrition and wellness throughout the extended school day; (2) include plans for implementing, and measuring the implementation of, such policies; (3) require reimbursable school meals to meet certain nutritional guidelines; and (4) require the nutritional guidelines for nonreimbursable foods and beverages sold in schools to be in compliance with standards established by the Secretary of Agriculture. Requires each LEA, within two years of this Act's enactment and every three years thereafter, to complete and disseminate an assessment of their local wellness policy. Directs each LEA to designate a standing Local Wellness Policy Committee made up of education, health, and nutrition stakeholders to foster the integration of a local wellness policy that meets this Act's requirements with other health-related activities in the LEA's schools and community. Requires the Secretary to: (1) provide technical assistance and outreach to key state and local stakeholders to promote effective local wellness policies; and (2) prepare a report, in conjunction with the Director of the Centers for Disease Control and Prevention (CDC), on the implementation, strength, and effectiveness of local wellness policies.

{"src": "billsum_train", "title": "A bill to amend the Richard B. Russell National School Lunch Act to promote the health and wellbeing of schoolchildren in the United States through effective local wellness policies, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Narrowing Exceptions for Withholding Taxes Act of 2012''. SEC. 2. EMPLOYMENT TAX TREATMENT OF PROFESSIONAL SERVICE BUSINESSES. (a) In General.--Section 1402 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(m) Special Rules for Professional Service Businesses.-- ``(1) Shareholders providing services to disqualified s corporations.-- ``(A) In general.--In the case of any disqualified S corporation, each shareholder of such disqualified S corporation who provides substantial services with respect to the professional service business referred to in subparagraph (C) shall take into account such shareholder's pro rata share of all items of income or loss described in section 1366 which are attributable to such business in determining the shareholder's net earnings from self-employment. ``(B) Treatment of family members.--Except as otherwise provided by the Secretary, the shareholder's pro rata share of items referred to in subparagraph (A) shall be increased by the pro rata share of such items of each member of such shareholder's family (within the meaning of section 318(a)(1)) who does not provide substantial services with respect to such professional service business. ``(C) Disqualified s corporation.--For purposes of this subsection, the term `disqualified S corporation' means-- ``(i) any S corporation which is a partner in a partnership which is engaged in a professional service business if substantially all of the activities of such S corporation are performed in connection with such partnership, and ``(ii) any other S corporation which is engaged in a professional service business if the principal asset of such business is the reputation and skill of 3 or fewer employees. ``(2) Partners.--In the case of any partnership which is engaged in a professional service business, subsection (a)(13) shall not apply to any partner who provides substantial services with respect to such professional service business. ``(3) Professional service business.--For purposes of this subsection, the term `professional service business' means any trade or business if substantially all of the activities of such trade or business involve providing services in the fields of health, law, lobbying, engineering, architecture, accounting, actuarial science, performing arts, consulting, athletics, investment advice or management, or brokerage services. ``(4) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this subsection, including regulations which prevent the avoidance of the purposes of this subsection through tiered entities or otherwise. ``(5) Cross reference.--For employment tax treatment of wages paid to shareholders of S corporations, see subtitle C.''. (b) Conforming Amendment.--Section 211 of the Social Security Act is amended by adding at the end the following new subsection: ``(l) Special Rules for Professional Service Businesses.-- ``(1) Shareholders providing services to disqualified s corporations.-- ``(A) In general.--In the case of any disqualified S corporation, each shareholder of such disqualified S corporation who provides substantial services with respect to the professional service business referred to in subparagraph (C) shall take into account such shareholder's pro rata share of all items of income or loss described in section 1366 of the Internal Revenue Code of 1986 which are attributable to such business in determining the shareholder's net earnings from self- employment. ``(B) Treatment of family members.--Except as otherwise provided by the Secretary of the Treasury, the shareholder's pro rata share of items referred to in subparagraph (A) shall be increased by the pro rata share of such items of each member of such shareholder's family (within the meaning of section 318(a)(1) of the Internal Revenue Code of 1986) who does not provide substantial services with respect to such professional service business. ``(C) Disqualified s corporation.--For purposes of this subsection, the term `disqualified S corporation' means-- ``(i) any S corporation which is a partner in a partnership which is engaged in a professional service business if substantially all of the activities of such S corporation are performed in connection with such partnership, and ``(ii) any other S corporation which is engaged in a professional service business if the principal asset of such business is the reputation and skill of 3 or fewer employees. ``(2) Partners.--In the case of any partnership which is engaged in a professional service business, subsection (a)(12) shall not apply to any partner who provides substantial services with respect to such professional service business. ``(3) Professional service business.--For purposes of this subsection, the term `professional service business' means any trade or business if substantially all of the activities of such trade or business involve providing services in the fields of health, law, lobbying, engineering, architecture, accounting, actuarial science, performing arts, consulting, athletics, investment advice or management, or brokerage services.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011.

Narrowing Exceptions for Withholding Taxes Act of 2012 - Amends the Internal Revenue Code and title II (Old-Age, Survivors, and Disability Insurance Benefits) of the Social Security Act to require a shareholder of a subchapter S corporation engaged in a professional service business to include all items of income or loss attributable to such business in determining such shareholder's net earnings from self-employment for purposes of computing employment tax liability. Defines a "professional service business" as any trade or business substantially all of the activities of which involve providing services in the fields of health, law, lobbying, engineering, architecture, accounting, actuarial science, performing arts, consulting, athletics, investment advice or management, or brokerage services.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 and the Social Security Act to provide for employment tax treatment of professional service businesses."}

SECTION 1. LAND OF PECHANGA BAND OF LUISENO MISSION INDIANS. (a) Limitation on Conveyance.--Land described in subsection (b) (or any interest in that land) shall not be voluntarily or involuntarily transferred or otherwise made available for condemnation until the date on which-- (1)(A) the Secretary of the Interior renders a final decision on the fee to trust application pending on the date of the enactment of this Act concerning the land; and (B) final decisions have been rendered regarding all appeals relating to that application decision; or (2) the fee to trust application described in paragraph (1)(A) is withdrawn. (b) Description of Land.--The land referred to in subsection (a) is land located in Riverside County, California, that is held in fee by the Pechanga Band of Luiseno Mission Indians, as described in Document No. 211130 of the Office of the Recorder, Riverside County, California, and recorded on May 15, 2001. (c) Rule of Construction.--Nothing in this section designates, or shall be used to construe, any land described in subsection (b) (or any interest in that land) as an Indian reservation, Indian country, Indian land, or reservation land (as those terms are defined under any Federal law (including a regulation)) for any purpose under any Federal law. SEC. 2. ELECTRICITY TRANSMISSION LINE RIGHT-OF-WAY, CLEVELAND NATIONAL FOREST. (a) Issuance.--The Secretary of the Interior and the Secretary of Agriculture shall issue all necessary grants, easements, permits, plan revisions or amendments, and other approvals to allow for the siting and construction of a high-voltage electricity transmission line right- of-way running approximately north to south through the Trabuco Ranger District of the Cleveland National Forest in the State of California and adjacent lands under the jurisdiction of the Bureau of Land Management and the Forest Service. The right-of-way approvals shall provide all necessary Federal authorization from the Secretaries of Agriculture and the Interior for the routing, construction, operation, and maintenance of a 500 KV transmission line capable of meeting the region's long-term electricity transmission needs between the existing Valley-Serrano transmission line to the north and the Telega-Escondido transmission line to the south, and for connecting to future generating capacity that may be developed in the region. (b) Protection of Wilderness Areas.--The Secretary of the Interior and the Secretary of Agriculture shall not allow any portion of a transmission line right-of-way corridor identified in subsection (a) to enter any identified wilderness area in existence as of the date of the enactment of this Act. (c) Environmental and Administrative Review.--Nothing in this section shall affect the applicability of any environmental or administrative review required under other provision of laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 note) or the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). The Secretary of the Interior, acting through the Bureau of Land Management, shall be the lead Federal agency with overall responsibility to ensure completion of required environmental and other reviews of the approvals to be issued under subsection (a). For the portions of the corridor on Forest Service land, the Secretary of Agriculture shall complete all required environmental reviews and administrative actions, in coordination with the Secretary of the Interior. It is anticipated that the right-of-way route through the Trabuco Ranger District of the Cleveland National Forest will make it unnecessary to construct regional transmission lines through heavily populated lands in the Temecula Valley. (d) Time for Review and Issuance.--Any Federal agency that conducts or participates in any environmental or administrative review of the approvals to be issued under subsection (a) shall work expeditiously, and complete such review as soon as possible, taking full advantage of any ongoing governmental review processes for any similar or associated projects and proposals, and using all existing or ongoing studies, reports, and assessments to satisfy review requirements. The necessary grants, easements, permits, plan amendments and other approvals for the transmission line right-of-way shall be issued not later than 60 days after the completion of the administrative and environmental review under subsection (c) or March 31, 2004, whichever occurs first. (e) Preserving State Authority.--Nothing in this section shall affect the authority of the State of California in making any decision regarding the siting or public need for the transmission line described in subsection (a). (f) Other Terms and Conditions.--The transmission line right-of-way shall be subject to such terms and conditions as the Secretary of the Interior and the Secretary of Agriculture consider necessary, as a result of the environmental review under subsection (c), to protect the value of historic, cultural, tribal, and natural resources under the jurisdiction of the Department of the Interior or the Department of Agriculture.

Declares that specified lands held in fee by the Pechanga Band of Luiseno Mission Indians shall not be transferred or made available for condemnation until the Secretary of the Interior renders a final decision (and all appeals are exhausted) on the pending fee to trust application, or the application is withdrawn.Directs the Secretaries of the Interior and Agriculture (the "Secretaries") to issue the necessary grants, easements, permits, plan amendments, and other approvals to allow for the siting and construction of a high-voltage electricity transmission line in part of the Cleveland National Forest in California and adjacent lands under the jurisdiction of the Bureau of Land Management and the Forest Service.Forbids any portion of the transmission line from entering any identified wilderness area.Assigns primary responsibility for completing the environmental and other reviews necessary for the implementation of this Act to the Secretary of the Interior, acting through the Bureau of Land Management. States that it is anticipated that this Act will make it unnecessary to construct regional transmission lines through heavily populated lands in the Temecula Valley.Subjects the right-of-way to such terms and conditions as the Secretaries set forth to protect historic, cultural, and natural resources under their respective jurisdictions.

{"src": "billsum_train", "title": "To protect certain lands held in fee by the Pechanga Band of Luiseno Mission Indians from condemnation until a final decision is made regarding a pending fee to trust application for that land, to provide an environmentally sound process for the expeditious consideration and approval of an electricity transmission line right-of-way through the Trabuco Ranger District of the Cleveland National Forest and adjacent Federal lands, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural America Digital Accessibility Act''. SEC. 2. GRANTS TO FACILITATE DEPLOYMENT OF BROADBAND TELECOMMUNICATIONS CAPABILITIES TO UNDERSERVED RURAL AREAS. (a) In General.--In order to facilitate the deployment by the private sector of broadband telecommunications networks and capabilities (including wireless and satellite networks and capabilities) to underserved rural areas, the Secretary of Commerce (in this section, referred to as the ``Secretary'') may-- (1) make grants to eligible recipients for that purpose; (2) guarantee loans, either whole or in part, of eligible recipients the proceeds of which are to be used for that purpose; or (3) carry out activities under both paragraphs (1) and (2). (b) Eligible Recipients.--For purposes of this section, an eligible recipient of a grant or loan guarantee under subsection (a) is any person or entity selected by the Secretary in accordance with such procedures as the Secretary shall establish. (c) Underserved Rural Areas.--The Secretary shall identify the areas that constitute underserved rural areas for purposes of this section. (d) Emphasis on Particular Capabilities.--In selecting a person or entity as an eligible recipient of a grant or loan guarantee under subsection (a), the Secretary shall give particular emphasis to persons or entities that propose to use the grant or the proceeds of the loan guaranteed, as the case may be, to leverage non-Federal resources to do one or more of the following: (1) Provide underserved rural areas with access to Internet service by local telephone. (2) Demonstrate new models or emerging technologies to bring broadband telecommunications services to underserved rural areas on a cost-effective basis. (3) Use broadband telecommunications services to stimulate economic development, such as providing connections between and among industrial parks located in such areas and providing high-speed telecommunications service links to small business incubators. (e) Consultation.--The Secretary may consult with the Federal Communications Commission in carrying out activities under this section. (f) Limitation on Amount.--The amount of any grants made under this section, and the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of any loans guaranteed under this section, may not, in the aggregate, exceed $100,000,000. (g) Authorization of Appropriations.--There is authorized to be appropriated for the Department of Commerce for purposes of grants and loan guarantees under this section $100,000,000 for fiscal year 2002, and such sums as are necessary for each fiscal year thereafter. SEC. 3. RESEARCH ON ENHANCEMENT OF BROADBAND TELECOMMUNICATIONS SERVICES. (a) In General.--The Director of the National Science Foundation (in this section, referred to as the ``Director'') shall carry out research on the following: (1) Means of enhancing or facilitating the availability of broadband telecommunications services in rural areas and other remote areas. (2) Means of facilitating or enhancing access to the Internet through broadband telecommunications services. (b) Scope of Authority.--The Director may carry out research under subsection (a) within the National Science Foundation or pursuant to such grants, agreements, or other arrangements as the Director considers appropriate. (c) Results of Research.--The Director shall make available to the public, in such manner as the Director considers appropriate, the results of any research carried out under this section. (d) Authorization of Appropriations.--There is authorized to be appropriated for the National Science Foundation for purposes of activities under this section $25,000,000 for fiscal year 2002, and such sums as are necessary for each fiscal year thereafter. SEC. 4. TAX CREDIT TO HOLDERS OF QUALIFIED TECHNOLOGY BONDS. (a) In General.--Part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to credits against tax) is amended by adding at the end the following new subpart: ``Subpart H--Nonrefundable Credit for Holders of Qualified Technology Bonds ``Sec. 54. Credit to holders of qualified technology bonds. ``SEC. 54. CREDIT TO HOLDERS OF QUALIFIED TECHNOLOGY BONDS. ``(a) Allowance of Credit.--In the case of a taxpayer who holds a qualified technology bond on a credit allowance date of such bond which occurs during the taxable year, there shall be allowed as a credit against the tax imposed by this chapter for such taxable year the amount determined under subsection (b). ``(b) Amount of Credit.-- ``(1) In general.--The amount of the credit determined under this subsection with respect to any qualified technology bond is the amount equal to the product of-- ``(A) the credit rate determined by the Secretary under paragraph (2) for the month in which such bond was issued, multiplied by ``(B) the face amount of the bond held by the taxpayer on the credit allowance date. ``(2) Determination.--During each calendar month, the Secretary shall determine a credit rate which shall apply to bonds issued during the following calendar month. The credit rate for any month is the percentage which the Secretary estimates will permit the issuance of qualified technology bonds without discount and without interest cost to the issuer. ``(c) Limitation Based on Amount of Tax.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(1) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(2) the sum of the credits allowable under this part (other than this subpart and subpart C). ``(d) Qualified Technology Bond.--For purposes of this part-- ``(1) In general.--The term `qualified technology bond' means any bond issued as part of an issue if-- ``(A) 95 percent of more of the proceeds of such issue are to be used for any or a series of qualified projects, ``(B) the bond is issued by a State or local government within the jurisdiction of which such project is located, ``(C) the issuer designates such bond for purposes of this section, ``(D) certifies that it has obtained the written approval of the Secretary of Commerce for such project, and ``(E) the term of each bond which is part of such issue does not exceed 15 years. ``(2) Qualified project.-- ``(A) In general.--The term `qualified project' means a project-- ``(i) to expand broadband telecommunications services in an area within the jurisdiction of a State or local government, ``(ii) which is nominated by such State or local government for a designation as a qualified project, and ``(iii) which the Secretary of Commerce, after consultation with the Secretary of Housing and Urban Development designates as a qualified project or a series of qualified projects. ``(B) Designation preferences.--With respect to designations under this section, preferences shall be given to-- ``(i) nominations of projects involving underserved urban or rural areas lacking access to high-speed Internet connections, and ``(ii) nominations reflecting partnerships and comprehensive planning between State and local governments and the private sector. ``(e) Limitation on Amount of Bonds Designated.-- ``(1) National limitation.--There is a national technology bond limitation for each calendar year. Such limitation is $100,000,000 for 2002, 2003, 2004, 2005, and 2006, and, except as provided in paragraph (4), zero thereafter. ``(2) Allocation of limitation.--The national technology bond limitation for a calendar year shall be allocated by the Secretary among the qualified projects designated for such year. ``(3) Designation subject to limitation amount.--The maximum aggregate face amount of bonds issued during any calendar year which may be designated under subsection (d)(1) with respect to any qualified project shall not exceed the limitation amount allocated to such project under paragraph (2) for such calendar year. ``(4) Carryover of unused limitation.--If for any calendar year-- ``(A) the national technology limitation amount, exceeds ``(B) the amount of bonds issued during such year which are designated under subsection (d)(1) with respect to qualified projects, the national technology limitation amount for the following calendar year shall be increased by the amount of such excess. ``(f) Other Definitions.--For purposes of this subpart-- ``(1) Bond.--The term `bond' includes any obligation. ``(2) Credit allowance date.--The term `credit allowance date' means, with respect to any issue, the last day of the 1- year period beginning on the date of issuance of such issue and the last day of each successive 1-year period thereafter. ``(3) State.--The term `State' means the several States and the District of Columbia. ``(g) Credit Included in Gross Income.--Gross income includes the amount of the credit allowed to the taxpayer under this section (determined without regard to subsection (c)) and the amount so included shall be treated as interest income. ``(h) Other Special Rules.-- ``(1) Partnership; s corporation; and other pass-thru entities.--Under regulations prescribed by the Secretary, in the case of a partnership, trust, S corporation, or other pass- thru entity, rules similar to the rules of section 41(g) shall apply with respect to the credit allowable under subsection (a). ``(2) Bonds held by regulated investment companies.--If any qualified technology bond is held by a regulated investment company, the credit determined under subsection (a) shall be allowed to shareholders of such company under procedures prescribed by the Secretary. ``(3) Treatment for estimated tax purposes.--Solely for purposes of sections 6654 and 6655, the credit allowed by this section to a taxpayer by reason of holding a qualified technology bond on a credit allowance date shall be treated as if it were a payment of estimated tax made by the taxpayer on such date. ``(4) Reporting.--Issuers of qualified technology bonds shall submit reports similar to the reports required under section 149(e).''. (b) Reporting.--Subsection (d) of section 6049 of the Internal Revenue Code of 1986 (relating to returns regarding payments of interest) is amended by adding at the end the following new paragraph: ``(8) Reporting of credit on qualified technology bonds.-- ``(A) In general.--For purposes of subsection (a), the term `interest' includes amounts includible in gross income under section 54(g) and such amounts shall be treated as paid on the credit allowance date (as defined in section 54(f)(2)). ``(B) Reporting to corporations, etc.--Except as otherwise provided in regulations, in the case of any interest described in subparagraph (A) of this paragraph, subsection (b)(4) of this section shall be applied without regard to subparagraphs (A), (H), (I), (J), (K), and (L)(i). ``(C) Regulatory authority.--The Secretary may prescribe such regulations as are necessary or appropriate to carry out the purposes of this paragraph, including regulations which require more frequent or more detailed reporting.''. (c) Clerical Amendments.-- (1) The table of subparts for 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 item: ``Subpart H. Nonrefundable Credit for Holders of Qualified Technology Bonds.''. (2) Section 6401(b)(1) of such Code is amended by striking ``and G'' and inserting ``G, and H''. (d) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 2001. SEC. 5. GRANTS FOR TECHNOLOGY EXTENSION. (a) Purpose.--It is the purpose of this section-- (1) to encourage meaningful use of the most advanced available technologies by small businesses and medium-sized businesses to the maximum extent possible to improve the productivity of those businesses and thereby to promote economic growth; and (2) to promote regional partnerships between educational institutions and businesses to develop such technologies and products in the surrounding areas. (b) Grant Program.--To achieve the purpose of this section, the Secretary of Commerce (in this section, referred to as the ``Secretary'') shall carry out a program to provide, through grants, financial assistance for the establishment and support of regional centers for the commercial use of advanced technologies by small businesses and medium-sized businesses. (c) Eligibility.--An entity is eligible to receive a grant as a regional center under this section if the entity-- (1) is affiliated with a United States-based institution or organization that is operated on a not-for-profit basis, or any combination of two or more of such institutions or organizations; (2) offers to enter into an agreement with the Secretary to function as a regional center for the commercial use of advanced technologies for the purpose of this section within a region determined appropriate by the Secretary; and (3) demonstrates that it has the capabilities necessary to achieve the purpose of this section through its operations as a center within that region. (d) Selection of Applicants.-- (1) Competitive process.--The Secretary shall use a competitive process for the awarding of grants under this section and, under that process, select recipients of the grants on the basis of merit, with priority given to underserved areas. (2) Applications for grants.--The Secretary shall prescribe the form and content of applications required for grants under this section. (e) Specific Activities of Regional Centers.--A regional center may use the proceeds of a grant under this section for any activity that carries out the purpose of this section, including such activities as the following: (1) Assist small businesses and medium-sized businesses to address their most critical needs for the application of the latest technology, improvement of infrastructure, and use of best business practices. (2) In conjunction with institutions of higher education and laboratories located in the region, transfer technologies to small businesses and medium-sized businesses located in such region to create jobs and increase production in surrounding areas. (f) Additional Administrative Authorities.-- (1) Cost-sharing.--The Secretary may require the recipient of a grant to defray, out of funds available from sources other than the Federal Government, a specific level of the operating expenses of the regional center for which the grant is made. (2) Additional terms and conditions.--The Secretary, in awarding a grant, may impose any other terms and conditions for the use of the proceeds of the grant that the Secretary determines appropriate for carrying out the purposes of this section and to protect the interests of the United States. (g) Definitions of Small Business and Medium-Sized Business.-- (1) Secretary to prescribe.--The Secretary shall prescribe the definitions of the terms ``small business'' and ``medium- sized business'' for the purpose of this section. (2) Small business standards.--In defining the term ``small business'', the Secretary shall apply the standards applicable for the definition of the term ``small-business concern'' under section 3 of the Small Business Act (15 U.S.C. 632). (h) Regulations.--The Secretary shall prescribe regulations for the grant program administered under this section. (i) Authorization of Appropriations.--There is authorized to be appropriated for the Department of Commerce for carrying out this section $125,000,000 for fiscal year 2002, and such sums as are necessary for each fiscal year thereafter.

Rural America Digital Accessibility Act - Authorizes the Secretary of Commerce to make grants or guarantee loans in order to facilitate the deployment by the private sector of broadband telecommunications networks and capabilities (including wireless and satellite services) to underserved rural areas. Limits to $100 million the total amount of such grants and loan guarantees.Requires the Director of the National Science Foundation to research the enhancement or facilitation of broadband telecommunications services in rural and other remote areas, as well as Internet access through such services.Amends the Internal Revenue Code to provide a tax credit to holders of qualified technology bonds (bonds representing an investment in projects to expand such telecommunications services). Sets a national technology bond limitation of $100 million for each of FY 2002 through 2006, and zero thereafter (with an exception) to be allocated by the Secretary among the qualified projects designated each year.Directs the Secretary to provide financial assistance for the establishment and support of regional centers for the commercial use of advanced technologies by small and medium-sized businesses.

