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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hopewell Township Investment Act of
1995''.
SEC. 2. CONVEYANCE OF LAND.
(a) Administrator of General Services.--Subject to sections 3 and
4, the Administrator of General Services (hereinafter in this Act
referred to as the ``Administrator'') shall convey, without
compensation, to a nonprofit organization known as the ``Beaver County
Corporation for Economic Development'' all right, title, and interest
of the United States in and to those pieces or parcels of land in
Hopewell Township, Pennsylvania, described in subsection (b), together
with all improvements thereon and appurtenances thereto. The purpose of
the conveyance is to provide a site for economic development in
Hopewell Township.
(b) Property Description.--The land referred to in subsection (a)
is the parcel of land in the township of Hopewell, county of Beaver,
Pennsylvania, bounded and described as follows:
(1) Beginning at the southwest corner at a point common to
Lot No. 1, same plan, lands now or formerly of Frank and
Catherine Wutter, and the easterly right-of-way line of
Pennsylvania Legislative Route No. 60 (Beaver Valley
Expressway); thence proceeding by the easterly right-of-way of
Pennsylvania Legislative Route No. 60 by the following three
courses and distances:
(A) North 17 degrees, 14 minutes, 20 seconds West,
213.10 feet to a point.
(B) North 72 degrees, 45 minutes, 40 seconds East,
30.00 feet to a point.
(C) North 17 degrees, 14 minutes, 20 seconds West,
252.91 feet to a point; on a line dividing Lot No. 1
from the other part of Lot No. 1, said part now called
Lot No. 5, same plan; thence by last mentioned dividing
line, North 78 degrees, 00 minutes, 00 seconds East;
135.58 to a point, a cul-de-sac on Industrial Drive;
thence by said cul-de-sac and the southerly side of
Industrial Drive by the following courses and
distances:
(i) By a curve to the right having a radius
of 100.00 feet for an arc distance of 243.401
feet to a point.
(ii) Thence by a curve to the right having
a radius of 100.00 feet for an arc distance of
86.321 feet to a point.
(iii) Thence by 78 degrees, 00 minutes, 00
seconds East, 777.78 feet to a point.
(iv) Thence, North 12 degrees, 00 minutes,
00 seconds West, 74.71 feet to a point.
(v) Thence by a curve to the right, having
a radius of 50.00 feet for an arc distance of
78.54 feet to a point.
(vi) Thence North 78 degrees, 00 minutes,
00 seconds East, 81.24 feet to a point.
(vii) Thence by a curve to the right,
having a radius of 415.00 feet for an arc
distance of 140.64 feet to a point.
(viii) Thence, South 82 degrees, 35
minutes, 01 second East, 125.00 feet to a
point.
(ix) Thence, South 7 degrees, 24 minutes,
59 seconds West, 5.00 feet to a point.
(x) Thence by a curve to the right, having
a radius of 320.00 feet for an arc distance of
256.85 feet to a point.
(xi) Thence by a curve to the right having
a radius of 50.00 feet for an arc distance of
44.18 feet to a point on the northerly side of
Airport Road.
(2) Thence by the northerly side thereof by the following:
(A) South 14 degrees, 01 minute, 54 seconds West,
56.94 feet to a point.
(B) Thence by a curve to the right having a radius
of 225.00 feet for an arc distance of 207.989 feet to a
point.
(C) Thence South 66 degrees, 59 minutes, 45 seconds
West, 192.08 feet to a point on the southern boundary
of Lot No. 1, which line is also the line dividing Lot
No. 1 from lands now or formerly, of Frank and
Catherine Wutter.
(3) Thence by the same, South 75 degrees, 01 minutes, 00
seconds West, 1,351.23 feet to a point at the place of
beginning.
(c) Date of Conveyance.--The date of the conveyance of property
required under subsection (a) shall be not later than the 90th day
following the date of the enactment of this Act.
(d) Conveyance Terms.--
(1) Terms and conditions.--The conveyance of property
required under subsection (a) shall be subject to such terms
and conditions as may be determined by the Administrator to be
necessary to safeguard the interests of the United States. Such
terms and conditions shall be consistent with the terms and
conditions set forth in this Act.
(2) Quitclaim deed.--The conveyance of property required
under subsection (a) shall be by quitclaim deed.
SEC. 3. LIMITATION ON CONVEYANCE.
No part of any land conveyed under section 2 may be used, during
the 30-year period beginning on the date of conveyance, for any purpose
other than economic development.
SEC. 4. REVERSIONARY INTEREST.
(a) In General.--The property conveyed under section 2 shall revert
to the United States on any date in the 30-year period beginning on the
date of such conveyance on which the property is used for a purpose
other than economic development.
(b) Enforcing Reversion.--The Administrator shall perform all acts
necessary to enforce any reversion of property to the United States
under this section.
(c) Inventory of Public Buildings Service.--Property that reverts
to the United States under this section shall be under the control of
the General Services Administration.
Passed the House of Representatives December 5, 1995.
Attest:
ROBIN H. CARLE,
Clerk.
By Linda Nave,
Deputy Clerk. | Hopewell Township Investment Act of 1995 - Requires the Administrator of General Services to convey, without compensation, certain land in Hopewell Township, Pennsylvania, to the Beaver County Corporation for Economic Development.
Provides that such land shall revert to the United States if, in the 30-year period beginning on the conveyance date, the land is used for purposes other than economic development. | {"src": "billsum_train", "title": "Hopewell Township Investment Act of 1995"} | 1,409 | 82 | 0.540506 | 1.479603 | 0.936691 | 3.708333 | 17.111111 | 0.930556 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women's Procurement Program
Equalization Act of 2013''.
SEC. 2. WOMEN'S PROCUREMENT PROGRAM EQUALIZATION.
Section 8(m) of the Small Business Act (15 U.S.C. 637(m)) is
amended--
(1) in paragraph (2), so that subparagraph (E) reads as
follows:
``(E) each of the concerns--
``(i) is certified by a Federal agency, a
State government, or a national certifying
entity approved by the Administrator, as a
small business concern owned and controlled by
women; or
``(ii) is certified by the Administrator as
a small business concern owned and controlled
by women.''; and
(2) by adding at the end the following:
``(7) Sole source contracts for economically disadvantaged
women-owned small businesses.--In accordance with this section,
a contracting officer may award a sole source contract to any
small business concern meeting the requirements of section
8(m)(2)(A) of this Act if--
``(A) such concern is determined to be a
responsible contract with respect to performance of
such contract opportunity and the contracting officer
does not have a reasonable expectation that 2 or more
businesses meeting the requirements of section
8(m)(2)(A) will submit offers;
``(B) the anticipated award price of the contract
(including options) will not exceed--
``(i) $6,500,000 in the case of a contract
opportunity assigned a standard industrial code
for manufacturing; or
``(ii) $4,000,000 in the case of any other
contract opportunity; and
``(C) in the estimation of the contracting officer,
the contract award can be made at a fair and reasonable
price.
``(8) Sole source contracts for women owned small
businesses in substantially underrepresented industries.--In
accordance with this section, a contracting officer may award a
sole source contract to any small business concerns meeting the
requirements of section 8(m)(3) of this Act if--
``(A) such concern is determined to be a
responsible contract with respect to performance of
such contract opportunity and the contracting officer
does not have a reasonable expectation that 2 or more
businesses meeting the requirements of section 8(m)(3)
will submit offers;
``(B) the anticipated award price of the contract
(including options) will not exceed--
``(i) $6,500,000 in the case of a contract
opportunity assigned a standard industrial code
for manufacturing; or
``(ii) $4,000,000 in the case of any other
contract opportunity; and
``(C) in the estimation of the contracting officer,
the contract award can be made at a fair and reasonable
price.''.
SEC. 3. REPORTING ON GOALS FOR PROCUREMENT CONTRACTS AWARDED TO SMALL
BUSINESS CONCERNS.
Section 15(h)(2)(E)(viii) of the Small Business Act (15 U.S.C. 644)
is amended to read as follows:
``(viii) small business concerns owned and
controlled by women--
``(I) in the aggregate;
``(II) through competitions
restricted to small business concerns;
``(III) through competitions
restricted using the authority under
section 8(m)(2);
``(IV) through competitions
restricted using the authority under
section 8(m)(2) and in which the waiver
authority under section 8(m)(3) was
used;
``(V) through sole source contracts
awarded using the authority under
section 8(m)(7);
``(VI) through sole source
contracts awarded using the authority
under section 8(m)(8) and in which the
waiver authority under section 8(m)(3)
was used;
``(VII) by industry in which the
contracts described in subclauses (III)
through (VI) were awarded; and
``(VIII) through unrestricted
competition; and''. | . Women's Procurement Program Equalization Act of 2013 - Amends the Small Business Act with respect to the procurement program for women-owned small businesses (providing a federal procurement contracting preference to such businesses) to condition a government contracting officer's authority to restrict competition for any such federal contract upon the Administrator of the Small Business Administration (SBA) certifying each of the businesses as a small business concern owned and controlled by women. (Currently, the small business concerns themselves certify to the contracting officer that they are such a business according to SBA standards.) Allows a contracting officer to award a sole source contract to any economically disadvantaged women-owned small business if: (1) the small business is determined to be responsible and the contracting officer does not expect two or more of such businesses to submit offers; (2) the anticipated contract price will not exceed $6.5 million in the case of a manufacturing contract, or $4 million in the case of all other contracts; and (3) the contract can be made at a fair and reasonable price. Provides identical contracting authority for women-owned small businesses in substantially underrepresented industries. Expands the reporting requirements with respect to small business procurement contracts to require federal agencies to submit annual reports to the Administrator regarding such sole source contracts as well as the industries within which various contracts were awarded. | {"src": "billsum_train", "title": "Women's Procurement Program Equalization Act of 2013"} | 889 | 288 | 0.697335 | 2.115831 | 0.786847 | 2.359073 | 3.092664 | 0.84556 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Low Income Housing Tax Credit Act of
2009''.
SEC. 2. ALLOWING LOW INCOME HOUSING CREDITS TO OFFSET 100 PERCENT OF
FEDERAL INCOME TAX LIABILITY.
(a) In General.--Subsection (c) of section 38 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(6) Allowing low income housing credit to offset 100
percent of federal income tax liability.--
``(A) In general.--In the case of applicable low
income housing credits--
``(i) this section shall be applied
separately with respect to such credits,
``(ii) in applying paragraph (1) to such
credits--
``(I) the tentative minimum tax
shall be treated as being zero, and
``(II) the limitation under
paragraph (1) (as modified by subclause
(I)) shall be the net income tax (as
defined in paragraph (1)) reduced by
the credit allowed under subsection (a)
for the taxable year (other than the
applicable low income housing credits),
and
``(iii) the excess credit for such taxable
year shall, solely for purposes of determining
the amount of such excess credit which may be
carried back to a preceding taxable year, be
increased by the amount of business credit
carryforwards which are carried to such taxable
year, to which this subparagraph applies, and
which are not allowed for such taxable year by
reason of the limitation under paragraph (1)
(as modified by clause (ii)).
``(B) Increase in limitation for taxable years to
which excess applicable low income housing credits are
carried back.--
``(i) In general.--Solely for purposes of
determining the portion of any excess credit
described in subparagraph (A)(iii) for which
credit will be allowed under subsection (a)(3)
for any preceding taxable year, the limitation
under paragraph (1) for such preceding taxable
year shall be determined under rules similar to
the rules described in subparagraph (A).
``(ii) Ordering rule.--If the excess credit
described in subparagraph (A)(iii) includes
business credit carryforwards from preceding
taxable years, such excess credit shall be
treated as allowed for any preceding taxable
year on a first-in first-out basis.
``(C) Applicable low income housing credits.--For
purposes of this subpart, the term `applicable low
income housing credits' means the credit determined
under section 42--
``(i) to the extent attributable to
buildings placed in service after the date of
the enactment of this subparagraph, and
``(ii) in the case of any other buildings,
for taxable years beginning in 2008, 2009, and
2010 (and to business credit carryforwards with
respect to such buildings carried to such
taxable years) to the extent provided in
subparagraph (D).
``(D) Previously placed in service buildings.--
``(i) In general.--Subparagraph (C)(ii)
shall apply to such credits for such a taxable
year only--
``(I) if the taxpayer and the
housing credit agency have entered into
an agreement, not later than the
applicable date, with respect to an
investment in a future project (which
is binding on such agency, the
taxpayer, and all successors in
interest) which specifies the dollar
amount of such investment and the
housing credit dollar amount to be
allocated to such project, and
``(II) to the extent such credits
do not exceed the dollar amount of such
proposed investment.
``(ii) Applicable date.--For purposes of
this subparagraph, the applicable date is--
``(I) in the case of taxable years
beginning in 2008 and 2009, September
15, 2010, or
``(II) in the case of a taxable
year beginning in 2010, the due date
(including extensions of time) for
filing the taxpayer's return for such
taxable year.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2007, and to carrybacks
of credits from such taxable years.
SEC. 3. FIVE-YEAR CARRYBACK OF LOW INCOME HOUSING CREDIT.
(a) In General.--Subsection (a) of section 39 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(4) 5-year carryback of low income housing credit.--
``(A) In general.--In the case of an applicable low
income housing credit--
``(i) this section shall be applied
separately from the business credit (other than
the low income housing credit), and
``(ii) paragraph (1) shall be applied by
substituting `each of the 5 taxable years' for
`the taxable year' in subparagraph (A)
thereof.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2007, and to carrybacks
of credits from such taxable years. | Low Income Housing Tax Credit Act of 2009 - Amends the Internal Revenue Code, with respect to the low income housing tax credit, to increase the offset of such credit against regular income tax liability and permit a five-year carryback of credit amounts. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow the low income housing credit to be carried back 5 years, and for other purposes."} | 1,162 | 54 | 0.570224 | 1.295357 | 0.822517 | 3.020833 | 22.291667 | 0.895833 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teacher Liability Protection Act''.
SEC. 2. TEACHER LIABILITY PROTECTION.
The Elementary and Secondary Education Act of 1965 (20 U.S.C 6301
et seq.) is amended by adding at the end the following:
``TITLE XV--TEACHER LIABILITY PROTECTION
``SEC. 15001. SHORT TITLE.
``This title may be cited as the `Teacher Liability Protection Act
of 2001'.
``SEC. 15002. FINDINGS AND PURPOSE.
``(a) Findings.--Congress makes the following findings:
``(1) The ability of teachers, principals and other school
professionals to teach, inspire and shape the intellect of our
Nation's elementary and secondary school students is deterred
and hindered by frivolous lawsuits and litigation.
``(2) Each year more and more teachers, principals and
other school professionals face lawsuits for actions undertaken
as part of their duties to provide millions of school children
quality educational opportunities.
``(3) Too many teachers, principals and other school
professionals face increasingly severe and random acts of
violence in the classroom and in schools.
``(4) Providing teachers, principals and other school
professionals a safe and secure environment is an important
part of the effort to improve and expand educational
opportunities.
``(5) Clarifying and limiting the liability of teachers,
principals and other school professionals who undertake
reasonable actions to maintain order, discipline and an
appropriate educational environment is an appropriate subject
of Federal legislation because--
``(A) the scope of the problems created by the
legitimate fears of teachers, principals and other
school professionals about frivolous, arbitrary or
capricious lawsuits against teachers is of national
importance; and
``(B) millions of children and their families
across the Nation depend on teachers, principals and
other school professionals for the intellectual
development of children.
``(b) Purpose.--The purpose of this title is to provide teachers,
principals and other school professionals the tools they need to
undertake reasonable actions to maintain order, discipline and an
appropriate educational environment.
``SEC. 15003. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY.
``(a) Preemption.--This title preempts the laws of any State to the
extent that such laws are inconsistent with this title, except that
this title shall not preempt any State law that provides additional
protection from liability relating to teachers.
``(b) Election of State Regarding Nonapplicability.--This title
shall not apply to any civil action in a State court against a teacher
with respect to claims arising within that State if such State enacts a
statute in accordance with State requirements for enacting
legislation--
``(1) citing the authority of this subsection;
``(2) declaring the election of such State that this title
shall not apply, as of a date certain, to such civil action in
the State; and
``(3) containing no other provisions.
``SEC. 15004. LIMITATION ON LIABILITY FOR TEACHERS.
``(a) Liability Protection for Teachers.--Except as provided in
subsections (b) and (c), no teacher in a school shall be liable for
harm caused by an act or omission of the teacher on behalf of the
school if--
``(1) the teacher was acting within the scope of the
teacher's employment or responsibilities related to providing
educational services;
``(2) the actions of the teacher were carried out in
conformity with local, State, and Federal laws, rules and
regulations in furtherance of efforts to control, discipline,
expel, or suspend a student or maintain order or control in the
classroom or school;
``(3) if appropriate or required, the teacher was properly
licensed, certified, or authorized by the appropriate
authorities for the activities or practice in the State in
which the harm occurred, where the activities were or practice
was undertaken within the scope of the teacher's
responsibilities;
``(4) the harm was not caused by willful or criminal
misconduct, gross negligence, reckless misconduct, or a
conscious, flagrant indifference to the rights or safety of the
individual harmed by the teacher; and
``(5) the harm was not caused by the teacher operating a
motor vehicle, vessel, aircraft, or other vehicle for which the
State requires the operator or the owner of the vehicle, craft,
or vessel to--
``(A) possess an operator's license; or
``(B) maintain insurance.
``(b) Concerning Responsibility of Teachers to Schools and
Governmental Entities.--Nothing in this section shall be construed to
affect any civil action brought by any school or any governmental
entity against any teacher of such school.
``(c) Exceptions to Teacher Liability Protection.--If the laws of a
State limit teacher liability subject to one or more of the following
conditions, such conditions shall not be construed as inconsistent with
this section:
``(1) A State law that requires a school or governmental
entity to adhere to risk management procedures, including
mandatory training of teachers.
``(2) A State law that makes the school or governmental
entity liable for the acts or omissions of its teachers to the
same extent as an employer is liable for the acts or omissions
of its employees.
``(3) A State law that makes a limitation of liability
inapplicable if the civil action was brought by an officer of a
State or local government pursuant to State or local law.
``(d) Limitation on Punitive Damages Based on the Actions of
Teachers.--
``(1) General rule.--Punitive damages may not be awarded
against a teacher in an action brought for harm based on the
action of a teacher acting within the scope of the teacher's
responsibilities to a school or governmental entity unless the
claimant establishes by clear and convincing evidence that the
harm was proximately caused by an action of such teacher which
constitutes willful or criminal misconduct, or a conscious,
flagrant indifference to the rights or safety of the individual
harmed.
``(2) Construction.--Paragraph (1) does not create a cause
of action for punitive damages and does not preempt or
supersede any Federal or State law to the extent that such law
would further limit the award of punitive damages.
``(e) Exceptions to Limitations on Liability.--
``(1) In general.--The limitations on the liability of a
teacher under this title shall not apply to any misconduct
that--
``(A) constitutes a crime of violence (as that term
is defined in section 16 of title 18, United States
Code) or act of international terrorism (as that term
is defined in section 2331 of title 18, United States
Code) for which the defendant has been convicted in any
court;
``(B) involves a sexual offense, as defined by
applicable State law, for which the defendant has been
convicted in any court;
``(C) involves misconduct for which the defendant
has been found to have violated a Federal or State
civil rights law; or
``(D) where the defendant was under the influence
(as determined pursuant to applicable State law) of
intoxicating alcohol or any drug at the time of the
misconduct.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to effect subsection (a)(3) or (d).
``SEC. 15005. LIABILITY FOR NONECONOMIC LOSS.
``(a) General Rule.--In any civil action against a teacher, based
on an action of a teacher acting within the scope of the teacher's
responsibilities to a school or governmental entity, the liability of
the teacher for noneconomic loss shall be determined in accordance with
subsection (b).
``(b) Amount of Liability.--
``(1) In general.--Each defendant who is a teacher, shall
be liable only for the amount of noneconomic loss allocated to
that defendant in direct proportion to the percentage of
responsibility of that defendant (determined in accordance with
paragraph (2)) for the harm to the claimant with respect to
which that defendant is liable. The court shall render a
separate judgment against each defendant in an amount
determined pursuant to the preceding sentence.
``(2) Percentage of responsibility.--For purposes of
determining the amount of noneconomic loss allocated to a
defendant who is a teacher under this section, the trier of
fact shall determine the percentage of responsibility of that
defendant for the claimant's harm.
``SEC. 15006. DEFINITIONS.
``For purposes of this title:
``(1) Economic loss.--The term `economic loss' means any
pecuniary loss resulting from harm (including the loss of
earnings or other benefits related to employment, medical
expense loss, replacement services loss, loss due to death,
burial costs, and loss of business or employment opportunities)
to the extent recovery for such loss is allowed under
applicable State law.
``(2) Harm.--The term `harm' includes physical,
nonphysical, economic, and noneconomic losses.
``(3) Noneconomic losses.--The term `noneconomic losses'
means losses for physical and emotional pain, suffering,
inconvenience, physical impairment, mental anguish,
disfigurement, loss of enjoyment of life, loss of society and
companionship, loss of consortium (other than loss of domestic
service), hedonic damages, injury to reputation and all other
nonpecuniary losses of any kind or nature.
``(4) School.--The term `school' means a public or private
kindergarten, a public or private elementary school or
secondary school (as defined in section 14101, or a home
school.
``(5) State.--The term `State' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands,
Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, any other territory or possession of the United
States, or any political subdivision of any such State,
territory, or possession.
``(6) Teacher.--The term `teacher' means a teacher,
instructor, principal, administrator, or other educational
professional that works in a school, a local school board and
any member of such board, and a local educational agency and
any employee of such agency.
``SEC. 15007. EFFECTIVE DATE.
``(a) In General.--This title shall take effect 90 days after the
date of the enactment of the Teacher Liability Protection Act.
``(b) Application.--This title applies to any claim for harm caused
by an act or omission of a teacher if that claim is filed on or after
the effective date of the Teacher Liability Protection Act, without
regard to whether the harm that is the subject of the claim or the
conduct that caused the harm occurred before such effective date.''. | Teacher Liability Protection Act - Teacher Liability Protection Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 to establish a new title XV, Teacher Liability Protection.Preempts State law except where it provides additional protection of teachers from liability. Makes this Act inapplicable to any civil action in State court against a teacher in which all parties are citizens of the State, if it enacts a statute electing that this Act not apply.Provides that no teacher in a school shall be liable, with specified exceptions, for harm caused by an act or omission on behalf of the school if the teacher was acting within the scope of employment or responsibilities relating to providing educational services. Limits punitive damages and liability for specified non-economic loss. | {"src": "billsum_train", "title": "To provide safer schools and a better educational environment."} | 2,443 | 177 | 0.513526 | 1.435471 | 0.722724 | 3.264286 | 16.1 | 0.892857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secure Handling of Ammonium Nitrate
Act of 2005''.
SEC. 2. FINDINGS.
Congress finds that--
(1) ammonium nitrate is an important fertilizer used to
produce a reliable and affordable food supply for the United
States and the world;
(2) in the wrong hands, ammonium nitrate may be used for
illegal activities;
(3) the production, importation, storage, sale, and
distribution of ammonium nitrate affects interstate and
intrastate commerce; and
(4) it is necessary to regulate the production, storage,
sale, and distribution of ammonium nitrate.
SEC. 3. DEFINITIONS.
In this Act:
(1) Ammonium nitrate.--The term ``ammonium nitrate'' means
solid ammonium nitrate that is chiefly the ammonium salt of
nitric acid and contains not less than 33 percent nitrogen, of
which--
(A) 50 percent is in ammonium form; and
(B) 50 percent is in nitrate form.
(2) Facility.--
(A) In general.--The term ``facility'' means any
site where ammonium nitrate is produced, stored, or
held for distribution, sale, or use.
(B) Inclusions.--The term ``facility'' includes--
(i) all buildings or structures used to
produce, store, or hold ammonium nitrate for
distribution, sale, or use at a single site;
and
(ii) multiple sites described in clause
(i), if the sites are--
(I) contiguous or adjacent; and
(II) owned or operated by the same
person.
(3) Handle.--The term ``handle'' means to produce, store,
sell, or distribute ammonium nitrate.
(4) Handler.--The term ``handler'' means any person that
produces, stores, sells, or distributes ammonium nitrate.
(5) Purchaser.--The term ``purchaser'' means any person
that purchases ammonium nitrate.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 4. REGULATION OF HANDLING AND PURCHASE OF AMMONIUM NITRATE.
(a) In General.--The Secretary may regulate the handling and
purchase of ammonium nitrate to prevent the misappropriation or use of
ammonium nitrate in violation of law.
(b) Regulations.--The Secretary may promulgate regulations that
require--
(1) handlers--
(A) to register facilities;
(B) to sell or distribute ammonium nitrate only to
handlers and purchasers registered under this Act; and
(C) to maintain records of sale or distribution
that include the name, address, telephone number, and
registration number of the immediate subsequent
purchaser of ammonium nitrate; and
(2) purchasers to be registered.
(c) Use of Previously Submitted Information.--Prior to requiring a
facility or handler to submit new information for registration under
this section, the Secretary shall--
(1) request from the Attorney General, and the Attorney
General shall provide, any information previously submitted to
the Attorney General by the facility or handler under section
843 of title 18, United States Code; and
(2) at the election of the facility or handler--
(A) use the license issued under that section in
lieu of requiring new information for registration
under this section; and
(B) consider the license to fully comply with the
requirement for registration under this section.
(d) Consultation.--In promulgating regulations under this section,
the Secretary shall consult with the Secretary to Agriculture to ensure
that the access of agricultural producers to ammonium nitrate is not
unduly burdened.
(e) Data Confidentiality.--
(1) In general.--Notwithstanding section 552 of title 5,
United States Code, or the USA PATRIOT ACT (Public Law 107-56;
115 Stat. 272) or an amendment made by that Act, except as
provided in paragraph (2), the Secretary may not disclose to
any person any information obtained from any facility, handler,
or purchaser--
(A) regarding any action taken, or to be taken, at
the facility or by the handler or purchaser to ensure
the secure handling of ammonium nitrate; or
(B) that would disclose--
(i) the identity or address of any purchase
of ammonium nitrate;
(ii) the quantity of ammonium nitrate
purchased; or
(iii) the details of the purchase
transaction.
(2) Exceptions.--The Secretary may disclose any information
described in paragraph (1)--
(A) to an officer or employee of the United States,
or a person that has entered into a contract with the
United States, who needs to know the information to
perform the duties of the officer, employee, or person,
or to a State agency pursuant to an arrangement under
section 6, under appropriate arrangements to ensure the
protection of the information;
(B) to the public, to the extent the Secretary
specifically finds that disclosure of particular
information is required in the public interest; or
(C) to the extent required by order of a Federal
court in a proceeding in which the Secretary is a
party, under such protective measures as the court may
prescribe.
SEC. 5. ENFORCEMENT.
(a) Inspections.--The Secretary, without a warrant, may enter any
place during business hours that the Secretary believes may handle
ammonium nitrate to determine whether the handling is being conducted
in accordance with this Act, including regulations promulgated under
this Act.
(b) Prevention of Sale or Distribution Order.--In any case in which
the Secretary has reason to believe that ammonium nitrate has been
handled other than in accordance with this Act, including regulations
promulgated under this Act, the Secretary may issue a written order
preventing any person that owns, controls, or has custody of the
ammonium nitrate from selling or distributing the ammonium nitrate.
(c) Appeal Procedures.--
(1) In general.--A person subject to an order under
subsection (b) may request a hearing to contest the order,
under such administrative adjudication procedures as the
Secretary may establish.
(2) Rescission.--If an appeal under paragraph (1) is
successful, the Secretary shall rescind the order.
(d) In Rem Proceedings.--The Secretary may institute in rem
proceedings in the United States district court for the district in
which the ammonium nitrate is located to seize and confiscate ammonium
nitrate that has been handled in violation of this Act, including
regulations promulgated under this Act.
SEC. 6. ADMINISTRATIVE PROVISIONS.
(a) Cooperative Agreements.--The Secretary may enter into a
cooperative agreement with the Secretary of Agriculture, or the head of
any State department of agriculture or other State agency that
regulates plant nutrients, to carry out this Act, including cooperating
in the enforcement of this Act through the use of personnel or
facilities.
(b) Delegation.--
(1) In general.--The Secretary may delegate to a State the
authority to assist the Secretary in the administration and
enforcement of this Act, including regulations promulgated
under this Act.
(2) Delegation required.--On the request of a Governor of a
State, the Secretary shall delegate to the State the authority
to carry out section 4 or 5, on a determination by the
Secretary that the State is capable of satisfactorily carrying
out that section.
(3) Funding.--If the Secretary enters into an agreement
with a State under this subsection to delegate functions to the
State, the Secretary shall provide to the State adequate funds
to enable the State to carry out the functions.
(4) Inapplicability.--Notwithstanding any other provision
of this subsection, this subsection does not authorize a State
to carry out a function under section 4 or 5 relating to a
facility or handler in the State that makes the election
described in section 4(c)(2).
SEC. 7. CIVIL LIABILITY.
(a) Unlawful Acts.--It is unlawful for any person--
(1) to fail to perform any duty required by this Act,
including regulations promulgated under this Act;
(2) to violate the terms of registration under this Act;
(3) to fail to keep any record, make any report, or allow
any inspection required by this Act; or
(4) to violate any sale or distribution order issued under
this Act.
(b) Penalties.--
(1) In general.--A person that violates this Act (including
a regulation promulgated under this Act) may only be assessed a
civil penalty by the Secretary of not more than $50,000 per
violation.
(2) Notice and opportunity for a hearing.--No civil penalty
shall be assessed under this Act unless the person charged has
been given notice and opportunity for a hearing on the charge
in the county, parish, or incorporated city of residence of the
person charged.
(c) Jurisdiction Over Actions for Civil Damages.--The district
courts of the United States shall have exclusive jurisdiction over any
action for civil damages against a handler for any harm or damage that
is alleged to have resulted from the use of ammonium nitrate in
violation of law that occurred on or after the date of enactment of
this Act.
SEC. 8. STATE LAW PREEMPTION.
This Act preempts any State law (including a regulation) that
regulates the handling of ammonium nitrate to prevent the
misappropriation or use of ammonium nitrate in violation of law.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Secure Handling of Ammonium Nitrate Act of 2005 - Authorizes the Secretary of Homeland Security to regulate the handling and purchase of ammonium nitrate to prevent its misappropriation or use in violation of law.
Authorizes the Secretary to promulgate regulations that require: (1) handlers to register facilities, to sell or distribute ammonium nitrate only to handlers and purchasers registered under this Act, and to maintain records of sale or distribution that include the name, address, telephone number, and registration number of the immediate subsequent purchaser of ammonium nitrate; and (2) purchasers to be registered.
Makes it unlawful for any person to: (1) fail to perform any duty required by this Act, including regulations promulgated under this Act; (2) violate the terms of registration under this Act; (3) fail to keep any record, make any report, or allow any inspection required by this Act; or (4) to violate any sale or distribution order issued under this Act. Provides penalties for violations. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of Homeland Security to regulate ammonium nitrate."} | 2,232 | 220 | 0.672106 | 1.848939 | 0.80406 | 6.390625 | 10 | 0.963542 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Counterterrorism Screening and
Assistance Act of 2017''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Foreign Relations of the
Senate;
(C) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(D) the Committee on the Judiciary of the Senate;
(E) the Committee on Foreign Affairs of the House
of Representatives;
(F) the Committee on Homeland Security of the House
of Representatives; and
(G) the Committee on the Judiciary of the House of
Representatives.
(2) Foreign terrorist organization.--The term ``foreign
terrorist organization'' means an organization that is
designated by the Secretary of State as a foreign terrorist
organization pursuant to section 219(a) of the Immigration and
Nationality Act (8 U.S.C. 1189(a)).
(3) Nonhumanitarian, nontrade-related foreign assistance.--
The term ``nonhumanitarian, nontrade-related foreign
assistance'' has the meaning given the term in section 103 of
the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102).
SEC. 3. FOREIGN PARTNER ENGAGEMENT PLAN.
(a) Findings.--Consistent with the final report of the Committee on
Homeland Security of the House of Representatives's bipartisan Task
Force on Combating Terrorist and Foreign Fighter Travel, Congress makes
the following findings:
(1) It is important for the national security of the United
States to assist foreign partners in closing security gaps that
may allow terrorists and foreign fighters to avoid detection
while traveling internationally.
(2) Building foreign partner capacity to combat terrorist
travel helps extend the United States security beyond its
border to mitigate threats before they reach the United States.
(3) Since the attacks on September 11, 2001, United States
Government departments and agencies have spent billions of
dollars helping foreign partners improve their security against
terrorist travel, including by providing such partners with
technical assistance, equipment, training, and other tools.
(4) The lack of a United States Government-wide, risk-based
approach increases the likelihood that--
(A) systematic security gaps abroad will persist;
and
(B) the United States Government will not maximize
its response efforts to close such gaps.
(5) Failure to effectively coordinate capacity-building
activities also increases the likelihood of overlap, waste, and
unnecessary duplication between the United States and
international programs.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States Government must ensure capacity-
building assistance is coordinated--
(A) among United States Government departments and
agencies; and
(B) with foreign implementing partners; and
(2) such assistance should be prioritized for the highest-
risk countries for travel by terrorists and foreign fighters.
(c) Plan.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every two years thereafter in
conjunction with the President's budget submission to Congress
under section 1105 of title 31, United States Code, until 2023,
the Secretary of State, in accordance with the protection of
intelligence sources and methods, shall develop and submit to
the appropriate congressional committees unclassified and
classified versions of a foreign partner engagement plan,
which--
(A) catalogs existing capacity-building initiatives
abroad to combat travel by terrorists and foreign
fighters; and
(B) identifies areas for adjustment to align
ongoing efforts with risk-based priorities.
(2) Coordination and consultation.--The plan required under
paragraph (1) shall be developed in coordination with all
relevant United States Government departments and agencies and
in consultation with the Secretary of Homeland Security, the
Secretary of the Treasury, the Secretary of Defense, the
Attorney General, the Director of National Intelligence, and
the Director of the Federal Bureau of Investigation.
(3) Contents.--The plan required under paragraph (1)
shall--
(A) include an assessment of the countries of
greatest concern and risk for travel to the United
States by members of foreign terrorist organizations
and foreign fighters, which may be based on the minimum
standards described in section 5(b) and other factors,
as appropriate, including--
(i) the number of flights to the United
States that originate from last points of
departure in each country;
(ii) visa waiver program status or visa
application and denial rates for each country;
(iii) recent threats, terrorist and foreign
fighter travel trends, and the overall terror
threat environment in each country; and
(iv) other criteria identified by the
Secretary of State and the Secretary of
Homeland Security;
(B) detail existing United States Government
programs, projects, and activities intended to build
the capacity of such countries to combat travel by
terrorists and foreign fighters, including estimated
spending levels by country, to the extent practicable;
and
(C) outline a plan for prioritizing United States
Government resources toward countries referred to in
subparagraph (A), including--
(i) efforts that should be reformed,
consolidated, or eliminated; and
(ii) new programs, projects, or activities
that are requested, being planned, or are
undergoing implementation and the costs
associated with such programs, projects, or
activities.
SEC. 4. SHARING SYSTEMS AND EQUIPMENT TO OBSTRUCT TRAVEL BY TERRORISTS
AND FOREIGN FIGHTERS.
(a) Border Security and Counterterrorism Screening Tools.--
(1) In general.--Subject to paragraph (2) and subsection
(d), the Secretary of Homeland Security and the Secretary of
State shall provide foreign governments, to the extent
practicable, appropriate versions of--
(A) U.S. Customs and Border Protection's global
travel targeting and analysis systems; and
(B) the Department of State's watchlisting,
identification, and screening systems.
(2) Prioritization.--The Secretary of Homeland Security and
the Secretary of State shall provide the systems specified in
paragraph (1) to countries referred to in section 3(c)(3)(A)
before such systems are provided to other countries.
(b) Equipment Transfer.--
(1) Defined term.--In this subsection, the term ``excess
nonlethal equipment and supplies'' means equipment and supplies
that the Secretary of Homeland Security determines--
(A) are not required for United States domestic
operations; or
(B) would be more effective to homeland security if
deployed for use outside of the United States.
(2) Authorization.--Subject to paragraphs (3) and (8), the
Secretary of Homeland Security may provide excess nonlethal
equipment and supplies to a foreign government, with or without
reimbursement, if the Secretary determines such action would--
(A) further the homeland security interests of the
United States; and
(B) enhance the recipient government's capacity--
(i) to mitigate the risk or threat of
terrorism, infectious disease, or natural
disaster;
(ii) to protect and expedite lawful trade
and travel; or
(iii) to enforce intellectual property
rights.
(3) Limitation on transfer.--In carrying out paragraph (2),
the Secretary of Homeland Security may not provide any foreign
country with--
(A) any equipment or supplies that are designated
as items on the United States Munitions List pursuant
to section 38 of the Arms Export Control Act (22 U.S.C.
2778); or
(B) any vessel or aircraft.
(4) Related training.--In conjunction with the provision of
equipment or supplies pursuant to paragraph (1), the Secretary
of Homeland Security may provide such training and assistance
as the Secretary determines to be necessary to use or operate
such equipment or supplies.
(5) Maintenance of transferred equipment.--The Secretary of
Homeland Security may provide for the maintenance of
transferred equipment or supplies through service contracts or
other means, with or without reimbursement, as the Secretary
determines appropriate.
(6) Reimbursement of expenses.--The Secretary of Homeland
Security may collect payment from a recipient government under
this subsection for the provision of training, shipping costs,
supporting materials, maintenance, supplies, or other
assistance in support of equipment or supplies provided under
this subsection.
(7) Receipts credited as offsetting collections.--
Notwithstanding section 3302 of title 31, United States Code,
any amount collected under this subsection--
(A) shall be credited as offsetting collections,
subject to appropriations, to the account that finances
the activities and services for which the payment is
received; and
(B) shall remain available until expended for
homeland security.
(8) Concurrence.--The Secretary of Homeland Security may
exercise the authority under this subsection only with the
concurrence of the Secretary of State.
(9) Rule of construction.--Nothing in this subsection may
be construed as affecting, augmenting, or diminishing the
authority of the Secretary of State.
(c) Notification to Congress.--
(1) In general.--Not later than 15 days before providing
any systems, equipment, or supplies under this section, the
Secretary of Homeland Security and Secretary of State shall
notify the appropriate congressional committees in accordance
with paragraph (2).
(2) Contents.--Each notification under paragraph (1) shall
include--
(A) the specific vulnerability that will be
mitigated by the provision of the systems, equipment,
or supplies under this section;
(B) an explanation for the recipient's inability or
unwillingness to independently acquire such systems,
equipment, or supplies;
(C) an evacuation plan for any sensitive
technologies in case of emergency or instability in the
country to which such systems or equipment or supplies
is being provided;
(D) how the United States Government will ensure
that such systems or equipment or supplies are being
maintained appropriately and used as intended; and
(E) the total monetary value of such systems,
equipment, and supplies.
(d) Rule of Construction.--
(1) Defined term.--In this subsection, the term ``Export
Administration Regulations'' means--
(A) the Export Administration Regulations
maintained and amended under the authority of the
International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.) and codified in subchapter C of chapter
VII of title 15, Code of Federal Regulations; and
(B) any successor regulations.
(2) Restriction.--The authority provided under this section
shall be exercised in accordance with applicable provisions of
the Arms Export Control Act (22 U.S.C. 2751 et seq.), the
Export Administration Regulations, and any other similar
provision of law.
SEC. 5. ACTIONS WITH RESPECT TO FOREIGN COUNTRIES THAT FAIL TO MEET
MINIMUM STANDARDS FOR SERIOUS AND SUSTAINED EFFORTS TO
COMBAT TERRORIST AND FOREIGN FIGHTER TRAVEL.
(a) Reports to Congress.--
(1) In general.--Not later than April 30 of each year
through 2022, the Secretary of State, in coordination with the
Secretary of Homeland Security, shall submit to the appropriate
congressional committees a report, in unclassified or
classified form, that describes--
(A) the status of efforts of foreign governments to
combat terrorist and foreign fighter travel, including
an update to the foreign partner engagement plan
required under section 3(c); and
(B) relevant United States Government actions taken
to help countries comply with minimum standards for
serious and sustained efforts to combat terrorist and
foreign fighter travel, such as the minimum standards
described in subsection (b).
(2) Inclusion in country reports on terrorism.--To the
extent practicable, the Secretary of State, in coordination
with the Secretary of Homeland Security, should incorporate the
reports required under paragraph (1) into the annual country
reports on terrorism submitted pursuant to section 140 of the
Foreign Relations Authorization Act, Fiscal Years 1988 and 1989
(22 U.S.C. 2656f).
(b) Minimum Standards Described.--The minimum standards for serious
and sustained efforts to combat terrorist and foreign fighter travel
applicable to the government of a foreign country include--
(1) making meaningful efforts to identify and monitor
terrorists and foreign fighters operating within the territory
of the country;
(2) regularly exchanging substantive counterterrorism
information with other foreign governments, including the
United States Government, through bilateral or multilateral
channels and international organizations such as INTERPOL;
(3) cooperating with other foreign governments in the
investigation and prosecution of terrorists and foreign
fighters;
(4) implementing effective border controls or participating
in an existing border-crossing control regime that has been
determined by the United States Government to employ effective
border-crossing oversight;
(5) having controls and systems in place to prevent and
report upon counterfeiting, forgery, and fraudulent use or
possession of false, stolen, or lost identity papers and travel
documents;
(6) collecting air passenger data and employs evidence-
based traveler risk assessment and screening procedures,
including the collection and analysis of travel data;
(7) appropriately screening travelers, including vetting
travelers at air, sea, and land ports of entry, against
counterterrorism and other criminal databases, as appropriate;
(8) submitting information to INTERPOL databases and
screening travelers against INTERPOL databases at ports of
entry and exit;
(9) establishing and implementing domestic laws
criminalizing material support to foreign terrorist
organizations and having the ability and willingness to
prosecute cases involving such material support to foreign
terrorist organizations;
(10) taking measures to prevent individuals in its
territory from traveling abroad to enlist with or provide
material support to foreign terrorist organizations;
(11) taking measures to ensure a minimal level of
corruption and likelihood that corruption could impact the
veracity of security and intelligence reporting from the
country, a minimal likelihood that such corruption could
adversely affect the legitimacy of national identity papers of
the country, and not sheltering suspects from investigation and
prosecution; and
(12) not being classified as a high-risk program country
under section 217(c)(12) of the Immigration and Nationality Act
(8 U.S.C. 1187(c)(12)).
(c) Suspension of Assistance.--The Secretary of State, in
consultation with the Secretary of Homeland Security and the heads of
other Federal agencies, as appropriate, is authorized to suspend
nonhumanitarian, nontrade-related foreign assistance to the government
of any foreign country that is not making significant efforts to comply
with the minimum standards for serious and sustained efforts to combat
terrorist and foreign fighter travel described in subsection (b).
SEC. 6. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to carry out the requirements of
this Act. Such requirements shall be carried out using amounts
otherwise authorized. | Counterterrorism Screening and Assistance Act of 2017 This bill expresses the sense of Congress that: (1) the U.S. government must ensure that capacity-building assistance to combat terrorist travel is coordinated among agencies as well as with foreign implementing partners, and (2) such assistance should be prioritized for the highest-risk countries for travel by terrorists and foreign fighters. The Department of State shall submit to Congress biennially a foreign partner engagement plan that catalogues existing capacity-building initiatives abroad to combat travel by terrorists and foreign fighters and identifies areas for adjustment to align efforts with risk-based priorities. The Department of Homeland Security (DHS) and the State Department shall provide appropriate versions of the following systems to foreign governments: U.S. Customs and Border Protection's global travel targeting and analysis systems; and the State Department's watchlisting, identification, and screening systems. DHS may provide, with specified exceptions, excess DHS nonlethal equipment and supplies (as well as related training) to a foreign government if such action would: further U.S. homeland security interests; and enhance the recipient government's capacity to mitigate the threat of terrorism, infectious disease or natural disaster, protect lawful trade and travel, or enforce intellectual property rights. DHS shall notify Congress before providing such systems, equipment, or supplies. The State Department: (1) shall report to Congress annually through 2022 on foreign government efforts to combat terrorist and foreign fighter travel and on U.S. actions to help countries comply with minimum standards for such efforts, and (2) may suspend non-humanitarian, non-trade-related foreign assistance to a country that is not making significant efforts to comply with such minimum standards. | {"src": "billsum_train", "title": "Counterterrorism Screening and Assistance Act of 2017"} | 3,177 | 360 | 0.64671 | 2.107633 | 0.791801 | 3.709877 | 9.237654 | 0.925926 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Preservation Act of
2002''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the Federal budget has moved from surplus to deficit,
causing social security trust funds financed by payroll taxes
to be used to fund the deficit;
(2) as a result of the return to deficit, the Treasury may
have to borrow nearly $2 trillion from the social security
trust funds to use for other Government expenditures over the
next 10 years;
(3) statements by the Secretary of the Treasury that the
trust funds have ``no assets'' and the social security program
is a ``pyramid game'' and by congressional leaders that the
trust funds are ``empty'', a ``total fraud'', and consist of
``worthless IOUs'' cast doubt on whether social security
beneficiaries can rely upon the Treasury to pay its debts to
the social security trust funds; and
(4) the Treasury's failure to pay its debts to the social
security trust funds would result in cuts in social security
benefits payments to American families as early as 2017.
(b) Purposes.--The purposes of this Act are:
(1) to repudiate statements made by Government leaders that
the social security program has ``no assets'';
(2) to require an annual Congressional vote affirming the
Government's commitment to honoring its debts to the social
security trust funds;
(3) to require the President to explain how the Treasury
will repay loans from the social security trust funds and how
legislation signed by the President affects repayment;
(4) to require an annual affirmation by the Secretary of
the Treasury of the Government's commitment to honoring its
debts to the social security trust funds; and
(5) to provide Americans who have paid social security
taxes with the right to bring an action in court to force the
Secretary of the Treasury to honor the Government's debts to
the social security trust funds.
SEC. 3. REPUDIATION.
To dispel any public confusion, the Congress hereby repudiates--
(1) the statements of the Secretary of the Treasury, Paul
O'Neill, that the social security program is a ``pyramid game''
and that the social security trust funds have ``no assets'';
and
(2) the statements of congressional leaders that the social
security trust funds are ``empty'', a ``total fraud'', ``a mere
accounting device'', and consist of ``worthless IOUs''.
SEC. 4. ANNUAL CONGRESSIONAL AFFIRMATION.
No amounts borrowed from the social security trust funds may be
used by the Treasury to pay for other Government expenditures in a
fiscal year, unless, during the 9-month period immediately preceding
the start of that fiscal year, the Congress has enacted legislation
explicitly affirming that the Treasury will repay these funds.
SEC. 5. ANNUAL REPORT BY THE PRESIDENT.
(a) Purpose.--The purpose of the amendment made by subsection (b)
is to require the President to report annually to Congress on plans for
repaying the funds the Treasury has borrowed from the social security
trust funds.
(b) Amendment.--Section 1105(a) of title 31, United States Code, is
amended by adding at the end the following new paragraph:
``(35) the total amount the Treasury has borrowed from the
social security trust funds, an explanation of the plans for
repaying the amount borrowed from the social security trust
funds, and an explanation of the impact any legislation the
President signed into law in the preceding year will have on
the plans for repaying the social security trust funds.''.
SEC. 6. COMMITMENT BY THE SECRETARY OF THE TREASURY TO HONOR THE
GOVERNMENT'S DEBT TO THE SOCIAL SECURITY TRUST FUNDS.
Whenever the Board of Trustees of the social security trust funds
submits its annual report to Congress pursuant to section 201(c) of the
Social Security Act on the status of such trust funds during the
preceding fiscal year and the expected operation and status during the
ensuing 5 fiscal years, the Secretary of the Treasury shall submit a
statement to Congress containing an affirmation that the Treasury will
honor the securities in such trust funds.
SEC. 7. REQUIREMENT THAT THE GOVERNMENT REPAY THE SOCIAL SECURITY TRUST
FUNDS.
Section 201(d) of the Social Security Act (42 U.S.C. 401(d)) is
amended by inserting after the sixth sentence the following new
sentence: ``Any individual who is credited with wages or self-
employment income under this title may bring an action in an
appropriate Federal district court to enjoin any act or practice by the
Secretary of the Treasury by which the Secretary contests an obligation
issued for purchase by either Trust Fund under this subsection or which
constitutes a failure to provide for redemption of the obligation in
accordance with the terms of such obligation or to otherwise honor the
full faith and credit of the United States supporting such
obligation.''.
SEC. 8. GENERAL PROVISIONS.
(a) Definitions.--As used in this Act--
(1) Social security trust funds.--The term ``social
security trust funds'' refers to the Federal Old-Age and
Survivors Insurance Trust Fund and the Federal Disability
Insurance Trust Fund.
(2) Other government expenditures.--The term ``other
Government expenditures'' means all Government expenditures
other than expenditures for the old-age, survivors, and
disability insurance program under title II of the Social
Security Act. Such term does not include amounts expended to
pay down the Government debt.
(b) Interpretation.--For purposes of this Act, amounts borrowed
from the social security trust funds shall be considered to be used for
other Government expenditures if there is a deficit in the non-Social
Security budget. | Social Security Preservation Act of 2002 - Repudiates the statements of: (1) the Secretary of the Treasury, Paul O'Neill, that the social security program (title II (Old Age, Survivors and Disability Insurance) of the Social Security Act) is a "pyramid game" and that the social security trust funds (Federal Old-Age and Survivors Insurance Trust Fund and Federal Disability Insurance Trust Fund) have "no assets;" and (2) the statements of congressional leaders that the social security trust funds are "empty," a "total fraud," "a mere accounting device", and consist of "worthless IOUs."Prohibits the use by the Treasury of amounts borrowed from the social security trust funds to pay for other Government expenditures in a fiscal year, unless, during the nine month period immediately preceding the year, the Congress has enacted legislation explicitly affirming that the Treasury will repay these funds.Amends Federal law to require the President to include in each budget: (1) the total amount the Treasury has borrowed from the social security trust funds; and (2) explanations of repayment plans and the impact any legislation enacted in the preceding year will have on them.Requires the Secretary to affirm annually that the Treasury will honor the securities in such trust funds.Allows any individual credited with wages or self-employment income under Medicare to bring an action in an appropriate Federal district court to enjoin any act or practice: (1) by which the Secretary contests an obligation issued for purchase by either social security trust fund; or (2) which constitutes a failure to provide for redemption of the obligation in accordance with its terms or to otherwise honor the full faith and credit of the United States supporting such obligation. | {"src": "billsum_train", "title": "To protect the Social Security trust funds by ensuring that the Government repays its debts to the trust funds."} | 1,308 | 374 | 0.706179 | 2.36462 | 0.737873 | 5.032934 | 3.550898 | 0.931138 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Emergency
Unemployment Compensation Extension Act of 2014''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Extension of emergency unemployment compensation program.
Sec. 3. Temporary extension of extended benefit provisions.
Sec. 4. Extension of funding for reemployment services and reemployment
and eligibility assessment activities.
Sec. 5. Additional extended unemployment benefits under the Railroad
Unemployment Insurance Act.
Sec. 6. Flexibility for unemployment program agreements.
Sec. 7. Offset from farm bill savings.
SEC. 2. EXTENSION OF EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM.
(a) Extension.--Section 4007(a)(2) of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is
amended by striking ``January 1, 2014'' and inserting ``July 1, 2014''.
(b) Funding.--Section 4004(e)(1) of the Supplemental Appropriations
Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended--
(1) in subparagraph (I), by striking ``and'' at the end;
(2) in subparagraph (J), by inserting ``and'' at the end;
and
(3) by inserting after subparagraph (J) the following:
``(K) the amendment made by section 2(a) of the
Emergency Unemployment Compensation Extension Act of
2014;''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the American Taxpayer Relief
Act of 2012 (Public Law 112-240).
SEC. 3. TEMPORARY EXTENSION OF EXTENDED BENEFIT PROVISIONS.
(a) In General.--Section 2005 of the Assistance for Unemployed
Workers and Struggling Families Act, as contained in Public Law 111-5
(26 U.S.C. 3304 note), is amended--
(1) by striking ``December 31, 2013'' each place it appears
and inserting ``June 30, 2014''; and
(2) in subsection (c), by striking ``June 30, 2014'' and
inserting ``December 31, 2014''.
(b) Extension of Matching for States With No Waiting Week.--Section
5 of the Unemployment Compensation Extension Act of 2008 (Public Law
110-449; 26 U.S.C. 3304 note) is amended by striking ``June 30, 2014''
and inserting ``December 31, 2014''.
(c) Extension of Modification of Indicators Under the Extended
Benefit Program.--Section 203 of the Federal-State Extended
Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is
amended--
(1) in subsection (d), by striking ``December 31, 2013''
and inserting ``June 30, 2014''; and
(2) in subsection (f)(2), by striking ``December 31, 2013''
and inserting ``June 30, 2014''.
(d) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the American Taxpayer Relief
Act of 2012 (Public Law 112-240).
SEC. 4. EXTENSION OF FUNDING FOR REEMPLOYMENT SERVICES AND REEMPLOYMENT
AND ELIGIBILITY ASSESSMENT ACTIVITIES.
(a) In General.--Section 4004(c)(2)(A) of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is
amended by striking ``through fiscal year 2014'' and inserting
``through the first half of fiscal year 2015''.
(b) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the American Taxpayer Relief
Act of 2012 (Public Law 112-240).
SEC. 5. ADDITIONAL EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD
UNEMPLOYMENT INSURANCE ACT.
(a) Extension.--Section 2(c)(2)(D)(iii) of the Railroad
Unemployment Insurance Act (45 U.S.C. 352(c)(2)(D)(iii)) is amended--
(1) by striking ``June 30, 2013'' and inserting ``December
31, 2013''; and
(2) by striking ``December 31, 2013'' and inserting ``June
30, 2014''.
(b) Clarification on Authority To Use Funds.--Funds appropriated
under either the first or second sentence of clause (iv) of section
2(c)(2)(D) of the Railroad Unemployment Insurance Act shall be
available to cover the cost of additional extended unemployment
benefits provided under such section 2(c)(2)(D) by reason of the
amendments made by subsection (a) as well as to cover the cost of such
benefits provided under such section 2(c)(2)(D), as in effect on the
day before the date of enactment of this Act.
(c) Funding for Administration.--Out of any funds in the Treasury
not otherwise appropriated, there are appropriated to the Railroad
Retirement Board $125,000 for administrative expenses associated with
the payment of additional extended unemployment benefits provided under
section 2(c)(2)(D) of the Railroad Unemployment Insurance Act by reason
of the amendments made by subsection (a), to remain available until
expended.
SEC. 6. FLEXIBILITY FOR UNEMPLOYMENT PROGRAM AGREEMENTS.
(a) Flexibility.--
(1) In general.--Subsection (g) of section 4001 of the
Supplemental Appropriations Act, 2008 (Public Law 110-252; 26
U.S.C. 3304 note) shall not apply with respect to a State that
has enacted a law before December 1, 2013, that, upon taking
effect, would violate such subsection.
(2) Effective date.--Paragraph (1) is effective with
respect to weeks of unemployment beginning on or after December
29, 2013.
(b) Permitting a Subsequent Agreement.--Nothing in title IV of the
Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C.
3304 note) shall preclude a State whose agreement under such title was
terminated from entering into a subsequent agreement under such title
on or after the date of the enactment of this Act if the State, taking
into account the application of subsection (a), would otherwise meet
the requirements for an agreement under such title.
SEC. 7. OFFSET FROM FARM BILL SAVINGS.
(a) Definition.--In this section, the term ``farm bill savings''
means the budgetary effects (as defined in section 2 of the Statutory
Pay-As-You-Go Act of 2010 (2 U.S.C. 931) and as determined in
accordance with that Act) attributable to the enactment of the
Agricultural Act of 2014 (Public Law 113-79).
(b) Offsetting of Costs.--Notwithstanding any other provision of
law--
(1) the Office of Management and Budget shall remove from
the PAYGO scorecards maintained pursuant to section 4(d) of the
Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(d)) the
amount of the farm bill savings;
(2) the Committee on the Budget of the Senate shall remove
from the PAYGO scorecards maintained for purposes of section
201 of S. Con. Res. 21 (110th Congress) the amount of the farm
bill savings; and
(3) the amount removed from any PAYGO scorecard under
paragraph (1) or (2) shall not be available to offset the cost
of other legislation under the Statutory Pay-As-You-Go Act of
2010 (2 U.S.C. 931 et seq.) or section 201 of S. Con. Res. 21
(110th Congress), respectively.
(c) Treatment for PAYGO Purposes.--
(1) PAYGO scorecard.--The budgetary effects of this Act and
the amendments made by this Act shall not be entered on either
PAYGO scorecard maintained pursuant to section 4(d) of the
Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(d)).
(2) Senate paygo scorecard.--The budgetary effects of this
Act and the amendments made by this Act shall not be entered on
any PAYGO scorecard maintained for purposes of section 201 of
S. Con. Res. 21 (110th Congress). | Emergency Unemployment Compensation Extension Act of 2014 - Amends the Supplemental Appropriations Act, 2008, (SSA, 2008) to extend emergency unemployment compensation (EUC) payments for eligible individuals to weeks of employment ending on or before July 1, 2014. Amends the Assistance for Unemployed Workers and Struggling Families Act to extend until June 30, 2014, requirements that federal payments to states cover 100% of EUC. Amends the Unemployment Compensation Extension Act of 2008 to exempt weeks of unemployment between enactment of this Act and December 31, 2014, from the prohibition in the Federal-State Extended Unemployment Compensation Act of 1970 (FSEUCA of 1970) against federal matching payments to a state for the first week in an individual's eligibility period for which extended compensation or sharable regular compensation is paid if the state law provides for payment of regular compensation to an individual for his or her first week of otherwise compensable unemployment. (Thus allows temporary federal matching for the first week of extended benefits for states with no waiting period.) Amends the FSEUCA of 1970 to postpone similarly from December 31, 2013, to June 30, 2014, termination of the period during which a state may determine its "on" and "off" indicators according to specified temporary substitutions in its formula. Amends the SSA, 2008 to appropriate funds out of the employment security administration account through the first half of FY2015 to assist states in providing reemployment and eligibility assessment activities. Amends the Railroad Unemployment Insurance Act to extend through June 30, 2014, the temporary increase in extended unemployment benefits. Makes a change in application of a certain requirement (nonreduction rule) to a state that has entered a federal-state EUC agreement, under which the federal government would reimburse the state's unemployment compensation agency making EUC payments to individuals who have exhausted all rights to regular unemployment compensation under state or federal law and meet specified other criteria. (Under the nonreduction rule such an agreement does not apply with respect to a state whose method for computing regular unemployment compensation under state law has been modified to make the average weekly unemployment compensation benefit paid on or after June 2, 2010, less than what would have been paid before June 2, 2010.) Declares that the nonreduction rule shall not apply to a state which has enacted a law before December 1, 2013, that, upon taking effect, would violate the nonreduction rule. Allows a state whose agreement was terminated, however, to enter into a subsequent federal-state EUC agreement on or after enactment of this Act if, taking into account this inapplicability of the nonreduction rule, it would otherwise meet the requirements for an EUC agreement. (Thus allows such a subsequent EUC agreement to permit payment of less than the average weekly unemployment compensation benefit paid on or after June 2, 2010.) Requires in order to offset costs of the EUC extension: the Office of Management and Budget (OMB) to remove the amount of the farm bill savings from the PAYGO scorecards maintained pursuant to the Statutory Pay-As-You-Go Act of 2010, and the Senate Committee on the Budget to remove that amount also from the PAYGO scorecards maintained for purposes of S.Con.Res. 21 (110th Congress). Declares that the amount thus removed from any PAYGO scorecard shall not be available to offset the cost of other legislation under such Act or Resolution. | {"src": "billsum_train", "title": "Emergency Unemployment Compensation Extension Act of 2014"} | 2,022 | 743 | 0.526513 | 1.766501 | 0.562092 | 2.602782 | 2.502318 | 0.75425 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Open Space Protection Act of 1998''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Congress has established a policy of dedicating revenue
from the production and use of nonrenewable resources to
reinvest in public land resources for American families and
their children through programs such as the Land and Water
Conservation Fund.
(2) Since its creation by Congress in 1965, the Land and
Water Conservation Fund has been responsible for nearly
7,000,000 acres of parkland, refuges and open spaces, and the
development of more than 37,000 State and local parks and
recreation projects. From parks to playgrounds, wilderness to
wetlands, open trails to open spaces, the Land and Water
Conservation Fund has been an American success story.
(3) The need for open spaces and recreation has soared.
Combined estimates from the United States Fish and Wildlife
Service, National Park Service, United States Forest Service,
and Bureau of Land Management total a $7,000,000,000 backlog to
meet current land acquisition needs. This backlog includes
lands critical to conserving wetlands, watersheds and
wilderness, protecting wildlife refuges and habitat, preserving
important historic and cultural sites and providing trails and
open spaces for outdoor recreation.
(4) Conserving our Nation's most valuable natural and
cultural treasures is critical to conserving America's heritage
of open space and the great outdoors.
(5) Suburban and urban sprawl and the loss of open space
have become a primary concern for local communities with State
and local revenues inadequate to address these critical needs.
(6) The demand for outdoor recreation, and the
corresponding need for more parks, open space and recreation
infrastructure, has skyrocketed. The National Survey on
Recreation and the Environment (NSRE), conducted by the United
States Forest Service, shows explosive growth in most outdoor
pursuits, including mountain biking, backpacking, kayaking, and
birdwatching.
(7) The enormous popularity of youth soccer over the past
decade has created an unprecedented demand for new playing
fields which to date has been unmet.
(8) The welcome increase in athletic participation among
women and girls is continuing to increase demand for access to
local parks and recreation facilities throughout America.
(9) Conserving natural resources, protecting open space,
and enhancing recreation opportunity will be effective only if
undertaken through Federal, State, and local partnership.
(10) The American legacy of conservation and open space is
key to ensuring that our Nation's communities are healthy,
safe, and secure, and that they are places where American
families and their children can enjoy the quality of life that
they deserve.
(11) The findings of the 1995 National Biological Service
study ``Endangered Ecosystems of the United States: A
Preliminary Assessment of Loss and Degradation'' demonstrate
the need to escalate conservation measures that protect our
Nation's wildlands and habitats.
(b) Purpose.--The purpose of this Act is to provide a secure source
of funds available for Federal land acquisition and to revitalize the
State, local, and urban needs outlined in the Land and Water
Conservation Fund Act of 1965 and the Urban Park and Recreation
Recovery Act of 1978 by providing matching grants for State, local, and
urban conservation and recreation needs.
SEC. 3. SECURE FUNDING.
Section 3 of the Land and Water Conservation Act of 1965 (16 U.S.C.
4601-5(c)(1)) is amended as follows:
(1) By striking ``Moneys'' the first place it appears and
inserting ``Except as provided by subsection (b), moneys''.
(2) By inserting ``(a)'' after ``3''.
(3) By adding at the end the following new subsection:
``(b)(1) Special Rule.--For any fiscal year beginning after
September 30, 1998, and ending before October 1, 2015, from amounts
covered into the Fund in the preceding fiscal year, there is
appropriated for purposes of this Act $900,000,000. Notwithstanding
section 5, for each such fiscal year, such funds shall be available for
the following purposes:
``(A) $450,000,000 shall be available for Federal purposes
(in this Act referred to as the `Federal share').
``(B) $250,000,000 shall be available for financial
assistance to the States under section 5 and for any other
State purposes authorized under this Act. Such sum shall be
apportioned among the States pursuant to section 6 (in this Act
referred to as the `State share'). No less than 50 percent of
the State share for each State for each such fiscal year shall
be directed by the State to local governments to provide
natural areas, open space, parklands, or recreational areas.
``(C) $150,000,000 shall be available to the Secretary of
the Interior for grants to local governments through the Urban
Parks and Recreation Recovery Program (16 U.S.C. 2501-2514).
``(D) $50,000,000 shall be available to the Secretary of
the Interior through and including fiscal year 2004, for grants
for land acquisition in connection with the American
Battlefield Protection Program. For fiscal years 2004 through
and including 2014, $50,000,000 shall be available to the
Secretary of the Interior for the restoration and acquisition
of historical and cultural sites found within the National Park
Service, Fish and Wildlife Service, Bureau of Land Management
and the National Forest Service.