{"src": "billsum_train", "title": "To bridge the digital divide in rural areas."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nursing Home Criminal Background Check Act of 2000''. SEC. 2. NURSING HOME CRIMINAL BACKGROUND CHECK. (a) In General.--Part I of title 18, United States Code, is amended by inserting after chapter 69 the following new chapter: ``CHAPTER 70--NURSING HOME CRIMINAL BACKGROUND CHECK ``Sec. ``1441. Prohibition of employment of convicted felons in nursing homes. ``1442. Notification of background check requirement. ``1443. Criminal background check requirement. ``1444. Statement for criminal background check. ``1445. Criminal background check process. ``1446. Definitions. ``Sec. 1441. Prohibition of employment of convicted felons in nursing homes ``Whoever, being a nursing facility, knowingly employs a person who has not passed the criminal background check required by this chapter in connection with that employment shall be fined not more than $5,000. ``Sec. 1442. Notification of background check requirement ``Not later than 180 days after the date of enactment of the Nursing Home Criminal Background Check Act of 2000, the Attorney General, in consultation with the Secretary of Health and Human Services, shall notify nursing facilities of the requirements of this chapter. ``Sec. 1443. Criminal background check requirement ``Not later than 180 days after receiving the notice described in section 1442, each nursing facility shall adopt and enforce a requirement that each applicant to that facility for employment, make a statement under section 1444. ``Sec. 1444. Statement for criminal background check ``The statement required under section 1443 shall be in writing and contain-- ``(1) the name, address, and date of birth appearing on a valid identification document (as defined in section 1028(d)(2) of this title) of applicant, a description of the identification document used, and the applicant's Social Security number; ``(2) a statement that such applicant has never been convicted of a crime of violence or a crime involving illegal activity relating to controlled substances (as that term is defined in the Controlled Substances Act); and ``(3) the date the statement is made. ``Sec. 1445. Criminal background check process ``(a) The nursing facility shall transmit to the Attorney General each statement from an applicant that the facility receives under section 1444. ``(b)(1) The Attorney General, using information available to the Department of Justice, shall promptly determine whether the applicant has ever been convicted of a crime of violence or a crime involving illegal activity relating to controlled substances (as that term is defined in the Controlled Substances Act). If so, the Attorney General shall, not later than 5 business days after the receipt of the statement, inform the nursing facility that the applicant did not pass the background check. If after 5 business days the nursing facility has not been informed by the Attorney General that the applicant has been so convicted, the applicant shall be deemed to have passed the background check. ``(2) In no case shall the nursing facility or the applicant be charged a fee in connection with the background check process. ``(3) It is a complete defense to any cause of action against a nursing facility or any of its agents based on a failure or refusal to hire the applicant that the applicant did not pass the check. ``Sec. 1446. Definitions ``In this chapter.-- ``(1) the term `nursing facility' means-- ``(A) any `nursing facility' as that term is defined under section 1919(a) of title XIX of the Social Security Act (42 U.S.C. 1396r(a)); and ``(B) any `skilled nursing facility' as that term is defined under section 1818(a) of title XVIII of the Social Security Act (42 U.S.C. 1395i-3(a)); and ``(2) the term `applicant' does not include a person seeking to enter into contract employment or employment as a licensed professional such as a doctor or nurse.''. (b) Clerical Amendment.--The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 69 the following new item: ``70. Nursing Home Criminal Background Check................ 1441''. SEC. 3. CONFORMING AMENDMENTS. (a) Medicaid.--Section 1919 of title XIX of the Social Security Act (42 U.S.C. 1396r) is amended by adding at the end the following: ``(j) Nursing Home Criminal Background Check.--A nursing facility administrator shall meet the nursing home background check requirements of chapter 70 of title 18, United States Code.''. (b) Medicare.--Section 1819 of title XVIII of the Social Security Act (42 U.S.C. 1395i-3) is amended by adding at the end the following: ``(j) Nursing Home Criminal Background Check.--A skilled nursing facility administrator shall meet the nursing home background check requirements of chapter 70 of title 18, United States Code.''. SEC. 4. REPORT TO CONGRESS. Not later than 3 years after the date of the enactment of this Act, the Attorney General shall conduct a study of the effects of background checks in nursing home settings, and report to Congress-- (1) the success of conducting background checks on nursing home employees; (2) the impact of background checks on patient care; (3) the need to conduct background checks in other settings outside nursing facilities; and (4) methods to further improve the background check system and the costs of such improvements.

Requires: (1) the Attorney General to notify nursing facilities of the requirements of this Act; (2) each nursing facility to require each applicant for employment to make a statement in writing containing the applicant's name, address, and date of birth appearing on a valid identification document, a description of the identification document used, the applicant's Social Security number, and a statement that such applicant has never been convicted of a crime of violence or a crime involving illegal activity relating to controlled substances; (3) the nursing facility to transmit each applicant statement to the Attorney General; and (4) the Attorney General to determine whether the applicant has ever been convicted of such a crime and, if so, to inform the nursing facility that the applicant did not pass the background check. Specifies that if after a specified period the nursing facility has not been informed by the Attorney General that the applicant has been so convicted, the applicant shall be deemed to have passed the background check. Provides that: (1) in no case shall the nursing facility or the applicant be charged a fee in connection with the background check process; and (2) it is a complete defense to any cause of action against a nursing facility based on a failure or refusal to hire the applicant that the applicant did not pass the check. (Sec. 3) Amends title XIX of the Social Security Act (Medicaid) and title XVIII of such Act (Medicare) to require a nursing facility administrator to meet the requirements of this Act. Requires the Attorney General to study and report to Congress on the effects of background checks in nursing home settings.

{"src": "billsum_train", "title": "Nursing Home Criminal Background Check Act of 2000"}

SECTION 1. SPECIAL RULE FOR CERTAIN FACILITIES GENERATING ELECTRICITY FROM BIOMASS AND MUNICIPAL SOLID WASTE. (a) In General.--Section 45(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(12) Special rule for certain qualified facilities.-- ``(A) In general.--In the case of electricity produced at a qualified facility described in paragraph (3) or (7) of subsection (d) and placed in service before the date of the enactment of this paragraph, a taxpayer may elect to apply subsection (a)(2)(A)(ii) by substituting `the period beginning after December 31, 2016, and ending before January 1, 2018' for `the 10- year period beginning on the date the facility was originally placed in service'. ``(B) Limitation.--No credit shall be allowed under subsection (a) to any taxpayer making an election under this paragraph with respect to electricity produced and sold at a facility during any period which, when aggregated with all other periods for which a credit is allowed under this section with respect to electricity produced and sold at such facility, is in excess of 10 years.''. (b) Effective Date.--The amendment made by this section shall take effect on January 1, 2017. SEC. 2. MODIFICATION TO DEFINITION OF MUNICIPAL SOLID WASTE. (a) In General.--Paragraph (6) of section 45(c) of the Internal Revenue Code of 1986 is amended to read as follows: ``(6) Municipal solid waste.-- ``(A) In general.--The term `municipal solid waste' has the meaning given the term `solid waste' under section 2(27) of the Solid Waste Disposal Act (42 U.S.C. 6903), except that such term does not include-- ``(i) paper which is commonly recycled and which has been segregated from other solid waste (as so defined), or ``(ii) solid waste (as so defined) which is collected as part of a system which commingles commonly recycled paper with other solid waste which is not commonly recycled at any point from the time of collection through any materials recovery. ``(B) Special rule with respect to incidental and residual waste.--Subparagraph (A)(ii) shall not apply to-- ``(i) solid waste (as so defined) which only contains an incidental amount of commonly recycled paper, and ``(ii) solid waste (as so defined) which is residual waste generated at a materials recovery facility that receives and processes only paper and other recyclable materials containing no more than an incidental amount of non-recyclable solid waste. ``(C) No effect on existing processes.--Nothing in subparagraph (A) shall be interpreted to require a State or a political subdivision of a State, directly or indirectly, to change the systems, processes, or equipment it uses to collect, treat, dispose, or otherwise use municipal solid waste, within the meaning of the Solid Waste Disposal Act (42 U.S.C. 6903 et seq.), nor require a change to the regulations that implement subtitle D of such Act (42 U.S.C. 6901 et seq.).''. (b) Rules With Respect to Electricity Produced From Solid Waste.-- Subsection (e) of section 45 of the Internal Revenue Code of 1986, as amended by this Act, is amended by adding at the end the following new paragraph: ``(13) Source of municipal solid waste feedstock.--In the case of a qualified facility that produces electricity both from municipal solid waste and other solid waste that is not a qualified energy resource-- ``(A) such facility shall be considered a qualified facility if it otherwise meets the requirements of subsection (d), and ``(B) subsection (a) shall only apply to that portion of the electricity produced from municipal solid waste.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

This bill amends the Internal Revenue Code, with respect to the tax credit for producing electricity from renewable resources, to allow a taxpayer to elect the application of such credit to open-loop biomass and trash facilities during the period beginning after December 31, 2016, and ending before January 1, 2018 (in lieu of the 10-year period after the facilities are originally placed in service). The bill limits the aggregate period during which a taxpayer can claim a tax credit with respect to a facility to 10 years. The bill also modifies the definition of "municipal solid waste" to specify that the term does not include solid waste collected as part of a system which commingles commonly recycled paper with other solid waste which is not commonly recycled at any point from the time of collection through any materials recovery. The bill includes exceptions for incidental and residual waste. In the case of a facility that produces electricity both from municipal solid waste and other solid waste that is not a qualified energy resource: (1) the facility is a qualified facility if it otherwise meets the requirements for qualified facilities, and (2) the credit only applies to the portion of the electricity produced from municipal solid waste.

{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to modify the credit for production of electricity from renewable resources to allow a credit for certain open-loop biomass and trash facilities placed in service before the date of the enactment of this Act and to modify the definition of municipal solid waste."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Personal Health Investment Today Act of 2015'' or the ``PHIT Act of 2015''. SEC. 2. PURPOSE. The purpose of this Act is to promote health and prevent disease, particularly diseases related to being overweight and obese, by-- (1) encouraging healthier lifestyles; (2) providing financial incentives to ease the financial burden of engaging in healthy behavior; and (3) increasing the ability of individuals and families to participate in physical fitness activities. SEC. 3. CERTAIN AMOUNTS PAID FOR PHYSICAL ACTIVITY, FITNESS, AND EXERCISE TREATED AS AMOUNTS PAID FOR MEDICAL CARE. (a) In General.--Paragraph (1) of section 213(d) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ``, or'', and by inserting after subparagraph (D) the following new subparagraph: ``(E) for qualified sports and fitness expenses.''. (b) Qualified Sports and Fitness Expenses.--Subsection (d) of section 213 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(12) Qualified sports and fitness expenses.-- ``(A) In general.--The term `qualified sports and fitness expenses' means amounts paid exclusively for the sole purpose of participating in a physical activity including-- ``(i) for membership at a fitness facility, ``(ii) for participation or instruction in physical exercise or physical activity, or ``(iii) for equipment used in a program (including a self-directed program) of physical exercise or physical activity. ``(B) Overall dollar limitation.--The aggregate amount treated as qualified sports and fitness expenses with respect to any taxpayer for any taxable year shall not exceed $1,000 ($2,000 in the case of a joint return or a head of household (as defined in section 2(b))). ``(C) Fitness facility.--For purposes of subparagraph (A)(i), the term `fitness facility' means a facility-- ``(i) that provides instruction in a program of physical exercise, offers facilities for the preservation, maintenance, encouragement, or development of physical fitness, or serves as the site of such a program of a State or local government, ``(ii) which is not a private club owned and operated by its members, ``(iii) which does not offer golf, hunting, sailing, or riding facilities, ``(iv) the health or fitness component of which is not incidental to its overall function and purpose, and ``(v) which is fully compliant with the State of jurisdiction and Federal anti- discrimination laws. ``(D) Treatment of exercise videos, etc.--Videos, books, and similar materials shall be treated as described in subparagraph (A)(ii) if the content of such materials constitutes instruction in a program of physical exercise or physical activity. ``(E) Limitations related to sports and fitness equipment.--Amounts paid for equipment described in subparagraph (A)(iii) shall be treated as qualified sports and fitness expenses only-- ``(i) if such equipment is utilized exclusively for participation in fitness, exercise, sport, or other physical activity, ``(ii) in the case of amounts paid for apparel or footwear, if such apparel or footwear is of a type that is necessary for, and is not used for any purpose other than, a specific physical activity, and ``(iii) in the case of amounts paid for any single item of sports equipment (other than exercise equipment), to the extent such amounts do not exceed $250. ``(F) Programs which include components other than physical exercise and physical activity.--Rules similar to the rules of paragraph (6) shall apply in the case of any program that includes physical exercise or physical activity and also other components. For purposes of the preceding sentence, travel and accommodations shall be treated as a separate component.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Personal Health Investment Today Act of 2015 or the PHIT Act of 2015 This bill amends the Internal Revenue Code to allow a medical care tax deduction for up to $1,000 ($2,000 for a joint return or a head of household) of qualified sports and fitness expenses. The bill defines "qualified sports and fitness expenses" as amounts paid exclusively for the sole purpose of participating in a physical activity, including: (1) for membership at a fitness facility, (2) for participation or instruction in physical exercise or activity, or (3) for equipment used in a program (including a self-directed program) of physical exercise or activity.

{"src": "billsum_train", "title": "PHIT Act of 2015"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Food Security Act of 2014''. SEC. 2. STATEMENT OF POLICY OBJECTIVES; SENSE OF CONGRESS. (a) Statement of Policy Objectives.--It is in the national security interest of the United States to promote global food security and nutrition, consistent with national food security investment plans, which is reinforced through programs, activities, and initiatives that-- (1) accelerate inclusive, agricultural-led economic growth that reduces global poverty, hunger, and malnutrition, particularly among women and children; (2) increase the productivity, incomes, and livelihoods of small-scale producers, especially women, by working across agricultural value chains and expanding producer access to local and international markets; (3) build resilience to food shocks among vulnerable populations and households while reducing reliance upon emergency food assistance; (4) create an enabling environment for agricultural growth and investment, including through the promotion of secure and transparent property rights; (5) improve the nutritional status of women and children, with a focus on reducing child stunting, including through the promotion of highly nutritious foods, diet diversification, and nutritional behaviors that improve maternal and child health; (6) align with and leverage broader United States investments in trade, economic growth, science and technology, maternal and child health, and water, sanitation, and hygiene; and (7) ensure the effective use of United States taxpayer dollars to further these objectives. (b) Sense of Congress.--It is the sense of the Congress that the President, in providing assistance to implement the Global Food Security Strategy, should-- (1) coordinate, through a whole-of-government approach, the efforts of relevant Federal departments and agencies to implement the Global Food Security Strategy; (2) utilize, to the extent possible, open and streamlined solicitations to allow for the participation of a wide range of implementing partners via the most appropriate contracting mechanism; and (3) continue to strengthen existing partnerships between developing country institutions of agricultural sciences with universities in the United States, with a focus on building the capacities of developing nation universities in agriculture. SEC. 3. DEFINITIONS. In this Act: (1) Agriculture.--The term ``agriculture'' means crops, livestock, fisheries, and forestries. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations of the Senate; (B) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (C) the Committee on Appropriations of the Senate; (D) the Committee on Foreign Affairs of the House of Representatives; (E) the Committee on Agriculture of the House of Representatives; and (F) the Committee on Appropriations of the House of Representatives. (3) Feed the future innovation labs.--The term ``Feed the Future Innovation Labs'' means research partnerships led by United States universities that advance solutions to reduce global hunger, poverty, and malnutrition. (4) Global food security strategy.--The term ``Global Food Security Strategy'' means the strategy developed and implemented pursuant to section 4(a). (5) Food and nutrition security.--The term ``food and nutrition security'' means access to, and availability, utilization, and stability of, sufficient food to meet caloric and nutritional needs for an active and healthy life. (6) Malnutrition.--The term ``malnutrition'' means poor nutritional status caused by nutritional deficiency or excess. (7) Resilience.--The term ``resilience'' means the ability of people, households, communities, countries, and systems to mitigate, adapt to, and recover from shocks and stresses to food security in a manner that reduces chronic vulnerability and facilitates inclusive growth. (8) Relevant federal departments and agencies.--The term ``relevant Federal departments and agencies'' means the United States Agency for International Development, the Department of Agriculture, the Department of Commerce, the Department of State, the Department of the Treasury, the Millennium Challenge Corporation, the Overseas Private Investment Corporation, the Peace Corps, the Office of the United States Trade Representative, the United States African Development Foundation, the United States Geological Survey, and any other department or agency specified by the President for purposes of this section. (9) Small-scale producer.--The term ``small-scale producer'' means farmers, pastoralists, foresters, and fishers that have a low-asset base and limited resources, including land, capital, skills and labor, and, in the case of farmers, typically farm on fewer than 5 hectares of land. SEC. 4. COMPREHENSIVE GLOBAL FOOD SECURITY STRATEGY. (a) Strategy.--The President shall coordinate the development and implementation of a United States whole-of-government strategy to accomplish the policy objectives set forth in section 2(a), which shall-- (1) support and be aligned with country-owned agriculture, nutrition, and food security policy and investment plans developed with input from relevant governmental and nongovernmental sectors within partner countries and regional bodies, including representatives of the private sector, agricultural producers, including women and small-scale producers, international and local civil society organizations, faith-based organizations, research institutions, and farmers as reasonable and appropriate; (2) support inclusive agricultural value chain development, with small-scale producers, especially women, gaining greater access to the inputs, skills, networking, bargaining power, financing, and market linkages needed to sustain their long- term economic prosperity; (3) seek to improve the nutritional status of women and children, particularly during the critical first 1,000-day window until a child reaches 2 years of age, with a focus on reducing child stunting; (4) seek to ensure the long-term success of programs by building the capacity of local organizations and institutions; (5) integrate resilience strategies into food security programs, such that chronically vulnerable populations are better able to build safety nets, secure livelihoods, access markets, and access opportunities from longer-term economic growth; (6) develop community and producer resiliency to natural disasters, emergencies, and natural occurrences that adversely impact agricultural yield; (7) harness science, technology, and innovation, including the research conducted at Feed the Future Innovation Labs, or any successor entities, throughout the United States; (8) support integrating agricultural development activities among food insecure populations living in proximity to designated national parks or wildlife areas to support wildlife conservation efforts; (9) leverage resources and expertise through partnerships with the private sector, farm organizations, cooperatives, civil society, faith-based organizations, research entities, and academic institutions; (10) support collaboration, as appropriate, between United States universities and public and private institutions in developing countries to promote agricultural development and innovation; (11) set clear and transparent selection criteria for target countries, regions, and intended beneficiaries of assistance to implement the Global Food Security Strategy; (12) set specific and measurable goals, targets, and time frames, and a plan of action consistent with the policy objectives described in section 2(a); (13) seek to ensure that target countries respect and promote the lawful land tenure rights of local communities, particularly those of women and small-scale producers; and (14) include criteria and methodology for graduating countries from assistance to implement the Global Food Security Strategy once the countries have achieved certain benchmarks. (b) Coordination.--The President shall coordinate, through a whole- of-government approach, the efforts of relevant Federal departments and agencies in the implementation of the Global Food Security Strategy by-- (1) establishing monitoring and evaluation systems, coherence, and coordination across relevant Federal departments and agencies; and (2) establishing platforms for regular consultation and collaboration with key stakeholders, including-- (A) multilateral institutions; (B) private voluntary organizations; (C) cooperatives; (D) the private sector; (E) local nongovernmental and civil society organizations; (F) faith-based organizations; (G) congressional committees; and (H) other stakeholders, as appropriate. SEC. 5. ASSISTANCE TO IMPLEMENT THE GLOBAL FOOD SECURITY STRATEGY. (a) In General.--The President is authorized to provide assistance to implement the Global Food Security Strategy pursuant to the authorities of section 103, section 103A, title XII of chapter 2 of part I, and chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151a, 2151a-1, 2220a et seq., and 2346 et seq.) notwithstanding any other provision of law. (b) Monitoring and Evaluation.--The President should seek to ensure that assistance to implement the Global Food Security Strategy is provided under established parameters for a rigorous accountability system to monitor and evaluate progress and impact of the strategy, including by reporting to the appropriate congressional committees and the public on an annual basis. (c) Authorization of Appropriations.--There is authorized to be appropriated to the President $1,000,600,000 for fiscal year 2015 to carry out this section. SEC. 6. REPORT. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report that describes the status of the implementation of the Global Food Security Strategy. (b) Content.--The report required under subsection (a) shall-- (1) contain a summary of the Global Food Security Strategy as an appendix; (2) identify any substantial changes made in the Global Food Security Strategy during the preceding calendar year; (3) identify the indicators that will be used to measure results, set benchmarks for progress over time, and establish mechanisms for reporting results in an open and transparent manner; (4) describe the progress made in implementing the Global Food Security Strategy; (5) assess the progress and results of implementing international food and nutrition security programming; (6) contain a transparent, open, and detailed accounting of spending by relevant Federal departments and agencies to implement the Global Food Security Strategy, including by listing all recipients of funding or partner organizations and, to the extent possible, describing their activities; (7) identify any United States legal or regulatory impediments that could obstruct the effective implementation of the programming referred to in paragraph (5); (8) contain a clear gender analysis of programming that includes established disaggregated gender indicators to better analyze outcomes for food productivity, income growth, equity in access to inputs, jobs and markets, and nutrition; (9) describe the strategies and benchmarks for graduating target countries and monitoring any graduated target countries; (10) assess efforts to coordinate United States international food security and nutrition programs, activities, and initiatives with-- (A) other bilateral donors; (B) international and multilateral organizations; (C) international financial institutions; (D) host country governments; (E) international and local private voluntary, nongovernmental, faith-based organizations, and civil society organizations; and (F) other stakeholders; (11) assess United States Government-facilitated private investment in related sectors and the impact of private sector investment in target countries; (12) include consultation with relevant United States Government agencies in the preparation of the report; and (13) incorporate a plan for regularly reviewing and updating strategies, partnerships, and programs and sharing lessons learned with a wide range of stakeholders. (c) Public Availability of Information.--The information referred to in subsection (b) shall be made publicly accessible in a timely manner on a consolidated website. Passed the House of Representatives December 10, 2014. Attest: KAREN L. HAAS, Clerk.

Global Food Security Act of 2014 - Expresses the sense of Congress that the President, in providing assistance to implement the Global Food Security Strategy, should: coordinate federal efforts to implement the Strategy, utilize open and streamlined solicitations to allow for the participation of a wide range of implementing partners, and strengthen existing partnerships between developing country institutions of agricultural sciences with U.S. universities with a focus on building the agriculture capacities of developing nation universities. Directs the President to coordinate the development and implementation of a comprehensive global food security strategy. Authorizes the President to provide assistance to implement the Global Food Security Strategy. Authorizes FY2015 appropriations.

{"src": "billsum_train", "title": "Global Food Security Act of 2014"}

SECTION 1. TRANSFER OF LANDS INTO TRUST FOR PUEBLOS OF SAN ILDEFONSO AND SANTA CLARA, NEW MEXICO. (a) Lands Held in Trust for Pueblo of Santa Clara.--All right, title, and interest of the United States in the lands described in subsection (b), including all improvements thereon and appurtenances thereto and rights to all minerals, including oil and gas, are hereby declared to be held by the United States in trust for the Pueblo of Santa Clara. (b) Land Description.--The lands referred to in subsection (a) consist of approximately 2,484 acres of land presently under the jurisdiction of the Bureau of Land Management of the Department of the Interior situated within Rio Arriba County, New Mexico, and are more particularly described as follows: That portion of Section 22, Township 20 North, Range 7 East, New Mexico Principal Meridian, that is north of the line established in accordance with the provisions of Section 2(a) of this Act. South half of Section 23, Township 20 North, Range 7 East, New Mexico Principal Meridian. South half of Section 24, Township 20 North, Range 7 East, New Mexico Principal Meridian. All of Section 25, Township 20 North, Range 7 East, New Mexico Principal Meridian, except for the 5 acre tract in the Southeast quarter owned by San Ildefonso Pueblo. That portion of Section 26, Township 20 North, Range 7 East, New Mexico Principal Meridian, that is north and east of the line established in accordance with the provisions of Section 2(a) of this Act. That portion of Section 27, Township 20 North, Range 7 East, New Mexico Principal Meridian, that is north of the line established in accordance with the provisions of Section 2(a) of this Act. That portion of Section 19, Township 20 North, Range 8 East, New Mexico Principal Meridian, that is not included within the Santa Clara Pueblo Grant or the Santa Clara Indian Reservation. That portion of Section 30, Township 20 North, Range 8 East, New Mexico Principal Meridian, that is not included within the Santa Clara Pueblo Grant or the San Ildefonso Grant. (c) Lands Held in Trust for Pueblo of San Ildefonso.--All right, title, and interest of the United States in the lands described in subsection (d), including all improvements thereon and appurtenances thereto and rights to all minerals, including oil and gas, are hereby declared to be held by the United States in trust for the Pueblo of San Ildefonso. (d) Land Description.--The lands referred to in subsection (c) consist of approximately 2,000 acres of land presently under the jurisdiction of the Bureau of Land Management of the Department of the Interior situated within Rio Arriba and Santa Fe Counties, New Mexico, and are more particularly described as follows: That portion of Section 22, Township 20 North, Range 7 East, New Mexico Principal Meridian, that is south of the line established in accordance with the provisions of Section 2 (a) of this Act. That portion of Section 26, Township 20 North, Range 7 East, New Mexico Principal Meridian, that is south and west of the line established in accordance with the provisions of Section 2(a) of this Act. That portion of Section 27, Township 20 North, Range 7 East, New Mexico Principal Meridian, that is south of the line established in accordance with the provisions of Section 2(a) of this Act. All of Section 34, Township 20 North, Range 7 East, New Mexico Principal Meridian. That portion of Section 35, Township 20 North, Range 7 East, New Mexico Principal Meridian, that is not included within the San Ildefonso Pueblo Grant. SEC. 2. SURVEY OF BOUNDARY LINE; PUBLICATION OF DESCRIPTION IN FEDERAL REGISTER. (a) Survey of Boundary Line.--In order to accurately establish on the ground the boundary of the lands declared to be held in trust for the Pueblo of Santa Clara and the boundary of the lands declared to be held in trust for the Pueblo of San Ildefonso as described in section 1 of this Act, the Secretary of Interior shall, by the date that is 180 days after the date of enactment of this Act, cause a survey to be conducted by the Office of Cadastral Survey of the Bureau of Land Management of the boundary lines established under the provisions of the Agreement to Affirm Boundary Between Pueblo of Santa Clara and Pueblo of San Ildefonso Aboriginal Lands Within Garcia Canyon Tract, that was executed on December 20, 2000, by the respective Governors of the two Pueblos, which survey shall be undertaken in accordance with the provisions of such Agreement. (b) Publication of Land Descriptions in Federal Register.--Upon completion of the survey described in subsection (a), and its acceptance by the respective Governors of the 2 Pueblos, the Secretary shall cause the full metes and bounds description of the lines thus established, together with a full and accurate description of the lands declared to be held in trust for each Pueblo by Section 1 of this Act, respectively, to be published in the Federal Register, and such descriptions shall, upon their publication, constitute the official descriptions of the lands transferred into trust hereunder. In preparing such publication, the Secretary is authorized to correct any technical errors in the legal descriptions contained in this Act, so as to make the descriptions of the lands declared to be held in trust for the two Pueblos consistent with the terms of the Agreement described in subsection (a). SEC. 3. ADMINISTRATION OF LANDS DECLARED TO BE HELD IN TRUST. Upon the enactment of this Act, and subject to the other provisions of this Act, the lands described in section 1(b) are hereby declared to be part of the Pueblo of Santa Clara's reservation and the lands described in section 1(d) are hereby declared to be part of the Pueblo of San Ildefonso's reservation. All lands described in Section 1 shall be administered in accordance with the laws and rules of law generally applicable to property held in trust by the United States for Indian tribes. SEC. 4. VALID EXISTING RIGHTS PRESERVED. Nothing in this Act shall deprive any person (other than the United States) of any legal existing right-of-way, lease, permit, mining claim, grazing permit, water right, or any other right or interest which such person may have in any of the trust lands within the purview of this Act on the date preceding the date of enactment of this Act. No existing right or claim of either Pueblo to any lands or interest in lands based upon Aboriginal or Indian title shall be enlarged, impaired or otherwise affected by this Act. SEC. 5. LANDS SUBJECT TO SECTION 17 OF PUEBLO LANDS ACT. The lands described in section 1, and all lands owned or acquired by the Pueblo of Santa Clara within the Santa Clara Pueblo Grant, and all lands owned or acquired by the Pueblo of San Ildefonso within the San Ildefonso Pueblo Grant, shall be fully subject to the provisions of Section 17 of the Act of June 7, 1924 (43 Stat. 641; commonly referred to as the ``Pueblo Lands Act''). SEC. 6. USE OF LANDS. Land conveyed under this Act may only be used for traditional and customary uses or stewardship conservation for the benefit of the Pueblo of San Ildefonso or the Pueblo of Sanat Clara for whom the land is held in trust. The Secretary of the Interior shall work with the Pueblos to develop appropriate criteria for use of the land to ensure that the land is preserved for traditional and customary uses or stewardship conservation. SEC. 7. WATER. Nothing in this Act shall constitute or be construed to constitute-- (1) an express or implied reservation of water or water rights with respect to the land conveyed under this Act; or (2) a creation, recognition, disclaimer, relinquishment, or reduction of any water rights of Pueblo of San Ildefonso or the Pueblo Santa Clara existing prior to the date of the enactment of this Act.

Declares the right, title, and interest of the United States in certain tracts of land in Rio Arriba County, New Mexico, to be held in trust for the Pueblo of Santa Clara and the Pueblo of San Ildefonso, respectively (including mineral rights). Directs the Office of Cadastral Survey to conduct a survey of the boundary lines between the properties.Recognizes any person's (other than the United States') existing right-of-way, lease, permit, mining claim, grazing permit, water right, or other right or interest in the trust lands. Prohibits any existing right or claim of either Pueblo to any lands or interest in lands based upon Aboriginal or Indian title from being affected by this Act.Subjects the trust lands to the Pueblo Lands Act of 1924.Requires trust lands to be used only for traditional or customary uses or stewardship conservation.Prohibits this Act from being construed to constitute the reservation of water or water rights in the trust lands or any change in status of water rights of either Pueblo.

{"src": "billsum_train", "title": "To declare that the United States holds certain public domain lands in trust for the Pueblos of San Ildefonso and Santa Clara."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ban on Smoking in Federal Buildings Act''. SEC. 2. FINDINGS. Congress finds that-- (1) environmental tobacco smoke is a cause of lung cancer in healthy nonsmokers and is responsible for acute and chronic respiratory problems and other health impacts among sensitive populations; (2) environmental tobacco smoke comes from secondhand smoke exhaled by smokers and sidestream smoke emitted from the burning of cigarettes, cigars, and pipes; (3) citizens of the United States spend up to 90 percent of a day indoors and, consequently, there is a significant potential for exposure to environmental tobacco smoke from indoor air; (4) exposure to environmental tobacco smoke occurs in public buildings and other indoor facilities; and (5) the health risks posed by environmental tobacco smoke exceed the risks posed by many environmental pollutants regulated by the Environmental Protection Agency. SEC. 3. SMOKING PROHIBITION IN FEDERAL BUILDINGS. (a) Smoking Prohibition.--On and after the 180th day after the date of the enactment of this Act, smoking shall be prohibited in any indoor portion of a Federal building. (b) Enforcement.-- (1) Executive branch buildings.--The Administrator of General Services shall issue regulations, and take such other actions as may be necessary, to institute and enforce the prohibition contained in subsection (a) as such prohibition applies to Federal buildings owned or leased for use by an Executive Agency. (2) Judicial branch buildings.--The Director of the Administrative Office of the United States Courts shall take such actions as may be necessary to institute and enforce the prohibition contained in subsection (a) as such prohibition applies to Federal buildings owned or leased for use by an establishment in the judicial branch of the Government. (3) Legislative branch buildings.-- (A) House of representatives.--The House Office Building Commission shall take such actions as may be necessary to institute and enforce the prohibition contained in subsection (a) as such prohibition applies to Federal buildings owned or leased for use by the House of Representatives. (B) Senate.--The Committee on Rules and Administration of the Senate shall take such actions as may be necessary to institute and enforce the prohibition contained in subsection (a) as such prohibition applies to Federal buildings owned or leased for use by the Senate. (C) Other establishments.--The Architect of the Capitol shall take such actions as may be necessary to institute and enforce the prohibition contained in subsection (a) as such prohibition applies to Federal buildings owned or leased for use by an establishment in the legislative branch of the Government (other than the House of Representatives and the Senate). SEC. 4. PREEMPTION. Nothing in this Act is intended to preempt any provision of law of a State or political subdivision of a State that is more restrictive than a provision of this Act. SEC. 5. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Executive agency.--The term ``Executive agency'' has the same meaning such term has under section 105 of title 5, United States Code. (2) Federal agency.--The term ``Federal agency'' means any Executive agency and any establishment in the legislative or judicial branches of the Government. (3) Federal building.--The term ``Federal building'' means any building or other structure (or portion thereof) owned or leased for use by a Federal agency; except that such term does not include any building or other structure on a military installation, any health care facility under the jurisdiction of the Secretary of Veterans Affairs, or any area of a building that is used primarily as living quarters. (4) Military installation.--The term ``military installation'' means a base, camp, post, station, yard, center, homeport facility for any ship, or other facility under the jurisdiction of the Department of Defense, including any leased facility. Such term does not include any facility used primarily for civil works (including any rivers and harbors project or flood control project).

Ban on Smoking in Federal Buildings Act - Prohibits smoking in any indoor portion of a Federal building.

{"src": "billsum_train", "title": "Ban on Smoking in Federal Buildings Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Video Programming Consumer Privacy Protection Act of 2003''. SEC. 2. FINDINGS. The Congress finds the following: (1) The personal privacy of Americans in the digital age is of increasing concern to consumers and public policy must strive to keep up with changes in technology. (2) The cable television industry has long provided video programming to millions of consumers over cable systems capable of collecting personal information about a subscriber's viewing habits. (3) Congress recognized the growing threat to personal privacy posed by the emerging cable system-based technology and in 1984 enacted privacy protections contained in section 631 of the Communications Act of 1934 (47 U.S.C. 551), to safeguard the personal privacy of American consumers when they utilize any service over a cable system. (4) Under these rules, cable television operators utilizing their cable facilities to offer television programming, pay- per-view services, or telecommunications services, such as broadband access to the Internet, must protect the personal privacy of subscribers and are prohibited from disclosing personal data without the prior written or electronic consent of subscribers. (5) In addition, the Video Privacy Protection Act (18 U.S.C. 2710) prohibits a video rental or sales outlet from disclosing personal information regarding what video tapes a consumer rents or buys without the informed, written consent of the consumer. (6) Since these personal privacy protections were enacted by Congress, other technology has arrived that provides services to consumers that are similar to those provided by cable operators and video rental outlets. (7) For example, direct broadcast satellite providers (``DBS providers''), such as DirecTV and Echostar, now boast 20 million subscribers nationwide and these satellite-based services compete with cable operators on the array of services that cable operators typically offer. (8) In addition, over 1 million consumers now subscribe to fast-growing digital video recording services, such as those provided by companies such as Tivo and Replay TV, which, like cable operators and DBS providers, possess the ability to gather information from consumers about a consumer's use of the system, including an individual consumer's television viewing habits. (9) While DBS providers and providers of digital video recording services offer consumers services similar to those offered by cable operators over cable systems, competitors utilizing these technologies do not currently have to comply with the privacy protections in section 631 because such provisions apply only to cable operators. (10) Consistent with the policy endorsed by Congress in enacting the Telecommunications Act of 1996 of regulating entities based upon the service which is provided rather than the technology used to deliver that service, the public interest compels that privacy protections for consumers should be consistently applied irrespective of who the provider is, or what technology they employ to deliver services to consumers. (11) While DBS providers and providers of digital video recording services have not announced plans to or record the personal viewing habits or gather other personal data from a consumer's use of their services, the public interest would be served by requiring comparable privacy protections for American consumers. SEC. 3. PRIVACY REQUIREMENTS. Title VII of the Communications Act of 1934 is amended by adding at the end the following new section: ``SEC. 715. PRIVACY REQUIREMENTS FOR VENDORS OF MULTICHANNEL SERVICES. ``(a) Definitions.--For purposes of this section: ``(1) Multichannel services vendor.--The term `multichannel services vendor' means-- ``(A) a multichannel video programming distributor, as such term is defined in section 602; and ``(B) a person that has access to information concerning the video programming that a customer views, displays, or records through the provision of video programming, recording services, navigation devices, software, or programming guides, interactive communications equipment, or other equipment used by consumers to access multichannel video programming or other services offered over multichannel service systems or the Internet; except that such term does not include a cable operator to the extent that the cable operator is subject to section 631. ``(2) Multichannel services.--The term `multichannel services' means a video programming service or other service provided to consumers, including services that enable consumers to navigate, record, or replay video services, except that such term does not include cable service to the extent that the cable operator providing such service is subject to section 631. ``(3) Personally identifiable information.--The term `personally identifiable information' does not include any record of aggregate data which does not identify particular persons. ``(4) Other service.--The term `other service' includes any wire or radio communications service provided using any of the facilities of a multichannel services vendor that are used in the provision of multichannel services. ``(b) Notice Obligation.--At the time of entering into an agreement to provide any multichannel service or other service to a subscriber and at least once a year thereafter, a multichannel service vendor shall provide notice in the form of a separate, written statement to such subscriber which clearly and conspicuously informs the subscriber of-- ``(A) the nature of personally identifiable information collected or to be collected with respect to the subscriber and the nature of the use of such information; ``(B) the nature, frequency, and purpose of any disclosure which may be made of such information, including an identification of the types of persons to whom the disclosure may be made; ``(C) the period during which such information will be maintained by the multichannel service vendor; ``(D) the times and place at which the subscriber may have access to such information in accordance with subsection (e); and ``(E) the limitations provided by this section with respect to the collection and disclosure of information by a multichannel service vendor and the right of the subscriber under subsections (g) and (i) to enforce such limitations. In the case of subscribers who have entered into such an agreement before the effective date of this section, such notice shall be provided within 180 days of such date and at least once a year thereafter. ``(c) Restrictions on Use.-- ``(1) Use prohibited without consent.--Except as provided in paragraph (2), a multichannel service vendor shall not use its provision of multichannel services to collect personally identifiable information concerning any subscriber without the prior written or electronic consent of the subscriber concerned. ``(2) Exceptions.--A multichannel service vendor may use its provision of multichannel services to collect such information in order to-- ``(A) obtain information necessary to render a multichannel service or other service provided by the multichannel service vendor to the subscriber; or ``(B) detect unauthorized reception of multichannel service. ``(d) Restrictions on Disclosure.-- ``(1) Disclosure prohibited without consent.--Except as provided in paragraph (2), a multichannel service vendor shall not disclose personally identifiable information concerning any subscriber without the prior written or electronic consent of the subscriber concerned and shall take such actions as are necessary to prevent unauthorized access to such information by a person other than the subscriber or multichannel service vendor. ``(2) Exceptions.--A multichannel service vendor may disclose such information if the disclosure is-- ``(A) necessary to render, or conduct a legitimate business activity related to, a multichannel service or other service provided by the multichannel service vendor to the subscriber; ``(B) subject to subsection (i), made pursuant to a court order authorizing such disclosure, if the subscriber is notified of such order by the person to whom the order is directed; ``(C) a disclosure of the names and addresses of subscribers to any multichannel service or other service, if-- ``(i) the multichannel service vendor has provided the subscriber the opportunity to prohibit or limit such disclosure; and ``(ii) the disclosure does not reveal, directly or indirectly, the-- ``(I) extent of any viewing or other use by the subscriber of a multichannel services or other service provided by the multichannel service vendor; or ``(II) the nature of any transaction made by the subscriber of the multichannel service vendor; or ``(D) to a government entity as authorized under chapter 119, 121, or 206 of title 18, United States Code, except that such disclosure shall not include records revealing multichannel service subscriber selection of video programming from a multichannel service vendor. ``(e) Access by Subscriber to Information.--A multichannel service subscriber shall be provided access to all personally identifiable information regarding that subscriber which is collected and maintained by a multichannel service vendor. Such information shall be made available to the subscriber at reasonable times and at a convenient place designated by such multichannel service vendor. A multichannel service subscriber shall be provided reasonable opportunity to correct any error in such information. ``(f) Destruction of Information.--A multichannel service vendor shall destroy personally identifiable information if the information is no longer necessary for the purpose for which it was collected and there are no pending requests or orders for access to such information under subsection (e) or pursuant to a court order. ``(g) Remedies.-- ``(1) Civil actions.--Any person aggrieved by any act of a multichannel service vendor in violation of this section may bring a civil action in a United States district court. ``(2) Actual and punitive damages; fees and costs.--The court may award-- ``(A) actual damages but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is higher; ``(B) punitive damages; and ``(C) reasonable attorneys' fees and other litigation costs reasonably incurred. ``(3) Remedies not exclusive.--The remedy provided by this section shall be in addition to any other lawful remedy available to a multichannel service subscriber. ``(h) Preservation of State Authority.--Nothing in this title shall be construed to prohibit any State from enacting or enforcing laws consistent with this section for the protection of subscriber privacy. ``(i) Basis for Court Orders.--Except as provided in subsection (d)(2)(D), a governmental entity may obtain personally identifiable information concerning a multichannel service subscriber pursuant to a court order only if, in the court proceeding relevant to such court order-- ``(1) such entity offers clear and convincing evidence that the subject of the information is reasonably suspected of engaging in criminal activity and that the information sought would be material evidence in the case; and ``(2) the subject of the information is afforded the opportunity to appear and contest such entity's claim.''.

Video Programming Consumer Privacy Protection Act of 2003 - Amends the Communications Act of 1934 to require a multichannel service vendor (a multichannel video programming distributor or person that has access to video programming viewing information) (vendor), at the time of entering into a service agreement with a subscriber and at least once a year thereafter, to provide written notice to such subscriber concerning: (1) the nature of personally identifiable information (information) collected with respect to the subscriber; (2) the nature of any disclosure of such information; (3) the period during which such information will be maintained by the vendor; (4) the time and place at which the subscriber may have access to such information; and (5) limitations with regard to the vendor collection and disclosure of such information and the right of the subscriber to enforce such limitations. Prohibits any vendor from collecting or disclosing such information without the prior written or electronic consent of the subscriber, with certain business-related exceptions. Requires a vendor to provide subscriber access to all collected information, and to destroy information no longer necessary. Provides civil remedies for violations, including actual and punitive damages.

{"src": "billsum_train", "title": "To amend the Communications Act of 1934 to require vendors of multichannel services to protect the privacy of their customers, and for other purposes."}

SECTION 1. DEPARTMENT OF DEFENSE EFFORTS TO PLACE SEPARATED MEMBERS OF THE ARMED FORCES IN EMPLOYMENT POSITIONS WITH LAW ENFORCEMENT AGENCIES AND HEALTH CARE PROVIDERS. (a) Placement Program With Law Enforcement Agencies.--Chapter 58 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1152. Assistance to separated members to obtain employment with law enforcement agencies ``(a) Placement Program.--The Secretary of Defense shall establish a program to assist eligible members of the Armed Forces to obtain employment by State and local law enforcement agencies upon their discharge or release from active duty. ``(b) Eligible Members.--(1) Except as provided in paragraph (2), a member of the Armed Forces may apply to participate in the program established under subsection (a) if the member-- ``(A) is selected for involuntary separation, is approved for separation under section 1174a or 1175 of this title, or is given early retirement under section 4403 of the National Defense Authorization Act for Fiscal Year 1993 during the four- year period beginning on October 1, 1993; ``(B) has a military occupational specialty, training, or experience related to law enforcement, such as service as a member of the military police; and ``(C) satisfies such other criteria for selection as the Secretary of Defense may prescribe. ``(2) A member who is discharged or released from service under other than honorable conditions shall not be eligible to participate in the program. ``(c) Selection of Participants.--(1) The Secretary of Defense shall select members to participate in the program established under subsection (a) on the basis of applications submitted to the Secretary before the date of the discharge or release of the members from active duty. An application shall be in such form and contain such information as the Secretary may require. ``(2) The Secretary may not select a member to participate in the program unless the Secretary has sufficient appropriations for the placement program available at the time of the selection to satisfy the obligations to be incurred by the United States under subsection (d) with respect to that member. ``(d) Grants to Facilitate Employment.--(1) The Secretary of Defense shall enter into agreements with State and local law enforcement agencies to assist eligible members selected under subsection (c) to obtain suitable employment with these agencies. Under the agreement, the law enforcement agency shall agree to employ a separated member selected for the program on a full-time basis for at least a two-year period. ``(2) Under an agreement referred to in paragraph (1), the Secretary shall agree to pay to the law enforcement agency involved an amount equal to the lesser of-- ``(A) the basic salary to be paid to the separated member during the required two-year period of employment; and ``(B) $50,000. ``(3) Payments required under paragraph (2) may be made by the Secretary in such installments as the Secretary may determine. ``(4) If a separated member who is placed under this program leaves the employment of the law enforcement agency before the end of the two years of required employment service, the agency shall reimburse the Secretary in an amount that bears the same ratio to the total amount already paid under the agreement as the unserved portion bears to the two years of required service. ``(5) The Secretary may not make a grant under this subsection to a law enforcement agency if the Secretary determines that the law enforcement agency terminated the employment of another employee in order to fill the vacancy so created with a separated member under this program.''. (b) Placement Program With Health Care Providers.--Chapter 58 of title 10, United States Code, is amended by adding after section 1152, as added by subsection (a), the following new section: ``Sec. 1153. Assistance to separated members to obtain employment with health care providers ``(a) Placement Program.--The Secretary of Defense shall establish a program to assist eligible members of the armed forces to obtain employment by health care providers upon their discharge or release from active duty. ``(b) Eligible Members.--(1) Except as provided in paragraph (2), a member shall be eligible for selection by the Secretary of Defense to participate in the program established under subsection (a) if the member-- ``(A) is selected for involuntary separation, is approved for separation under section 1174a or 1175 of this title, or is given early retirement under section 4403 of the National Defense Authorization Act for Fiscal Year 1993 during the four- year period beginning on October 1, 1993; ``(B) has received an associate degree, baccalaureate, or advanced degree from an accredited institution of higher education or a junior or community college; ``(C) has a military occupational specialty, training, or experience related to health care or is likely to be able to obtain such training in a short period of time, as determined by the Secretary; and ``(D) satisfies such other criteria for selection as the Secretary may prescribe. ``(2) A member who is discharged or released from service under other than honorable conditions shall not be eligible to participate in the program. ``(c) Selection of Participants.--(1) The Secretary of Defense shall select members to participate in the program established under subsection (a) on the basis of applications submitted to the Secretary before the date of the discharge or release of the members from active duty. An application shall be in such form and contain such information as the Secretary may require. ``(2) The Secretary may not select a member to participate in the program unless the Secretary has sufficient appropriations for the placement program available at the time of the selection to satisfy the obligations to be incurred by the United States under subsections (d) with respect to that member. ``(d) Grants to Facilitate Employment.--(1) The Secretary of Defense shall enter into an agreement with a health care provider to assist eligible members selected under subsection (c) to obtain suitable employment with the health care provider. Under the agreement, the provider shall agree to employ a separated member selected for the program on a full-time basis for at least a two-year period. ``(2) Under an agreement referred to in paragraph (1), the Secretary shall agree to pay to the health care provider involved an amount equal to the lesser of-- ``(A) the basic salary to be paid to the separated member during the required two-year period of employment; and ``(B) $50,000. ``(3) Payments required under paragraph (2) may be made by the Secretary in such installments as the Secretary may determine. ``(4) If a separated member who is placed under this program leaves the employment of the health care provider before the end of the two years of required employment service, the provider shall reimburse the Secretary in an amount that bears the same ratio to the total amount already paid under the agreement as the unserved portion bears to the two years of required service. ``(5) The Secretary may not make a grant under this subsection to a health care provider if the Secretary determines that the provider terminated the employment of another employee in order to fill the vacancy so created with a separated member under this program.''. (c) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new items: ``1152. Assistance to separated members to obtain employment with law enforcement agencies. ``1153. Assistance to separated members to obtain employment with health care providers.''.