``(2) The President shall, in his annual budget submission for the
fiscal year concerned, specify the specific purposes for which the
funds referred to in subparagraphs (A), (C), and (D) of paragraph (1)
are to be used by the Secretary of the Interior and the Secretary of
Agriculture. Such funds shall be used by the Secretary concerned for
the purposes specified by the President in such annual budget
submission unless the Congress, in the general appropriation Acts for
the Department of the Interior and the Department of Agriculture for
such fiscal year, specifies that any part of such Federal share is to
be used by the Secretary concerned for other puposes.
``(3) For purposes of the budget submission, the President shall
require the Secretary of the Interior and the Secretary of Agriculture
to prepare Federal priority lists for expenditure of the Federal share.
Such lists shall be prepared in consultation with the head of the
affected bureau or agency, taking into account the best professional
judgment regarding the land acquisition priorities and policies of each
bureau or agency. In preparing such priority lists, the Secretaries
shall consider--
``(A) the potential adverse impacts which might result if
the acquisition is not undertaken;
``(B) the availability of land appraisal and other
information necessary to complete the acquisition in a timely
manner; and
``(C) such other factors as the Secretaries deem
appropriate.''.
SEC. 4. FINANCIAL ASSISTANCE TO STATES.
Section 6 of the Land and Water Conservation Act of 1965 (16 U.S.C.
4601-5(c)(1)) is amended as follows:
(1) By amending subsection (b)(5) to strike the comma after
``the District of Columbia'' and insert ``shall be treated as
one State. Indian/Alaska Native Village Corporations shall be
treated as one State and shall allocate their funds in a manner
to be determined by the Secretary of the Interior.''.
(2) By amending subsection (e)(1) by striking ``, but not
including incidental costs relating to acquisition''.
(3) By amending subsection (e)(2) by inserting before the
period at the end ``or to enhance public safety.''.
(4) By striking the second sentence of subsection (f)(5)
and inserting: ``The Secretary shall approve such conversion
only if the State demonstrates no prudent or feasible
alternative exists with the exception of those properties that
are no longer viable as an outdoor conservation and recreation
facility due to changes in demographics or that must be
abandoned because of environmental contamination which
endangers public health and safety. Any conversion must satisfy
any conditions the Secretary deems necessary to assure the
substitution of other conservation and recreation properties of at
least equal market value and reasonably equivalent usefulness and
location and which are in accord with the existing State Plan for
Conservation and Recreation; except that wetland areas and interests
therein as identified in the wetlands provisions of the action agenda
and proposed to be acquired as suitable replacement property within
that same State that is otherwise acceptable to the Secretary shall be
considered to be of reasonably equivalent usefulness with the property
proposed for conversion.''.
SEC. 5. URBAN PARK AND RECREATION RECOVERY ACT OF 1978 AMENDMENTS.
The Urban Park and Recreation Recovery Act (16 U.S.C. 2501 and
following) is amended as follows:
(1) In section 1004 by striking ``and'' at the end of
subsection (j), by striking the period at the end of subsection
(k) and inserting ``; and'' and by adding the following after
subsection (k):
``(l) `development grants' means matching capital grants to local
units of government to cover costs of development and construction on
existing or new neighborhood recreation sites, including indoor and
outdoor recreation facilities, support facilities, and landscaping, but
excluding routine maintenance and upkeep activities; and
``(m) `acquisition grants' means matching capital grants to local
units of government to cover the direct and incidental costs of
purchasing new parkland to be permanently dedicated and made accessible
for public conservation and recreation.''.
(2) Section 1004(j) (16 U.S.C. 2503(j)) is amended by
inserting ``the District of Columbia,'' after ``by the
Governor,''.
(3) Section 1005(a) (16 U.S.C. 2504(a) is amended to read
as follows:
``(a) Eligibility.--Eligibility of general purpose local
governments to compete for assistance under this title shall be based
upon need as determined by the Secretary. Generally, the list of
eligible governments shall include the following:
``(1) All political subdivisions included in Metropolitan,
Primary, or Consolidated Statistical Areas as currently defined
by the census.
``(2) Any other city or town within a Metropolitan Area
with a total population of 50,000 or more in the census of
1970, 1980, or 1990, or each census thereafter.
``(3) Any other political subdivision, county, parish, or
township with a total of 250,000 or more in the census of 1970,
1980, or 1990, or each census thereafter.''.
(4) Section 1006(a) (16 U.S.C. 2505) is amended as follows:
(A) In subsection (a) by striking ``and innovative
grants directly'' and inserting ``innovation,
development, or acquisition purposes''.
(B) In paragraph (1) of subsection (a) by striking
``and innovation'' and inserting ``innovation,
development, or acquisition'' and by striking all after
``subdivisions or regional park authorities'' and
inserting ``except that such grantees shall provide
assurance to the Secretary that they will maintain
public conservation and recreation opportunities at
assisted areas and facilities owned or managed by them
in accordance with section 1010 of this Act.''
(C) In paragraph (2) of subsection (a) by striking
``or innovative projects'' and inserting ``innovation,
development, or acquisition projects'' and by striking
``, except'' and all that follows and inserting ``on a
reimbursable basis.''.
(5) Section 1010 (16 U.S.C. 2509) is amended to read as
follows:
``SEC. 1010. CONVERSION.
``No property acquired or improved or developed under this title
shall, without the approval of the Secretary, be converted to other
than public recreation uses. The Secretary shall approve such
conversion only if the grantee demonstrates no prudent or feasible
alternative exists (with the exception of those properties that are no
longer a viable recreation facility due to changes in demographics or
they must be abandoned because of environmental contamination which
endangers public health and safety). Any conversion must satisfy any
conditions the Secretary deems necessary to assure the substitution of
other conservation and recreation properties of at least equal market
value and reasonably equivalent usefulness and location and which are
in accord with the current conservation and recreation recovery action
program.''.
(6) Section 1014 (16 U.S.C. 2513) is repealed. | Open Space Protection Act of 1998 - Amends the Land and Water Conservation Act of 1965 to appropriate from the Land and Water Conservation Fund $900 million for every fiscal year from FY 1999 through 2015, with specified portions available for: (1) Federal purposes (Federal share); (2) financial assistance to the States for State and local natural areas, open space, parklands, or recreational areas; (3) grants to local governments through the Urban Parks and Recreation Recovery Program; (4) grants (through FY 2004) for land acquisition in connection with the American Battlefield Protection Program; and (5) grants (for FY 2004 through 2014) for the restoration and acquisition of historical and cultural sites found within the National Park Service, Fish and Wildlife Service, Bureau of Land Management and the National Forest Service.
(Sec. 3) Requires the President to: (1) require the Secretary of the Interior and the Secretary of Agriculture to prepare Federal priority lists for expenditure of the Federal share; and (2) name in the annual budget submission the specific purposes for which the Secretaries shall use such funds, unless Congress specifies otherwise.
(Sec. 4) Requires Indian-Alaska Native Village Corporations to be treated as one State for allocation purposes.
Authorizes the Secretary to approve conversion of property improved or developed with Federal assistance to other than public recreation uses only if the State demonstrates no prudent or feasible alternative exists (with the exception of those properties that are no longer viable as an outdoor conservation and recreation facility due to changes in demographics, or that must be abandoned because of environmental contamination endangering public health and safety). Requires any conversion to satisfy any conditions the Secretary deems necessary to assure the substitution of other conservation and recreation properties which are: (1) of at least equal market value and reasonably equivalent usefulness and location; and (2) in accord with the existing State Plan for Conservation and Recreation.
Declares that wetland areas and interests identified in the action agenda, and proposed for acquisition as suitable replacement property (acceptable to the Secretary) within that same State, shall be considered to be of reasonably equivalent usefulness with the property proposed for conversion.
(Sec. 5) Amends the Urban Park and Recreation Recovery Act to include in the list of local governments eligible to compete for Federal assistance grants for the Urban Park and Recreation Recovery Program: (1) all political subdivisions included in Metropolitan, Primary, or Consolidated Statistical Areas; (2) any other city or town within a Metropolitan Area with a total population of 50,000 or more in the 1970, 1980, 1990, or subsequent census; and (3) any other political subdivision, county, parish, or township with a total of 250,000 or more in the 1970, 1980, 1990, or subsequent census.
Authorizes the Secretary of the Interior to make to local governments matching capital: (1) development grants to cover costs of development and construction on existing or new neighborhood recreation sites, including indoor and outdoor recreation facilities, support facilities, and landscaping (but not routine maintenance and upkeep activities); and (2) acquisition grants to cover the direct and incidental costs of purchasing new parkland to be permanently dedicated and made accessible for public conservation and recreation.
Authorizes the Secretary to approve conversion of property improved or developed with Federal assistance to other than public recreation uses only if the grantee demonstrates no prudent or feasible alternative exists (with the exception of those properties that are no longer a viable recreation facility due to changes in demographics or that must be abandoned because of environmental contamination endangering public health and safety). Requires any conversion to satisfy any conditions the Secretary deems necessary to assure the substitution of other conservation and recreation properties which are: (1) of at least equal market value and reasonably equivalent usefulness and location; and (2) in accord with the current conservation and recreation recovery action program.
Repeals the prohibition against using funds under such Act to acquire land or interests in land. | {"src": "billsum_train", "title": "Open Space Protection Act of 1998"} | 2,660 | 816 | 0.548113 | 2.114681 | 0.704937 | 5.548015 | 3.307298 | 0.951344 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Beneficiary Enrollment Notification
and Eligibility Simplification Act of 2017'' or the ``BENES Act of
2017''.
SEC. 2. ELIGIBILITY AND ENROLLMENT NOTIFICATION.
(a) Notification Requirements.--Section 1804 of the Social Security
Act (42 U.S.C. 1395b-2) is amended by adding at the end the following
new subsection:
``(d) Eligibility Information.--
``(1) Coordination of notice.--The Secretary, in
consultation with representatives of each of the groups
described in paragraph (2)(A), and in coordination with the
Commissioner of Social Security and the Secretary of the
Treasury, shall prepare and distribute a notice, in accordance
with this subsection, to potentially eligible Medicare
individuals.
``(2) Groups for consultation.--
``(A) In general.--For purposes of paragraph (1),
the groups described in this subparagraph include the
following:
``(i) Individuals who are more than 60
years of age.
``(ii) Individuals with disabilities.
``(iii) Individuals with end stage renal
disease.
``(iv) Low-income individuals and families.
``(v) Employers (including human resources
professionals).
``(vi) States (including representatives of
State-run Health Insurance Exchanges, Medicaid
offices, and Departments of Insurance).
``(vii) State Health Insurance Assistance
Programs.
``(viii) Health insurers.
``(ix) Health insurance agents and brokers.
``(x) Such other groups as specified by the
Secretary.
``(B) Nonapplication of faca.--The Federal Advisory
Committee Act shall not apply to consultations made
pursuant to paragraph (1) with groups described in
subparagraph (A).
``(3) Contents of notice.--The notice required under
paragraph (1) shall contain information on (including a clear,
simple explanation of)--
``(A)(i) eligibility for benefits under this title,
and in particular benefits under part B;
``(ii) the possibility of a late enrollment penalty
for failure to timely enroll (including the
availability of equitable relief); and
``(iii) how to access the Webpage described in
paragraph (5); and
``(B) the need for coordination of benefits under
part B (including secondary and primary coverage
scenarios) imposed under this title, including the
effects of enrollment in retiree health coverage; group
health coverage; coverage under a group health plan
provided by an employer pursuant to title XXII of the
Public Health Service Act, section 4980B of the
Internal Revenue Code of 1986, or title VI of the
Employee Retirement Income Security Act of 1974;
coverage under a qualified health plan offered through
an Exchange established under title I of the Patient
Protection and Affordable Care Act; and other widely
available coverage which may be available to
potentially eligible Medicare individuals.
``(4) Timing of notice to potential enrollees.--Beginning
one year after the date of the enactment of this subsection, a
notice required under paragraph (1) shall be mailed to each
potentially eligible Medicare individual no less than two times
in accordance with the following:
``(A) The notice shall be provided to such
individual on the same schedule and in combination with
the individual's Social Security statement.
``(B) In the case that the individual does not
receive a Social Security statement, such notice shall
be mailed no later than 3 months prior to the date of
such individual's initial enrollment period as provided
under section 1837 and shall subsequently be provided
to such individual no later than one month prior to
such date.
``(5) Creation of a centralized enrollment webpage.--The
information contained in notices required under this subsection
shall be made available through a new Webpage to be maintained
by the Secretary. Such Webpage shall include both Social
Security and Medicare online tools in a coordinated and
organized manner, and shall also contain, or link to, such
other eligibility tools, services, notices (including with
respect to the availability of equitable relief), and other
information as determined by the Secretary, in consultation
with groups described in paragraph (2) for the purposes of
being available to potentially eligible Medicare individuals.
``(6) Interagency coordination.--Beginning not later than 2
months after the date of the enactment of this subsection, the
Secretary, along with the Secretary of the Treasury and the
Commissioner of the Social Security Administration, shall
undertake all necessary action and coordination to identify
potentially eligible individuals and in order to provide such
individuals with notifications under this subsection in
accordance with paragraph (4).
``(7) Notification improvement.--The Secretary shall, no
less than once every fiscal year, review the content of the
notices required under this subsection and the practices of
providing such notices to individuals, and shall update and
revise such notices and practices as the Secretary deems
appropriate.
``(8) Potentially eligible medicare individual defined.--
For purposes of this subsection, the term `potentially eligible
Medicare individual' means an individual, with respect to a
month, who is expected to satisfy the description in paragraph
(1) or (2) of section 1836 during such month or during any of
the subsequent 11 months.''.
(b) Disclosure Authority.--Section 6103(l) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
paragraph:
``(23) Disclosure of return information to carry out
eligibility notification requirements for certain programs.--
``(A) In general.--The Secretary, upon request from
the Secretary of Health and Human Services, shall
disclose to officers, employees, and contractors of the
Department of Health and Human Services and the Social
Security Administration return information of any
taxpayer who is a potentially eligible Medicare
individual (as defined in section 1804(d)(8) of the
Social Security Act). Such return information shall be
limited to--
``(i) taxpayer identity information with
respect to such taxpayer, including the age and
address or other location of such taxpayer,
``(ii) the filing status of such taxpayer,
``(iii) such other information as is
prescribed by the Secretary of Health and Human
Services by regulation as might indicate
whether the taxpayer is eligible for coverage
under such title, and
``(iv) the taxable year with respect to
which the preceding information relates or, if
applicable, the fact that such information is
not available.
``(B) Restriction on use of disclosed
information.--Return information disclosed under
subparagraph (A) may be used by officers, employees,
and contractors of the Department of Health and Human
Services or the Social Security Administration only for
the purposes of, and to the extent necessary in,
establishing potential eligibility for benefits under
title XVIII of the Social Security Act.''.
(c) Computer Matching Agreement.--Not later than 6 months after the
date of the enactment of this Act, the Secretary of Health and Human
Services, the Secretary of the Treasury, and the Commissioner of Social
Security shall enter into a computer matching agreement pursuant to
section 552a(o) of title 5 of the United States Code for the purposes
of implementing section 1804(d) of the Social Security Act, as added by
subsection (a), and section 6103(l)(23) of the Internal Revenue Code of
1986, as added by subsection (b).
(d) Report to Congress.--Not later than 4 years after the date of
the enactment of this Act, the Secretary of Health and Human Services,
the Secretary of the Treasury, and the Commissioner of Social Security
shall submit to Congress a report on the process taken by the relevant
agencies in implementing the notice requirement under subsection (d) of
section 1804 of the Social Security Act (42 U.S.C. 1395b-2), as added
by subsection (a) of this section, the status of notices created
pursuant to such section, and an evaluation of the effect of such
notices on enrollment under title XVIII of the Social Security Act.
Such report shall be made publicly available.
SEC. 3. BENEFICIARY MEDICARE PART B ENROLLMENT PERIODS AND EFFECTIVE
DATE OF COVERAGE.
(a) Effective Dates.--Section 1838(a) of the Social Security Act
(42 U.S.C. 1395q(a)) is amended--
(1) by amending paragraph (2) to read as follows:
``(2)(A) in the case of an individual who enrolls pursuant
to subsection (d) of section 1837 before the month in which he
first satisfies paragraph (1) or (2) of section 1836, the first
day of such month,
``(B) in the case of an individual not described in
subparagraph (A) who first satisfies such paragraph in a month
beginning before January 2019 and who enrolls--
``(i) pursuant to such subsection (d) in such month
in which he first satisfies such paragraph, the first
day of the month following the month in which he so
enrolls,
``(ii) pursuant to such subsection (d) in the month
following such month in which he first satisfies such
paragraph, the first day of the second month following
the month in which he so enrolls, or
``(iii) pursuant to such subsection (d) more than
one month following such month in which he satisfies
such paragraph, the first day of the third month
following the month in which he so enrolls,
``(C) in the case of an individual not described in
subparagraph (A) who enrolls pursuant to subsection (e) of
section 1837 in a month beginning before January 2019, the July
1 following the month in which he so enrolls,
``(D) in the case of an individual not described in
subparagraph (A) who first satisfies such paragraph in a month
beginning on or after January 1, 2019, and who enrolls pursuant
to such subsection (d) in such month in which he first
satisfies such paragraph or in any subsequent month, the first
day of the month following the month in which he so enrolls, or
``(E) in the case of an individual not described in
subparagraph (A) who enrolls pursuant to subsection (e) of
section 1837 in a month beginning on or after October 15, 2018,
the first day of the month following the month in which he so
enrolls.''; and
(2) by amending paragraph (3) to read as follows:
``(3)(A) in the case of an individual who is deemed to have
enrolled on or before the last day of the third month of his
initial enrollment period beginning before January 1, 2019, the
first day of the month in which he first meets the applicable
requirements of section 1836 or July 1, 1973, whichever is
later, or
``(B) in the case of an individual who is deemed to have
enrolled on or after the first day of the fourth month of his
initial enrollment period beginning before January 1, 2019, as
prescribed under subparagraphs (B)(i), (B)(ii), (B)(iii), and
(C) of paragraph (2) of this subsection.''.
(b) General and Special Enrollment Periods.--Section 1837(e) of the
Social Security Act (42 U.S.C. 1395p(e)) is amended to read as follows:
``(e) Enrollment Periods.--
``(1) For coverage during years before 2019.--There shall
be a general enrollment period during the period beginning on
January 1 and ending on March 31 of each year before 2019.
``(2) For coverage during years beginning with 2019.--For
2019 and each subsequent year:
``(A) In general.--Subject to subparagraph (B),
there shall be a general enrollment period beginning on
October 15 of the previous year through December 31 of
such previous year.
``(B) Exceptional circumstances.--The Secretary
shall establish special enrollment periods in the case
of a potentially eligible Medicare individual (as
defined in section 1804(d)(8)) who meets such
exceptional conditions as the Secretary may provide.''.
(c) Technical Correction.--Section 1839(b) of the Social Security
Act (42 U.S.C. 1395r(b)) is amended by striking ``close of the
enrollment period'' each place it appears and inserting ``close of the
month''. | Beneficiary Enrollment Notification and Eligibility Simplification Act of 2017 or the BENES Act of 2017 This bill amends title XVIII (Medicare) of the Social Security Act and the Internal Revenue Code to: establish requirements for the Centers for Medicare & Medicaid Services (CMS) to notify individuals of their potential eligibility for Medicare, require the Internal Revenue Service to disclose to CMS specified taxpayer information for the purpose of establishing individuals' potential Medicare eligibility, and restructure Medicare enrollment periods and coverage periods. | {"src": "billsum_train", "title": "Beneficiary Enrollment Notification and Eligibility Simplification Act of 2017"} | 2,758 | 112 | 0.528823 | 1.316224 | 0.901132 | 2.021053 | 26.905263 | 0.842105 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Access to Investment Research
Act of 2017''.
SEC. 2. SAFE HARBOR FOR INVESTMENT FUND RESEARCH.
(a) Expansion of the Safe Harbor.--Not later than the end of the
180-day period beginning on the date of enactment of this Act, the
Securities and Exchange Commission shall propose, and not later than
the end of the 270-day period beginning on such date, the Commission
shall adopt, upon such terms, conditions, or requirements as the
Commission may determine necessary or appropriate in the public
interest, for the protection of investors, and for the promotion of
capital formation, revisions to section 230.139 of title 17, Code of
Federal Regulations, to provide that a covered investment fund research
report that is published or distributed by a broker or dealer--
(1) shall be deemed, for purposes of sections 2(a)(10) and
5(c) of the Securities Act of 1933 (15 U.S.C. 77b(a)(10),
77e(c)), not to constitute an offer for sale or an offer to
sell a security that is the subject of an offering pursuant to
a registration statement that is effective, even if the broker
or dealer is participating or will participate in the
registered offering of the covered investment fund's
securities; and
(2) shall be deemed to satisfy the conditions of subsection
(a)(1) or (a)(2) of section 230.139 of title 17, Code of
Federal Regulations, or any successor provisions, for purposes
of the Commission's rules and regulations under the Federal
securities laws and the rules of any self-regulatory
organization.
(b) Implementation of Safe Harbor.--In implementing the safe harbor
pursuant to subsection (a), the Commission shall--
(1) not, in the case of a covered investment fund with a
class of securities in substantially continuous distribution,
condition the safe harbor on whether the broker's or dealer's
publication or distribution of a covered investment fund
research report constitutes such broker's or dealer's
initiation or reinitiation of research coverage on such covered
investment fund or its securities;
(2) not--
(A) require the covered investment fund to have
been registered as an investment company under the
Investment Company Act of 1940 (15 U.S.C. 80a-1 et
seq.) or subject to the reporting requirements of
section 13 or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m, 78o(d)) for any period exceeding
the period of time referenced under paragraph
(a)(1)(i)(A)(1) of section 230.139 of title 17, Code of
Federal Regulations; or
(B) impose a minimum float provision exceeding that
referenced in paragraph (a)(1)(i)(A)(1)(i) of section
230.139 of title 17, Code of Federal Regulations;
(3) provide that a self-regulatory organization may not
maintain or enforce any rule that would--
(A) prohibit the ability of a member to publish or
distribute a covered investment fund research report
solely because the member is also participating in a
registered offering or other distribution of any
securities of such covered investment fund; or
(B) prohibit the ability of a member to participate
in a registered offering or other distribution of
securities of a covered investment fund solely because
the member has published or distributed a covered
investment fund research report about such covered
investment fund or its securities; and
(4) provide that a covered investment fund research report
shall not be subject to section 24(b) of the Investment Company
Act of 1940 (15 U.S.C. 80a-24(b)) or the rules and regulations
thereunder, except that such report may still be subject to
such section and the rules and regulations thereunder to the
extent that it is otherwise not subject to the content
standards in the rules of any self-regulatory organization
related to research reports, including those contained in the
rules governing communications with the public regarding
investment companies or substantially similar standards.
(c) Rules of Construction.--Nothing in this Act shall be construed
as in any way limiting--
(1) the applicability of the antifraud or antimanipulation
provisions of the Federal securities laws and rules adopted
thereunder to a covered investment fund research report,
including section 17 of the Securities Act of 1933 (15 U.S.C.
77q), section 34(b) of the Investment Company Act of 1940 (15
U.S.C. 80a-33), and sections 9 and 10 of the Securities
Exchange Act of 1934 (15 U.S.C. 78i, 78j); or
(2) the authority of any self-regulatory organization to
examine or supervise a member's practices in connection with
such member's publication or distribution of a covered
investment fund research report for compliance with applicable
provisions of the Federal securities laws or self-regulatory
organization rules related to research reports, including those
contained in rules governing communications with the public, or
to require the filing of communications with the public the
purpose of which is not to provide research and analysis of
covered investment funds.
(d) Interim Effectiveness of Safe Harbor.--
(1) In general.--From and after the 270-day period
beginning on the date of enactment of this Act, if the
Commission has not adopted revisions to section 230.139 of
title 17, Code of Federal Regulations, as required by
subsection (a), and until such time as the Commission has done
so, a broker or dealer distributing or publishing a covered
investment fund research report after such date shall be able
to rely on the provisions of section 230.139 of title 17, Code
of Federal Regulations, and the broker or dealer's publication
of such report shall be deemed to satisfy the conditions of
subsection (a)(1) or (a)(2) of section 230.139 of title 17,
Code of Federal Regulations, if the covered investment fund
that is the subject of such report satisfies the reporting
history requirements (without regard to Form S-3 or Form F-3
eligibility) and minimum float provisions of such subsections
for purposes of the Commission's rules and regulations under
the Federal securities laws and the rules of any self-
regulatory organization, as if revised and implemented in
accordance with subsections (a) and (b).
(2) Status of covered investment fund.--After such period
and until the Commission has adopted revisions to section
230.139 and FINRA has revised rule 2210, for purposes of
subsection (c)(7)(O) of such rule, a covered investment fund
shall be deemed to be a security that is listed on a national
securities exchange and that is not subject to section 24(b) of
the Investment Company Act of 1940 (15 U.S.C. 80a-24(b)).
(3) Covered investment funds communications.--
(A) In general.--Except as provided in subparagraph
(B), communications that concern only covered
investment funds that fall within the scope of section
24(b) of the Investment Company Act of 1940 (15 U.S.C.
80a-24(b)) shall not be required to be filed with
FINRA.
(B) Exception.--FINRA may require the filing of
communications with the public if the purpose of those
communications is not to provide research and analysis
of covered investment funds.
(e) Definitions.--For purposes of this Act:
(1) The term ``covered investment fund research report''
means a research report published or distributed by a broker or
dealer about a covered investment fund or any securities issued
by the covered investment fund, but not including a research
report to the extent that it is published or distributed by the
covered investment fund or any affiliate of the covered
investment fund.
(2) The term ``covered investment fund'' means--
(A) an investment company registered under, or that
has filed an election to be treated as a business
development company under, the Investment Company Act
of 1940 and that has filed a registration statement
under the Securities Act of 1933 for the public
offering of a class of its securities, which
registration statement has been declared effective by
the Commission; and
(B) a trust or other person--
(i) issuing securities in an offering
registered under the Securities Act of 1933 and
which class of securities is listed for trading
on a national securities exchange;
(ii) the assets of which consist primarily
of commodities, currencies, or derivative
instruments that reference commodities or
currencies, or interests in the foregoing; and
(iii) that provides in its registration
statement under the Securities Act of 1933 that
a class of its securities are purchased or
redeemed, subject to conditions or limitations,
for a ratable share of its assets.
(3) The term ``FINRA'' means the Financial Industry
Regulatory Authority.
(4) The term ``research report'' has the meaning given that
term under section 2(a)(3) of the Securities Act of 1933 (15
U.S.C. 77b(a)(3)), except that such term shall not include an
oral communication.
(5) The term ``self-regulatory organization'' has the
meaning given to that term under section 3(a)(26) of the
Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(26)).
Passed the House of Representatives May 1, 2017.
Attest:
KAREN L. HAAS,
Clerk. | Fair Access to Investment Research Act of 2017 (Sec. 2) This bill directs the Securities and Exchange Commission (SEC) to establish and implement a "safe harbor" for certain investment fund research reports published by brokers and dealers. Such reports shall be deemed not to be "offers" under specified provisions of securities law, even if the broker or dealer participates in the registered offering of the investment fund's securities. In implementing the safe harbor, the SEC must prohibit a self-regulatory organization from maintaining or enforcing a rule that would prevent a member from: (1) publishing or distributing a covered investment fund research report solely because the member is also participating in a registered offering of the fund, or (2) participating in a registered offering of a covered investment fund solely because the member has published a research report about the fund. The bill restricts the SEC from conditioning the safe harbor upon specified requirements. | {"src": "billsum_train", "title": "Fair Access to Investment Research Act of 2017"} | 2,054 | 210 | 0.635533 | 1.988677 | 0.812284 | 2.737143 | 10.605714 | 0.84 |
SECTION 1. CONVERSION OF MULTIFAMILY TRANSITIONAL HOUSING LOAN PROGRAM
TO LOAN ISSUANCE PROGRAM.
(a) Authority To Issue Loans.--
(1) In general.--Section 2051 of title 38, United States
Code, is amended--
(A) in subsection (a)--
(i) by striking ``The'' and inserting ``(1)
The''; and
(ii) by adding at the end the following new
paragraph:
``(2) The Secretary shall, utilizing funds available in the
Multifamily Transitional Housing Loan Program Revolving Fund under
section 2055 of this title, issue not less than five loans that meet
the requirements of this subchapter.'';
(B) in subsection (b)--
(i) in paragraph (1), by striking ``under
subsection (a)'' and inserting ``under
subsection (a)(1)'';
(ii) in paragraph (2), by striking ``under
subsection (a)'' and inserting ``under
subsection (a)(1)''; and
(iii) in paragraph (3), by inserting ``or
issued'' after ``guaranteed'';
(C) in subsection (c), by inserting ``or issued''
after ``guaranteed''; and
(D) in subsection (g), by inserting ``or issued''
after ``guaranteed''.
(2) Authority to delegate approval authority.--Subsection
(c) of such section, as amended by paragraph (1)(C) of this
subsection, is amended--
(A) by striking ``A loan'' and inserting ``(1) A
loan''; and
(B) by adding at the end the following new
paragraph:
``(2) The Secretary may delegate approval under paragraph (1) to a
State or local government entity.''.
(3) Sunset of authority to issue loan guarantees.--Such
section is further amended by adding at the end the following
new subsection:
``(h) The Secretary may not guarantee under subsection (a)(1) any
loan that is closed after the date of the enactment of this subsection.
The termination by this subsection of the authority to guarantee loans
under this subsection shall not affect the validity of any loan
guaranteed under this subchapter before the date of the enactment of
this subsection and is in force on that date.''.
(4) Conforming amendments.--
(A) Section 2052(d) of such title is amended by
inserting ``or issue'' after ``whether to guarantee''.
(B) Section 2053(a) of such title is amended by
inserting ``or issued'' after ``is guaranteed''.
(C) Section 2054(a) of such title is amended--
(i) in the first sentenced, by inserting
``or issued'' after ``guaranteed''; and
(ii) in the last sentence, by inserting
``or loan'' after ``guarantee''.
(5) Clerical amendments.--
(A) The heading of subchapter VI of chapter 20 of
such title is amended by striking ``LOAN GUARANTEE
FOR''.
(B) The table of sections at the beginning of such
chapter is amended by striking the item relating to
subchapter VI and inserting the following new item:
``subchapter vi--multifamily transitional housing''.
(b) Multifamily Transitional Housing Loan Program Revolving Fund.--
(1) In general.--Subchapter VI of chapter 20 of such title
is amended by adding at the end the following new section:
``Sec. 2055. Multifamily Transitional Housing Loan Program Revolving
Fund
``(a) Establishment.--There is established in the Treasury of the
United States a revolving fund known as the `Department of Veterans
Affairs Multifamily Transitional Housing Loan Program Revolving Fund'
(in this section referred to as the `Fund').
``(b) Elements.--There shall be deposited in the Fund the
following, which shall constitute the assets of the Fund:
``(1) Amounts paid into the Fund under any provision of law
or regulation established by the Secretary imposing fees on
persons or entities issued a loan under this subchapter.
``(2) All other amounts received by the Secretary incident
to operations relating to the issuance of loans under this
subchapter, including--
``(A) collections of principal and interest on
loans issued by the Secretary under this subchapter;
``(B) proceeds from the sale, rental, use, or other
disposition of property acquired under this subchapter;
and
``(C) penalties collected pursuant to this
subchapter.
``(3) Amounts appropriated or otherwise made available
before the date of the enactment of this section for purposes
of activities under this subchapter, including amounts
appropriated for such purposes under title I of the Department
of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 2000 (Public Law 106-
74; 113 Stat. 1049).
``(c) Use of Funds.--The Fund shall be available to the Secretary,
without fiscal year limitation, for all operations relating to the
issuance of loans under this subchapter, consistent with the Federal
Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 20 of such title is amended by inserting
after the item relating to section 2054 the following new item:
``2055. Multifamily Transitional Housing Loan Program Revolving
Fund.''.
(c) Clarification of Authority To Determine Terms and Conditions of
Loans.--Subsection (a)(6) of section 2052 of such title is amended by
inserting ``including with respect to forbearance, deferral, and loan
forgiveness,'' after ``determines are reasonable,''.
(d) Clarification of Types of Spaces That May Be Included in
Covered Multifamily Transitional Housing Projects.--Subsection (c)(1)
of such section 2052 is amended by striking ``or job training
programs'' and inserting ``job training programs, other types of
residential units, or other uses that the Secretary considers necessary
for the sustainability of the project''.
(e) Loan Defaults.--Section 2053 of such title is amended by adding
at the end the following new subsection:
``(c) The Secretary may impose such penalties or require such
collateral as the Secretary considers necessary--
``(1) to discourage default on a loan issued under this
subchapter; or
``(2) to mitigate harm to the Department from default on a
loan issued under this subchapter.
``(d) The Secretary shall administer any property coming under the
jurisdiction of the Secretary by reason of default on a loan issued or
guaranteed under this subchapter in accordance with regulations
prescribed by the Secretary for that purpose. Such administration of
property may include selling, renting, or otherwise disposing of
property as the Secretary considers appropriate.''.
(f) Preferential Treatment of Veterans.--
(1) In general.--Subchapter VI of chapter 20 of such title,
as amended by subsection (b), is further amended by adding at
the end the following new section:
``Sec. 2056. Preferential treatment of veterans
``No provision of Federal or State law may prohibit a multifamily
transitional housing project described in section 2052(b) of this title
from offering preferential treatment to veterans.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter, as amended by subsection (b), is
further amended by adding at the end the following new item:
``2056. Preferential treatment of veterans.''.
(g) Technical Corrections.--Section 2052 of such title is amended--
(1) in subsection (b)(2), by striking ``counselling'' both
places it appears and inserting ``counseling''; and
(2) in subsection (d)(2), by striking ``, as assessed under
section 107 of Public Law 102-405''. | Revises the Department of Veterans Affairs (VA) multifamily transitional housing loan program (program) to require the Secretary of Veterans Affairs to issue at least five loans for the construction, rehabilitation, or acquisition of land for multifamily transitional housing projects. Authorizes the Secretary to delegate loan approval authority to a state or local government entity.
Terminates, as of the date of enactment of this Act, the Secretary's authority under the program to guarantee loans for such purposes.
Establishes the Department of Veterans Affairs Multifamily Transitional Housing Loan Program Revolving Fund to fund such loans.
Prohibits any federal or state law from prohibiting a program project offering preferential treatment to veterans. | {"src": "billsum_train", "title": "A bill to amend title 38, United States Code, to improve the multifamily transitional housing loan program of the Department of Veterans Affairs by requiring the Secretary of Veterans Affairs to issue loans for the construction of, rehabilitation of, or acquisition of land for multifamily transitional housing projects instead of guaranteeing loans for such purposes, and for other purposes."} | 1,858 | 152 | 0.567536 | 1.500209 | 0.65183 | 2.634921 | 12.920635 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on the Advancement of
Women in the Science and Engineering Work Forces Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) despite a consistently high presence of women in the
professional and total work forces of the United States, women
continue to be underrepresented in the science and engineering
work forces;
(2) women scientists and engineers have higher rates of
unemployment and underemployment than their male counterparts,
although the number of women receiving degrees in scientific
and engineering disciplines has increased since 1981;
(3) artificial barriers exist in the recruitment,
retention, and advancement of women in the science and
engineering work forces;
(4) academia, industry, and government are increasingly
aware of the necessity of and the advantages derived from
diverse science and engineering work forces;
(5) initiatives of the White House Task Force on Women,
Minorities, and the Handicapped in Science and Technology and
of the Federal Coordinating Council on Science, Engineering,
and Technology have been instrumental in raising public
awareness of--
(A) the underrepresentation of women in the science
and engineering work forces; and
(B) the desirability of eliminating artificial
barriers to the recruitment, retention, and advancement
of women in such work forces; and
(6) the establishment of a commission to examine issues
raised by these initiatives would help to--
(A) focus greater attention on the importance of
eliminating artificial barriers to the recruitment,
retention, and advancement of women in the science and
engineering work forces and in all employment sectors
of the United States;
(B) promote work force diversity;
(C) sensitize employers to the need to recruit and
retain women scientists and engineers in order to
overcome projected shortfalls within the science and
engineering work forces of the United States during the
next 20 years; and
(D) encourage the replication of successful
recruitment and retention programs by universities,
corporations, and Federal agencies having difficulties
in employing women scientists and engineers.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the ``Commission
on the Advancement of Women in the Science and Engineering Work
Forces'' (hereinafter in this Act referred to as the ``Commission'').
SEC. 4. DUTY OF COMMISSION.
The Commission shall conduct a study to--
(1) identify the number of women in the United States in
the science and engineering work forces, the specific types of
occupations in such workforces in which women scientists and
engineers are underrepresented;
(2) examine the preparedness of women to--
(A) pursue careers in the science and engineering
work forces; and
(B) advance to positions of greater responsibility
within academia, industry, and government;
(3) describe the practices and policies of employers and
labor unions relating to the recruitment, retention, and
advancement of women scientists and engineers;
(4) identify the opportunities for, and artificial barriers
to, the recruitment, retention, and advancement of women
scientists and engineers in academia, industry, and government;
(5) describe the employment situations in which the
recruitment, retention, and advancement of women scientists and
engineers are comparable to their male counterparts, and
identify those situations in which such comparability does not
exist;
(6) compile a synthesis of available research on practices,
policies, and programs that have successfully led to the
recruitment, retention, and advancement of women in the science
and engineering work forces, including training programs,
rotational assignments, developmental programs, reward
programs, employee benefit structures, and family leave
policies;
(7) examine such other issues and information relating to
the advancement of women in the science and engineering work
forces as determined by the Commission to be appropriate; and
(8) issue recommendations that government (including
Congress and appropriate Federal agencies), academia, and
private industry can follow to assist in the recruitment,
retention, and advancement of women in science and engineering.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 17
members as follows:
(1) 5 members appointed by the President.
(2) 3 members appointed jointly by the Speaker of the House
of Representatives and the majority leader of the Senate.
(3) 1 member appointed by the majority leader of the House
of Representatives.
(4) 1 member appointed by the minority leader of the House
of Representatives.
(5) 1 member appointed by the majority leader of the
Senate.
(6) 1 member appointed by the minority leader of the
Senate.
(7) 2 Members of the House of Representatives, appointed
jointly by the majority leader and the minority leader of the
House of Representatives.
(8) 2 Senators appointed jointly by the majority leader and
the minority leader of the Senate.
(9) The Director of the Office of Science and Technology
Policy.
(b) Additional Qualifications.--Initial appointments shall be made
under subsection (a) not later than 180 days after the date of the
enactment of this Act. In making each appointment under subsection (a),
the appointing authority shall consider (among other factors) whether
the individual--
(1) is a member of an organization representing women and
minorities;
(2) holds executive management or senior decision-making
positions in any business entity; and
(3) possesses academic expertise or other recognized
abilities relating to employment and employment discrimination
issues.
(c) Political Affiliation.--Not more than \1/2\ of the members
appointed from individuals who are officers or employees of the United
States may be of the same political party.
(d) Continuation of Membership.--If a member was appointed to the
Commission because the member was an officer or employee of any
government and later ceases to be such an officer or employee, that
member may continue as a member of the Commission for not longer than
the 60-day period beginning on the date the member ceases to be such an
officer or employee.
(e) Terms.--
(1) In general.--Each Member shall be appointed for the
life of the Commission.
(2) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(f) Basic Pay.--
(1) Rates of pay.--Except as provided in paragraph (2),
each member of the Commission shall receive compensation at the
daily equivalent of the maximum rate of pay payable under
section 5376 of title 5, United States Code, for each day the
member is engaged in the performance of duties for the
Commission, including attendance at meetings and conferences of
the Commission, and travel to conduct the duties of the
Commission.
(2) Prohibition of compensation of federal employees.--
Members of the Commission who are full-time officers or
employees of the United States or Members of Congress may not
receive additional pay, allowances, or benefits by reason of
their service on the Commission.
(g) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(h) Quorum.--A majority of the members of the Commission shall
constitute a quorum for the transaction of business.
(i) Chairperson.--The Director of the Office of Science and
Technology Policy shall serve as the Chairperson of the Commission.
(j) Meetings.--
(1) Meetings prior to completion of report.--The Commission
shall meet not fewer than 5 times in connection with and
pending the completion of the reports described in subsections
(a) and (b) of section 8. The Commission shall hold additional
meetings for such purpose if the Chairperson or a majority of
the members of the Commission requests the additional meetings
in writing.
(2) Meetings after completion of report.--The Commission
shall meet at least once, but not more than twice after the
completion of the report described in section 8(b), in
connection with and pending completion of the report required
by section 8(c).
(k) Employment Status.--A member of the Commission, who is not
otherwise an officer or employee of the Federal Government, shall not
be deemed to be an employee of the Federal Government except for the
purposes of--
(1) the tort claims provisions of chapter 171 of title 28,
United States Code; and
(2) subchapter I of chapter 81 of title 5, United States
Code, relating to compensation for work injuries.
SEC. 6. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
(a) Director.--The Commission shall have a Director who shall be
appointed by the Chairperson. The Director shall be paid at a rate not
to exceed the maximum annual rate of basic pay payable under section
5376 of title 5, United States Code.
(b) Staff.--Subject to rules prescribed by the Commission, the
Chairperson may appoint and fix the pay of additional personnel as the
Chairperson considers appropriate.
(c) Applicability of Certain Civil Service Laws.--The Director and
staff of the Commission may be appointed without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates, except that
an individual so appointed may not receive pay in excess of the maximum
annual rate of basic pay payable under section 5376 of title 5, United
States Code.
(d) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals not to exceed the maximum annual
rate of basic pay payable under section 5376 of title 5, United States
Code.
(e) 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. 7. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate. The Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) Powers of 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) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the
Chairperson of the Commission, the head of that department or agency
shall furnish that information to the Commission.
(d) 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.
(e) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(f) 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.
(g) Contract Authority.--To the extent provided in advance in
appropriations Acts, the Commission may contract with and compensate
government and private agencies or persons for the purpose of
conducting research or surveys necessary to enable the Commission to
carry out its duties under this Act.
SEC. 8. REPORTS.
(a) Status Report.--Not later than 1 year after the date on which
the initial appointments under section 5(a) are completed, the
Commission shall submit to the President and the Congress a written
report describing the current activities and findings of the Commission
and the direction of the Commission.
(b) Recommendation Report.--Not later than 18 months after the date
on which the initial appointments under section 5(a) are completed, the
Commission shall submit to the President and the Congress a written
report containing--
(1) the findings and conclusions of the Commission
resulting from the study conducted under section 4; and
(2) recommendations, including specific proposed
legislation and administrative action, based on the findings
and conclusions referred to in paragraph (1).
(c) Follow-Up Report.--After submission of the report required by
subsection (b) and before the termination of the Commission, the
Commission shall submit to the President and to the Congress a written
report--
(1) identifying which of the recommendations included in
such report have been implemented; and
(2) containing any additional information the Commission
considers to be appropriate.
SEC. 9. TERMINATION.
The Commission shall terminate 1 year after submitting the report
required by section 8(b).
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal years 1995,
1996, and 1997 such sums as may be necessary to carry out this Act. | Commission on the Advancement of Women in the Science and Engineering Work Forces Act - Establishes the Commission on the Advancement of Women in the Science and Engineering Work Forces. Authorizes appropriations.
Terminates the Commission one year after submission of a report required by this Act. | {"src": "billsum_train", "title": "Commission on the Advancement of Women in the Science and Engineering Work Forces Act"} | 2,878 | 63 | 0.55194 | 1.373971 | 0.741916 | 5.4 | 55.48 | 0.92 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Right to Know Before You Go
Act of 2013''.
SEC. 2. AMENDMENT TO PROGRAM PARTICIPATION AGREEMENTS.
Section 487(a)(17) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)(17)) is amended by inserting ``, in accordance with section
493E'' after ``of the Secretary''.
SEC. 3. INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION FOR
STUDENTS.
Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is
amended by adding at the end the following:
``(n) Alignment With Institutional Reporting Requirements Related
to IPEDS.--
``(1) In general.--Not later than 6 months after the date
of enactment of the Student Right to Know Before You Go Act of
2013, the Secretary shall issue guidance outlining which data
metrics required to be submitted by institutions of higher
education under section 493E are duplicative of institutional
reporting requirements under this section and other provisions
of this Act.
``(2) Link to institutional reporting website.--Not later
than 5 years after the date of enactment of the Student Right
to Know Before You Go Act of 2013, an institution of higher
education participating in any program under this title shall--
``(A) not be required to make available such
duplicative requirements, as determined under paragraph
(1), under this section and other provisions of this
Act; and
``(B) provide a prominently displayed link on the
institution's website to the website described in
section 493E(e).''.
SEC. 4. INSTITUTIONAL REPORTING REQUIREMENTS.
(a) Amendment to Database of Student Information Prohibited.--
Section 134(b) of the Higher Education Act of 1965 (20 U.S.C. 1015c(b))
is amended--
(1) in paragraph (1), by striking ``and'' after the
semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) is necessary to carry out section 493E.''.
(b) Reporting Requirements.--Part G of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1088 et seq.) is amended by adding at
the end the following:
``SEC. 493E. INSTITUTIONAL REPORTING REQUIREMENTS.
``(a) In General.--
``(1) Submission of data.--Each institution of higher
education participating in a program under this title shall
submit to the Secretary data, as determined by the Secretary,
sufficient to complete all student components of reporting
required for the Integrated Postsecondary Education Data System
(referred to in this section as `IPEDS'). Not later than 1 year
after the date of enactment of the Student Right to Know Before
You Go Act of 2013, the Secretary shall submit to institutions
of higher education guidance related to the submission of data
under this paragraph.
``(2) Review.--The Secretary shall review, every 5 years,
the determination of the category of data that shall be
submitted pursuant to paragraph (1).
``(b) Establishment of Additional Student Classifications.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Student Right to Know Before You Go Act of
2013, the Secretary shall--
``(A) establish common definitions for institutions
to follow in submitting the data required under this
section; and
``(B) determine both collection and submission
requirements.
``(2) Identification of unit records.--The Secretary shall
require institutions to identify student unit records to enable
coding and reporting on--
``(A) students who participate in remedial
education at, or through, the institution;
``(B) whether, and at what level, the student is
seeking a degree; and
``(C) whether the student is seeking a certificate.
``(c) Establishment of New Outcome Metrics.--
``(1) In general.--Data submitted to the Secretary under
subsection (a) shall be used to calculate all student
components of IPEDS.
``(2) Additional measures to be calculated.--In addition to
student component outcome measures required to be calculated by
the Secretary on the day before the date of enactment of the
Student Right to Know Before You Go Act of 2013, the Secretary
shall also calculate, not later than 2 years after the date of
enactment of the Student Right to Know Before You Go Act of
2013, at the institutional and program specific level:
``(A) The percent of students who receive--
``(i) Federal grants;
``(ii) Federal loans;
``(iii) State grants;
``(iv) State loans;
``(v) institutional grants; or
``(vi) institutional loans.
``(B) The average amount of total Federal loan debt
upon student graduation assumed by students while
enrolled at the institution.
``(C) The average amount of total Federal loan debt
of students who do not complete a program of study 2
years after the students' last known enrollment in any
institution of higher education.
``(D) Student transfer rates by sector of transfer,
which shall be defined as the percentage of students
who leave an institution and successfully enroll in
another institution, including whether the receiving
institution is a public 4-year institution, public 2-
year institution, public less-than-2-year institution,
private nonprofit 4-year institution, private nonprofit
2-year institution, private nonprofit less-than-2-year
institution, private for-profit 4-year institution,
private for-profit 2-year institution, or private for-
profit less-than-2-year institution.
``(E) Rates of continuation to higher levels of
education.
``(F) The percent of students who receive the
degree level they initially sought.
``(G) The outcome measures described in
subparagraphs (A) through (F), in addition to all
student level components of IPEDS required to be
reported on the day before the date of enactment of the
Student Right to Know Before You Go Act of 2013, shall
also be made available on the basis of the following
student type:
``(i) Students who received a Federal Pell
Grant.
``(ii) Students who received a Federal
Stafford Loan, but not a Federal Pell Grant.
``(iii) Students who received neither a
Federal Pell Grant, nor a Federal Stafford
Loan.
``(iv) Students who are identified as
veterans who received assistance under the
Post-9/11 Veterans Educational Assistance
Program under chapter 33 of title 38, United
States Code. The Secretary of Veterans Affairs
shall coordinate with the Secretary to make
available data sufficient to enable such
reporting under this clause.
``(v) Enrollment status, including the
following:
``(I) First-time, full-time
students.
``(II) First-time, part-time
students.
``(III) Non-first-time, full-time
students.
``(IV) Non-first-time, part-time
students.
``(vi) Enrollment intensity while enrolled
at the institution, including the following:
``(I) Full-time only.
``(II) Part-time only.
``(III) Mixed enrollment, both
full- and part-time.
``(H) Other information determined necessary.
``(d) Linkage to Earnings Record Data.--
``(1) Earnings metrics.--The Secretary, in cooperation with
the Commissioner of Social Security, shall establish a system
under which the student components of IPEDS are used to create
earnings metrics. Such system shall enable the publication of
data on median annual earnings and employment metrics,
disaggregated by--
``(A) educational program based on CIP code;
``(B) credential received;
``(C) educational institution; and
``(D) State of employment.
``(2) Standard time periods for reporting earnings
outcomes.--The Secretary shall make publicly available median
annual earnings disaggregated by the categories described in
subparagraphs (A) through (D) of paragraph (1) for each of the
following time periods:
``(A) 2 years after educational program completion.
``(B) 6 years after educational program completion.
``(C) 15 years after educational program
completion.
``(e) Public Access to Information.--The information aggregated by
the Secretary under this section shall be included in the IPEDS and
posted on a website in a timely and user-friendly manner and in a way
that does not allow for the dissemination of any personally
identifiable information.
``(f) Ensuring Comparability of Data Metric.--For a period of 5
years following the date of enactment of the Student Right to Know
Before You Go Act of 2013, the Secretary shall be responsible for
publishing all student components of IPEDS as such components would
have been produced on the day before the date of enactment of the
Student Right to Know Before You Go Act of 2013.
``(g) Involvement of States and Leveraging of Investment in
Existing State-Based Systems.--
``(1) In general.--Notwithstanding section 444 of the
General Education Provisions Act (20 U.S.C. 1232g, commonly
known as the `Family Educational Rights and Privacy Act of
1974') except as provided in paragraph (2), in carrying out
this section, the Secretary shall consult extensively with
State offices with existing student-level data collections from
public and private institutions.
``(2) No sharing of personally identifiable information.--
The Secretary, a State, or institution shall not share
personally identifiable information of a student in carrying
out paragraph (1), except as necessary to enable individuals
who are employed by the Department to meet the reporting
requirements and data dissemination purposes and requirements
under this Act.
``(h) Involvement of Institutions of Higher Education in Developing
Calculation and Reporting Standards.--In carrying out this section, the
Secretary shall consult extensively with institutions of higher
education and State agencies of higher education, particularly in the
formulation of the calculation and reporting standards outlined in
subsections (b), (c), and (d), and the public access to information
under subsection (e).
``(i) Use of Data for Institutional Improvement.--The Secretary
shall create a process through which institutions of higher education
participating in programs under this title and States may request and
receive from the Department aggregate student outcome data for the
purposes of institutional improvement and program evaluation. The
Secretary shall promulgate regulations to ensure fair and equitable
access to such data. In cases where institutional data are merged with
Federal record sets and the resulting data are used for Federal
accountability purposes beyond reporting to the public, the Secretary
shall develop procedures to provide opportunities for institutional
review of the disaggregated merged data.
``(j) Privacy, Security, and Use of Information.--
``(1) Identity protection.--The data system developed under
this section shall not permit an individual to be individually
identified by users of the data system who are not actively
working as database administrators of the system.
``(2) Data audit and data governance systems.--The data
system developed under this section shall include a data audit
system assessing data quality, validity, and reliability and a
data governance system to ensure compliance with all Federal
standards of data quality and individual privacy.
``(3) Prohibition and unauthorized use.--
``(A) In general.--Individual data collected under
this section shall not be used for any purpose not
specifically authorized by Federal law.
``(B) No federal action.--No action of Federal
authority may be taken against an individual based on
data collected within the data system developed under
this section.
``(C) Guidelines.--The Secretary shall issue
guidelines to institutions regarding the amendment of
the institutions required annual privacy notices to
reference the data collection required under this
section.
``(4) Individual privacy and access to data.--Prior to
implementation of this section, the Secretary shall publish for
public comment assurances that--
``(A) that the system developed under this section
does not disclose any personally identifiable
information and complies with the requirements of
section 444 of the General Education Provisions Act (20
U.S.C. 1232g) (commonly known as the `Family
Educational Rights and Privacy Act') and other
applicable Federal and State privacy laws; and
``(B) that there is a policy on the use of data
collected under this section that prevents any use of
data outside of the purposes of this section.
``(k) Penalties for Unauthorized Disclosure of Data.--Any
individual who willfully discloses a personal identifier (such as a
name or social security number) provided under this section, in any
manner to an entity not entitled to receive the identifier, shall be
fined under title 18, United States Code, imprisoned not more than 5
years, or both.
``(l) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of the fiscal years 2014 through 2022.''. | Student Right to Know Before You Go Act of 2013 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 (HEA) to require institutions of higher education (IHEs) to submit to the Secretary of Education data that the Secretary determines to be sufficient to complete all student components of reporting required for the Integrated Postsecondary Education Data System (IPEDS). Directs the Secretary to review that determination every five years. Requires the Secretary to: (1) establish common definitions for IHEs to follow in submitting the data required under this Act, and (2) determine both collection and reporting requirements. Directs the Secretary to require IHEs to identify student unit records to enable coding and reporting on: (1) students who participate in remedial education; (2) whether, and at what level, the student is seeking a degree; and (3) whether the student is seeking a certificate. (Student unit records are used to collect information at the student, rather than institutional, level.) Requires the Secretary to also calculate, within two years of this Act's enactment, at the institutional and program specific level: the percentage of students who receive federal, state, or institutional grants or loans; the average amount of federal loan debt students have accumulated by graduation; the average amount of total federal loan debt of students who do not complete a program of study two years after their last known enrollment in any IHE; student transfer rates by sector of transfer; rates of continuation to higher levels of education; and the percentage of students who receive the degree level they initially sought. Directs the Secretary to make those student outcome measures and the currently reported student level components of IPEDS available by specified student types that are differentiated on the basis of their: (1) receipt or non-receipt of federal Pell Grants or Stafford Loans, (2) participation in the Post-9/11 Veterans Educational Assistance Program, (3) enrollment status, and (4) enrollment intensity. Requires the Secretary, in cooperation with the Commissioner of Social Security, to establish a system which uses the student components of IPEDS to create earnings metrics that allow the publication of median annual earnings and employment data that is disaggregated by: (1) educational program, credential received, school, and state of employment; and (2) the 2-, 6-, and 15-year periods after educational program completion. Requires the information aggregated by the Secretary under this Act to be made available on IPEDS and posted on a website in a timely and user-friendly manner that protects personally identifiable information. Requires IHEs, within five years of this Act's enactment, to provide a prominently displayed link on their websites to the website containing such information. Eliminates, within five years of this Act's enactment, IHE data reporting requirements under the HEA that are deemed duplicative. Directs the Secretary to create a process through which IHEs and states may request and receive from the Department of Education aggregate student outcome data for the purposes of institutional improvement and program evaluation. Prohibits the unauthorized use of the data collected pursuant to this Act. | {"src": "billsum_train", "title": "Student Right to Know Before You Go Act of 2013"} | 2,930 | 678 | 0.522755 | 1.756741 | 0.677705 | 3.807947 | 4.587748 | 0.903974 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Plain Language in Government
Communications Act of 2008''.
SEC. 2. PURPOSE.
The purpose of this Act is to improve the Federal Government's
effectiveness and accountability to the public by promoting clear
communication that the public can understand and use.
SEC. 3. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' means an Executive agency,
as that term is defined in section 105 of title 5, United
States Code.
(2) Plain language.--The term ``plain language'' means
language that the intended audience can readily understand and
use because it is clear, concise, well-organized, and follows
other best practices of plain language writing.
SEC. 4. RESPONSIBILITIES OF FEDERAL AGENCIES.
(a) Requirement to Use Plain Language in New Documents.--Within one
year after the date of the enactment of this Act, each agency--
(1) shall use plain language in any covered document of the
agency issued or substantially revised after the date of the
enactment of this Act;
(2) may use plain language in any revision of a covered
document issued on or before such date; and
(3) shall, when appropriate, use the English language in
covered documents.
(b) Guidance.--In implementing subsection (a), an agency may follow
either the guidance of the Plain English Handbook, published by the
Securities and Exchange Commission, or the Federal Plain Language
Guidelines. If any agency has its own plain language guidance, the
agency may use that guidance, as long as it is consistent with the
Federal Plain Language Guidelines, the Plain English Handbook,
published by the Securities and Exchange Commission, and the
recommendations made by the Comptroller General under section 5(c).
(c) Additional Provisions Relating to Use of English Language.--
Nothing in this Act shall be construed--
(1) to prohibit the use of a language other than English;
(2) to limit the preservation or use of Native Alaskan or
Native American languages (as defined in the Native American
Languages Act);
(3) to disparage any language or discourage any person from
learning or using a language;
(4) to impact or affect protections regarding language
access; or
(5) to be inconsistent with the Constitution of the United
States.
(d) Covered Document.--In this section, the term ``covered
document''--
(1) means any document that explains how to obtain a
benefit or service or file taxes, or that is relevant to
obtaining a benefit or service or filing taxes; and
(2) includes, whether in paper or electronic form, a
letter, publication, form, notice, or instruction but does not
include a regulation.
(e) Use of Plain Language by Agencies.--Each agency should, to the
extent practicable and appropriate, use plain language in any
collection of information (as defined in section 3502(3)(A)(i) of title
44, United States Code).
(f) Incorporation of Comptroller General Recommendations.--
(1) Reports.--
(A) Federal aviation administration.--The
Administrator of the Federal Aviation Administration,
acting through the Plain Language Action and
Information Network, shall submit to the committees
described in paragraph (2) a report on whether the
recommendations made by the Comptroller General in the
report under section 5(c) have been incorporated into
the Federal Plain Language Guidelines described in
subsection (b), and, if such recommendations have not
been incorporated, an explanation of why they have not
been incorporated.
(B) Securities and exchange commission.--The
Securities and Exchange Commission shall submit to the
committees described in paragraph (2) a report on
whether the recommendations made by the Comptroller
General in the report under section 5(c) have been
incorporated into the Plain English Handbook described
in subsection (b), and, if such recommendations have
not been incorporated, an explanation of why they have
not been incorporated.
(2) Committees.--The committees described in this paragraph
are the Committee on Oversight and Government Reform of the
House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate.
(3) Deadline.--The reports required under paragraph (1)
shall be submitted within six months after the issuance of the
report provided by the Comptroller General under section 5(c).
SEC. 5. REPORTS TO CONGRESS.
(a) Initial Report.--Within six months after the date of the
enactment of this Act, the head of each agency shall submit to the
Committee on Oversight and Government Reform of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a report that describes how the agency intends to
meet the following objectives:
(1) Communicating the requirements of this Act to agency
employees.
(2) Training agency employees to write in plain language.
(3) Meeting the deadline set forth in section 4(a).
(4) Ensuring ongoing compliance with the requirements of
this Act.
(5) Designating a senior official to be responsible for
implementing the requirements of this Act.
(6) Using, to the extent practicable and appropriate, plain
language in regulations promulgated by the agency.
(b) Annual and Other Reports.--
(1) The head of each agency shall submit to the Committee
on Oversight and Government Reform of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on--
(A) compliance with this Act; and
(B) the agency's continued efforts to meet the
objectives specified in subsection (a).
(2) A report under this subsection shall be submitted--
(A) annually for the first two years after the date
of the enactment of this Act; and
(B) once every three years thereafter.
(c) Evaluation and Report by Comptroller General.--Within six
months after the date of the enactment of this Act, the Comptroller
General shall evaluate existing guidance for agencies on writing in
plain language, including the guidance listed in section 4(b), and
provide to the Office of Management and Budget, the Committee on
Oversight and Government Reform of the House of Representatives, and
the Committee on Homeland Security and Governmental Affairs of the
Senate a report providing recommendations on--
(1) plain language guidelines; and
(2) best practices for plain language.
Passed the House of Representatives April 14, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Plain Language in Government Communications Act of 2008 - (Sec. 4) Requires each executive agency, within one year, to: (1) use plain language in any covered document issued or substantially revised after the date of the enactment of this Act; and (2) use the English language in covered documents when appropriate. Authorizes agencies to: (1) use plain language in any revision of a covered document issued on or before such date; and (2) follow the guidance of the Plain English Handbook published by the Securities and Exchange Commission (SEC), the Federal Plain Language Guidelines, or their own plain language guidance as long as it is consistent with such Handbook, Guidelines, and the Comptroller General's recommendations.
Declares that nothing in this Act shall be construed to: (1) prohibit the use of a language other than English; (2) limit the preservation or use of Native Alaskan or Native American languages; (3) disparage any language or discourage any person from learning or using a language; (4) affect protections regarding language access; or (5) be inconsistent with the Constitution.
Defines "covered document" to include: (1) any document relevant to obtaining a benefit or service or filing taxes; and (2) a letter, publication, form, notice, or instruction, in paper or electronic form, but not a regulation.
Requires agencies to use plain language in any collection of information.
Requires the Administrator of the Federal Aviation Administration (FAA), acting through the Plain Language Action and Information Network, and the SEC to report to specified congressional committees on whether the Comptroller General's recommendations about plain language guidelines and best practices have been incorporated into the Federal Plain Language Guidelines and the Plain English Handbook and, if not, why.
(Sec. 5) Requires each agency head to report to specified congressional committees on how it intends to: (1) communicate the requirements of this Act to employees; (2) train employees to write in plain language; (3) meet the one year deadline; (4) ensure ongoing compliance with this Act; (5) designate a senior official to be responsible for implementing this Act; and (6) use plain language in promulgated regulations. Requires agency heads to report on efforts to meet such objectives and on compliance with this Act.
Requires the Comptroller General to evaluate existing guidance for agencies on writing in plain language and report to the Office of Management and Budget (OMB) and specified congressional committees on plain language guidelines and best practices. | {"src": "billsum_train", "title": "To enhance citizen access to Government information and services by establishing plain language as the standard style for Government documents issued to the public, and for other purposes."} | 1,408 | 534 | 0.816173 | 3.038882 | 0.82558 | 4.240964 | 2.668675 | 0.951807 |
SECTION 1. LIMITATIONS ON BASE CLOSURE AND REALIGNMENT ACTIVITIES AND
CRITERIA FOR CERTAIN DECISIONS INVOLVING SUCH ACTIVITIES.
(a) Findings.--Congress makes the following findings:
(1) In 2012, the Department of Defense requested additional
rounds of defense base closure and realignment in 2013 and
2015.
(2) There have been five rounds of defense base closure and
realignment (BRAC) in the last 25 years (1988, 1991, 1993,
1995, and 2005).
(3) Congress has not approved additional rounds of base
closure and realignment to occur after 2005, and recognizes
that the 2005 round incurred substantial costs that will not be
offset by savings for nearly two decades.
(4) According to the Government Accountability Office,
implementation of the 2005 round of defense base closure and
realignment cost $35,100,000,000, or approximately
$14,100,000,000 more than was estimated by the 2005 Base
Closure and Realignment Commission.
(5) Furthermore, the Government Accountability Office has
determined that the 2005 round of defense base closure and
realignment will take 17 years before taxpayers realize net
savings from the round.
(6) On March 8, 2012, defending the request for additional
rounds of defense base closure and realignment in testimony
before the Committee on Armed Services of the House of
Representatives, Dr. Dorothy Robyn, Deputy Undersecretary of
Defense for Installations and Environment, asserted that the
Department of Defense would close military installations using
non-BRAC authorities, stating that ``if Congress does not
authorize additional BRAC rounds the department will be forced
to use its existing authorities to begin to realign and close
bases''.
(7) The Department of Defense may close or realign bases
only if a round of defense base closure and realignment is
carried out in compliance with sections 2687 and 993 of title
10, United States Code.
(8) Section 2687 of title 10, United States Code, contains
ambiguous language, leading the Department of Defense to pursue
significant closures and realignments without congressional
approval or an authorization for a round of defense base
closure and realignment.