Directs the Secretary of Defense to establish a program to assist eligible members of the armed forces to obtain employment by State or local law enforcement agencies or by health care providers upon discharge or release from active duty. Makes eligible for such assistance members: (1) selected for involuntary separation, separated under a special separation benefits program, or given early retirement during a four-year period beginning on October 1, 1993; (2) having certain educational degrees or certification; and (3) having a military occupational specialty, training, or experience related to law enforcement or health care. Provides for the making of grants to law enforcement agencies and health care providers in order to facilitate such employment.

{"src": "billsum_train", "title": "To amend title 10, United States Code, to assist members of the Armed Forces who are discharged or released from active duty to obtain employment with law enforcement agencies and health care providers."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Executive Service Accountability Act''. SEC. 2. BIENNIAL JUSTIFICATION OF POSITIONS. Section 3133(a)(2) of title 5, United States Code, is amended by inserting after ``positions'' the following: ``, with a justification for each position (by title and organizational location) and the specific result expected from each position, including the impact of such result on the agency mission,''. SEC. 3. EXTENSION OF PROBATIONARY PERIOD. (a) In General.--Section 3393(d) of title 5, United States Code, is amended by striking ``1-year'' and inserting ``2-year''. (b) Conforming Amendment.--Section 3592(a)(1) of such title is amended by striking ``1-year'' and inserting ``2-year''. SEC. 4. MODIFICATION OF PAY RETENTION FOR SENIOR EXECUTIVE SERVICE MEMBERS REMOVED FOR UNDER PERFORMANCE. Section 3594(c)(1)(B) of title 5, United States Code, is amended to read as follows: ``(B)(i) any career appointee placed under subsection (a) or (b)(2) of this section shall be entitled to receive basic pay at the highest of-- ``(I) the rate of basic pay in effect for the position in which placed; ``(II) the rate of basic pay in effect at the time of the placement for the position the career appointee held in the civil service immediately before being appointed to the Senior Executive Service; or ``(III) the rate of basic pay in effect for the career appointee immediately before being placed under subsection (a) or (b) of this section; and ``(ii) any career appointee placed under subsection (b)(1) of this section shall be entitled to receive basic pay at the rate of basic pay in effect for the position in which placed; and''. SEC. 5. REQUIREMENT THAT PERFORMANCE REQUIREMENTS BE ESTABLISHED IN ADVANCE. Section 4312(b)(1) of title 5, United States Code, is amended-- (1) by striking ``on or'' and inserting ``not later than 30 calendar days''; and (2) by inserting ``in writing'' after ``communicated''. SEC. 6. AMENDMENTS TO ADVERSE ACTION PROVISIONS WITH RESPECT TO CAREER APPOINTEES IN THE SENIOR EXECUTIVE SERVICE. (a) Suspension for 14 Days or Less for Senior Executive Service Employee.--Paragraph (1) of Section 7501 of title 5, United States Code, is amended to read as follows: ``(1) `employee' means-- ``(A) an individual in the competitive service who is not serving a probationary period or trial period under an initial appointment or who has completed 1 year of current continuous employment in the same or similar positions under other than a temporary appointment limited to 1 year or less; or ``(B) a career appointee in the Senior Executive Service who-- ``(i) has completed the probationary period prescribed under section 3393(d); or ``(ii) was covered by the provisions of subchapter II of this chapter immediately before appointment to the Senior Executive Service; and''. (b) Modification of Cause and Procedure for Suspension and Termination.-- (1) In general.--Section 7543 of title 5, United States Code, is amended-- (A) in subsection (a), by striking ``misconduct,'' and inserting ``such cause as would promote the efficiency of the service, misconduct,''; (B) in subsection (b)(4), by adding at the end before the period the following: ``, but no later than 30 days after the date that the employee's answer was received under paragraph (2)''; (C) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; (D) by inserting after subsection (b) the following: ``(c) An agency head may extend the deadline for an employee to answer under subsection (b)(2) or the deadline for the agency to issue a written decision under subsection (b)(4) for no more than 30 days each. Any extension by the agency head under this subsection must be in writing and document the reasons for granting the extension.''; and (E) by adding at the end the following: ``(g)(1) With respect to an employee subject to removal under this subchapter, if a final order or decision is issued in favor of the agency by the agency, the Merit Systems Protection Board, or the applicable reviewing court under section 7703, the employee-- ``(A) shall pay to the agency an amount equal to any pay received by the employee during the period beginning on the date that the employee received notice under subsection (b)(1) and ending on the date of such final order or decision; and ``(B) have removed from such employee's credit any annual leave accrued during such period. ``(2) Paragraph (1) shall apply only to an employee who, during the period described in paragraph (1)(A), is placed on administrative leave or any other type of leave whereby the employee is in a status without duties but with pay.''. (2) Conforming amendments.--Subchapter V of chapter 35 of title 5, United States Code, is amended-- (A) in section 3593-- (i) in subsection (a)(2), by striking ``misconduct,'' and inserting ``such cause as would promote the efficiency of the service, misconduct,''; and (ii) in subsection (b), by striking ``misconduct,'' and inserting ``such cause as would promote the efficiency of the service, misconduct,''; and (B) in section 3594(a), by striking ``misconduct,'' and inserting ``such cause as would promote the efficiency of the service, misconduct,''. Passed the House of Representatives September 16, 2014. Attest: KAREN L. HAAS, Clerk.

Senior Executive Service Accountability Act - (Sec. 2) Requires each federal agency to include in its biennial report to the Office of Personnel Management (OPM) for a specific number of Senior Executive Service (SES) positions a justification for each position (by title and organizational location) and the specific result expected from each such position, including the impact of such result on the agency mission. (Sec. 3) Extends from one year to two years the probationary period for SES employees. (Sec. 4) Eliminates the authority for allowing an individual removed from the SES for a less than fully successful executive performance to retain an SES pay grade level if appointed to a civil service position. (Sec. 5) Requires a written description of employee performance requirements to be provided to SES employees not later than 30 calendar days before each rating period. (Sec. 6) Makes SES employees subject to the same 14-day (or less) suspension period, without duties and pay, as is applicable to other federal employees. Expands the grounds for suspension or termination of an SES employee to include such cause as would promote the efficiency of the SES. Requires: (1) a written decision of an adverse action to be rendered not later than 30 days after the employee's answer to such action is received, and (2) any SES employee who is terminated from service to repay any salary received and forfeit any annual leave accumulated during the period of any adverse action leading to termination.

{"src": "billsum_train", "title": "Senior Executive Service Accountability Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Science Foundation Authorization Act of 2000''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. (a) Fiscal Year 2001.-- (1) In general.--There are authorized to be appropriated to the National Science Foundation $3,773,710,000 for fiscal year 2001. (2) Specific allocations.--Of the amount authorized under paragraph (1)-- (A) $2,813,500,000 shall be made available to carry out Research and Related Activities, of which-- (i) $480,560,000 shall be made available for Biological Sciences; (ii) $9,770,000 shall be made available for Computer and Information Science and Engineering; (iii) $403,650,000 shall be made available for Engineering; (iv) $549,730,000 shall be made available for Geosciences; (v) $807,200,000 shall be made available for Mathematical and Physical Sciences; (vi) $159,790,000 shall be made available for Social, Behavioral, and Economic Sciences; (vii) $220,970,000 shall be made available for United States Polar Research Programs; (viii) $62,600,000 shall be made available for United States Antarctic Logistical Support Activities; and (ix) $119,230,000 shall be made available for Integrative Activities; (B) $726,700,000 shall be made available for Education and Human Resources, of which $53,080,000 shall be for Graduate Research Fellowships; (C) $65,340,000 shall be made available for Major Research Equipment, of which-- (i) $17,440,000 shall be made available for the EarthScope; (ii) $16,400,000 shall be made available for the Large Hadron Collider; (iii) $6,000,000 shall be made available for Millimeter Array; (iv) $12,000,000 shall be made available for the National Ecological Observatory Network; and (v) $13,500,000 shall be made available for the South Pole Station; (D) $160,890,000 shall be made available for Salaries and Expenses, of which-- (i) $4,000,000 shall be made available for travel for Research and Related Activities; (ii) $310,000 shall be made available for travel for Education and Human Resources; (iii) $159,000 shall be made available for travel for Budget, Finance, and Award Management; (iv) $182,000 shall be made available for travel for Information and Resources Management; (v) $358,468 shall be made available for travel for the Office of the Director; and (vi) $1,075,000 shall be made available for ethics activities under section 6; and (E) $6,280,000 shall be made available for the Office of Inspector General. (3) Travel limitation.--None of the funds authorized by this subsection may be used for travel expenses except as provided in paragraph (2)(D)(i) through (v). None of the funds authorized by clauses (i) through (iv) of paragraph (2)(D) may be used for travel expenses for personnel in the Office of the Director. (b) Fiscal Year 2002.-- (1) In general.--There are authorized to be appropriated to the National Science Foundation $3,887,291,000 for fiscal year 2002. (2) Specific allocations.--Of the amount authorized under paragraph (1)-- (A) $2,880,683,000 shall be made available to carry out Research and Related Activities, of which-- (i) $492,035,000 shall be made available for Biological Sciences; (ii) $10,003,000 shall be made available for Computer and Information Science and Engineering; (iii) $413,289,000 shall be made available for Engineering; (iv) $562,857,000 shall be made available for Geosciences; (v) $826,475,000 shall be made available for Mathematical and Physical Sciences; (vi) $163,606,000 shall be made available for Social, Behavioral, and Economic Sciences; (vii) $226,246,000 shall be made available for United States Polar Research Programs; (viii) $64,095,000 shall be made available for United States Antarctic Logistical Support Activities; and (ix) $122,077,000 shall be made available for Integrative Activities; (B) $744,422,000 shall be made available for Education and Human Resources, of which $54,400,000 shall be for Graduate Research Fellowships; (C) $90,000,000 shall be made available for Major Research Equipment, of which-- (i) $28,460,000 shall be made available for the EarthScope; (ii) $16,900,000 shall be made available for the Large Hadron Collider; and (iii) $20,000,000 shall be made available for the National Ecological Observatory Network; (D) $165,756,000 shall be made available for Salaries and Expenses, of which-- (i) $4,095,200 shall be made available for travel for Research and Related Activities; (ii) $317,400 shall be made available for travel for Education and Human Resources; (iii) $162,800 shall be made available for travel for Budget, Finance, and Award Management; (iv) $186,400 shall be made available for travel for Information and Resources Management; (v) $370,000 shall be made available for travel for the Office of the Director; and (vi) $1,075,000 shall be made available for ethics activities under section 6; and (E) $6,430,000 shall be made available for the Office of Inspector General. (3) Travel limitation.--None of the funds authorized by this subsection may be used for travel expenses except as provided in paragraph (2)(D)(i) through (v). None of the funds authorized by clauses (i) through (iv) of paragraph (2)(D) may be used for travel expenses for personnel in the Office of the Director. (c) Fiscal Year 2003.-- (1) In general.--There are authorized to be appropriated to the National Science Foundation $4,003,909,000 for fiscal year 2003. (2) Specific allocations.--Of the amount authorized under paragraph (1)-- (A) $2,967,103,000 shall be made available to carry out Research and Related Activities; (B) $766,755,000 shall be made available to carry out Education and Human Resources; (C) $92,700,000 shall be made available for Major Research Equipment, of which-- (i) $15,740,000 shall be made available for the EarthScope; (ii) $9,700,000 shall be made available for the Large Hadron Collider; and (iii) $27,000,000 shall be made available for the National Ecological Observatory Network; (D) $170,728,000 shall be made available for Salaries and Expenses; and (E) $6,623,000 shall be made available for the Office of Inspector General. (d) Fiscal Year 2004.-- (1) In general.--There are authorized to be appropriated to the National Science Foundation $4,124,027,000 for fiscal year 2004. (2) Specific allocations.--Of the amount authorized under paragraph (1)-- (A) $3,056,116,000 shall be made available to carry out Research and Related Activities; (B) $789,757,000 shall be made available to carry out Education and Human Resources; (C) $95,481,000 shall be made available for Major Research Equipment, of which-- (i) $13,170,000 shall be made available for the EarthScope; and (ii) $20,000,000 shall be made available for the National Ecological Observatory Network; (D) $175,850,000 shall be made available for Salaries and Expenses; and (E) $6,822,000 shall be made available for the Office of Inspector General. (e) Limitation.--Funds made available pursuant to subsections (a) and (b) shall not be used to employ more than 75 full-time equivalent positions in the Office of the Director for either fiscal year 2001 or 2002. SEC. 3. PLANT GENOMICS. (a) Plant Genome and Gene Expression Research and Development Centers.--The National Science Foundation is authorized to make grants for the establishment of regional plant genome and gene expression research and development centers, the purpose of which shall be to-- (1) develop capabilities in basic plant genome research; (2) extend basic plant genomics research through plant breeding programs and accelerate its application to crop improvement, particularly the development and testing of new varieties of enhanced food crops; and (3) serve as centers for scientific and safety information on plant genomics. (b) Grant Awards.--Grant awards under this section shall be made through an open, peer-reviewed competition. When making awards, the National Science Foundation shall ensure that as many different agronomic environments as possible are represented. (c) Matching Funds.--The National Science Foundation shall not provide under this section more than 50 percent of the cost of establishing any research and development center. (d) Availability of Funds.--The National Science Foundation may use up to-- (1) $3,000,000 of the funds authorized by section 2(a)(2)(A)(i) for fiscal year 2001; (2) $3,000,000 of the funds authorized by section 2(b)(2)(A)(i) for fiscal year 2002; (3) $4,500,000 of the funds authorized by section 2(c)(2)(A) for fiscal year 2003; and (4) $4,500,000 of the funds authorized by section 2(d)(2)(A) for fiscal year 2004, to carry out this section. SEC. 4. RESEARCH ON LEARNING. (a) Research on Learning.-- (1) In general.--The National Science Foundation shall make grant awards to support research on learning focusing on the following 4 areas: (A) Brain research as a foundation for research on human learning. (B) Behavioral, cognitive, affective, and social aspects of human learning. (C) Science, mathematics, engineering, and technological learning in formal and informal educational settings. (D) Learning in complex educational systems. The goals of this research shall be to integrate scientific disciplines into research on learning, to gain a better understanding of how research and educational practice can be reconciled, and to test, evaluate, and refine hypotheses across disciplines. (2) Availability of funds.--Of the amounts authorized under section 2(a)(1), (b)(1), (c)(1), and (d)(1), $25,000,000 for fiscal year 2001, $29,000,000 for fiscal year 2002, $33,000,000 for fiscal year 2003, and $37,000,000 for fiscal year 2004 shall be available for carrying out this subsection. (b) Establishment of Research on Learning Centers.-- (1) Establishment.--The National Science Foundation shall make grants for the establishment of centers of research on learning. The purpose of these centers shall be to bring together multidisciplinary teams of researchers to support the research goals described in subsection (a)(1). Grant awards under this subsection shall be made through an open, peer- reviewed competition. (2) Availability of funds.--Of the amounts authorized under section 2(a)(1), (b)(1), (c)(1), and (d)(1), $6,000,000 for fiscal year 2001, $6,000,000 for fiscal year 2002, $9,000,000 for fiscal year 2003, and $9,000,000 for fiscal year 2004 shall be available for carrying out this subsection. (c) Interagency Education Research Initiative.-- (1) Participation.--The National Science Foundation is authorized to participate in the Interagency Education Research Initiative. (2) Availability of funds.--Of the amounts authorized under section 2(a)(1), (b)(1), (c)(1), and (d)(1), $25,000,000 for fiscal year 2001, $28,000,000 for fiscal year 2002, $31,000,000 for fiscal year 2003, and $34,000,000 for fiscal year 2004 shall be available for carrying out this subsection. (d) Research on Learning Conference.--Within 6 months after the date of the enactment of this Act, the National Science Foundation shall sponsor a conference on human learning and education research, the goal of which shall be to bring together researchers from many disciplines, including the physical sciences, neurological sciences, social sciences, and education practitioners. The purposes of that conference shall be to review past research on learning, assess current research efforts, and develop recommendations to address outstanding research issues and to disseminate research results to education practitioners. SEC. 5. INTERGOVERNMENTAL PERSONNEL ACT ASSIGNEES. The National Science Foundation shall not, after the date of the enactment of this Act, enter into an arrangement under the Intergovernmental Personnel Act of 1970 for the detail of any of its employees to locations other than National Science Foundation facilities. SEC. 6. ETHICS PROGRAM. (a) Establishment.--The Director of the National Science Foundation shall establish a program providing for-- (1) an external review of the ethics rules and procedures of the National Science Foundation; (2) after completion of the external review under paragraph (1), a revision of those rules and procedures as appropriate; and (3) training of all National Science Foundation employees on the ethics rules and procedures as revised under paragraph (2). (b) Reports to Congress.--The Director of the National Science Foundation shall report to the Committee on Science of the House of Representatives, and to the Committee on Health, Education, Labor, and Pensions and the Committee on Commerce, Science, and Transportation of the Senate, at least once every 6 months on-- (1) the number of National Science Foundation employees trained pursuant to subsection (a)(3); and (2) the number and type of ethics violations determined under the rules and procedures of the National Science Foundation to have occurred, along with a description of the resolution thereof. SEC. 7. TECHNICAL AMENDMENTS. The National Science Foundation Act of 1950 is amended-- (1) in section 3(b) (42 U.S.C. 1862(b)), by striking ``including the Office of Technology Assessment,'' (2) in section 5(e)(2) (42 U.S.C. 1864(e)(2)), by striking ``Labor and Human Resources'' and inserting ``Health, Education, Labor, and Pensions''; and (3) in section 13(a) (42 U.S.C. 1872(a)), by striking ``or the affidavit of allegiance to the United States required by section 15(d)(2) of this Act''. SEC. 8. REPORTS ELIMINATION. Section 3003(a)(1) of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note) does not apply to any report required to be submitted under any of the following provisions of law: (1) Section 4(j)(1) of the National Science Foundation Act of 1950 (42 U.S.C. 1863(j)(1)). (2) Section 36(f) of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885c(f)). (3) Section 37 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885d). (4) Section 108 of the National Science Foundation Authorization Act for Fiscal Year 1986 (42 U.S.C. 1886). (5) Section 101(a)(3) of the High-Performance Computing Act of 1991 (15 U.S.C. 5511(a)(3)). (6) Section 3(a)(7) and (f) of the National Science Foundation Act of 1950 (42 U.S.C. 1862(a)(7) and (f)). (7) Section 7(a) of the National Science Foundation Authorization Act, 1977 (42 U.S.C. 1873 note).

(Sec. 3) Authorizes NSF to make grants for the establishment of regional plant genome and gene expression research and development centers to: (1) develop capabilities in basic plant genome research; (2) extend basic plant genomics research through plant breeding programs and accelerate its application to crop improvement; and (3) serve as centers for scientific and safety information on plant genomics. Prohibits NSF from providing funds for more than half of the cost of establishing any such research and development center. (Sec. 4) Directs NSF to make grant awards to support research on learning, focusing on: (1) brain research as a foundation for research on human learning; (2) behavioral, cognitive, affective, and social aspects of learning; (3) science, mathematics, engineering, and technological learning in formal and informal educational settings; and (4) learning in complex educational systems. Specifies the goals of such research to be to integrate scientific disciplines into research on learning, to gain a better understanding of how research and educational practice can be reconciled, and to test, evaluate, and refine hypotheses across disciplines. Requires NSF to make grants for the establishment of centers of research on learning to bring together multidisciplinary teams of researchers to support such research goals. Authorizes NSF to participate in the Interagency Education Research Initiative. Directs NSF to sponsor a conference on human learning and education research to bring together researchers from many disciplines, including the physical sciences, neurological sciences, social sciences, and education practitioners, to review past research on learning, assess current research efforts, and develop recommendations to address outstanding research issues and to disseminate research results to such practitioners. (Sec. 5) Prohibits NSF from entering into an arrangement under the Intergovernmental Personnel Act of 1970 for the detail of any of its employees to locations other than NSF facilities. (Sec. 6) Requires the Director of NSF to establish a program providing for: (1) an external review and appropriate revision of NSF ethics rules and procedures; and (2) training of all NSF employees on revised rules and procedures. Requires the Director to report to specified congressional committees at least once every six months on: (1) the number of NSF employees trained; and (2) the number and type of ethics violations determined to have occurred, along with a description of their resolution. (Sec. 8) Prohibits the application of the Federal Reports Elimination and Sunset Act of 1995 with respect to specified NSF reports.

{"src": "billsum_train", "title": "National Science Foundation Authorization Act of 2000"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Opioid Overdose Reduction Act of 2015''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Overdoses from opioids have increased dramatically in the United States. (2) Deaths from drug overdose, largely from prescription pain relievers, have tripled among men and increased fivefold among women over the past decade. (3) Nationwide, drug overdoses now claim more lives than car accidents. (4) Overdose deaths from heroin and other opioids can be prevented if the person who overdosed is timely administered an opioid overdose drug. (5) Medical personnel as well as non-medical personnel can be trained to administer opioid overdose drugs safely and effectively. (6) On April 13, 2014, the Food and Drug Administration approved a prescription opioid overdose drug hand held auto- injector for use by family members and caregivers to treat a person known or suspected to have had an opioid overdose. (7) Several States, including Massachusetts, have established programs allowing for the administration of opioid overdose drugs by non-medical personnel, and those programs have saved lives. (8) The willingness of medical and non-medical personnel to administer opioid overdose drugs may be deterred by potential civil liability, and the willingness of physicians to prescribe opioid overdose drugs to persons other than a patient may also be deterred by potential civil liability. (b) Purpose.--The purpose of this Act is to save the lives of people who intentionally or inadvertently overdose on heroin or other opioids by providing certain protections from civil liability with respect to the emergency administration of opioid overdose drugs. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``health care professional'' means a person licensed by a State to prescribe prescription drugs; (2) the term ``opioid overdose drug'' means a drug that, when administered, reverses in whole or part the pharmacological effects of an opioid overdose in the human body; and (3) the term ``opioid overdose program'' means a program operated by a local health department, community-based organization, substance abuse treatment organization, law enforcement agency, fire department, other first responder department, or voluntary association or a program funded by a Federal, State, or local government that works to prevent opioid overdoses by in part providing opioid overdose drugs and education to individuals at risk of experiencing an opioid overdose or to an individual in a position to assist another individual at risk of experiencing an opioid overdose. SEC. 4. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY. (a) Preemption.--Except as provided in subsection (b), this Act preempts the law of a State to the extent that such law is inconsistent with this Act, except that this Act shall not preempt any State law that provides additional protection from liability relating to the administration of opioid overdose drugs or that shields from liability any person who provides or administers opioid overdose drugs. (b) Election of State Regarding Nonapplicability.--Sections 5, 6, and 7 shall not apply to any civil action in a State court against a person who administers opioid overdose drugs if-- (1) all parties to the civil action are citizens of the State in which such action is brought; and (2) the State enacts legislation in accordance with State requirements for enacting legislation-- (A) citing the authority of this subsection; (B) declaring the election of the State that such sections 5, 6, and 7 shall not apply, as of a date certain, to any civil actions covered by this Act; and (C) containing no other provisions. SEC. 5. LIMITATION ON CIVIL LIABILITY FOR HEALTH CARE PROFESSIONALS WHO PROVIDE OPIOID OVERDOSE DRUGS. (a) Limitation on Liability.-- (1) In general.--Notwithstanding any other provision of law, a health care professional who prescribes or provides an opioid overdose drug to an individual at risk of experiencing an opioid overdose, or who prescribed or provided an opioid overdose drug to a family member, friend, or other individual in a position to assist an individual at risk of experiencing an opioid overdose, shall not be liable for harm caused by the use of the opioid overdose drug if the individual to whom such drug is prescribed or provided has been educated in accordance with paragraph (2) about opioid overdose prevention and treatment by the health care professional or as part of an opioid overdose program. (2) Education requirements.--For purposes of paragraph (1), an individual who has been educated in accordance with this paragraph shall have been trained on-- (A) when to administer the opioid overdose drug; (B) how to administer the opioid overdose drug; and (C) the steps that need to be taken after administration of the opioid overdose drug. (b) Exception.--Subsection (a) shall not apply to a health care professional if the harm was caused by the gross negligence or reckless misconduct of the health care professional. SEC. 6. LIMITATION ON CIVIL LIABILITY FOR INDIVIDUALS WORKING FOR OR VOLUNTEERING AT A STATE OR LOCAL AGENCY OPIOID OVERDOSE PROGRAM. (a) In General.--Notwithstanding any other provision of law, except as provided in subsection (b), no individual who provides an opioid overdose drug shall be liable for harm caused by the emergency administration of an opioid overdose drug by another individual if the individual who provides such drug-- (1) works for or volunteers at an opioid overdose program; and (2) provides the opioid overdose drug as part of the opioid overdose program to an individual authorized by the program to receive an opioid overdose drug. (b) Exception.--Subsection (a) shall not apply if the harm was caused by the gross negligence or reckless misconduct of the individual who provides the drug. SEC. 7. LIMITATION ON CIVIL LIABILITY FOR INDIVIDUALS WHO ADMINISTER OPIOID OVERDOSE DRUGS. (a) In General.--Notwithstanding any other provision of law, except as provided in subsection (b), no individual shall be liable for harm caused by the emergency administration of an opioid overdose drug to an individual who has or reasonably appears to have suffered an overdose from heroin or other opioid, if-- (1) the individual who administers the opioid overdose drug-- (A) obtained the drug from a health care professional or as part of an opioid overdose program; or (B) is doing so pursuant to a prescription for an opioid overdose drug under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or is licensed under section 351 of the Public Health Service Act (42 U.S.C. 262); and (2) was educated in accordance with section 5(a)(2) by the health care professional or an opioid overdose program. (b) Exception.--Subsection (a) shall not apply to an individual if the harm was caused by the gross negligence or reckless misconduct of the individual who administers the drug.

Opioid Overdose Reduction Act of 2015 This bill exempts individuals from liability for harm caused by the emergency administration of an opioid overdose drug under certain circumstances. (An opioid is a drug with effects similar to opium, such as heroin.) The individuals exempted from liability are: a health care professional who prescribes or provides an opioid overdose drug to an individual at risk of experiencing an opioid overdose or to another individual in a position to assist the individual, if the individual has been educated about opioid overdose prevention and treatment by the health care professional or as part of a government opioid overdose program; an individual who provides an opioid overdose drug for emergency administration to another individual authorized to receive it as part of an opioid overdose program; and an individual who administers an opioid overdose drug to another individual who appears to have suffered an opioid overdose if the individual obtained the drug from a health care professional or as part of an opioid overdose program and was educated by the professional or program in the proper administration of the drug. These exemptions are inapplicable if the harm was caused by gross negligence or reckless misconduct. States can preempt these exemptions by providing additional protections from liability for individuals that administer opioid overdose drugs, or by enacting legislation making the Act not applicable to state civil action involving only citizens from that state.

{"src": "billsum_train", "title": "Opioid Overdose Reduction Act of 2015"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Psychiatric Hospital Prospective Payment System Act of 1999''. SEC. 2. MEDICARE PROSPECTIVE PAYMENT SYSTEM FOR PSYCHIATRIC FACILITIES. (a) Establishment of Prospective Payment System.--Section 1886 of the Social Security Act (42 U.S.C. 1395ww) is amended by adding at the end the following: ``(l) Prospective Payment System for Inpatient Psychiatric Services.-- ``(1) Amount of payment.-- ``(A) During transition period.--Notwithstanding section 1814(b), but subject to the provisions of section 1813, the amount of payment with respect to the operating and capital-related costs of inpatient hospital services of a psychiatric facility (as defined in paragraph (7)(C)) for each day of services furnished in a cost reporting period beginning on or after October 1, 2000, and before October 1, 2003, is equal to the sum of-- ``(i) the TEFRA percentage (as defined in paragraph (7)(D)) of the facility-specific per diem rate (determined under paragraph (2)); and ``(ii) the PPS percentage (as defined in paragraph (7)(B)) of the applicable Federal per diem rate (determined under paragraph (3)). ``(B) Under fully implemented system.-- Notwithstanding section 1814(b), but subject to the provisions of section 1813, the amount of payment with respect to the operating and capital-related costs of inpatient hospital services of a psychiatric facility for each day of services furnished in a cost reporting period beginning on or after October 1, 2003, is equal to the applicable Federal per diem rate determined under paragraph (3) for the facility for the fiscal year in which the day of services occurs. ``(C) New facilities.--In the case of a psychiatric facility that does not have a base fiscal year (as defined in paragraph (7)(A)), payment for the operating and capital-related costs of inpatient hospital services shall be made under this subsection using the applicable Federal per diem rate. ``(2) Determination of facility-specific per diem rates.-- ``(A) Base year.--The Secretary shall determine, on a per diem basis, the allowable operating and capital- related costs of inpatient hospital services for each psychiatric facility for its cost reporting period (if any) beginning in the base fiscal year (as defined in paragraph (7)(A)), such costs determined as if subsection (b)(8) did not apply. ``(B) Updating.--The Secretary shall update the amount determined under subparagraph (A) for each cost reporting period after the cost reporting period beginning in the base fiscal year and before October 1, 2003, by a factor equal to the market basket percentage increase. ``(3) Determination of the federal per diem rate.-- ``(A) Base year.--The Secretary shall determine, on a per diem basis, the allowable operating and capital- related costs of inpatient hospital services for each psychiatric facility for its cost reporting period (if any) beginning in the base fiscal year (as defined in paragraph (7)(A)), such costs determined as if subsection (b)(8) did not apply. ``(B) Updating to first fiscal year.--The Secretary shall update the amount determined under subparagraph (A) for each cost reporting period up to the first cost reporting period to which this subsection applies by a factor equal to the market basket percentage increase. ``(C) Computation of standardized per diem rate.-- The Secretary shall standardize the amount determined under subparagraph (B) for each facility by-- ``(i) adjusting for variations among facilities by area in the average facility wage level per diem; and ``(ii) adjusting for variations in case mix per diem among facilities (based on the patient classification system established by the Secretary under paragraph (4)). ``(D) Computation of weighted average per diem rates.-- ``(i) Separate rates for urban and rural areas.--Based on the standardized amounts determined under subparagraph (C) for each facility, the Secretary shall compute a separate weighted average per diem rate-- ``(I) for all psychiatric facilities located in an urban area (as defined in subsection (d)(2)(D)); and ``(II) for all psychiatric facilities located in a rural area (as defined in subsection (d)(2)(D)). ``(ii) For hospitals and units.--Subject to paragraph (7)(C), in the areas referred to in clause (i) the Secretary may compute a separate weighted average per diem rate for-- ``(I) psychiatric hospitals; and ``(II) psychiatric units described in the matter following clause (v) of subsection (d)(1)(B). If the Secretary establishes separate average weighted per diem rates under this clause, the Secretary shall also establish separate average per diem rates for facilities in such categories that are owned and operated by an agency or instrumentality of Federal, State, or local government and for facilities other than such facilities. ``(iii) Weighted average.--In computing the weighted averages under clauses (i) and (ii), the standardized per diem amount for each facility shall be weighted for each facility by the number of days of inpatient hospital services furnished during its cost reporting period beginning in the base fiscal year. ``(E) Updating.--The weighted average per diem rates determined under subparagraph (D) shall be updated for each fiscal year after the first fiscal year to which this subsection applies by a factor equal to the market basket percentage increase. ``(F) Determination of federal per diem rate.-- ``(i) In general.--The Secretary shall compute for each psychiatric facility for each fiscal year (beginning with fiscal year 2001) a Federal per diem rate equal to the applicable weighted average per diem rate determined under subparagraph (E), adjusted for-- ``(I) variations among facilities by area in the average facility wage level per diem; ``(II) variations in case mix per diem among facilities (based on the patient classification system established by the Secretary under paragraph (4)); and ``(III) variations among facilities in the proportion of low-income patients served by the facility. ``(ii) Other adjustments.--In computing the Federal per diem rates under this subparagraph, the Secretary may adjust for outlier cases, the indirect costs of medical education, and such other factors as the Secretary determines to be appropriate. ``(iii) Budget neutrality.--The adjustments specified in clauses (i)(I), (i)(III), and (ii) shall be implemented in a manner that does not result in aggregate payments under this subsection that are greater or less than those aggregate payments that otherwise would have been made if such adjustments did not apply. ``(4) Establishment of patient classification system.-- ``(A) In general.--The Secretary shall establish-- ``(i) classes of patients of psychiatric facilities (in this paragraph referred to as `case mix groups'), based on such factors as the Secretary determines to be appropriate; and ``(ii) a method of classifying specific patients in psychiatric facilities within these groups. ``(B) Weighting factors.--For each case mix group, the Secretary shall assign an appropriate weighting factor that reflects the relative facility resources used with respect to patients classified within that group compared to patients classified within other such groups. ``(5) Data collection; utilization monitoring.-- ``(A) Data collection.--The Secretary may require psychiatric facilities to submit such data as is necessary to implement the system established under this subsection. ``(B) Utilization monitoring.--The Secretary shall monitor changes in the utilization of inpatient hospital services furnished by psychiatric facilities under the system established under this subsection and report to the appropriate committees of Congress on such changes, together with recommendations for legislation (if any) that is needed to address unwarranted changes in such utilization. ``(6) Special adjustments.--Notwithstanding the preceding provisions of this subsection, the Secretary shall reduce aggregate payment amounts that would otherwise be payable under this subsection for inpatient hospital services furnished by a psychiatric facility during cost reporting periods beginning in fiscal years 2001 and 2002 by such uniform percentage as is necessary to assure that payments under this subsection for such cost reporting periods are reduced by an amount that is equal to the sum of-- ``(A) the aggregate increase in payments under this title during fiscal years 1999 and 2000, that is attributable to the operation of subsection (b)(8); and ``(B) the aggregate increase in payments under this title during fiscal years 2001 and 2002 that is attributable to the application of the market basket percentage increase under paragraphs (2)(B) and (3)(E) of this subsection in lieu of the provisions of subclauses (VI) and (VII) of subsection (b)(3)(B)(ii). Reductions under this paragraph shall not affect computation of the amounts payable under this subsection for cost reporting periods beginning in fiscal years after fiscal year 2002. ``(7) Definitions.--For purposes of this subsection: ``(A) The term `base fiscal year' means, with respect to a hospital, the most recent fiscal year ending before the date of the enactment of this subsection for which audited cost report data are available. ``(B) The term `PPS percentage' means-- ``(i) with respect to cost reporting periods beginning on or after October 1, 2000, and before October 1, 2001, 25 percent; ``(ii) with respect to cost reporting periods beginning on or after October 1, 2001, and before October 1, 2002, 50 percent; and ``(iii) with respect to cost reporting periods beginning on or after October 1, 2002, and before October 1, 2003, 75 percent. ``(C) The term `psychiatric facility' means-- ``(i) a psychiatric hospital; and ``(ii) a psychiatric unit described in the matter following clause (v) of subsection (d)(1)(B). ``(D) The term `TEFRA percentage' means-- ``(i) with respect to cost reporting periods beginning on or after October 1, 2000, and before October 1, 2001, 75 percent; ``(ii) with respect to cost reporting periods beginning on or after October 1, 2001, and before October 1, 2002, 50 percent; and ``(iii) with respect to cost reporting periods beginning on or after October 1, 2002, and before October 1, 2003, 25 percent.''. (b) Limit on Reductions Under Balanced Budget Act.--Section 1886(b) of the Social Security Act (42 U.S.C. 1395ww(b)) is amended by adding at the end the following: ``(8)(A) Notwithstanding the amendments made by sections 4411, 4414, 4415, and 4416 of the Balanced Budget Act of 1997, in the case of a psychiatric facility (as defined in subparagraph (B)(ii)), the amount of payment for the operating costs of inpatient hospital services for cost reporting periods beginning on or after October 1, 1998, and before October 1, 2000, shall not be less than 95 percent of the amount that would have been paid for such costs if such amendments did not apply. ``(B) For purposes of this paragraph, the term `psychiatric facility' means-- ``(i) a psychiatric hospital; and ``(ii) a psychiatric unit described in the matter following clause (v) of subsection (d)(1)(B).''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply as if included in the enactment of the Balanced Budget Act of 1997.

Medicare Psychiatric Hospital Prospective Payment System Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to: (1) provide for a prospective payment system for inpatient psychiatric facility hospital services; and (2) exempt such services from certain reductions under the Balanced Budget Act of 1997 (BBA'97), and, instead limit payment to not less than a certain applicable percentage of the amount that would have been paid if such reductions did not apply. Provides that the amendments made by this Act shall apply as if included in the enactment of BBA'97.

{"src": "billsum_train", "title": "Medicare Psychiatric Hospital Prospective Payment System Act of 1999"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing Oversight and Security at United States Missions Act of 2010''. SEC. 2. INCREASED OVERSIGHT OF PRIVATE SECURITY CONTRACTORS AT UNITED STATES MISSIONS IN AREAS OF COMBAT OPERATIONS. (a) Plan.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in collaboration with the Secretary of Defense, shall submit to Congress a plan to increase the oversight of private security contractors by United States Government security personnel at United States missions where the United States Armed Forces are engaged in combat operations to ensure that security functions are appropriately performed. (2) Content.-- (A) Objectives.--The plan required under paragraph (1) shall-- (i) determine an appropriate ratio of United States Government security personnel to private security contractors at United States missions where the United States Armed Forces are engaged in combat operations in a manner sufficient to-- (I) provide comprehensive oversight of the activities and performance of private security contractors at such missions; and (II) ensure that all such missions are safe and secure at all times; and (ii) establish applicable practices to ensure that an adequate number of United States Government security personnel are trained for, assigned to, and responsible for overseeing private security contractor personnel. (B) Improved oversight requirement.--The ratio determined under subparagraph (A)(i) shall increase the oversight of private security contractors by United States Government security personnel at United States missions where the United States Armed Forces are engaged in combat operations by-- (i) increasing the number of United States Government security personnel responsible for oversight of private security contractors; or (ii) decreasing the number of private security contractors performing security functions at such missions. (3) Implementation.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall implement the plan required under paragraph (1). (b) Periodic Review of Performance Functions.-- (1) In general.--The Secretary of State shall, in coordination with the heads of other appropriate agencies, periodically review the performance of private security functions at United States missions where the United States Armed Forces are engaged in combat operations to ensure that such functions are authorized and performed in a manner consistent with the requirements of this section. (2) Annual reports.--Not later than June 1 of each of 2011, 2012, 2013, 2014, and 2015, the Secretary shall submit to Congress a report on the results of the most recent performance review of private security functions at United States missions conducted under paragraph (1). Each such report shall include the following: (A) The number and type of United States Government security personnel assigned at each such mission. (B) The number and type of private security contractor employees assigned at each such mission. (C) The ratio of United States Government security personnel to private security contractor employees at each such mission. (D) The justification for the determination by the Secretary of State, in coordination with the Secretary of Defense, of the ratio of private security contractors to United States Government security personnel at each such mission. (E) The justification for the determination by the Secretary of State, in coordination with the Secretary of Defense, for any increase or decrease in the number of United States Government security personnel or private security contractors at each such mission. (F) The name of each private security contractor, a description of the specific activities being carried out by such contractor, and the total value of all payments by the Department of State to each contractor for such activities at each such mission. (G) An analysis of and justification for the determination that each specific activity listed in accordance with subparagraph (F) does not constitute an inherently governmental function. (H) A description of the training provided to United States Government security personnel performing oversight and management of private security contractors for each such United States mission. (I) A description of the responsibilities for United States Government security personnel at such missions charged with oversight and management responsibilities of private security contractors, and the justification for any determination of the need to provide such United States Government security personnel with other responsibilities in addition to oversight. (J) A certification whether the regulations prescribed pursuant to section 862 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2302 note) with respect to private security contractors at such missions have been complied with. (c) United States Government Security Personnel Defined.--The term ``United States Government security personnel'' means any employees of the United States Government, including civilian employees and members of the United States Armed Forces, who are engaged in security or security oversight and management functions at United States missions. (d) Rule of Construction.--Nothing in this section shall be construed as authorizing the continued performance of any functions currently performed by private security contractors or to authorize the use of private security contractors for any inherently governmental function.

Enhancing Oversight and Security at United States Missions Act of 2010 - Directs the Secretary of State to submit a plan to Congress to increase oversight of private security contractors by U.S. government personnel at U.S. missions where the Armed Forces are engaged in combat operations in order to ensure that security functions are appropriately performed. Requires such plan to be implemented within 180 days after the enactment of this Act. Requires the Secretary to: (1) periodically review the performance of such contractors to ensure that security functions are performed in a manner that is consistent with plan requirements; and (2) report annually to Congress, in each of 2011 through 2015, on the results of the most recent performance review.