(9) Sections 2687 and 993 of title 10, United States Code,
contain single action limits on reductions that are too easily
circumvented by cumulative actions.
(10) As demonstrated by BRAC and other closure and
realignment actions, base closures and realignments can have
significant effects on Department of Defense functions, current
and future operational capabilities, and on host communities
and States.
(11) Recommendations for closures and realignments should
be carried out only with the consent of Congress, which has the
constitutional responsibility to ``raise and support Armies,''
``provide and maintain a Navy,'' ``make Rules for the
Government and Regulation of the land and naval Forces,'' and
``provide for organizing, arming, and disciplining, the
Militia, and for governing such Part of them as may be employed
in the Service of the United States''.
(b) Limitations on Base Closure and Realignment Activities.--
Section 2687 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``at which at
least 300 civilian personnel are authorized to be
employed'';
(B) by amending paragraph (2) to read as follows:
``(2) any realignment with respect to any military
installation involving a reduction in the number of military
and civilian personnel authorized to be employed at such
military installation at the time the Secretary of Defense
notifies Congress under subsection (b) of the Secretary's
proposal to close or realign such installation by more than the
lesser of--
``(A) 100; or
``(B) 50 percent of the highest number of military
and civilian personnel assigned to such installation
during any of the previous 4 years; or''; and
(C) in paragraph (3)--
(i) by striking ``other than a military
installation referred to in clause (1) or
(2)'';
(ii) by inserting ``military or'' before
``civilian personnel''; and
(iii) by striking ``to which clause (1) or
(2)'' and inserting ``to which paragraph (1) or
(2)'';
(2) in subsection (b)--
(A) by striking ``referred to in such subsection'';
(B) in paragraph (1)--
(i) by striking ``or the Secretary of the
military department concerned'';
(ii) by redesignating subparagraphs (A) and
(B) as subparagraphs (B) and (D), respectively;
(iii) by inserting before subparagraph (B),
as redesignated by clause (ii), the following
new subparagraph:
``(A) a justification for the proposed action;'';
(iv) in subparagraph (B), as so
redesignated, by striking ``; and'' and
inserting a semicolon;
(v) by inserting after subparagraph (B), as
so redesignated, the following new
subparagraph:
``(C) a description of the alternatives
considered;'';
(vi) in clause (ii) of subparagraph (D), as
so redesignated, by striking ``; and'' and
inserting a semicolon; and
(vii) by inserting after subparagraph (D),
as so redesignated, the following new
subparagraphs:
``(E) an estimate of the number of military,
civilian, and contractor personnel affected by the
proposed action; and
``(F) a plan to provide support for affected
communities; and''; and
(C) by amending paragraph (2) to read as follows:
``(2) Congress has enacted legislation expressly
authorizing the action.'';
(3) in subsection (c)--
(A) by striking ``shall not apply to the closure''
and inserting the following: ``shall not apply--
``(1) to the closure'';
(B) by striking ``or a military emergency.'' and
inserting ``or a military emergency; or''; and
(C) by adding at the end the following new
paragraph:
``(2) to the relocation from a military installation of
personnel or functions that are required to support the
deployment of members of the armed forces, provided that such
personnel and functions are returned to the military
installation after the deployment.'';
(4) in subsection (d), by striking ``(1) After the
expiration'' and all that follows through ``(2) Nothing in this
section'' and inserting ``Nothing in this section'';
(5) in subsection (e)--
(A) in paragraph (1), by inserting ``and any public
land under Bureau of Land Management control that is
withdrawn and reserved for military training and
testing'' after ``including any leased facility'';
(B) by amending paragraph (3) to read as follows:
``(3) The term `realignment' includes any action or
combination of actions within a 4-year period that reduces or
relocates functions and military or civilian personnel
positions, but does not include a reduction in force resulting
from a reduction in military end strength levels or a reduction
in total civilian personnel levels.'';
(C) by striking paragraph (4); and
(D) by adding at the end the following new
paragraph:
``(4) The term `closure' includes any action or combination
of actions that results in the elimination of all active
functions at a military installation, the elimination of all
military and civilian personnel positions at a military
installation, or the placement of a military installation into
non-active status.''; and
(6) by adding at the end the following new subsections:
``(g) For purposes of this section, the component bases of a joint
base shall be considered as independent military installations, and not
collectively as a single military installation.
``(h) For purposes of this section, any leased space in which more
than 300 combined military and civilian personnel are housed shall be
considered to be an independent military installation, and shall not be
considered part of a larger military installation. Functions and
personnel located at a leased space may be transferred to another
leased space located within 50 miles or to the nearest military
installation located within 50 miles notwithstanding any limitations in
this section.''. | Revises provisions concerning a required congressional notification and waiting period prior to the closure or realignment of a military installation by the Department of Defense (DOD) to instead prohibit, absent specific legislative authorization, any realignment involving a reduction of the lesser of: (1) 100 or more combined military and civilian personnel, or (2) 50% of the highest number of such personnel assigned to that installation during any of the previous four years. Allows only the Secretary of Defense (under current law, either such Secretary or the Secretary of the military department concerned) to provide such notification, and to include a description of the alternatives considered, an estimate of the number of military, civilian, and contractor personnel affected, and a plan to provide support for affected communities.
Excepts from such requirements the relocation of personnel or functions required to support the deployment of members of the Armed Forces, as long as such personnel and functions are returned to the installation after the deployment.
Includes as a military installation, for purposes of such requirements: (1) any public land under Bureau of Land Management control that is withdrawn and reserved for military training and testing, and (2) any leased space in which more than 300 combined military and civilian personnel are housed. | {"src": "billsum_train", "title": "A bill to reassert the proper role of Congress in closing or realigning military installations."} | 1,836 | 253 | 0.509782 | 1.641526 | 0.645968 | 3.727273 | 7.347107 | 0.900826 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Competition in Foreign Commerce
Act''.
SEC. 2. FINDINGS AND STATEMENT OF PURPOSE.
(a) Findings.--Congress finds that--
(1) The United States makes substantial contributions and
provides significant funding for major international
development projects through the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-
American Development Bank, the International Monetary Fund, the
Asian Development Bank, the Inter-American Investment
Corporation, the North American Development Bank, the African
Development Fund, and other multilateral lending institutions.
(2) These international development projects are often
plagued with fraud, corruption, waste, inefficiency, and misuse
of funding.
(3) Fraud, corruption, waste, inefficiency, misuse, and
abuse are major impediments to competition in foreign commerce
throughout the world.
(4) Identifying these impediments after they occur is
inadequate and meaningless.
(5) Detection of impediments before they occur helps to
ensure that valuable United States resources contributed to
important international development projects are used
appropriately.
(6) Independent third-party procurement monitoring is an
important tool for detecting and preventing such impediments.
(7) Third-party procurement monitoring includes evaluations
of each stage of the procurement process and assures the
openness and transparency of the process.
(8) Improving transparency and openness in the procurement
process helps to minimize fraud, corruption, waste,
inefficiency, and other misuse of funding, and promotes
competition, thereby strengthening international trade and
foreign commerce.
(b) Purpose.--The purpose of this Act is to build on the excellent
progress associated with the Organization on Economic Development and
Cooperation Agreement on Bribery and Corruption, by requiring the use
of independent third-party procurement monitoring as part of the United
States participation in multilateral development banks and other
lending institutions and in the disbursement of nonhumanitarian foreign
assistance funds.
SEC. 3. DEFINITIONS.
(a) Definitions.--In this Act:
(1) Appropriate committees.--The term ``appropriate
committees'' means the Committee on Commerce, Science, and
Technology of the Senate and the Committee on Commerce of the
House of Representatives.
(2) Independent third-party procurement monitoring.--The
term ``independent third-party procurement monitoring'' means a
program to--
(A) eliminate bias,
(B) promote transparency and open competition, and
(C) minimize fraud, corruption, waste,
inefficiency, and other misuse of funds,
in international procurement through independent evaluation of
the technical, financial, economic, and legal aspects of the
procurement process.
(3) Independent.--The term ``independent'' means that the
person monitoring the procurement process does not render any
paid services to private industry and is neither owned nor
controlled by any government or government agency.
(4) Each stage of procurement.--The term ``each stage of
procurement'' means the development and issuance of technical
specifications, bidding documents, evaluation reports, contract
preparation, and the delivery of goods and services.
(5) Multilateral development banks and other lending
institutions.--The term ``multilateral development banks and
other lending institutions'' means the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-
American Development Bank, the International Monetary Fund, the
Asian Development Bank, the Inter-American Investment
Corporation, the North American Development Bank, and the
African Development Fund.
SEC. 4. REQUIREMENTS FOR FAIR COMPETITION IN FOREIGN COMMERCE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Treasury shall transmit to
the President and to appropriate committees of Congress a strategic
plan for requiring the use of independent third-party procurement
monitoring and other international procurement reforms relating to the
United States participation in multilateral development banks and other
lending institutions.
(b) Strategic Plan.--The strategic plan shall include an
instruction by the Secretary of the Treasury to the United States
Executive Director of each multilateral development bank and lending
institution to use the voice and vote of the United States to oppose
the use of funds appropriated or made available by the United States
for any non-humanitarian assistance, until--
(1) the recipient international financial institution has
adopted an anticorruption plan that requires the use of
independent third-party procurement monitoring services and
ensures openness and transparency in government procurement;
and
(2) the recipient country institutes specific strategies
for minimizing corruption and maximizing transparency in each
stage of the procurement process.
(c) Annual Reports.--Not later than June 29 of each year, the
Secretary of the Treasury shall report to Congress on the progress in
implementing procurement reforms made by each multilateral development
bank and lending institution and each country that received assistance
from a multilateral development bank or lending institution during the
preceding year.
(d) Restrictions on Assistance.--Notwithstanding any other
provision of law, no funds appropriated or made available for
nonhumanitarian foreign assistance programs, including the activities
of the Agency for International Development, may be expended for those
programs unless the recipient country, multilateral development bank or
lending institution has demonstrated that--
(1) procurement practices are open, transparent, and free
of corruption, fraud, inefficiency, and other misuse, and
(2) independent third-party procurement monitoring has been
adopted and is being used by the recipient.
SEC. 5. EXCEPTIONS.
(a) National Security Interest.--Section 4 shall not apply with
respect to a country if the President determines with such respect to
such country that making funds available is important to the national
security interest of the United States. Any such determination shall
cease to be effective 6 months after being made unless the President
determines that its continuation is important to the national security
interest of the United States.
(b) Other Exceptions.--Section 4 shall not apply with respect to
assistance to--
(1) meet urgent humanitarian needs (including providing
food, medicine, disaster, and refugee relief);
(2) facilitate democratic political reform and rule of law
activities;
(3) create private sector and nongovernmental organizations
that are independent of government control; and
(4) facilitate development of a free market economic
system. | Fair Competition in Foreign Commerce Act - Directs the Secretary of the Treasury to report to the President and to appropriate congressional committees on a strategic plan for requiring the use of independent third-party procurement monitoring and other international procurement reforms with respect to U.S. participation in multilateral development banks and other lending institutions. Requires such plan to include an instruction by the Secretary to the U.S. Executive Director of each multilateral development bank and lending institution to use the vote of the United States to oppose the use of funds appropriated or made available by the United States for any non- humanitarian assistance, until: (1) the recipient international financial institution has adopted an anticorruption plan that requires the use of independent third-party procurement monitoring services and ensures openness and transparency in government procurement; and (2) the recipient country institutes specific strategies for minimizing corruption and maximizing transparency in each stage of the procurement process.
Prohibits the use of funds for nonhumanitarian foreign assistance programs (including Agency for International Development (AID) activities) unless the recipient country, multilateral development bank or lending institution has demonstrated that: (1) procurement practices are open, transparent, and free of corruption, fraud, inefficiency, and other misuse; and (2) the recipient has adopted and is using independent third-party procurement monitoring.
Specifies exceptions to the requirements of this Act. | {"src": "billsum_train", "title": "Foreign Competition in Foreign Commerce Act"} | 1,355 | 286 | 0.672776 | 2.371626 | 0.719816 | 6.254826 | 4.96139 | 0.949807 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``East Saint Louis Jefferson National
Expansion Memorial Architectural Design Competition Act''.
SEC. 2. ARCHITECTURAL DESIGN COMPETITION.
(a) Commission.--
(1) Establishment.--There is established a commission to be
composed of 7 members appointed by the Secretary of the
Interior, of whom--
(A) two shall be selected from among persons who
represent the Saint Louis, Missouri, community;
(B) two shall be selected from among persons who
represent the East Saint Louis, Illinois, community;
(C) two shall be selected from among persons who
represent the Department of the Interior; and
(D) one shall be selected from among disinterested
persons who are experts in the area of architectural
design, and who shall serve as the professional advisor
to the Commission.
(2) Appointment of members.--The Secretary shall appoint
the members of the commission not later than 90 days after the
date of enactment of this Act.
(3) Terms.--Members shall be appointed for the life of the
commission.
(4) Vacancies.--Any vacancy in the commission shall not
affect its powers, but shall be filled in the same manner as
the original appointment.
(5) Chairperson and vice chairperson.--The commission shall
select a Chairperson and Vice Chairperson from among the
members of the commission.
(6) Meetings.--
(A) Initial meeting.--The Secretary shall schedule
and call the first meeting not later than 30 days after
the date on which all members of the commission have
been appointed.
(B) Subsequent meetings.--The commission shall meet
at the call of the Chairperson.
(7) Compensation of members.--Members of the commission
shall serve without compensation, except that members shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the commission.
(8) Staff.--
(A) In general.--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 to enable the commission to perform its
duties. The employment of an executive director shall
be subject to confirmation by the commission.
(B) Compensation.--The Chairperson may fix the
compensation of the executive director and other
personnel without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions
and General Schedule pay rates, except that the rate of
pay for the executive director and other personnel may
not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
(9) Detail of government employees.--Any Federal Government
employee may be detailed to the commission without
reimbursement, and such detail shall be without interruption or
loss of civil service status or privilege.
(10) Procurement of temporary and intermittent services.--
The Chairperson may procure temporary and intermittent services
under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the
annual rate of basic pay prescribed for level V of the
Executive Schedule under section 5316 of such title.
(11) Powers of the commission.--
(A) Information from federal agencies.--The
commission may secure directly from any Federal
department or agency such information as the commission
considers necessary to carry out this Act. Upon request
of the Chairperson, the head of such department or
agency shall furnish such information to the
commission.
(B) Postal services.--The commission may use the
United States mails in the same manner and under the
same conditions as other departments and agencies of
the Federal Government.
(C) Gifts.--The commission may accept, use, and
dispose of gifts or donations of services or property.
(b) Architectural Competition.--The commission shall conduct an
architectural competition to solicit design proposals for a museum to
be built on the East Saint Louis portion of the Jefferson National
Expansion Memorial. The member of the Commission appointed pursuant to
subsection (a)(1)(D) shall organize, manage, and direct the
competition, identify potential jurors, and appoint jurors, with the
approval of the commission.
(c) Study.--The commission shall conduct a study into possible
funding mechanisms for the development, construction, and maintenance
of the museum identified in subsection (b).
(d) Report.--Not later than 18 months after the date of enactment
of this Act, the commission shall submit a report, with
recommendations, to the President and Congress. The report shall
contain a detailed statement of the findings and conclusions of the
commission with respect to the museum and possible funding mechanisms.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $300,000 to carry out this
Act. | East Saint Louis Jefferson National Expansion Memorial Architectural Design Competition Act - Establishes a commission to: (1) conduct an architectural competition to solicit design proposals for a museum to be built on the East Saint Louis portion of the Jefferson National Expansion Memorial; and (2) study and report to the President and the Congress on possible funding mechanisms for the development, construction, and maintenance of the museum.
Authorizes appropriations. | {"src": "billsum_train", "title": "East Saint Louis Jefferson National Expansion Memorial Architectural Design Competition Act"} | 1,084 | 89 | 0.501717 | 1.319278 | 0.29059 | 5.675 | 12.5875 | 0.95 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Governors Island National Monument
Ratification Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) In August 1776, the fortifications at Governors Island,
New York, provided cover allowing George Washington's
Continental Army to escape a British onslaught during the
Battle of Long Island.
(2) The State of New York, for nominal consideration, ceded
control of Governors Island to the Federal Government in 1800
to provide for the defense of the United States.
(3) Between 1800 and 1811, Castle Williams and Fort Jay
were constructed on Governors Island to anchor the defense of
New York Harbor.
(4) During the War of 1812, the combined firepower of
Castle Williams and Fort Jay and the Southwest Battery in
Manhattan dissuaded the British from making a direct attack on
New York City, which was the largest city in and principal
seaport of the United States at the time.
(5) Governors Island, including Castle Williams and Fort
Jay, played a significant role in the Civil War, World War I,
and World War II, and continued to serve the United States Army
through 1966, and thereafter the United States Coast Guard
until 1997.
(6) Castle Williams is named after Lieutenant Colonel
Jonathan Williams, who built the semicircular ``cheesebox''
fort and later served as the first superintendent of the
Military Academy at West Point.
(7) The pentagonal Fort Jay, named after John Jay, is the
complement of Fort Wood on nearby Liberty Island, which serves
as the base of the Statue of Liberty.
(8) In Presidential Proclamation No. 7402 of January 19,
2001, former President Clinton established the Governors Island
National Monument, consisting of Castle Williams and Fort Jay
and certain additional lands, as depicted on the map entitled
``Governors Island National Monument'' attached to the
proclamation.
(9) The Department of Justice has issued an opinion that
notwithstanding the Presidential Proclamation, the National
Monument could be sold and cease to exist if the rest of
Governors Island is conveyed to a party other than the United
States pursuant to the Balanced Budget Act of 1997.
(10) More than 200 years of contributions to the history of
the United States, and the important educational and cultural
opportunities that Castle Williams and Fort Jay represent,
could be lost if the National Monument ceased to exist.
(b) Purposes.--The purposes of this Act are--
(1) to prevent the deterioration of the historic military
buildings on Governors Island in New York Harbor;
(2) to ensure that Castle Williams and Fort Jay are--
(A) retained in Federal ownership;
(B) available for the benefit and inspiration of
the people of the United States; and
(C) afforded protection by the National Park
Service as a unit of the National Park System; and
(3) to provide the general public with--
(A) access to Governors Island;
(B) access to open park space to experience the
majestic views of New York Harbor; and
(C) opportunities that illustrate the significant
contributions of Governors Island to the history of the
United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Island.--The term ``island'' means Governors Island,
New York.
(3) Management entity.--The term ``management entity''
means any person, group, entity, corporation, State or local
unit of government, or other organization to whom the
Administrator sells or transfers portions of Governors Island
excluding the Governors Island National Monument.
(4) Management plan.--The term ``management plan'' means
the management plan required by section 4(d).
(5) Monument.--The term ``Monument'' means the Governors
Island National Monument established by Presidential
Proclamation No. 7402 of January 19, 2001 (66 Fed. Reg. 7855),
including the building, land, and dock described on the map in
section 4(b).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. GOVERNORS ISLAND NATIONAL MONUMENT.
(a) Ratification; Transfer of Administrative Jurisdiction and
Management.--Notwithstanding section 9101 of the Balanced Budget Act of
1997 (Public Law 105-33; 111 Stat. 670) or any other provision of law--
(1) the establishment of the Governors Island National
Monument by Presidential Proclamation No. 7402 of January 19,
2001 (66 Fed. Reg. 7855), is hereby ratified and the Monument
shall not be subject to sale under such section 9101 or
otherwise; and
(2) not later than 180 days after the date of the enactment
of this Act, the Administrator shall transfer to the Secretary,
for no consideration, administrative jurisdiction over, and
management of, the Monument.
(b) Inclusion of Building, Land, and Dock in Boundary.--The
boundary of the Governors Island National Monument established by
Presidential Proclamation 7402 shall include Building 140, its land,
and Dock 102 as depicted on the map entitled ``Governors Island
National Monument Boundary Map'', numbered 019/80,001, and dated August
20, 2001. The map shall be on file and available for inspection in the
appropriate offices of the National Park Service, Department of the
Interior.
(c) Administration.--
(1) In general.--The Monument shall be administered by the
Secretary in accordance with--
(A) this Act; and
(B) laws generally applicable to units of the
National Park System, including--
(i) the Act entitled ``An Act to establish
a National Park Service, and for other
purposes'', approved August 25, 1916 (16 U.S.C.
1 et seq.); and
(ii) the Act entitled ``An Act to provide
for the preservation of historic American
sites, buildings, objects, and antiquities of
national significance, and for other
purposes'', approved August 21, 1935 (16 U.S.C.
461 et seq.).
(2) Cooperative agreements.--The Secretary may consult, and
enter into cooperative agreements, with the Administrator or
any management entity to provide for the preservation,
development, interpretation, and use of, and access to, the
Monument.
(3) Interpretive services.--Subject to an agreement with
the Administrator or any management entity, the Secretary may
provide interpretive services and signage in the Governors
Island National Historic Landmark District.
(d) Management Plan.--
(1) In general.--Not later than January 19, 2004, the
Secretary shall prepare a complete management plan for the
Monument in consultation with appropriate public and private
entities.
(2) Applicable law.--The Secretary shall prepare the
management plan in accordance with applicable laws, including
section 12(b) of the Act entitled ``An Act to improve the
administration of the National Park System by the Secretary of
the Interior, and to clarify the authorities applicable to the
system, and for other purposes'', approved August 18, 1970 (16
U.S.C. 1a-7(b)).
(3) Submission.--On completion of the management plan, the
Secretary shall submit a copy of the management plan to--
(A) the Committee on Resources of the House of
Representatives; and
(B) the Committee on Energy and Natural Resources
of the Senate.
(e) Reservations of Rights of Access and Use.--As a condition of
the Administrator's conveyance of portions of the island to any
management entity, the Administrator shall reserve rights of access and
use as follows:
(1) For the Secretary to the Monument for the preservation,
maintenance, and public enjoyment of the Monument.
(2) For the Secretary of Transportation for the operation
and maintenance of aids to navigation located on the island.
(3) For the Secretary to and for use of utilities related
to the Monument in accordance with the public service law of
the State of New York.
(4) For the Secretary to and for sole use of Dock 102 as
depicted on the map described in section 4 | Governors Island National Monument Ratification Act - Ratifies the establishment of the Governors Island National Monument. Declares that the Monument shall not be subject to sale. Directs the Administrator of General Services to transfer to the Secretary of the Interior administrative jurisdiction over and management of the Monument.States that the boundary of the Monument shall include Building 140, its land, and Dock 102. Requires the Monument to be administered by the Secretary in accordance with this Act and with the laws generally applicable to units of the National Park System.Authorizes the Secretary to: (1) consult and enter into cooperative agreements with the Administrator or any management entity to provide for the preservation, development, interpretation, use of, and access to the Monument; and (2) provide, subject to an agreement with the Administrator or any management entity, interpretive services and signage in the Governors Island National Historic Landmark District.Directs the Secretary to prepare a complete management plan for the Monument by January 19, 2004, with specified reservations of rights of access and use. | {"src": "billsum_train", "title": "To ratify the Governors Island National Monument and the boundaries thereof, and for other purposes."} | 1,776 | 215 | 0.469611 | 1.442204 | 0.648798 | 4.213198 | 8.48731 | 0.964467 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Economic Recovery On-the-Job
Training Act of 2013''.
SEC. 2. ON-THE-JOB TRAINING FOR ECONOMICALLY DISADVANTAGED AREAS.
(a) Amendment to the Workforce Investment Act of 1998.--The
Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.) is amended by
inserting after section 173A (29 U.S.C. 2918a) the following:
``SEC. 173B. ON-THE-JOB TRAINING FOR ECONOMICALLY AND EXTREMELY
ECONOMICALLY DISADVANTAGED AREAS.
``(a) Definitions.--As used in this section--
``(1) the term `economically disadvantaged area' means an
area for which there is a single 5-digit postal zip code, and
which includes any portion of a census tract in which the
median annual household income is less than $40,000 per year;
``(2) the term `extremely economically disadvantaged area'
means any area which there is a single 5-digit postal zip code,
and includes any portion of a census tract in which the median
household income is less than $32,000 per year; and
``(3) the term `median household income' means the median
annual household income as determined by the 2010 census and as
updated by the American Community Survey of the Bureau of the
Census.
``(b) Grants.--
``(1) In general.--From the amounts made available under
subsection (h), and subject to paragraph (2) and subsection
(d), the Secretary shall make grants, on a discretionary basis,
to State and local boards, for adult on-the-job training, or
dislocated worker on-the-job training, carried out under
section 134 and for State and local board functions described
in subsection (f) within economically disadvantaged areas and
extremely economically disadvantaged areas.
``(2) Extremely economically disadvantaged areas.--In
making grants under this subsection for a fiscal year, the
Secretary shall ensure that of the amount made available under
subsection (h) for such fiscal year, the Secretary uses 25
percent more of such funds to make grants to State and local
boards located within extremely economically disadvantaged
areas than to such boards located within economically
disadvantaged areas.
``(c) Application.--To be eligible to receive a grant under
subsection (b), a State or a local board shall submit an application to
the Secretary at such time, in such manner, and containing such
information as the Secretary may require. In preparing such an
application for a grant under subsection (b), a local board shall
consult with the corresponding State.
``(d) Reimbursement of Wage Rates.--Notwithstanding the limitation
in section 101(31)(B), in making the grants described in subsection
(b), the Secretary may allow for higher levels of reimbursement of wage
rates the Secretary determines are appropriate based on factors such
as--
``(1) employer size, in order to facilitate the
participation of small- and medium-sized employers;
``(2) target populations, in order to enhance job creation
for persons with barriers to employment; and
``(3) the number of employees that will participate in the
on-the-job training, the wage and benefit levels of the
employees (before the training and anticipated on completion of
the training), the relationship of the training to the
competitiveness of the employer and employees, and the
existence of other employer-provided training and advancement
opportunities.
``(e) Administration by Secretary.--The Secretary may use an amount
that is not more than 1 percent of the funds made available under
subsection (h) for the administration, management, and oversight of the
programs, activities, and grants, funded under subsection (b),
including the evaluation of, and dissemination of information on
lessons learned through, the use of such funds.
``(f) State Oversight and Monitoring.--A local board that receives
a grant under subsection (b) and is located in a State, shall provide
not less than 5 percent of the grant funds to the State for State
functions described in sections 136(f), 184, and 185.
``(g) Rule of Construction.--Nothing in this section shall be
construed to affect the manner in which subtitle B is implemented, for
activities funded through amounts appropriated under section 137.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2014 and each subsequent fiscal year.
``(i) Areas Not Within Census Tracts.--In the case of an area which
is not tracted for population census tracts, the equivalent county
divisions (as defined by the Bureau of the Census for purposes of
defining poverty areas) shall be used for purposes of determining
median annual household income.''.
(b) Table of Contents Amendment.--The table of contents in section
1(b) of the Workforce Investment Act of 1998 (20 U.S.C. 9201 note) is
amended by inserting after the item relating to section 173A the
following new item:
``Sec. 173B. On-the-job training for economically and extremely
economically disadvantaged areas.''. | Economic Recovery On-the-Job Training Act of 2013 - Amends the Workforce Investment Act of 1998 to require the Secretary of Labor to make discretionary grants to state and local boards for adult on-the-job training or dislocated worker on-the-job training programs within economically disadvantaged areas and extremely economically disadvantaged areas. Requires the Secretary to ensure that state and local boards within extremely economically disadvantaged areas receive 25% more authorized grant funds than those within economically disadvantaged areas. Defines "economically disadvantaged area" to mean any area for which there is a single five-digit postal zip code, and which includes any portion of a census tract where the median annual household income is less than $40,000 per year. Defines "extremely economically disadvantaged area" similarly, except for a median annual household income of less than $32,000 per year. | {"src": "billsum_train", "title": "Economic Recovery On-the-Job Training Act of 2013"} | 1,187 | 199 | 0.693348 | 2.043796 | 1.275322 | 4.428571 | 6.627329 | 0.888199 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Western States Energy Consumer
Protection Act of 2001''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) undue reliance upon the purchase of power from the spot
market has resulted in a dysfunctional energy market reflected
in high spot market prices;
(2) the State of California should encourage further use of
long-term and bilateral contracts and reduce reliance on the
spot market; and
(3) it is not in the interest of the residents of the State
of California for the State to create and operate a statewide
power authority.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Public utility.--The term ``public utility'' has the
meaning given the term in section 201 of the Federal Power Act
(16 U.S.C. 824).
(3) Wholesale electric utility.--The term ``wholesale
electric utility'' means a person or entity (including any
Federal, State or local department, agency, or instrumentality)
selling electric power at wholesale in the western energy
market
(4) Western energy market.--The term ``western energy
market'' means the area within the United States that is
encompassed by the Western Systems Coordinating Council
(``WSCC'').
(5) Spot market.--The terms ``spot market'' and ``real time
market'' mean the market for electric energy to be delivered
within the next 24-hour period, or the spot market as otherwise
defined by the Commission.
(6) Re-marketer.--The term ``re-marketer'' means any person
who purchases electric energy at wholesale for resale at
wholesale.
SEC. 4. MARKET MONITORING AND MITIGATION PLAN.
(a) Expansion to WSCC Region.--The Federal Energy Regulatory
Commission shall issue such orders as may be necessary to apply to all
public utility sales of electric energy in interstate commerce in the
western energy market the market monitoring and mitigation plan for the
California market (as adopted by order issued on April 26, 2001 (95
FERC 61,115)), that is based not on inflexible price caps, but on the
use of competitive bids to replicate competitive pricing.
(b) Scope of Plan.--
(1) In general.--The orders issued as provided in
subsection (a) shall also modify the market monitoring and
mitigation plan to remove the limitations in such plan
regarding emergencies in California when reserves are 7.5
percent or less so that such plan will apply to all sales by
public utilities in interstate commerce in the spot market at
all times, including sales by re-marketers.
(2) Certain states excluded.--The market mitigation plan
referred to in this section shall not apply to sales of
electric energy at wholesale for delivery in a State that,
after the enactment of this Act--
(A) prohibits the State public utility commission
from approving the passing through to retail consumers
of the costs of electric power; or
(B) imposes a price limit on the sale of electric
energy at retail that precludes a public utility (or
any entity that is authorized to purchase electricity
on behalf of a public utility or a State) from making a
payment when due to any entity within the western
energy market from which the public utility purchases
electric energy for resale at retail within the western
energy market.
(c) Department of Energy Authority.--The Secretary of Energy shall
have the authority to terminate the market mitigation plan referred to
in this section at any time that the Secretary determines that such
plan is resulting in decreased supply or increased demand for electric
energy in the States covered by the Western States Coordinating
Council.
(d) Application to Nonjurisdictional Utilities.--It is the intent
of Congress that each wholesale electric utility that is not a public
utility subject to the jurisdiction of the Commission shall voluntarily
comply with the market monitoring and mitigation plan referred to in
subsection (a), as modified by the Commission under this section.
(e) Sunset.--The requirements of this section shall cease to apply
as of September 30, 2002.
SEC. 5. NATURAL GAS RATES.
(a) Inapplicability of Waiver of Maximum Rate Ceiling Provision to
Transportation of Natural Gas Into the State of California.--Effective
with respect to contracts entered into after the date of enactment of
this Act, paragraph (i) of section 284.8 of title 18, Code of Federal
Regulations, shall not apply to the transportation of natural gas into
the State of California from outside the State.
(b) Disclosure of Commodity Portion and Transportation Portion of
Sale Price in Bundled Natural Gas Transactions.--
(1) Definition of bundled transaction.--In this subsection,
the term ``bundled transaction'' means a transaction for the
sale of natural gas in which the sale price includes both the
cost of the natural gas and the cost of transporting the
natural gas.
(2) Disclosure.--Exercising authority under section 4 of
the Natural Gas Act (15 U.S.C. 717c), not later than 60 days
after the date of enactment of this Act, the Commission shall
publish notice of a proposed rulemaking, and not later than 180
days after such date of enactment issue a rule, that requires
any person that sells natural gas in a bundled transaction
under which the natural gas is to be transported into the State
of California from outside the State to file with the
Commission, not later than a date specified by the Commission,
a statement that discloses--
(A) the portion of the sale price that is
attributable to the price paid by the seller for the
natural gas; and
(B) the portion of the sale price that is
attributable to the price paid for transportation of
the natural gas.
SEC. 6. NO ORDERS TO SELL GAS OR ELECTRICITY WITHOUT A REASONABLE
ASSURANCE OF PAYMENT.
Notwithstanding section 302 of the Natural Gas Policy Act of 1978
(15 U.S.C. 3362), section 202(c) of the Federal Power Act (16 U.S.C.
824a(c)), or section 101 of the Defense Production Act of 1950 (50
U.S.C. App. 2071), neither the Secretary of Energy nor the Commission
may issue an order that requires a seller of electric energy or natural
gas to sell, on or after the date of enactment of this Act, electric
energy or natural gas to a buyer in any State in the western region
unless there is a reasonable assurance that the Commission determines
is sufficient to ensure that the seller will be paid--
(1) the full purchase price when due, as agreed to by the
buyer and seller; or
(2) if the buyer and seller are unable to agree on--
(A) a fair and equitable price for natural gas, as
determined by the President under section 302 of the
Natural Gas Policy Act of 1978 (15 U.S.C. 3362); or
(B) a just and reasonable price for electric
energy, as determined by the Secretary of Energy or the
Commission, as appropriate, under section 202(c) of the
Federal Power Act (16 U.S.C. 824a(c)).
SEC. 7. REQUIREMENT TO MEET IN-STATE DEMAND.
Notwithstanding any other provision of law, a State public utility
commission in the western energy market may prohibit any utility
subject to the jurisdiction of the State public utility commission from
making any sale of electric energy to a purchaser outside the service
area of the utility at any time at which the State public utility
commission has reason to believe that delivery of the electric energy
would impair the ability of the utility to meet, at or after the time
of the delivery, the demand for electric energy in the service area of
the utility.
SEC. 8. WHOLESALE RATE REFUND AUTHORITY.
Section 206(b) of the Federal Power Act (16 U.S.C. 824e(b)) is
amended as follows:
(1) In the second sentence, strike ``shall not be earlier
than the date 60 days after the filing of such complaint nor
later than 5 months after the expiration of such 60-day
period'' and insert ``shall be the date of the filing of such
complaint''.
(2) In the third sentence, strike ``shall not be earlier
than the date 60 days after the publication by the Commission
of notice of its intention to initiate such proceeding nor
later than 5 months after the expiration of such 60-day
period'' and insert ``shall be the date of publication by the
Commission of notice of its intention to initiate such
proceeding''.
(3) Beginning in the seventh sentence, strike ``through a
date fifteen months after such refund effective date'' and all
that follows down through ``prior to the conclusion of the
proceeding'' and insert ``through the conclusion of the
proceeding''.
(4) In the last sentence, after ``interest'' insert ``and
any penalties the Commission deems appropriate''.
SEC. 9. FERC REPORT ON SCHEDULED OUTAGES.
Within 180 days after the enactment of this Act, the Commission
shall undertake a study of the means available to improve Commission
oversight to investigate and coordinate scheduled outages by electric
powerplants. The Commission shall submit a report to Congress
containing the findings of such study.
SEC. 10. EFFECT OF ACT.
Nothing in this Act--
(1) affects any energy production that, as of the date of
enactment of this Act, is not online and for which an
application for a permit to produce electricity has not been
filed;
(2) affects any contract for the purchase of electric
energy except a contract for a spot market purchase;
(3) prohibits a State or other entity from appearing in a
Federal court in any instance in which it is alleged that the
Commission is not enforcing the Federal Power Act (16 U.S.C.
791a et seq.); or
(4) diminishes or has any other effect on the authority of
a State regulatory authority (as defined in section 3 of the
Federal Power Act (16 U.S.C. 796)) to regulate rates and
charges for the sale of electric energy to consumers, including
the authority to determine the manner in which wholesale rates
shall be passed through to consumers (including the setting of
tiered pricing, real-time pricing, and baseline rates). | Western States Energy Consumer Protection Act of 2001 - Instructs the Federal Energy Regulatory Commission (FERC) to issue orders which make applicable to all interstate public utility electric energy sales in the western energy market a specified State of California market monitoring and mitigation plan that is based upon competitive bids to replicate competitive pricing.Authorizes termination of such plan if the Secretary of Energy determines that it results in decreased supply or increased demand for electric energy within the territory encompassed by the Western States Coordinating Council.Directs FERC to require a vendor of bundled natural gas transported into the State of California to disclose that portion of the sale price attributable to: (1) the price paid by the seller for such gas; and (2) the price paid for transportation of the gas.Precludes FERC and the Secretary from requiring sales of electric energy or natural gas in any State in the western region without a reasonable assurance of payment.Authorizes a State public utility commission in the western energy market to prohibit electric energy sales outside the service area of the pertinent public utility if that would impair the ability of such utility to meet in-State demand.Amends the Federal Power Act to prescribe guidelines to accelerate the effective date of FERC-ordered wholesale rate refunds. | {"src": "billsum_train", "title": "To amend the Federal Power Act to provide the Federal Energy Regulatory Commission with authority to order certain refunds of electric rates, to require the Commission to expand its market mitigation plan, and to provide the Secretary of Energy with authority to revoke the market mitigation plan under certain circumstances, and for other purposes."} | 2,303 | 276 | 0.582389 | 1.732732 | 0.799629 | 3.221277 | 8.982979 | 0.914894 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Devil's Staircase Wilderness Act of
2011''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Map.--The term ``map'' means the map entitled ``Devil's
Staircase Wilderness Proposal'' and dated June 15, 2010.
(2) Secretary.--The term ``Secretary'' means--
(A) with respect to land under the jurisdiction of
the Secretary of Agriculture, the Secretary of
Agriculture; and
(B) with respect to land under the jurisdiction of
the Secretary of the Interior, the Secretary of the
Interior.
(3) State.--The term ``State'' means the State of Oregon.
(4) Wilderness.--The term ``Wilderness'' means the Devil's
Staircase Wilderness designated by section 3(a).
SEC. 3. DEVIL'S STAIRCASE WILDERNESS, OREGON.
(a) Designation.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the approximately 30,540 acres of Forest Service land
and Bureau of Land Management land in the State, as generally depicted
on the map, is designated as wilderness and as a component of the
National Wilderness Preservation System, to be known as the ``Devil's
Staircase Wilderness''.
(b) Map; Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare a map and
legal description of the Wilderness.
(2) Force of law.--The map and legal description prepared
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
clerical and typographical errors in the map and legal
description.
(3) Availability.--The map and legal description prepared
under paragraph (1) shall be on file and available for public
inspection in the appropriate offices of the Forest Service and
Bureau of Land Management.
(c) Administration.--Subject to valid existing rights, the area
designated as wilderness by this section shall be administered by the
Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), except that--
(1) any reference in that Act to the effective date shall
be considered to be a reference to the date of enactment of
this Act; and
(2) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary that has jurisdiction over the land within the
Wilderness.
(d) Fish and Wildlife.--Nothing in this section affects the
jurisdiction or responsibilities of the State with respect to fish and
wildlife in the State.
(e) Adjacent Management.--
(1) In general.--Nothing in this section creates any
protective perimeter or buffer zone around the Wilderness.
(2) Activities outside wilderness.--The fact that a
nonwilderness activity or use on land outside the Wilderness
can be seen or heard within the Wilderness shall not preclude
the activity or use outside the boundary of the Wilderness.
(f) Protection of Tribal Rights.--Nothing in this section
diminishes any treaty rights of an Indian tribe.
(g) Transfer of Administrative Jurisdiction.--
(1) In general.--Administrative jurisdiction over the
approximately 49 acres of Bureau of Land Management land north
of the Umpqua River in sec. 32, T. 21 S., R. 11 W, is
transferred from the Bureau of Land Management to the Forest
Service.
(2) Administration.--The Secretary shall administer the
land transferred by paragraph (1) in accordance with--
(A) the Act of March 1, 1911 (commonly known as the
``Weeks Law'') (16 U.S.C. 480 et seq.); and
(B) any laws (including regulations) applicable to
the National Forest System.
SEC. 4. WILD AND SCENIC RIVER DESIGNATIONS, WASSON CREEK AND FRANKLIN
CREEK, OREGON.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended by adding at the end the following:
``(208) Franklin creek, oregon.--The 4.5-mile segment from
its headwaters to the line of angle points within sec. 8, T. 22
S., R. 10 W., shown on the survey recorded in the Official
Records of Douglas County, Oregon, as M64-62, to be
administered by the Secretary of Agriculture as a wild river.
``(209) Wasson creek, oregon.--The 10.1-mile segment in the
following classes:
``(A) The 4.2-mile segment from the eastern
boundary of sec. 17, T. 21 S., R. 9 W., downstream to
the western boundary of sec. 12, T. 21 S., R. 10 W., to
be administered by the Secretary of the Interior as a
wild river.
``(B) The 5.9-mile segment from the western
boundary of sec. 12, T. 21 S., R. 10 W., downstream to
the eastern boundary of the northwest quarter of sec.
22, T. 21 S., R. 10 W., to be administered by the
Secretary of Agriculture as a wild river.''. | Devil's Staircase Wilderness Act of 2011 - Designates certain federal land in Oregon administered by the Forest Service and the Bureau of Land Management (BLM) as the Devil's Staircase Wilderness and as wilderness and as a component of the National Wilderness Preservation System.
Specifies this Act's effect on: (1) Oregon's jurisdiction and responsibilities with respect to fish and wildlife, (2) protective perimeters and buffer zones around the Wilderness, (3) activities and uses outside of the boundary of the Wilderness, and (4) treaty rights of Indian tribes.
Transfers the administrative jurisdiction over BLM land north of the Umpqua River to the Forest Service.
Amends the Wild and Scenic Rivers Act to designate Franklin and Wasson Creeks in Oregon as wild rivers and as components of the Wild and Scenic Rivers System. | {"src": "billsum_train", "title": "A bill to provide for the designation of the Devil's Staircase Wilderness Area in the State of Oregon, to designate segments of Wasson and Franklin Creeks in the State of Oregon as wild rivers, and for other purposes."} | 1,213 | 189 | 0.575301 | 1.559925 | 0.960808 | 2.825806 | 6.664516 | 0.903226 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Prizes Rewarding Innovation,
Savings, and Effectiveness Act of 2014''.
SEC. 2. PRIZE COMPETITIONS.
(a) In General.--Part B of title IV of the Public Health Service
Act (42 U.S.C. 284 et seq.) is amended by adding at the end the
following:
``SEC. 409K. PRIZE COMPETITIONS FOR IMPROVING HEALTH OUTCOMES AND
REDUCING FEDERAL EXPENDITURES.
``(a) Goals.--The goal of the prize competitions under this section
is to improve health outcomes, thereby reducing Federal expenditures on
health programs.
``(b) Initial Actions.--
``(1) Identification of diseases and conditions.--Not later
than 6 months after the date of enactment of the Health Prizes
Rewarding Innovation, Savings, and Effectiveness Act of 2014,
the Director of NIH, in consultation with the Director of the
Congressional Budget Office, the Administrator for the Centers
for Medicare & Medicaid Services, and relevant health
economists, shall identify 3 to 5 human diseases or health
conditions with respect to which--
``(A) the Federal Government, for such diseases and
conditions, collectively spends a total of not less
than $5,000,000,000 per year on prevention and
treatment activities;
``(B) public and private investment in research is
disproportionately small in comparison with such
investment for other human diseases and conditions for
which the Federal Government has similar or greater
expenditures on prevention and treatment activities;
and
``(C) the prize competitions under this section
would be appropriate for achieving the goal described
in subsection (a).
``(2) Design of prize competitions.--Not later than 12
months after the date of enactment of the Health Prizes
Rewarding Innovation, Savings, and Effectiveness Act of 2014,
the Director of NIH shall--
``(A) design prize competitions--
``(i) to cooperate with competitors to
realize innovations to achieve the goal
described in subsection (a) with respect to one
or more diseases or conditions identified
pursuant to subsection (b); and
``(ii) to award one or more prizes--
``(I) if appropriate, at the
beginning of or during the
competitions, to the competitors whose
innovations are most promising or
demonstrate progress; and
``(II) at the end of the
competitions, to the competitors whose
innovations prove to be the best
solutions;
``(B) ensure that the design of such competitions--
``(i) is realistic, given the amount of
funds to be awarded as prizes;
``(ii) does not reflect any bias concerning
the type of innovations which will prove to be
the best solutions;
``(iii) allows any person to participate as
a competitor without regard to the person's
place of incorporation, primary place of
business, citizenship, and residency, as
applicable; and
``(iv) addresses areas of unmet need with
regard to a lack of recent and pending
innovations; and
``(C) submit to the Congress a report on the design
of such competitions.
``(3) Consultation.--In carrying out paragraphs (1) and
(2), the Director of NIH shall consult with--
``(A) medical, economic, budgetary, innovation, and
venture capital experts; and
``(B) the heads of relevant Federal agencies,
including the Commissioner of Food and Drugs, the
Director of the National Science Foundation, and the
Administrator of the Small Business Administration.
``(c) Simulation.--The Director of NIH shall--
``(1) not later than 14 months after the date of enactment
of the Health Prizes Rewarding Innovation, Savings, and
Effectiveness Act of 2014, award one or more contracts--
``(A) to perform a simulation of the prize
competitions to be conducted under this section, based
on the designs developed under subsection (b)(2) and in
consultation with the categories of experts and agency
heads described in subsection (b)(3); and
``(B) to use the simulation to assess the
effectiveness of the design; and
``(2) not later than 4 months after awarding such one or
more contracts, submit to the Congress a report on the results
of the simulation and assessment.
``(d) Adjustments to Design.--Not later than 21 months after the
date of enactment of the Health Prizes Rewarding Innovation, Savings,
and Effectiveness Act of 2014, the Director of NIH shall--
``(1) taking into consideration the results of the
simulation under subsection (c), and subject to the
requirements of subparagraphs (A) and (B) of subsection (b)(2),
make such adjustments to the design of the prize competitions
under this section as the Director determines appropriate; and
``(2) submit to the Congress a report on any such
adjustments.
``(e) Implementation of Prize Competitions.--
``(1) In general.--The Director of NIH shall enter into an
agreement with one or more private entities to implement prize
competitions based on the designs developed under subsection
(b)(2), as adjusted under subsection (d).
``(2) Duration.--The prize competitions under paragraph (1)
shall require competitors to demonstrate the effectiveness of
their innovations over a period of not more than 5 years.
``(3) Guidance and access to testing facilities.--The
Secretary and the Commissioner of Food and Drugs may cooperate
with qualified competitors in the prize competitions under
paragraph (1) by providing guidance and access to testing
facilities.
``(4) Number of prize competitions.--The Director shall
conduct--
``(A) a total of not more than 5 prize competitions
under this section; and
``(B) not more than 2 such prize competitions with
respect to any disease or condition.
``(f) Tracking; Reporting.--The Director of NIH shall--
``(1) collect information on--
``(A) the medical efficacy of innovations funded
through the prize competitions under subsection (e);
and
``(B) the actual and potential effect of the
innovations on Federal expenditures; and
``(2) not later than one year after the conclusion of the
prize competitions under subsection (e), and not later than the
end of each of the 4 succeeding years, submit to the Congress a
report on the information collected under paragraph (1).
``(g) Intellectual Property.--
``(1) Prohibition on the government acquiring intellectual
property rights.--The Federal Government may not gain an
interest in intellectual property developed by a participant in
a prize competition under subsection (e) without the written
consent of the participant.
``(2) Licenses.--The Federal Government may negotiate a
license for the use of intellectual property developed by a
participant in a prize competition under subsection (e).
``(h) Authorization of Appropriations.--
``(1) In general.--To carry out this section, in lieu of
amounts authorized to be appropriated by section 402A, there
are authorized to be appropriated $50,000,000.
``(2) Minimum percentage for prizes.--Of the total
assistance awarded to private entities under subsection (e)
(including in-kind contributions and testing or other technical
support) to implement any prize competition under this
section--
``(A) not more than 30 percent of such assistance
shall be for administration of the prize competition;
and
``(B) not less than 70 percent of such assistance
shall be awarded as prizes to competitors in the prize
competition.''.
(b) Prizes Excluded From Gross Income of Recipients.--
(1) In general.--Section 74 of the Internal Revenue Code of
1986 is amended by adding at the end the following new
subsection:
``(d) Certain Prizes for Improving Health Outcomes.--Gross income
shall not include the value of any prize received by the taxpayer
pursuant to a prize competition under section 409K of the Public Health
Service Act (as in effect immediately after the enactment of this
subsection).''.
(2) Effective date.--The amendment made by this subsection
shall apply to taxable years ending after the date of the
enactment of this Act. | Health Prizes Rewarding Innovation, Savings, and Effectiveness Act of 2014 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to design prize competitions open to competitors worldwide to realize innovations that improve health outcomes thereby reducing federal expenditures on health programs. Requires the NIH to identify as the subject of the competitions diseases or health conditions for which the federal government spends at least $5 billion per year on prevention and treatment, and the research investment is disproportionately small in comparison to other diseases with similar or greater federal expenditures on treatment and prevention. Directs the NIH to award contracts to perform a simulation of the designed prize competitions to assess the effectiveness of the design. Requires the NIH to contract with private entities to implement the competitions. Allows the Secretary of Health and Human Services (HHS) and the Food and Drug Administration (FDA) to provide competitors with guidance and access to testing facilities. Prohibits the federal government from gaining an interest in intellectual property development by a participant without the participant's written consent. Amends the Internal Revenue Code to exclude prizes from gross income. | {"src": "billsum_train", "title": "Health Prizes Rewarding Innovation, Savings, and Effectiveness Act of 2014"} | 1,838 | 258 | 0.676605 | 1.985407 | 0.888876 | 2.528302 | 8.066038 | 0.90566 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicaid Flexibility Act of 1995''.
SEC. 2. BLOCK GRANTS TO THE STATES FOR HEALTH CARE SERVICES TO NEEDY
INDIVIDUALS.
Title XIX of the Social Security Act (42 U.S.C. 1396-1396V) is
amended to read as follows:
``TITLE XIX--BLOCK GRANTS TO STATES FOR HEALTH CARE SERVICES TO NEEDY
INDIVIDUALS
``purpose; implementation
``Sec. 1901. (a) Purpose.--The purpose of this title is to
strengthen families by helping them move from dependence on government
benefits to economic independence by consolidating Federal assistance
to the States for health care services and assistance to needy
individuals into a single grant for such purpose, thereby giving States
maximum flexibility to--
``(1) require beneficiaries who are parents to ensure that
their school-age children attend school;
``(2) require minors who are beneficiaries to attend
school;
``(3) require parent beneficiaries to ensure that their
children receive the full complement of childhood
immunizations;
``(4) limit the amount of time able-bodied beneficiaries
may receive assistance;
``(5) require beneficiaries not to use illegal drugs or
abuse other drugs;
``(6) require each mother to identify the father of any
child for whom she seeks assistance;
``(7) deny assistance to illegal aliens;
``(8) require individuals who sponsor the residency of
legal aliens to support those they sponsor; and
``(9) involve religious and charitable organizations,
voluntary associations, civic groups, community organizations,
nonprofit entities, benevolent and fraternal orders,
philanthropic entities, and other groups in the private sector,
as appropriate, in the provision of health care services and
assistance to needy individuals with the funding States receive
under this title.
``(b) Implementation.--This purpose shall be implemented in
accordance with conditions in each State and as determined by State
law.
``payments to states
``Sec. 1902. (a) Amount.--
``(1) In general.--Each State shall, subject to the
requirements of this title, be entitled to receive quarterly
payments for fiscal years 1996, 1997, 1998, 1999, and 2000 in
an amount equal to 25 percent of the annual amount determined
under paragraph (2) for such fiscal year for carrying out the
purpose described in section 1901.
``(2) Annual amount.--The annual amount determined under
this paragraph is equal to--
``(A) in fiscal year 1996, 105 percent of the
amount received by a State in fiscal year 1995 under
this title (as in effect in fiscal year 1995); and
``(B) in each fiscal year thereafter, 105 percent
of the amount received by a State in the preceding
fiscal year under this title (as in effect in such
preceding fiscal year).
``(b) Funding Requirements.--The Secretary of the Treasury shall
make quarterly payments described in subsection (a)(1) directly to each
State in accordance with section 6503 of title 31, United States Code.
``(c) Expenditure of Funds; Rainy Day Fund.--Amounts received by a
State under this title for any fiscal year shall be expended by the
State in such fiscal year or in the succeeding fiscal year; except for
such amounts as the State deems necessary to set aside in a separate
account to provide, without fiscal limitation, for unexpected levels of
assistance during periods of high unemployment or other events which
cause unexpected increases in the need for health care services or
assistance for needy individuals. Any amounts remaining in such
segregated accounts after fiscal year
2000 shall be expended by a State for the purpose described in section
1901 of this title as in effect in fiscal year 2000.
``(d) Authority To Use Portion of Grant for Other Purposes.--
``(1) In general.--A State may use not more than 30 percent
of the annual amount paid to the State under this title for a
fiscal year to carry out a State program pursuant to any or all
of the following provisions of law:
``(A) Part A of title IV of this Act.
``(B) Title XVI of this Act.
``(C) The Food Stamp Act.
``(2) Applicable rules.--Any amount paid to the State under
this title that is used to carry out a State program pursuant
to a provision of law specified in paragraph (1) shall not be
subject to the requirements of this title, but shall be subject
to the requirements that apply to Federal funds provided
directly under the provision of law to carry out the program.
``administrative and fiscal accountability
``Sec. 1903. (a) Audits; Reimbursement.--
``(1) Audits.--
``(A) In general.--A State shall, not less than
annually, audit the State expenditures from amounts
received under this title. Such audit shall--
``(i) determine the extent to which such
expenditures were or were not expended in
accordance with this title; and
``(ii) be conducted by an approved entity
(as defined in subparagraph (B)) in accordance
with generally accepted auditing principles.
``(B) Approved entity.--For purposes of
subparagraph (A), the term `approved entity' means an
entity that is--
``(i) approved by the Secretary of the
Treasury;
``(ii) approved by the chief executive
officer of the State; and
``(iii) independent of any agency
administering activities or services funded
under this title.
``(2) Reimbursement.--
``(A) In general.--Not later than 30 days following
the completion of an audit under this subsection, a
State shall submit a copy of the audit to the State
legislature and to the Secretary of the Treasury.
``(B) Repayment.--Each State shall pay to the
United States amounts ultimately found by the approved
entity under paragraph (1)(A) not to have been expended
in accordance with this title plus 10 percent of such
amount as a penalty, or the Secretary of the Treasury
may offset such amounts plus the 10 percent penalty
against any other amount in any other year that the
State may be entitled to receive under this title.
``(b) Additional Accounting Requirements.--The provisions of
chapter 75 of title 31, United States Code, shall apply to the audit
requirements of this section.
``(c) Reporting Requirements; Form, Contents.--
``(1) Annual reports.--A State shall prepare comprehensive
annual reports on the activities carried out with amounts
received by the State under this title.
``(2) Content.--Reports prepared under this section--
``(A) shall be for the most recently completed
fiscal year;
``(B) shall be in accordance with generally
accepted accounting principles, including the
provisions of chapter 75 of title 31, United States
Code;
``(C) shall include the results of the most recent
audit conducted in accordance with the requirements of
paragraph (a) of this section; and
``(D) shall be in such form and contain such other
information as the State deems necessary--
``(i) to provided an accurate description
of such activities; and
``(ii) to secure a complete record of the
purposes for which amounts were expended in
accordance with this title.
``(3) Copies.--A State shall make copies of the reports
required under this section available for public inspection
within the State. Copies also shall be provided upon request to
any interested public agency, and each such agency may provide
its views on such reports to the Congress.
``(d) Administrative Supervision.--
``(1) Role of the secretary of the treasury.--
``(A) In general.--The Secretary of the Treasury
shall supervise the amounts received under this title
in accordance with subparagraph (B).
``(B) Limited supervision--The supervision by the
Secretary of the Treasury shall be limited to--
``(i) making quarterly payments to the
States in accordance with section 1902(b);
``(ii) approving the entities referred to
in subsection (a)(1)(B); and
``(iii) withholding payment to a State
based on the findings of such an entity in
accordance with subsection (a)(2)(B).
``(2) Other federal supervision.--No administrative officer
or agency of the United States, other than the Secretary of the
Treasury and, as provided for in section 1904, the Attorney
General, shall supervise the amounts received by the States
under this title or the use of such amounts by the States.
``(e) Limited Federal Oversight.--With the exception of the
Department of the Treasury as provided for in this section and section
1904 of this title, no Federal department or agency may promulgate
regulations or issue rules regarding the purpose of this title.
``nondiscrimination provisions
``Sec. 1904. (a) No Discrimination Against Individuals.--No
individual shall be excluded from participation in, denied the benefits
of, or subjected to discrimination under any program or activity funded
in whole or in part with amounts received under this title on the basis
of such individual's--
``(1) disability under section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794);
``(2) sex under title IX of the Education Amendments of
1972 (20 U.S.C. 1681 et seq.); or
``(3) race, color, or national origin under title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
``(b) Compliance.--If the Secretary of the Treasury determines that
a State, or an entity that has received funds from amounts received by
the State under this title, has failed to comply with a provision of
law referred to in subsection (a), except as provided for in section
1905 of this title, the Secretary of the Treasury shall notify the
chief executive officer of the State and shall request the officer to
secure compliance with such provision of law. If, not later than 60
days after receiving such notification, the chief executive officer
fails or refuses to secure compliance, the Secretary of the Treasury
may--
``(1) refer the matter to the Attorney General with a
recommendation that an appropriate civil action be instituted;
``(2) exercise the powers and functions provided under
title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et
seq.), title IX of the Education Amendments of 1972 (20 U.S.C.
1681 et seq.); or section 505 of the Rehabilitation Act of 1973
(29 U.S.C. 794a), (as applicable); or
``(3) take such other action as may be provided by law.
``(c) Authority of Attorney General; Civil Actions.--When a matter
is referred to the Attorney General pursuant to subsection (b)(1), or
if the Attorney General has reason to believe that an entity is engaged
in a pattern or practice in violation of a provision of law referred to
in subsection (a), the Attorney General may bring a civil action in an
appropriate district court of the United States for such relief as may
be appropriate, including injunctive relief.
``nondiscrimination and institutional safeguards for religious
providers
``Sec. 1905. (a) Purpose.--The purpose of this section is to allow
the participation of religious and charitable organizations as
providers of health care services and assistance under this title
without impairing or diminishing the religious character or freedom of
such organizations.
``(b) Nondiscrimination.--Religious organizations are eligible as
providers of health care services and assistance as provided for under
this title. Neither the Federal Government nor a State receiving funds
under this title shall discriminate against an organization which is or
applies to be a provider of health care services and assistance on the
basis that the organization has a religious mission or purpose.
``(c) Religious Character and Freedom.--
``(1) In general.--Nothwithstanding any other provision of
law, any religious organization participating as a provider of
health care services and assistance funded under this title
shall retain its independence from Federal, State, and local
governments, including such organization's control over the
definition, development, practice, and expression of its
religious beliefs. Such
an organization may select, employ, promote, discipline, and
dismiss its clerics and other ecclesiastics, directors, officers,
employees, and volunteers on the basis of religion, a religious belief,
or a religious practice. However, a religious organization shall not
deny a needy individual health care services and assistance funded
under this title on the basis of religion, a religious belief, or
refusal to participate in a religious practice.
``(2) Additional safeguards.--Neither the Federal
Government nor a State shall require a religious provider of
health care services and assistance to--
``(A) alter its form of internal governance, or
form a separate, nonprofit corporation to receive and
administer the assistance funded under this title; or
``(B) alter real estate of facilities used to
provide such assistance, including but not limited to
the removal of religious art, icons, scripture, or
other symbols;
in order to be eligible to be a provider of health care
services and assistance funded under this title.
``(3) Fiscal accountability.--
``(A) In general.--Except as provided in
subparagraph (B), any religious organization providing
assistance funded under this title shall be subject to
the same regulations as other providers to account in
accord with generally accepted auditing principles for
the use of such funds provided under this title.
``(B) Limited audit.--Religious organizations may
segregate Federal funds provided under this title into
separate accounts, and then only the financial
assistance provided with those funds shall be subject
to audit.
``(d) Compliance.--A religious organization which has its rights
under this section violated may enforce its claim by asserting a civil
action for such relief as may be appropriate, including injunctive
relief or damages, in an appropriate district court of the United
States against the entity or agency that commits such violation.
``(e) Rights of Beneficiaries of Assistance.--
``(1) In general.--If a beneficiary has a bona fide
objection to the religious character of the organization or
institution from which the beneficiary is receiving health care
services and assistance funded under this title, each State
shall provide such beneficiary a certificate, redeemable with
any other provider of assistance funded under this title, for
services the value of which is no less than the value of the
funding received by the religious provider from a State to
provide assistance funded under this title for such individual.
``(2) Prohibition on providing cash in exchange for
certificates.--No provider of assistance funded under this
title shall provide a beneficiary a cash amount in exchange for
a certificate provided for under paragraph (1).
``emergency assistance
``Sec. 1906. (a) In General.--Health care services and assistance
funded under this title must be provided to a citizen, legal resident,
or an alien who is not lawfully admitted for permanent residence or
otherwise permanently residing in the United States under color of law,
if--
``(1) such services and assistance are necessary for the
treatment of an emergency medical condition;
``(2) such person otherwise meets the eligibility
requirements for health care services and assistance under the
State program funded under this title; and
``(3) such services and assistance are not related to an
organ transplant procedure.
``(b) Emergency Medical Condition.--For purposes of this section,
the term `emergency medical condition' means a medical condition
(including emergency labor and delivery) manifesting itself by acute
symptoms of sufficient severity (including severe pain) such that the
absence of immediate medical attention could reasonably be expected to
result in--
``(1) placing the patient's health in serious jeopardy;
``(2) serious impairment to bodily functions; or
``(3) serious dysfunction of any bodily organ or part.''.
SEC 3. CONFORMING AMENDMENTS TO THE BUDGET ACT.
Section 255(h) of the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 905(h)) is amended by striking ``Grants to States
for Medicaid (75-0512-0-1-551);'' and inserting ``Block grants to
States for health care services to needy individuals;''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall take effect on October 1,
1995. | Medicaid Flexibility Act of 1995 - Amends title XIX (Medicaid) of the Social Security Act to replace the Medicaid program with a program of block grants to States for health care services to needy individuals. | {"src": "billsum_train", "title": "Medicaid Flexibility Act of 1995"} | 3,696 | 49 | 0.535229 | 1.255544 | 0.222885 | 4.315789 | 90.789474 | 0.947368 |
SECTION 1. RECOGNITION AS CORPORATION AND GRANT OF FEDERAL CHARTER FOR
NATIONAL AMERICAN INDIAN VETERANS, INCORPORATED.
(a) In General.--Part B of subtitle II of title 36, United States
Code, is amended by inserting after chapter 1503 the following new
chapter:
``CHAPTER 1504--NATIONAL AMERICAN INDIAN VETERANS, INCORPORATED
``Sec
``150401. Organization.
``150402. Purposes.
``150403. Membership.
``150404. Board of directors.
``150405. Officers.
``150406. Nondiscrimination.
``150407. Powers.
``150408. Exclusive right to name, seals, emblems, and badges.
``150409. Restrictions.
``150410. Duty to maintain tax-exempt status.
``150411. Records and inspection.
``150412. Service of process.
``150413. Liability for acts of officers and agents.
``150414. Failure to comply with requirements.
``150415. Annual report.
``Sec. 150401. Organization
``The National American Indian Veterans, Incorporated, a nonprofit
corporation organized in the United States (in this chapter referred to
as the `corporation'), is a federally chartered corporation.
``Sec. 150402. Purposes
``The purposes of the corporation are those stated in its articles
of incorporation, constitution, and bylaws, and include a commitment--
``(1) to uphold and defend the Constitution of the United
States while respecting the sovereignty of the American Indian,
Alaska Native, and Native Hawaiian Nations;
``(2) to unite under one body all American Indian, Alaska
Native, and Native Hawaiian veterans who served in the Armed
Forces of United States;
``(3) to be an advocate on behalf of all American Indian,
Alaska Native, and Native Hawaiian veterans without regard to
whether they served during times of peace, conflict, or war;
``(4) to promote social welfare (including educational,
economic, social, physical, cultural values, and traditional
healing) in the United States by encouraging the growth and
development, readjustment, self-respect, self-confidence,
contributions, and self-identity of American Indian veterans;
``(5) to serve as an advocate for the needs of American
Indian, Alaska Native, and Native Hawaiian veterans, their
families, or survivors in their dealings with all Federal and
State government agencies;
``(6) to promote, support, and utilize research, on a
nonpartisan basis, pertaining to the relationship between the
American Indian, Alaska Native, and Native Hawaiian veterans
and American society; and
``(7) to provide technical assistance to the 12 regional
areas without veterans committees or organizations and programs
by--
``(A) providing outreach service to those Tribes in
need; and
``(B) training and educating Tribal Veterans
Service Officers for those Tribes in need.