{"src": "billsum_train", "title": "A bill to increase oversight of private security contractors and establish the proper ratio of United States Government security personnel to private security contractors at United States missions where the armed forces are engaged in combat operations."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Streamlining DHS Overhead Act''. SEC. 2. LONG TERM REAL PROPERTY STRATEGIES. (a) In General.--Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is amended by adding at the end the following new sections: ``SEC. 710. CHIEF FACILITIES AND LOGISTICS OFFICER. ``(a) In General.--There is a Chief Facilities and Logistics Officer of the Department who shall report directly to the Under Secretary for Management. The Chief Facilities and Logistics Officer shall be career reserved for a member of the senior executive service. ``(b) Responsibilities.--The Chief Facilities and Logistics Officer shall-- ``(1) develop policies and procedures and provide program oversight to manage real property, facilities, personal property, mobile assets, equipment, and other material resources of the Department; ``(2) manage and execute, in consultation with the component heads, mission support services within the National Capital Region for real property, facilities, and other common headquarters and field activities for the Department; and ``(3) provide tactical and transactional services for the Department, including transportation, facility operations, and maintenance. ``SEC. 711. LONG TERM REAL PROPERTY STRATEGIES. ``(a) In General.-- ``(1) First strategy.--Not later than 180 days after the date of the enactment of this section, the Under Secretary for Management shall develop an initial 5-year regional real property strategy for the Department that covers the five fiscal years immediately following such date of enactment. Such strategy shall be geographically organized, as designated by the Under Secretary for Management. ``(2) Second strategy.--Not later than the first day of the fourth fiscal year covered by the first strategy under paragraph (1), the Under Secretary for Management shall develop a second 5-year real property strategy for the Department that covers the five fiscal years immediately following the conclusion of such first strategy. ``(b) Requirements.-- ``(1) Initial strategy.--The initial 5-year strategy developed in accordance with paragraph (1) of subsection (a) shall-- ``(A) identify opportunities to consolidate real property, optimize the usage of Federal assets, and decrease the number of commercial leases and square footage within the Department's real property portfolio; ``(B) provide alternate housing and consolidation plans to increase efficiency through joint use of Department spaces while decreasing the cost of leased space; ``(C) concentrate on geographical areas with a significant Department presence, as identified by the Under Secretary for Management; ``(D) examine the establishment of central Department locations in each such geographical region and the co-location of Department components based on the mission sets and responsibilities of such components; ``(E) identify opportunities to reduce overhead costs through co-location or consolidation of real property interests or mission support activities, such as shared mail screening and processing, centralized transportation and shuttle services, regional transit benefit programs, common contracting for custodial and other services, and leveraging strategic sourcing contracts and sharing of specialized facilities, such as training facilities and resources; ``(F) manage the current Department Workspace Standard for Office Space in accordance with the Department office workspace design process to develop the most efficient and effective spaces within the workspace standard usable square foot ranges for all leased for office space entered into on or after the date of the enactment of this section, including the renewal of any leases for office space existing as of such date; ``(G) define, based on square footage, what constitutes a major real property acquisition; ``(H) prioritize actions to be taken to improve the operations and management of the Department's real property inventory, based on life-cycle cost estimations, in consultation with component heads; and ``(I) include any additional information determined appropriate or relevant by the Under Secretary for Management. ``(2) Second strategy.--The second 5-year strategy developed in accordance with paragraph (2) of subsection (a) shall include information required in subparagraphs (A), (B), (C), (E), (F), (G), (H), and (I) of paragraph (1) and information on the effectiveness of implementation efforts pursuant to the Department-wide policy required in accordance with subsection (c), including-- ``(A) the impact of such implementation on departmental operations and costs; and ``(B) the degree to which the Department established central Department locations and co-located Department components pursuant to the results of the examination required by subparagraph (D) of paragraph (1). ``(c) Implementation Policies.--Not later than 90 days after the development of each of the regional real property strategies developed in accordance with subsection (a), the Under Secretary for Management shall develop or update, as applicable, a Department-wide policy implementing such strategies. ``(d) Certifications.--Subject to subsection (g)(3), the implementation policies developed pursuant to subsection (c) shall require component heads to certify to the Under Secretary for Management that such heads have complied with the requirements specified in subsection (b) before making any major real property decision or recommendation, as defined by the Under Secretary, including matters related to new leased space, renewing any existing leases, or agreeing to extend or newly occupy any Federal space or new construction, in accordance with the applicable regional real property strategy developed in accordance with subsection (a). ``(e) Underutilized Space.-- ``(1) In general.--The implementing policies developed pursuant to subsection (c) shall require component heads, acting through regional property managers under subsection (f), to annually report to the Under Secretary for Management on underutilized space and identify space that may be made available for use, as applicable, by other components or Federal agencies. ``(2) Exception.--The Under Secretary for Management may grant an exception to the workspace standard usable square foot ranges described in subsection (b)(1)(F) for specific office locations at which a reduction or elimination of otherwise underutilized space would negatively impact a component's ability to execute its mission based on readiness performance measures or would increase the cost of such space. ``(3) Underutilized space defined.--In this subsection, the term `underutilized space' means any space with respect to which utilization is greater than the workplace standard usable square foot ranges pursuant to subsection (b)(1)(F). ``(f) Component Responsibilities.-- ``(1) Regional property managers.--Each component head shall identify a senior career employee of each such component for each geographic region included in the regional real property strategies developed in accordance with subsection (a) to serve as each such component's regional property manager. Each such regional property manager shall serve as a single point of contact for Department headquarters and other Department components for all real property matters relating to each such component within the region in which each such component is located, and provide data and any other support necessary for the DHS Regional Mission Support Coordinator strategic asset and portfolio planning and execution. ``(2) Data.--Regional property managers under paragraph (1) shall provide annually to the Under Secretary for Management, via a standardized and centralized system, data on each component's real property holdings, as specified by the Undersecretary for Management, including relating to underutilized space under subsection (e) (as such term is defined in such subsection), total square footage leased, annual cost, and total number of staff, for each geographic region included in the regional real property strategies developed in accordance with subsection (a). ``(g) Ongoing Oversight.-- ``(1) In general.--The Under Secretary for Management shall monitor components' adherence to the regional real property strategies developed in accordance with subsection (a) and the implementation policies developed pursuant to subsection (c). ``(2) Annual review.--The Under Secretary for Management shall annually review the data submitted pursuant to subsection (f)(2) to ensure all underutilized space (as such term is defined in subsection (e)) is properly identified. ``(3) Certification review.--The Under Secretary for Management shall review, and if appropriate, approve, component certifications under subsection (d) before such components may make any major real property decision, including matters related to new leased space, renewing any existing leases, or agreeing to extend or newly occupy any Federal space or new construction, in accordance with the applicable regional real property strategy developed in accordance with subsection (a). ``(4) Congressional reporting.--The Under Secretary for Management shall annually provide information to the Committee on Homeland Security and Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Inspector General of the Department on the Department's real property portfolio, including information relating to the following: ``(A) A summary of the Department's real property holdings in each region described in the regional strategies developed in accordance with subsection (a), and for each such property, information including the total square footage leased, the total cost, the total number of staff at each such property, and the square foot per person utilization rate for office space (and whether or not such conforms with the workspace standard usable square foot ranges established pursuant to subsection (b)(1)(F)). ``(B) An accounting of all underutilized space (as such term is defined in subsection (e)). ``(C) An accounting of all instances in which the Department or its components consolidated their real property holdings or co-located with another entity within the Department. ``(D) A list of all certifications provided pursuant to subsection (d) and all such certifications approved pursuant to paragraph (3) of this subsection. ``(5) Inspector general review.--Not later than 120 days after the last day of the fifth fiscal year covered in each of the initial and second regional real property strategies developed in accordance with subsection (a), the Inspector General of the Department shall review the information submitted pursuant to paragraph (4) and issue findings regarding the effectiveness of the implementation of the Department-wide policy and oversight efforts of the management of real property facilities, personal property, mobile assets, equipment and the Department's other material resources as required under this section.''. (b) Reporting.--The Secretary of Homeland Security 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 copies of the regional strategies developed in accordance with section 710(a) of the Homeland Security Act of 2002 (as added by subsection (a) of this section) not later than 90 days after the date of the development of each such strategy. (c) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 709 the following new items: ``Sec. 710. Chief Facilities and Logistics Officer. ``Sec. 711. Long term real property strategies.''. Passed the House of Representatives June 20, 2017. Attest: KAREN L. HAAS, Clerk.

Streamlining DHS Overhead Act (Sec. 2) This bill amends the Homeland Security Act of 2002 to establish a Chief Facilities and Logistics Officer within the Department of Homeland Security (DHS), who shall: (1) develop policies and procedures and provide program oversight to manage DHS property, equipment, and material resources; (2) manage and execute mission support services within the National Capital Region for DHS real property, facilities, headquarters, and field activities; and (3) provide tactical and transactional services for DHS. DHS shall develop: (1) an initial five-year regional real property strategy, which shall be geographically organized; (2) a subsequent five-year real property strategy; and (3) a department-wide policy implementing such strategies. The initial five-year strategy shall: identify opportunities to consolidate real property, optimize the usage of federal assets, and decrease the number of commercial leases and square footage within DHS's real property portfolio; provide alternate housing and consolidation plans to increase efficiency through joint use of DHS spaces while decreasing the reliance on and cost of leased space; concentrate on geographical areas with a significant DHS presence; examine the establishment of central DHS locations in each such geographical region and the co-location of DHS components based on their mission sets and responsibilities; identify opportunities to reduce overhead costs through co-location or consolidation of real property interests or mission support activities; manage the current Department Workspace Standard for Office Space in accordance with the DHS office workspace design process to develop the most efficient and effective spaces within the workspace standard net usable square foot ranges for all leases for office space entered into after enactment of this bill; define, based on square footage, what constitutes a major real property acquisition; and prioritize actions to be taken to improve the operations and management of DHS's real property inventory, based on life-cycle cost estimations. The second five-year strategy shall contain related information, including: (1) the impact of such implementation on departmental operations and costs; and (2) the degree to which DHS established central DHS locations and co-located DHS components pursuant to the results of the required examination. The implementation policies shall require components: (1) to certify to DHS that such components have complied with specified requirements before making any major real property decision or recommendation; and (2) acting through regional property managers, to report annually to DHS on underutilized space and identify space that may be made available for use by other components or federal agencies. DHS may grant an exception to the workspace standard usable square foot ranges for specific office locations at which a reduction or elimination of otherwise underutilized space would negatively impact a component's ability to execute its mission based on readiness performance measures or would increase the cost of such space. Each component shall identify a senior career employee to serve as the property manager for each geographic region. Each such manager shall: (1) serve as a single point of contact for DHS headquarters and other DHS components for real property matters, (2) provide data and any other support necessary for the DHS Regional Mission Support Coordinator strategic asset and portfolio planning and execution, and (3) provide to DHS annually data on each component's real property holdings. DHS shall: (1) monitor components' adherence to the regional real property strategies and implementation policies; (2) annually review the data submitted to ensure all underutilized space is properly identified; (3) review and, if appropriate, approve component certifications before such components may make any major real property decision; and (4) annually provide information to Congress and to the Inspector General of DHS on its real property portfolio. The Inspector General shall review the information submitted and issue findings regarding the effectiveness of the implementation of the DHS-wide policy and oversight efforts of the management of real property facilities, personal property, mobile assets, requirement and DHS's other material resources.

{"src": "billsum_train", "title": "Streamlining DHS Overhead Act"}

SECTION 1. CONVERSIONS TO CLEAN ALTERNATIVE FUEL. Section 203 of the Clean Air Act (42 U.S.C. 7522) is amended by adding the following new subsection at the end thereof: ``(c) Certification of Certain Conversions.--In the case of a manufacturer of motor vehicle or engine conversions to a clean alternative fuel (as defined in this title), the Administrator may approve the combination of such conversions into a single test group which would normally not be eligible to be in a single test group if the manufacturer provides-- ``(1) substantial evidence that all the conversions in the larger grouping will have the similar levels of emissions; ``(2) evidence of equivalent component durability over the vehicle or engine's useful life; ``(3) evidence that the groups will result in sufficient in-use verification program data, appropriate tracking in use, and clear liability for the Agency's recall program; and ``(4) a statement that all vehicles within a test group are certified to the most stringent standards applicable to any vehicle within that test group. In any such case, such conversion shall be treated as included within the scope of the exemption provided by the last sentence of subsection (a).''. SEC. 2. ADVANCING ALTERNATIVE FUELS REVOLVING LOAN FUND. (a) Definitions.--In this section: (1) Authorized equipment.-- (A) In general.--The term ``authorized equipment'' means any equipment necessary to enable public vehicle fleets to operate on alternative fuels. (B) Inclusions.--The term ``authorized equipment'' includes-- (i) Bi-fuel vehicle property, which means property added to a motor vehicle that uses conventional gasoline or diesel as its fuel to allow the engine of such vehicle to operate on either conventional gasoline fuel or another alternative fuel. (ii) Alternative fuel vehicle conversion property, which means property added to a motor vehicle that uses conventional gasoline or diesel as its fuel to allow the engine of such vehicle to operate on another alternative fuel. (2) Fund.--The term ``Fund'' means the Advancing Alternative Fuels Revolving Loan Fund established by subsection (b). (3) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (b) Establishment of Fund.--There is established in the Treasury of the United States a revolving fund, to be known as the ``Advancing Alternative Fuels Revolving Loan Fund'', consisting of such amounts as are appropriated to the Fund. (c) Expenditures From Fund.-- (1) In general.--Subject to paragraph (2), on request by the Administrator, the Secretary of the Treasury shall transfer from the Fund to the Administrator such amounts as the Administrator determines are necessary to provide loans under subsection (e). (2) Administrative expenses.--An amount not exceeding 10 percent of the amounts in the Fund shall be available for each fiscal year to pay the administrative expenses necessary to carry out this section. (d) Transfers of Amounts.-- (1) In general.--The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (2) Adjustments.--Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (e) Uses of Fund.-- (1) Loans.-- (A) In general.--The Administrator shall use amounts in the Fund to provide loans to eligible units of local government to finance purchases of authorized equipment to enable public vehicle fleets to operate on alternative fuels. (B) Maximum amount.--The maximum amount of a loan that may be provided by the Administrator to an eligible unit of local government under this subsection shall be the lesser of-- (i) the amount that the eligible unit of local government has appropriated to finance purchases of authorized equipment to enable its vehicle fleet to operate on alternative fuels. (ii) $500,000 (C) Interest rate.--The interest rate on any loan made by the Administrator under this paragraph shall be a rate equal to 2 percent. (D) Report.--Not later than 180 days after the date on which an eligible unit of local government receives a loan provided by the Administrator under subparagraph (A), the eligible unit of local government shall submit to the Administrator a report that describes each purchase made by the eligible unit of local government using assistance provided through the loan. (2) Loan repayment schedule.-- (A) In general.--To be eligible to receive a loan from the Administrator under paragraph (1), in accordance with each requirement described in subparagraph (B), an eligible unit of local government shall enter into an agreement with the Administrator to establish a loan repayment schedule relating to the repayment of the loan. (B) Requirements relating to loan repayment schedule.--A loan repayment schedule established under subparagraph (A) shall require the eligible unit of local government-- (i) to repay to the Secretary of the Treasury, not later than 1 year after the date on which the eligible unit of local government receives a loan under paragraph (1), and semiannually thereafter, an amount equal to the quotient obtained by dividing-- (I) the principal amount of the loan (including interest); by (II) the total quantity of payments that the eligible unit of local government is required to make during the repayment period of the loan; and (ii) not later than 20 years after the date on which the eligible unit of local government receives a loan under paragraph (1), to complete repayment to the Secretary of the Treasury of the loan made under this section (including interest).

Amends the Clean Air Act to authorize the Administrator of the Environmental Protection Agency (EPA) to approve a combination of conversions to a clean alternative fuel into a single test group, which would normally not be eligible to be in a single test group, if the manufacturer of motor vehicle or engine conversions provides: (1) substantial evidence that all the conversions in the larger grouping will have similar levels of emissions; (2) evidence of equivalent component durability over the vehicle's or engine's useful life; (3) evidence that the groups will result in sufficient in-use verification program data, appropriate tracking in use, and clear liability for the EPA's recall program; and (4) a statement that all vehicles within a test group are certified to the most stringent standards applicable to any vehicle within the test group. Establishes the Advancing Alternative Fuels Revolving Loan Fund. Directs the Administrator to use amounts in the Fund to provide loans to eligible local governments to finance purchases of authorized equipment to enable public vehicle fleets to operate on alternative fuels.

{"src": "billsum_train", "title": "To amend the Clean Air Act to clarify that certain conversions of engines and motor vehicles from conventional fuels to clean alternative fuels will not require additional certifications, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Small Business Cyber Security Act of 2016''. SEC. 2. ROLE OF SMALL BUSINESS DEVELOPMENT CENTERS IN CYBER SECURITY AND PREPAREDNESS. Section 21 of the Small Business Act (15 U.S.C. 648) is amended-- (1) in subsection (a)(1), by striking ``and providing access to business analysts who can refer small business concerns to available experts:'' and inserting ``providing access to business analysts who can refer small business concerns to available experts; and, to the extent practicable, providing assistance in furtherance of the Small Business Development Center Cyber Strategy developed under section 5(b) of the Improving Small Business Cyber Security Act of 2016:''; and (2) in subsection (c)-- (A) in paragraph (2)-- (i) in subparagraph (E), by striking ``and'' at the end; (ii) in subparagraph (F), by striking the period and inserting ``; and''; and (iii) by adding at the end of the following: ``(G) access to cyber security specialists to counsel, assist, and inform small business concern clients, in furtherance of the Small Business Development Center Cyber Strategy developed under section 5(b) of the Improving Small Business Cyber Security Act of 2016.''. SEC. 3. ADDITIONAL CYBER SECURITY ASSISTANCE FOR SMALL BUSINESS DEVELOPMENT CENTERS. Section 21(a) of the Small Business Act (15 U.S.C. 648(a)) is amended by adding at the end the following: ``(8) Cyber security assistance.--The Department of Homeland Security, and any other Federal department or agency in coordination with the Department of Homeland Security, may leverage small business development centers to provide assistance to small businesses by disseminating cyber security risk information and other homeland security information to help small business concerns in developing or enhancing cyber security infrastructure, cyber threat awareness, and cyber training programs for employees.''. SEC. 4. CYBER SECURITY OUTREACH FOR SMALL BUSINESS DEVELOPMENT CENTERS. Section 227 of the Homeland Security Act of 2002 (6 U.S.C. 148) is amended-- (1) by redesignating subsection (l) as subsection (m); and (2) by inserting after subsection (k) the following: ``(l) Cybersecurity Outreach.-- ``(1) In general.--The Secretary may leverage small business development centers to provide assistance to small business concerns by disseminating information on cyber threat indicators, defensive measures, cybersecurity risks, incidents, analyses, and warnings to help small business concerns in developing or enhancing cybersecurity infrastructure, cyber threat awareness, and cyber training programs for employees. ``(2) Definitions.--For purposes of this subsection, the terms `small business concern' and `small business development center' have the meaning given such terms, respectively, under section 3 of the Small Business Act.''. SEC. 5. GAO STUDY ON SMALL BUSINESS CYBER SUPPORT SERVICES AND SMALL BUSINESS DEVELOPMENT CENTER CYBER STRATEGY. (a) Review of Current Cyber Security Resources.-- (1) In general.--The Comptroller General of the United States shall conduct a review of current cyber security resources at the Federal level aimed at assisting small business concerns with developing or enhancing cyber security infrastructure, cyber threat awareness, or cyber training programs for employees. (2) Content.--The review required under paragraph (1) shall include the following: (A) An accounting and description of all Federal Government programs, projects, and activities that currently provide assistance to small business concerns in developing or enhancing cyber security infrastructure, cyber threat awareness, or cyber training programs for employees. (B) An assessment of how widely utilized the resources described under subparagraph (A) are by small business concerns and a review of whether or not such resources are duplicative of other programs and structured in a manner that makes them accessible to and supportive of small business concerns. (3) Report.--The Comptroller General shall issue a report to the Congress, the Administrator of the Small Business Administration, the Secretary of Homeland Security, and any association recognized under section 21(a)(3)(A) of the Small Business Act containing all findings and determinations made in carrying out the review required under paragraph (1). (b) Small Business Development Center Cyber Strategy.-- (1) In general.--Not later than 90 days after the issuance of the report under subsection (a)(3), the Administrator of the Small Business Administration and the Secretary of Homeland Security shall work collaboratively to develop a Small Business Development Center Cyber Strategy. (2) Consultation.--In developing the strategy under this subsection, the Administrator of the Small Business Administration and the Secretary of Homeland Security shall consult with entities representing the concerns of small business development centers, including any association recognized under section 21(a)(3)(A) of the Small Business Act. (3) Content.--The strategy required under paragraph (1) shall include, at minimum, the following: (A) Plans for leveraging small business development centers (SBDCs) to access existing cyber programs of the Department of Homeland Security and other appropriate Federal agencies to enhance services and streamline cyber assistance to small business concerns. (B) To the extent practicable, methods for the provision of counsel and assistance to improve a small business concern's cyber security infrastructure, cyber threat awareness, and cyber training programs for employees, including-- (I) working to ensure individuals are aware of best practices in the areas of cyber security, cyber threat awareness, and cyber training; (ii) working with individuals to develop cost-effective plans for implementing best practices in these areas; (iii) entering into agreements, where practical, with Information Sharing and Analysis Centers or similar cyber information sharing entities to gain an awareness of actionable threat information that may be beneficial to small business concerns; and (iv) providing referrals to area specialists when necessary. (c) An analysis of-- (I) how Federal Government programs, projects, and activities identified by the Comptroller General in the report issued under subsection (a)(1) can be leveraged by SBDCs to improve access to high-quality cyber support for small business concerns; (ii) additional resources SBDCs may need to effectively carry out their role; and (iii) how SBDCs can leverage existing partnerships and develop new ones with Federal, State, and local government entities as well as private entities to improve the quality of cyber support services to small business concerns. (4) Delivery of strategy.--Not later than 180 days after the issuance of the report under subsection (a)(3), the Small Business Development Center Cyber Strategy shall be issued to the Committees on Homeland Security and Small Business of the House of Representatives and the Committees on Homeland Security and Governmental Affairs and Small Business and Entrepreneurship of the Senate. (c) Definition.--The term ``small business development center'' has the meaning given such term in section 3 of the Small Business Act (15 U.S.C. 632). SEC. 6. PROHIBITION ON ADDITIONAL FUNDS. No additional funds are authorized to be appropriated to carry out the requirements of this Act or the amendments made by this Act. Such requirements shall be carried out using amounts otherwise authorized. Passed the House of Representatives September 21, 2016. Attest: KAREN L. HAAS, Clerk.

Improving Small Business Cyber Security Act of 2016 (Sec. 2) This bill amends the Small Business Act to authorize the Small Business Administration (SBA) to make grants to small business development centers (SBDCs) in furtherance of a Small Business Development Center Cyber Strategy to be developed by the SBA and the Department of Homeland Security (DHS) after the Government Accountability Office (GAO) issues a report that reviews federal cybersecurity resources aimed at assisting small businesses. SBDCs shall have access to cybersecurity specialists to counsel their small business clients. (Sec. 3) The Homeland Security Act of 2002 and the Small Business Act are amended to allow DHS and other federal agencies coordinating with DHS to leverage SBDCs to disseminate cybersecurity risk information and other homeland security information to help small businesses in developing cybersecurity infrastructure, threat awareness, and employee training programs. (Sec. 5) The GAO's cyber resources report must include: (1) an accounting, description, and assessment of the utilization of federal programs that provide cybersecurity assistance to small businesses; and (2) an assessment of whether the resources are duplicative of other programs or accessible to small businesses. The strategy must include: plans for leveraging SBDCs into existing federal cyber programs to assist small businesses; methods for the provision of counsel and assistance to improve small businesses' cyber security infrastructure, threat awareness, and training programs for employees, including agreements with Information Sharing and Analysis Centers to gain awareness of actionable threat information that may be beneficial to small businesses; and an analysis of how SBDCs can leverage federal programs and develop partnerships with federal, state, and local governments and private entities to improve cyber support services to small businesses. The SBA's and DHS's strategy must be developed in consultation with entities representing SBDC concerns and submitted to Congress.

{"src": "billsum_train", "title": "Improving Small Business Cyber Security Act of 2016"}

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Safe Motherhood Monitoring and Prevention Research Act of 1999''. (b) Findings.--The Congress finds as follows: (1) The total maternal mortality has not declined in the United States since 1982. (2) The four-fold increase in risk of maternal death among black women compared to white women is one of the largest racial disparities among the public health indicators. (3) United States vital statistics data indicate that between 1987 and 1996 at least 3,086 women died as a consequence of pregnancy or its complications in the United States. (4) Misclassification on death certificates causes these data to underestimate maternal mortality, and the true number of maternal deaths is estimated to be 1.3 to 3 times higher than that reported in vital statistics records, indicating a need for improved surveillance and public monitoring of this outcome. (5) Early diagnosis and effective treatment of pregnancy complications are critical to reduce maternal mortality. (6) Underserved populations many times live in socioeconomic conditions that lack the support systems and financial resources necessary to ensure quality health care for expectant mothers and infant newborns. (7) By investing in public health surveillance and prevention research to monitor and identify causes of maternal mortality and in maternal health programs to promote maternal health, the risk of maternal mortality and morbidity can be reduced in the United States. SEC. 2. AMENDMENT TO PUBLIC HEALTH SERVICE ACT. 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 Q--SAFE MOTHERHOOD PROMOTION ``SEC. 399L. SAFE MOTHERHOOD MONITORING. ``(a) Purpose.--It is the purpose of this section to develop monitoring systems at the local, State, and national level to better understand the burden of maternal complications and mortality and to decrease the disparities among population at risk of death and complications from pregnancy. ``(b) Activities.--For the purpose described in subsection (a), the Secretary may carry out the following activities: ``(1) The Secretary, acting through the Centers for Disease Control and Prevention, may establish and implement a national monitoring and surveillance program to identify and promote the investigation of deaths and severe complications that occur during pregnancy. ``(2) The Secretary, acting through the Centers for Disease Control and Prevention, may expand the Pregnancy Risk Assessment Monitoring System to provide surveillance and collect data in each of the 50 States. ``(3) The Secretary, acting through the Centers for Disease Control and Prevention, may expand the Maternal and Child Health Epidemiology Program to provide technical support, financial assistance, or the time-limited assignment of senior epidemiologists to maternal and child health programs in each of the 50 States. ``(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section such sums as may be necessary for each fiscal year (beginning with fiscal year 2000).''. ``SEC. 399M. PREVENTION RESEARCH TO ENSURE SAFE MOTHERHOOD. ``(a) Purpose.--It is the purpose of this section to provide the Centers for Disease Control and Prevention with the authority to further expand research concerning risk factors, prevention strategies, and the roles of the family, health care providers and the community in safe motherhood. ``(b) Research.--The Secretary, acting through the Centers for Disease Control and Prevention, may carry out activities to expand research relating to-- ``(1) encouraging preconception counseling, especially for at risk populations such as diabetics; ``(2) the identification of critical components of prenatal delivery and postpartum care; ``(3) the identification of outreach and support services, such as folic acid education, that are available for pregnant women; ``(4) the identification of women who are at high risk for complications; ``(5) preventing preterm delivery; ``(6) preventing urinary tract infections; ``(7) preventing unnecessary caesarean sections; ``(8) an examination of the higher rates of maternal mortality among African American women; ``(9) an examination of the relationship between domestic violence and maternal complications and mortality; ``(10) preventing smoking, alcohol and illegal drug usage before, during and after pregnancy; ``(11) preventing infections that cause maternal and infant complications; and ``(12) other areas determined appropriate by the Secretary. ``(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section such sums as may be appropriate for each fiscal year (beginning with fiscal year 2000). ``SEC. 399N. PREVENTION PROGRAMS TO ENSURE SAFE MOTHERHOOD. ``(a) In General.--The Secretary, acting through the Centers for Disease Control and Prevention may carry out activities to promote safe motherhood, including-- ``(1) public education campaigns on healthy pregnancies and the building of partnerships with outside organizations concerned about safe motherhood; ``(2) education programs for physicians, nurses and other health care providers; and ``(3) activities to promote community support services for pregnant women. ``(b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section such sums as may be appropriate for each fiscal year (beginning with fiscal year 2000).''.