``Sec. 150403. Membership
``Subject to section 150406 of this title, eligibility for
membership in the corporation, and the rights and privileges of
members, shall be as provided in the constitution and by-laws of the
corporation.
``Sec. 150404. Board of directors
``Subject to section 150406 of this title, the board of directors
of the corporation, and the responsibilities of the board, shall be as
provided in the constitution and bylaws of the corporation and in
conformity with the laws under which the corporation is incorporated.
``Sec. 150405. Officers
``Subject to section 150406 of this title, the officers of the
corporation, and the election of such officers, shall be as provided in
the constitution and bylaws of the corporation and in conformity with
the laws of the jurisdiction under which the corporation is
incorporated.
``Sec. 150406. Nondiscrimination
``In establishing the conditions of membership in the corporation,
and in determining the requirements for serving on the board of
directors or as an officer of the corporation, the corporation may not
discriminate on the basis of race, color, religion, sex, national
origin, handicap, or age.
``Sec. 150407. Powers
``The corporation shall have only those powers granted the
corporation through its articles of incorporation and its constitution
and bylaws which shall conform to the laws of the jurisdiction under
which the corporation is incorporated.
``Sec. 150408. Exclusive right to name, seals, emblems, and badges
``(a) In General.--The corporation shall have the sole and
exclusive right to use the names `National American Indian Veterans,
Incorporated' and `National American Indian Veterans', and such seals,
emblems, and badges as the corporation may lawfully adopt.
``(b) Construction.--Nothing in this section shall be construed to
interfere or conflict with established or vested rights.
``Sec. 150409. Restrictions
``(a) Stock and Dividends.--The corporation shall have no power to
issue any shares of stock nor to declare or pay any dividends.
``(b) Distribution of Income or Assets.--(1) No part of the income
or assets of the corporation shall inure to any person who is a member,
officer, or director of the corporation or be distributed to any such
person during the life of the charter granted by this chapter.
``(2) Nothing in this subsection shall be construed to prevent the
payment of reasonable compensation to the officers of the corporation,
or reimbursement for actual and necessary expenses, in amounts approved
by the board of directors.
``(c) Loans.--The corporation shall not make any loan to any
officer, director, member, or employee of the corporation.
``(d) No Federal Endorsement.--The corporation shall not claim
congressional approval or Federal Government authority by virtue of the
charter granted by this chapter for any of its activities.
``Sec. 150410. Duty to maintain tax-exempt status
``The corporation shall maintain its status as an organization
exempt from taxation as provided in the Internal Revenue Code of 1986.
``Sec. 150411. Records and inspection
``(a) Records.--The corporation shall keep--
``(1) correct and complete books and records of accounts;
``(2) minutes of any proceeding of the corporation
involving any of its members, the board of directors, or any
committee having authority under the board of directors; and
``(3) at its principal office, a record of the names and
addresses of all members having the right to vote.
``(b) Inspection.--(1) All books and records of the corporation may
be inspected by any member having the right to vote, or by any agent or
attorney of such member, for any proper purpose, at any reasonable
time.
``(2) Nothing in this section shall be construed to contravene the
laws of the jurisdiction under which the corporation is incorporated or
the laws of those jurisdictions within which the corporation carries on
its activities in furtherance of its purposes within the United States
and its territories.
``Sec. 150412. Service of process
``With respect to service of process, the corporation shall comply
with the laws of the jurisdiction under which the corporation is
incorporated and those jurisdictions within which the corporation
carries on its activities in furtherance of its purposes within the
United States and its territories.
``Sec. 150413. Liability for acts of officers and agents
``The corporation shall be liable for the acts of the officers and
agents of the corporation when such individuals act within the scope of
their authority.
``Sec. 150414. Failure to comply with requirements
``If the corporation fails to comply with any of the restrictions
or provisions of this chapter, including the requirement under section
150410 of this title to maintain its status as an organization exempt
from taxation, the charter granted by this chapter shall expire.
``Sec. 150415. Annual report
``(a) In General.--The corporation shall report annually to
Congress concerning the activities of the corporation during the
preceding fiscal year.
``(b) Submittal Date.--Each annual report under this section shall
be submitted at the same time as the report of the audit of the
corporation required by section 10101(b) of this title.
``(c) Report Not Public Document.--No annual report under this
section shall be printed as a public document.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
subtitle II of title 36, United States Code, is amended by insert after
the item relating to chapter 1503 the following new item:
``1504. National American Indian Veterans, Incorporated..... 150401''. | Grants a federal charter to the National American Indian Veterans, Incorporated (a nonprofit corporation organized in the United States). | {"src": "billsum_train", "title": "A bill to grant a Federal charter to the National American Indian Veterans, Incorporated."} | 1,948 | 27 | 0.517498 | 1.215571 | 0.122767 | 3.826087 | 78.26087 | 0.956522 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Social Security
Expansion Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Across-the-board benefit increase.
Sec. 3. Computation of cost-of-living increases.
Sec. 4. Increase in minimum benefit for lifetime low earners based on
years in the workforce.
Sec. 5. Payroll tax on remuneration up to contribution and benefit base
and more than $250,000.
Sec. 6. Tax on net earnings from self-employment up to contribution and
benefit base and more than $250,000.
Sec. 7. Tax on investment gain.
SEC. 2. ACROSS-THE-BOARD BENEFIT INCREASE.
Section 215(a)(1)(B) of the Social Security Act (42 U.S.C.
415(a)(1)(B)) is amended--
(1) by redesignating clause (iii) as clause (iv); and
(2) by inserting after clause (ii) the following new
clause:
``(iii) For individuals who initially become eligible for
old-age or disability insurance benefits, or who die (before
becoming eligible for such benefits) in any calendar year after
2022, the amount determined under clause (i) of this
subparagraph for purposes of subparagraph (A)(i) for such
calendar year shall be increased by--
``(I) for calendar year 2023, 1 percent;
``(II) for each of calendar years 2024 through
2036, the percent determined under this clause for the
preceding year increased by 1 percentage point; and
``(III) for calendar year 2037 and each year
thereafter, 15 percent.''.
SEC. 3. COMPUTATION OF COST-OF-LIVING INCREASES.
(a) In General.--Section 215(i)(1) of the Social Security Act (42
U.S.C. 415(i)(1)) is amended by adding at the end the following new
subparagraph:
``(H) the term `Consumer Price Index' means the Consumer
Price Index for Elderly Consumers (CPI-E, as published by the
Bureau of Labor Statistics of the Department of Labor).''.
(b) Application to Pre-1979 Law.--
(1) In general.--Section 215(i)(1) of the Social Security
Act as in effect in December 1978, and as applied in certain
cases under the provisions of such Act as in effect after
December 1978, is amended by adding at the end the following
new subparagraph:
``(D) the term `Consumer Price Index' means the Consumer
Price Index for Elderly Consumers (CPI-E, as published by the
Bureau of Labor Statistics of the Department of Labor).''.
(2) Conforming change.--Section 215(i)(4) of the Social
Security Act (42 U.S.C. 415(i)(4)) is amended by inserting
``and by section 102 of the Social Security Expansion Act''
after ``1986''.
(c) No Effect on Adjustments Under Other Laws.--Section 215(i) of
the Social Security Act (42 U.S.C. 415(i)) is amended by adding at the
end the following:
``(6) Any provision of law (other than in this title, title VIII,
or title XVI) which provides for adjustment of an amount based on a
change in benefit amounts resulting from a determination made under
this subsection shall be applied and administered without regard to the
amendments made by section 102 of the Social Security Expansion Act.''.
(d) Publication of Consumer Price Index for Elderly Consumers.--The
Bureau of Labor Statistics of the Department of Labor shall prepare and
publish the index authorized by section 191 of the Older Americans
Amendments Act of 1987 (29 U.S.C. 2 note) for each calendar month,
beginning with July of the calendar year following the calendar year in
which this Act is enacted, and such index shall be known as the
``Consumer Price Index for Elderly Consumers''.
(e) Effective Date.--The amendments made by subsection (a) shall
apply to determinations made with respect to cost-of-living computation
quarters (as defined in section 215(i)(1)(B) of the Social Security Act
(42 U.S.C. 415(i)(1)(B))) ending on or after September 30 of the second
calendar year following the calendar year in which this Act is enacted.
SEC. 4. INCREASE IN MINIMUM BENEFIT FOR LIFETIME LOW EARNERS BASED ON
YEARS IN THE WORKFORCE.
(a) In General.--Section 215(a)(1) of the Social Security Act (42
U.S.C. 415(a)(1)) is amended--
(1) by redesignating subparagraph (D) as subparagraph (E);
and
(2) by inserting after subparagraph (C) the following new
subparagraph:
``(D)(i) Effective with respect to the benefits of individuals who
become eligible for old-age insurance benefits or disability insurance
benefits (or die before becoming so eligible) after 2017, no primary
insurance amount computed under subparagraph (A) may be less than the
greater of--
``(I) the minimum monthly amount computed under
subparagraph (C); or
``(II) in the case of an individual who has more than 10
years of work (as defined in clause (iv)(I)), the alternative
minimum amount determined under clause (ii).
``(ii)(I) The alternative minimum amount determined under this
clause is the applicable percentage of \1/12\ of the annual dollar
amount determined under clause (iii) for the year in which the amount
is determined.
``(II) For purposes of subclause (I), the applicable percentage is
the percentage specified in connection with the number of years of
work, as set forth in the following table:
``If the number of years The applicable
of work is: percentage is:
11........................................... 6.25 percent
12........................................... 12.50 percent
13........................................... 18.75 percent
14........................................... 25.00 percent
15........................................... 31.25 percent
16........................................... 37.50 percent
17........................................... 43.75 percent
18........................................... 50.00 percent
19........................................... 56.25 percent
20........................................... 62.50 percent
21........................................... 68.75 percent
22........................................... 75.00 percent
23........................................... 81.25 percent
24........................................... 87.50 percent
25........................................... 93.75 percent
26........................................... 100.00 percent
27........................................... 106.25 percent
28........................................... 112.50 percent
29........................................... 118.75 percent
30 or more................................... 125.00 percent.
``(iii) The annual dollar amount determined under this clause is--
``(I) for calendar year 2018, the poverty guideline for
2017; and
``(II) for any calendar year after 2018, the annual dollar
amount for 2017 multiplied by the ratio of--
``(aa) the national average wage index (as defined
in section 209(k)(1)) for the second calendar year
preceding the calendar year for which the determination
is made, to
``(bb) the national average wage index (as so
defined) for 2016.
``(iv) For purposes of this subparagraph--
``(I) the term `year of work' means, with respect to an
individual, a year to which 4 quarters of coverage have been
credited based on such individual's wages and self-employment
income; and
``(II) the term `poverty guideline for 2017' means the
annual poverty guideline for 2017 (as updated annually in the
Federal Register by the Department of Health and Human Services
under the authority of section 673(2) of the Omnibus Budget
Reconciliation Act of 1981) as applicable to a single
individual.''.
(b) Recomputation.--Notwithstanding section 215(f)(1) of the Social
Security Act, the Commissioner of Social Security shall recompute
primary insurance amounts originally computed for months prior to
November 2016 to the extent necessary to carry out the amendments made
by this section.
(c) Conforming Amendment.--Section 209(k)(1) of such Act (42 U.S.C.
409(k)(1)) is amended by inserting ``215(a)(1)(E),'' after
``215(a)(1)(D),''.
SEC. 5. PAYROLL TAX ON REMUNERATION UP TO CONTRIBUTION AND BENEFIT BASE
AND MORE THAN $250,000.
(a) In General.--Paragraph (1) of section 3121(a) of the Internal
Revenue Code of 1986 is amended by inserting after ``such calendar
year.'' the following: ``The preceding sentence shall apply only to
calendar years for which the contribution and benefit base (as so
determined) is less than $250,000, and, for such calendar years, only
to so much of the remuneration paid to such employee by such employer
with respect to employment as does not exceed $250,000.''.
(b) Conforming Amendment.--Paragraph (1) of section 3121 of the
Internal Revenue Code of 1986 is amended by striking ``Act) to'' and
inserting ``Act), or in excess of $250,000, to''.
(c) Effective Date.--The amendments made by this section shall
apply to remuneration paid after December 31, 2017.
SEC. 6. TAX ON NET EARNINGS FROM SELF-EMPLOYMENT UP TO CONTRIBUTION AND
BENEFIT BASE AND MORE THAN $250,000.
(a) In General.--Paragraph (1) of section 1402(b) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(1) in the case of the tax imposed by section 1401(a),
the excess of--
``(A) that part of the net earnings from self-
employment which is in excess of--
``(i) an amount equal to the contribution
and benefit base (as determined under section
230 of the Social Security Act) which is
effective for the calendar year in which such
taxable year begins, minus
``(ii) the amount of the wages paid to such
individual during such taxable years, over
``(B) that part of the net earnings from self-
employment which is in excess of the sum of--
``(i) the excess of--
``(I) the net earning from self-
employment reduced by the excess (if
any) of subparagraph (A)(i) over
subparagraph (A)(ii), over
``(II) $250,000, reduced by such
contribution and benefit base, plus
``(ii) the amount of the wages paid to such
individual during such taxable year in excess
of such contribution and benefit base and not
in excess of $250,000; or''.
(b) Phaseout.--Subsection (b) of section 1402 of the Internal
Revenue Code of 1986 is amended by adding at the end the following:
``Paragraph (1) shall apply only to taxable years beginning in calendar
years for which the contribution and benefit base (as determined under
section 230 of the Social Security Act) is less than $250,000.''.
(c) Effective Date.--The amendments made by this section shall
apply to net earnings from self-employment derived, and remuneration
paid, after December 31, 2017.
SEC. 7. TAX ON INVESTMENT GAIN.
(a) In General.--Subsection (a) of section 1411 of the Internal
Revenue Code of 1986 is amended by striking ``3.8 percent'' each place
it appears and inserting ``10 percent''.
(b) Conforming Amendment.--The heading for chapter 2A of the
Internal Revenue Code of 1986 is amended by inserting ``AND SOCIAL
SECURITY'' after ``MEDICARE''.
(c) Trust Funds.--
(1) Federal old-age and survivors insurance trust fund.--
Subsection (a) of section 201 of the Social Security Act (42
U.S.C. 401) is amended--
(A) in paragraph (4), by striking the period at the
end and inserting ``; and'';
(B) by inserting after paragraph (4) the following
new paragraph:
``(5) 62 percent of the taxes imposed under section 1411 of the
Internal Revenue Code of 1986, less the amounts specified in clause (3)
of subsection (b) of this section.''; and
(C) in the flush matter at the end--
(i) by striking ``clauses (3) and (4)''
each place it appears and inserting ``clauses
(3), (4), and (5)''; and
(ii) by striking ``clauses (1) and (2)''
and inserting ``clauses (1), (2), and (3)''.
(2) Federal disability insurance trust fund.--Subsection
(b) of such section is amended--
(A) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(B) by adding at the end the following new
paragraph:
``(3) 9 percent of the taxes imposed under section 1411 of the
Internal Revenue Code of 1986.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2017. | Social Security Expansion Act This bill amends title II (Old Age, Survivors, and Disability Insurance) of the Social Security Act to: (1) increase the primary insurance amount for all eligible beneficiaries, beginning in 2023; (2) revise computation of cost-of-living adjustments to use the Consumer Price Index for Elderly Consumers; and (3) increase the special minimum primary insurance amount for lifetime low earners based on years in the workforce. This bill amends the Internal Revenue Code to: (1) apply employment and self-employment taxes to remuneration up to the contribution and benefit base and to remuneration in excess of $250,000, and (2) increase the tax rate on investment gain from 3.8% to 10% and allocate specified amounts of such tax revenue to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund. | {"src": "billsum_train", "title": "Social Security Expansion Act"} | 3,079 | 184 | 0.559104 | 1.556992 | 0.877514 | 2.994048 | 15.857143 | 0.910714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Facility Superfund
Compliance Act of 1997''.
SEC. 2. FEDERAL ENTITIES AND FACILITIES.
Section 120 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 120. FEDERAL ENTITIES AND FACILITIES.'';
(2) in subsection (a)--
(A) by striking paragraph (1) and inserting the
following:
``(1) In general.--
``(A) Definition of service charges.--In this
paragraph, the term `service charge' includes--
``(i) a fee or charge assessed in
connection with--
``(I) the processing or issuance of
a permit, renewal of a permit, or
amendment of a permit;
``(II) review of a plan, study, or
other document; or
``(III) inspection or monitoring of
a facility; and
``(ii) any other charge that is assessed in
connection with a State, interstate, or local
response program.
``(B) Application of federal, state, interstate,
and local law.--
``(i) In general.--Each department, agency,
and instrumentality of the executive,
legislative, or judicial branch of the United
States shall be subject to, and shall comply
with this Act and all other Federal, State,
interstate, and local substantive and
procedural requirements and other provisions of
law relating to a response action or
restoration action or the management of a
hazardous waste, pollutant, or contaminant in
the same manner, and to the same extent, as any
nongovernmental entity is subject to those
provisions of law.
``(ii) Provisions included.--The provisions
of law referred to in clause (i) include--
``(I) a permit requirement;
``(II) a reporting requirement;
``(III) a provision authorizing
injunctive relief (including such
sanctions as a court may impose to
enforce injunctive relief);
``(IV) sections 106 and 107 and
similar provisions of Federal, State,
or local law relating to enforcement
and liability for cleanup,
reimbursement of response costs,
contribution, and payment of damages;
``(V) a requirement to pay
reasonable service charges; and
``(VI) all administrative orders
and all civil and administrative
penalties and fines, regardless of
whether the penalties or fines are
punitive or coercive in nature or are
imposed for an isolated, intermittent,
or continuing violation.
``(C) Waiver of immunity.--
``(i) In general.--The United States waives
any immunity applicable to the United States
with respect to any provision of law described
in subparagraph (B).
``(ii) Limitation.--The waiver of sovereign
immunity under clause (i) does not apply to the
extent that a State law would apply any
standard or requirement to the Federal
department, agency, or instrumentality in a
manner that is more stringent than the manner
in which the standard or requirement would
apply to any other person.
``(D) Civil and criminal liability.--
``(i) Injunctive relief.--Neither the
United States nor any agent, employee, or
officer of the United States shall be immune or
exempt from any process or sanction of any
Federal or State court with respect to the
enforcement of injunctive relief referred to in
subparagraph (B)(ii)(III).
``(ii) No personal liability for civil
penalty.--No agent, employee, or officer of the
United States shall be personally liable for
any civil penalty under any Federal or State
law relating to a response action or to
management of a hazardous substance, pollutant,
or contaminant with respect to any act or
omission within the scope of the official
duties of the agent, employee, or officer.
``(iii) Criminal liability.--An agent,
employee, or officer of the United States shall
be subject to any criminal sanction (including
a fine or imprisonment) under any Federal or
State law relating to a response action or to
management of a hazardous substance, pollutant,
or contaminant, but no department, agency, or
instrumentality of the executive, legislative,
or judicial branch of the United States shall
be subject to any such sanction.
``(E) Enforcement.--
``(i) Abatement actions.--The Administrator
may issue an order under section 106 to any
department, agency, or instrumentality of the
executive, legislative, or judicial branch of
the United States. The Administrator shall
initiate an administrative enforcement action
against such a department, agency, or
instrumentality in the same manner and under
the same circumstances as an action would be
initiated against any other person.
``(ii) Consultation.--No administrative
order issued to a department, agency, or
instrumentality of the United States shall
become final until the department, agency, or
instrumentality has had the opportunity to
confer with the Administrator.
``(iii) Use of penalties and fines.--Unless
a State law in effect on the date of enactment
of this clause requires the funds to be used in
a different manner, all funds collected by a
State from the Federal Government as penalties
or fines imposed for violation of a provision
of law referred to in subparagraph (B) shall be
used by the State only for projects designed to
improve or protect the environment or to defray
the costs of environmental protection or
enforcement.
``(F) Contribution.--A department, agency, or
instrumentality of the United States shall have the
right to contribution under section 113 if the
department, agency, or instrumentality resolves its
liability under this Act.'';
(B) in the second sentence of paragraph (3), by
inserting ``(other than the indemnification
requirements of section 119)'' after
``responsibility''; and
(C) by striking paragraph (4); and
(3) in subsection (e), by adding at the end the following:
``(7) State requirements.--Notwithstanding any other
provision of this Act, an interagency agreement under this
section shall not impair or diminish the authority of a State,
political subdivision of a State, or any other person or the
jurisdiction of any court to enforce compliance with
requirements of State or Federal law, unless those requirements
have been specifically addressed in the agreement or waived
without objection after notice to the State before or on the
date on which the response action is selected.''. | Federal Facility Superfund Compliance Act of 1997 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to subject each department, agency, and instrumentality of the Federal Government to all Federal, State, interstate, and local requirements and other laws relating to response or restoration actions or management of hazardous waste, pollutants, or contaminants (current law refers only to compliance with CERCLA provisions) in the same manner and to the same extent as a nongovernmental entity. Waives any U.S. immunity otherwise applicable with respect to any such requirement.
Absolves Federal employees of personal liability for civil penalties under Federal or State law relating to response actions or management of hazardous substances for acts or omissions within the scope of official duties. Makes Federal employees subject to criminal sanctions under such laws, but exempts Federal agencies from such sanctions.
Authorizes the Administrator of the Environmental Protection Agency to issue an abatement order to a Federal entity and requires initiation of an administrative enforcement action in the same manner and under the same circumstances as action would be initiated against any other person.
Removes provisions for application (and preemption) of State laws concerning removal and remedial action at Federal facilities not on the National Priorities List.
Precludes interagency remedial action agreements from impairing or diminishing State, local, individual, or court authority to enforce requirements of State or Federal law, unless such requirements have been addressed or waived without objection after notice to the State. | {"src": "billsum_train", "title": "Federal Facility Superfund Compliance Act of 1997"} | 1,489 | 320 | 0.56977 | 1.878007 | 0.916995 | 2.527076 | 4.974729 | 0.844765 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``S Corporation ESOP Promotion and
Expansion Act of 2009''.
SEC. 2. FINDINGS.
Congress finds that--
(1) since January 1, 1998, employees have been permitted to
be owners of subchapter S corporations through an employee
stock ownership plan (hereafter in this section referred to as
an ``ESOP'') pursuant to Small Business Job Protection Act of
1996 (Public Law 104-188);
(2) with the passage of the Taxpayer Relief Act of 1997
(Public Law 105-34), Congress designed incentives to encourage
businesses to become ESOP-owned S corporations;
(3) since that time, several thousand companies have become
ESOP-owned S corporations, creating an ownership interest for
several million Americans in companies in every State in the
country, in industries ranging from heavy manufacturing to
technology development to services;
(4) while estimates show that 40 percent of working
Americans have no formal retirement account at all, every
United States worker who is an employee-owner of an S
corporation company through an ESOP has a valuable qualified
retirement savings account;
(5) recent studies have shown that employees of ESOP-owned
S corporations enjoy greater job stability than employees of
comparable companies;
(6) studies also show that employee-owners of S corporation
ESOP companies have amassed meaningful retirement savings
through their S ESOP accounts that will give them the means to
retire with dignity; and
(7) it is the goal of Congress to both preserve and foster
employee ownership of S corporations through ESOPs.
SEC. 3. DEFERRAL OF TAX FOR CERTAIN SALES OF EMPLOYER STOCK TO EMPLOYEE
STOCK OWNERSHIP PLAN SPONSORED BY S CORPORATION.
(a) In General.--Subparagraph (A) of section 1042(c)(1) of the
Internal Revenue Code of 1986 (defining qualified securities) is
amended by striking ``domestic C corporation'' and inserting ``domestic
corporation''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to sales after the date of the enactment of this Act.
SEC. 4. DEDUCTION FOR INTEREST ON LOAN TO FINANCE PURCHASE OF EMPLOYER
SECURITIES BY AN EMPLOYEE STOCK OWNERSHIP PLAN SPONSORED
BY AN S CORPORATION.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting after section 199
the following new section:
``SEC. 200. INTEREST ON CERTAIN LOANS FOR THE PURCHASE OF EMPLOYER
SECURITIES BY AN EMPLOYEE STOCK OWNERSHIP PLAN SPONSORED
BY AN S CORPORATION.
``(a) In General.--There shall be allowed as a deduction an amount
equal to 50 percent of the interest received during the taxable year by
a bank (within the meaning of section 581) with respect to a securities
acquisition loan.
``(b) Securities Acquisition Loan.--
``(1) In general.--For purposes of this section, the term
`securities acquisition loan' means--
``(A) any loan to an employee stock ownership plan
sponsored by an S corporation to the extent that the
proceeds are used to acquire employer securities for
the plan, and
``(B) any loan to an S corporation that sponsors an
employee stock ownership plan to the extent that the
proceeds of such loan are loaned to the employee stock
ownership plan to acquire employer securities for the
plan.
For purposes of this paragraph, the term `employer securities'
has the meaning given such term by section 409(l).
``(2) Terms applicable to certain securities acquisition
loans.--For purposes of paragraph (1)(B), the term `securities
acquisition loan' shall not include any loan to the S
corporation unless the loan to the employee stock ownership
plan has repayment terms which are substantially similar to the
terms of the loan to the S corporation.
``(3) Treatment of refinancings.--The term `securities
acquisition loan' shall include any loan which is (or is part
of a series of loans) used to refinance a loan described in
paragraph (1) (after the application of paragraph (2)).
``(4) Plan must hold more than 50 percent of stock after
acquisition or transfer.--
``(A) In general.--A loan shall not be treated as a
securities acquisition loan for purposes of this
section unless, immediately after an acquisition of
employer securities referred to in paragraph (1), the
employee stock ownership plan owns more than 50 percent
of the outstanding stock of the S corporation.
``(B) Failure to retain minimum stock interest.--
``(i) In general.--Subsection (a) shall not
apply to any interest received with respect to
a securities acquisition loan which is
allocable to any period during which the
employee stock ownership plan does not own
stock meeting the requirements of subparagraph
(A).
``(ii) Exception.--To the extent provided
by the Secretary, clause (i) shall not apply to
any period if, within 90 days of the first date
on which the failure occurred (or such longer
period not in excess of 180 days as the
Secretary may prescribe), the plan acquires
stock which results in its meeting the
requirements of subparagraph (A).
``(C) Stock.--For purposes of subparagraph (A), the
Secretary may provide that warrants, options, contracts
to acquire stock, convertible debt interests and other
similar interests be treated as stock for 1 or more
purposes under subparagraph (A).
``(c) Employee Stock Ownership Plan.--For purposes of this section,
the term `employee stock ownership plan' has the meaning given to such
term by section 4975(e)(7).''.
(b) Clerical Amendment.--The table of sections for part VI of
subchapter B of chapter 1 of such Code is amended by inserting after
the item relating to section 199 the following new item:
``Sec. 200. Interest on certain loans for the purchase of employer
securities by an employee stock ownership
plan sponsored by an S corporation.''.
(c) Effective Date.--The amendments made by this section shall
apply to interest accrued on loans made after the date of the enactment
of this Act.
SEC. 5. ASSUMPTION OF ESTATE TAX LIABILITY WITH RESPECT TO CERTAIN
TRANSFERS OF EMPLOYER SECURITIES TO AN EMPLOYEE STOCK
OWNERSHIP PLAN SPONSORED BY AN S CORPORATION.
(a) In General.--Subchapter C of chapter 11 of the Internal Revenue
Code of 1986 is amended by inserting after section 2209 the following
new section:
``SEC. 2209A. LIABILITY FOR PAYMENT OF ESTATE TAX LIABILITY IN CASE OF
CERTAIN TRANSFERS OF EMPLOYER SECURITIES TO AN EMPLOYEE
STOCK OWNERSHIP PLAN SPONSORED BY AN S CORPORATION.
``(a) In General.--If--
``(1) employer securities--
``(A) are transferred by gift by the decedent to an
employee stock ownership plan sponsored by an S
corporation,
``(B) are transferred to such a plan by reason of
the decedent's death under the decedent's will or a
trust created by the decedent, or
``(C) are transferred by gift by the executor of
the estate of the decedent to such a plan, and
``(2) the executor of the estate of the decedent elects the
application of this section and files the agreements described
in subsection (e) before the due date (including extensions)
for filing the return of tax imposed by section 2001,
then the executor of the estate of the decedent is relieved of
liability for payment of that portion of the tax imposed by section
2001 which such employee stock ownership plan is required to pay under
subsection (b).
``(b) Payment of Tax by Employee Stock Ownership Plan.--
``(1) In general.--An employee stock ownership plan--
``(A)(i) to which employer securities have been
transferred by gift by the decedent,
``(ii) to which such securities have been
transferred by reason of the decedent's death under the
decedent's will or a trust created by the decedent, or
``(iii) to which such securities have been
transferred by gift by the executor of the estate of
the decedent, and
``(B) with respect to which an agreement described
in subsection (e)(1) is in effect,
shall pay that portion of the tax imposed by section 2001 with
respect to the taxable estate of the decedent which is
described in paragraph (2).
``(2) Amount of tax to be paid.--The portion of the tax
imposed by section 2001 with respect to the taxable estate of
the decedent described in this paragraph is equal to the lesser
of--
``(A) the value of the employer securities
described in subsection (a)(1) which is included in the
gross estate of the decedent, or
``(B) the tax imposed by section 2001 with respect
to such taxable estate reduced by the sum of the
credits allowable against such tax.
``(c) Installment Payments.--
``(1) In general.--If--
``(A) the executor of the estate of the decedent
(without regard to this section) elects to have the
provisions of section 6166 (relating to extensions of
time for payment of estate tax where the estate
consists largely of interests in a closely held
business) apply to payment of that portion of the tax
imposed by section 2001 with respect to such estate
which is attributable to employer securities, and
``(B) the plan administrator provides to the
executor the agreement described in subsection (e)(1),
then the plan administrator may elect, before the due date
(including extensions) for filing the return of such tax, to
pay all or part of the tax described in subsection (b)(2) in
installments under the provisions of section 6166.
``(2) Interest on installments.--In determining the 2-
percent portion for purposes of section 6601(j)--
``(A) the portion of the tax imposed by section
2001 with respect to an estate for which the executor
is liable, and
``(B) the portion of such tax for which an employee
stock ownership plan is liable, shall be aggregated.
``(3) Special rules for application of section 6166(g).--In
the case of any transfer of employer securities to an employee
stock ownership plan to which this section applies--
``(A) Transfer does not trigger acceleration.--Such
transfer shall not be treated as a disposition or
withdrawal to which section 6166(g) applies.
``(B) Separate application to estate and plan
interests.--Section 6166(g) shall be applied separately
to the interests held after such transfer by the estate
and such plan.
``(C) Required distribution not taken into
account.--In the case of any distribution of such
securities (or sale of such securities) by such plan
which is described in section 4978(d)(1)--
``(i) such distribution shall not be
treated as a disposition or withdrawal for
purposes of section 6166(g), and
``(ii) such securities shall not be taken
into account in applying section 6166(g) to any
subsequent disposition or withdrawal.
``(D) Disposition to meet diversification
requirements.--Any disposition of such securities which
is made to meet the requirements of section
401(a)(28)--
``(i) shall not treated as a disposition or
withdrawal for purposes of section 6166(g), and
``(ii) such securities shall not be taken
into account in applying section 6166(g) to any
subsequent disposition or withdrawal.
``(d) Guarantee of Payments.--Any employer--
``(1) whose employees are covered by an employee stock
ownership plan, and
``(2) who has entered into an agreement described in
subsection (e)(2) which is in effect,
shall guarantee (in such manner as the Secretary may prescribe) the
payment of any amount such plan is required to pay under subsection
(b).
``(e) Agreements.--The agreements described in this subsection are
as follows:
``(1) A written agreement signed by the plan administrator
consenting to the application of subsection (b) to such plan.
``(2) A written agreement signed by the employer whose
employees are covered by the plan described in subsection (b)
consenting to the application of subsection (d).
``(f) Exemption From Tax on Prohibited Transactions.--The
assumption under this section by an employee stock ownership plan of
any portion of the liability for the tax imposed by section 2001 shall
be treated as a loan described in section 4975(d)(3).
``(g) Definitions.--For purposes of this section--
``(1) Employer securities.--The term `employer securities'
has the meaning given such term by section 409(l).
``(2) Employee stock ownership plan.--The term `employee
stock ownership plan' has the meaning given such term by
section 4975(e)(7).
``(3) Plan administrator.--The term `plan administrator'
has the meaning given such term by section 414(g).
``(4) Tax imposed by section 2001.--The term `tax imposed
by section 2001' includes any interest, penalty, addition to
tax, or additional amount relating to any tax imposed by
section 2001.''.
(b) Clerical Amendment.--The table of sections for subchapter C of
chapter 11 of such Code is amended by inserting after the item relating
to section 2209 the following new item:
``Sec. 2209A. Liability for payment of estate tax liability in case of
certain transfers of employer securities to
an employee stock ownership plan sponsored
by an S corporation.''.
(c) Effective Date.--The amendments made by this section shall
apply to transfers of employer securities after the date of the
enactment of this Act.
SEC. 6. ESTATE TAX DEDUCTION FOR CERTAIN SALES OF EMPLOYER SECURITIES
TO AN EMPLOYEE STOCK OWNERSHIP PLAN SPONSORED BY AN S
CORPORATION.
(a) In General.--Part IV of subchapter A of chapter 11 of the
Internal Revenue Code of 1986 is amended by inserting after section
2057 the following new section:
``SEC. 2057A. SALES OF EMPLOYER SECURITIES TO AN EMPLOYEE STOCK
OWNERSHIP PLAN SPONSORED BY AN S CORPORATION.
``(a) General Rule.--For purposes of the tax imposed by section
2001, in the case of a sale of any qualified employer securities to an
employee stock ownership plan sponsored by an S corporation on or
before the date on which the return of the tax imposed by section 2001
is required to be filed (determined by taking into account any
extension of time for filing), the value of the taxable estate shall be
determined by deducting from the value of the gross estate an amount
equal to 50 percent of the proceeds of such sale.
``(b) Qualified Employer Securities.--
``(1) In general.--The term `qualified employer securities'
means employer securities--
``(A) which are includible in the gross estate of
the decedent,
``(B) which would have been includible in the gross
estate of the decedent if the decedent had died at any
time during the 5-year period ending on the date of
death, and
``(C) with respect to which the executor elects the
application of this section in the manner prescribed by
the Secretary.
``(2) Certain assets held by spouse.--For purposes of
paragraph (1)(B), any employer security which would have been
includible in the gross estate of the spouse of a decedent
during the period described in paragraph (1)(B) if the spouse
had died during such period shall be treated as includible in
the gross estate of the decedent during such period.
``(c) Other Definitions.--For purposes of this section--
``(1) Employer securities.--The term `employer securities'
has the meaning given such term by section 409(1).
``(2) Employee stock ownership plan.--The term `employee
stock ownership plan' means a plan described in section
4975(e)(7).''.
(b) Clerical Amendment.--The table of sections for part IV of
subchapter A of chapter 11 of such Code is amended by inserting after
the item relating to section 2057 the following new item:
``Sec. 2057A. Sales of employer securities to an employee stock
ownership plan sponsored by an S
corporation.''.
(c) Effective Date.--The amendments made by this section shall
apply to sales of employer securities after the date of the enactment
of this Act.
SEC. 7. DEPARTMENT OF LABOR TECHNICAL ASSISTANCE OFFICE.
(a) Establishment Required.--Before the end of the 90-day period
beginning on the date of enactment of this Act, the Secretary of Labor
shall establish the S Corporation Employee Ownership Assistance Office
to foster increased employee ownership of S corporations.
(b) Duties of the Office.--The S Corporation Employee Ownership
Assistance Office shall provide--
(1) education and outreach to inform people about the
possibilities and benefits of employee ownership of S
corporations; and
(2) technical assistance to assist S corporations to
sponsor employee stock ownership plans. | S Corporation ESOP Promotion and Expansion Act of 2009 - Amends the Internal Revenue Code to: (1) extend to all domestic corporations, including S corporations, provisions allowing deferral of tax on gain from the sale of employer securities to an S corporation-sponsored employer stock ownership plan (ESOP); (2) allow a tax deduction for interest incurred on loans to S corporation-sponsored ESOPs for the purchase of employer securities; (3) transfer liability for payment of estate tax on transfers of employer securities to an S corporation-sponsored ESOP from the estate executor to the ESOP; and (4) allow an estate tax deduction for 50% of the proceeds from the sale of employer securities to an S corporation-sponsored ESOP.
Directs the Secretary of Labor to establish the S Corporation Employee Ownership Assistance Office to foster increased employee ownership of S corporations. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to expand the availability of employee stock ownership plans in S corporations, and for other purposes."} | 4,022 | 181 | 0.607697 | 1.874223 | 0.820206 | 3.224242 | 21.2 | 0.945455 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Credit Union Charter Choice Act''.
SEC. 2. CONVERSIONS OF CREDIT UNIONS TO SAVINGS ASSOCIATIONS OR MUTUAL
SAVINGS BANKS.
(a) In General.--Section 205(b)(2) of the Federal Credit Union Act
( 12 U.S.C. 1785(b)) is amended--
(1) in subparagraph (G)--
(A) by striking ``Consistent rules'' in the heading
of such subparagraph and all that follows through ``,
the Administration shall promulgate'' (where such term
appears in clause (i) of such subparagraph) and
inserting ``Consistent rules.--The Board shall
prescribe''; and
(B) by striking clause (ii);
(2) by redesignating subparagraphs (E), (F), and (G) (as
amended by paragraph (1)) as subparagraphs (K), (L), and (M),
respectively; and
(3) by striking subparagraph (D) and inserting the
following new subparagraphs:
``(D) Notice of proposal to board.--An insured
credit union that proposes to convert to a mutual
savings bank or savings association under subparagraph
(A) shall submit to the Board, or a designee of the
Board, for review and approval by the Board or such
designee a copy of the written notice, ballot and such
other materials to be mailed to members pursuant to
subparagraph (C).
``(E) Contents of notice to board.--In addition to
the requirements of subparagraph (D), a notice
submitted under such subparagraph shall include the
following:
``(i) The date that the membership vote
will be taken and the date by which ballots
must be received by the inspector of elections
to be counted.
``(ii) A brief statement of why the
directors of the converting credit union are
considering the conversion and the board's
recommendation to the members of the credit
union.
``(iii) A brief statement of the material
effects of the conversion on the credit union,
as converted, and the members of the credit
union, including any differences in powers
between a credit union and a mutual savings
bank or savings association that the converting
credit union deems to be material to such
members.
``(F) Restrictions on regulation of content of
proposed conversion notice to members.--A converting
credit union may not be required to include in the
notice provided under subparagraph (C) any information
or statements that--
``(i) are speculative with respect to the
future operations, governance, or form of
organization of the financial institution that
will result from the conversion, or may occur
after the completion of the conversion;
``(ii) are inaccurate with respect to a
proposed conversion of the converting credit
union or the application for a mutual savings
bank or savings association charter filed in
connection with the conversion;
``(iii) conflict with regulations of other
financial regulators, including the Director of
the Office of Thrift Supervision, related to
the subsequent conversion of the resulting
financial institution from mutual to stock
form;
``(iv) distort the impact of conversion on
the members of the credit union; or
``(v) are attributable to the Board or
state the Board's position on conversions.
``(G) Board approval process.--
``(i) In general.--The Board shall approve
the materials submitted by the converting
credit union pursuant to subparagraph (D) if
such materials comply with the requirements of
subparagraph (E), unless the Board determines
that the conversion is being made to circumvent
a pending supervisory action that is about to
be or has been initiated by the Board or by the
State board, commission, or authority having
jurisdiction over the credit union, in the case
of converting State-chartered credit union,
because of a concern over the safety and
soundness of the converting credit union.
``(ii) Notice within 30 days.--The Board,
or the designee of the Board, shall provide the
converting credit union with written approval
of the materials submitted by a converting
credit union pursuant to subparagraph (D) or
comments thereto within 30 days of the initial
receipt by the Board or such designee of such
materials.
``(iii) Revisions to notice.--Any revised
materials filed with the Board by a converting
credit union shall be acted upon by the later
of the end of the 30-day period referred to in
clause (ii) or the end of the 10-day period
beginning when such revised materials are
filed.
``(H) Other restrictions on the board.--
``(i) Prohibition on submission and review
of other communications with members.--Other
than the written materials being mailed to the
converting credit union's members pursuant to
subparagraph (C), the converting credit union
shall not be required to submit any other
communications involving the conversion to the
Board for approval and the Board shall have no
authority to regulate the content of any such
communications.
``(ii) Exception for inconsistent,
misleading, or false communications.--Clause
(i) shall not apply so as to to restrict the
Board's authority to prevent or correct
communications under subparagraph (C) that are
inconsistent with the material facts contained
in the notice of proposed conversion or are
knowingly false or misleading.
``(iii) Limitation on authority to require
new membership vote.--The Board shall not have
the authority to require a new vote on the
basis of the contents of the notice required
under subparagraph (C) or any other
communication from the converting insured
credit union to the members of the credit
union, unless the notice or communication
contains a knowingly false statement that
affects the outcome of a conversion vote.
``(I) Conduct and supervision of election.--
``(i) Secret ballot.--The vote on the
conversion shall be conducted by secret ballot.
``(ii) Independent inspector of election.--
``(I) In general.--The converting
credit union shall appoint an
independent inspector of elections to
receive and tally the votes cast on the
conversion proposal.
``(II) Ineligible persons.--The
inspector shall not be an employee,
officer, or director of the converting
credit union or have a family
relationship with any employee, officer
or director of the credit union.
``(III) Family relationship
defined.--For purposes of subclause
(II), the term `family relationship'
means any relationship by blood,
marriage or adoption, that is not more
remote than first cousin.
``(iii) Certification.--The board of
directors of the converting credit union shall
certify to the Board (or the designee of the
Board) and the Federal banking agency or the
appropriate State bank supervisor (as such
terms are defined in section 3 of the Federal
Deposit Insurance Act) that will have
jurisdiction over the institution after the
conversion--
``(I) the results of the membership
vote, based on the report of the
inspector of elections, within 10
calendar days after the vote is taken
or as promptly thereafter as possible;
and
``(II) at the same time, that the
notice, ballot and other written
materials provided to members were
identical in all material respects to
those submitted to the Board (or the
designee of the Board) pursuant to
subparagraph (D) and approved by the
Board or such designee.
``(J) Restriction on post-election review or
approval.--Absent fraud or reckless disregard for
fairness during the voting process that affects the
outcome of the vote, the Board shall have no further
review or approval authority over the conversion
process following the submission and review of the
certification under subparagraph (I)(iii).''.
(b) Effective Date.--The amendments made by this Act shall apply to
all credit union conversions described in section 205(b)(2) of the
Federal Credit Union Act that are pending on the date of the enactment
of this Act and any conversion commenced on or after such date of
enactment pursuant to a notice provided to the National Credit Union
Administration Board in accordance with section 205(b)(2)(D) of the
Federal Credit Union Act (as amended by subsection (a) of this
section).
(c) Regulations.--Before the end of the 60-day period beginning on
the date of the enactment of this Act, the National Credit Union
Administration Board shall publish proposed amendments to existing
regulations of the Board governing conversions of insured credit unions
to mutual savings banks or savings associations that are necessary to
conform such regulations with the requirements of the amendments made
by this Act. | Credit Union Charter Choice Act - Amends the Federal Credit Union Act to repeal requirements governing oversight by the National Credit Union Administration of the member vote concerning charter conversions of credit unions to mutual savings banks or savings associations.
Revamps requirements governing credit union notification to the National Credit Union Administration Board of intent to convert to a mutual savings bank or savings association.
Sets forth a Board approval process regarding materials submitted by converting credit unions in connection with such conversions.
Requires the member vote on a proposed conversion to be conducted by secret ballot, with an independent inspector of elections appointed by the converting credit union to receive and tally the votes. Requires the board of directors of the converting credit union to certify vote results to the Board. Denies the Board any further review or approval authority over the conversion process, absent fraud or reckless disregard for fairness during the voting process that affects the vote outcome. | {"src": "billsum_train", "title": "To amend the Federal Credit Union Act provisions relating to any conversion of a credit union charter to a mutual savings bank or savings association charter, and for other purposes."} | 1,965 | 200 | 0.559574 | 1.53233 | 0.908759 | 3.238372 | 10.447674 | 0.901163 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Superfund Polluter Pays Act''.
SEC. 2. EXTENSION OF SUPERFUND EXCISE TAX.
(a) In General.--
(1) Extension.--Section 4611(e) of the Internal Revenue
Code of 1986 is amended to read as follows:
``(e) Application of Hazardous Substance Superfund Financing
Rate.--The Hazardous Substance Superfund financing rate under this
section shall apply after December 31, 1986, and before January 1,
1996, and after the date of the enactment of this subsection and before
January 1, 2019.''.
(2) Modification of hazardous substance superfund financing
rate.--Section 4611(c)(2)(A) of such Code is amended by
striking ``9.7 cents'' and inserting ``17.0 cents''.
(3) Inflation adjustment.--Section 4611(c) of such Code is
amended by adding at the end the following new paragraph:
``(3) Adjustment for inflation.--
``(A) In general.--In the case of any taxable year
beginning after December 31, 2010, the amount under
paragraph (2)(A) shall be increased by an amount equal
to--
``(i) such amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which such taxable year begins
by substituting `calendar year 2009' for
`calendar year 1992' in subparagraph (B)
thereof.
``(B) Rounding.--If any increase determined under
this paragraph is not a multiple of 0.1 cents, such
increase shall be rounded to the next lowest multiple
of 0.1 cents.''.
(b) Modification of Rate of Tax on Certain Chemicals.--Section
4661(b) of the Internal Revenue Code of 1986 is amended to read as
follows:
``(b) Amount of Tax.--
``(1) In general.--The amount of tax imposed by subsection
(a) shall be determined in accordance with the following table:
------------------------------------------------------------------------
The tax is the following
``In the case of: amount per ton
------------------------------------------------------------------------
Acetylene.................................... $12.81
Benzene...................................... 12.81
Butane....................................... 12.81
Butylene..................................... 12.81
Butadiene.................................... 12.81
Ethylene..................................... 12.81
Methane...................................... 9.05
Napthalene................................... 12.81
Propylene.................................... 12.81
Toluene...................................... 12.81
Xylene....................................... 12.81
Ammonia...................................... 6.94
Antimony..................................... 11.70
Antimony trioxide............................ 9.86
Arsenic...................................... 11.70
Arsenic trioxide............................. 8.97
Barium sulfide............................... 6.05
Bromine...................................... 11.70
Cadmium...................................... 11.70
Chlorine..................................... 7.10
Chromium..................................... 11.70
Chromite..................................... 4.00
Potassium dichromate......................... 4.44
Sodium dichromate............................ 4.92
Cobalt....................................... 11.70
Cupric sulfate............................... 4.92
Cupric oxide................................. 9.44
Cuprous oxide................................ 10.44
Hydrochloric acid............................ 0.76
Hydrogen fluoride............................ 11.12
Lead oxide................................... 10.89
Mercury...................................... 11.70
Nickel....................................... 11.70
Phosphorus................................... 11.70
Stannous chloride............................ 7.50
Stannic chloride............................. 5.58
Zinc chloride................................ 5.84
Zinc sulfate................................. 5.00
Potassium hydroxide.......................... 0.58
Sodium hydroxide............................. 0.74
Sulfuric acid................................ 0.68
Nitric acid.................................. 0.63.
------------------------------------------------------------------------
``(2) Adjustment for inflation.--
``(A) In general.--In the case of any taxable year
beginning after December 31, 2010, each of the dollar
amounts in the table in paragraph (1) shall be
increased by an amount equal to--
``(i) such amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which such taxable year begins
by substituting `calendar year 2009' for
`calendar year 1992' in subparagraph (B)
thereof.
``(B) Rounding.--If any increase determined under
this paragraph is not a multiple of $0.01, such
increase shall be rounded to the next lowest multiple
of $0.01.''.
(c) Technical Amendments.--
(1) Section 4611(b) of the Internal Revenue Code of 1986 is
amended--
(A) by striking ``or exported from'' in paragraph
(1)(A),
(B) by striking ``or exportation'' in paragraph
(1)(B), and
(C) by striking ``and Exportation'' in the heading.
(2) Section 4611(d)(3) of such Code is amended--
(A) by striking ``or exporting the crude oil, as
the case may be'' in the text and inserting ``the crude
oil'', and
(B) by striking ``or exports'' in the heading.
(d) Effective Dates.--The amendments made by this section shall
take effect on the date of the enactment of this Act. | Superfund Polluter Pays Act - Amends the Internal Revenue Code to: (1) reinstate and increase the Hazardous Substance Superfund financing rate through 2018; and (2) increase the environmental excise tax on certain chemicals sold by their manufacturers, producers, and importers. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to extend the financing of the Superfund."} | 1,314 | 58 | 0.561162 | 1.21488 | 0.583486 | 2.020408 | 19.877551 | 0.755102 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child and Family Services Extension
and Enhancement Act''.
SEC. 2. EXTENSION OF STEPHANIE TUBBS JONES CHILD WELFARE SERVICES
PROGRAM.
(a) In General.--Section 425 of the Social Security Act (42 U.S.C.
625) is amended by striking ``2007 through 2011'' and inserting ``2012
through 2016''.
(b) Modification of Certain State Plan Requirements.--
(1) Response to emotional trauma.--Section
422(b)(15)(A)(ii) of such Act (42 U.S.C. 622(b)(15)(A)(ii)) is
amended by inserting ``, including emotional trauma associated
with a child's maltreatment and removal from home'' before the
semicolon.
(2) Procedures on the use of psychotropic medications.--
Section 422(b)(15)(A)(v) of such Act (42 U.S.C.
622(b)(15)(A)(v)) is amended by inserting ``, including
protocols for the appropriate use and monitoring of
psychotropic medications'' before the semicolon.
(3) Description of activities to address developmental
needs of very young children.--Section 422(b) of such Act (42
U.S.C. 622(b)) is amended--
(A) by striking ``and'' at the end of paragraph
(16);
(B) by striking the period at the end of paragraph
(17) and inserting ``; and''; and
(C) by adding at the end the following:
``(18) include a description of the activities that the
State has undertaken to reduce the length of time children who
have not attained 5 years of age are without a permanent family
placement, and the activities the State undertakes to address
the developmental needs of such children who receive benefits
or services under this part or part E.''.
(c) Child Visitation by Caseworkers.--Section 424 of such Act (42
U.S.C. 624) is amended by striking the 2nd subsection (e), as added by
section 7(b) of the Child and Family Services Improvement Act of 2006,
and inserting the following:
``(f)(1)(A) Each State shall take such steps as are necessary to
ensure that the total number of visits made by caseworkers on a monthly
basis to children in foster care under the responsibility of the State
during a fiscal year is not less than 90 percent of the total number of
such visits that would occur during the fiscal year if each such child
were so visited once every month while in such care.
``(B) If the Secretary determines that a State has failed to comply
with subparagraph (A) for a fiscal year, then the percentage that would
otherwise apply for purposes of subsection (a) for the fiscal year
shall be reduced by--
``(i) 1, if the number of full percentage points by which
the State fell short of the percentage specified in
subparagraph (A) is less than 10;
``(ii) 3, if the number of full percentage points by which
the State fell short, as described in clause (i), is not less
than 10 and less than 20; or
``(iii) 5, if the number of full percentage points by which
the State fell short, as described in clause (i), is not less
than 20.
``(2)(A) Each State shall take such steps as are necessary to
ensure that not less than 50 percent of the total number of visits made
by caseworkers to children in foster care under the responsibility of
the State during a fiscal year occur in the residence of the child
involved.
``(B) If the Secretary determines that a State has failed to comply
with subparagraph (A) for a fiscal year, then the percentage that would
otherwise apply for purposes of subsection (a) for the fiscal year
shall be reduced by--
``(i) 1, if the number of full percentage points by which
the State fell short of the percentage specified in
subparagraph (A) is less than 10;
``(ii) 3, if the number of full percentage points by which
the State fell short, as described in clause (i), is not less
than 10 and less than 20; or
``(iii) 5, if the number of full percentage points by which
the State fell short, as described in clause (i), is not less
than 20.''.
(d) Technical Correction.--Section 423(b) of such Act (42 U.S.C.
623(b)) is amended by striking ``per centum'' each place it appears and
inserting ``percent''.
SEC. 3. EXTENSION OF PROGRAM TO PROMOTE SAFE AND STABLE FAMILIES.
(a) In General.--Section 436 of the Social Security Act (42 U.S.C.
629f) is amended--
(1) in subsection (a), by striking all that follows
``$345,000,000'' and inserting ``for each of fiscal years 2012
through 2016.''; and
(2) in subsection (b)--
(A) in paragraph (2), by striking ``$30,000,000''
and inserting ``$20,000,000'';
(B) in paragraph (4)(A), by striking ``433(e)'' and
all that follows and inserting ``433(e) $20,000,000 for
each of fiscal years 2012 through 2016.''; and
(C) in paragraph (5), by striking ``437(f)'' and
all that follows and inserting ``437(f) $20,000,000 for
each of fiscal years 2012 through 2016''.
(b) Discretionary and Targeted Grants.--Section 437 of such Act (42
U.S.C. 629g) is amended in each of subsections (a) and (f)(3)(A) by
striking ``2007 through 2011'' and inserting ``2012 through 2016''.
(c) Entitlement Funding for State Courts To Assess and Improve
Handling of Proceedings Relating to Foster Care and Adoption.--Section
438 of such Act (42 U.S.C. 629h) is amended--
(1) in subsection (a)(2)(A), by inserting ``, including the
requirements in the Act related to concurrent planning and the
ability to bypass reunification efforts in certain egregious
situations'' before the semicolon;
(2) in each of subsections (c)(1)(A) and (d), by striking
``2002 through 2011'' and inserting ``2012 through 2016'';
(3) in subsection (c)(2)(A)--
(A) by striking ``2006 through 2011'' and inserting
``2012 through 2016''; and
(B) by striking ``the amount made available under
whichever of paragraph (1) or (2) of subsection (e)
applies with respect to the grant'' and inserting ``the
amount reserved pursuant to section 436(b)(2) (and the
amount, if any, reserved pursuant to section
437(b)(2))'';
(4) in subsection (c)(2)(B), by striking ``the amount made
available under subsection (e) for such a grant'' and inserting
``the amount reserved pursuant to section 436(b)(2) (and the
amount, if any, reserved pursuant to section 437(b)(2))''; and
(5) by striking subsection (e).
(d) Submission to Congress of State Summaries of Financial Data;
Publication on Hhs Web Site.--Section 432(c) of such Act (42 U.S.C.
629b(c)) is amended--
(1) by striking all that precedes ``shall'' and inserting
the following:
``(c) Annual Submission of State Reports to Congress.--
``(1) In general.--The Secretary''; and
(2) by adding after and below the end the following:
``(2) Information to be included.--The compilation shall
include the individual State reports and tables that synthesize
State information into national totals for each element
required to be included in the reports, including planned and
actual spending by service category for the program authorized
under this subpart and planned spending by service category for
the program authorized under subpart 1.
``(3) Public accessibility.--Not later than September 30 of
each year, the Secretary shall publish the compilation on the
Web site of the Department of Health and Human Services in a
location easily accessible by the public.''.
(e) Elimination of References to Methamphetamines in Substance
Abuse Grants.--Section 437(f) of such Act (42 U.S.C. 629g(f)) is
amended--
(1) in the subsection heading, by striking
``Methamphetamine or Other'';
(2) in each of paragraphs (1), (4)(A), (7)(A)(i), and
(9)(B)(iii), by striking ``methamphetamine or other''; and
(3) in paragraph (7)--
(A) by striking ``shall--'' and all that follows
through ``(A) take'' and inserting ``shall take'';
(B) in subparagraph (A)(iv), by striking ``; and''
and inserting a period;
(C) by striking subparagraph (B); and
(D) by redesignating clauses (i) through (iv) of
subparagraph (A) as subparagraphs (A) through (D),
respectively, and moving each of such provisions 2 ems
to the left.
(f) Grants for Programs for Mentoring Children of Prisoners.--
Section 439 of such Act (42 U.S.C. 629i) is amended--
(1) by striking subsection (a)(2) and inserting the
following:
``(2) Purpose.--The purpose of this section is to authorize
the Secretary to make competitive grants to applicants in areas
with substantial numbers of children of incarcerated parents,
in order to support the establishment or expansion and
operation of programs using a network of public and private
community entities to provide mentoring services for children
of prisoners.'';
(2) in subsection (c)--
(A) by striking ``(i) for a fiscal year that remain
after applying subsection (i)(2)'' and inserting ``(h)
for a fiscal year that remain after applying subsection
(h)(2)''; and
(B) by striking ``2007 through 2011'' and inserting
``2012 through 2016'';
(3) by striking subsection (g);
(4) in subsection (h)--
(A) in paragraph (1), by striking ``, including the
service delivery demonstration project authorized under
subsection (g)''; and
(B) in paragraph (2)--
(i) by striking subparagraph (B);
(ii) in subparagraph (C), by striking ``and
how the evaluation has been expanded to include
an evaluation of the demonstration project
authorized under subsection (g)''; and
(iii) by redesignating subparagraphs (C)
and (D) as subparagraphs (B) and (C),
respectively;
(5) in subsection (i)--
(A) in paragraph (1), by striking ``such sums as
may be necessary for fiscal years 2007 through 2011''
and inserting ``$25,000,000 for each of fiscal years
2012 through 2016''; and
(B) in paragraph (2)--
(i) by striking all through ``The
Secretary'' and inserting the following:
``(2) Reservation for research, technical assistance, and
evaluation.--The Secretary''; and
(ii) by striking subparagraph (B); and
(6) by redesignating subsections (h) and (i) as subsections
(g) and (h), respectively.
(g) Technical Corrections.--
(1) Section 432(a)(8)(B) of the Social Security Act (42
U.S.C. 629b(a)(8)(B)) is amended in each of clauses (i) and
(ii) by striking ``forms CFS 101-Part I and CFS 101-Part II (or
any successor forms)'' and inserting ``form CFS-101 (including
all parts and any successor forms)''.
(2) Section 433(c)(2) of the Social Security Act (42 U.S.C.
629c(c)(2)) is amended by striking ``benefits benefits'' each
place it appears and inserting ``benefits''.
(3) Effective as if included in the enactment of the Safe
and Timely Interstate Placement of Foster Children Act of 2006,
section 8(b) of such Act (120 Stat. 513) is amended by striking
``438(b) of such Act (42 U.S.C. 638(b))'' inserting ``438(b)(1)
of such Act (42 U.S.C. 629h(b)(1))''.
SEC. 4. DATA STANDARDIZATION FOR IMPROVED DATA MATCHING.
(a) In General.--Part B of title IV of the Social Security Act (42
U.S.C. 621-629i) is amended by adding at the end the following:
``Subpart 3--Common Provisions
``SEC. 440. DATA STANDARDIZATION FOR IMPROVED DATA MATCHING.
``(a) Standard Data Elements.--
``(1) Designation.--The Secretary, in consultation with an
interagency work group established by the Office of Management
and Budget, and considering State perspectives, shall, by rule,
designate standard data elements for any category of
information required to be reported under this part.
``(2) Data elements must be nonproprietary and
interoperable.--The standard data elements designated under
paragraph (1) shall, to the extent practicable, be
nonproprietary and interoperable.
``(3) Other requirements.--In designating standard data
elements under this subsection, the Secretary shall, to the
extent practicable, incorporate--
``(A) interoperable standards developed and
maintained by an international voluntary consensus
standards body, as defined by the Office of Management
and Budget, such as the International Organization for
Standardization;
``(B) interoperable standards developed and
maintained by intergovernmental partnerships, such as
the National Information Exchange Model; and
``(C) interoperable standards developed and
maintained by Federal entities with authority over
contracting and financial assistance, such as the
Federal Acquisition Regulations Council.
``(b) Data Standards for Reporting.--
``(1) Designation.--The Secretary, in consultation with an
interagency work group established by the Office of Management
and Budget, and considering State government perspectives,
shall, by rule, designate data reporting standards to govern
the reporting required under this part.
``(2) Requirements.--The data reporting standards required
by paragraph (1) shall, to the extent practicable--
``(A) incorporate a widely accepted, non-
proprietary, searchable, computer-readable format;
``(B) be consistent with and implement applicable
accounting principles; and
``(C) be capable of being continually upgraded as
necessary.
``(3) Incorporation of nonproprietary standards.--In
designating reporting standards under this subsection, the
Secretary shall, to the extent practicable, incorporate
existing nonproprietary standards, such as the eXtensible
Business Reporting Language.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2012, and shall apply with respect to
information required to be reported on or after such date.
SEC. 5. PROVISIONS RELATING TO FOSTER CARE OR ADOPTION.
(a) Educational Stability for Each Foster Placement.--Section
475(1)(G) of the Social Security Act (42 U.S.C. 675(1)(G)) is amended--
(1) in clause (i), by striking ``the placement'' and
inserting ``each placement''; and
(2) in clause (ii)(I), by inserting ``each'' before
``placement''.
(b) Study on Recruitment of and Support for Foster Parents,
Adoptive Parents, and Kin Guardians.--
(1) In general.--The Secretary of Health and Human Services
shall, in accordance with paragraph (2), conduct a study on the
recruitment of and support for families caring for children
served by any program funded under part E of title IV of the
Social Security Act (42 U.S.C. 670 et seq.), including foster
parents, adoptive parents, and kin guardians.
(2) Contents of study.--The study shall include--
(A) a survey of foster parents, who care for
children served by any foster care program funded under
part E of title IV of the Social Security Act;
(B) an evaluation of the role of respite care
training and services;
(C) the identification of the capacity of respite
care service providers in each State;
(D) the identification of any barriers that limit
the ability of States to successfully recruit and
retain foster families in the foster care system;
(E) the identification of any barriers that limit
the ability of States to successfully recruit and
support adoptive parents and relative caregivers; and
(F) any other matters that the Secretary of Health
and Human Services deems appropriate for this study.
(3) Report.--Within 3 years after the date of the enactment
of this Act, the Secretary of Health and Human Services shall
submit to Congress a report containing the findings of the
study required by paragraph (1), and such recommendations with
respect to the matters studied as the Secretary deems
appropriate.
(c) Description of Adoption Spending.--Section 473(a)(8) of the
Social Security Act (42 U.S.C. 673(a)(8)) is amended by inserting ``,
and shall document how such amounts are spent, including on post-
adoption services'' before the period.
SEC. 6. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided in this Act, this Act
and the amendments made by this Act shall take effect on October 1,
2011, and shall apply to payments under parts B and E of title IV of
the Social Security Act for calendar quarters beginning on or after
such date, without regard to whether regulations to implement the
amendments are promulgated by such date.
(b) Delay Permitted if State Legislation Required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is required in
order for a State plan developed pursuant to subpart 1 of part B, or a
State plan approved under subpart 2 of part B or part E, of title IV of
the Social Security Act to meet the additional requirements imposed by
the amendments made by this Act, the plan shall not be regarded as
failing to meet any of the additional requirements before the 1st day
of the 1st calendar quarter beginning after the first regular session
of the State legislature that begins after the date of the enactment of
this Act. If the State has a 2-year legislative session, each year of
the session is deemed to be a separate regular session of the State
legislature. | Child and Family Services Extension and Enhancement Act - Amends title IV part B (Child and Family Services) of the Social Security Act (SSA) to revise and extend the Stephanie Tubbs Jones Child Welfare Services Program.
Requires each state plan for oversight and coordination of health care services for any child in a foster care placement to include an outline of: (1) the monitoring and treatment of emotional trauma associated with a child's maltreatment and removal from home, and (2) protocols for the appropriate use and monitoring of psychotropic medications.
Requires each state plan for child welfare services also to describe state activities to: (1) reduce the length of time children under age 5 are without a permanent family placement, and (2) address the developmental needs of such children who receive Program benefits or services.
Revises requirements for child visitations by caseworkers. Replaces the current requirement for certain action by the Secretary of Health and Human Services (HHS) with one that requires each state to take necessary steps to ensure that the total number of monthly caseworker visits to children in foster care under state responsibility during a fiscal year is at least 90% of the total number of such visits that would occur if each such child were so visited once every month while in such care.
Revises and extends through FY2016 the program to promote safe and stable families.
Requires the annual compilation of state reports to include the individual state reports and tables that synthesize state information into national totals for each element required to be included in the reports, including planned and actual spending by service category for the program. Requires the Secretary to publish the compilation on the HHS website in a location easily accessible by the public.
Revises requirements for grants to assist children affected by a parent's or caretaker's methamphetamine or other substance abuse to: (1) remove the specification of methamphetamine, and (2) apply the grant program generally to children affected by a parent's or caretaker's substance abuse.
Repeals the Secretary's authority to enter a cooperative agreement to conduct a service delivery demonstration project relating to the mentoring of children of prisoners.
Directs the Secretary, in order to improve data matching, to designate nonproprietary and interoperable standard data elements for any category of information required to be reported.
Amends SSA title IV part E (Foster Care and Adoption Assistance) to direct the Secretary to study the recruitment of and support for families caring for children served by any program funded under part E, including foster parents, adoptive parents, and kin guardians. | {"src": "billsum_train", "title": "To amend part B of title IV of the Social Security Act to extend the child and family services program through fiscal year 2016, and for other purposes."} | 4,359 | 558 | 0.534747 | 1.798349 | 0.637297 | 3.911885 | 7.739754 | 0.89959 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Responding to
Urgent needs of Survivors of the Holocaust Act'' or the ``RUSH Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Findings.
TITLE I--RESPONDING TO THE NEEDS OF HOLOCAUST SURVIVORS
Subtitle A--Definition, Grants, and Other Programs
Sec. 101. Definition.
Sec. 102. Organization.
Sec. 103. Area plans.
Sec. 104. State plans.
Sec. 105. Consumer contributions.
Sec. 106. Program authorized.
Sec. 107. Prevention of elder abuse, neglect, and exploitation.
Subtitle B--Activities for Health, Independence, and Longevity
Sec. 111. Innovation to improve transportation for older individuals
who are Holocaust survivors.
Subtitle C--Functions Within Administration for Community Living to
Assist Holocaust Survivors
Sec. 121. Designation of individual within the Administration.
Sec. 122. Annual report to congress.
TITLE II--NUTRITION SERVICES FOR ALL OLDER INDIVIDUALS
Sec. 201. Nutrition services.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to include ``older individuals who are Holocaust
survivors'' to the list of groups that receive preference for
services as defined in section 305(a)(2)(E) of the Older
Americans Act of 1965 (42 U.S.C. 3025(a)(2)(E));
(2) to designate within the Administration on Aging an
individual to have responsibility for older individuals who are
Holocaust survivors; and
(3) to create a grant program to increase and improve
transportation services for older individuals, with preference
to those older individuals who are Holocaust survivors.
SEC. 3. FINDINGS.
Congress finds the following:
(1) During the Holocaust, which took place between 1933 and
1945, an estimated 6,000,000 Jews, as well as millions from
other targeted groups, were murdered by the Nazis and their
collaborators.
(2) Approximately 127,000 Holocaust survivors remain in the
United States, and thousands pass away each year.
(3) Holocaust survivors are getting older and frailer, and
will be seeking additional support and assistance from social
service providers to enable them to age in place. Providers
face increased levels of demand from vulnerable individuals
without any additional revenue to cover needed services.
(4) All Holocaust survivors are at least 65 years old, with
approximately \3/4\ of them older than 75 and a majority in
their 80s and 90s.
(5) More than half of all Holocaust survivors who emigrated
to the United States from the former Soviet Union after 1965
fell beneath 200 percent of the Federal poverty threshold in
2010 and constitute an extremely vulnerable at-risk population
in the United States.
(6) Holocaust survivors continue to live with the mental
and physical scars of the unconscionable trauma caused by the
Holocaust.
(7) While institutionalized settings are beneficial for
some older people, long-term care facilities can have an
adverse effect on Holocaust survivors. For many Holocaust
survivors, institutionalized settings reintroduce sights,
sounds, smells, emotions, and routines which can induce panic,
anxiety, and re-traumatization as a result of experiences
resulting from the Holocaust.
(8) Approximately \2/3\ of Holocaust survivors live alone
and living alone is a risk factor for institutionalization.
(9) Low-income Holocaust survivors are more reliant on
social service programs than most other older Americans, with
proportionally more Holocaust survivors needing services such
as personal care, home-delivered and congregate meals,
transportation, counseling, and mental health support.
TITLE I--RESPONDING TO THE NEEDS OF HOLOCAUST SURVIVORS
Subtitle A--Definition, Grants, and Other Programs
SEC. 101. DEFINITION.
Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is
amended--
(1) in paragraph (24)--
(A) in subparagraph (B), by striking ``and'';
(B) in subparagraph (C)(ii), by striking the period
at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(D) status as a Holocaust survivor.'';
(2) by redesignating paragraphs (26) through (54) as
paragraphs (27) through (55); and
(3) by inserting after paragraph (25) the following:
``(26) The term `Holocaust survivor' means an individual
who--
``(A)(i) lived in a country between 1933 and 1945
under a Nazi regime, under Nazi occupation, or under
the control of Nazi collaborators; or
``(ii) fled from a country between 1933 and 1945
under a Nazi regime, under Nazi occupation, or under
the control of Nazi collaborators;
``(B) was persecuted between 1933 and 1945 on the
basis of race, religion, physical or mental disability,
sexual orientation, political affiliation, ethnicity,
or other basis; and
``(C) was a member of a group that was persecuted
by the Nazis.''.
SEC. 102. ORGANIZATION.
Section 305(a) of the Older Americans Act of 1965 (42 U.S.C.
3025(a)) is amended--
(1) in paragraph (1)(E), by inserting ``older individuals
who are Holocaust survivors,'' after ``proficiency,'' each
place it appears; and
(2) in paragraph (2)(E), by inserting ``older individuals
who are Holocaust survivors,'' after ``proficiency,''.
SEC. 103. AREA PLANS.
Section 306 of the Older Americans Act of 1965 (42 U.S.C. 3026) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``older
individuals who are Holocaust survivors,'' after
``proficiency,'' each place it appears;
(B) in paragraph (4)--
(i) in subparagraph (A)--
(I) in clause (i)(I)(bb), by
inserting ``older individuals who are
Holocaust survivors,'' after
``proficiency,''; and
(II) in clause (ii), by inserting
``older individuals who are Holocaust
survivors,'' after ``proficiency,''
each place it appears;
(ii) in subparagraph (B)(i)--
(I) in subclause (VI), by striking
``and'' at the end; and
(II) by inserting after subclause
(VII) the following:
``(VIII) older individuals who are
Holocaust survivors; and''; and
(iii) in subparagraph (B)(ii), by striking
``subclauses (I) through (VI)'' and inserting
``subclauses (I) through (VIII)''; and
(C) in paragraph (7)(B)(iii), by inserting ``, in
particular, older individuals who are Holocaust
survivors,'' after ``placement''; and
(2) in subsection (b)(2)(B), by inserting ``older
individuals who are Holocaust survivors,'' after ``areas,''.
SEC. 104. STATE PLANS.
Section 307(a) of the Older Americans Act of 1965 (42 U.S.C.
3027(a)) is amended--
(1) in paragraph (4), by inserting ``older individuals who
are Holocaust survivors,'' after ``proficiency,'';
(2) in paragraph (16)--
(A) in subparagraph (A)--
(i) in clause (v), by striking ``and'' at
the end; and
(ii) by adding at the end the following:
``(vii) older individuals who are Holocaust
survivors; and''; and
(B) in subparagraph (B), by striking ``clauses (i)
through (vi)'' and inserting ``clauses (i) through
(vii)''; and
(3) in paragraph (28)(B)(ii), by inserting ``older
individuals who are Holocaust survivors,'' after ``areas,''.
SEC. 105. CONSUMER CONTRIBUTIONS.
Section 315 of the Older Americans Act of 1965 (42 U.S.C. 3030c-2)
is amended--
(1) in subsection (c)(2), by inserting ``older individuals
who are Holocaust survivors,'' after ``proficiency,''; and
(2) in subsection (d), by inserting ``older individuals who
are Holocaust survivors,'' after ``proficiency,''.
SEC. 106. PROGRAM AUTHORIZED.
Section 373(c)(2)(A) of the Older Americans Act of 1965 (42 U.S.C.
3030s-1(c)(2)(A)) is amended by striking ``individuals)'' inserting
``individuals and older individuals who are Holocaust survivors)''.
SEC. 107. PREVENTION OF ELDER ABUSE, NEGLECT, AND EXPLOITATION.
Section 721(b)(12) of the Older Americans Act of 1965 (42 U.S.C.
3058i(b)(12)) is amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(D) older individuals who are Holocaust
survivors.''.
Subtitle B--Activities for Health, Independence, and Longevity
SEC. 111. INNOVATION TO IMPROVE TRANSPORTATION FOR OLDER INDIVIDUALS
WHO ARE HOLOCAUST SURVIVORS.
Part A of title IV of the Older Americans Act of 1965 (42 U.S.C.
3032 et seq.) is amended by adding at the end the following:
``SEC. 423. INNOVATION TO IMPROVE TRANSPORTATION FOR OLDER INDIVIDUALS
WHO ARE HOLOCAUST SURVIVORS.
``(a) In General.--The Assistant Secretary shall award grants or
contracts to nonprofit organizations to increase and improve
transportation services, including affordable non-emergency
transportation to medical appointments and shopping for food and other
essential items, to enable older individuals to remain in the
community, with preference toward those older individuals who are
Holocaust survivors. The Assistant Secretary shall make grants or enter
into such contracts for period of not less than 5 years.
``(b) Use of Funds.--
``(1) In general.--A nonprofit organization receiving a
grant or contract under subsection (a) shall use the funds
received through such grant or contract to carry out a
demonstration project, or to provide technical assistance to
assist local transit providers, area agencies on aging, senior
centers, and local senior support groups, to encourage and
facilitate coordination of Federal, State, and local
transportation services and resources for older individuals who
are Holocaust survivors. The organization may use the funds to
develop and carry out an innovative transportation
demonstration project to create transportation services for
older individuals.
``(2) Specific activities.--In carrying out a demonstration
project or providing technical assistance under paragraph (1)
the organization may carry out activities that include--
``(A) developing innovative approaches for
improving access by older individuals to transportation
services, including volunteer driver programs,
economically sustainable transportation programs, and
programs that allow older individuals to transfer their
automobiles to a provider of transportation services in
exchange for the services;
``(B) preparing information on transportation
options and resources for older individuals and
organizations serving such individuals, and
disseminating the information by establishing and
operating a toll-free telephone number;
``(C) developing models and best practices for
providing comprehensive integrated transportation
services for older individuals, including services
administered by the Secretary of Transportation, by
providing ongoing technical assistance to agencies
providing services under title III and by assisting in
coordination of public and community transportation
services; and
``(D) providing special services to link older
individuals to transportation services not provided
under title III.
``(c) Preference.--In awarding grants and entering into contracts
under subsection (a), the Assistant Secretary shall give preference to
organizations and institutions that have previous extensive experience
working with and conducting assessment of the needs of Holocaust
survivors who are older individuals.
``(d) Consultation.--In determining the type of programs and
activities used to improve and increase transportation assistance for
Holocaust survivors, the Assistant Secretary shall consult with the
individual designated under section 122 of the Responding to Urgent
needs of Survivors of the Holocaust Act and with national organizations
with special expertise in serving Holocaust survivors who are older
individuals.
``(e) Eligible Entities.--To be eligible to receive a grant or
enter into a contract under subsection (a), an entity shall have
previous extensive experience working with and conducting assessment of
the needs of older individuals.''.
Subtitle C--Functions Within Administration for Community Living to
Assist Holocaust Survivors
SEC. 121. DESIGNATION OF INDIVIDUAL WITHIN THE ADMINISTRATION.
The Administrator for Community Living is authorized to designate
within the Administration for Community Living a person who has
specialized training, background, or experience with Holocaust survivor
issues to have responsibility for implementing services for older
individuals who are Holocaust survivors.
SEC. 122. ANNUAL REPORT TO CONGRESS.
The Administrator for Community Living, with assistance from the
individual designated under section 121, shall prepare and submit to
Congress an annual report on the status and needs, including the
priority areas of concern, of older individuals (as defined in section
102 of the Older Americans Act of 1965 (42 U.S.C. 3002)) who are
Holocaust survivors.
TITLE II--NUTRITION SERVICES FOR ALL OLDER INDIVIDUALS
SEC. 201. NUTRITION SERVICES.
(a) In General.--Section 339(2) of the Older Americans Act of 1065
(42 U.S.C. 3030g-21(2)) is amended--
(1) in subparagraph (A), by amending clause (iii) to read
as follows:
``(iii) to the maximum extent practicable,
are adjusted and appropriately funded to meet
any special health-related or other dietary
needs of program participants, including needs
based on religious, cultural, or ethnic
requirements,'';
(2) in subparagraph (J), by striking ``, and'' and
inserting a comma;
(3) in subparagraph (K), by striking the period and
inserting ``, and''; and
(4) by adding at the end the following:
``(L) encourages individuals who distribute
nutrition services under subpart 2 to engage in
conversation with homebound older individuals and to be
aware of the warning signs of medical emergencies,
injury or abuse in order to reduce isolation and
promote wellbeing.''.
(b) Study of Nutrition Projects.--Section 317(a)(2) of the Older
Americans Act Amendments of 2006 (Public Law 106-365) is amended--
(1) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) an analysis of service providers' abilities
to obtain viable contracts for special foods necessary
to meet a religious requirement, required dietary need,
or ethnic consideration.''. | Responding to Urgent Needs of Survivors of the Holocaust Act or RUSH Act - Amends the Older Americans Act of 1965 to: (1) include specifically within its purview older Americans who are Holocaust survivors; (2) direct the Assistant Secretary for Aging of the Department of Health and Human Services (HHS) to award grants or contracts to nonprofit organizations to increase and improve transportation services to enable older individuals to remain in the community, with preference for Holocaust survivors; (3) authorize the Administrator for Community Living to designate, within the HHS Administration for Community Living, a person with specialized training, background, or experience with issues of Holocaust survivors to implement services for them; (3) require state nutrition projects to ensure that project meals meet the dietary needs of program participants based on religious, cultural, or ethnic requirements; and (4) require a state nutrition project to encourage individuals who distribute nutrition services to engage in conversation with homebound older individuals and to be aware of the warning signs of medical emergencies, injury, or abuse in order to reduce isolation and promote wellbeing.
Amends the Older Americans Act Amendments of 2006 to require the study of nutrition projects to analyze the abilities of service providers to obtain viable contracts for special foods necessary to meet a religious requirement, required dietary need, or ethnic consideration. | {"src": "billsum_train", "title": "A bill to amend the Older Americans Act of 1965 to provide social services agencies with the resources to provide services to meet the unique needs of the Holocaust survivors to age in place with dignity, comfort, security, and quality of life."} | 3,591 | 271 | 0.581935 | 1.777645 | 0.843157 | 4.202381 | 12.484127 | 0.924603 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transit Rail Access Improvement and
Needs Act for the 21st Century''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) modern and efficient fixed guideway transportation is
important to the viability and well being of metropolitan areas
and to the energy conservation and self-sufficiency goals of
the United States;
(2) public convenience and necessity require the
development of fixed guideway transportation systems in
metropolitan areas presently without such service, and the
expansion of existing systems in metropolitan areas already
receiving such service;
(3) use of existing railroad trackage and rights-of-way in
and around metropolitan areas provides a unique and valuable
opportunity for the development and expansion of fixed guideway
transportation facilities with a minimum of disruption to the
environment and the surrounding community; and
(4) voluntary negotiations between mass transportation
authorities and rail carriers regarding shared use of existing
railroad trackage and rights-of-way have not been adequate to
ensure the development of sound and efficient fixed guideway
transportation systems.
SEC. 3. RAIL TRANSIT ACCESS.
(a) Amendment.--Part E of subtitle V of title 49, United States
Code, is amended by adding at the end the following new chapter:
``CHAPTER 285--RAIL TRANSIT ACCESS
``Sec.
``28501. Definitions.
``28502. Shared use of rail carrier trackage by mass transportation
authorities.
``28503. Shared use of rail rights-of-way by mass transportation
authorities.
``28504. Applicability of other laws.
``28505. Standards for Board action.
``Sec. 28501. Definitions
``In this chapter--
``(1) `Board' means the Surface Transportation Board;
``(2) `fixed guideway transportation' means mass
transportation (as defined in section 5302(a)(7)) provided on,
by, or using a fixed guideway (as defined in section
5302(a)(4));
``(3) `mass transportation authority' means a local
governmental authority (as defined in section 5302(a)(6))
established to provide, or make a contract providing for, fixed
guideway transportation;
``(4) `rail carrier' means a person providing common
carrier railroad transportation for compensation subject to the
jurisdiction of the Board under chapter 105;
``(5) `segregated fixed guideway facility' means a fixed
guideway facility constructed within the railroad right-of-way
of a rail carrier but physically separate from trackage,
including relocated trackage, within the right-of-way used by a
rail carrier for freight transportation purposes; and
``(6) `trackage' means a railroad line of a rail carrier,
including a spur, industrial, team, switching, side, yard, or
station track, and a facility of a rail carrier.
``Sec. 28502. Shared use of rail carrier trackage by mass
transportation authorities
``(a) Authority.--If, after negotiation, a mass transportation
authority cannot reach agreement with a rail carrier to use trackage
of, and have related services provided by, the rail carrier for
purposes of fixed guideway transportation, the Board shall, upon
application of the mass transportation authority or the rail carrier,
and if the Board finds it necessary or useful to carry out this
chapter--
``(1) order that the trackage be made available and the
related services be provided to the mass transportation
authority; and
``(2) prescribe reasonable terms and compensation for use
of the trackage and provision of the related services, based
upon the rail carrier's incremental cost of providing such
trackage and services.
``(b) Quality of Service.--When prescribing reasonable compensation
under subsection (a)(2), the Board shall consider quality of service as
a major factor when determining whether, and the extent to which, the
amount of compensation shall be greater than the incremental costs of
using the trackage and providing the related services.
``(c) Terms of Operation.--When prescribing reasonable terms under
subsection (a)(2), the Board may prescribe the number of trains that
may be operated by or for the mass transportation authority, the speeds
at which such trains may be operated, and the trackage maintenance
levels to be provided by the rail carrier.
``(d) Additional Trains.--When a rail carrier and a mass
transportation authority cannot agree to terms for the operation of
additional trains by or for a mass transportation authority over a rail
line of the carrier, the mass transportation authority or the rail
carrier may apply to the Board for an order establishing such terms. If
the Board finds it reasonable to carry out this chapter, the Board
shall order the rail carrier to allow operation of the requested
additional trains on such terms as the Board finds reasonable under the
circumstances.
``(e) Trackage Maintenance.--If a mass transportation authority
believes that maintenance on trackage operated by or for the mass
transportation authority has fallen below a safe or necessary level,
the mass transportation authority may, after notice to the rail carrier
and a sufficient period for maintenance improvements, apply to the
Board for an order requiring the rail carrier to provide increased or
improved maintenance on the trackage. If the Board finds it reasonable
to carry out this part, the Board shall order the rail carrier to
provide such increased or improved maintenance as the Board finds
reasonable under the circumstances. The remedy available under this
subsection shall be in addition to any contract rights that a mass
transportation authority may possess with respect to trackage
maintenance.
``(f) Accelerated Speeds.--If a rail carrier refuses to allow
accelerated speeds for trains operated by or for a mass transportation
authority, the mass transportation authority may apply to the Board for
an order requiring the rail carrier to allow the accelerated speeds and
related improvements. The Board shall decide whether accelerated speeds
are unsafe or impracticable and which improvements would be required to
make accelerated speeds safe and practicable. The Board shall establish
the maximum allowable speeds for trains operated by or for a mass
transportation authority on terms the Board decides are reasonable.
``(g) Preference Over Freight Transportation.--Except in an
emergency, fixed guideway transportation provided by or for a mass
transportation authority pursuant to an order issued under subsection
(a) has preference over freight transportation in using a rail line,
junction, or crossing unless the Board orders otherwise under this
chapter. A rail carrier affected by this subsection may apply to the
Board for relief. If the Board decides that preference for fixed
guideway transportation materially will lessen the quality of freight
transportation provided to shippers, the Board shall establish the
rights of the rail carrier and the mass transportation authority on
reasonable terms.
``(h) Final Determination.--The Board shall make a determination
under this section not later than 120 days after a mass transportation
authority or a rail carrier submits an application to the Board.
``Sec. 28503. Shared use of rail rights-of-way by mass transportation
authorities
``(a) General Authority.--If, after negotiation, a mass
transportation authority cannot reach agreement with a rail carrier to
acquire an interest in a railroad right-of-way for the construction and
operation of a segregated fixed guideway facility, the mass
transportation authority may apply to the Board for an order requiring
the rail carrier to convey an interest to the authority. The Board, not
later than 120 days after receiving the application, shall order the
interest conveyed if--
``(1) conveyance will not impair significantly the
efficient handling of rail freight traffic;
``(2) the mass transportation authority assumes all
reasonable costs associated with any necessary relocation of a
rail carrier's trackage within the right-of-way; and
``(3) the fixed guideway transportation purpose of the
proposed segregated fixed guideway facility cannot be met
adequately by acquiring an interest in other property.
``(b) Compensation and Terms.--A conveyance ordered by the Board
under this section shall be subject to the payment of just compensation
and to such other reasonable terms as the Board may prescribe.
``Sec. 28504. Applicability of other laws
``(a) Board Review or Approval.--Operations or conveyances
undertaken pursuant to an order issued under section 28502 or 28503 are
not subject to Board review or approval under subtitle IV of this
title.
``(b) Contractual Obligations for Claims.--Nothing in this chapter
shall be construed to limit a rail transportation provider's right
under section 28103(b) to enter into contracts that allocate financial
responsibility for claims.
``Sec. 28505. Standards for Board action
``In proceedings under sections 28502 and 28503 the Board shall
utilize, to the extent relevant and feasible, the principles,
standards, and precedents utilized in proceedings under sections 24308
and 24311(c) involving the National Railroad Passenger Corporation.''.
(b) Conforming Amendments.--
(1) Limitations on rail passenger transportation
liability.--Section 28103(a) of title 49, United States Code,
is amended by inserting ``or other fixed guideway
transportation'' after ``commuter''.
(2) Table of chapters.--The table of chapters of subtitle V
of title 49, United States Code, is amended by adding after the
item relating to chapter 283 the following new item:
``285. RAIL TRANSIT ACCESS......................... 28501''. | Authorizes the mass transportation authority or the rail carrier to apply to the Board for an order establishing reasonable terms for the operation of additional trains by or for the authority over a rail line of the carrier, when the carrier and the authority cannot agree to terms.
Authorizes a mass transportation authority, after notice to the rail carrier and a sufficient period for maintenance improvements, to apply to the Board for an order requiring the carrier to provide increased or improved maintenance on the trackage if the authority believes that maintenance on trackage operated by or for the authority has fallen below a safe or necessary level.
Authorizes a mass transportation authority to apply to the Board for an order requiring the rail carrier to allow accelerated speeds and related improvements if the rail carrier refuses to allow them.
Declares that, except in an emergency, fixed guideway transportation provided by or for a mass transportation authority pursuant to an order issued under this Act has preference over freight transportation in using a rail line, junction, or crossing, unless the Board orders otherwise.
Declares that if, after negotiation, a mass transportation authority cannot reach agreement with a rail carrier to acquire an interest in a railroad right-of-way for the construction and operation of a segregated fixed guideway facility, the authority may apply to the Board for an order requiring the carrier to convey an interest to the authority. | {"src": "billsum_train", "title": "Transit Rail Access Improvement and Needs Act for the 21st Century"} | 2,071 | 297 | 0.590386 | 1.665442 | 0.708834 | 6.92803 | 7.306818 | 0.973485 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sunlight Act of 2012''.
SEC. 2. DOLLAR AMOUNTS REQUIRED FOR ANNUAL FINANCIAL DISCLOSURE
STATEMENTS.
(a) Financial Disclosures.--Section 102(d) of the Ethics in
Government Act of 1978 is amended by adding at the end the following
new paragraph:
``(3) Notwithstanding any other provision of this Act, in the case
of reports of Members of Congress and officers and employees of
Congress filed pursuant to sections 101(d) and (e), references to the
categories for reporting the amount or value of the items covered in
paragraphs (3), (4), (5), and (8) of subsection (a) shall be deemed to
be exact dollar amounts.''.
(b) Availability of Reports on the Internet.--Section 103 of the
Ethics in Government Act of 1978 is amended by adding at the end the
following new subsection:
``(l) A copy of each report filed under this title with the Clerk
of the House of Representatives or the Secretary of the Senate shall be
made available as soon as practicable to the general public on the
Internet in a format that is searchable and sortable.''.
(c) Effective Date.--The amendment made by subsection (a) shall
apply to reports filed for calendar years beginning after the date of
enactment of this Act.
SEC. 3. PUBLIC DISPLAY OF THE SUBJECT MATTER OF DEBATES.
Clause 2 of rule II of the Rules of the House of Representatives is
amended by adding at the end the following new paragraph:
``(l) During general debate on any measure, the Clerk shall project
on a wall of the Hall of the House the subject matter of that debate so
that it is visible to Members and to visitors in the gallery.''.
SEC. 4. AVAILABILITY OF BILLS, CONFERENCE REPORTS, AND AMENDMENTS ON
THE INTERNET BEFORE VOTING.
Clause 11 of rule XXI of the Rules of the House of Representatives
is amended to read as follows:
``11. It shall not be in order to consider any bill or joint
resolution, or conference report thereon, or amendment thereto,
unless--
``(1) in the case of a bill, joint resolution, or
conference report, such measure is made available to Members
and the general public on the Internet for at least 48 hours
before its consideration; or
``(2)(A) in the case of an amendment made in order by a
rule, it is made available to Members and the general public on
the Internet within one hour after the rule is filed; or
``(B) in the case of an amendment under an open rule, it is
made available to Members and the general public on the
Internet immediately after being offered;
in a format that is searchable and sortable.''.
SEC. 5. PROMOTING EXPEDITED AVAILABILITY OF FEC REPORTS.
(a) Mandatory Electronic Filing for All Reports.--
(1) In general.--Section 304(a)(11) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 434(a)(11)) is amended--
(A) in subparagraph (A), by striking ``a person
required to file--'' and all that follows and inserting
the following: ``each person required to file a report
under this Act shall be required to maintain and file
such report in electronic form accessible by
computers.'';
(B) in subparagraph (C), by striking
``designations, statements, and reports'' and inserting
``documents''; and
(C) in subparagraph (D), by striking ``means, with
respect to'' and all that follows and inserting the
following: ``means any report, designation, statement,
or notification required by this Act to be filed with
the Commission or the Secretary of the Senate.''.
(2) Placement of all reports on internet.--Section
304(a)(11)(B) of such Act (2 U.S.C. 434(a)(11)(B)) is amended--
(A) by striking ``a designation, statement, report,
or notification'' and inserting ``each report''; and
(B) by striking ``the designation, statement,
report, or notification'' and inserting ``the report''.
(3) Searchable and sortable manner of information.--Section
304(a)(11)(B) of such Act (2 U.S.C. 434(a)(11)(B)) is amended
by inserting ``in a format that is searchable and sortable''
after ``Internet''.
(4) Software for filing of all reports.--Section 304(a)(12)
of such Act (2 U.S.C. 434a(a)(12)) is amended--
(A) in subparagraph (A)(ii), by striking ``each
person required to file a designation, statement, or
report in electronic form'' and inserting ``each person
required to file a report (as defined in paragraph
(11)(D))''; and
(B) in subparagraph (B), by striking ``any
designation, statement, or report'' and inserting ``any
report (as defined in paragraph (11)(D))''.
(b) Requiring Reports for All Contributions Made to Any Political
Committee Within 30 Days of Election; Requiring Reports To Be Made
Within 24 Hours.--Section 304(a)(6)(A) of such Act (2 U.S.C.
434(a)(6)(A)) is amended to read as follows:
``(A) Each political committee shall notify the Secretary or the
Commission, and the Secretary of State, as appropriate, in writing, of
any contribution received by the committee during the period which
begins on the 30th day before an election and ends at the time the
polls close for such election. This notification shall be made within
24 hours (or, if earlier, by midnight of the day on which the
contribution is deposited) after the receipt of such contribution and
shall include the name of the candidate involved (as appropriate) and
the office sought by the candidate, the identification of the
contributor, and the date of receipt and amount of the contribution.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to reports for periods beginning on or after January
1, 2013. | Sunlight Act of 2012 - Amends the Ethics in Government Act of 1978 to require annual financial disclosure statements of Members of Congress and congressional officers and employees to include the exact dollar amount.
Requires such reports filed with the Clerk of the House or the Secretary of the Senate (as well as travel-related information) to be made available to the general public on the Internet.
Amends Rule II (Other Officers and Officials) of the Rules of the House of Representatives to require, during general debate on any measure, the Clerk to project on a wall of the Hall of the House the subject matter of that debate so that it is visible to Members and to visitors in the gallery.
Amends Rule XXI (Restrictions on Certain Bills) to make it out of order to consider: (1) any bill, joint resolution, or conference report unless it is made available to Members and the general public on the Internet for at least 48 hours before its consideration; or (2) any amendment unless it is made available on the Internet within one hour after it is filed (if made in order by a rule) or immediately (if offered under an open rule).
Amends the Federal Election Campaign Act of 1971 to require all mandatory reports to be filed in an electronic form accessible by computers.
Revises requirements for mandatory reports on contributions made to any political committee shortly before an election. Extends from 20 days before to 30 days before the election the beginning of the look-back period for such contributions, and from 48 hours before the election to the closing of the polls the end of the look-back period. Applies the requirements to any contribution (currently, only those of $1,000 or more). Requires such reports to be made within 24 hours after receipt or, if earlier, by midnight of the day on which the contribution is deposited (currently, within 48 hours after receipt). | {"src": "billsum_train", "title": "To amend the Ethics in Government Act of 1978 and the Rules of the House of Representatives to strengthen financial disclosures by Members, officers, and employees of Congress, and for other purposes."} | 1,486 | 403 | 0.668853 | 2.181818 | 0.744943 | 4.123656 | 3.387097 | 0.876344 |
SECTION 1. PAYMENT OF COSTS ASSOCIATED WITH REMOVAL OF COMMODITIES THAT
POSE A HEALTH OR SAFETY RISK.
Section 15(e) of the Commodity Distribution Reform Act and WIC
Amendments of 1987 (7 U.S.C. 612c note; Public Law 100-237) is amended
by striking ``2000'' and inserting ``2003''.
SEC. 2. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND
CHILDREN.
(a) Cost-of-Living Allowances for Members of Uniformed Services.--
Section 17(d)(2)(B)(ii) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(d)(2)(B)(ii)) is amended by striking ``continental'' and inserting
``contiguous States of the''.
(b) Demonstration Project.--Effective October 1, 2000, section
17(r)(1) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(r)(1)) is
amended by striking ``at least 20 local agencies'' and inserting ``not
more than 20 local agencies''.
SEC. 3. CHILD AND ADULT CARE FOOD PROGRAM.
(a) Technical Amendments.--Section 17 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1766) is amended--
(1) by striking the section heading and all that follows
through ``Sec. 17.'' and inserting the following:
``SEC. 17. CHILD AND ADULT CARE FOOD PROGRAM.'';
and
(2) in subsection (a)(6)(C)(ii), by striking ``and'' at the
end.
(b) Exceptions to Hearing Requirements.--Section 17(d)(5)(D) of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1766(d)(5)(D))
is amended--
(1) by striking ``(D) Hearing.--An institution'' and
inserting the following:
``(D) Hearing.--
``(i) In general.--Except as provided in
clause (ii), an institution''; and
(2) by adding at the end the following:
``(ii) Exception for false or fraudulent
claims.--
``(I) In general.--If a State
agency determines that an institution
has knowingly submitted a false or
fraudulent claim for reimbursement, the
State agency may suspend the
participation of the institution in the
program in accordance with this clause.
``(II) Requirement for review.--
Prior to any determination to suspend
participation of an institution under
subclause (I), the State agency shall
provide for an independent review of
the proposed suspension in accordance
with subclause (III).
``(III) Review procedure.--The
review shall--
``(aa) be conducted by an
independent and impartial
official other than, and not
accountable to, any person
involved in the determination
to suspend the institution;
``(bb) provide the State
agency and the institution the
right to submit written
documentation relating to the
suspension, including State
agency documentation of the
alleged false or fraudulent
claim for reimbursement and the
response of the institution to
the documentation;
``(cc) require the
reviewing official to
determine, based on the review,
whether the State agency has
established, based on a
preponderance of the evidence,
that the institution has
knowingly submitted a false or
fraudulent claim for
reimbursement;
``(dd) require the
suspension to be in effect for
not more than 120 calendar days
after the institution has
received notification of a
determination of suspension in
accordance with this clause;
and
``(ee) require the State
agency during the suspension to
ensure that payments continue
to be made to sponsored centers
and family and group day care
homes meeting the requirements
of the program.
``(IV) Hearing.--A State agency
shall provide an institution that has
been suspended from participation in
the program under this clause an
opportunity for a fair hearing on the
suspension conducted in accordance with
subsection (e)(1).''.
(c) Statewide Demonstration Projects Involving Private For-Profit
Organizations Providing Nonresidential Day Care Services.--Section
17(p)(3)(C) of the Richard B. Russell National School Lunch Act (42
U.S.C. 1766(p)(3)(C)) is amended--
(1) in clause (iii), by striking ``all families'' and
inserting ``all low-income families''; and
(2) in clause (iv), by striking ``made'' and inserting
``reported for fiscal year 1998''. | Amends the Child Nutrition Act of 1996 respecting the special supplemental nutrition program for women, infants, and children (WIC) to: (1) authorize the exclusion of cost-of-living allowances for members of the uniformed services on duty outside the contiguous States (currently continental) of the United States; and (2) limit to 20 the number of demonstration projects relating to the use of the WIC program for identification and enrollment of children in certain health programs.
Amends the Richard B. Russell National School Lunch Act to authorize, and set forth the conditions under which, a State agency may suspend without prior hearing a participating institution for false or fraudulent claims under the child and adult care food program. | {"src": "billsum_train", "title": "A bill to reauthorize the authority for the Secretary of Agriculture to pay costs associated with removal of commodities that pose a health or safety risk and to make adjustments to certain child nutrition programs."} | 1,093 | 152 | 0.511568 | 1.384383 | 0.613114 | 3.205882 | 6.580882 | 0.808824 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical Device Regulatory
Improvement Act''.
SEC. 2. CLARIFICATION OF LEAST BURDENSOME.
(a) Premarket Approval.--Section 513(a)(3)(D) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 360c(a)(3)(D)) is amended--
(1) by redesignating clause (iii) as clause (iv); and
(2) by inserting after clause (ii) the following:
``(iii) In carrying out clause (ii), the Secretary--
``(I) shall not request information unrelated or irrelevant
to a demonstration of reasonable assurance of device safety and
effectiveness;
``(II) shall consider alternative approaches to evaluating
device safety and effectiveness in order to reduce the time,
effort, and cost of reaching proper resolution of the issue;
``(III) shall use all reasonable mechanisms to lessen
review times and render regulatory decisions;
``(IV) shall determine whether pre-clinical data, such as
well-designed bench and animal testing, can meet the statutory
threshold for approval; and
``(V) if clinical data are needed, shall utilize, whenever
practicable, alternatives to randomized, controlled clinical
trials, such as the use of surrogate endpoints.''.
(b) Substantial Equivalence Determination.--Section 513(i)(1)(D) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c(i)(1)(D)) is
amended--
(1) by striking ``(D) Whenever'' and inserting ``(D)(i)
Whenever''; and
(2) by adding at the end the following:
``(ii) In carrying out clause (i), the Secretary--
``(I) shall focus on whether the device has the same
intended use as the predicate device and is as safe and
effective as a legally marketed device;
``(II) shall not request or accept information unrelated or
irrelevant to the substantial equivalence evaluation;
``(III) shall review the labeling of the device to assess
the intended use of the device, and shall not evaluate issues
that do not present a major impact on the intended use as set
forth in the labeling;
``(IV) shall consider alternative approaches to evaluating
substantial equivalence in order to reduce the time, effort,
and cost of reaching proper resolution of the issue; and
``(V) shall use all reasonable mechanisms to lessen review
times and render regulatory decisions.''.
SEC. 3. CONFLICTS OF INTEREST.
Section 712 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
379d-1) is amended to read as follows:
``SEC. 712. CONFLICTS OF INTEREST.
``Except as otherwise provided in this Act, each advisory committee
under the Federal Advisory Committee Act that provides advice or
recommendations to the Secretary regarding activities of the Food and
Drug Administration is subject to the provisions in such Act and the
members of each such committee are subject to the provisions regarding
Federal employees and special Government employees, as applicable, in
title I of the Ethics in Government Act of 1978 and section 208 of
title 18, United States Code.''.
SEC. 4. MANAGEMENT AND INNOVATION REVIEW.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary of Health and Human Services (referred to in
this section as the ``Secretary'') shall enter into a contract with an
eligible entity to carry out the activities described in subsection
(c).
(b) Eligible Entity.--To be eligible to enter into a contract with
the Secretary under subsection (a), an entity shall--
(1) be an entity with experience in evaluating the
management and operating structure of large organizations; and
(2) submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
may require.
(c) Activities.--The entity with which the Secretary enters into
the contract under subsection (a) shall, pursuant to such contract,
conduct an extensive review of the management and regulatory processes
at the Center for Devices and Radiological Health of the Food and Drug
Administration to ensure any actions carried out by such Center take
into consideration the potential impacts on innovation with respect to
medical devices and other products regulated by such Center.
(d) Report.--Not later than 1 year after the date that the
Secretary enters into the contract with the eligible entity under
subsection (a), such entity shall submit to Congress and the Secretary
a report that describes the findings and recommendations of such entity
based on the review conducted under subsection (c).
(e) Funding.--To carry out this section, the Secretary shall use
funds otherwise available for the operation of the Office of the
Secretary. | Medical Device Regulatory Improvement Act - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services (HHS), in determining the least burdensome appropriate means of evaluating device effectiveness, to: (1) not request information unrelated or irrelevant to demonstration of reasonable assurance of device safety and effectiveness; (2) consider alternative approaches to evaluating device safety and effectiveness; (3) use all reasonable mechanisms to lessen review times and render regulatory decisions; (4) determine whether pre-clinical data can meet the statutory threshold for approval; and (5) utilize, whenever practicable, alternatives to randomized, controlled clinical trials if clinical data are needed.
Requires the Secretary, in determining the least burdensome means of determining substantial equivalence, to: (1) focus on whether the device has the same intended use as the predicate device and is as safe and effective as a legally marketed device, (2) not request or accept information unrelated or irrelevant to the substantial equivalence evaluation, (3) review the labeling of the device to assess the intended use of the device and not evaluate issues that do not present a major impact on the intended use as set forth in the labeling, (4) consider alternative approaches to evaluating substantial equivalence, and (5) use all reasonable mechanisms to lessen review times and render regulatory decisions.
Repeals conflict-of-interest provisions that are specific to the Food and Drug Administration (FDA) and provides for the continued applicability of conflict-of-interest provisions otherwise applicable to advisory committees, federal employees, and special government employees.
Requires the Secretary to contract with an eligible entity for a review of the management and regulatory processes at the Center for Devices and Radiological Health. | {"src": "billsum_train", "title": "A bill to amend the Federal Food, Drug, and Cosmetic Act with respect to device review determinations and conflicts of interest, and for other purposes."} | 1,098 | 374 | 0.678235 | 2.049317 | 0.906189 | 4.691395 | 2.928783 | 0.940653 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Judicial Mandate and Remedy
Clarification Act of 1996.''
SEC. 2. FINDINGS.
The Congress finds that--
(1) a variety of effective and appropriate judicial
remedies are available for the full redress of legal and
constitutional violations under existing law, and the
imposition, increase, levying or assessment of taxes by courts
is neither necessary nor appropriate for the full and effective
exercise of remedies imposed pursuant to Federal courts
jurisdiction;
(2) the imposition, increase, levying, or assessment of
taxes by judicial order is not an appropriate exercise of the
judicial power under the Constitution, and is incompatible with
the traditional principles of American law and government and
the basic American principle that taxation without
representation is tyranny because Federal courts are unelected
officials, not answerable to the popular will;
(3) Federal courts exceed the proper boundaries of their
limited jurisdiction and authority under the Constitution, and
impermissibly intrude on the legislative function in a
democratic system of government, when they issue orders
requiring or resulting in the imposition, increase, levying, or
assessment of new taxes or existing taxes;
(4) no court should enter an order, not should there be any
settlement, remedying a legal or constitutional violation, by
imposing, creating, increasing, levying, or assessing any tax
for the enforcement thereof, nor can the court enter an order,
nor can there be any settlement, which has the effect of
imposing, creating, increasing, levying, or assessing any tax;
(5) settlement agreements or orders entered by Federal
courts should be fashioned within the framework of current
budgetary restraints of any State or political subdivisions
thereof;
(6) the Congress retains the authority under article III,
sections 1 and 2, or the Constitution to limit and regulate the
jurisdiction of the inferior Federal courts, and such authority
includes the power to limit the remedial authority of such
courts;
(7) nothing contained herein shall otherwise validate,
approve, legalize, or encourage the imposition of a tax, levy,
or assessment by a Federal judge;
(8) notwithstanding these findings, the Congress
acknowledges that in certain circumstances, the Federal courts
have abrogated constitutional authority with regard to
judicially mandating a tax, levy or assessment to ascertain a
remedy, but that should the Federal courts continue on in such
a manner, the following rules shall be met prior to entering
any order or settlement remedying a Federal or State common
law, statutory or constitutional violation by imposing,
creating, increasing, levying or assessing any tax for the
enforcement thereof; nor shall there by any settlement or order
which has the effect of imposing, creating, increasing, levying
or assessing any tax:
SEC. 3. LIMITATION ON FEDERAL COURT REMEDIES.
Section 1343 of title 28, United States Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection:
``(b)(1) Notwithstanding any other law, there shall be no
settlement nor shall the district courts order any State, or political
subdivision of a State, to impose, increase, levy, or assess any tax;
nor shall there be any settlement or order which has the effect of
imposing, creating, increasing, levying or assessing any tax, for the
purpose of enforcing any Federal or State common law, statutory, or
constitutional right or law unless the court finds by clear and
convincing evidence, that--
``(A) there are no other means available to remedy the
deprivation of rights or laws, and the proposed imposition,
increase, levying, or assessment is narrowly tailored to remedy
the specific deprivation at issue;
``(B) the tax will not contribute to or exacerbate the
deprivation intended to be remedied;
``(C) the proposed tax will not result in a loss of revenue
for the political subdivision in which it is assessed, levied,
or collected;
``(D) the proposed tax will not result in the loss or
depreciation of property values of the taxpayer so affected;
``(E) the proposed tax will not conflict with the
applicable laws with respect to the maximum rate of taxation as
determined by the appropriate political subdivisions, and will
not exceed the lower of either--
``(i) the proposed taxation rate; or
``(ii) the total of aggregate taxes that may be
imposed--including taxes of other State and local units
of governmental bodies and for the purposes of
implementing such order may not exceed the Cost of
Living as measured by Section 215(i) of the Social
Security Act, plus five percent per annum; and,
``(F) plans submitted by State and local authorities will
not effectively redress the deprivations at issue.
``(2) A finding under paragraph (1) shall be subject to immediate
interlocutory de novo review and shall be reviewed at least annually.
``(3) Notwithstanding any law or rule of procedure, any aggrieved
person, corporation, or unincorporated association residing or present
in the political subdivision in which a tax is imposed under this
subsection shall have the right to intervene in any proceeding
concerning the tax. Such interveners shall have the right to present
evidence and appear before the court to present oral and written
testimony, and to appeal any finding required to be made by this
action, or any other action taken to impose, increase, or levy, or
assess taxes to remedy deprivations of Federal or State rights.
``(4) These findings by a district court as aforesaid shall apply
to those situations wherein parties enter into an agreement with or
without court approval and notwithstanding the fact that litigation has
not commenced.
``(c) Termination.--Notwithstanding any law or rule of procedure,
any imposition, increase, levy, or assessment of a tax shall--
``(1) automatically terminate or expire after 1 year, from
the date of the imposition or from the date of the enactment of
this statute upon which the court shall make the findings
required by subsection (b); and
``(2) terminate at any time if the court determines that
the deprivation rights has been cured to the extent
practicable.
``(d) State Pre-emption.--Notwithstanding any law or rule of
procedure, this statute does not pre-empt State or political
subdivision from imposing such and further restrictions on the use of
State and local taxes, levies, or assessments for the purposes set
forth herein.
``(e) State and Local Governmental Rights.--Nothing contained
herein shall allow a Federal court to use a tax of any kind of a State
or political subdivision for the purpose of funding such order, except
to the extent, if any, and to the proportion, if any, that such taxes,
levies, or assessments may already be used for the funding of the
object of the order as allowed by State or political subdivision law.
Furthermore, the Federal court has no jurisdiction to force, mandate,
or compel a taxing body of a State or political subdivision to change
or modify its tax laws so as to enlarge them to pay for an order by the
Federal court.
``(f) Findings.--Finding required to be made by this section shall
be completed by the court prior to the beginning of the fiscal year for
the political subdivision against which a tax imposition, increase,
levying, or assessment is ordered, and shall be transmitted to such
political subdivision.
``(g) Rules of Construction.--There is a presumption that the
imposition, increase, levying, or assessment of taxes is not a narrowly
tailored means of remedying deprivations of Federal or State rights.''
In the event the Supreme Court finds that the use of a judicial
tax, levy, or assessment by a Federal judge is illegal or
unconstitutional, nothing contained herein shall be construed to
otherwise make legal, validate, or approve of a judicial tax, levy, or
assessment. | Judicial Mandate and Remedy Clarification Act of 1996 - Sets limits on: (1) the authority of Federal courts to fashion remedies by imposing, increasing, levying, or assessing any tax; or (2) any settlement or order which has that effect.
Sets forth provisions regarding: (1) judicial review; (2) a right of certain aggrieved persons, corporations, or unincorporated associations to intervene in proceedings concerning imposition of a tax; (3) termination of any tax so imposed, increased, levied, or assessed automatically after one year or at any time if the court determines that the deprivation of rights has been cured to the extent practicable; (4) State preemption; and (5) State and local governmental rights. | {"src": "billsum_train", "title": "Judicial Mandate and Remedy Clarification Act of 1996"} | 1,797 | 166 | 0.577654 | 1.842508 | 0.864603 | 3.124138 | 11.482759 | 0.889655 |
SECTION 1. EXEMPTION FOR STATE AND LOCAL CANDIDATE COMMITTEES FROM
NOTIFICATION REQUIREMENTS.
(a) Exemption From Notification Requirements.--Paragraph (5) of
section 527(i) of the Internal Revenue Code of 1986 (relating to
organizations must notify Secretary that they are section 527
organizations) is amended by striking ``or'' at the end of subparagraph
(A), by striking the period at the end of subparagraph (B) and
inserting ``, or'', and by adding at the end the following:
``(C) which is a political committee of a State or
local candidate.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the amendments made by Public Law 106-
230.
SEC. 2. EXEMPTION FOR CERTAIN STATE AND LOCAL POLITICAL COMMITTEES FROM
REPORTING AND ANNUAL RETURN REQUIREMENTS.
(a) Exemption From Reporting Requirements.--
(1) In general.--Section 527(j)(5) of the Internal Revenue
Code of 1986 (relating to coordination with other requirements)
is amended by striking ``or'' at the end of subparagraph (D),
by striking the period at the end of subparagraph (E) and
inserting ``, or'', and by adding at the end the following:
``(F) to any organization described in paragraph
(7), but only if, during the calendar year--
``(i) such organization is required by
State or local law to report, and such
organization reports, information regarding
each separate expenditure and contribution
(including information regarding the person who
makes such contribution or receives such
expenditure) with respect to which information
would otherwise be required to be reported
under this subsection, and
``(ii) such information is made public by
the agency with which such information is filed
and is publicly available for inspection in a
manner similar to reports under section
6104(d)(1).
An organization shall not be treated as failing to meet the
requirements of subparagraph (F)(i) solely because the minimum
amount of any expenditure or contribution required to be
reported under State or local law is greater (but not by more
than $100) than the minimum amount required under this
subsection.''.
(2) Description of organization.--Section 527(j) of such
Code is amended by adding at the end the following:
``(7) Certain organizations.--An organization is described
in this paragraph if--
``(A) such organization is not described in
subparagraph (A), (B), (C), or (D) of paragraph (5),
``(B) such organization does not engage in any
exempt function activities other than activities for
the purpose of influencing or attempting to influence
the selection, nomination, election, or appointment of
any individual to any State or local public office or
office in a State or local political organization, and
``(C) no candidate for Federal office or individual
holding Federal office--
``(i) controls or materially participates
in the direction of such organization,
``(ii) solicits any contributions to such
organization, or
``(iii) directs, in whole or in part, any
expenditure made by such organization.''.
(b) Exemption From Requirements for Annual Return Based on Gross
Receipts.--Paragraph (6) of section 6012(a) of the Internal Revenue
Code of 1986 (relating to persons required to make returns of income)
is amended by striking ``organization, which'' and all that follows
through ``section)'' and inserting ``organization--
``(A) which has political organization taxable
income (within the meaning of section 527(c)(1)) for
the taxable year, or
``(B) which--
``(i) is not a political committee of a
State or local candidate or an organization to
which section 527 applies solely by reason of
subsection (f)(1) of such section, and
``(ii) has gross receipts of--
``(I) in the case of political
organization described in section
527(j)(5)(F), $100,000 or more for the
taxable year, and
``(II) in the case of any other
political organization, $25,000 or more
for the taxable year''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the amendments made by Public Law 106-230.
SEC. 3. NOTIFICATION OF INTERACTION OF REPORTING REQUIREMENTS.
(a) In General.--The Secretary of the Treasury, in consultation
with the Federal Election Commission, shall publicize--
(1) the effect of the amendments made by this Act, and
(2) the interaction of requirements to file a notification
or report under section 527 of the Internal Revenue Code of
1986 and reports under the Federal Election Campaign Act of
1971.
(b) Information.--Information provided under subsection (a) shall
be included in any appropriate form, instruction, notice, or other
guidance issued to the public by the Secretary of the Treasury or the
Federal Election Commission regarding reporting requirements of
political organizations (as defined in section 527 of the Internal
Revenue Code of 1986) or reporting requirements under the Federal
Election Campaign Act of 1971.
SEC. 4. WAIVER OF PENALTIES.
(a) Waiver of Filing Penalties.--Section 527 of the Internal
Revenue Code of 1986 is amended by adding at the end the following:
``(k) Authority To Waive.--The Secretary may waive all or any
portion of the--
``(1) tax assessed on an organization by reason of the
failure of the organization to give notice under subsection
(i), or
``(2) penalty imposed under subsection (j) for a failure to
file a report,
on a showing that such failure was due to reasonable cause and not due
to willful neglect.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to any tax assessed or penalty imposed after June 30, 2000. | Amends the Internal Revenue Code to: (1) exempt State and local candidate committees from specified notification requirements; (2) exempt State and local political committees from specified reporting and annual gross receipts-based return requirements; and (3) authorize the Secretary of the Treasury to waive certain related penalties.Directs the Secretary to publicize the effects of the amendments made by this Act. | {"src": "billsum_train", "title": "A bill to amend section 527 of the Internal Revenue Code of 1986 to eliminate notification and return requirements for State and local candidate committees and avoid duplicate reporting by certain State and local political committees of information required to be reported and made publicly available under State law."} | 1,375 | 78 | 0.492427 | 1.155694 | 0.66478 | 3.09589 | 16.917808 | 0.876712 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Land Freedom Act of 2017''.
SEC. 2. FINDINGS.
Congress finds that--
(1) as of the date of enactment of this Act--
(A) 113,000,000 acres of onshore Federal land are
open and accessible for oil and natural gas
development; and
(B) approximately 166,000,000 acres of onshore
Federal land are off-limits or inaccessible for oil and
natural gas development;
(2) despite the recent oil and natural gas boom in the
United States, the number of acres of Federal land leased for
oil and natural gas exploration has decreased by 24 percent
since 2008;
(3) in 2013, the Federal Government leased only 36,000,000
acres of Federal land, in contrast to the 131,000,000 acres
that were leased in 1984;
(4) the reduction in leasing of Federal land harms economic
growth and Federal revenues;
(5) in 2013, it took 197 days to process applications for
permits to drill on Federal land; and
(6) the States have extensive and sufficient regulatory
frameworks for permitting oil and natural gas development.
SEC. 3. DEFINITIONS.
In this Act:
(1) Available federal land.--The term ``available Federal
land'' means any Federal land that, as of May 31, 2013--
(A) is located within the boundaries of a State;
(B) is not held by the United States in trust for
the benefit of a federally recognized Indian tribe;
(C) is not a unit of the National Park System;
(D) is not a unit of the National Wildlife Refuge
System; and
(E) is not a congressionally designated wilderness
area.
(2) State.--The term ``State'' means--
(A) a State; and
(B) the District of Columbia.
(3) State leasing, permitting, and regulatory program.--The
term ``State leasing, permitting, and regulatory program''
means a program established pursuant to State law that
regulates the exploration and development of oil, natural gas,
and other forms of energy on land located in the State.
SEC. 4. STATE CONTROL OF ENERGY DEVELOPMENT AND PRODUCTION ON ALL
AVAILABLE FEDERAL LAND.
(a) State Leasing, Permitting, and Regulatory Programs.--Any State
that has established a State leasing, permitting, and regulatory
program may--
(1) submit to the Secretaries of the Interior, Agriculture,
and Energy a declaration that a State leasing, permitting, and
regulatory program has been established or amended; and
(2) seek to transfer responsibility for leasing,
permitting, and regulating oil, natural gas, and other forms of
energy development from the Federal Government to the State.
(b) State Action Authorized.--Notwithstanding any other provision
of law, on submission of a declaration under subsection (a)(1), the
State submitting the declaration may lease, permit, and regulate the
exploration and development of oil, natural gas, and other forms of
energy on Federal land located in the State in lieu of the Federal
Government.
(c) Effect of State Action.--Any action by a State to lease,
permit, or regulate the exploration and development of oil, natural
gas, and other forms of energy pursuant to subsection (b) shall not be
subject to, or considered a Federal action, Federal permit, or Federal
license under--
(1) subchapter II of chapter 5, and chapter 7, of title 5,
United States Code (commonly known as the ``Administrative
Procedure Act'');
(2) division A of subtitle III of title 54, United States
Code;
(3) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.); or
(4) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
SEC. 5. NO EFFECT ON FEDERAL REVENUES.
(a) In General.--Any lease or permit issued by a State pursuant to
section 4 shall include provisions for the collection of royalties or
other revenues in an amount equal to the amount of royalties or
revenues that would have been collected if the lease or permit had been
issued by the Federal Government.
(b) Disposition of Revenues.--Any revenues collected by a State
from leasing or permitting on Federal land pursuant to section 4 shall
be deposited in the same Federal account in which the revenues would
have been deposited if the lease or permit had been issued by the
Federal Government.
(c) Effect on State Processing Fees.--Nothing in this Act prohibits
a State from collecting and retaining a fee from an applicant to cover
the administrative costs of processing an application for a lease or
permit. | Federal Land Freedom Act of 2017 This bill authorizes a state with an established oil and gas leasing program to take responsibility from the federal government for leasing and regulating the exploration and development of oil, gas, and other forms of energy on federal land in the state. Any state actions to lease, permit, or regulate oil and gas exploration and development shall not be subject to federal action under certain laws, including the Administrative Procedure Act, the Endangered Species Act of 1973, and the National Environmental Policy Act of 1969. State-issued leases or permits shall provide for the collection and deposit of federal royalties and revenues. A state may collect and retain lease or permit application processing fees. | {"src": "billsum_train", "title": "Federal Land Freedom Act of 2017"} | 1,036 | 143 | 0.522407 | 1.464367 | 0.676597 | 2.984848 | 7.310606 | 0.893939 |
That this Act may be
cited as the ``Small Business Meat Producer and Marketer Protection Act
of 1993''.
Section 1. The Small Business Act is hereby amended as follows:
(a) by inserting in section 3 before the word ``credit''
the word ``sufficient'', and by inserting after the word
``conditions'' the words ``and at reasonable rates''; and
(b) by inserting in section 18(a) after the word
``moratorium'' the following: ``or if the agency has
promulgated and is operating and administering a loan program
under which all qualified applicants are not being granted
loans,''.
Sec. 2. Congressional Finding and Declaration of Policy.--
(a) The Congress finds that the existence, in industries engaged in
commerce or in the production, processing, manufacturing, and
distribution of livestock and meat food products for commerce, of
marketing conditions detrimental to the maintenance of a free and
competitive environment needed for the health, efficiency, and general
well-being of business (1) causes commerce and the channels and
instrumentalities of commerce to be used to spread and perpetuate such
conditions among businesses located in the several States; (2) burdens
commerce and the free flow of livestock and meat food products in
commerce; (3) constitutes an unfair method of competition in commerce;
(4) leads to a burdening and obstruction of commerce and the free flow
of goods in commerce; and (5) interferes with the orderly and fair
marketing of goods in commerce.
(b) It is declared to be the policy of this Act, through the
exercise by Congress of its power to regulate commerce among the
several States and with foreign nations, to correct and as rapidly as
practicable to eliminate the conditions above referred to in such
industries without substantially curtailing the production, processing,
manufacturing, or distribution of such products.
Sec. 3. As used in this Act--
(a) ``Commerce'' means trade, commerce, transportation,
transmission or communication among the several States or
between any State and any place outside thereof.
(b) ``Livestock'' means cattle, calves, swine, sheep or
lambs, whether alive or dead.
(c) ``Meat food products'' means all products and by-
products of the slaughtering and meat packing industry, if
edible.
(d) ``Meatpacker'' means any person engaged in the business
of buying livestock for purposes of slaughter or of
manufacturing or preparing meats or meat food products for sale
or shipment.
(e) ``Meat marketer'' means any person engaged in the
business of buying, selling, brokering, purveying or otherwise
dealing in meats or meat food products.
(f) ``Person'' means one or more individuals, partnerships,
associations, corporations, legal representatives, joint stock
companies, trustees and receivers in bankruptcy and
reorganization, common-law trusts, or any organized group,
whether or not incorporated.
(g) ``Meatpacker or meat marketer engaged in commerce''
means a meatpacker or meat marketer (1) who is engaged in
commerce or (2) who has employees engaged in the production,
processing, manufacturing or distribution of meat food products
for commerce, or employees handling, selling, or otherwise
working on meat food products which have been moved in or
produced, processed, manufactured, or distributed for commerce
by any person and which, during any one of the last three years
had annual gross volume of sales made or business done of not
less than $250,000 (exclusive of excise taxes at the retail
level which are separately stated).
Sec. 4. (a) It shall be unlawful for any meatpacker engaged in
commerce to slaughter or cause to be slaughtered, whether by contract,
business order, or by any other transaction, at any one location during
any calendar week more than one hundred head of cattle or calves, three
hundred head of swine, or three hundred head of sheep or lambs which
were owned prior to slaughter for a period in excess of twenty days by
such meatpacker or by any person who owns or controls more than 5 per
centum of the stock, voting power, or control of a meatpacker or by any
person, subsidiary, or affiliate in which such meatpacker or other
person owns or controls a total of more than 5 per centum of the stock,
voting power, or control thereof. The prohibition in this subsection
shall apply to livestock owned by such meatpacker or such persons or
subject to their control directly or indirectly by contract, purchase
order, option, or other arrangement.
(b) It shall be unlawful for any meatpacker or meat marketer
engaged in commerce to offer for sale to or to purchase from a
meatpacker or meat marketer, whether by contract, business order, or by
any other transaction, during any calendar week more than one hundred
head of live cattle or calves, three hundred head of live swine, or
three hundred head of live sheep or lambs which were owned prior to the
date of sale for a period in excess of twenty days by such meatpacker
or meat marketer or by any person who owns or controls more than 5 per
centum of the voting power or control of such meatpacker or meat
marketer or by any subsidiary or affiliate in which such meatpacker,
meat retailer or other person owns or controls a total of more than 5
per centum of the voting power or control thereof. The prohibition in
this subsection shall apply to livestock owned by such meatpacker or
meat marketer or such persons or subject to their control directly or
indirectly by contract, purchase order, option or other arrangement;
but it shall not be deemed to prohibit any such meatpacker, meat
marketer, or other person from making, executing or fulfilling a
contract of sale of any commodity for future delivery on a board of
trade which has been designated as a contract market by the Commodity
Futures Trading Commission.
(c) It shall be unlawful for any meatpacker or meat marketer
engaged in commerce to contract for the forward delivery of livestock
if such contract authorizes, directly or indirectly, such meatpacker or
meat marketer to select the date for the delivery of such livestock
unless such date is within a period of twenty consecutive calendar
days.
Sec. 5. (a) Any person knowingly violating any provision of section
4 of this Act shall be fined not more than $50,000, or more than $100
per head of cattle or calves and $25 per head of swine, lambs or sheep
slaughtered, offered for sale or purchased, or contracted for forward
delivery in excess of the maximum number permitted by such section,
whichever amount is greater. A violation by a corporation shall also be
deemed to be a violation by the individual directors, officers,
receivers, trustees, or agents of such corporation who authorized,
ordered or performed any of the conduct constituting the violation in
whole or in part.
(b) A violation of this Act which occurs in more than one week
shall be considered a separate violation for each calendar week during
which a violation occurs.
Sec. 6. For the purposes of the Act entitled ``An Act to supplement
existing laws against unlawful restraints and monopolies, and for other
purposes'', approved October 15, 1914 (38 Stat. 730), and the Federal
Trade Commission Act, this Act shall be considered to be an antitrust
law.
Sec. 7. If any provision of this Act or the application thereof to
any person or circumstance is held invalid, the validity of the
remainder of this Act and the application of such provision to other
persons or circumstances shall not be affected thereby. | Small Business Meat Producer and Marketer Protection Act of 1993 - Amends the Small Business Act to change the loan eligibility requirements for certain small businesses.
Defines "meatpacker or meat marketer engaged in commerce." Imposes limits on the slaughter, sale, purchase, and forward delivery of certain livestock by meatpackers or meat marketers engaged in commerce.
Establishes fines for violations of this Act. | {"src": "billsum_train", "title": "Small Business Meat Producer and Marketer Protection Act of 1993"} | 1,626 | 89 | 0.53721 | 1.342462 | 0.815212 | 2.608108 | 21.364865 | 0.77027 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Targeted Job Creation and Business
Investment Act''.
SEC. 2. REDUCTION IN EMPLOYER PORTION OF PAYROLL TAX FOR CERTAIN
EMPLOYERS INCREASING PAYROLL.
(a) In General.--In the case of any calendar quarter beginning in
2010 or 2011, the aggregate amount of employer payroll tax deposits of
an employer shall be reduced by an amount equal to the applicable
percentage of the payroll increase of such employer for such calendar
quarter which is attributable to wages paid to a qualified individual.
(b) Definitions and Special Rules.--For purposes of this section--
(1) Employer payroll tax deposits.--The term ``employer
payroll tax deposits'' means deposits an employer is required
to make under section 6302 of the Internal Revenue Code of 1986
of taxes imposed on such employer under section 3111 of such
Code with respect to individuals in his employ.
(2) Applicable percentage.--The applicable percentage shall
be--
(A) in the case of any calendar quarter beginning
in 2010, 15 percent, and
(B) in the case of any calendar quarter beginning
in 2011, 10 percent.
(3) Payroll increase.--
(A) In general.--The term ``payroll increase''
means, with respect to an employer for a calendar
quarter, the excess (if any) of--
(i) the aggregate amount of wages (as
defined in section 3121(a) of such Code) paid
by such employer to all employees for such
calendar quarter, over
(ii) aggregate amount of inflation adjusted
wages paid by such employer to all employees
for the same calendar quarter in the preceding
calendar year.
(B) Wages.--The term ``wages'' has the meaning
given such term by section 3121(a) of such Code for
purposes of section 3111(a).