Safe Motherhood Monitoring and Prevention Research Act of 1999 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Centers for Disease Control and Prevention (CDC), to: (1) establish and implement a national monitoring and surveillance program to identify and promote the investigation of deaths and severe complications that occur during pregnancy; (2) expand the Pregnancy Risk Assessment Monitoring System to provide surveillance and collect data in each of the 50 States; (3) expand the Maternal and Child Health Epidemiology Program to provide technical support, financial assistance, or the time-limited assignment of senior epidemiologists to maternal and child health programs in each of the 50 States. Authorizes the Secretary, acting through the CDC, to expand research relating to: (1) encouraging preconception counseling; (2) identifying critical components of prenatal delivery and postpartum care, outreach and support services for pregnant women, and women who are at high risk for complications; (3) preventing preterm delivery, urinary tract infections, and unnecessary caesarean sections; (4) examining the higher rates of maternal mortality among African American women and the relationship between domestic violence and maternal complications and mortality; and (5) preventing substance abuse during and after pregnancy and infections that cause maternal and infant complications. Authorizes the Secretary, acting through the CDC, to carry out activities to promote safe motherhood, including public education campaigns on healthy pregnancies, education programs for health care providers, and activities to promote community support for pregnant women. Authorizes appropriations.

{"src": "billsum_train", "title": "Safe Motherhood Monitoring and Prevention Research Act of 1999"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Minnesota MSA Empowerment Act of 2002''. SEC. 2. DEDUCTION FOR MINNESOTA PUBLIC EMPLOYEE MSA PILOT PROGRAM. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions) is amended by redesignating section 223 as section 224 and by inserting after section 222 the following new section: ``SEC. 223. MINNESOTA PUBLIC EMPLOYEE MSAS. ``(a) In General.--In the case of an eligible individual, there shall be allowed as a deduction an amount equal to the amount contributed during the taxable year by such individual to the Minnesota public employee MSA of such individual. ``(b) Limitation.--The amount allowed as a deduction by subsection (a) for a taxable year shall not exceed $10,000. ``(c) Eligible Individual.--For purposes of this section, the term `eligible individual' means an individual who-- ``(1) is in receipt of retirement benefits for the taxable year from the State of Minnesota or a political subdivision thereof, or ``(2)(A) has attained age 45 as of the end of the taxable year, ``(B) is an employee of the State of Minnesota or a political subdivision thereof, ``(C) as of the last day the of taxable year, is 100 percent vested in the defined benefit plan provided by such State or political subdivision, and ``(D) made a contribution during the taxable year to such defined benefit plan. ``(d) Minnesota Public Employee MSA.-- ``(1) In general.--The term `Minnesota public employee MSA' means an Archer MSA which is created or organized exclusively for the purpose of paying the qualified medical expenses of the eligible individual and-- ``(A) which is designated as a Minnesota public employee MSA, ``(B) with respect to which no contribution may be made other than-- ``(i) a contribution made by the eligible individual or the employer of the eligible individual, and ``(ii) a trustee-to-trustee transfer referred to in paragraph (4), ``(C) the governing instrument of which provides that the trustee of such account may only be a Federally chartered credit union with multiple service locations throughout the Minneapolis-St. Paul metropolitan area that serves a substantial number of eligible individuals, and ``(D) the governing instrument of which provides that trustee-to-trustee transfers described in section 220(f)(5) may be made to and from such account only from and to, respectively, another Minnesota public employee MSA. ``(2) Archer msa; qualified medical expenses.--For purposes of this section, the terms `Archer MSA' and `qualified medical expenses' shall have the respective meanings given to such terms by section 220(d). ``(e) Special Rules.--In applying section 220 to a Minnesota public employee MSA-- ``(1) subsection (d)(1)(A)(ii) shall not apply, and ``(2) subsection (f)(3) shall be treated as including a reference to this section. ``(f) Inflation Adjustment.-- ``(1) In general.--In the case of a taxable year beginning after 2003, the dollar amount in subsection (b) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2002' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $100, such amount shall be rounded to the next lowest multiple of $100. ``(g) Reports.--In the case of a Minnesota public employee MSA, the report under section 220(h)-- ``(1) shall include the fair market value of the assets in such Minnesota public employee MSA as of the close of each calendar year, and ``(2) shall be furnished to the account holder-- ``(A) not later than January 31 of the calendar year following the calendar year to which such reports relate, and ``(B) in such manner as the Secretary prescribes. ``(h) Coordination With Limitation on Number of Taxpayers Having Archer MSAs.--Subsection (i) of section 220 shall not apply to an individual with respect to a Minnesota public employee MSA, and Minnesota public employee MSAs shall not be taken into account in determining whether the numerical limitations under section 220(j) are exceeded.''. (b) Deduction Allowed Whether or Not Taxpayer Itemizes.--Subsection (a) of section 62 is amended by inserting after paragraph (18) the following new item: ``(19) Minnesota public employee msas.--The deduction allowed by section 223.''. (c) Tax on Excess Contributions.--Section 4973(d) of such Code (relating to excess contributions to Archer MSAs) is amended-- (1) in paragraph (1) by inserting ``or 223'' after ``220'', and (2) in paragraph (2) by inserting ``or 223(b)'' after ``220(b)(1)''. (d) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 223. Minnesota public employee MSAs. ``Sec. 224. Cross reference.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002.

Minnesota MSA Empowerment Act of 2002 - Amends the Internal Revenue Code to allow a deduction, of up to $10,000, for a Minnesota public employee, who is either retired or at least age 45, for amounts contributed to the individual's Minnesota public employee medical savings account.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to establish a pilot program to encourage the use of medical savings accounts by certain current and retired public employees of the State of Minnesota and political jurisdictions thereof."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Restoration Act of 1996''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the National Commission on Medicare Reform (referred to in this Act as the ``Commission''). SEC. 3. FINDINGS. The Congress finds that-- (1) the medicare program under title XVIII of the Social Security Act provides essential health care insurance to this Nation's senior citizens and to individuals with disabilities; (2) the Federal Hospital Insurance Trust Fund will be bankrupt in the year 2001, and faces even greater solvency problems in the long-run with the aging of the baby boom generation; (3) the trustees of the trust funds of the medicare program have reported that growth in spending within the Federal Supplementary Medical Insurance Trust Fund is unsustainable; and (4) expeditious action is needed in order to restore the fiscal health of the medicare program and to maintain this Nation's commitment to senior citizens and to individuals with disabilities. SEC. 4. DUTIES OF THE COMMISSION. The Commission shall-- (1) review relevant analyses of the current, short-term, and long-term financial condition of the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund under title XVIII of the Social Security Act; (2) identify problems that threaten the solvency of such trust funds; (3) analyze potential solutions to such problems that will both assure the financial integrity of the medicare program under such title and the provision of appropriate benefits under such program; (4) make recommendations to restore the short-range and long-range solvency of the Federal Hospital Insurance Trust Fund, to provide for sustainable growth of the Supplementary Medical Insurance Trust Fund, and on related matters as the Commission deems appropriate; and (5) review and analyze such other matters as the Commission deems appropriate. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 15 members, of whom-- (1) five shall be appointed by the President, of whom not more than 3 shall be of the same political party; (2) five shall be appointed by the Majority Leader of the Senate, in consultation with the Minority Leader of the Senate, of whom not more than 3 shall be of the same political party; and (3) five shall be appointed by the Speaker of the House of Representatives, in consultation with the Minority Leader of the House of Representatives, of whom not more than 3 shall be of the same political party. (b) Comptroller General.--The Comptroller General of the United States shall advise the Commission on the methodology to be used in identifying problems and analyzing potential solutions in accordance with section 4. (c) Term of Appointment.--The members shall serve on the Commission for the life of the Commission. (d) Meetings.--The Commission shall locate its headquarters in the District of Columbia, and shall meet at the call of the Chairperson. (e) Quorum.--Ten members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (f) Chairperson and Vice Chairperson.--Not later than 15 days after all the members of the Commission are appointed, such members shall designate a Chairperson and Vice Chairperson from among the members of the Commission. (g) Vacancies.--A vacancy on the Commission shall be filled in the manner in which the original appointment was made not later than 30 days after the Commission is given notice of the vacancy. (h) Compensation.--Members of the Commission shall receive no additional pay, allowances, or benefits by reason of their service on the Commission. (i) Expenses.--Each member of the Commission shall receive travel expenses and per diem in lieu of subsistence in accordance with sections 5702 and 5703 of title 5, United States Code. SEC. 6. STAFF AND SUPPORT SERVICES. (a) Director.-- (1) Appointment.--Upon consultation with the members of the Commission, the Chairperson shall appoint a Director of the Commission. (2) Compensation.--The Director shall be paid the rate of basic pay for level V of the Executive Schedule. (b) Staff.--With the approval of the Commission, the Director may appoint such personnel as the Director considers appropriate. (c) Applicability of Civil Service Laws.--The staff of the Commission shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (d) Experts and Consultants.--With the approval of the Commission, the Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (e) Staff of Federal Agencies.--Upon the request of the Commission, the head of any Federal agency may detail any of the personnel of such agency to the Commission to assist in carrying out the duties of the Commission. (f) Other Resources.--The Commission shall have reasonable access to materials, resources, statistical data, and other information from the Library of Congress and agencies and elected representatives of the executive and legislative branches of the Federal Government. The Chairperson of the Commission shall make requests for such access in writing when necessary. (g) Physical Facilities.--The Administrator of the General Services Administration shall locate suitable office space for the operation of the Commission. The facilities shall serve as the headquarters of the Commission and shall include all necessary equipment and incidentals required for the proper functioning of the Commission. SEC. 7. POWERS OF COMMISSION. (a) Hearings.--The Commission may conduct public hearings or forums at the discretion of the Commission, at any time and place the Commission is able to secure facilities and witnesses, for the purpose of carrying out the duties of the Commission. (b) Delegation of Authority.--Any member or agent of the Commission may, if authorized by the Commission, take any action the Commission is authorized to take by this section. (c) Gifts, Bequests, and Devises.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. SEC. 8. REPORTS. Not later than June 30, 1997, the Commission shall submit a report to the President and to the Congress on the findings and conclusions of the Commission. SEC. 9. TERMINATION. The Commission shall terminate on the date which is 30 days after the date the Commission submits its report to the President and to the Congress under section 8. SEC. 10. FUNDING. The Secretary of Health and Human Services shall provide to the Commission, out of funds otherwise available to such Secretary, such sums as are necessary to carry out the purposes of the Commission.

Medicare Restoration Act of 1996 - Establishes the National Commission on Medicare Reform to: (1) review relevant analyses of the current, short-term, and long-term financial condition of the Medicare trust funds; (2) identify problems that threaten their solvency; (3) analyze potential solutions to such problems that will both assure Medicare's financial integrity and the provision of appropriate benefits under it; (4) make recommendations to restore the solvency of the Federal Hospital Insurance Trust Fund and to provide for sustainable growth of the Supplementary Medical Insurance Trust Fund; and (5) review and analyze such other matters as the Commission deems appropriate. Requires a report to the President and the Congress. Directs the Secretary of Health and Human Services to provide funding for the Commission.

{"src": "billsum_train", "title": "Medicare Restoration Act of 1996"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Civilian Extraterritorial Jurisdiction Act (CEJA) of 2010''. SEC. 2. ACCOUNTABILITY FOR CRIMINAL ACTS OF FEDERAL CONTRACTORS AND EMPLOYEES OUTSIDE THE UNITED STATES. (a) Extraterritorial Jurisdiction Over Federal Contractors and Employees.--Chapter 212A of title 18, United States Code, is amended-- (1) by transferring the text of section 3272 to the end of section 3271, redesignating such text as subsection (c) of section 3271, and, in such text, as so redesignated, by striking ``this chapter'' and inserting ``this section''; (2) by striking the heading of section 3272; and (3) by adding after section 3271, as amended by this subsection, the following new sections: ``Sec. 3272. Offenses committed by Federal contractors and employees outside the United States ``(a) Whoever, while employed by or accompanying any department or agency of the United States other than the Armed Forces, knowingly engages in conduct (or conspires or attempts to engage in conduct) outside the United States that would constitute an offense enumerated in subsection (c) had the conduct been engaged in within the United States or within the special maritime and territorial jurisdiction of the United States shall be punished as provided for that offense. ``(b) No prosecution for an offense may be commenced against a person under this section if a foreign government, in accordance with jurisdiction recognized by the United States, has prosecuted or is prosecuting such person for the conduct constituting the offense, except upon the approval of the Attorney General or the Deputy Attorney General (or a person acting in either such capacity), which function of approval may not be delegated. ``(c) The offenses covered by subsection (a) are the following: ``(1) Any offense under chapter 5 (arson) of this title. ``(2) Any offense under section 111 (assaulting, resisting, or impeding certain officers or employees), 113 (assault within maritime and territorial jurisdiction), or 114 (maiming within maritime and territorial jurisdiction) of this title, but only if the offense is subject to a maximum sentence of imprisonment of one year or more. ``(3) Any offense under section 201 (bribery of public officials and witnesses) of this title. ``(4) Any offense under section 499 (military, naval, or official passes) of this title. ``(5) Any offense under section 701 (official badges, identifications cards, and other insignia), 702 (uniform of armed forces and Public Health Service), 703 (uniform of friendly nation), or 704 (military medals or decorations) of this title. ``(6) Any offense under chapter 41 (extortion and threats) of this title, but only if the offense is subject to a maximum sentence of imprisonment of three years or more. ``(7) Any offense under chapter 42 (extortionate credit transactions) of this title. ``(8) Any offense under section 924(c) (use of firearm in violent or drug trafficking crime) or 924(o) (conspiracy to violate section 924(c)) of this title. ``(9) Any offense under chapter 50A (genocide) of this title. ``(10) Any offense under section 1111 (murder), 1112 (manslaughter), 1113 (attempt to commit murder or manslaughter), 1114 (protection of officers and employees of the United States), 1116 (murder or manslaughter of foreign officials, official guests, or internationally protected persons), 1117 (conspiracy to commit murder), or 1119 (foreign murder of United States nationals) of this title. ``(11) Any offense under chapter 55 (kidnapping) of this title. ``(12) Any offense under section 1503 (influencing or injuring officer or juror generally), 1505 (obstruction of proceedings before departments, agencies, and committees), 1510 (obstruction of criminal investigations), 1512 (tampering with a witness, victim, or informant), or 1513 (retaliating against a witness, victim, or an informant) of this title. ``(13) Any offense under section 1951 (interference with commerce by threats or violence), 1952 (interstate and foreign travel or transportation in aid of racketeering enterprises), 1956 (laundering of monetary instruments), 1957 (engaging in monetary transactions in property derived from specified unlawful activity), 1958 (use of interstate commerce facilities in the commission of murder for hire), or 1959 (violent crimes in aid of racketeering activity) of this title. ``(14) Any offense under section 2111 (robbery or burglary within special maritime and territorial jurisdiction) of this title. ``(15) Any offense under chapter 109A (sexual abuse) of this title. ``(16) Any offense under chapter 113B (terrorism) of this title. ``(17) Any offense under chapter 113C (torture) of this title. ``(18) Any offense under chapter 115 (treason, sedition, and subversive activities) of this title. ``(19) Any offense under chapter 118 (war crimes) of this title. ``(20) Any offense under section 401 (manufacture, distribution, or possession with intent to distribute a controlled substance) or 408 (continuing criminal enterprise) of the Controlled Substances Act (21 U.S.C. 841, 848), or under section 1002 (importation of controlled substances), 1003 (exportation of controlled substances), or 1010 (import or export of a controlled substance) of the Controlled Substances Import and Export Act (21 U.S.C. 952, 953, 960), but only if the offense is subject to a maximum sentence of imprisonment of 20 years or more. ``(d) In this section: ``(1) The term `employed by any department or agency of the United States other than the Armed Forces' means-- ``(A) employed as a civilian employee, a contractor (including a subcontractor at any tier), an employee of a contractor (or a subcontractor at any tier), a grantee (including a contractor of a grantee or a subgrantee or subcontractor at any tier), or an employee of a grantee (or a contractor of a grantee or a subgrantee or subcontractor at any tier) of any department or agency of the United States other than the Armed Forces; ``(B) present or residing outside the United States in connection with such employment; ``(C) in the case of such a contractor, contractor employee, grantee, or grantee employee, such employment supports a program, project, or activity for a department or agency of the United States other than the Armed Forces; and ``(D) not a national of or ordinarily resident in the host nation. ``(2) The term `accompanying any department or agency of the United States other than the Armed Forces' means-- ``(A) a dependant of-- ``(i) a civilian employee of any department or agency of the United States other than the Armed Forces; or ``(ii) a contractor (including a subcontractor at any tier), an employee of a contractor (or a subcontractor at any tier), a grantee (including a contractor of a grantee or a subgrantee or subcontractor at any tier), or an employee of a grantee (or a contractor of a grantee or a subgrantee or subcontractor at any tier) of any department or agency of the United States other than the Armed Forces, which contractor, contractor employee, grantee, or grantee employee is supporting a program, project, or activity for a department or agency of the United States other than the Armed Forces; ``(B) residing with such civilian employee, contractor, contractor employee, grantee, or grantee employee outside the United States; and ``(C) not a national of or ordinarily resident in the host nation. ``(3) The term `grant agreement' means a legal instrument described in section 6304 or 6305 of title 31, other than an agreement between the United States and a State, local, or foreign government or an international organization. ``(4) The term `grantee' means a party, other than the United States, to a grant agreement. ``(5) The term `Armed Forces' has the meaning given the term `armed forces' in section 101(a)(4) of title 10. ``Sec. 3273. Regulations ``The Attorney General, after consultation with the Secretary of Defense, the Secretary of State, and the Director of National Intelligence, shall prescribe regulations governing the investigation, apprehension, detention, delivery, and removal of persons described in sections 3271 and 3272 of this title.''. (b) Conforming Amendment.--The heading of chapter 212A of such title is amended to read as follows: ``CHAPTER 212A--EXTRATERRITORIAL JURISDICTION OVER OFFENSES OF CONTRACTORS AND CIVILIAN EMPLOYEES OF THE FEDERAL GOVERNMENT''. (c) Clerical Amendments.-- (1) Table of sections.--The table of sections at the beginning of chapter 212A of title 18, United States Code, is amended by striking the item relating to section 3272 and inserting the following new items: ``3272. Offenses committed by Federal contractors and employees outside the United States. ``3273. Regulations.''. (2) Table of chapters.--The item relating to chapter 212A in the table of chapters at the beginning of part II of such title is amended to read as follows: ``212A. Extraterritorial Jurisdiction Over Offenses of 3271''. Contractors and Civilian Employees of the Federal Government. SEC. 3. INVESTIGATIVE UNITS FOR CONTRACTOR AND EMPLOYEE OVERSIGHT. (a) Establishment of Investigative Units for Contractor and Employee Oversight.-- (1) In general.--The Attorney General, in consultation with the Secretary of Defense, the Secretary of State, the Secretary of Homeland Security, and the heads of any other departments or agencies of the Federal Government responsible for employing contractors or persons overseas-- (A) shall assign adequate personnel and resources through the creation of units (to be known as ``Investigative Units for Contractor and Employee Oversight'') to investigate allegations of criminal offenses under chapter 212A of title 18, United States Code (as amended by section 2(a) of this Act), and may authorize the overseas deployment of law enforcement agents and other government personnel for that purpose; and (B) shall include in the regulations prescribed under section 3273 of title 18, United States Code (as added by section 2(a) of this Act), provisions setting forth responsibility for the investigation of any incident in which-- (i) a weapon is allegedly discharged unlawfully by a person, while employed by or accompanying any department or agency of the United States other than the Armed Forces; or (ii) a person or persons are killed or seriously injured, or property valued greater than $10,000 is destroyed, as a result of conduct by a person, while employed by or accompanying any department or agency of the United States other than the Armed Forces. (2) Rule of construction.--Nothing in this subsection shall be construed to limit any authority of the Attorney General or any Federal law enforcement agency to investigate violations of Federal law or deploy personnel overseas. (b) Responsibilities of Attorney General.-- (1) Investigation.--The Attorney General shall have principal authority for the enforcement of chapter 212A of title 18, United States Code (as so amended), and shall have the authority to initiate, conduct, and supervise investigations of any alleged offenses under such chapter. (2) Arrest.--The Attorney General may designate and authorize any person serving in a law enforcement position in the Department of Justice or any person serving in a law enforcement position in any other department or agency of the Federal Government, including a member of the Diplomatic Security Service of the Department of State or a military police officer of the Armed Forces, to arrest outside the United States, in accordance with applicable international treaties, any person described in section 3271 or 3272 of title 18, United States Code (as so amended), if there is probable cause to believe such person committed an offense or offenses in such section 3271 or 3272. (3) Prosecution.--The Attorney General may establish such procedures the Attorney General considers appropriate to ensure that Federal law enforcement agencies refer offenses under section 3271 or 3272 of title 18, United States Code (as so amended), to the Attorney General for prosecution in a uniform and timely manner. (4) Assistance on request of attorney general.-- Notwithstanding any statute, rule, or regulation to the contrary, the Attorney General may request assistance from the Secretary of Defense, the Secretary of State, or the head of any other Executive agency to enforce section 3271 or 3272 of title 18, United States Code (as so amended). The assistance requested may include the following: (A) The assignment of additional personnel and resources to an Investigative Unit for Contractor and Employee Oversight established by the Attorney General under subsection (a). (B) An investigation into alleged misconduct or arrest of an individual suspected of alleged misconduct by agents of the Diplomatic Security Service of the Department of State present in the nation in which the alleged misconduct occurs. (5) Annual report.--Not later than one year after the date of the enactment of this Act, and annually thereafter for five years, the Attorney General shall, in consultation with the Secretary of Defense and the Secretary of State, submit to Congress a report containing the following: (A) The number of offenses under chapter 212A of title 18, United States Code (as so amended), received, investigated, and referred for prosecution by Federal law enforcement authorities during the previous year. (B) The number of prosecutions under chapter 212A of title 18, United States Code (as so amended), including the nature of the offenses and any dispositions reached, during the previous year. (C) The number, location, and any deployments of Investigative Units for Contractor and Employee Oversight to investigate offenses under chapter 212A of title 18, United States Code (as so amended), during the previous year. (D) Such recommendations for legislative or administrative action as the Attorney General considers appropriate to enforce chapter 212A of title 18, United States Code (as so amended), and the provisions of this section. (c) Executive Agency.--In this section, the term ``Executive agency'' has the meaning given that term in section 105 of title 5, United States Code. SEC. 4. EFFECTIVE DATE. (a) Immediate Effectiveness.--This Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Implementation.--The Attorney General and the head of any other department or agency of the Federal Government to which this Act applies shall have 90 days after the date of the enactment of this Act to ensure compliance with the provisions of this Act. SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act or any amendment made by this Act shall be construed to limit or affect the application of extraterritorial jurisdiction related to any other Federal law. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. For each of the fiscal years 2010 through 2015, there are authorized to be appropriated to the Attorney General such sums as are necessary to carry out this Act.