(C) Inflation adjusted wages.--The term ``inflation
adjusted wages'' means an amount equal to--
(i) wages with respect to an employee,
multiplied by
(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year for which the reduction in
deposits under this section is being determined
occurs, determined by substituting `calendar
year 2009' for `calendar year 1992' in
subparagraph (B) thereof.
(4) Qualified individual.--The term ``qualified
individual'' means any individual--
(A) who begins employment with a qualified employer
after February 3, 2010, and before January 1, 2012,
(B) whose principal place of employment with such
employer is certified by the employer as being within a
county the unemployment rate of which is not less than
8.5 percent (as determined by reference to the most
recent unemployment data announced by the Bureau of
Labor Statistics of the Department of Labor for the
month during which such individual begins employment),
(C) who is not employed by the qualified employer
to replace another employee of such employer unless
such other employee separated from employment
voluntarily or for cause, and
(D) who is not an individual described in section
51(i)(1).
(5) Excess reductions treated as refundable.--
(A) In general.--The amount of employer payroll tax
deposits of an employer for any quarter shall not be
reduced below zero under subsection (a).
(B) Excess treated as payment of tax.--
(i) In general.--The amount by which the
reduction for any calendar quarter under
subsection (a) would (but for subparagraph (A))
have exceeded the aggregate employer payroll
tax deposits of the employer for such quarter
shall be treated as a payment of the tax
imposed by subtitle A of such Code for the last
taxable year ending before such calendar
quarter ends.
(ii) Timing.--Secretary shall, subject to
the provisions of such Code, refund or credit
any overpayment attributable to this section as
rapidly as possible.
(iii) No interest.--No interest shall be
allowed on any overpayment attributable to this
section.
(6) Denial of double benefit.--The amount of any deduction
allowable to the employer under chapter 1 of such Code for
taxes paid under section 3111 of such Code with respect to
employment during any calendar quarter shall be reduced by the
amount by which the employer payroll tax deposits of such
employer are reduced under subsection (a) for such quarter.
(7) Wages must be for trade or business.--A rule similar to
the rule of section 51(f) of such Code shall apply.
(8) Adjustments for certain acquisitions, etc.--Under
regulations prescribed by the Secretary--
(A) Acquisitions.--If, after December 31, 2009, an
employer acquires the major portion of a trade or
business of another person (hereafter in this paragraph
referred to as the ``predecessor'') or the major
portion of a separate unit of a trade or business of a
predecessor, then, for purposes of applying this
section for any calendar quarter ending after such
acquisition, the amount of wages or compensation deemed
paid by the employer during periods before such
acquisition shall be increased by so much of such wages
or compensation paid by the predecessor with respect to
the acquired trade or business as is attributable to
the portion of such trade or business acquired by the
employer.
(B) Dispositions.--If, after December 31, 2009--
(i) an employer disposes of the major
portion of any trade or business of the
employer or the major portion of a separate
unit of a trade or business of the employer in
a transaction to which paragraph (1) applies,
and
(ii) the employer furnishes the acquiring
person such information as is necessary for the
application of subparagraph (A),
then, for purposes of applying this section for any
calendar quarter ending after such disposition, the
amount of wages or compensation deemed paid by the
employer during periods before such disposition shall
be reduced by so much of such wages as is attributable
to such trade or business or separate unit.
(9) Employers not on quarterly system.--The Secretary of
the Treasury shall prescribe rules for the application of this
section in the case of an eligible employer whose required
income tax deposits are not made on a quarterly basis.
SEC. 3. PERMANENT EXTENSION OF RESEARCH CREDIT.
(a) In General.--Section 41 of the Internal Revenue Code of 1986 is
amended by striking subsection (h).
(b) Conforming Amendment.--Paragraph (1) of section 45C(b) of such
Code is amended by striking subparagraph (D).
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009.
SEC. 4. BONUS DEPRECIATION MADE PERMANENT.
(a) In General.--Paragraph (2) of section 168(k) of the Internal
Revenue Code of 1986 is amended--
(1) in subparagraph (A)--
(A) by adding ``and'' at the end of clause (ii),
(B) by striking ``, and before January 1, 2010'' in
clause (iii)(I),
(C) by striking ``, and before January 1, 2010,
and'' in clause (iii)(II) and inserting a period, and
(D) by striking clause (iv),
(2) in subparagraph (B), by striking clause (ii) and by
redesignating clauses (iii) and (iv) as clauses (ii) and (iii),
respectively, and
(3) in subparagraph (E)(i), by striking ``, and before
January 1, 2010''.
(b) Conforming Amendments.--
(1) Subclause (I) of section 168(k)(2)(B)(i) of such Code
is amended by striking ``(iii), and (iv)'' and inserting ``and
(iii)''.
(2) Clause (i) of section 168(k)(2)(C) of such Code is
amended by striking ``, (iii) and (iv)'' and inserting ``and
(iii)''.
(3) Subparagraph (B) of section 168(l)(5) of such Code is
amended to read as follows:
``(B) by substituting `, and before January 1,
2013.' for the period at the end of clause (i) thereof,
and''.
(4) Subparagraph (D) of section 1400L(b)(2) of such Code is
amended by striking ``clause (i) thereof shall be applied
without regard to `and before January 1, 2010,' and''.
(5) Subparagraph (B) of section 1400N(d)(3) of such Code is
amended to read as follows:
``(B) by substituting `, and before January 1,
2008.' for the period at the end of clause (i) thereof,
and''.
(6) The heading for subsection (k) of section 168 of such
Code is amended by striking ``and before January 1, 2010''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2009.
SEC. 5. PERMANENT INCREASE IN LIMITATIONS ON EXPENSING OF CERTAIN
DEPRECIABLE BUSINESS ASSETS.
(a) In General.--Subsection (b) of section 179 of the Internal
Revenue Code of 1986 (relating to limitations) is amended--
(1) by striking ``$25,000'' and all that follows in
paragraph (1) and inserting ``$250,000.'',
(2) by striking ``$200,000'' and all that follows in
paragraph (2) and inserting ``$800,000'',
(3) by striking ``after 2007 and before 2011, the $120,000
and $500,000'' in paragraph (5)(A) and inserting ``after 2009,
the $250,000 and the $800,000'',
(4) by striking ``2006'' in paragraph (5)(A)(ii) and
inserting ``2008'', and
(5) by striking paragraph (7).
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009. | Targeted Job Creation and Business Investment Act - Allows a reduction in 2010 and 2011 of an employer's payroll taxes by a specified percentage of the amount by which such employer increases aggregate payroll over the preceding calendar year for employees in high unemployment areas hired after February 3, 2010, and before January 1, 2012.
Amends the Internal Revenue Code to make permanent the tax credit for increasing research activities, bonus depreciation, and the increased (to $250,000) expensing allowance for depreciable business assets. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to reduce the employer portion of payroll taxes in the case of employers who expand payroll in 2010 and 2011 in areas with high unemployment and to make permanent the research and development credit, bonus depreciation, and increased expensing limitations."} | 2,278 | 109 | 0.474158 | 1.156688 | 0.451207 | 3.210526 | 21.631579 | 0.894737 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhanced Grid Security Act of
2015''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of Energy.
(2) Electric utility.--The term ``electric utility'' has
the meaning given the term in section 3 of the Federal Power
Act (16 U.S.C. 796).
(3) ES-ISAC.--The term ``ES-ISAC'' means the Electricity
Sector Information Sharing and Analysis Center.
(4) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(6) Sector-specific agency.--The term ``Sector-Specific
Agency'' has the meaning given the term in the Presidential
policy directive entitled ``Critical Infrastructure Security
and Resilience'', numbered 21, and dated February 12, 2013.
SEC. 3. DESIGNATION OF DEPARTMENT OF ENERGY AS SECTOR-SPECIFIC AGENCY
FOR CYBERSECURITY FOR THE ENERGY SECTOR.
In accordance with the Presidential policy directive entitled
``Critical Infrastructure Security and Resilience'', numbered 21, and
dated February 12, 2013, and this Act, the Department shall be the lead
Sector-Specific Agency for cybersecurity for the energy sector.
SEC. 4. CYBERSECURITY FOR THE ENERGY SECTOR RESEARCH, DEVELOPMENT, AND
DEMONSTRATION PROGRAM.
The Secretary, in consultation with appropriate Federal agencies,
the energy sector, the States, and other stakeholders, shall carry out
a program--
(1) to develop advanced cybersecurity applications and
technologies for the energy sector--
(A) to identify and mitigate vulnerabilities,
including--
(i) dependencies on other critical
infrastructure; and
(ii) impacts from weather, climate change,
and fuel supply; and
(B) to advance the security of field devices and
third-party control systems, including--
(i) systems for generation, transmission,
distribution, end use, and market functions;
(ii) specific electric grid elements
including advanced metering, demand response,
distributed generation, and electricity
storage;
(iii) forensic analysis of infected
systems; and
(iv) secure communications;
(2) to leverage electric grid architecture as a means to
assess risks to the energy sector, including by implementing an
all-hazards approach to communications infrastructure, control
systems architecture, and power systems architecture;
(3) to perform pilot demonstration projects with the energy
sector to gain experience with new technologies; and
(4) to develop workforce development curricula for energy
sector-related cybersecurity.
SEC. 5. ENERGY SECTOR COMPONENT TESTING FOR CYBERRESILIENCE PROGRAM.
The Secretary shall carry out a program--
(1) to establish a cybertesting and mitigation program to
identify vulnerabilities of energy sector supply chain products
to known threats;
(2) to oversee third-party cybertesting; and
(3) to develop procurement guidelines for energy sector
supply chain components.
SEC. 6. ENERGY SECTOR OPERATIONAL SUPPORT FOR CYBERRESILIENCE PROGRAM.
The Secretary shall carry out a program--
(1) to enhance and periodically test--
(A) the emergency response capabilities of the
Department; and
(B) the coordination of the Department with other
agencies, the National Laboratories, and private
industry;
(2) to expand cooperation of the Department with the
intelligence communities for energy sector-related threat
collection and analysis;
(3) to enhance the tools of the Department and ES-ISAC for
monitoring the status of the energy sector;
(4) to expand industry participation in ES-ISAC; and
(5) to provide technical assistance to small electric
utilities for purposes of assessing cybermaturity posture.
SEC. 7. MODELING AND ASSESSING ENERGY INFRASTRUCTURE RISK.
(a) In General.--The Secretary shall develop an advanced energy
security program to secure energy networks, including electric, natural
gas, and oil exploration, transmission, and delivery.
(b) Security and Resiliency Objective.--The objective of the
program developed under subsection (a) is to increase the functional
preservation of the electric grid operations or natural gas and oil
operations in the face of natural and human-made threats and hazards,
including electric magnetic pulse and geomagnetic disturbances.
(c) Eligible Activities.--In carrying out the program developed
under subsection (a), the Secretary may--
(1) develop capabilities to identify vulnerabilities and
critical components that pose major risks to grid security if
destroyed or impaired;
(2) provide modeling at the national level to predict
impacts from natural or human-made events;
(3) develop a maturity model for physical security and
cybersecurity;
(4) conduct exercises and assessments to identify and
mitigate vulnerabilities to the electric grid, including
providing mitigation recommendations;
(5) conduct research hardening solutions for critical
components of the electric grid;
(6) conduct research mitigation and recovery solutions for
critical components of the electric grid; and
(7) provide technical assistance to States and other
entities for standards and risk analysis.
SEC. 8. LEVERAGING EXISTING PROGRAMS.
The programs established under this Act shall be carried out
consistent with--
(1) the report of the Department entitled ``Roadmap to
Achieve Energy Delivery Systems Cybersecurity'' and dated 2011;
(2) existing programs of the Department; and
(3) any associated strategic framework that links together
academic and National Laboratory researchers, electric
utilities, manufacturers, and any other relevant private
industry organizations.
SEC. 9. STUDY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with the Federal
Energy Regulatory Commission and the North American Electric
Reliability Corporation, shall conduct a study to explore alternative
management structures and funding mechanisms to expand industry
membership and participation in ES-ISAC.
(b) Report.--The Secretary shall submit to the appropriate
committees of Congress a report describing the results of the study
conducted under subsection (a).
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$100,000,000 for each of fiscal years 2017 through 2022. | Enhanced Grid Security Act of 2015 This bill designates the Department of Energy (DOE) as the lead Sector-Specific Agency for cybersecurity for the energy sector (this action comports with the presidential policy directive entitled "Critical Infrastructure Security and Resilience" dated February 12, 2013). DOE shall: develop advanced cybersecurity applications and technologies for the energy sector; advance the security of field devices and third-party control systems; leverage electric grid architecture as a means to assess risks to the energy sector, including by implementing an all-hazards approach to communications infrastructure, control systems architecture, and power systems architecture; perform pilot demonstration projects with the energy sector to gain experience with new technologies; and develop workforce development curricula for energy sector-related cybersecurity. DOE shall also implement within the energy sector cybertesting and cyberresilience programs that target: DOE emergency response capabilities, cooperation with the intelligence communities for energy sector-related threat collection and analysis, enhancing the tools of DOE and the Electricity Sector Information Sharing and Analysis Center (ES-ISAC) for monitoring the status of the energy sector, expanding industry participation in ES-ISAC, and technical assistance to small electric utilities to assess cybermaturity posture. DOE must develop an advanced energy security program that secures diverse energy networks in order to increase the functional preservation of the electric grid operations or natural gas and oil operations in the face of natural and human-made threats and hazards, including electric magnetic pulse and geomagnetic disturbances. DOE shall study alternative management structures and funding mechanisms to expand industry membership and participation in ES-ISAC. | {"src": "billsum_train", "title": "Enhanced Grid Security Act of 2015"} | 1,408 | 339 | 0.645509 | 2.068056 | 0.966118 | 5.558442 | 4.194805 | 0.88961 |
SECTION 1. CONSUMER RENEWABLE CREDIT.
(a) Business Credit.--
(1) In general.--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 new section:
``SEC. 45S. CONSUMER RENEWABLE CREDIT.
``(a) General Rule.--For purposes of section 38, in the case of an
eligible taxpayer, the consumer renewable credit for any taxable year
is an amount equal to the product of--
``(1) the renewable portfolio factor of such eligible
taxpayer, and
``(2) subject to subsection (e), the number of kilowatt
hours of renewable electricity--
``(A) purchased or produced by such taxpayer, and
``(B) sold by such taxpayer to a retail customer
during the taxable year.
``(b) Renewable Portfolio Factor.--In the case of taxable years
beginning before January 1, 2019, the renewable portfolio factor for an
eligible taxpayer shall be determined as follows:
------------------------------------------------------------------------
Renewable
``Renewable electricity percentage: portfolio factor:
------------------------------------------------------------------------
Less than 6 percent................................ zero cents
At least 6 percent but less than 8 percent......... 0.1 cents
At least 8 percent but less than 12 percent........ 0.2 cents
At least 12 percent but less than 16 percent....... 0.3 cents
At least 16 percent but less than 20 percent....... 0.4 cents
At least 20 percent but less than 24 percent....... 0.5 cents
Equal to or greater than 24 percent................ 0.6 cents.
------------------------------------------------------------------------
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Eligible taxpayer.--The term `eligible taxpayer'
means an electric utility, as defined in section 3(22) of the
Federal Power Act (16 U.S.C. 796(22)).
``(2) Renewable electricity.--The term `renewable
electricity' means electricity generated by any facility using
wind or solar energy to generate such electricity.
``(3) Renewable electricity percentage.--The term
`renewable electricity percentage' means the percentage of an
eligible taxpayer's total sales of electricity to retail
customers which is derived from renewable electricity
(determined without regard to whether such electricity was
produced by the taxpayer).
``(4) Application of other rules.--For purposes of this
section, rules similar to the rules of paragraphs (1), (3), and
(5) of section 45(e) shall apply.
``(5) Credit allowed only with respect to one eligible
entity.--No credit shall be allowed under subsection (a) with
respect to renewable electricity purchased from another
eligible entity if a credit has been allowed under this section
to such other eligible entity.
``(d) Coordination With Payments.--The amount of the credit
determined under this section with respect to any electricity shall be
reduced to take into account any payment provided with respect to such
electricity solely by reason of the application of section 6433.
``(e) Renewable Electricity Enhancement.--
``(1) Native american wind and solar.--In the case of
renewable electricity generated by a wind or solar energy
facility which is located on an Indian reservation (as defined
in section 168(j)(6)), the number of kilowatt hours of such
renewable electricity shall, for purposes of subsection (a)(2),
be equal to 200 percent of the kilowatt hours of such renewable
electricity actually purchased or produced and sold during the
taxable year.
``(2) Electric cooperative wind and solar.--In the case of
renewable electricity generated by a wind or solar energy
facility which is wholly owned by a mutual or cooperative
electric company (as described in section 501(c)(12) or
1381(a)(2)(C)), the number of kilowatt hours of such renewable
electricity shall, for purposes of subsection (a)(2), be equal
to 150 percent of the kilowatt hours of such renewable
electricity actually purchased or produced and sold during the
taxable year.''.
(2) Credit made part of general business credit.--
Subsection (b) of section 38 of the Internal Revenue Code of
1986 is amended by striking ``plus'' at the end of paragraph
(35), by striking the period at the end of paragraph (36) and
inserting ``, plus'', and by adding at the end the following
new paragraph:
``(37) the consumer renewable credit determined under
section 45S(a).''.
(3) Specified credit.--Subparagraph (B) of section 38(c)(4)
of the Internal Revenue Code of 1986 is amended by
redesignating clauses (vii) through (ix) as clauses (viii)
through (x), respectively, and by inserting after clause (v)
the following new clause:
``(vi) the credit determined under section
45S.''.
(4) 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 new item:
``Sec. 45S. Consumer renewable credit.''.
(b) Payments in Lieu of Credit.--
(1) In general.--Subchapter B of chapter 65 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 6433. CONSUMER RENEWABLE CREDIT PAYMENTS.
``(a) In General.--If any eligible person sells renewable
electricity to a retail customer, the Secretary shall pay (without
interest) to any such person who elects to receive a payment an amount
equal to the product of--
``(1) the intermittent renewable portfolio factor of such
eligible person, and
``(2) the number of kilowatt hours of renewable
electricity--
``(A) purchased or produced by such person, and
``(B) sold by such person in the trade or business
of such person to a retail customer.
``(b) Timing of Payments.--
``(1) In general.--Except as provided in paragraph (2),
rules similar to the rules of section 6427(i)(1) shall apply
for purposes of this section.
``(2) Quarterly payments.--
``(A) In general.--If, at the close of any quarter
of the taxable year of any person (or, in the case of
an eligible person that does not have a taxable year,
the close of any quarter of the fiscal year), at least
$750 is payable in the aggregate under subsection (a),
to such person with respect to electricity purchased or
produced during--
``(i) such quarter, or
``(ii) any prior quarter (for which no
other claim has been filed) during such year,
a claim may be filed under this section with respect to
such electricity.
``(B) Time for filing claim.--No claim filed under
this paragraph shall be allowed unless filed on or
before the last day of the first quarter following the
earliest quarter included in the claim.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Eligible person.--The term `eligible person' means--
``(A) an electric utility, as defined in section
3(22) of the Federal Power Act (16 U.S.C. 796(22)), or
``(B) a Federal power marketing agency, as defined
in section 3(19) of such Act (16 U.S.C. 796(19)).
``(2) Other definitions.--Any term used in this section
which is also used in section 45S shall have the meaning given
such term under section 45S.
``(3) Application of other rules.--For purposes of this
section, rules similar to the rules of paragraphs (1) and (3)
of section 45(e) shall apply.
``(d) Payment Disallowed Unless Amount Passed to Third-Party
Generators Charged for Integration Costs.--
``(1) In general.--In the case of renewable electricity
eligible for the payment under subsection (a) that is purchased
and not produced by an eligible person, no payment shall be
made under this section unless any charge the eligible person
has assessed the seller to recover the integration costs
associated with such electricity has been reduced (but not
below zero) to the extent of the payment received under
subsection (a) associated with such electricity.
``(2) Definitions.--For purposes of paragraph (1), charges
intended to recover integration costs do not include amounts
paid by the producer of the electricity for interconnection
facilities, distribution upgrades, network upgrades, or stand
alone network upgrades as those terms have been defined by the
Federal Energy Regulatory Commission in its Standard
Interconnection Procedures.
``(e) Payment Allowed for Special Generating and Transmitting
Entities.--
``(1) In general.--Notwithstanding subsection (a)(2), a
special generating and transmitting entity shall be eligible
for payment under subsection (a) based on the number of
kilowatt hours of renewable electricity transmitted, regardless
of whether such entity purchased or sold such electricity to
retail customers.
``(2) Definition.--For purposes of this subsection, the
term `special generating and transmitting entity' means--
``(A) an entity which is--
``(i) primarily engaged in marketing
electricity,
``(ii) provides transmissions services for
greater than 4,000 megawatts of renewable
electricity generating facilities, as
determined by reference to the machine or
nameplate capacity thereof, and
``(iii) transmits the majority of such
renewable electricity to customers located
outside of the region that it serves, or
``(B) a generation and transmission cooperative
which engages primarily in providing wholesale electric
services to its members (generally consisting of
distribution cooperatives).''.
(2) Clerical amendment.--The table of sections for subpart
B of chapter 65 of the Internal Revenue Code of 1986 is amended
by adding at the end the following new item:
``Sec. 6433. Consumer renewable credit payments.''.
(c) Effective Date.--The amendments made by this section shall
apply to electricity produced or purchased and sold after December 31,
2013, and before January 1, 2019.
SEC. 2. DELAY IN APPLICATION OF WORLDWIDE INTEREST.
(a) In General.--Paragraphs (5)(D) and (6) of section 864(f) of the
Internal Revenue Code of 1986 are each amended by striking ``December
31, 2020'' and inserting ``December 31, 2022''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act. | Amends the Internal Revenue Code to allow, through December 31, 2018: (1) a new business-related tax credit for sales by an electric utility of renewable electricity generated by a facility using wind or solar energy to a retail customer; and (2) payments to such utilities, in lieu of such tax credit, for sales of renewable electricity to retail customers. Delays, until 2023, the application of rules relating to the allocation and apportionment of the interest expense of domestic corporations that are members of a worldwide affiliated group. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide a consumer renewable credit for a utility that sells renewable power, and for other purposes."} | 2,433 | 112 | 0.420257 | 1.149449 | 0.03742 | 1.825243 | 21 | 0.815534 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Fish Hatchery System
Volunteer Act of 2006''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The National Fish Hatchery System (in this Act referred to
as the ``System'')--
(A) consists of more than 60 hatcheries, seven fish
technology centers, 9 fish health centers, and other fisheries
program offices;
(B) plays an integral role in the recovery of more than 50
threatened species and endangered species and the restoration
of over 100 native species;
(C) provides healthy fish populations that support
recreational fishing opportunities, many of which are related
to Federal water control structures; and
(D) works with over 250 partners to help mitigate the
impacts of aquatic habitat loss and invasive species.
(2) The System faces many challenges, including aging
facilities, some of which date back to the late 1800s, and
maintenance of intensive infrastructures such as wells, pumps,
valves, pipes, filters, heaters, chillers, and treatment systems
that must keep clean water moving 24 hours a day, 365 days a year.
(3) By encouraging volunteer programs and donations and
fostering non-Federal partnerships with hatchery facilities,
Federal funding for the hatcheries can be supplemented.
(4) By encouraging hatchery educational programs, public
awareness of the resources of the System and public participation
in the conservation of aquatic resources can be promoted.
(b) Purposes.--The purposes of this Act are the following:
(1) To encourage the use of volunteers to assist the United
States Fish and Wildlife Service in the management of hatcheries
within the System.
(2) To facilitate partnerships between the System and non-
Federal entities to promote public awareness of the resources of
the System and public participation in the conservation of those
resources.
(3) To encourage donations and other contributions by
individuals and organizations to the System.
SEC. 3. GIFTS TO SYSTEM AND PARTICULAR NATIONAL FISH HATCHERIES.
(a) Authorization of Gifts, Devises, and Bequests for System.--In
furtherance of the purposes of this Act, the Secretary of the Interior
may accept any gifts, devises, or bequests of real and personal
property, or proceeds therefrom, or interests therein, for the benefit
of the National Fish Hatchery System. Such acceptance may be subject to
the terms of any restrictive or affirmative covenant, or condition of
servitude, if such terms are deemed by the Secretary to be in
accordance with law and compatible with the purpose for which
acceptance is sought.
(b) Use of Gifts, Devises, and Bequests.--
(1) In general.--Any gifts and bequests of money and proceeds
from the sales of other property received as gifts or bequests
pursuant to this subsection shall be deposited in a separate
account in the Treasury and may be expended without further
appropriation by the Secretary for the benefit of the System
programs administered by the United States Fish and Wildlife
Service.
(2) Gifts, devises, and bequests for particular facilities.--
(A) Disbursal.--Any gift, devise, or bequest made for the
benefit of a facility of the System shall be disbursed only for
the benefit of that facility and without further
appropriations.
(B) Matching.--Subject to the availability of
appropriations and the requirements of the Fish and Wildlife
Coordination Act (16 U.S.C. 661 et seq.) and other applicable
law, the Secretary may provide funds to match gifts, devises,
and bequests made for the benefit of a facility of the System.
With respect to each gift, devise, or bequest, the amount of
Federal funds may not exceed the amount (or, in the case of
property or in-kind services, the fair market value) of the
gift, devise, or bequest.
SEC. 4. VOLUNTEER ENHANCEMENT PILOT PROJECTS.
(a) In General.--Subject to the availability of appropriations, the
Secretary of the Interior shall carry out a pilot project at 1 or more
facilities of the System. Each pilot project shall provide for a
volunteer coordinator for the hatchery facility. The volunteer
coordinator shall be responsible for recruiting, training, and
supervising volunteers. The volunteer coordinator may be responsible
for assisting partner organizations in developing projects and programs
under cooperative agreements under section 7(d) of the Fish and
Wildlife Act of 1956 (16 U.S.C. 742f(d)) and coordinating volunteer
activities with partner organizations to carry out the projects and
programs.
(b) Report.--Not later than 3 years after the date of the enactment
of this Act, the Secretary shall submit a report to the Committee on
Resources of the House of Representatives and the Committee on
Environment and Public Works of the Senate evaluating and making
recommendations regarding the pilot projects.
SEC. 5. COMMUNITY PARTNERSHIP ENHANCEMENT.
(a) Projects and Programs.--Subject to the requirements of the Fish
and Wildlife Coordination Act (16 U.S.C. 661 et seq.) and other
applicable law, and such terms and conditions as the Secretary of the
Interior determines to be appropriate, the Secretary may approve
projects and programs for a facility of the System that--
(1) promote the stewardship of resources of the hatchery
through habitat maintenance, restoration, and improvement,
biological monitoring, or research;
(2) support the operation and maintenance of the hatchery
through constructing, operating, maintaining, or improving the
facilities and services of the hatchery;
(3) increase the awareness and understanding of the hatchery
and the System, through the development, publication, or
distribution of educational materials and products;
(4) advance education concerning the purposes of the hatchery
and the mission of the System, through the use of the hatchery as
an outdoor classroom and development of other educational programs;
or
(5) contribute financial resources to the hatchery, under the
terms that require that the net revenues be used exclusively for
the benefit of the hatchery, through donation of net revenues from
the sale of educational materials and products and through
encouragement of gifts, devises, and bequests.
(b) Treasury Account.--Amounts received by the Secretary of the
Interior as a result of projects and programs under subsection (a)
shall be deposited in a separate account in the Treasury. Amounts in
the account that are attributable to activities at a particular
facility of the System shall be available to the Secretary of the
Interior, without further appropriation, to pay the costs of incidental
expenses related to volunteer activities, and to carry out cooperative
agreements for the hatchery facility.
SEC. 6. HATCHERY EDUCATION PROGRAM DEVELOPMENT.
(a) Guidance.--Not later than 1 year after the date of enactment of
this Act, the Secretary of the Interior shall develop guidance for the
hatchery education programs to further the mission of the System and
the purposes of individual hatcheries through--
(1) providing outdoor classroom opportunities for students on
fish hatcheries that combine educational curricula with the
personal experiences of students relating to fish, aquatic species,
and their habitat, and to the cultural and historical resources of
the hatcheries;
(2) promoting understanding and conservation of fish, aquatic
species, and the cultural and historical resources of the
hatcheries; and
(3) improving scientific literacy in conjunction with both
formal and nonformal education programs.
(b) Hatchery Programs.--Based on the guidance developed under
subsection (a), the Secretary of the Interior may, with assistance from
the Fish and Wildlife Management Assistance Program, develop or enhance
hatchery educational programs as appropriate, based on the resources of
individual hatcheries and the opportunities available for such programs
in State, local, and private schools. In developing and implementing
each program, the Secretary should cooperate with State and local
education authorities, and may cooperate with partner organizations in
accordance with subsection (d).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | National Fish Hatchery System Volunteer Act of 2006 - Authorizes the Secretary of the Interior to accept gifts for the benefit of the National Fish Hatchery System, allowing restrictive or affirmative covenants or conditions of servitude. Allows the gifts and their proceeds to be spent without further appropriation.
Directs the Secretary, subject to the availability of appropriations, to: (1) carry out volunteer enhancement pilot projects at one or more System facilities; and (2) develop guidance for hatchery education programs.
Authorizes the Secretary to approve community partnership enhancement projects and programs for a System facility.
Directs the Secretary to develop guidance for the hatchery education programs to further the mission of the system and the purposes of individual hatcheries. Authorizes the Secretary to develop or enhance hatchery education programs. | {"src": "billsum_train", "title": "To enhance an existing volunteer program of the United States Fish and Wildlife Service and promote community partnerships for the benefit of national fish hatcheries and fisheries program offices."} | 1,770 | 168 | 0.63124 | 1.787877 | 0.773312 | 3.363014 | 11.054795 | 0.910959 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Credit and Development Act of
1994''.
SEC. 2. REFERENCES TO THE FARM CREDIT ACT OF 1971.
Whenever in this Act an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or other
provision of the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.),
except to the extent otherwise provided.
TITLE I--CREDIT FOR RURAL BUSINESS ENTERPRISES
SEC. 101. PURCHASES OF LOANS FROM NON-SYSTEM LENDERS.
(a) Farm Credit Banks.--Section 1.5(16) U.S.C. 2013(16)) is amended
by--
(1) striking out ``sell to lenders that are not Farm Credit
System institutions interests in loans'' and inserting in lieu
thereof ``buy from and sell to entities that are not Farm
Credit System institutions loans and interests in loans that
the bank or the associations in its district are authorized to
make under this Act''; and
(2) inserting before the semicolon at the end the
following: ``: Provided, That the provisions of section 4.36
and part C of title IV shall not apply to loans and interests
in loans purchased from entities that are not Farm Credit
System institutions''.
(b) Production Credit Associations.--Section 2.2(11) (12 U.S.C.
2073(11)) is amended by--
(1) inserting ``and buy from entities that are not Farm
Credit System institutions loans and interests in loans that
the association is authorized to make under this title,'' after
``and nonvoting stock,''; and
(2) inserting before the semicolon at the end thereof the
following: ``: Provided, That the provisions of section 4.36
and part C of title IV shall not apply to loans and interests
in loans purchased from entities that are not Farm Credit
System institutions''.
(c) Exception to Stock Purchase Requirement.--Section
4.3A(c)(1)(E)(i) (12 U.S.C. 2154a(c)(1)(E)(i)) is amended by inserting
before the semicolon at the end thereof the following: ``: Provided,
That no voting stock or participation certificates shall be required
for loans or interests in loans purchased by the institution from
entities that are not Farm Credit System institutions''.
SEC. 102. IMPROVING THE AVAILABILITY OF CREDIT FOR FARM-RELATED
BUSINESSES.
(a) In General.--
(1) FCB borrower eligibility.--Section 1.9(2) (12 U.S.C.
2017(2)) is amended by striking out ``directly related to their
on-farm operating needs'' and by inserting ``goods and''
immediately before ``services''.
(2) FCB loan purchases.--Section 1.11(c) (12 U.S.C.
2019(c)) is amended by--
(A) in paragraph (1), striking out ``directly
related to their on-farm operating needs'' and by
inserting ``goods and'' immediately before ``services''
each place it appears; and
(2) in the title, inserting ``Goods and'' before
``Services.''.
(3) Production credit associations.--Section 2.4(a)(3) (12
U.S.C. 2075(a)(3)) is amended by striking out ``directly
related to their on-farm operating needs'' and by inserting
``goods and'' immediately before ``services''.
(b) Related Services.--
(1) Farm credit banks.--Section 1.12(a) (12 U.S.C. 2020(a))
is amended by striking out ``appropriate to their on-farm and
aquatic operations''.
(2) Production credit associations.--Section 2.5 (12 U.S.C.
2076) is amended by striking out ``appropriate to their on-farm
and aquatic operations''.
SEC. 103. COOPERATIVE-RELATED BUSINESS FINANCING.
Section 3.7(b) (12 U.S.C. 2128(b)) is amended by--
(1) redesignating paragraphs (2) and (3) as paragraphs (3)
and (4), respectively;
(2) inserting after paragraph (1) a new paragraph (2) as
follows:
``(2)(A) A bank for cooperatives is authorized to make or
participate in loans and commitment to, and extend other technical and
financial assistance to, any legal entity providing any of the farm-
related services or products of the type described in subparagraph (B)
when such loan, commitment, or assistance will provide a direct and
material benefit to an association that is an eligible cooperative
association under section 3.8(a): Provided, That any such loan or
commitment may be made, or assistance extended, to a legal entity only
if--
``(i) the eligible cooperative association certifies to the
satisfaction of the bank for cooperatives that a material
business relationship exists between it and the legal entity
and that it receives a direct and material benefit as a result
of that relationship; and
``(ii) the cumulative amount of all such loans,
commitments, and assistance to the legal entity do not exceed
10 percent of the bank's total capital,
``(B) The services or products provided by a legal entity that
shall enable such legal entity to be eligible for financing under
subparagraph (A) are those services or products involved in the
processing, preparing for market, handling, or marketing of farm or
aquatic products, or in the purchasing, testing, grading, process,
distributing, or furnishing of farm or aquatic supplies, or in the
furnishing of farm or aquatic business services to, or in other ways
adding value to the products or services of, eligible cooperative
associations.''; and
(3) in paragraph (4), as redesignated by paragraph (1),
striking out ``paragraphs (1) and (2)'' and inserting in lieu
thereof ``paragraphs (1) and (3)''.
TITLE II--CREDIT FOR RURAL INFRASTRUCTURE
SEC. 201. RURAL COMMUNITY FACILITY LENDING BY FARM CREDIT BANKS AND
DIRECT LONG-TERM LENDING ASSOCIATIONS.
(a) Lending Authority.--Section 1.7 (12 U.S.C. 2015) is amended by
adding at the end a new subsection as follows:
``(c) Community Facility Loans.--In order to facilitate needed
improvements in the infrastructure of rural United States, the Farm
Credit Banks may make and participate with other lenders in community
facility loans as described in section 1.11(d).''.
(b) Eligible Borrowers.--Section 1.9 (12 U.S.C. 2017), as amended
by section 102(a)(1) of this Act, is further amended by--
(1) striking out ``or'' at the end of paragraph (2);
(2) striking out the period at the end of paragraph (3) and
inserting in lieu thereof ``; or''; and
(3) adding at the end the following new paragraph:
``(4) persons or public and quasi-public agencies and
bodies, and other public and private entities, that, under
authority of State or local law, establish or operate water or
waste disposal facilities, pollution abatement and control
facilities and programs, or other essential community
facilities in rural areas.''.
(c) Loan Terms and Security.--Section 1.10 (12 U.S.C. 2018) is
amended by--
(1) in subsection (a)(2), striking out ``this section'' and
inserting in lieu thereof ``section 1.7(a)'';
(2) in subsection (b), inserting ``and loans made under the
authority of section 1.7(c)'' after ``other than real estate
loans''; and
(3) adding at the end a new subsection as follows:
``(c) Community Facility Loans.--Loans made under the authority of
section 1.7(c) shall be for such terms and on such security (if any) as
made be prescribed by policies adopted by the board of directors of the
bank.''.
(d) Purposes for Extension of Credit.--Section 1.11 (12 U.S.C.
2019) is amended by--
(1) in subsection (a)(1), inserting ``, other than loans
under section 1.7(c),'' after ``Loans'';
(2) in subsection (b)(2), striking out ``this title'' and
inserting in lieu thereof ``section 1.7(a)''; and
(3) adding at the end a new subsection as follows:
``(d) Community Facilities.--The Farm Credit Banks may make and
participate with other lenders in loans for the purpose of
constructing, installing, maintaining, expanding, improving, or
operating water or waste disposal facilities, pollution abatement and
control facilities and programs, or other essential community
facilities, including necessary related equipment, in rural areas:
Provided, That, for purposes of this subsection, the term ``rural
area'' means all territory of a State that is not within the outer
boundary of any city or town having a population of more than 20,000
based on the latest decennial census of the United States.''.
(e) Conforming Amendments.--Section 7.6 (12 U.S.C. 2279b) is
amended by--
(1) in the material preceding paragraph (1) of subsection
(a), inserting ``direct lending'' before ``authority'', and
striking out ``, to make and participate in long-term real
estate mortgage loans'';
(2) in paragraph (1) of subsection (b)--
(A) striking out ``long-term real estate mortgage
loan authority,'' and inserting in lieu thereof
``lending authority''; and
(B) inserting after ``transferring bank,'' the
following: ``and shall possess the powers described in
paragraphs (12) and (16) of section 1.5 in connection
with such lending authority,''; and
(3) adding at the end the following new subsection as
follows:
``(e) Transfers of Additional Authorities.--Whenever a transfer of
direct lending authority under subsection (a) or (d) has occurred prior
to the date of enactment of this subsection, including a transfer of
direct lending authority to an association resulting from a merger
under section 411 of the Agricultural Credit Act of 1987, any direct
lending authority conferred on any bank described in subsection (a) or
(d) on or after the date of enactment of this subsection shall
automatically transfer to the transferee association at the time the
authority is conferred on the bank.''.
SEC. 202. BANK FOR COOPERATIVE FINANCING OF UTILITY-RELATED SERVICES.
Section 3.7(a) (12 U.S.C. 2128(a)) is amended by adding before the
period at the end of the third sentence the following: ``; and each
bank may make or participate in loans or commitments and extend other
technical and financial assistance to other parties for electric power
generation and transmission operations and projects that provide, to
entities eligible to borrow from the bank under section 3.8, power,
power generation byproducts, or other related benefits or services that
are of material economic benefit to such eligible entities''.
TITLE III--CREDIT FOR RURAL HOUSING
SEC. 301. IMPROVING THE AVAILABILITY OF CREDIT FOR RURAL HOME BUYERS.
(a) Population Limitations.--
(1) Farm credit banks.--Section 1.11(b)(3) (12 U.S.C.
2019(b)(3)) is amended by striking out ``2,500 inhabitants''
and inserting in lieu thereof ``20,000 inhabitants''.
(2) Production credit associations.--Section 2.4(b)(3) (12
U.S.C. 2075(b)(3)) is amended by striking out ``2,500
inhabitants'' and inserting in lieu thereof ``20,000
inhabitants''.
(3) Conforming change.--Section 8.0(1)(B)(i) (12 U.S.C.
2279aa(1)(B)(i)) is amended by striking out ``2,500
inhabitants'' and inserting in lieu thereof ``20,000
inhabitants''.
(b) Percentage of Loan Portfolio.--
(1) Farm credit banks.--Section 1.11(b)(2) (12 U.S.C.
2019(b)(2)) is amended by striking out ``15 percent'' and
inserting in lieu thereof ``20 percent''.
(2) Production credit associations.--Section 2.4(b)(2) (12
U.S.C. 2075(b)(2)) is amended by striking out ``15 percent''
each place it appears and inserting in lieu thereof ``20
percent''.
(c) Home Equity Financing.--
(1) Farm credit banks.--
(A) First lien requirement.--Section 1.10(a)(2) (12
U.S.C. 2018(a)(2)), as amended by section 201(c)(1) of
this Act, is further amended by striking out ``All''
and inserting in lieu thereof ``Except with respect to
loans made to rural residents for personal, family, or
household needs other than rural housing financing,
all''.
(B) Lending authority.--Section 1.11(b)(1) (12
U.S.C. 2019(b)(1)) is amended by inserting ``and other
personal, family, or household needs'' after ``housing
financing''.
(2) Production credit associations.--Section 2.4(a)(2) (12
U.S.C. 2075(a)(2)) is amended by inserting ``and other
personal, family, or household needs'' after ``housing
financing''. | TABLE OF CONTENTS:
Title I: Credit for Rural Business Enterprises
Title II: Credit for Rural Infrastructure
Title III: Credit for Rural Housing
Rural Credit and Development Act of 1994 -
Title I: Credit for Rural Business Enterprises
- Amends the Farm Credit Act of 1971 to permit farm credit banks and production credit associations to purchase loans and loan interests from non-Farm Credit System institutions.
Enlarges the scope of farm-related business for credit availability purposes.
Authorizes banks for cooperatives to provide loans and other financial services to entities providing certain farm-related services or products under specified conditions.
Title II: Credit for Rural Infrastructure
- Authorizes Farm Credit banks to make community facility loans.
Authorizes banks for cooperatives to finance utility-related services.
Title III: Credit for Rural Housing
- Enlarges rural housing credit availability by: (1) increasing eligible population areas; (2) increasing farm credit bank and production credit association loan portfolios for non-farmer rural housing loans; and (3) authorizing loans to rural residents for personal, family, or household needs other than housing finance. | {"src": "billsum_train", "title": "Rural Credit and Development Act of 1994"} | 3,153 | 228 | 0.577435 | 1.579061 | 0.77648 | 2.473451 | 11.70354 | 0.853982 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Tribute to Constance
Baker Motley Act of 2013''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Constance Baker Motley was born in 1921, in New Haven,
Connecticut, the daughter of immigrants from the Caribbean
island of Nevis.
(2) In 1943, Constance Baker Motley graduated from New York
University with a Bachelor of Arts degree in economics.
(3) Upon receiving a law degree from Columbia University in
1946, Constance Baker Motley became a staff attorney at the
National Association for the Advancement of Colored People
Legal Defense and Educational Fund, Inc. (in this Act referred
to as the ``LDF''), and fought tirelessly for 2 decades
alongside Thurgood Marshall and other leading civil rights
lawyers to dismantle segregation throughout the United States.
(4) Constance Baker Motley was the only female attorney on
the LDF legal team that won the landmark desegregation case,
Brown v. Board of Education, 347 U.S. 483 (1954).
(5) In addition to writing briefs in Brown v. Board of
Education, Motley was trial or appellate counsel in 57 civil
rights cases in the United States Supreme Court, 82 cases in
Federal courts of appeals, 48 cases in Federal district courts,
and numerous cases in State courts. She argued four appeals in
desegregation cases in one day. She won cases that ended de
jure segregation in White only restaurants and lunch counters.
She protected the right of protestors to march, sit-in, freedom
ride, and demonstrate in other ways. She represented Dr. Martin
Luther King, Jr., and other jailed civil rights activists and
forced their release when they were arrested and locked up in
Southern jails. She secured the right for Blacks to register,
vote, and have access to the political power structure. She won
education desegregation cases in almost every State in the
South and the District of Columbia and secured the right for
Blacks to attend formerly all White public schools, colleges,
and universities including the representation of James Meredith
against the University of Mississippi, Charlayne Hunter Gault
and Hamilton Holmes against the University of Georgia,
Autherine Lucy against the University of Alabama, Harvey Gantt
against Clemson College, and Ernest Morial against Louisiana
State University. Without her victories in the courtroom, the
goal of ending racial segregation in public schools, colleges,
and universities, public accommodations, and voting--a goal of
the Civil Rights Movement--may not have been achieved.
(6) As the country celebrates the 50th Anniversary of the
``Birmingham Movement'', it is noted that Motley was the
attorney who went South and represented Dr. King, defended his
right to march in Birmingham, Alabama, and Albany, Georgia, and
obtained the court order which mandated the reinstatement of
over 1,000 school children who had been expelled from school
for demonstrating with Dr. King in Birmingham fifty years ago.
She represented ``Freedom Riders'' who rode buses to test the
Supreme Court's 1960 ruling prohibiting segregation in
interstate transportation. She protected the right of Blacks to
ride and sit in any vacant seat on buses and trains, to use
bathroom facilities and drink from fountains in bus and train
stations, to be served and eat at lunch counters and
restaurants, to vote, stay in hotels, and to go to parks,
museums, and places of public accommodations on an equal basis
with Whites. She won the case in the Supreme Court that led to
the reversal of all arrests and convictions of all of the
thousands of sit-in activists.
(7) Constance Baker Motley argued 10 major civil rights
cases before the Supreme Court, winning all but one.
(8) Constance Baker Motley's only loss before the United
States Supreme Court was in Swain v. Alabama, 380 U.S. 202
(1965), a case in which the Supreme Court refused to proscribe
race-based peremptory challenges in cases involving African-
American defendants, and which was later reversed in Batson v.
Kentucky, 476 U.S. 79 (1986), on grounds that were largely
asserted by Constance Baker Motley in the Swain case.
(9) In 1964, Constance Baker Motley became the first
African-American woman elected to the New York State Senate.
(10) In 1965, Constance Baker Motley became the first
African-American woman, and the first woman, to serve as
president of the Borough of Manhattan.
(11) Constance Baker Motley, in her capacity as an elected
public official in New York, continued to fight for civil
rights, dedicating herself to the revitalization of the inner
city and improvement of urban public schools and housing.
(12) In 1966, Constance Baker Motley was appointed by
President Lyndon B. Johnson as a judge on the United States
District Court for the Southern District of New York.
(13) The appointment of Constance Baker Motley made her the
first African-American woman, and only the fifth woman,
appointed and confirmed for a Federal judgeship.
(14) In 1982, Constance Baker Motley was elevated to Chief
Judge of the United States District Court for the Southern
District of New York, the largest Federal trial court in the
United States.
(15) Constance Baker Motley assumed senior status in 1986,
and continued serving on the United States District Court for
the Southern District of New York with distinction for nearly 2
decades.
(16) Constance Baker Motley passed away on September 28,
2005, and is survived by her son, Joel Motley III, her 3
grandchildren, her brother, Edward Baker of Florida, and her
sisters Eunice Royster and Marian Green, of New Haven,
Connecticut.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The President pro tempore of the
Senate and the Speaker of the House of Representatives are authorized
to make appropriate arrangements for the posthumous presentation, on
behalf of Congress, of a gold medal of appropriate design in
commemoration of Constance Baker Motley, in recognition of her enduring
contributions and service to the United States.
(b) Design and Striking.--For the purpose of the presentation
referred to in subsection (a), the Secretary of the Treasury (in this
Act referred to as the ``Secretary'') shall strike a gold medal with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary.
SEC. 4. DUPLICATE MEDALS.
Under such regulations as the Secretary may prescribe, the
Secretary may strike and sell duplicates in bronze of the gold medal
struck under section 3, at a price sufficient to cover the cost
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the gold medal.
SEC. 5. NATIONAL MEDALS.
(a) National Medal.--The medal struck under section 3 is a national
medal for purposes of chapter 51 of title 31, United States Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all duplicate medals struck under section 4 shall
be considered to be numismatic items.
SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
(a) Authority To Use Fund Amounts.--There is authorized to be
charged against the United States Mint Public Enterprise Fund such
amounts as may be necessary to pay for the cost of the medals struck
under this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals under section 4 shall be deposited in the United States
Mint Public Enterprise Fund. | Congressional Tribute to Constance Baker Motley Act of 2013 - Authorizes the President Pro Tempore of the Senate and the Speaker of the House of Representatives to make appropriate arrangements for the posthumous presentation, on behalf of Congress, of a gold medal in commemoration of Constance Baker Motley (civil rights attorney at the National Association for the Advancement of Colored People Legal Defense and Educational Fund, Inc., first African-American woman elected to the New York State Senate, and Chief Judge on the U.S. District Court for the Southern District of New York), in recognition of her enduring contributions and service to the United States. | {"src": "billsum_train", "title": "Congressional Tribute to Constance Baker Motley Act of 2013"} | 1,715 | 143 | 0.473815 | 1.68384 | 0.502088 | 6.347826 | 13.46087 | 0.991304 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Homeland Security
Procurement Improvement Act of 2007''.
SEC. 2. HOMELAND SECURITY PROCUREMENT TRAINING.
(a) In General.--Subtitle D of title VIII of the Homeland Security
Act of 2002 is amended by adding at the end the following new section:
``SEC. 836. HOMELAND SECURITY PROCUREMENT TRAINING.
``(a) Establishment.--The Chief Procurement Officer shall provide
homeland security procurement training to acquisition employees.
``(b) Responsibilities of Chief Procurement Officer.--The Chief
Procurement Officer shall carry out the following responsibilities:
``(1) Establish objectives to achieve the efficient and
effective use of available acquisition resources by
coordinating the acquisition education and training programs of
the Department and tailoring them to support the careers of
acquisition employees.
``(2) Develop, in consultation with the Council on
Procurement Training established under subsection (d), the
curriculum of the homeland security procurement training to be
provided.
``(3) Establish, in consultation with the Council on
Procurement Training, training standards, requirements, and
courses to be required for acquisition employees.
``(4) Establish an appropriate centralized mechanism to
control the allocation of resources for conducting such
required courses and other training and education.
``(5) Select course providers and certify courses to ensure
that the procurement training curriculum supports a coherent
framework for the educational development of acquisition
employees, including the provision of basic, intermediate, and
advanced courses, as well as training on the SAFETY Act (6
U.S.C. 441).
``(6) Publish an annual catalog that includes a list of the
acquisition education and training courses.
``(7) Develop a system of maintaining records of student
enrollment, and other data related to students and courses
conducted pursuant to this section.
``(c) Provision of Instruction.--The Chief Procurement Officer
shall provide procurement training to acquisition employees of any
agency under subsection (d)(3). The appropriate member of the Council
on Procurement Training may direct such an employee to receive
procurement training.
``(d) Council on Procurement Training.--
``(1) Establishment.--The Secretary shall establish a
Council on Procurement Training to advise and make policy and
curriculum recommendations to the Chief Procurement Officer.
``(2) Chair of council.--The chair of the Council on
Procurement Training shall be the Deputy Chief Procurement
Officer.
``(3) Members.--The members of the Council on Procurement
Training are the chief procurement officers of each of the
following:
``(A) United States Customs and Border Protection.
``(B) The Transportation Security Administration.
``(C) The Office of Procurement Operations.
``(D) The Bureau of Immigration and Customs
Enforcement.
``(E) The Federal Emergency Management Agency.
``(F) The Coast Guard.
``(G) The Federal Law Enforcement Training Center.
``(H) The United States Secret Service.
``(I) Such other entity as the Secretary determines
is appropriate.
``(e) Acquisition Employee Defined.--For purposes of this section,
the term `acquisition employee' means an employee serving under a
career or career-conditional appointment in the competitive service or
appointment of equivalent tenure in the excepted service of the Federal
Government, at least 50 percent of whose assigned duties include
acquisitions, procurement-related program management, or procurement-
related oversight functions.
``(f) Report Required.--Not later than March 1 of each year, the
Chief Procurement Officer shall submit to the Secretary a report on the
procurement training provided under this section, which shall include
information about student enrollment, students who enroll but do not
attend courses, graduates, certifications, and other relevant
information.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end of the items relating to such
subtitle the following:
``Sec. 836. Homeland security procurement training.''.
SEC. 3. CONTRACTING REQUIREMENTS.
(a) In General.--Such subtitle is further amended by adding at the
end the following:
``SEC. 837. CONTRACTING REQUIREMENTS.
``(a) Attestation Required.--The Secretary shall require any
offeror for any contract to provide goods or services to the Department
to submit as part of the offeror's bid for such contract an attestation
that affirmatively discloses any substantial role the offeror, the
employees of the offeror, or any corporate parent or subsidiary of the
offeror may have played in creating a solicitation, request for
proposal, statement of work, or statement of objectives (as those terms
are defined in the Federal Acquisition Regulation) for the Department.
``(b) Additional Requirements for Certain Offerors.--If an offeror
submits an attestation under subparagraph (a) that discloses that the
offeror, the employees of the offeror, or any corporate parent or
subsidiary of the offeror played a substantial role in creating a
solicitation, request for proposal, statement of work, or statement of
objectives for the Department, the Secretary shall require the offeror
to submit to the Secretary a description of the safeguards used to
ensure that precautions were in place to prevent the offeror from
receiving information through such role that could be used to provide
the offeror an undue advantage in submitting an offer for a contract.
``(c) Certification Requirements.--
``(1) In general.--The Secretary shall require any offeror
for any contract to provide goods or services to the Department
to submit to the Secretary as part of the offeror's bid for
such contract a certification in writing whether, as of the
date on which the certification is submitted, the offeror--
``(A) is in default on any payment of any tax to
the Federal Government; or
``(B) owes the Federal Government for any payment
of any delinquent tax.
``(2) Failure of certification.--Nothing in this section
shall prevent the Department from awarding a contract to an
offeror based solely on the offeror's certification.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is further amended by adding at the end of the items relating
to such subtitle the following:
``Sec. 837. Contracting requirements.''.
SEC. 4. ADDITIONAL REQUIREMENTS TO REVIEW PAST PERFORMANCE OF
CONTRACTORS.
(a) In General.--Such subtitle is further amended by adding at the
end the following new section:
``SEC. 838. REVIEW OF CONTRACTOR PAST PERFORMANCE.
``(a) Consideration of Contractor Past Performance.--In awarding a
contract to a contractor, the Secretary shall consider the past
performance of that contractor based on the review conducted under
subsection (b).
``(b) Review Required.--Before awarding to a contractor (including
a contractor that has previously provided goods or services to the
Department) a contract to provide goods or services to the Department,
the Secretary, acting through the appropriate contracting officer of
the Department, shall require the contractor to submit information
regarding the contractor's performance of Federal, State, and local
government and private sector contracts.
``(c) Contact of Relevant Officials.--As part of any review of a
contractor conducted under subsection (b), the Secretary, acting
through an appropriate contracting officer of the Department, shall
contact the relevant official who administered or oversaw each contract
performed by that contractor during the five-year period preceding the
date on which the review begins.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end of the items relating to such
subtitle the following:
``Sec. 838. Review of contractor past performance.''.
SEC. 5. PURCHASE CARDS.
(a) Review Required.--Not later than 30 days after the date of the
enactment of this Act, the Secretary shall--
(1) review and strengthen the policy governing the use of
purchase cards that the Department provides to employees of the
Department for use in conducting official business; and
(2) issue Department-wide guidance on such policy.
(b) Distribution of Policy.--The Secretary shall distribute the
policy or guidance developed under subsection (a) to each employee who
possesses or is entitled to possess a purchase card provided by the
Department.
(c) Requirement to Inform Employees.--Upon distribution of the
policy or guidance under subsection (b), the Secretary shall ensure
that all employees of the Department who are entitled to possess a
purchase card issued by the Department have reviewed the policy or
guidance.
SEC. 6. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF HOMELAND SECURITY
CONTRACTING.
Not later than 6 months after the date of the enactment of this
Act, the Comptroller General shall submit to Congress a report on the
contracting processes of the Department of Homeland Security. The
report shall contain the findings of the Comptroller General with
respect to any improvements in such processes that could be made
through the use of new technologies. | Department of Homeland Security Procurement Improvement Act of 2007 - Amends the Homeland Security Act of 2002 to require: (1) the Chief Procurement Officer to provide homeland security procurement training to acquisition employees, including establishing training objectives, standards, requirements, and courses; and (2) the Secretary of Homeland Security to establish a Council on Procurement Training to make policy and training curriculum recommendations.
Directs the Secretary to require any offeror for a contract to provide goods or services to the Department of Homeland Security (DHS) to submit, as part of the offeror's bid: (1) an attestation disclosing any substantial role the offeror, the offeror's employees, or any corporate parent or subsidiary may have played in creating a solicitation, request for proposal, or statement of work or objectives for DHS; (2) a description of safeguards used to prevent the offeror from receiving information through such role that could provide an undue advantage in submission of a contract offer; and (3) a written certification indicating whether the offeror is in default or delinquent on any tax payment to the federal government.
Requires the Secretary to: (1) consider the contractor's past performance based on a review of information submitted regarding performance of government and private sector contracts; and (2) contact the relevant official who administered each such contract performed during the five-year period preceding the review.
Requires the Secretary to review, strengthen, and issue DHS-wide guidance on the policy governing the use of DHS purchase cards by employees to conduct official business.
Directs the Comptroller General to report to Congress on DHS contracting processes. | {"src": "billsum_train", "title": "To amend the Homeland Security Act of 2002 to enhance the procurement-related activities of the Department of Homeland Security, and for other purposes."} | 2,074 | 351 | 0.55883 | 1.66499 | 0.798705 | 3.470968 | 6.012903 | 0.948387 |
SECTION 1. DIVIDENDS AND INTEREST OF INDIVIDUALS TAXED AT CAPITAL GAIN
RATES.
(a) In General.--Section 1(h) of the Internal Revenue Code of 1986
(relating to maximum capital gains rate) is amended by adding at the
end the following new paragraph:
``(13) Dividends and interest taxed as net capital gain.--
``(A) In general.--For purposes of this subsection,
the term `net capital gain' means net capital gain
(determined without regard to this paragraph),
increased by qualified dividend income and qualified
interest income.
``(B) Qualified dividend income.--For purposes of
this paragraph--
``(i) In general.--The term `qualified
dividend income' means dividends received from
domestic corporations during the taxable year.
``(ii) Certain dividends excluded.--Such
term shall not include--
``(I) any dividend from a
corporation which for the taxable year
of the corporation in which the
distribution is made, or the preceding
taxable year, is a corporation exempt
from tax under section 501 or 521,
``(II) any amount allowed as a
deduction under section 591 (relating
to deduction for dividends paid by
mutual savings banks, etc.), and
``(III) any dividend described in
section 404(k).
``(iii) Minimum holding period.--Such term
shall not include any dividend on any share of
stock with respect to which the holding period
requirements of section 246(c) are not met.
``(C) Qualified interest income.--For purposes of
this paragraph, the term `qualified interest income'
means--
``(i) interest on deposits with a bank (as
defined in section 581),
``(ii) amounts (whether or not designated
as interest) paid, in respect of deposits,
investment certificates, or withdrawable or
repurchasable shares, by--
``(I) a mutual savings bank,
cooperative bank, domestic building and
loan association, industrial loan
association or bank, or credit union,
or
``(II) any other savings or thrift
institution which is chartered and
supervised under Federal or State law,
the deposits or accounts in which are insured
under Federal or State law or which are
protected and guaranteed under State law,
``(iii) interest on--
``(I) evidences of indebtedness
(including bonds, debentures, notes,
and certificates) issued by a domestic
corporation in registered form, and
``(II) to the extent provided in
regulations prescribed by the
Secretary, other evidences of
indebtedness issued by a domestic
corporation of a type offered by
corporations to the public,
``(iv) interest on obligations of the
United States, a State, or a political
subdivision of a State (not excluded from gross
income of the taxpayer under any other
provision of law), and
``(v) interest attributable to
participation shares in a trust established and
maintained by a corporation established
pursuant to Federal law.
``(D) Special rules.--
``(i) Amounts taken into account as
investment income.--Qualified dividend income
and qualified interest income shall not include
any amount which the taxpayer takes into
account as investment income under section
163(d)(4)(B).
``(ii) Nonresident aliens.--In the case of
a nonresident alien individual, subparagraph
(A) shall apply only--
``(I) in determining the tax
imposed for the taxable year pursuant
to section 871(b) and only in respect
of amounts which are effectively
connected with the conduct of a trade
or business within the United States,
and
``(II) in determining the tax
imposed for the taxable year pursuant
to section 877.
``(iii) Treatment of dividends from
regulated investment companies and real estate
investment trusts.--
``For treatment of dividends from
regulated investment companies and real estate investment trusts, see
sections 854 and 857.''
(b) Exclusion of Dividends and Interest From Investment Income.--
Subparagraph (B) of section 163(d)(4) of the Internal Revenue Code of
1986 (defining net investment income) is amended by adding at the end
the following flush sentence:
``Such term shall include qualified dividend income (as
defined in section 1(h)(13)(B)) or qualified interest
income (as defined in section 1(h)(13)(C)) only to the
extent the taxpayer elects to treat such income as
investment income for purposes of this subsection.''
(c) Treatment of Dividends From Regulated Investment Companies.--
(1) Subsection (a) of section 854 of the Internal Revenue
Code of 1986 (relating to dividends received from regulated
investment companies) is amended by inserting ``section
1(h)(13) (relating to maximum rate of tax on dividends and
interest) and'' after ``For purposes of''.
(2) Paragraph (1) of section 854(b) of such Code (relating
to other dividends) is amended by redesignating subparagraph
(B) as subparagraph (C) and by inserting after subparagraph (A)
the following new subparagraph:
``(B) Maximum rate under section 1(h).--
``(i) In general.--If the sum of the
aggregate dividends received, and the aggregate
interest described in section 1(h)(13)(C)
received, by a regulated investment company
during any taxable year is less than 95 percent
of its gross income, then, in computing the
maximum rate under section 1(h)(13), rules
similar to the rules of subparagraph (A) shall
apply.
``(ii) Gross income.--For purposes of
clause (i), in the case of 1 or more sales or
other dispositions of stock or securities, the
term `gross income' includes only the excess
of--
``(I) the net short-term capital
gain from such sales or dispositions,
over
``(II) the net long-term capital
loss from such sales or dispositions.''
(3) Subparagraph (C) of section 854(b)(1) of such Code, as
redesignated by paragraph (2), is amended by striking
``subparagraph (A)'' and inserting ``subparagraph (A) or (B)''.
(4) Paragraph (2) of section 854(b) of such Code is amended
by inserting ``the maximum rate under section 1(h)(13) and''
after ``for purposes of''.
(d) Treatment of Dividends Received From Real Estate Investment
Trusts.--Section 857(c) of the Internal Revenue Code of 1986 (relating
to restrictions applicable to dividends received from real estate
investment trusts) is amended to read as follows:
``(c) Restrictions Applicable to Dividends Received From Real
Estate Investment Trusts.--
``(1) In general.--For purposes of section 1(h)(13)
(relating to maximum rate of tax on dividends and interest) and
section 243 (relating to deductions received by corporations),
a dividend received from a real estate investment trust which
meets the requirements of this part shall not be considered a
dividend.
``(2) Treatment as interest.--
``(A) In general.--For purposes of section
1(h)(13), in the case of a dividend (other than a
capital gain dividend, as defined in subsection
(b)(3)(C)) received from a real estate investment trust
which meets the requirements of this part for the
taxable year in which it paid--
``(i) such dividend shall be treated as
interest if the aggregate interest received by
the real estate investment trust for the
taxable year equals or exceeds 75 percent of
its gross income, or
``(ii) if clause (i) does not apply, the
portion of such dividend which bears the same
ratio to the amount of such dividend as the
aggregate interest received bears to gross
income shall be treated as interest.
``(B) Adjustments to gross income and aggregate
interest received.--For purposes of subparagraph (B)--
``(i) gross income does not include the net
capital gain,
``(ii) gross income and aggregate interest
received shall each be reduced by so much of
the deduction allowable by section 163 for the
taxable year (other than for interest on
mortgages on real property owned by the real
estate investment trust) as does not exceed
aggregate interest received by the taxable
year, and
``(iii) gross income shall be reduced by
the sum of the taxes imposed by paragraphs (4),
(5), and (6) of section 857(b).
``(C) Aggregate interest received.--For purposes of
this subsection, aggregate interest received shall be
computed by taking into account only interest which is
described in section 1(13)(C).
``(D) Notice to shareholders.--The amount of any
distribution by a real estate investment trust which
may be taken into account as interest for purposes of
section 1(h)(13) shall not exceed the amount so
designated by the trust in a written notice to its
shareholders mailed not later than 45 days after the
close of its taxable year.''
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002. | Amends the Internal Revenue Code to provide that dividends and interest income shall be taxed as net capital gain. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide that dividend and interest income of individuals not be taxed at rates in excess of the maximum capital gains rate."} | 2,121 | 26 | 0.503753 | 1.068973 | 0.289479 | 2.65 | 94.45 | 0.85 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Reservation Bank Branch Act
of 2009''.
SEC. 2. REGULATIONS GOVERNING INSURED DEPOSITORY INSTITUTIONS.
Section 18(d) of the Federal Deposit Insurance Act (12 U.S.C.
1828(d)) is amended by adding at the end the following:
``(5) Election by indian tribes to permit branching of
banks on indian reservations.--
``(A) Definitions.--In this paragraph, the
following definitions shall apply:
``(i) De novo branch.--The term `de novo
branch' means a branch of a State bank that--
``(I) is originally established by
the State bank as a branch; and
``(II) does not become a branch of
the State bank as a result of--
``(aa) the acquisition by
the State bank of an insured
depository institution (or a
branch of an insured depository
institution); or
``(bb) the conversion,
merger, or consolidation of any
such institution or branch.
``(ii) Home state.--
``(I) In general.--The term `home
State' means the State in which the
main office of a State bank is located.
``(II) Branches on indian
reservations.--The term `home State'
with respect to a State bank, the main
office of which is located within the
boundaries of an Indian reservation (in
a case in which State law permits the
chartering of such a main office on an
Indian reservation), means--
``(aa) the State in which
the Indian reservation is
located; or
``(bb) for an Indian
reservation that is located in
more than 1 State, the State in
which the portion of the Indian
reservation containing the main
office of the State bank is
located.
``(iii) Host reservation.--The term `host
reservation', with respect to a bank, means an
Indian reservation located in a State other
than the home State of the bank in which the
bank maintains, or seeks to establish and
maintain, a branch.
``(iv) Indian reservation.--
``(I) In general.--The term `Indian
reservation' means land subject to the
jurisdiction of an Indian tribe.
``(II) Inclusions.--The term
`Indian reservation' includes--
``(aa) any public domain
Indian allotment;
``(bb) any land area
located within the outer
geographic boundaries
recognized as an Indian
reservation by a Federal
treaty, Federal regulation,
decision or order of the Bureau
of Indian Affairs or any
successor agency thereto, or
statute in force with respect
to a federally recognized
tribal nation;
``(cc) any former Indian
reservation in the State of
Oklahoma; and
``(dd) any land held by a
Native village, Native group,
Regional Corporation, or
Village Corporation under the
Alaska Native Claims Settlement
Act (43 U.S.C. 1601 et seq.).
``(v) Indian tribe.--The term `Indian
tribe' has the same meaning as in section 4 of
the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b).
``(vi) Tribal government.--
``(I) In general.--The term `tribal
government' means the business council,
tribal council, or similar legislative
or governing body of an Indian tribe--
``(aa) the members of which
are representatives elected by
the members of the Indian
tribe; and
``(bb) that is empowered to
enact laws applicable within
the Indian reservation of the
Indian tribe.
``(II) Multitribal reservations.--
The term `tribal government', with
respect to an Indian reservation within
the boundaries of which are located
more than 1 Indian tribe, each of which
has a separate council, means a joint
business council or similar intertribal
governing council that includes
representatives of each applicable
Indian tribe.
``(III) Inclusion.--The term
`tribal government' includes a
governing body of any Regional
Corporation or Village Corporation (as
defined in section 3 of the Alaska
Native Claims Settlement Act (43 U.S.C.
1602)).
``(B) Approval by corporation.--Subject to
subparagraph (C), in addition to any other authority
under this section to approve an application to
establish a branch within the boundaries of an Indian
reservation, the Corporation may approve an application
of a State bank to establish and operate a de novo
branch within the boundaries of 1 or more Indian
reservations (regardless of whether the Indian
reservations are located within the home State of the
State bank), if there is in effect within the host
reservation a law enacted by the tribal government of
the host reservation that--
``(i) applies with equal effect to all
banks located within the host reservation; and
``(ii) specifically permits any in-State or
out-of-State bank to establish within the host
reservation a de novo branch.
``(C) Conditions.--
``(i) Establishment.--An application by a
State bank to establish and operate a de novo
branch within a host reservation shall not be
subject to the requirements and conditions
applicable to an application for an interstate
merger transaction under paragraphs (1), (3),
and (4) of section 44(b).
``(ii) Operation.--Subsections (c) and
(d)(2) of section 44 shall not apply with
respect to a branch of a State bank that is
established and operated pursuant to an
application approved under this paragraph.
``(iii) Prohibition.--
``(I) In general.--Except as
provided in subclause (II), no State
nonmember bank that establishes or
operates a branch on 1 or more Indian
reservations solely pursuant to
paragraph (5) may establish any
additional branch outside of such
Indian reservation in any State in
which the Indian reservation is
located.
``(II) Exception.--Subclause (I)
shall not apply if a State nonmember
bank described in that subclause would
be permitted to establish and operate
an additional branch under any other
provision of this section, without
regard to the establishment or
operation by the State nonmember bank
of a branch on the subject Indian
reservation.''.
SEC. 3. BRANCH BANKS.
Section 5155 of the Revised Statutes of the United States (12
U.S.C. 36) is amended by inserting after subsection (g) the following:
``(h) Election by Indian Tribes To Permit Branching of National
Banks on Indian Reservations.--
``(1) Definitions.--In this subsection, the following
definitions shall apply:
``(A) De novo branch.--The term `de novo branch'
means a branch of a national bank that--
``(i) is originally established by the
national bank as a branch; and
``(ii) does not become a branch of the
national bank as a result of--
``(I) the acquisition by the
national bank of an insured depository
institution (or a branch of an insured
depository institution); or
``(II) the conversion, merger, or
consolidation of any such institution
or branch.
``(B) Home state.--
``(i) In general.--The term `home State'
means the State in which the main office of a
national bank is located.
``(ii) Branches on indian reservations.--
The term `home State', with respect to a
national bank, the main office of which is
located within the boundaries of an Indian
reservation, means--
``(I) the State in which the Indian
reservation is located; or
``(II) for an Indian reservation
that is located in more than 1 State,
the State in which the portion of the
Indian reservation containing the main
office of the national bank is located.
``(C) Host reservation.--The term `host
reservation', with respect to a national bank, means an
Indian reservation located in a State other than the
home State of the bank in which the bank maintains, or
seeks to establish and maintain, a branch.
``(D) Indian reservation.--
``(i) In general.--The term `Indian
reservation' means land subject to the
jurisdiction of an Indian tribe.
``(ii) Inclusions.--The term `Indian
reservation' includes--
``(I) any public domain Indian
allotment;
``(II) any land area located within
the outer geographic boundaries
recognized as an Indian reservation by
a Federal treaty, Federal regulation,
decision or order of the Bureau of
Indian Affairs or any successor agency
thereto, or statute in force with
respect to a federally recognized
tribal nation;
``(III) any former Indian
reservation in the State of Oklahoma;
and
``(IV) any land held by a Native
village, Native group, Regional
Corporation, or Village Corporation
under the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et
seq.).
``(E) Indian tribe.--The term `Indian tribe' has
the same meaning as in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b).
``(F) Tribal government.--
``(i) In general.--The term `tribal
government' means the business council, tribal
council, or similar legislative or governing
body of an Indian tribe--
``(I) the members of which are
representatives elected by the members
of the Indian tribe; and
``(II) that is empowered to enact
laws applicable within the Indian
reservation of the Indian tribe.
``(ii) Multitribal reservations.--The term
`tribal government', with respect to an Indian
reservation within the boundaries of which are
located more than 1 Indian tribe, each of which
has a separate council, means a joint business
council or similar intertribal governing
council that includes representatives of each
applicable Indian tribe.
``(iii) Inclusion.--The term `tribal
government' includes a governing body of any
Regional Corporation or Village Corporation (as
defined in section 3 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602)).
``(2) Approval by comptroller.--Subject to paragraph (3),
in addition to any other authority under this section to
approve an application to establish a national bank branch
within the boundaries of an Indian reservation, the Comptroller
may approve an application of a national bank to establish and
operate a de novo branch within the boundaries of an Indian
reservation (regardless of whether the Indian reservation is
located within the home State of the national bank), if there
is in effect within the host reservation a law enacted by the
tribal government of the host reservation that--
``(A) applies with equal effect to all banks
located within the host reservation; and
``(B) specifically permits any in-State or out-of-
State bank to establish within the host reservation a
de novo branch.
``(3) Conditions.--
``(A) Establishment.--An application by a national
bank to establish and operate a de novo branch within a
host reservation shall not be subject to the
requirements and conditions applicable to an
application for an interstate merger transaction under
paragraphs (1), (3), and (4) of section 44(b) of the
Federal Deposit Insurance Act (12 U.S.C. 1831u(b)).
``(B) Operation.--Subsections (c) and (d)(2) of
section 44 of that Act (12 U.S.C. 1831u) shall not
apply with respect to a branch of a national bank that
is established and operated pursuant to an application
approved under this subsection.
``(C) Prohibition.--
``(i) In general.--Except as provided in
clause (ii), no national bank that establishes
or operates a branch on 1 or more Indian
reservations solely pursuant to subsection (h)
may establish any additional branch outside of
such Indian reservation in the State in which
the Indian reservation is located.
``(ii) Exception.--Clause (i) shall not
apply if a national bank described in that
clause would be permitted to establish and
operate an additional branch under any other
provision of this section or other applicable
law, without regard to the establishment or
operation by the national bank of a branch on
the subject Indian reservation.''. | Indian Reservation Bank Branch Act of 2009 - Amends the Federal Deposit Insurance Act and the Revised Statutes of the United States to set forth conditions under which Indian tribes may permit branching of banks on Indian reservations.
Permits approval of a state bank application to establish and operate a de novo branch within the boundaries of one or more Indian reservations (regardless of whether the Indian reservations are located within the state bank's home state), if the host reservation enacts a law meeting specified requirements. Exempts such a state bank from certain requirements and conditions governing an application for an interstate merger transaction.
Prohibits specified state nonmember banks that establish or operate a branch on Indian reservations, except in certain circumstances, from establishing additional branches outside of such reservations in any state in which the Indian reservation is located.
Amends the Revised Statutes of the United States to authorize the Comptroller of the Currency to approve an application of a national bank to establish and operate a de novo branch within the boundaries of an Indian reservation, subject to the same requirements, conditions, and prohibitions of this Act with regard to state banks. | {"src": "billsum_train", "title": "A bill to amend the Federal Deposit Insurance Act to modify requirements relating to the location of bank branches on Indian reservations, and for other purposes."} | 2,855 | 252 | 0.689698 | 1.736955 | 0.799214 | 3.540284 | 12.331754 | 0.895735 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Targeted Gun Dealer Enforcement Act
of 1999''.
SEC. 2. REGULATION OF LICENSED DEALERS.
(a) Prohibition on Straw Purchases.--
(1) In general.--Section 922(a)(6) of title 18, United
States Code, is amended by inserting ``, or with respect to the
identity of the person in fact purchasing or attempting to
purchase such firearm or ammunition,'' before ``under the''.
(2) Penalties.--Section 924(a)(3) of title 18, United
States Code, is amended by adding at the end the following:
``Notwithstanding the preceding sentence, a violation in
relation to section 922(a)(6) or 922(d) by a licensed dealer,
licensed importer, licensed manufacturer, or licensed collector
shall be subject to the penalties under paragraph (2) of this
subsection.''.
(b) Notification of State Law Regarding Carrying Concealed
Firearms.--Section 922 of title 18, United States Code, is amended by
inserting after subsection (y) the following:
``(z) Notification of State Requirements.--It shall be unlawful for
a licensed dealer to transfer a firearm to any person, unless the
dealer notifies that person whether applicable State law requires
persons to be licensed to carry concealed firearms in the State, or
prohibits the carrying of concealed firearms in the State.''.
(c) Revocation or Suspension of License; Civil Penalties.--Section
923 of title 18, United States Code, is amended by striking subsections
(e) and (f) and inserting the following:
``(e) Revocation or Suspension of License; Civil Penalties.--
``(1) In general.--The Secretary may, after notice and
opportunity for hearing--
``(A) suspend or revoke any license issued under
this section, if the holder of such license--
``(i) willfully violates any provision of
this chapter or any rule or regulation
prescribed by the Secretary under this chapter;
or
``(ii) fails to have secure gun storage or
safety devices available at any place in which
firearms are sold under the license to persons
who are not licensees (except that in any case
in which a secure gun storage or safety device
is temporarily unavailable because of theft,
casualty loss, consumer sales, backorders from
a manufacturer, or any other similar reason
beyond the control of the licensee, the
licensed dealer shall not be considered to be
in violation of the requirement to make
available such a device);
``(B) suspend or revoke the license issued under
this section to a dealer who willfully transfers armor
piercing ammunition; and
``(C) assess and collect a civil penalty of not
more than $10,000 per violation against any holder of a
license, if the Secretary is authorized to suspend or
revoke the license of that holder under subparagraph
(A) or (B).
``(2) Liability.--The Secretary may at any time compromise,
mitigate, or remit the liability with respect to any willful
violation of this subsection or any rule or regulation
prescribed by the Secretary under this subsection.
``(3) Review.--An action of the Secretary under this
subsection may be reviewed only as provided in subsection (f).
``(4) Notification requirement.--Not less than once every 6
months, the Secretary shall notify each licensed manufacturer
and each licensed dealer of the name, address, and license
number of each dealer whose license was suspended or revoked
under this section during the preceding 6-month period.
``(f) Rights of Applicants and Licensees.--
``(1) In general.--If the Secretary denies an application
for, or revokes or suspends a license, or assesses a civil
penalty under this section, the Secretary shall provide written notice
of such denial, revocation, suspension, or assessment to the affected
party, stating specifically the grounds upon which the application was
denied, the license was suspended or revoked, or the civil penalty was
assessed. Any notice of a revocation or suspension of a license under
this paragraph shall be given to the holder of such license before the
effective date of the revocation or suspension, as applicable.
``(2) Appeal process.--
``(A) Hearing.--If the Secretary denies an
application for, or revokes or suspends a license, or
assesses a civil penalty under this section, the
Secretary shall, upon request of the aggrieved party,
promptly hold a hearing to review the denial,
revocation, suspension, or assessment. A hearing under
this subparagraph shall be held at a location
convenient to the aggrieved party.
``(B) Notice of decision; appeal.--If, after a
hearing held under subparagraph (A), the Secretary
decides not to reverse the decision of the Secretary to
deny the application, revoke or suspend the license, or
assess the civil penalty, as applicable--
``(i) the Secretary shall provide notice of
the decision of the Secretary to the aggrieved
party;
``(ii) during the 60-day period beginning
on the date on which the aggrieved party
receives a notice under clause (i), the
aggrieved party may file a petition with the
district court of the United States for the
judicial district in which the aggrieved party
resides or has a principal place of business
for a de novo judicial review of such denial,
revocation, suspension, or assessment;
``(iii) in any judicial proceeding pursuant
to a petition under clause (ii)--
``(I) the court may consider any
evidence submitted by the parties to
the proceeding, regardless of whether
or not such evidence was considered at
the hearing held under subparagraph
(A); and
``(II) if the court decides that
the Secretary was not authorized to
make such denial, revocation,
suspension, or assessment, the court
shall order the Secretary to take such
actions as may be necessary to comply
with the judgment of the court.
``(3) Stay pending appeal.--If the Secretary suspends or
revokes a license under this section, upon the request of the
holder of the license, the Secretary shall stay the effective
date of the revocation, suspension, or assessment.''.
(d) Effect of Conviction.--Section 925(b) of title 18, United
States Code, is amended by striking ``until any conviction pursuant to
the indictment becomes final'' and inserting ``until the date of any
conviction pursuant to the indictment''.
(e) Regulation of High-Volume Crime Gun Dealers.--Section 923(g) of
title 18, United States Code, is amended by adding at the end the
following:
``(8) High-volume crime gun dealers.--
``(A) Definition.--In this paragraph, the term `high-volume
crime gun dealer' means any licensed dealer with respect to
which a designation under subparagraph (B)(i) is in effect, as
provided in subparagraph (B)(ii).
``(B) Designation of high-volume crime gun dealers.--
``(i) In general.--The Secretary shall designate a
licensed dealer as a high-volume crime gun dealer--
``(I) as soon as practicable, if the
Secretary determines that the licensed dealer
sold, delivered, or otherwise transferred to 1
or more persons not licensed under this chapter
not less than 25 firearms that, during the
preceding calendar year, were used during the
commission or attempted commission of a
criminal offense under Federal, State, or local
law, or were possessed in violation of Federal,
State, or local law; or
``(II) immediately upon the expiration date
of a suspension of the license of that dealer
for a willful violation of this chapter, if
such violation involved 1 or more firearms that
were subsequently used during the commission or
attempted commission of a criminal offense
under Federal, State, or local law.
``(ii) Effective period of designation.--A
designation under clause (i) shall remain in effect
during the period beginning on the date on which the
designation is made and ending on the later of--
``(I) the expiration of the 18-month period
beginning on that date; or
``(II) the date on which the license issued
to that dealer under this section expires.
``(C) Notification requirement.--Upon the designation of a
licensed dealer as a high-volume crime gun dealer under
subparagraph (B), the Secretary shall notify the appropriate
United States attorney's office, the appropriate State and
local law enforcement agencies (including the district
attorney's offices and the police or sheriff's departments),
and each State and local agency responsible for the issuance of
business licenses in the jurisdiction in which the high-volume
crime gun dealer is located of such designation.
``(D) Reporting and recordkeeping requirements.--
Notwithstanding any other provision of this paragraph--
``(i) not later than 10 days after the date on
which a handgun is sold, delivered, or otherwise
transferred by a high-volume crime gun dealer to a
person not licensed under this chapter, the high-volume
crime gun dealer shall submit to the Secretary and to
the department of State police or State law enforcement
agency of the State or local jurisdiction in which the
sale, delivery, or transfer took place, on a form
prescribed by the Secretary, a report of the sale,
delivery, or transfer, which report shall include--
``(I) the manufacturer or importer of the
handgun;
``(II) the model, type, caliber, gauge, and
serial number of the handgun; and
``(III) the name, address, date of birth,
and height and weight of the purchaser or
transferee, as applicable;
``(ii) each high-volume crime gun dealer shall
submit to the Secretary, on a form prescribed by the
Secretary, a monthly report of each firearm received
and each firearm disposed of by the dealer during that
month, which report shall include only the name of the
manufacturer or importer and the model, type, caliber,
gauge, serial number, date of receipt, and date of
disposition of each such firearm, except that the
initial report submitted by a dealer under this clause
shall include such information with respect to the
entire inventory of the high-volume crime gun dealer;
and
``(iii) a high-volume crime gun dealer may not
destroy any record required to be maintained under
paragraph (1)(A).
``(E) Inspection.--Notwithstanding paragraph (1), the
Secretary may inspect or examine the inventory and records of a
high-volume crime gun dealer at any time without a showing of
reasonable cause or a warrant for purposes of determining
compliance with the requirements of this chapter.
``(F) Recordkeeping by local police departments.--
Notwithstanding paragraph (3)(B), a State or local law
enforcement agency that receives a report under subparagraph
(D)(i) may retain a copy of that record for not more than 5
years.
``(G) License renewal.--Notwithstanding subsection (d)(2),
the Secretary shall approve or deny an application for a
license submitted by a high-volume crime gun dealer before the
expiration of the 120-day period beginning on the date on which
the application is received.
``(H) Effect of failure to comply.--
``(i) In general.--Notwithstanding subsection (e),
the Secretary shall, after notice and an opportunity
for a hearing--
``(I) suspend for not less than 90 days any
license issued under this section to a high-
volume crime gun dealer who willfully violates
any provision of this section (including any
requirement of this paragraph);
``(II) revoke any license issued under this
section to a high-volume crime gun dealer who
willfully violates any provision of this
section (including any requirement of this
paragraph) and who has committed a prior
willful violation of any provision of this
section (including any requirement of this
paragraph); and
``(III) revoke any license issued under
this section to a high-volume crime gun dealer
who willfully violates any provision of section
922 or 924.
``(ii) Stay pending appeal.--Notwithstanding
subsection (f)(3), the Secretary may not stay the
effective date of a suspension or revocation under this
subparagraph pending an appeal.''.
SEC. 3. ENHANCED ABILITY TO TRACE FIREARMS.
(a) Voluntary Submission of Dealer's Records.--Section 923(g)(4) of
title 18, United States Code, is amended to read as follows:
``(4) Voluntary submission of dealer's records.--
``(A) Business discontinued.--
``(i) Successor.--When a firearms or
ammunition business is discontinued and
succeeded by a new licensee, the records
required to be kept by this chapter shall
appropriately reflect that fact and shall be
delivered to the successor. Upon receipt of
those records, the successor licensee may
retain the records of the discontinued business
or submit the discontinued business records to
the Secretary.
``(ii) No successor.--When a firearms or
ammunition business is discontinued without a
successor, records required to be kept by this
chapter shall be delivered to the Secretary
within 30 days after the business is
discontinued.
``(B) Old records.--A licensee maintaining a firearms
business may voluntarily submit the records required to be kept
by this chapter to the Secretary if such records are at least
20 years old.
``(C) State or local requirements.--If State law or local
ordinance requires the delivery of records regulated by this
paragraph to another responsible authority, the Secretary may
arrange for the delivery of records to such other responsible
authority.''
(b) Centralization and Maintenance of Records.--Section 923(g) of
title 18, United States Code, is amended by adding at the end the
following:
``(9) Centralization and maintenance of records by
secretary.--Notwithstanding any other provision of law, the
Secretary--
``(A) may receive and centralize any information or
records submitted to the Secretary under this chapter
and maintain such information or records in whatever
manner will enable their most efficient use in law
enforcement investigations; and
``(B) shall retain a record of each firearms trace
conducted by the Secretary, unless the Secretary
determines that there is a valid law enforcement reason
not to retain the record.''.
(c) Licensee Reports of Secondhand Firearms.--Section 923(g) of
title 18, United States Code, is amended by adding at the end the
following:
``(10) Licensee reports of secondhand firearms.--A licensed
importer, licensed manufacturer, and licensed dealer shall
submit to the Secretary, on a form prescribed by the Secretary,
a monthly report of each firearm received from a person not
licensed under this chapter during that month, which report
shall not include any identifying information relating to the
transferor or any subsequent purchaser.''.
SEC. 4. GENERAL REGULATION OF FIREARMS TRANSFERS.
(a) Transfers of Crime Guns.--Section 924(h) of title 18, United
States Code, is amended by inserting ``or having reasonable cause to
believe'' after ``knowing''.
(b) Increased Penalties for Trafficking in Firearms With
Obliterated Serial Numbers.--Section 924(a) of title 18, United States
Code, is amended--
(1) in paragraph (1)(B), by striking ``(k),''; and
(2) in paragraph (2), by inserting ``(k),'' after ``(j),''.
SEC. 5. AMENDMENT OF FEDERAL SENTENCING GUIDELINES.
The United States Sentencing Commission shall amend the Federal
sentencing guidelines to reflect the amendments made by this Act. | Targeted Gun Dealer Enforcement Act of 1999 - Amends the Brady Handgun Violence Prevention Act to prohibit, and set penalties for, making certain false or fictitious statements with respect to the identity of the person purchasing or attempting to purchase a firearm or ammunition.
Prohibits a licensed dealer from transferring a firearm without notifying the transferee whether applicable State law requires persons to be licensed to carry concealed firearms in the State or prohibits the carrying of concealed firearms in the State.
Rewrites Brady Act provisions to allow the Secretary of the Treasury to suspend or revoke a license and to assess and collect a civil penalty of up to $10,000 per violation, subject to specified requirements and procedures.
Directs the Secretary to designate a licensed dealer as a "high-volume crime gun dealer": (1) upon determining that the dealer sold, delivered, or otherwise transferred to one or more unlicensed persons at least 25 firearms that, during the preceding calendar year, were used during the commission or attempted commission of a criminal offense under, or were possessed in violation of, Federal, State, or local law; or (2) immediately upon the expiration date of a suspension of that dealer's license for a willful violation that involved one or more firearms that were subsequently used during the commission or attempted commission of a criminal offense under Federal, State, or local law.
Sets forth provisions regarding: (1) the effective period of such designation; (2) requirements for designation notification by the Secretary to the appropriate U.S. attorney's office, appropriate State and local law enforcement agencies, and State and local agencies responsible for issuing business licenses in the jurisdiction; (3) dealer reporting and record keeping requirements regarding the transfer of a handgun; (4) inspection of such dealer at any time without a showing of reasonable cause or a warrant for purposes of determining compliance with requirements of this Act; (5) handgun transfer record keeping requirements for local police departments; (6) time requirements for license renewal decisions; and (7) suspension of the license of a high-volume crime gun dealer for violations. Sets penalties for failure to comply with requirements of this Act.
(Sec. 3) Amends the Brady Act to authorize a successor licensee to retain the records of a discontinued firearms or ammunition business or submit them to the Secretary.
Authorizes the Secretary to receive and centralize any information or records submitted and to maintain such information or records in whatever manner will enable their most efficient use in law enforcement investigations. Directs the Secretary to retain a record of each firearms trace conducted by the Secretary unless the Secretary determines that there is a valid law enforcement reason not to retain the record.
Requires a licensed importer, manufacturer, and dealer to submit to the Secretary a monthly report of each firearm received from an unlicensed person, excluding any identifying information relating to the transferor or any subsequent purchaser.
(Sec. 4) Prohibits, and sets penalties for, knowingly transferring a firearm having reasonable cause to believe that it will be used to commit a crime of violence or drug trafficking crime.
Increases penalties for trafficking in firearms with obliterated serial numbers.
(Sec. 5) Directs the United States Sentencing Commission to amend the Federal sentencing guidelines to reflect the amendments made by this Act. | {"src": "billsum_train", "title": "Targeted Gun Dealer Enforcement Act of 1999"} | 3,615 | 726 | 0.561226 | 1.740266 | 0.77485 | 3.932283 | 5.132283 | 0.905512 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employment Nondiscrimination Act of
1996''.
SEC. 2. PURPOSES.
It is the purpose of this Act--
(1) to provide a comprehensive Federal prohibition of
employment discrimination on the basis of sexual orientation;
(2) to provide meaningful and effective remedies for
employment discrimination on the basis of sexual orientation;
and
(3) to invoke congressional powers, including the powers to
enforce the 14th amendment to the Constitution and to regulate
commerce, in order to prohibit employment discrimination on the
basis of sexual orientation.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Commission.--The term ``Commission'' means the Equal
Employment Opportunity Commission.
(2) Covered entity.--The term ``covered entity'' means an
employer, employment agency, labor organization, joint labor
management committee, an entity to which section 717(a) of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-16(a)) applies, an
employing authority to which section 302(a)(1) of the
Government Employee Rights Act of 1991 (2 U.S.C. 1202(a)(1))
applies, or an employing authority to which section 201(a)(1)
of the Congressional Accountability Act of 1995 (2 U.S.C.
1311(a)(1)) applies.
(3) Employee.--The term ``employee'' means an employee, as
defined in section 701(f) of the Civil Rights Act of 1964 (42
U.S.C. 2000e(f)), an employee or applicant to whom section
717(a) of the Civil Rights Act of 1964 applies, a Presidential
appointee or State employee to whom section 302(a)(1) of the
Government Employee Rights Act of 1991 applies, and a covered
employee to whom section 201(a)(1) of the Congressional
Accountability Act of 1995 applies. The term ``employee'' does
not include an individual who volunteers to perform services if
the individual receives no compensation for such services.
(4) Employer.--the term ``employer'' means a person engaged
in an industry affecting commerce (as defined in section 701(h)
of the Civil Rights Act of 1964 (42 U.S.C. 2000e(h))) who has
15 or more employees for each working day in each of 20 or more
calendar weeks in the current or preceding calendar year, and
any agent of such a person, but such term does not include a
bona fide private membership club (other than a labor
organization) that is exempt from taxation under section 501(c)
of the Internal Revenue Code of 1986.
(5) Employment agency.--The term ``employment agency'' has
the meaning given such term in section 701(c) of the Civil
Rights Act of 1964 (42 U.S.C. 2000e(c)).
(6) Employment or employment opportunities.--Except as
provided in section 9(a)(1), the term ``employment or
employment opportunities'' includes job application procedures,
hiring, advancement, discharge, compensation, job training, or
any other term, condition, or privilege of employment.
(7) Individual.--The term ``individual'' includes an
employee.
(8) Labor organization.--The term ``labor organization''
has the meaning given such term in section 701(d) of the Civil
Rights Act of 1964 (42 U.S.C. 2000e(d)).
(9) Person.--The term ``person'' has the meaning given such
term in section 701(a) of the Civil Rights Act of 1964 (42
U.S.C. 2000e(a)).
(10) Religious organization.--The term ``religious
organization'' means--
(A) a religious corporation, association, or
society; or
(B) a college, school, university, or other
educational institution, not otherwise a religious
organization, if--
(i) it is in whole or substantial part
controlled, managed, owned, or supported by a
religious corporation, association, or society;
or
(ii) its curriculum is directed toward the
propagation of a particular religion.
(11) Sexual orientation.--The term ``sexual orientation''
means homosexuality, bisexuality, or heterosexuality, whether
such orientation is real or perceived.
(12) State.--The term ``State'' has the meaning given such
term in section 701(i) of the Civil Rights Act of 1964 (42
U.S.C. 2000e(i)).
SEC. 4. DISCRIMINATION PROHIBITED.
A covered entity shall not, with respect to the employment or
employment opportunities of an individual--
(1) subject the individual to a different standard or
different treatment on the basis of sexual orientation;
(2) discriminate against the individual based on the sexual
orientation of a person with whom the individual is believed to
associate or to have associated; or
(3) otherwise discriminate against the individual on the
basis of sexual orientation.
SEC. 5. BENEFITS.
This Act does not apply to the provision of employee benefits to an
individual for the benefit of such individual's partner.
SEC. 6. NO DISPARATE IMPACT.
The fact that an employment practice has a disparate impact, as the
term ``disparate impact'' is used in section 703(k) of the Civil Rights
Act of 1964 (42 U.S.C. 2000e-2(k)), on the basis of sexual orientation
does not establish a prima facie violation of this Act.
SEC. 7. QUOTAS AND PREFERENTIAL TREATMENT PROHIBITED.
(a) Quotas.--A covered entity shall not adopt or implement a quota
on the basis of sexual orientation.
(b) Preferential Treatment.--A covered entity shall not give
preferential treatment to an individual on the basis of sexual
orientation.
SEC. 8. RELIGIOUS EXEMPTION.
(a) In General.--Except as provided in subsection (b), this Act
shall not apply to a religious organization.
(b) For-Profit Activities.--This Act shall apply with respect to
employment and employment opportunities that relate to any employment
position that pertains solely to a religious organization's for-profit
activities subject to taxation under section 511(a) of the Internal
Revenue Code of 1986.
SEC. 9. NONAPPLICATION TO MEMBERS OF THE ARMED FORCES; VETERANS'
PREFERENCES.
(a) Armed Forces.--
(1) Employment or employment opportunities.--For purposes
of this Act, the term ``employment or employment
opportunities'' does not apply to the relationship between the
United States and members of the Armed Forces.
(2) Armed forces.--As used in paragraph (1), the term
``Armed Forces'' means the Army, Navy, Air Force, Marine Corps,
and Coast Guard.
(b) Veterans' Preferences.--This Act does not repeal or modify any
Federal, State, territorial, or local law creating a special right or
preference for a veteran.
SEC. 10. CONSTRUCTION.
Nothing in this Act shall be construed to prohibit a covered entity
from enforcing rules regarding nonprivate sexual conduct, if such rules
of conduct are designed for, and uniformly applied to, all individuals
regardless of sexual orientation.
SEC. 11. ENFORCEMENT.
(a) Enforcement Powers.--With respect to the administration and
enforcement of this Act in the case of a claim alleged by an individual
for a violation of this Act--
(1) the Commission shall have the same powers as the
Commission has to administer and enforce--
(A) title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000e et seq.); or
(B) sections 302, 303, and 304 of the Government
Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, and
1204);
in the case of a claim alleged by such individual for a
violation of such title or of section 302(a)(1) of such Act (2
U.S.C. 1202(a)(1)), respectively;
(2) the Librarian of Congress shall have the same powers as
the Librarian of Congress has to administer and enforce title
VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.)
in the case of a claim alleged by such individual for a
violation of such title;
(3) the Board (as defined in section 101 of the
Congressional Accountability Act of 1995 (2 U.S.C. 1301) shall
have the same powers as the Board has to administer and enforce
the Congressional Accountability Act of 1995 in the case of a
claim alleged by such individual for a violation of section
201(a)(1) of such Act (2 U.S.C. 1311(a)(1));
(4) the Attorney General shall have the same powers as the
Attorney General has to administer and enforce--
(A) title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000e et seq.); or
(B) sections 302, 303, and 304 of the Government
Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, and
1204);
in the case of a claim alleged by such individual for a
violation of such title or of section 302(a)(1) of such Act,
respectively; and
(5) a court of the United States shall have the same
jurisdiction and powers as such court has to enforce--
(A) title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000e et seq.) in the case of a claim alleged by
such individual for a violation of such title;
(B) sections 302, 303, and 304 of the Government
Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, and
1204) in the case of a claim alleged by such individual
for a violation of section 302(a)(1) of such Act; and
(C) the Congressional Accountability Act of 1995 (2
U.S.C. 1301 et seq.) in the case of a claim alleged by
such individual for a violation of section 201(a)(1) of
such Act.
(b) Procedures and Remedies.--The procedures and remedies
applicable to a claim alleged by an individual for a violation of this
title are--
(1) the procedures and remedies applicable for a violation
of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e
et seq.) in the case of a claim alleged by such individual for
a violation of such title;
(2) the procedures and remedies applicable for a violation
of section 302(a)(1) of the Government Employee Rights Act of
1991 (2 U.S.C. 1202(a)(1)) in the case of a claim alleged by
such individual for a violation of such section; and
(3) the procedures and remedies applicable for a violation
of section 201(a)(1) of the Congressional Accountability Act of
1995 (2 U.S.C. 1311(a)(1)) in the case of a claim alleged by
such individual for a violation of such section.
(c) Other Applicable Provisions.--With respect to claims alleged by
a covered employee (as defined in section 101 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1301)) for a violation of this
Act, title III of the Congressional Accountability Act of 1995 (2
U.S.C. 1381 et seq.) shall apply in the same manner as such title
applies with respect to a claim alleged by such a covered employee for
a violation of section 201(a)(1) of such Act.
SEC. 12. FEDERAL AND STATE IMMUNITY.
(a) State Immunity.--A State shall not be immune under the eleventh
amendment to the Constitution of the United States from an action in a
Federal court of competent jurisdiction for a violation of this Act. In
an action against a State for a violation of this Act, remedies
(including remedies at law and in equity) are available for the
violation to the same extent as such remedies are available in an
action against any public or private entity other than a State.
(b) Liability of the United States.--The United States shall be
liable for all remedies (excluding punitive damages) under this Act to
the same extent as a private person and shall be liable to the same
extent as a nonpublic party for interest to compensate for delay in
payment.
SEC. 13. ATTORNEYS' FEES.
In any action or administrative proceeding commenced pursuant to
this Act, an entity described in section 11(a), in its discretion, may
allow the prevailing party, other than the United States, a reasonable
attorney's fee, including expert fees and other litigation expenses,
and costs. The United States shall be liable for the fees, expenses and
costs described in the preceding sentence to the same extent as a
private person.
SEC. 14. RETALIATION AND COERCION PROHIBITED.
(a) Retaliation.--A covered entity shall not discriminate against
an individual because such individual opposed any act or practice
prohibited by this Act or because such individual made a charge,
assisted, testified, or participated in any manner in an investigation,
proceeding, or hearing under this Act.
(b) Coercion.--A person shall not coerce, intimidate, threaten, or
interfere with any individual in the exercise or enjoyment of, or on
account of such individual's having exercised, enjoyed, assisted, or
encouraged the exercise or enjoyment of, any right granted or protected
by this Act.
SEC. 15. POSTING NOTICES.
A covered entity shall post notices for employees, applicants for
employment, and members describing the applicable provisions of this
Act in the manner prescribed by, and subject to the penalty provided
under, section 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
10).
SEC. 16. REGULATIONS.
(a) In General.--Except as provided in subsections (b) and (c), the
Commission shall have authority to issue regulations to carry out this
Act.
(b) Librarian of Congress.--The Librarian of Congress shall have
authority to issue regulations to carry out this Act with respect to
employees of the Library of Congress.
(c) Board.--The Board referred to in section 11(a)(3) shall have
authority to issue regulations to carry out this Act, in accordance
with section 304 of the Congressional Accountability Act of 1995 (2
U.S.C. 1384), with respect to covered employees to which section
201(a)(1) of such Act applies (2 U.S.C. 1311(a)(1)).
SEC. 17. RELATIONSHIP TO OTHER LAWS.
This Act shall not invalidate or limit the rights, remedies, or
procedures available to an individual claiming discrimination
prohibited under any other Federal law or any law of a State or
political subdivision of a State.
SEC. 18. SEVERABILITY.
If any provision of this Act, or the application of such provision
to any person or circumstance, is held to be invalid, the remainder of
this Act and the application of such provision to other persons or
circumstances shall not be affected by such invalidity.
SEC. 19. EFFECTIVE DATE.
This Act shall take effect 60 days after the date of enactment of
this Act and shall not apply to conduct occurring before such effective
date. | Employment Nondiscrimination Act of 1996 - Defines "employee" to exclude uncompensated volunteers. Defines "employer" to: (1) mean an employer with 15 or more employees; and (2) exclude a bona fide private club.
Prohibits employment discrimination on the basis of sexual orientation by covered entities, including an employing authority to which specified provisions of the Government Employee Rights Act of 1991 or the Congressional Accountability Act of 1995 apply.
Declares that: (1) this Act does not apply to the provision of employee benefits for the benefit of an employee's partner; and (2) a disparate impact does not establish a prima facie violation of this Act. Prohibits quotas and preferential treatment. Declares that this Act does not apply to: (1) religious organizations (except in their for-profit activities); (2) the armed forces; or (3) laws creating special rights or preferences for veterans. Provides for enforcement. Disallows State immunity. Makes the United States liable for all remedies (except punitive damages) to the same extent as a private person. Allows recovery of attorney's fees. Prohibits retaliation and coercion. Requires posting notices for employees and applicants. | {"src": "billsum_train", "title": "Employment Nondiscrimination Act of 1996"} | 3,472 | 281 | 0.528252 | 1.632403 | 0.741575 | 3.359833 | 12.422594 | 0.841004 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Leaders Enhancement Act''.
SEC. 2. SENSE OF CONGRESS ON DIVERSITY IN MILITARY LEADERSHIP.
(a) Definition of Diversity.--It is the sense of Congress that the
Secretary of Defense and the Secretary of Homeland Security (in the
case of the Coast Guard) should develop a uniform definition of
diversity that--
(1) encompasses all the different characteristics and
attributes of members of the Armed Forces; and
(2) is consistent with the core values of the Armed Forces,
integral to overall readiness and mission accomplishment, and
reflective of the diverse population of the United States.
(b) Diversity as a National Security Issue.--It is the sense of
Congress that--
(1) diversity is a national security issue and a force
multiplier for the Armed Forces and the United States;
(2) diversity within the Armed Forces is vitally important,
not only with respect to promoting innovation and creativity,
but also with respect to developing a more inclusive workforce
for a fair and just America;
(3) diversity is a necessity to mission readiness and
excellence;
(4) attracting and employing a diverse and talented team of
officers and senior enlisted personnel ultimately enables the
Armed Forces to better perform their national security missions
and, in the case of the Coast Guard, its essential regulatory
missions; and
(5) in preparing the Nation for future national security
needs, it is important to identify regional and cultural
expertise, relevant reserve component civilian expertise, and
language expertise upon military accession and throughout the
careers of members of the Armed Forces in order to better
manage personnel with mission critical skill sets and to
leverage that expertise in service to the United States.
SEC. 3. DIVERSITY IN MILITARY LEADERSHIP AND RELATED REPORTING
REQUIREMENTS.
(a) Plan To Achieve Military Leadership Reflecting Diversity of
United States Population.--
(1) In general.--Chapter 37 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 656. Diversity in military leadership: plan
``(a) Plan.--The Secretary of Defense (and the Secretary of
Homeland Security in the case of the Coast Guard) shall prepare and
implement a plan to achieve, between 2031 and 2041, a dynamic,
sustainable level of members of the armed forces (including reserve
components thereof) that, among both commissioned officers and senior
enlisted personnel of each armed force, will reflect the diverse
population of the United States eligible to serve in the armed forces,
including gender specific, racial, or ethnic populations and
diversified language and cultural skills so as to preserve and enhance
the all-volunteer force.
``(b) Metrics To Measure Progress in Developing and Implementing
Plan.--The Secretary of Defense (and the Secretary of Homeland Security
in the case of the Coast Guard) shall develop a standard set of metrics
and collection procedures that are uniform across the armed forces,
including reserve components thereof, in furtherance of developing and
implementing the plan established under subsection (a). The metrics
required by this subsection shall be designed--
``(1) to accurately capture the inclusion and capability
aspects of the armed forces broader diversity plans; and
``(2) to be verifiable and systematically linked to
strategic plans that will drive improvements.
``(c) Consultation.--Not less than biannually, the Secretary of
Defense and the Secretary of Homeland Security shall meet with the
Secretaries of the military departments, the Joint Chiefs of Staff, the
Commandant of the Coast Guard, and senior enlisted members of the armed
forces to discuss the progress being made toward developing and
implementing the plan established under subsection (a).
``(d) Cooperation With States.--The Secretary of Defense shall
coordinate with the National Guard Bureau and States in tracking the
progress of the National Guard toward developing and implementing the
plan established under subsection (a).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``656. Diversity in military leadership: plan.''.
(b) Reporting Requirements.--
(1) Inclusion in dod manpower requirements report.--Section
115a(c) of such title is amended by adding at the end the
following new paragraph:
``(4) The progress made in implementing the plan required
by section 656 of this title to achieve a dynamic, sustainable
armed forces that has a membership that will, among both
commissioned officers and senior enlisted personnel of each
armed force, including reserve components thereof, reflect the
diverse population of the United States eligible to serve in
the armed forces while still being able to--
``(A) prevail in any war, prevent and deter any
conflict, defeat any adversary, and succeed in a wide
range of contingencies; and
``(B) preserve and enhance the all-volunteer force.
``(5) The available pool of qualified candidates for the
general officer grades of general and lieutenant general and
the flag officer grades of admiral and vice admiral, including
an assessment of the qualified racial or ethnic minority and
female candidates.''.
(2) Coast guard report.--
(A) Annual report required.--The Secretary of
Homeland Security shall prepare an annual report
addressing diversity among commissioned officers of the
Coast Guard and Coast Guard Reserve and among enlisted
personnel of the Coast Guard and Coast Guard Reserve in
the pay grades E-7 through E-9. The report shall
include an assessment of the available pool of
qualified candidates for the flag officer grades of
admiral and vice admiral, including an assessment of
the qualified racial or ethnic minority and female
candidates.
(B) Submission.--The report shall be submitted each
year not later than 45 days after the date on which the
President submits to Congress the budget for the next
fiscal year under section 1105 of title 31, United
States Code. Each report shall be submitted to the
President, the Committee on Armed Services, the
Committee on Transportation and Infrastructure, and the
Committee on Homeland Security of the House of
Representatives, and the Committee on Armed Services
and the Committee on Commerce, Science, and
Transportation of the Senate. | Military Leaders Enhancement Act - Directs Secretary of Defense (DOD) and the Secretary of Homeland Security (DHS) in the case of the Coast Guard to: (1) prepare and implement a plan to achieve, between 2031 and 2041, a dynamic, sustainable level of Armed Forces members (including reserve components) that, among both commissioned officers and senior enlisted personnel of each armed force, reflects the diverse population of the United States eligible to serve in the Armed Forces, including gender specific, racial, or ethnic populations and diversified language and cultural skills; and (2) develop a standard set of metrics and collection procedures, uniform across the Armed Forces, to capture the inclusion and capability aspects of the Armed Forces' broader diversity plans and to verify and systematically link to strategic plans.
Requires: (1) the DOD and DHS Secretaries, at least biannually, to meet with the Secretaries of the military departments, the Joint Chiefs of Staff, the Commandant of the Coast Guard, and senior enlisted members of the Armed Forces to discuss progress on the plan; and (2) the DOD Secretary to coordinate with the National Guard Bureau and states in tracking the National Guard's progress on the plan.
Directs the DOD Secretary to include in its annual defense manpower requirements report to Congress a discussion of: (1) the progress on implementing the plan while still being able to prevail in any war, prevent and deter any conflict, defeat any adversary, succeed in wide ranges of contingencies, and preserve and enhance the all-volunteer force; (2) the available pool of qualified candidates for the general officer grades of general and lieutenant general and the flag officer grades of admiral and vice admiral, including an assessment of the qualified racial or ethnic minority and female candidates.
Directs the DHS Secretary to submit to Congress a related annual report. | {"src": "billsum_train", "title": "To amend title 10, United States Code, to enhance the security of the United States and the readiness of the Armed Forces by increasing diversity within the leadership ranks of the Armed Forces."} | 1,380 | 415 | 0.720219 | 2.272784 | 0.789536 | 5.851541 | 3.585434 | 0.955182 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Safety Net Enhancement
Act of 2013''.
SEC. 2. CONSTITUTIONAL AUTHORITY.
The constitutional authority upon which this Act rests is the power
of the Congress to provide for the general welfare, to regulate
commerce, and to make all laws which shall be necessary and proper for
carrying into execution Federal powers, as enumerated in section 8 of
article I of the Constitution of the United States.
SEC. 3. PROTECTION FOR EMERGENCY AND RELATED SERVICES FURNISHED
PURSUANT TO EMTALA.
Section 224(g) of the Public Health Service Act (42 U.S.C. 233(g))
is amended--
(1) in paragraph (4), by striking ``An entity'' and
inserting ``Subject to paragraph (6), an entity''; and
(2) by adding at the end the following:
``(6)(A) For purposes of this section--
``(i) an entity described in subparagraph (B) shall
be considered to be an entity described in paragraph
(4); and
``(ii) the provisions of this section shall apply
to an entity described in subparagraph (B) in the same
manner as such provisions apply to an entity described
in paragraph (4), except that--
``(I) notwithstanding paragraph (1)(B), the
deeming of any entity described in subparagraph
(B), or of an officer, governing board member,
employee, contractor, or on-call provider of
such an entity, to be an employee of the Public
Health Service for purposes of this section
shall apply only with respect to items and
services that are furnished to an individual
pursuant to section 1867 of the Social Security
Act and to post stabilization services (as
defined in subparagraph (D)) furnished to such
an individual;
``(II) nothing in paragraph (1)(D) shall be
construed as preventing a physician or
physician group described in subparagraph
(B)(ii) from making the application referred to
in such paragraph or as conditioning the
deeming of a physician or physician group that
makes such an application upon receipt by the
Secretary of an application from the hospital
or emergency department that employs or
contracts with the physician or group, or
enlists the physician or physician group as an
on-call provider;
``(III) notwithstanding paragraph (3), this
paragraph shall apply only with respect to
causes of action arising from acts or omissions
that occur on or after January 1, 2014;
``(IV) paragraph (5) shall not apply to a
physician or physician group described in
subparagraph (B)(ii);
``(V) the Attorney General, in consultation
with the Secretary, shall make separate
estimates under subsection (k)(1) with respect
to entities described in subparagraph (B) and
entities described in paragraph (4) (other than
those described in subparagraph (B)), and the
Secretary shall establish separate funds under
subsection (k)(2) with respect to such groups
of entities, and any appropriations under this
subsection for entities described in
subparagraph (B) shall be separate from the
amounts authorized by subsection (k)(2);
``(VI) notwithstanding subsection (k)(2),
the amount of the fund established by the
Secretary under such subsection with respect to
entities described in subparagraph (B) may
exceed a total of $10,000,000 for a fiscal
year; and
``(VII) subsection (m) shall not apply to
entities described in subparagraph (B).
``(B) An entity described in this subparagraph is--
``(i) a hospital or an emergency department to
which section 1867 of the Social Security Act applies;
and
``(ii) a physician or physician group that is
employed by, is under contract with, or is an on-call
provider of such hospital or emergency department, to
furnish items and services to individuals under such
section.
``(C) For purposes of this paragraph, the term `on-call
provider' means a physician or physician group that--
``(i) has full, temporary, or locum tenens staff
privileges at a hospital or emergency department to
which section 1867 of the Social Security Act applies;
and
``(ii) is not employed by or under contract with
such hospital or emergency department, but agrees to be
ready and available to provide services pursuant to
section 1867 of the Social Security Act or post-
stabilization services to individuals being treated in
the hospital or emergency department with or without
compensation from the hospital or emergency department.
``(D) For purposes of this paragraph, the term `post
stabilization services' means, with respect to an individual
who has been treated by an entity described in subparagraph (B)
for purposes of complying with section 1867 of the Social
Security Act, services that are--
``(i) related to the condition that was so treated;
and
``(ii) provided after the individual is stabilized
in order to maintain the stabilized condition or to
improve or resolve the condition of the individual.
``(E)(i) Nothing in this paragraph (or in any other
provision of this section as such provision applies to entities
described in subparagraph (B) by operation of subparagraph (A))
shall be construed as authorizing or requiring the Secretary to
make payments to such entities, the budget authority for which
is not provided in advance by appropriation Acts.
``(ii) The Secretary shall limit the total amount of
payments under this paragraph for a fiscal year to the total
amount appropriated in advance by appropriation Acts for such
purpose for such fiscal year. If the total amount of payments
that would otherwise be made under this paragraph for a fiscal
year exceeds such total amount appropriated, the Secretary
shall take such steps as may be necessary to ensure that the
total amount of payments under this paragraph for such fiscal
year does not exceed such total amount appropriated.''. | Health Care Safety Net Enhancement Act of 2013 - Amends the Public Health Service Act to deem a hospital or an emergency department and a physician or physician group of such hospital or emergency department to be an employee of the Public Health Service for purposes of any civil action that may arise due to providing emergency and post-stabilization services on or after January 1, 2014. | {"src": "billsum_train", "title": "Health Care Safety Net Enhancement Act of 2013"} | 1,314 | 77 | 0.513738 | 1.283814 | 0.753732 | 4.257143 | 17.942857 | 0.914286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women's Preventive Health Care Act
of 1996''.
SEC. 2. REQUIRING COVERAGE OF SCREENING MAMMOGRAPHY AND PAP SMEARS
UNDER HEALTH PLANS.
(a) In General.--Every policy or contract that provides health
insurance coverage (as defined in subsection (h)(1)) and every group
health plan (as defined in subsection (h)(2)) shall include (consistent
with this section)--
(1) coverage for screening pap smears, and
(2) coverage for low-dose screening mammography.
(b) Definitions Relating to Coverage.--In this section:
(1) Low-dose screening mammography.--The term ``low-dose
screening mammography'' means a radiologic procedure for the
early detection of breast cancer provided to an asymptomatic
women using equipment dedicated specifically for mammography
and at a facility which meets mammography accreditation
standards established by the Secretary for coverage of
screening mammography under the medicare program under title
XVIII of the Social Security Act. Such term also includes a
physician's interpretation of the results of the procedure.
(2) Screening pap smear.--The term ``screening pap smear''
means a diagnostic laboratory test consisting of a routine
exfoliative cytology test (Papanicolaou test) provided to a
woman for the purpose of early detection of cervical cancer and
includes the examination, the laboratory test itself, and a
physician's interpretation of the results of the test. If the
Secretary establishes qualify standards for facilities
furnishing screening pap smears, such term shall only include a
test if the test is performed in a facility that has been
determined to meet such standards.
(c) Restrictions on Cost-Sharing.--The coverage under this section
shall not provide for the application of deductibles, coinsurance, or
other limitations for low-dose screening mammography or screening pap
smears that are greater than the deductibles, coinsurance, and
limitations that are applied to similar services under the health
insurance coverage or group health plan.
(d) Frequency of Coverage of Screening Mammography.--
(1) In general.--Coverage of low-dose screening mammography
is consistent with this section only if it is provided
consistent with the following periodicity schedule:
(A) Coverage is made available for one baseline
low-dose screening mammography for any woman between 35
and 40 years of age.
(B) Coverage is made available for such mammography
on an annual basis to any woman who is 50 years or age
or older or who is determined by a physician to be at-
risk of breast cancer (as defined in paragraph (2)).
(C) Coverage is made available for such mammography
for a woman at least once every other year.
(2) At-risk of breast cancer.--For purposes of paragraph
(1)(B), a woman is considered to be ``at-risk of breast
cancer'' if any of the following is true:
(A) The woman has a personal history of breast
cancer.
(B) The woman has a personal history of biopsy-
proven benign breast disease.
(C) The woman's mother, sister, or daughter has or
has had breast cancer.
(D) The woman has not given birth prior to the age
of 30.
(e) Frequency of Coverage of Screening Pap Smears.--Coverage of
screening pap smears is consistent with this section only if it is
provided not more often than once every year (or more frequently if
recommended by a physician).
(f) Enforcement.--
(1) Regulated insurers.--It is the responsibility of State
regulators what regulate insurers that offer health insurance
coverage in a State to apply the requirements of this section
to such insurers and coverage. If the Secretary determines that
such regulators do not have the intent or means of enforcing
such requirements with respect to such insurers in a State, the
Secretary may provide such remedies (which may include civil
money penalties) as may be necessary to assure compliance with
the requirements of this section in such State.
(2) Group health plans.--The requirements of this section
are deemed, in relation to group health plans offered as
employee welfare benefit plans under title I of Employee
Retirement Income Security Act of 1974, to be provisions of
such title, for purposes of applying the enforcement related
provisions of such title.
(3) Other plans.--In the case of health coverage not
described in paragraph (1) or (2), the Secretary shall develop
such non-criminal enforcement mechanisms as may be necessary
and appropriate to carry out this section in relation to
entities offering such coverage.
(g) Relation to State Law.--The provisions of this section do not
preempt State law to the extent such State law provides greater
protection to women in relation to the benefits provided under this
section.
(h) Definitions.--In this section:
(1) Health insurance coverage.--
(A) In general.--Except as provided in subparagraph
(B), the term ``health insurance coverage'' means
benefits consisting of medical care (provided directly,
through insurance or reimbursement, or otherwise) under
any hospital or medical service policy or certificate,
hospital or medical service plan contract, or health
maintenance organization group contract offered by an
insurer or a health maintenance organization.
(B) Exception.--Such term does not include coverage
under any separate policy, certificate, or contract
only for one or more of any of the following:
(i) Coverage for accident, credit-only,
vision, disability income, long-term care,
nursing home care, community-based care dental,
on-site medical clinics, or employee assistance
programs, or any combination thereof.
(ii) Medicare supplemental health insurance
(within the meaning of section 1882(g)(1) of
the Social Security Act (42 U.S.C.
1395ss(g)(1))) and similar supplemental
coverage provided under a group health plan.
(iii) Coverage issued as a supplement to
liability insurance.
(iv) Liability insurance, including general
liability insurance and automobile liability
insurance.
(v) Workers' compensation or similar
insurance.
(vi) Automobile medical-payment insurance.
(vii) Coverage for a specified disease or
illness.
(viii) Hospital or fixed indemnity
insurance.
(ix) Short-term limited duration insurance.
(x) Such other coverage, comparable to that
described in previous clauses, as may be
specified in regulations prescribed by the
Secretary.
(2) Group health plan.--
(A) In general.--Subject to subparagraph (B), the
term ``group health plan'' means an employee welfare
benefit plan (as defined in section 3 of the Employee
Retirement Income Security Act of 1974) to the extent
that the plan provides medical care (as defined in
paragraph (5)) to employees or their dependents (as
defined under the terms of the plan) directly or
through insurance, reimbursement, or otherwise, and
includes a group health plan (within the meaning of
section 5000(b)(1) of the Internal Revenue Code of
1986).
(B) Exclusion of plans with limited coverage.--An
employee welfare benefit plan shall be treated as a
group health plan under this section only with respect
to medical care which is provided under the plan and
which does not consist of coverage excluded from the
definition of health insurance coverage under paragraph
(1)(B).
(3) Health maintenance organization.--The term ``health
maintenance organization'' means--
(A) a Federally qualified health maintenance
organization (as defined in section 1301(a) of the
Public Health Service Act (42 U.S.C. 300e(a))),
(B) an organization recognized under State law as a
health maintenance organization, or
(C) a similar organization regulated under State
law for solvency in the same manner and to the same
extent as such a health maintenance organization,
if it is subject to State law which regulates insurance (within
the meaning of section 514(b)(2) of the Employee Retirement
Income Security Act of 1974).
(4) Insurer.--The term ``insurer'' means an insurance
company, insurance service, or insurance organization which is
licensed to engage in the business of insurance in a State and
which is subject to State law which regulates insurance (within
the meaning of section 514(b)(2)(A) of the Employee Retirement
Income Security Act of 1974).
(5) Medical care.--The term ``medical care'' means--
(A) amounts paid for, or items or services in the
form of, the diagnosis, cure, mitigation, treatment, or
prevention of disease, or amounts paid for, or items or
services provided for, the purpose of affecting any
structure or function of the body,
(B) amounts paid for, or services in the form of,
transportation primarily for and essential to medical
care referred to in subparagraph (A), and
(C) amounts paid for insurance covering medical
care referred to in subparagraphs (A) and (B).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(7) State.--The term ``State'' includes the District of
Columbia, Puerto Rico, the Virgin Islands, the Northern Mariana
Islands, Guam, and American Samoa.
(i) Effective Date.--This section shall apply to health insurance
coverage that is issued, renewed, or amended on or after January 1,
1997, and to group health plans for plan years beginning on or after
such date. | Women's Preventive Health Care Act of 1996 - Requires every policy or contract for health insurance coverage and every group health plan to include coverage for screening pap smears and low-dose screening mammographies. Regulates cost sharing and frequency of coverage and provides for enforcement. Declares that this Act does not preempt State law to the extent State law provides greater protection to women. | {"src": "billsum_train", "title": "Women's Preventive Health Care Act of 1996"} | 2,129 | 90 | 0.562102 | 1.384366 | 1.190543 | 2.830986 | 27.211268 | 0.915493 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Low-Dose Radiation Research Act of
2018''.
SEC. 2. LOW-DOSE RADIATION RESEARCH PROGRAM.
(a) In General.--Subtitle G of title IX of the Energy Policy Act of
2005 (42 U.S.C. 16311 et seq.) is amended by inserting after section
977 the following new section:
``SEC. 977A. LOW-DOSE RADIATION RESEARCH PROGRAM.
``(a) In General.--The Secretary shall carry out a basic research
program on low-dose radiation to--
``(1) enhance the scientific understanding of, and reduce
uncertainties associated with, the effects of exposure to low-
dose radiation; and
``(2) inform improved risk-assessment and risk-management
methods with respect to such radiation.
``(b) Program Components.--In carrying out the program required
under subsection (a), the Secretary shall--
``(1) formulate scientific goals for low-dose radiation
basic research in the United States;
``(2) identify ongoing scientific challenges for
understanding the long-term effects of ionizing radiation on
biological systems;
``(3) develop a long-term strategic and prioritized basic
research agenda to address such scientific challenges in
coordination with other research efforts;
``(4) identify and, to the extent possible, quantify,
potential monetary and health-related benefits to Federal
agencies, the general public, industry, research communities,
and other users of information produced by such research
program;
``(5) leverage the collective body of knowledge from
existing low-dose radiation research; and
``(6) engage with other Federal agencies, research
communities, and potential users of information produced under
this section, including institutions concerning radiation
research, medical physics, radiology, health physics, and
emergency response.
``(c) Coordination.--In carrying out the program, the Secretary, in
coordination with the Physical Science Subcommittee of the National
Science and Technology Council, shall--
``(1) support the directives under section 106 of the
American Innovation and Competitiveness Act (42 U.S.C. 6601
note);
``(2) ensure that the Office of Science of the Department
of Energy consults with the National Aeronautics and Space
Administration, the National Institutes of Health, the
Environmental Protection Agency, the Department of Defense, the
Nuclear Regulatory Commission, and the Department of Homeland
Security;
``(3) advise and assist the National Science and Technology
Council on policies and initiatives in radiation biology,
including enhancing scientific knowledge of the effects of low-
dose radiation on biological systems to improve radiation risk-
assessment and risk-management methods; and
``(4) identify opportunities to stimulate international
cooperation relating to low-dose radiation and leverage
research and knowledge from sources outside of the United
States.
``(d) Research Plan.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall transmit to the Committee on
Science, Space, and Technology of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a 4-year
research plan that identifies and prioritizes basic research needs
relating to low-dose radiation. In developing such plan, the Secretary
shall incorporate the components described in subsection (b).
``(e) Definition of Low-Dose Radiation.--In this section, the term
`low-dose radiation' means a radiation dose of less than 100
millisieverts.
``(f) Rule of Construction.--Nothing in this section shall be
construed to subject any research carried out by the Secretary for the
program under this section to any limitations described in 977(e) of
the Energy Policy Act of 2005 (42 U.S.C. 16317(e)).
``(g) Funding.--For purposes of carrying out this section, the
Secretary is authorized to make available from funds provided to the
Biological and Environmental Research Program--
``(1) $20,000,000 for fiscal year 2018;
``(2) $20,000,000 for fiscal year 2019;
``(3) $30,000,000 for fiscal year 2020; and
``(4) $30,000,000 for fiscal year 2021.''.
(b) Conforming Amendment.--The table of contents for subtitle G of
title IX of the Energy Policy Act of 2005 is amended by inserting after
the item relating to section 977 the following:
``977A. Low-dose radiation research program.''.
SEC. 3. SPENDING LIMITATION.
No additional funds are authorized to be appropriated to carry out
this Act and the amendments made by this Act, and this Act and such
amendments shall be carried out using amounts otherwise available for
such purpose.
Passed the House of Representatives February 13, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Low-Dose Radiation Research Act of 2018 (Sec. 2) This bill requires the Department of Energy to carry out a research program on low-dose radiation to enhance the scientific understanding of the effects of exposure and to improve risk-assessment and risk-management methods. "Low-dose radiation" is defined as a dose less than 100 millisieverts. (The Nuclear Regulatory Commission limits an adult's annual occupational radiation dose to 50 millisieverts.) | {"src": "billsum_train", "title": "Low-Dose Radiation Research Act of 2017"} | 1,059 | 114 | 0.537168 | 1.384763 | 0.589305 | 2.885057 | 11.402299 | 0.83908 |
SECTION 1. GRANTING OF COPYRIGHT.
Notwithstanding any other provision of law, copyright is hereby
granted to Inna Hecker Grade and her successors and assigns in the
works set forth in section 2 by Chaim Grade, including all editions in
English and translations heretofore published or hereafter published by
Inna Hecker Grade or her successors or assigns, for a term of 50 years
from June 26, 1982 (the date of death of Chaim Grade). The copyright
owner shall be entitled to all rights and remedies provided to
copyright owners generally by law, except that no liability shall
attach under this Act for lawful uses made or acts done before the date
of enactment of this Act in connection with such works, or in respect
to the continuance for one year subsequent to such date of any business
undertaking or enterprise lawfully undertaken before such date
involving expenditure or contractual obligation in connection with the
exploitation, production, reproduction, or circulation of such works.
SEC. 2. WORK SUBJECT TO COPYRIGHT.
The following works of Chaim Grade (including lectures and essays)
are covered by section 1:
(1) ``Yo'' (``Yes'');
(2) ``Musarnikes'' (``Mussarists'');
(3) ``Dojrois'' (``Generations'');
(4) ``Oyf di Hurves'' (``On the Ruins'');
(5) ``Pleitim'' (``Refugees'');
(6) ``Farvoksene Vegn'' (``Overgrown Paths'');
(7) ``Der Mames Tzavoe'' (``The Mother's Will'');
(8) ``Shayn fun Farloshene Shtern'' (``Shine of the
Extinguished Stars'');
(9) ``Mayn Krig Mit Hersh Rassayner'' (``My Quarrel with
Hersh Rassayner'');
(10) ``Yerushalaim shel Maylah, Yerushalaim shel Matah''
(``The Heavenly Jerusalem and the Earthly Jerusalem'');
(11) ``Hurbin'';
(12) ``Vilna'', with 5 major parts entitled:
(A) ``Vilna'';
(B) ``Di Shank'' (``The Tavern'');
(C) ``Der Ger-Tzadik'' (``The Convert'');
(D) ``Di Hiter fun der Shtot'' (``The Guardians of
the City'');
(E) ``Unter di Gevelbte Toyern'' (``Beneath the
Vaulted Gates'');
(13) ``Talmidei-Hahomin in der Lite'' (``Talmudic Scholars
in Lithuania'');
(14) ``Oyf Mayn Veg Tzu Dir''; (On My Way to You);
(15) ``Dos Alte Hoyz'' (``The Old House''), alternate
titles are:
(A) ``Zin un Tahter'' (``Sons and Daughters'');
(B) ``Der Beth-Horav'' (``The Rabbi's House'');
(16) ``Fun Unter der Erd'' (``From Beneath the Ground''),
the title of the first version is ``Froyen fun Ghetto''
(``Women of the Ghetto'');
(17) ``Yury Goresha'', a part of the novel ``From Beneath
the Ground'';
(18) ``Alte Boherim'' (``The Bachelors'');
(19) ``In Gerangl mitn Malah'' (``Wrestling with the
Angel''), subtitle is ``Lieder un Elegyes'' (``Poems and
Elegies''); Collected Poems, 1932-82;
(20) ``Chaim Nachman Bialik'';
(21) ``H. Leivik, der Poet fun Laydn un Goyrl'' (``H.