Civilian Extraterritorial Jurisdiction Act (CEJA) of 2010 - Amends the federal criminal code to grant jurisdiction over and impose penalties on federal contractors and employees who commit certain crimes outside of the United States while employed by or accompanying any agency of the United States other than the Armed Forces. Sets forth the crimes under federal law that are covered by this Act. Directs the Attorney General to: (1) assign personnel and resources through Investigative Units for Contractor and Employee Oversight to investigate allegations of criminal offenses by federal contractors and employees; and (2) report to Congress annually on the number of criminal cases received, investigated, and referred for prosecution. Grants the Attorney General principal authority for the enforcement of this Act.

{"src": "billsum_train", "title": "To amend title 18, United States Code, to provide accountability for the criminal acts of Federal contractors and employees outside the United States, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``UNRWA Integrity Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) was established in 1949 as a temporary agency to provide relief services to Palestinian refugees and is the only United Nations agency dedicated to one specific group of refugees. (2) Unlike the United Nations High Commissioner for Refugees which seeks to find ``lasting solutions'' to the plight of refugees, UNRWA makes no effort to resettle Palestinian refugees. (3) Since 1950, the United States has contributed more than $2 billion to UNRWA. (4) In 2005, the United States contributed $108 million to UNRWA, constituting approximately one-fourth of UNRWA's 2005 budget. (5) UNRWA has never permitted an independent third party audit by an internationally-recognized auditing firm. (6) The last audit conducted by UNRWA's own Board of Auditors and certified by the United Nations Board of Auditors provided only summary totals which were vague and in addition left at least $43 million in expenditures completely undefined. SEC. 3. LIMITATIONS ON UNITED STATES VOLUNTARY CONTRIBUTIONS TO UNRWA. (a) Amendment.--Section 301 of the Foreign Assistance Act of 1961 (22 U.S.C. 2221) is amended by inserting after subsection (a) the following new subsection: ``(b) Voluntary Contributions to UNRWA.-- ``(1) Limitation.-- ``(A) In general.--Subject to subparagraph (B), voluntary contributions by the United States to the regular budget of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), or to any successor or related entity, may be provided only during a period for which a certification described in paragraph (2) is in effect. ``(B) Waiver.--The President may waive the limitation requirement of subparagraph (A) for a period not to exceed 180 days if the President determines that it is the national security interests of the United States to do so and notifies Congress of such determination. ``(2) Certification.--A certification described in this paragraph is a certification transmitted by the President to Congress that contains a determination of the President that UNRWA-- ``(A) is not an impediment to achieving a lasting solution for Palestinian refugees in the West Bank and Gaza and moving such refugees to post-refugee status; ``(B) is subject to comprehensive financial audits by an internationally-recognized third party independent auditing firm; ``(C) does not knowingly provide employment, refuge, freedom of movement, cash assistance, food assistance, housing rehabilitation assistance, or any other type of social services assistance to members of foreign terrorist organizations; and ``(D) does not promote anti-Semitism or the denial of the right of Israel to exist. ``(3) Recertifications.--Not later than 180 days after the date on which the President transmits to Congress an initial certification under paragraph (2), and every 180 days thereafter-- ``(A) the President shall transmit to Congress a recertification that the requirements contained in paragraph (2) are continuing to be met; or ``(B) if the President is unable to make such a recertification, the President shall transmit to Congress a report that contains the reasons therefor. ``(4) Congressional notification.--Voluntary contributions by the United States to the regular budget of UNRWA, or to any successor or related entity, may not be provided until 15 days after the date on which the President has provided notice thereof to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and to the Committee on Foreign Relations and the Committee on Appropriations of the Senate in accordance with the procedures applicable to reprogramming notifications under section 634A(a) of this Act. ``(5) Definition.--In this subsection, the term `foreign terrorist organization' means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)).''. (b) Effective Date.--The requirements of subsection (b) of section 301 of the Foreign Assistance Act of 1961, as added by subsection (a) of this section, apply with respect to voluntary contributions by the United States to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), or to any successor or related entity, for fiscal year 2007 and each subsequent fiscal year. SEC. 4. REPORT. Not later than one year after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report on-- (1) the extent to which Palestinian refugees and United States interests are served by activities of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), including a determination as to whether-- (A) UNRWA contributes to a solution to the refugee problem or perpetuates the refugee problem; and (B) UNRWA programs encourage or discourage Palestinians from moving out of refugee camps and pursuing an economically independent existence; (2) the extent to which UNRWA includes in its educational materials or other programs anti-Semitic elements or elements that promote the denial of the right of Israel to exist; (3) a long-term plan for providing jobs and housing for Palestinian refugees and for phasing out services provided by UNRWA; (4) a plan for ensuring that educational materials used at UNRWA-administered schools do not promote anti-Semitism or the denial of the right of Israel to exist; and (5) the efforts of the Secretary to encourage other donors to UNRWA to support the plans described in paragraphs (3) and (4).

UNRWA Integrity Act - Amends the Foreign Assistance Act of 1961 to provide that voluntary U.S. contributions to the regular budget of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) may be provided only during a period for which the President certifies to Congress that UNRWA: (1) is not an impediment to achieving a lasting solution for Palestinian refugees in the West Bank and Gaza and moving such refugees to post-refugee status; (2) is subject to comprehensive, independent financial audits; (3) does not knowingly provide employment, refuge, freedom of movement, cash assistance, food assistance, housing rehabilitation assistance, or any other type of social services assistance to members of foreign terrorist organizations; and (4) does not promote anti-Semitism or the denial of Israel's right to exist. Authorizes a maximum 180-day waiver of such limitation for U.S. national security interests. Requires recertification not later than 180 days after the initial certification and every 180 days thereafter. Requires a report by the Secretary of State to Congress respecting the extent to which UNRWA: (1) serves Palestinian refugee and U.S. interests; and (2) includes in its educational materials anti-Semitic or anti-Israel elements.

{"src": "billsum_train", "title": "To amend the Foreign Assistance Act of 1961 to assist Palestinian refugees in the West Bank and Gaza to move to post-refugee status, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expatriation Prevention by Abolishing Tax-Related Incentives for Offshore Tenancy'' or the ``Ex- PATRIOT Act''. SEC. 2. TAXATION OF CAPITAL GAINS OF NONRESIDENT ALIEN EXPATRIATES. (a) In General.--Paragraph (2) of section 871(a) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Capital gains.-- ``(A) In general.--In the case of-- ``(i) a nonresident alien individual present in the United States for a period or periods aggregating 183 days or more during the taxable year, or ``(ii) a specified expatriate, there is hereby imposed for such year a tax of 30 percent of the amount by which his gains, derived from sources within the United States, from the sale or exchange at any time during such year of capital assets exceed his losses, allocable to sources within the United States, from the sale or exchange at any time during such year of capital assets. For purposes of this paragraph, gains and losses shall be taken into account only if, and to the extent that, they would be recognized and taken into account if such gains and losses were effectively connected with the conduct of a trade or business within the United States, except that such gains and losses shall be determined without regard to section 1202 and such losses shall be determined without the benefits of the capital loss carryover provided in section 1212. Any gain or loss which is taken into account in determining the tax under paragraph (1) or subsection (b) shall not be taken into account in determining the tax under this paragraph. For purposes of this paragraph, a nonresident alien individual or specified expatriate not engaged in trade or business within the United States who has not established a taxable year for any prior period shall be treated as having a taxable year which is the calendar year. ``(B) Coordination with section 877a.--For purposes of subparagraph (A), in determining the amount of any gain or loss on the sale or exchange of any asset which is held by a specified expatriate and which was subject to section 877A, the basis in such asset shall be considered to be the fair market value of such asset on the day before the expatriation date (as defined in section 877A(g)(3)). ``(C) Specified expatriate.-- ``(i) In general.--For purposes of subparagraph (A), the term `specified expatriate' means, with respect to any taxable year, any covered expatriate (as defined in section 877A(g)(1)) whose expatriation date (as defined in section 877A(g)(3)) occurs after the date which is 10 years prior to the date of the enactment of this subparagraph. ``(ii) Exception.--An individual shall not be considered a specified expatriate if such individual establishes to the satisfaction of the Secretary that the loss of such individual's United States citizenship did not result in a substantial reduction in taxes.''. (b) Withholding.--Subsection (b) of section 1441 of the Internal Revenue Code of 1986 is amended by inserting ``gains subject to tax under section 871(a)(2) by reason of subparagraph (A)(ii) thereof,'' after ``section 871(a)(1)(D),''. (c) Effective Dates.-- (1) Taxation.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. (2) Withholding.--The amendment made by subsection (b) shall apply to payments made after the date of the enactment of this Act. SEC. 3. FORMER CITIZENS WHO RENOUNCED CITIZENSHIP TO AVOID TAXATION. (a) Inadmissibility of Former Citizens.--Section 212(a)(10)(E) of the Immigration and Nationality Act (8 U.S.C. 212(a)(10)(E)) is amended to read as follows: ``(E) Former citizens who renounced citizenship to avoid taxation.-- ``(i) In general.--Any alien who is determined by the Secretary of the Treasury to be a specified expatriate is inadmissible. ``(ii) Specified expatriate.--In this subparagraph, the term `specified expatriate' has the meaning given that term in section 871(a)(2)(C) of the Internal Revenue Code of 1986. ``(iii) Notification of excepted individuals.--The Secretary of the Treasury shall notify the Secretary of State and the Secretary of Homeland Security of the name of each individual who the Secretary of the Treasury has determined is not a specified expatriate under section 871(a)(2)(C)(ii) of the Internal Revenue Code of 1986.''. (b) Prohibition on Waiver of Inadmissibility.-- (1) In general.--Section 212(d)(3) of the Immigration and Nationality Act (8 U.S.C. 212(d)(3)) is amended-- (A) by striking ``Attorney General'' each place that term appears and inserting ``Secretary of Homeland Security''; and (B) in subparagraph (A)-- (i) in clause (i), by striking ``and clauses (i) and (ii) of paragraph (3)(E)'' and inserting ``(3)(E)(i), (3)(E)(ii), or (10)(E)''; and (ii) in clause (ii), by striking ``and clauses (i) and (ii) of paragraph (3)(E)'' and inserting ``(3)(E)(i), (3)(E)(ii), or (10)(E)''. (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury, or the Secretary's delegate, shall submit to Congress a report with recommendations (made in consultation with the Secretary of State and the Secretary of Homeland Security) for implementing a policy under which an individual who is a specified expatriate (as defined in section 871(a)(2)(C) of the Internal Revenue Code of 1986) may be granted a waiver of inadmissibility under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) if such individual satisfies requirements relating to such individual's tax status, such as a tax or penalty equal to the loss in tax revenue to the United States resulting from such individual's loss of United States citizenship.

Expatriation Prevention by Abolishing Tax-Related Incentives for Offshore Tenancy or the Ex-PATRIOT Act - Amends the Internal Revenue Code to impose a 30% tax and withholding on capital gains income realized by a nonresident alien individual present in the United States for periods aggregating 183 days or more or an expatriate who has renounced his or her U.S. citizenship for tax avoidance purposes (specified expatriate). Amends the Immigration and Nationality Act to: (1) render a specified expatriate inadmissible to the United States, and (2) prohibit any waiver of such inadmissibility. Directs the Secretary of the Treasury, in consultation with the Secretaries of State and Homeland Security (DHS), to develop a policy for granting a waiver of inadmissibility to a specified expatriate who satisfies a tax liability related to such expatriate's renunciation of of U.S. citizenship.

{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide that persons renouncing citizenship for a substantial tax avoidance purpose shall be subject to tax and withholding on capital gains, to provide that such persons shall not be admissible to the United States, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Responsibility, Accountability, and Consistency Act of 2009''. SEC. 2. EXPANSION OF INFORMATION REPORTING REQUIREMENTS. (a) In General.--Section 6041 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsections: ``(h) Application to Corporations.--Notwithstanding any regulation prescribed by the Secretary before the date of the enactment of this subsection, for purposes of this section the term `person' includes any corporation that is not an organization exempt from tax under section 501(a). ``(i) Regulations.--The Secretary may prescribe such regulations and other guidance as may be appropriate or necessary to carry out the purposes of this section, including rules to prevent duplicative reporting of transactions.''. (b) Payments for Property and Other Gross Proceeds.--Subsection (a) of section 6041 of the Internal Revenue Code of 1986 is amended-- (1) by inserting ``amounts in consideration for property,'' after ``wages,'', (2) by inserting ``gross proceeds,'' after ``emoluments, or other'', and (3) by inserting ``gross proceeds,'' after ``setting forth the amount of such''. (c) Effective Date.--The amendments made by this section shall apply to payments made after December 31, 2011. SEC. 3. DETERMINATION OF ELIGIBILITY FOR SAFE HARBOR TREATMENT OF INDIVIDUALS AS NON-EMPLOYEES FOR PURPOSES OF EMPLOYMENT TAXES. (a) In General.--Chapter 25 of the Internal Revenue Code of 1986 (relating to general provisions relating to employment taxes) is amended by adding at the end the following new section: ``SEC. 3511. SAFE HARBOR. ``(a) Termination of Certain Employment Tax Liability.-- ``(1) In general.--If-- ``(A) for purposes of employment taxes, the taxpayer did not treat an individual as an employee for any period, and ``(B) in the case of periods after December 31, 1978, all Federal tax returns (including information returns) required to be filed by the taxpayer with respect to such individual for such period are filed on a basis consistent with the taxpayer's treatment of such individual as not being an employee, then, for purposes of applying such taxes for such period with respect to the taxpayer, the individual shall be deemed not to be an employee unless the taxpayer had no reasonable basis for not treating such individual as an employee. This paragraph shall not apply with respect to an individual for any periods beginning after the date of notice of a determination that such individual should be treated as an employee of the taxpayer. ``(2) Statutory standards for satisfying the requirements of paragraph (1).--For purposes of paragraph (1), a taxpayer shall be treated as having a reasonable basis for not treating an individual as an employee only if-- ``(A) the taxpayer's treatment of such individual was in reasonable reliance on-- ``(i) a written determination issued to the taxpayer addressing the employment status of such individual or another individual holding a substantially similar position with the taxpayer, or ``(ii) a concluded examination (for employment tax purposes) of whether such individual (or another individual holding a substantially similar position) should be treated as an employee of the taxpayer, with respect to which there was no determination that such individual (or another individual holding a substantially similar position) should be treated as an employee, and ``(B) the taxpayer (or a predecessor) has not treated any other individual holding a substantially similar position as an employee for purposes of employment taxes for any period beginning after December 31, 1977. ``(b) Definitions.--For purposes of this section-- ``(1) Employment tax.--The term `employment tax' means any tax imposed by this subtitle. ``(2) Employment status.--The term `employment status' means the status of an individual, under the usual common law rules applicable in determining the employer-employee relationship, as an employee or as an independent contractor (or other individual who is not an employee). ``(c) Special Rules for Application of Section.-- ``(1) Notice of availability of section.--An officer or employee of the Internal Revenue Service shall, before or at the commencement of any examination relating to the employment status of one or more individuals who perform services for the taxpayer, provide the taxpayer with a written notice of the provisions of this section. ``(2) Rules relating to statutory standards.--For purposes of subsection (a)(2), with respect to any period beginning after the date of the enactment of this paragraph, a taxpayer may not rely on an examination commenced, or a written determination issued, if-- ``(A) the controlling facts and circumstances that formed the basis of a determination of employment status have changed or were misrepresented by the taxpayer, or ``(B) the Secretary subsequently issues contrary guidance relating to the determination of employment status that has bearing on the facts and circumstances that formed the basis of a determination of employment status. ``(3) Substantially similar position.--For purposes of this section, the determination as to whether an individual holds a position substantially similar to a position held by another individual shall be made by the Secretary in a manner consistent with the Fair Labor Standards Act of 1938. ``(d) Burden of Proof.--A taxpayer must establish entitlement to relief under this section by a preponderance of the evidence. ``(e) Petitions for Review of Status.-- ``(1) In general.--Under procedures established by the Secretary not later than 1 year after the date of the enactment of this section, any individual who performs services for a taxpayer may petition (either personally or through a designated representative or attorney) for a determination of the individual's status for employment tax purposes. ``(2) Administrative procedures.--The procedures established under paragraph (1) shall provide for-- ``(A) a determination of status not later than 90 days after the filing of the petition with respect to employment in any industry (such as the construction industry) in which employment is transient, casual, or seasonal, and ``(B) an administrative appeal of any determination that an individual is not an employee of the taxpayer. ``(3) Duty to seek service provider information.--In the case of a request by a taxpayer for a determination of an individual's status for employment tax purposes, the Secretary shall, to the extent practicable-- ``(A) seek to obtain from such individual information relating to the individual's performance of services for the taxpayer, and ``(B) provide written notice to the individual detailing any written determination of the individual's status for employment tax purposes. ``(f) Results of Misclassification Determinations.--In any case in which the Secretary determines that a taxpayer has misclassified an individual as not an employee for employment tax purposes, the Secretary shall inform the Secretary of Labor about such misclassification and notify the individual of any eligibility for the refund of self-employment taxes under chapter 2. ``(g) Regulations.--The Secretary shall, not later than 1 year after the date of the enactment of this section, prescribe such regulations as may be necessary and appropriate to carry out the purposes of this section.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 7436(a) of such Code is amendment by striking ``section 530 of the Revenue Act of 1978'' and inserting ``section 3511''. (2) The table of sections for chapter 25 of such Code is amended by adding at the end the following new item: ``Sec. 3511. Safe harbor.''. (c) Termination of Section 530 of the Revenue Act of 1978.--Section 530 of the Revenue Act of 1978 shall not apply to services rendered more than 1 year after the date of the enactment of this Act. (d) Effective Date.--The amendments made by this section shall apply to services rendered more than 1 year after the date of the enactment of this Act. SEC. 4. ANNUAL REPORTS ON WORKER MISCLASSIFICATION. The Secretary of the Treasury shall issue an annual report on worker misclassification. Such report shall include the following: (1) Information on the number and type of enforcement actions against, and examinations of, employers who have misclassified workers. (2) Relief obtained as a result of such actions against, and examinations of, employers who have misclassified workers. (3) An overall estimate of the number of employers misclassifying workers, the number of workers affected, and the industries involved. (4) The impact of such misclassification on the Federal tax system. (5) Information on the outcomes of the petitions filed under section 3511(e) of the Internal Revenue Code of 1986. SEC. 5. INCREASE IN INFORMATION RETURN PENALTIES. (a) Failure To File Correct Information Returns.-- (1) In general.--Section 6721(a)(1) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``$50'' and inserting ``$250'', and (B) by striking ``$250,000'' and inserting ``$3,000,000''. (2) Reduction where correction in specified period.-- (A) Correction within 30 days.--Section 6721(b)(1) of such Code is amended-- (i) by striking ``$15'' and inserting ``$50'', (ii) by striking ``$50'' and inserting ``$250'', and (iii) by striking ``$75,000'' and inserting ``$500,000''. (B) Failures corrected on or before august 1.-- Section 6721(b)(2) of such Code is amended-- (i) by striking ``$30'' and inserting ``$100'', (ii) by striking ``$50'' and inserting ``$250'', and (iii) by striking ``$150,000'' and inserting ``$1,500,000''. (3) Lower limitation for persons with gross receipts of not more than $5,000,000.--Section 6721(d)(1) of such Code is amended-- (A) in subparagraph (A)-- (i) by striking ``$100,000'' and inserting ``$1,000,000'', and (ii) by striking ``$250,000'' and inserting ``$3,000,000'', (B) in subparagraph (B)-- (i) by striking ``$25,000'' and inserting ``$175,000'', and (ii) by striking ``$75,000'' and inserting ``$500,000'', and (C) in subparagraph (C)-- (i) by striking ``$50,000'' and inserting ``$500,000'', and (ii) by striking ``$150,000'' and inserting ``$1,500,000''. (4) Penalty in case of intentional disregard.--Section 6721(e) of such Code is amended-- (A) by striking ``$100'' in paragraph (2) and inserting ``$500'', and (B) by striking ``$250,000'' in paragraph (3)(A) and inserting ``$3,000,000''. (b) Failure To Furnish Correct Payee Statements.-- (1) In general.--Section 6722(a) of such Code is amended-- (A) by striking ``$50'' and inserting ``$250'', and (B) by striking ``$100,000'' and inserting ``$1,000,000''. (2) Penalty in case of intentional disregard.--Section 6722(c) of such Code is amended-- (A) by striking ``$100'' in paragraph (1) and inserting ``$500'', and (B) by striking ``$100,000'' in paragraph (2)(A) and inserting ``$1,000,000''. (c) Failure To Comply With Other Information Reporting Requirements.--Section 6723 of such Code is amended-- (1) by striking ``$50'' and inserting ``$250'', and (2) by striking ``$100,000'' and inserting ``$1,000,000''. (d) Effective Date.--The amendments made by this section shall apply with respect to information returns required to be filed after December 31, 2009.

Taxpayer Responsibility, Accountability and Consistency Act of 2009 - Amends the Internal Revenue Code to: (1) require reporting to the Internal Revenue Service (IRS) of payments (including payments of amounts in consideration for property or of gross proceeds) of $600 or more made by or to corporations (other than tax-exempt organizations); (2) set forth safe harbor criteria and rules relating to the treatment of workers as employees or independent contractors; and (3) increase penalties for failure to file correct tax return information or comply with other information reporting requirements. Requires the Secretary of the Treasury to issue an annual report on worker misclassification.

{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to modify the rules relating to the treatment of individuals as independent contractors or employees, and for other purposes."}