Leivik, The Poet of Suffering and Fate'');
(22) ``H. Leivik in Mayn Lehn and Shafn'' (``H. Leivik in
my Life and my Works)'';
(23) ``Itzik Manger, der Poet fun Shaynkayt un Shpil''
(``Itzik Manger, the Poet of Beauty and Play);
(24) ``Dray Yiddishe Classiker, Mendele, I.L. Peretz,
Sholem-Alaychem'' (Three Yiddish Classics, Mendel, I.L. Peretz,
Sholem-Alaychem);
(25) ``Anski, der Maskl, Revolutioner un Baal Tshuvah''
(``Anski, the Champion of Enlightenment, the Revolutionary and
the Penitent'');
(26) ``Problemen fun a Yiddishen Shrayber un Problemen fun
der Yiddisher Literatur'' (``Problems of a Yiddish Writer and
Problems of the Yiddish Literature'');
(27) ``Mayn Veg in der Yiddisher Literature'' (``My Path in
the Yiddish Literature'');
(28) ``I.L. Peretz'';
(29) ``Mayn Bagegenish mit Sovetishe Yiddisher Shrayber''
(``My Encounter with the Soviet Yiddish Writers'');
(30) ``Dray Dramatishe Poemen--`Di Goldene Kayt' `Der
Goylem', Der Dybbuk', (``Three Dramatic Poems--`The Golden
Chain', `The Goylem', `The Dybbuk''');
(31) ``Dray Hoybt Motiven in Mayn Shaffung'' (``Three Mayn
Motives in My Works'');
(32) ``Yung Vilna un ir Svivah'' (``Young Vilna and its
Milieu'');
(33) ``Shevet Tzion'' (``The Return to Zion'');
(34) ``Shabes un Voh in der Yiddisher Literatur'' (``The
Sabbath and the Weekdays in Yiddish Literature'');
(35) ``Mussarnikes un Litvishe Yeshives'' (``The Mussarists
and the Lithuanian Yeshivas'');
(36) ``Sholem Alaychem'';
(37) ``Nusah Mizrah Evrope un Reb Isroel Baal`Shem'Tov''
(``The Jewish Way of Life in Eastern Europe and Rabbi Israel
Baal`Shem'Tov'');
(38) ``Reb Isroel Salanter un Reb Isroel Baal`Shem'Tov''
(``Rabbi Israel Salanter and Rabbi Israel Baal`Shem'Tov'');
(39) ``Der Talmudhokem in der Yiddisher Literatur'' (``The
Talmudic Scholar in Yiddish Literature'');
(40) ``Di Haskore in Vilner Shtot Shul nohn Ger-Tzadik,
Graf Potocki'' (``The Memorial Service at the Grand Synagogue
of Vilna for the Convert, Count Potocki'');
(41) ``Dr. Shmuel Ravidovitch un zayn Philasophia fun
Yiddishen Kium Umetum'' (``Dr. Samuel Ravidovitch and his
Philosophy of the Jewish Life Worldwide'');
(42) ``Dr. Shmuel Ravidovich un zayn Kamf farn Yiddishen
Kium Umetum'' (``Dr. Samuel Ravidovich and his Struggle for the
Jewish Life Worldwide'');
(43) ``Zaynen di Yiddishe Shrayber in Sovet Russland Geven
Marranen?'' (``Were the Yiddish Writers in Soviet Russia
Marranos?'');
(44) ``Reb Yehudah Ibn Shmuel Dr. Kaufman'' (``Rabbi
Jehudah Ibn Samuel Dr. Kaufman'');
(45) ``Shir-HaShirim--a Liebe-Lied, a Natzional Gezang un
Mistishe Poeme'' (``The Song of Songs--A Love Song, a National
Hymn and a Mystical Poem'') lecture and essay;
(46) ``Tzfas un der Barg Miron'' (``Saffed and Mount
Miron'') lecture and essay;
(47) ``Mentshen, Shtayner un Flantzen in Eretz-Isroel''
(``The People, the Stones and the Greening of Israel'') lecture
and essay;
(48) ``Mit Vos Vilna Iz Geven Andersh?'' (``What Made Vilna
Unique?'');
(49) ``Histadruth'';
(50) ``Yiddish Lebn in Vilna far der Zvayter Velt Melhome''
(``Jewish Life in Vilna Before World War II'') alternate title
is ``Yiddish Folk lebn un Traditzie in der Lite'' (``Jewish
Folk-Life and Tradition in Lithuania'');
(51) ``Di Naye Hebreishe Literatur un der Yunger Dor in
Isroel'' (``The New Hebrew Literature and the Young Generation
in Israel'');
(52) ``Di Ibergeblibene'' (``The Survivors'');
(53) (``To the Survivors of the German Concentration Camps,
World Federation of Bergen-Belsen, Associations'');
(54) ``Drayssik Yor Shpeter'' (``Thirty Years Later'');
(55) ``Der Bodn un di Legende fun Eretz-Isroel,'' (``The
Soil and the Legend of the Land of Israel'');
(56) ``Di Letzte Mahlaykes tzvishn Rabonim in Vilna''
(``The Last Controversies Among the Rabbis of Vilna'');
(57) ``Amerikaner Yiddishe Poetn, Morris Rosenfeld, Avrohom
Reisen, Walt-Lessin un Mani Leib'', (``American Yiddish Poets,
Morris Rosenfeld, Avrohom Reisen, Walt-Lessin un Mani Leib'');
(58) Any other works of Chaim Grade, however created,
whether pubished or unpublished. | Grants a copyright to Inna Hecker Grade, her successors, and assigns for specified works of Chaim Grade for a 50-year term from June 26, 1982. | {"src": "billsum_train", "title": "For the relief of Inna Hecker Grade."} | 2,640 | 41 | 0.508099 | 1.512102 | 0.334203 | 2.548387 | 61.935484 | 0.935484 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Seniors as Volunteers in Our Schools
Act''.
SEC. 2. REFERENCES.
Except as otherwise specifically provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).
SEC. 3. GOVERNOR'S PROGRAMS.
Section 4114(c) (20 U.S.C. 7114(c)) is amended--
(1) in paragraph (11), by striking ``and'' after the
semicolon;
(2) in paragraph (12), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(13) drug and violence prevention activities that use the
services of appropriately qualified seniors for activities that
include mentoring, tutoring, and volunteering.''.
SEC. 4. LOCAL DRUG AND VIOLENCE PREVENTION PROGRAMS.
Section 4116(b) (20 U.S.C. 7116(b)) is amended--
(1) in paragraph (2), in the matter preceding subparagraph
(A), by inserting ``(including mentoring by appropriately
qualified seniors)'' after ``mentoring'';
(2) in paragraph (2)(C)--
(A) in clause (ii), by striking ``and'' after the
semicolon;
(B) in clause (iii), by inserting ``and'' after the
semicolon; and
(C) by adding at the end the following:
``(iv) drug and violence prevention
activities that use the services of
appropriately qualified seniors for such
activities as mentoring, tutoring, and
volunteering;'';
(3) in paragraph (4)(C), by inserting ``(including
mentoring by appropriately qualified seniors)'' after
``mentoring programs''; and
(4) in paragraph (8), by inserting ``and which may involve
appropriately qualified seniors working with students'' after
``settings''.
SEC. 5. NATIONAL PROGRAMS.
Section 4121(a) (20 U.S.C. 7131(a)) is amended--
(1) in paragraph (10), by inserting ``, including projects
and activities that promote the interaction of youth and
appropriately qualified seniors'' after ``responsibility''; and
(2) in paragraph (13), by inserting ``, including
activities that integrate appropriately qualified seniors in
activities, such as mentoring, tutoring, and volunteering''
after ``title''.
SEC. 6. AUTHORIZED SERVICES AND ACTIVITIES.
Section 9115(b) (20 U.S.C. 7815(b)) is amended--
(1) in paragraph (6), by striking ``and'' after the
semicolon;
(2) in paragraph (7), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(8) activities that recognize and support the unique
cultural and educational needs of Indian children, and
incorporate appropriately qualified tribal elders and
seniors.''.
SEC. 7. IMPROVEMENTS OF EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN.
Section 9121(c)(1) (20 U.S.C. 7831(c)(1)) is amended--
(1) in subparagraph (J), by striking ``or'' after the
semicolon;
(2) by redesignating subparagraph (K) as subparagraph (L);
and
(3) by inserting after subparagraph (J) the following:
``(K) activities that recognize and support the
unique cultural and educational needs of Indian
children, and incorporate appropriately qualified
tribal elders and seniors; or''.
SEC. 8. PROFESSIONAL DEVELOPMENT.
Section 9122(d)(1) (20 U.S.C. 7832(d)(1)) is amended in the second
sentence by striking the period and inserting ``, and may include
programs designed to train tribal elders and seniors.''.
SEC. 9. NATIVE HAWAIIAN COMMUNITY-BASED EDUCATION LEARNING CENTERS.
Section 9210(b) (20 U.S.C. 7910(b)) is amended--
(1) in paragraph (2), by striking ``and'' after the
semicolon; and
(2) in paragraph (3), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(4) programs that recognize and support the unique
cultural and educational needs of Native Hawaiian children, and
incorporate appropriately qualified Native Hawaiian elders and
seniors.''.
SEC. 10. ALASKA NATIVE STUDENT ENRICHMENT PROGRAMS.
Section 9306(b) (20 U.S.C. 7936(b)) is amended--
(1) in paragraph (3), by striking ``and'' after the
semicolon;
(2) in paragraph (4), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(5) activities that recognize and support the unique
cultural and educational needs of Alaskan Native children, and
incorporate appropriately qualified Alaskan Native elders and
seniors.''.
SEC. 11. GIFTED AND TALENTED CHILDREN.
Section 10204(b)(3) (20 U.S.C. 8034(b)(3)) is amended by striking
``and parents'' and inserting ``, parents, and appropriately qualified
senior volunteers''.
SEC. 12. 21ST CENTURY COMMUNITY LEARNING CENTERS.
Section 10904(a)(3) (20 U.S.C. 8244(a)(3)) is amended--
(1) in subparagraph (D), by striking ``and'' after the
semicolon;
(2) in subparagraph (E), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(F) a description of how the school or consortium
will encourage and use appropriately qualified seniors
as volunteers in activities identified under section
10905.''. | Seniors as Volunteers in Our Schools Act - Amends the Elementary and Secondary Education Act of 1965 to require that appropriately qualified senior citizens be given an opportunity to serve as mentors, tutors, and volunteers for: (1) State Governors', local, and national programs for drug and violence prevention; (2) programs for education of Indian children, through local educational agencies and special projects; (3) inclusion in training for professions that serve Indians; (4) Native Hawaiian community-based education learning centers; (5) Alaska Native student enrichment programs; (6) gifted and talented children's programs; and (7) 21st Century Learning Centers. | {"src": "billsum_train", "title": "A bill to amend the Elementary and Secondary Education Act of 1965 to ensure that seniors are given an opportunity to serve as mentors, tutors, and volunteers for certain programs."} | 1,401 | 133 | 0.498592 | 1.420958 | 0.592136 | 2.708661 | 9.606299 | 0.850394 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Prisoner Health Care
Copayment Act of 2000''.
SEC. 2. HEALTH CARE FEES FOR PRISONERS IN FEDERAL INSTITUTIONS.
(a) In General.--Chapter 303 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 4048. Fees for health care services for prisoners
``(a) Definitions.--In this section--
``(1) the term `account' means the trust fund account (or
institutional equivalent) of a prisoner;
``(2) the term `Director' means the Director of the Bureau
of Prisons;
``(3) the term `health care provider' means any person who
is--
``(A) authorized by the Director to provide health
care services; and
``(B) operating within the scope of such
authorization;
``(4) the term `health care visit'--
``(A) means a visit, as determined by the Director,
by a prisoner to an institutional or noninstitutional
health care provider; and
``(B) does not include a visit initiated by a
prisoner--
``(i) pursuant to a staff referral; or
``(ii) to obtain staff-approved follow-up
treatment for a chronic condition; and
``(5) the term `prisoner' means--
``(A) any individual who is incarcerated in an
institution under the jurisdiction of the Bureau of
Prisons; or
``(B) any other individual, as designated by the
Director, who has been charged with or convicted of an
offense against the United States.
``(b) Fees for Health Care Services.--
``(1) In general.--The Director, in accordance with this
section and with such regulations as the Director shall
promulgate to carry out this section, may assess and collect a
fee for health care services provided in connection with each
health care visit requested by a prisoner.
``(2) Exclusion.--The Director may not assess or collect a
fee under this section for preventative health care services,
emergency services, prenatal care, diagnosis or treatment of
chronic infectious diseases, mental health care, or substance
abuse treatment, as determined by the Director.
``(c) Persons Subject to Fee.--Each fee assessed under this section
shall be collected by the Director from the account of--
``(1) the prisoner receiving health care services in
connection with a health care visit described in subsection
(b)(1); or
``(2) in the case of health care services provided in
connection with a health care visit described in subsection
(b)(1) that results from an injury inflicted on a prisoner by
another prisoner, the prisoner who inflicted the injury, as
determined by the Director.
``(d) Amount of Fee.--Any fee assessed and collected under this
section shall be in an amount of not less than $1.
``(e) No Consent Required.--Notwithstanding any other provision of
law, the consent of a prisoner shall not be required for the collection
of a fee from the account of the prisoner under this section. However,
each such prisoner shall be given a reasonable opportunity to dispute
the amount of the fee or whether the prisoner qualifies under an
exclusion under this section.
``(f) No Refusal of Treatment for Financial Reasons.--Nothing in
this section may be construed to permit any refusal of treatment to a
prisoner on the basis that--
``(1) the account of the prisoner is insolvent; or
``(2) the prisoner is otherwise unable to pay a fee
assessed under this section.
``(g) Use of Amounts.--
``(1) Restitution of specific victims.--Amounts collected
by the Director under this section from a prisoner subject to
an order of restitution issued pursuant to section 3663 or
3663A shall be paid to victims in accordance with the order of
restitution.
``(2) Allocation of other amounts.--Of amounts collected by
the Director under this section from prisoners not subject to
an order of restitution issued pursuant to section 3663 or
3663A--
``(A) 75 percent shall be deposited in the Crime
Victims Fund established under section 1402 of the
Victims of Crime Act of 1984 (42 U.S.C. 10601); and
``(B) 25 percent shall be available to the Attorney
General for administrative expenses incurred in
carrying out this section.
``(h) Notice to Prisoners of Law.--Each person who is or becomes a
prisoner shall be provided with written and oral notices of the
provisions of this section and the applicability of this section to the
prisoner. Notwithstanding any other provision of this section, a fee
under this section may not be assessed against, or collected from, such
person--
``(1) until the expiration of the 30-day period beginning
on the date on which each prisoner in the prison system is
provided with such notices; and
``(2) for services provided before the expiration of such
period.
``(i) Notice to Prisoners of Regulations.--The regulations
promulgated by the Director under subsection (b)(1), and any amendments
to those regulations, shall not take effect until the expiration of the
30-day period beginning on the date on which each prisoner in the
prison system is provided with written and oral notices of the
provisions of those regulations (or amendments, as the case may be). A
fee under this section may not be assessed against, or collected from,
a prisoner pursuant to such regulations (or amendments, as the case may
be) for services provided before the expiration of such period.
``(j) Notice Before Public Comment Period.--Before the beginning of
any period a proposed regulation under this section is open to public
comment, the Director shall provide written and oral notice of the
provisions of that proposed regulation to groups that advocate on
behalf of Federal prisoners and to each prisoner subject to such
proposed regulation.
``(k) Reports to Congress.--Not later than 1 year after the date of
the enactment of the Federal Prisoner Health Care Copayment Act of
2000, and annually thereafter, the Director shall transmit to Congress
a report, which shall include--
``(1) a description of the amounts collected under this
section during the preceding 12-month period;
``(2) an analysis of the effects of the implementation of
this section, if any, on the nature and extent of health care
visits by prisoners;
``(3) an itemization of the cost of implementing and
administering the program;
``(4) a description of current inmate health status
indicators as compared to the year prior to enactment; and
``(5) a description of the quality of health care services
provided to inmates during the preceding 12-month period, as
compared with the quality of those services provided during the
12-month period ending on the date of the enactment of such
Act.''.
(b) Clerical Amendment.--The analysis for chapter 303 of title 18,
United States Code, is amended by adding at the end the following:
``4048. Fees for health care services for prisoners.''.
SEC. 3. HEALTH CARE FEES FOR FEDERAL PRISONERS IN NON-FEDERAL
INSTITUTIONS.
Section 4013 of title 18, United States Code, is amended by adding
at the end the following:
``(c) Health Care Fees for Federal Prisoners in Non-Federal
Institutions.--
``(1) In general.--Notwithstanding amounts paid under
subsection (a)(3), a State or local government may assess and
collect a reasonable fee from the trust fund account (or
institutional equivalent) of a Federal prisoner for health care
services, if--
``(A) the prisoner is confined in a non-Federal
institution pursuant to an agreement between the
Federal Government and the State or local government;
``(B) the fee--
``(i) is authorized under State law; and
``(ii) does not exceed the amount collected
from State or local prisoners for the same
services; and
``(C) the services--
``(i) are provided within or outside of the
institution by a person who is licensed or
certified under State law to provide health
care services and who is operating within the
scope of such license;
``(ii) constitute a health care visit
within the meaning of section 4048(a)(4) of
this title; and
``(iii) are not preventative health care
services, emergency services, prenatal care,
diagnosis or treatment of chronic infectious
diseases, mental health care, or substance
abuse treatment.
``(2) No refusal of treatment for financial reasons.--
Nothing in this subsection may be construed to permit any
refusal of treatment to a prisoner on the basis that--
``(A) the account of the prisoner is insolvent; or
``(B) the prisoner is otherwise unable to pay a fee
assessed under this subsection.
``(3) Notice to prisoners of law.--Each person who is or
becomes a prisoner shall be provided with written and oral
notices of the provisions of this subsection and the
applicability of this subsection to the prisoner.
Notwithstanding any other provision of this subsection, a fee
under this section may not be assessed against, or collected
from, such person--
``(A) until the expiration of the 30-day period
beginning on the date on which each prisoner in the
prison system is provided with such notices; and
``(B) for services provided before the expiration
of such period.
``(4) Notice to prisoners of state or local
implementation.--The implementation of this subsection by the
State or local government, and any amendment to that
implementation, shall not take effect until the expiration of
the 30-day period beginning on the date on which each prisoner
in the prison system is provided with written and oral notices
of the provisions of that implementation (or amendment, as the
case may be). A fee under this subsection may not be assessed
against, or collected from, a prisoner pursuant to such
implementation (or amendments, as the case may be) for services
provided before the expiration of such period.
``(5) Notice before public comment period.--Before the
beginning of any period a proposed implementation under this
subsection is open to public comment, written and oral notice
of the provisions of that proposed implementation shall be
provided to groups that advocate on behalf of Federal prisoners
and to each prisoner subject to such proposed
implementation.''.
SEC. 4. COMPREHENSIVE HIV/AIDS SERVICES REQUIRED TO BE INCLUDED IN
HEALTH CARE SERVICES FOR WHICH HEALTH CARE FEES MAY BE
ASSESSED.
Any health care services for which a person may be assessed a fee
under section 4048 of title 18, United States Code (as added by section
2) or section 4013(c) of such title (as added by section 3) shall
include comprehensive coverage for services relating to human
immunodeficiency virus (HIV) and acquired immune deficiency syndrome
(AIDS). | Requires that each fee assessed be collected by the Director: (1) from the account of the prisoner receiving health care services; or (2) if such services are provided because of an injury inflicted by another prisoner, from the account of the prisoner who inflicted the injury. Sets a minimum fee of one dollar. Specifies that the prisoner's consent shall not be required for the collection of the fee (but each prisoner shall be given a reasonable opportunity to dispute the amount of the fee or whether the prisoner qualifies under an exclusion).
Specifies that nothing herein may be construed to permit refusal of treatment to a prisoner on the basis that: (1) the prisoner's account is insolvent; or (2) the prisoner is otherwise unable to pay.
Requires that sums collected under this Act: (1) be used for restitution of the victims where the prisoner is subject to a restitution order; and (2) be deposited in the Crime Victims Fund (75 percent) and be available to the Attorney General for administrative expenses incurred in carrying out this Act (25 percent) where the prisoner is not subject to such an order.
Sets forth provisions regarding: (1) notice to prisoners regarding this Act's provisions and related regulations; (2) notice before a public comment period; and (3) reporting requirements by the Director, including an itemization of the cost of implementing and administering the program, a description of current inmate health status indicators as compared to the year prior to enactment, and a description of the quality of health care services provided during the 12-month period ending on this Act's enactment date.
Directs the Bureau to provide comprehensive coverage for services relating to human immuno-deficiency virus (HIV) and acquired immune deficiency syndrome (AIDS) to each Federal prisoner in the Bureau's custody when medically appropriate. Prohibits the Bureau from assessing or collecting a fee for providing such coverage.
(Sec. 3) Amends the code to authorize a State or local government to assess and collect a reasonable fee from a Federal prisoner's trust fund account (or institutional equivalent) for health care services if the prisoner is confined in a non-Federal institution under specified circumstances. Sets forth provisions regarding notice to prisoners regarding this Act's provisions and regarding State or local implementation thereof.
Requires that any State or local government assessing or collecting a fee under this section provide comprehensive coverage for services relating to HIV and AIDS to each Federal prisoner in the custody of such State or local government when medically appropriate. Prohibits the State or local government from assessing or collecting a fee for providing such coverage. | {"src": "billsum_train", "title": "Federal Prisoner Health Care Copayment Act of 2000"} | 2,506 | 604 | 0.631426 | 2.006484 | 0.627208 | 3.706458 | 4.510763 | 0.876712 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``New IDEA (Illegal Deduction
Elimination Act)''.
SEC. 2. CLARIFICATION THAT WAGES PAID TO UNAUTHORIZED ALIENS MAY NOT BE
DEDUCTED FROM GROSS INCOME.
(a) In General.--Subsection (c) of section 162 of the Internal
Revenue Code of 1986 (relating to illegal bribes, kickbacks, and other
payments) is amended by adding at the end the following new paragraph:
``(4) Wages paid to or on behalf of unauthorized aliens.--
``(A) In general.--No deduction shall be allowed
under subsection (a) for any wage paid to or on behalf
of an unauthorized alien, as defined under section
274A(h)(3) of the Immigration and Nationality Act (8
U.S.C. 1324a(h)(3)).
``(B) Wages.--For the purposes of this paragraph,
the term `wages' means all remuneration for employment,
including the cash value of all remuneration (including
benefits) paid in any medium other than cash.
``(C) Safe harbor.--If a person or other entity is
participating in the basic pilot program described in
section 403 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a
note) and obtains confirmation of identity and
employment eligibility in compliance with the terms and
conditions of the program with respect to the hiring
(or recruitment or referral) of an employee,
subparagraph (A) shall not apply with respect to wages
paid to such employee.''.
(b) 6-Year Limitation on Assessment and Collection.--Subsection (c)
of section 6501 of such Code (relating to exceptions) is amended by
adding at the end the following new paragraph:
``(11) Deduction claimed for wages paid to unauthorized
aliens.--In the case of a return of tax on which a deduction is
shown in violation of section 162(c)(4), any tax under chapter
1 may be assessed, or a proceeding in court for the collection
of such tax may be begun without assessment, at any time within
6 years after the return was filed.''.
(c) Use of Documentation for Enforcement Purposes.--Section 274A of
the Immigration and Nationality Act (8 U.S.C. 1324a) is amended--
(1) in subparagraph (b)(5), by inserting ``, section
162(c)(4) of the Internal Revenue Code of 1986,'' after
``enforcement of this Act'';
(2) in subparagraph (d)(2)(F), by inserting ``, section
162(c)(4) of the Internal Revenue Code of 1986,'' after
``enforcement of this Act''; and
(3) in subparagraph (d)(2)(G), by inserting ``section
162(c)(4) of the Internal Revenue Code of 1986 or'' after ``or
enforcement of''.
(d) Availability of Information.--
(1) In general.--The Commissioner of Social Security, the
Secretary of the Department of Homeland Security, and the
Secretary of the Treasury, shall jointly establish a program to
share information among such agencies that may or could lead to
the identification of unauthorized aliens (as defined under
section 274A(h)(3) of the Immigration and Nationality Act),
including any no-match letter, any information in the earnings
suspense file, and any information in the investigation and
enforcement of section 162(c)(4) of the Internal Revenue Code
of 1986.
(2) Disclosure by secretary of the treasury.--
(A) In general.--Subsection (i) of section 6103 of
the Internal Revenue Code of 1986 is amended by adding
at the end the following new paragraph:
``(9) Payment of wages to unauthorized aliens.--Upon
request from the Commissioner of the Social Security
Administration or the Secretary of the Department of Homeland
Security, the Secretary shall disclose to officers and
employees of such Administration or Department--
``(A) taxpayer identity information of employers
who paid wages with respect to which a deduction was
not allowed by reason of section 162(c)(4), and
``(B) taxpayer identity information of individuals
to whom such wages were paid,
for purposes of carrying out any enforcement activities of such
Administration or Department with respect to such employers or
individuals.''.
(B) Record keeping.--Paragraph (4) of section
6103(p) of such Code is amended--
(i) by striking ``(5), or (7)'' in the
matter preceding subparagraph (A) and inserting
``(5), (7), or (9)'', and
(ii) by striking ``(5) or (7)'' in
subparagraph (F)(ii) and inserting ``(5), (7),
or (9)''.
(e) Effective Date.--
(1) Except as provided in paragraph (2), this Act and the
amendments made by this Act shall take effect on the date of
the enactment of this Act.
(2) The amendments made by subsections (a) and (b) shall
apply to taxable years beginning after December 31, 2007.
SEC. 3. MODIFICATION OF BASIC PILOT PROGRAM FOR EMPLOYMENT ELIGIBILITY
VERIFICATION.
(a) Making Permanent.--Subsection (b) of section 401 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C.1324a note) is amended by striking the last sentence.
(b) Application to Current Employees.--
(1) Voluntary election.--The first sentence of section
402(a) of such Act is amended to read as follows: ``Any person
or other entity that conducts any hiring (or recruitment or
referral) in a State or employs any individuals in a State may
elect to participate in a pilot program.''.
(2) Benefit of rebuttable presumption.--Paragraph (1) of
section 402(b) of such Act is amended by adding at the end the
following: ``If a person or other entity is participating in a
pilot program and obtains confirmation of identity and
employment eligibility in compliance with the terms and
conditions of the program with respect to individuals employed
by the person or entity, the person or entity has established a
rebuttable presumption that the person or entity has not
violated section 274A(a)(2) with respect to such
individuals.''.
(3) Scope of election.--Subparagraph (A) of section
402(c)(2) of such Act is amended to read as follows:
``(A) In general.--Any electing person or other
entity may provide that the election under subsection
(a) shall apply (during the period in which the
election is in effect)--
``(i) to all its hiring (and all
recruitment or referral);
``(ii) to all its hiring (and all
recruitment or referral and all individuals
employed by the person or entity);
``(iii) to all its hiring (and all
recruitment or referral) in one or more States
or one or more places of hiring (or recruitment
or referral, as the case may be); or
``(iv) to all its hiring (and all
recruitment or referral and all individuals
employed by the person or entity) in one or
more States or one or more place of hiring (or
recruitment or referral or employment, as the
case may be).''.
(4) Procedures for participants in basic pilot program.--
Subsection (a) of section 403 of such Act is amended--
(A) in the matter preceding paragraph (1), by
inserting ``or continued employment in the United
States'' after ``United States''; and
(B) in paragraph (3)--
(i) in subparagraph (A), by striking all
that follows ``(as specified by the Attorney
General)'' and inserting ``after the date of
the hiring, or recruitment or referral, in the
case of inquiries made pursuant to a hiring,
recruitment or referral (and not of previously
hired individuals).''; and
(ii) in subparagraph (B), by striking
``such 3 working days'' and inserting ``the
specified period''. | New IDEA (Illegal Deduction Elimination Act) - Amends the Internal Revenue Code to deny a tax deduction for wages and benefits paid to or on behalf of an unauthorized alien.
Directs the Commissioner of Social Security and the Secretaries of Homeland Security and the Treasury to jointly establish a program to share information that may lead to the identification of unauthorized aliens. Requires the Secretary of the Treasury to provide taxpayer identity information to the Commissioner of Social Security and the Secretary of Homeland Security on employers who paid nondeductible wages to unauthorized aliens and on the aliens to whom such wages were paid.
Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to: (1) make permanent the pilot program for verifying the employment eligibility of alien workers (E-Verify Program); (2) apply such program to current employees in addition to new hires; and (3) establish a rebuttable presumption that employers who participate in the pilot program have not violated the prohibition against continued employment of unauthorized aliens. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to clarify that wages paid to unauthorized aliens may not be deducted from gross income, and for other purposes."} | 1,863 | 223 | 0.540466 | 1.538441 | 0.719583 | 2.573684 | 8.684211 | 0.910526 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cybersecurity Public Awareness Act
of 2013''.
SEC. 2. FINDINGS.
(a) Congress finds the following:
(1) Information technology is central to the effectiveness,
efficiency, and reliability of industrial and commercial
services, Armed Forces and national security systems, and the
critical infrastructure of the United States.
(2) Cyber criminals, terrorists, and agents of foreign
powers have taken advantage of the connectivity of the United
States to inflict substantial damage to the economic and
national security interests of the Nation.
(3) The cyber threat is sophisticated, relentless, and
massive, exposing consumers in the United States to the risk of
substantial harm.
(4) Businesses in the United States are bearing substantial
losses as a result of criminal cyber attacks, depriving
businesses of hard-earned profits that could be reinvested in
further job-producing innovation.
(5) Hackers continuously probe the networks of Federal and
State agencies, the Armed Forces, and the commercial industrial
base of the Armed Forces, and already have caused substantial
damage and compromised sensitive and classified information.
(6) Severe cyber threats will continue, and will likely
grow, as the economy of the United States grows more connected,
criminals become increasingly sophisticated in efforts to steal
from consumers, industries, and businesses in the United
States, and terrorists and foreign nations continue to use
cyberspace as a means of attack against the national and
economic security of the United States.
(7) Public awareness of cyber threats is essential to
cybersecurity. Only a well-informed public and Congress can
make the decisions necessary to protect consumers, industries,
and the national and economic security of the United States.
(8) As of 2013, the level of public awareness of cyber
threats is unacceptably low. Only a tiny portion of relevant
cybersecurity information is released to the public.
Information about attacks on Federal Government systems is
usually classified. Information about attacks on private
systems is ordinarily kept confidential. Sufficient mechanisms
do not exist to provide meaningful threat reports to the public
in unclassified and anonymized form.
SEC. 3. CYBER INCIDENTS AGAINST GOVERNMENT NETWORKS.
(a) Department of Homeland Security.--Not later than 180 days after
the date of enactment of this Act, and annually thereafter, the
Secretary of Homeland Security shall submit to Congress a report that--
(1) summarizes major cyber incidents involving networks of
executive agencies (as defined in section 105 of title 5,
United States Code), except for the Department of Defense;
(2) provides aggregate statistics on the number of breaches
of networks of executive agencies, the volume of data
exfiltrated, and the estimated cost of remedying the breaches;
and
(3) discusses the risk of cyber sabotage.
(b) Department of Defense.--Not later than 180 days after the date
of enactment of this Act, and annually thereafter, the Secretary of
Defense shall submit to Congress a report that--
(1) summarizes major cyber incidents against networks of
the Department of Defense and the military departments;
(2) provides aggregate statistics on the number of breaches
against networks of the Department of Defense and the military
departments, the volume of data exfiltrated, and the estimated
cost of remedying the breaches; and
(3) discusses the risk of cyber sabotage.
(c) Form of Reports.--Each report submitted under this section
shall be in unclassified form, but may include a classified annex as
necessary to protect sources, methods, and national security.
SEC. 4. PROSECUTION FOR CYBERCRIME.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Attorney General and the Director of the
Federal Bureau of Investigation shall submit to Congress reports--
(1) describing investigations and prosecutions by the
Department of Justice relating to cyber intrusions, computer or
network compromise, or other forms of illegal hacking the
preceding year, including--
(A) the number of investigations initiated relating
to such crimes;
(B) the number of arrests relating to such crimes;
(C) the number and description of instances in
which investigations or prosecutions relating to such
crimes have been delayed or prevented because of an
inability to extradite a criminal defendant in a timely
manner; and
(D) the number of prosecutions for such crimes,
including--
(i) the number of defendants prosecuted;
(ii) whether the prosecutions resulted in a
conviction;
(iii) the sentence imposed and the
statutory maximum for each such crime for which
a defendant was convicted; and
(iv) the average sentence imposed for a
conviction of such crimes;
(2) identifying the number of employees, financial
resources, and other resources (such as technology and
training) devoted to the enforcement, investigation, and
prosecution of cyber intrusions, computer or network
compromised, or other forms of illegal hacking, including the
number of investigators, prosecutors, and forensic specialists
dedicated to investigating and prosecuting cyber intrusions,
computer or network compromise, or other forms of illegal
hacking; and
(3) discussing any impediments under the laws of the United
States or international law to prosecutions for cyber
intrusions, computer or network compromise, or other forms of
illegal hacking.
(b) Updates.--The Attorney General and the Director of the Federal
Bureau of Investigation shall annually submit to Congress reports
updating the reports submitted under section (a) at the same time the
Attorney General and Director submit annual reports under section 404
of the Prioritizing Resources and Organization for Intellectual
Property Act of 2008 (42 U.S.C. 3713d).
SEC. 5. RESPONSE TO REQUESTS FOR ASSISTANCE IN PRIVATE SECTOR CYBER
INCIDENTS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter, the Secretary of
Homeland Security shall submit to Congress a report that describes
policies and procedures through which Federal agencies, upon request
from a private sector entity, assist in the defense of the information
networks of the requesting private sector entity against cyber threats
that could result in loss of life or significant harm to the national
economy or national security.
(b) Form of Reports.--Each report submitted under this section
shall be in unclassified form, but may include a classified annex as
necessary to protect sources, methods, proprietary or sensitive
business information, and national security.
SEC. 6. REPORTING TO SHAREHOLDERS OF CYBER RISKS AND CYBER INCIDENTS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter for 3 years, the
Securities and Exchange Commission, in consultation with the Secretary
of Commerce and the Secretary of Homeland Security, shall submit to
Congress a report--
(1) assessing the reporting of cyber risk or cyber
incidents in financial statements by issuers of securities; and
(2) evaluating relevant Commission actions, including the
staff guidance issued by the Commission on October 13, 2011.
(b) Prohibition.--A report submitted under this section shall not
include proprietary or sensitive business information or identify any
individual issuer.
SEC. 7. REGULATORS OF CRITICAL INFRASTRUCTURE.
(a) Definitions.--In this section--
(1) the term ``critical infrastructure sector'' means any
sector identified in Presidential Policy Directive-21, issued
February 12, 2013 (or any successor thereto); and
(2) the term ``relevant agencies'' means--
(A) the sector-specific agencies identified in
Presidential Policy Directive-21, issued February 12,
2013 (or any successor thereto); and
(B) each agency (as defined in section 3502(1) of
title 44, United States Code) that has substantial
regulatory authority in a critical infrastructure
sector.
(b) Reports.--Not later than 180 days after the date of enactment
of this Act, and annually thereafter for 3 years, the Secretary of
Homeland Security, in consultation with relevant agencies, shall submit
to Congress a report that describes the--
(1) nature and state of the vulnerabilities to cyber
threats of each critical infrastructure sector;
(2) prevalence and seriousness of cyber threats in each
critical infrastructure sector;
(3) recommended steps to thwart or diminish cyber threats;
and
(4) the degree to which cybersecurity and information
assurance cooperative activities with private sector partners
developed by the Department of Defense and its defense
industrial base have been employed in each critical
infrastructure sector.
(c) Form of Reports.--Each report submitted under this section--
(1) shall be in unclassified form;
(2) shall not--
(A) identify any individual private sector entity;
and
(B) include proprietary or sensitive business
information; and
(3) may include a classified annex as necessary to protect
sources, methods, and national security.
SEC. 8. RESEARCH REPORT ON DEVELOPING TECHNOLOGIES THAT WOULD ENHANCE
CYBERSECURITY OF CRITICAL INFRASTRUCTURE ENTITIES.
(a) Definition.--In this section, the term ``critical
infrastructure'' has the meaning given that term in section 1016(e) of
the USA PATRIOT Act (42 U.S.C. 5195c(e)).
(b) Reports.--
(1) In general.--The Secretary of Homeland Security shall
enter into a contract with the National Research Council, or
another federally funded research and development corporation,
under which the Council or corporation shall submit to Congress
a report on opportunities to develop new technologies or
technological approaches, including developing a secure domain,
that would enhance the cybersecurity of critical infrastructure
entities.
(2) Limitations.--The report required under paragraph (1)
shall--
(A) consider only technologies or technological
options that can be deployed consistent with
constitutional and statutory privacy rights; and
(B) identify any technologies or technological
options described in subparagraph (A) that merit
Federal research support.
(3) Timing.--The contract entered into under paragraph (1)
shall require that the report described in paragraph (1) be
submitted not later than 1 year after the date of enactment of
this Act. The Secretary of Homeland Security may enter into
additional subsequent contracts as appropriate.
SEC. 9. PREPAREDNESS OF FEDERAL COURTS TO PROMOTE CYBERSECURITY.
Not later than 180 days after the date of enactment of this Act,
the Attorney General, in coordination with the Administrative Office of
the United States Courts, shall submit to Congress a report--
(1) on whether Federal courts have granted timely relief in
matters relating to botnets and other cybercrime and cyber
threats; and
(2) that includes, as appropriate, recommendations on
changes or improvements to--
(A) the Federal Rules of Civil Procedure or the
Federal Rules of Criminal Procedure;
(B) the training and other resources available to
support the Federal judiciary;
(C) the capabilities and specialization of courts
to which such cases may be assigned; and
(D) Federal civil and criminal laws.
SEC. 10. IMPEDIMENTS TO PUBLIC AWARENESS.
Not later than 180 days after the date of enactment of this Act,
and annually thereafter for 3 years (or more frequently if determined
appropriate by the Secretary of Homeland Security) the Secretary of
Homeland Security shall submit to Congress a report on--
(1) legal or other impediments to appropriate public
awareness of--
(A) the nature of, methods of propagation of, and
damage caused by common cyber security threats such as
computer viruses, social engineering techniques, and
malware;
(B) the minimal standards of computer security
necessary for responsible internet use; and
(C) the availability of commercial off-the-shelf
technology that allows consumers to meet such levels of
computer security;
(2) a summary of the plans of the Secretary of Homeland
Security to enhance public awareness of common cyber threats,
including a description of the metrics used by the Department
of Homeland Security for evaluating the efficacy of public
awareness campaigns; and
(3) recommendations for congressional actions to address
these impediments to appropriate public awareness of common
cyber threats. | Cybersecurity Public Awareness Act of 2013 - Directs the Secretary of Homeland Security (DHS) to submit an annual report that: (1) summarizes major cyber incidents involving networks of executive agencies, except for the Department of Defense (DOD); (2) provides aggregate statistics on the number of breaches of networks of executive agencies, the volume of data exfiltrated, and the estimated cost of remedying the breaches; and (3) discusses the risk of cyber sabotage. Requires similar reports by the DOD Secretary to address incidents against DOD and military departments. Directs the Attorney General and the Director of the Federal Bureau of Investigation (FBI) to submit reports and annual updates describing investigations and prosecutions by the Department of Justice (DOJ) relating to cyber instrusions, computer or network compromise, or other forms of illegal hacking. Requires such reports to identify the resources devoted to the enforcement, investigation, and prosecution of such activities and to discuss legal impediments to prosecutions. Requires the Securities and Exchange Commission (SEC) to submit annually, for three years, a report: (1) assessing the reporting of cyber risk or cyber incidents in financial statements by issuers of securities; and (2) evaluating SEC actions, including staff guidance. Directs the DHS Secretary to: (1) submit annual reports describing policies and procedures through which federal agencies, upon request, assist in defending a private sector entity's information networks against cyber threats that could result in loss of life or significant harm to the national economy or national security; (2) submit annually, for three years, a report describing vulnerabilities to, and the prevalence of, cyber threats in specified critical infrastructure sectors and the degree to which cooperative activities with DOD-developed private partners have been employed in each sector; (3) contract with the National Research Council or another federally funded research and development corporation for reports on the opportunities for development of new technologies or approaches to enhance the cybersecurity of critical infrastructure entities; and (4) submit annual reports on impediments to public awareness of common cyber security threats. Directs the Attorney General, in coordination with the Administrative Office of the United States Courts, to submit a report on: (1) whether federal courts have granted timely relief in matters relating to botnets and other cybercrime and threats; and (2) recommended changes to the rules of civil or criminal procedure, the resources, capabilities, and specialization of courts to which such cases may be assigned, and federal civil and criminal laws. | {"src": "billsum_train", "title": "Cybersecurity Public Awareness Act of 2013"} | 2,613 | 526 | 0.537943 | 1.967001 | 0.561699 | 4.989562 | 5.133612 | 0.943633 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Startup Capital Modernization Act of
2014''.
SEC. 2. INCREASE IN SMALL ISSUES EXEMPTIVE AUTHORITY.
Section 3(b)(1) of the Securities Act of 1933 (15 U.S.C. 77c(b)(1))
is amended by striking ``$5,000,000'' and inserting ``$10,000,000''.
SEC. 3. PREEMPTION OF STATE LAWS.
(a) In General.--The first subparagraph (D) of section 18(b)(4) of
the Securities Act of 1933 (15 U.S.C. 77r(b)(4)) (relating to a rule or
regulation adopted pursuant to section 3(b)(2)) is amended by inserting
``section 3(b)(1) or'' before ``section 3(b)(2)''.
(b) Clarification of the Preservation of State Enforcement
Authority.--
(1) In general.--The amendment made by subsection (a)
relates solely to State registration, documentation, and
offering requirements, as described under section 18(a) of the
Securities Act of 1933 (15 U.S.C. 77r(a)), and shall have no
impact or limitation on other State authority to take
enforcement action with regard to an issuer, intermediary, or
any other person or entity using the exemption from
registration provided by section 3(b)(1) of such Act.
(2) Clarification of state jurisdiction over unlawful
conduct of intermediaries, issuers, and custodians.--Section
18(c)(1) of the Securities Act of 1933 is amended--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) with respect to a transaction described under
section 3(b), unlawful conduct by an issuer or
custodian.''.
SEC. 4. EXCLUSION FROM SHAREHOLDER CAP.
(a) In General.--Section 12(g) of the Securities Exchange Act of
1934 (15 U.S.C. 78l(g)) is amended by adding at the end the following:
``(7) Exclusion for securities issued under regulation a
pursuant to section 3(b) of the securities act of 1933.--All
securities issued under Regulation A (17 C.F.R. 230.251 et
seq.) pursuant to section 3(b) of the Securities Act of 1933
shall be exempt from the provisions of this subsection if the
issuer has filed audited financial statements with the
Commission and the issuer is in compliance with all periodic
disclosures required by the Commission pursuant to section
3(b)(4) of the Securities Act of 1933.''.
(b) Rulemaking.--The Securities and Exchange Commission shall issue
a rule to carry out section 12(g)(7) of the Securities Exchange Act of
1934 (15 U.S.C. 78c), as added by this section, not later than 180 days
after the date of enactment of this section.
(c) Rule of Applicability.--The exclusion provided under section
12(g)(7) of the Securities Exchange Act of 1934 (15 U.S.C. 78c), as
added by this section, shall apply to securities issued before, on, or
after the date of the enactment of this Act.
SEC. 5. EXEMPTED TRANSACTIONS.
(a) Exempted Transactions.--Section 4 of the Securities Act of 1933
(15 U.S.C. 77d) is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(7) transactions meeting the requirements of subsection
(d).'';
(2) by redesignating the second subsection (b) (relating to
securities offered and sold in compliance with Rule 506 of
Regulation D) as subsection (c); and
(3) by adding at the end the following:
``(d)(1) The transactions referred to in subsection (a)(7) are
transactions where--
``(A) each purchaser is an accredited investor, as
that term is defined in section 230.501(a) of title 17,
Code of Federal Regulations (or any successor thereto);
and
``(B) if any securities sold in reliance on
subsection (a)(7) are offered by means of any general
solicitation or general advertising, the seller takes
reasonable steps to verify, in the manner set forth in
section 230.506(c)(ii) of title 17, Code of Federal
Regulations (or any successor regulation), that each
purchaser is an accredited investor.
``(2) Securities sold in reliance on subsection (a)(7) shall be
deemed to have been acquired in a transaction not involving any public
offering.
``(3) The exemption provided by this subsection shall not be
available for a transaction where the seller is--
``(A) an issuer, its subsidiaries or parent;
``(B) an underwriter acting on behalf of the issuer, its
subsidiaries or parent, which receives compensation from the
issuer with respect to such sale; or
``(C) a dealer.
``(4) A transaction meeting the requirements of this subsection
shall be deemed not to be a distribution for purposes of section
2(a)(11).''.
(b) Exemption in Connection With Certain Exempt Offerings.--Section
18(b)(4) of the Securities Act of 1933 (15 U.S.C. 77r(b)(4)) is
amended--
(1) by redesignating the second subparagraph (D) and
subparagraph (E) as subparagraphs (E) and (F), respectively;
(2) in subparagraph (E), as so redesignated, by striking
``; or'' and inserting a semicolon;
(3) in subparagraph (F), as so redesignated, by striking
the period and inserting ``; or''; and
(4) by adding at the end the following new subparagraph:
``(G) section 4(a)(7).''. | Startup Capital Modernization Act of 2014 - Amends the Securities Act of 1933 (Act) to increase from $5 million to $10 million the maximum aggregate amount of securities exempt from its purview due to either the small amount involved, or the limited character of the public offering. Preempts state requirements governing securities registration, documentation, and offerings in connection with small issues related to small company capital formation. Declares that this Act shall have no impact on state enforcement authority over the unlawful conduct of issuers, intermediaries, or custodians who are exempt from federal registration requirements under the Act. Amends the Securities Exchange Act of 1934 to exempt certain small issues from its securities registration requirements if the issuer: (1) has filed audited financial statements with the Securities and Exchange Commission (SEC), and (2) is in compliance with all periodic disclosures required by the SEC. Exempts from prohibitions relating to interstate commerce and the mails any transaction where: (1) each purchaser is an accredited investor; and (2) if the securities are offered by means of any general solicitation or general advertising, the seller verifies that the purchaser is an accredited investor. Denies such an exemption to transactions where the seller is: (1) either an issuer, its subsidiaries or parent; (2) a dealer; or (3) an underwriter acting on behalf of the issuer, its subsidiaries, or parent, which receives compensation from the issuer with respect to such sale. | {"src": "billsum_train", "title": "Startup Capital Modernization Act of 2014"} | 1,381 | 308 | 0.586716 | 1.869517 | 0.783482 | 3.236749 | 4.123675 | 0.869258 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electric Consumer Right to Know
Act'' or the ``e-KNOW Act''.
SEC. 2. ELECTRIC CONSUMER RIGHT TO ACCESS ELECTRIC ENERGY INFORMATION.
(a) Electric Consumer Right of Access.--Title II of the Public
Utility Regulatory Policies Act of 1978 is amended by adding after
section 214 the following new section:
``SEC. 215. ELECTRIC CONSUMER RIGHT TO ACCESS ELECTRIC ENERGY
INFORMATION.
``(a) Electric Consumer Right to Electric Energy Information.--
``(1) In general.--Each electric consumer in the United
States shall have the right to access (and to authorize 1 or
more third parties to access) the retail electric energy
information of such electric consumer in electronic machine-
readable form, in conformity with nationally recognized open
standards, free of charge, and in a manner that is timely and
convenient and that provides adequate protections for the
security of such information and the privacy of such electric
consumer.
``(2) Definitions.--For purposes of this section:
``(A) Retail electric energy information.--The term
`retail electric energy information' means the
following:
``(i) Usage information.--An electric
consumer's electric energy consumption over a
defined time period, including information on
consumption during not less than the 24 months
prior to the date of access of such information
by such electric consumer.
``(ii) Pricing information.--Time-based
retail electric energy prices applied to the
electric consumer.
``(B) Smart meter.--The term `smart meter' means a
meter installed by the electric utility that delivers
electric energy to an electric consumer at the home or
facility of such electric consumer that measures
electric energy usage and is capable of communicating
electric energy usage information by means of an
electronic machine-readable signal in real time or near
real time.
``(3) Timeliness and granularity.--The right to access
retail electric energy information under paragraph (1)
includes, at a minimum, the right to access retail electric
energy information--
``(A)(i) in real time or near real time, for
electric consumers served by a smart meter; and
``(ii) as expeditiously after the time of
collection as reasonably feasible for electric
consumers not served by a smart meter; and
``(B) except as otherwise provided in paragraph
(4), data at intervals--
``(i) not greater than 15 minutes for
electric consumers served by a smart meter; and
``(ii) not less frequent than the intervals
at which such data is collected by the electric
utility providing retail service, for electric
consumers not served by a smart meter.
``(4) Retention.--The data interval requirements in
paragraph (3)(B) shall not apply to usage data after a period
of 24 months from the date such data is recorded.
``(b) Guidelines for Electric Consumer Access.--Not later than 180
days after the date of the enactment of this section, the Commission
shall, after consultation with State regulatory authorities, the
Secretary of Energy, and other appropriate Federal agencies, and after
notice and opportunity for comment, issue guidelines identifying
minimum national standards for implementation of the electric consumer
right to access retail electric energy information under subsection
(a)(1). In formulating such guidelines, the Commission shall, to the
extent practicable, preserve the integrity of and be guided by actions
already taken by State regulatory authorities to ensure electric
consumer access to retail electric energy information, including
actions taken after consideration of the standard under section
111(d)(17). Such guidelines shall provide guidance on issues including
the timeliness and granularity of retail electric energy information,
appropriate nationally recognized open standards for data, and
protection of data security and electric consumer privacy. The
Commission shall periodically review and, as necessary revise, such
guidelines to reflect changes in technology and the market for electric
energy and services.
``(c) Enforcement.--
``(1) Effective date.--This subsection shall be effective
on the date that is 1 year after the date the guidelines under
subsection (b) are issued.
``(2) Enforcement by state attorneys general.--If the
attorney general of a State, or another official or agency of a
State with competent authority under State law, has reason to
believe that any electric utility that delivers electric energy
at retail in the relevant State is not complying with the
minimum standards identified by the guidelines issued under
subsection (b), the attorney general, official, or agency of
the State, as parens patriae, may bring a civil action against
such electric utility, on behalf of the electric consumers
receiving retail service from such electric utility, in a
district court of the United States of appropriate
jurisdiction, to compel compliance with such standards.
``(3) Electric consumer enforcement.--Provided no civil
action has been brought under paragraph (2), any electric
consumer may bring a civil action against the electric utility
providing retail electric service to such electric consumer, in
a district court of the United States of appropriate
jurisdiction, to compel compliance with the minimum standards
identified by the guidelines issued under subsection (b).
``(4) Costs and fees.--In any civil action under paragraph
(2) or (3), if the party bringing the action is successful in
enforcing the standards identified by the guidelines issued
under subsection (b), the court may award to such party the
costs of the action together with reasonable attorney's fees,
as determined by the court.
``(5) Safe harbor.--No civil action may be brought against
an electric utility under paragraph (2) or paragraph (3) if the
Commission has, within the most recent 2 years, determined that
such electric utility, or the State regulatory authority that
regulates such electric utility, has adopted and implemented
policies, requirements, and measures, as necessary, that comply
with the standards identified by the guidelines issued under
subsection (b). The Commission shall establish procedures to
review the policies, requirements, and measures of State
regulatory authorities and electric utilities to assess, and
issue determinations with regard to, compliance with such
standards.''.
(b) Conforming Amendment.--The table of contents for the Public
Utility Regulatory Policies Act of 1978 is amended by adding after the
item relating to section 214 the following new item:
``Sec. 215. Electric consumer right to access electric energy
information.''. | Electric Consumer Right to Know Act or the e-KNOW Act - Amends the Public Utility Regulatory Policies Act of 1978 to grant an electric consumer the right to access the consumer's retail electric energy information in electronic machine-readable form, in conformity with nationally recognized open standards, free of charge, and in a timely and convenient manner that provides adequate protections for information security and the consumer's privacy.
Directs the Federal Energy Regulatory Commission (FERC) to issue guidelines identifying minimum national standards to implement such right of access, including: (1) guidance on the timeliness and granularity of retail electric energy information; (2) appropriate nationally recognized open standards for data; and (3) protection of data security and electric consumer privacy.
Empowers the attorney general, official, or agency of the state, as parens patriae, to bring a civil action against an electric utility in U.S. district court to compel compliance with such standards.
Authorizes the court to award the costs of the action and reasonable attorney's fees to the party bringing a successful civil action to enforce the standards identified by the guidelines issued under this Act. | {"src": "billsum_train", "title": "To amend the Public Utility Regulatory Policies Act of 1978 to provide electric consumers the right to access certain electric energy information."} | 1,399 | 246 | 0.672889 | 1.976117 | 0.746399 | 4.43318 | 6.16129 | 0.958525 |
SECTION 1. TAX TREATMENT OF ALASKA NATIVE SETTLEMENT TRUSTS.
(a) Tax Exemption.--Section 501(c) of the Internal Revenue Code of
1986 is amended by adding at the end the following new paragraph:
``(28) A trust which--
``(A) constitutes a Settlement Trust under section
39 of the Alaska Native Claims Settlement Act (43
U.S.C. 1629e), and
``(B) with respect to which an election under
subsection (p)(2) is in effect.''
(b) Special Rules Relating to Taxation of Settlement Trust.--
Section 501 of such Code is amended by redesignating subsection (p) as
subsection (q) and by inserting after subsection (o) the following new
subsection:
``(p) Special Rules for Alaska Settlement Trusts.--
``(1) In general.--For purposes of this title, the
following rules shall apply in the case of a Settlement Trust:
``(A) Conveyance to trust.--No amount shall be
includible in the gross income of a beneficiary of the
Settlement Trust by reason of a contribution to the
Settlement Trust (without regard to whether an election
is in effect under paragraph (2)).
``(B) Electing trust.--If an election is in effect
under paragraph (2) for any taxable year, then except
as provided in this subsection, the provisions of
subchapter J and section 1(e) shall not apply to the
Settlement Trust and its beneficiaries.
``(C) Nonelecting trust.--If an election is not in
effect under paragraph (2) for any taxable year, the
provisions of subchapter J and section 1(e) shall apply
to the Settlement Trust and its beneficiaries.
``(2) Election.--
``(A) In general.--A Settlement Trust may elect to
have the provisions of this subsection and subsection
(c)(28) apply to the trust and its beneficiaries.
``(B) Time and method of election.--An election
under subparagraph (A) shall be made--
``(i) before the due date (including
extensions) for filing the Settlement Trust's
return of tax for the 1st taxable year to which
such election is to apply, and
``(ii) by attaching to such return of tax a
statement specifically providing for such
election.
``(C) Period election in effect.--Except as
provided in subparagraph (D), an election under
subparagraph (A), once made, shall be irrevocable.
``(D) Election revoked for failure to meet transfer
restriction.--
``(i) In general.--An election under
subparagraph (A) is revoked if, at any time
after the 1st day of the 1st taxable year to
which such election applies, the trust permits
any disposition of a beneficial interest in the
trust which would not be permitted under
section 7(h) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1606(h)) if such
beneficial interest were Settlement Common
Stock.
``(ii) Time election revoked.--The
revocation under clause (i) shall take effect
on the 1st day of the taxable year in which the
failure occurs.
``(iii) No further election.--If an
election is revoked under clause (i), the
Settlement Trust (or any successor) may not
make any election under this paragraph for the
taxable year of revocation or any subsequent
taxable year.
``(3) Distribution requirement on electing settlement
trust.--
``(A) In general.--If an election is in effect
under paragraph (2) for any taxable year, a Settlement
Trust shall distribute at least 55 percent of its
adjusted taxable income for such taxable year.
``(B) Tax imposed if insufficient distribution.--If
a Settlement Trust fails to meet the distribution
requirement of subparagraph (A) for any taxable year,
then, notwithstanding subsection (c)(28), a tax shall
be imposed on the trust under section 1(e) on an amount
of taxable income equal to the amount of such failure.
``(C) Designation of distribution.--Solely for
purposes of meeting the requirements of this paragraph,
a Settlement Trust may elect to treat any distribution
(or portion) during the 12-month period following the
close of any taxable year as made on the last day of
such taxable year. Any such distribution (or portion)
may not be taken into account under this paragraph for
any other taxable year.
``(D) Adjusted taxable income.--For purposes of
this paragraph, the term `adjusted taxable income'
means taxable income determined under section 641(b)
without regard to any deduction under section 651 or
661.
``(4) Tax treatment of distributions to beneficiaries.--
``(A) Electing trust.--If an election is in effect
under paragraph (2) for any taxable year, any
distribution to a beneficiary shall be included in
gross income of the beneficiary as ordinary income.
``(B) Other trusts.--Any distribution to a
beneficiary from a Settlement Trust not described in
subparagraph (A) shall--
``(i) be included in gross income of the
beneficiary as ordinary income to the extent
allocable to the earnings and profits account
under subparagraph (C), and
``(ii) be includible in income as provided
under subchapter J to the extent not so
allocable.
``(C) Earnings and profits account.--
``(i) In general.--Each Settlement Trust
shall establish an earnings and profits account
for purposes of accounting for earnings and
profits transferred from an Alaska Native
Corporation by reason of a contribution to the
trust.
``(ii) Increases.--The account shall be
increased each time a contribution is made by
an Alaska Native Corporation to the Settlement
Trust. Such increase shall be equal to the
lesser of--
``(I) the amount of the
contribution, or
``(II) the earnings and profits of
the Alaska Native Corporation,
determined as of the close of the
taxable year in which the contribution
was made and without regard to the
contribution.
For purposes of this clause, all contributions
during a taxable year shall be treated as 1
contribution.
``(iii) Decreases.--The account shall be
decreased by any distribution by the Settlement
Fund to its beneficiaries.
``(iv) Taxation.--For purposes of
subparagraph (B), until such time as
the balance in the account is zero, all distributions to beneficiaries
during a taxable year shall be treated as allocable to the account for
purposes of subparagraph (B)(i). Thereafter, all such distributions
shall be taxable as provided in subparagraph (B)(ii) until such time as
there is an increase in the balance of the account.
``(D) Reduction in earnings and profits.--The
earnings and profits of an Alaska Native Corporation
shall be reduced by the amount of the earnings and
profits transferred to the account under subparagraph
(C).
``(5) Voluntary withholding.--
``(A) In general.--Notwithstanding any other
provision of law, a beneficiary of a Settlement Trust
(whether or not an election under paragraph (2) is in
effect) may elect to have Federal income tax withheld
on distributions from the Settlement Trust to the
beneficiary.
``(B) Election.--An election under subparagraph (A)
shall--
``(i) be made to the Settlement Trust in
writing, and
``(ii) specify the percentage (not greater
than 15 percent) of the distributions to be
withheld.
Such election may be revoked or modified with respect
to distributions made after the revocation or
modification.
``(6) Settlement trust.--For purposes of this section, the
term `Settlement Trust' means a trust which constitutes a
Settlement Trust under section 39 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1629e).''
(c) Reporting.--Section 6041 of such Code is amended by adding at
the end the following new subsection:
``(f) Application to Alaska Settlement Trusts.--In the case of any
distribution from a Settlement Trust (as defined in section 501(p)(6))
to a beneficiary, this section shall apply, except that--
``(1) this section shall apply to such distribution without
regard to the amount thereof,
``(2) the Settlement Trust shall include on any return or
statement required by this section information as to the
character of such distribution (if applicable) and the amount
of tax imposed by chapter 1 deducted and withheld from such
distribution, and
``(3) the filing of any return or statement required by
this section shall satisfy any requirement to file any other
form or schedule under this title with respect to distributive
share information (including any form or schedule included with
the trust's tax return).''
(d) Effective Dates.--
(1) In general.--The amendments made by this section shall
apply to taxable years of Settlement Trusts beginning after
December 31, 1996, and to contributions to such trusts after
such date.
(2) Requirement for election.--An election under section
501(p)(2) of the Internal Revenue Code of 1986 for a taxable
year beginning in 1997 shall not be treated as failing to meet
the requirements of section 501(p)(2)(B) of such Code if such
election is filed with the return of tax for the first taxable
year after such taxable year. | Amends the Internal Revenue Code to provide tax exempt status for a trust which is an electing Settlement Trust under the Alaska Native Claims Settlement Act. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to clarify the tax treatment of Settlement Trusts established pursuant to the Alaska Native Claims Settlement Act."} | 2,146 | 34 | 0.571696 | 1.397012 | 0.412723 | 2.777778 | 70.925926 | 0.851852 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senior Executive Service Reform Act
of 2003''.
SEC. 2. LOCALITY PAY ADJUSTMENT LIMITATION.
Section 5304(g) of title 5, United States Code, is amended--
(1) in paragraph (2)(A), by striking ``subparagraphs (A) to
(E)'' and inserting ``subparagraphs (A), (D), and (E)''; and
(2) by adding at the end the following:
``(3) The applicable maximum under this subsection shall be level
II of the Executive Schedule for positions under subsection (h)(1) (B)
and (C).''.
SEC. 3. RATES OF PAY FOR SENIOR EXECUTIVE SERVICE.
(a) In General.--Chapter 53 of title 5, United States Code, is
amended--
(1) by striking section 5382 and inserting the following:
``Sec. 5382. Establishment of rates of pay for the Senior Executive
Service
``(a) Subject to regulations prescribed by the Office of Personnel
Management, there shall be established a range of rates of basic pay
for the Senior Executive Service, and each senior executive shall be
paid at 1 of the rates within the range, based on individual
performance, contribution to the agency's performance, or both.
``(b) The lowest rate of the range shall not be less than the
minimum rate of basic pay payable under section 5376, and the highest
rate shall not exceed the rate for level III of the Executive Schedule.
Comparability payments under section 5304 or 5304a may be paid in
addition to the highest rate under this subsection.
``(c) The payment of the rates under this section shall not be
subject to the pay limitation of section 5306(e) or 5373.''.
(b) Technical and Conforming Amendments.--
(1) Table of sections.--The table of sections for chapter
53 of title 5, United States Code, is amended by striking the
item relating to section 5382 and inserting the following:
``5382. Establishment of rates of pay for the Senior Executive
Service.''.
(2) Setting and adjustment of senior executive service
pay.--Section 5383 of title 5, United States Code, is amended--
(A) in subsection (a), by striking ``which of the
rates established under section 5382 of this title''
and inserting ``which of the rates within the range
established under section 5382''; and
(B) in subsection (c), by striking ``for any pay
adjustment under section 5382 of this title'' and
inserting ``as provided in regulations prescribed by
the Office under section 5385''.
(3) Limitations on pay fixed by administrative actions.--
Chapter 53 of title 5, United States Code, is amended--
(A) in section 5306(e)--
(i) by inserting ``(1)'' after ``(e)''; and
(ii) by adding at the end the following:
``(2) This subsection shall not apply to any authority under
section 5376 or 5382.''; and
(B) in section 5373(a), by striking paragraph (4)
and inserting the following:
``(4) section 4802, 5376, or 5382.''.
SEC. 4. RATES OF PAY FOR ADMINISTRATIVE LAW JUDGES.
Section 5372(b)(1)(C) of title 5, United States Code, is amended--
(1) by striking ``level IV'' each place it appears and
inserting ``level III''; and
(2) by adding after the period the following:
``Comparability payments under section 5304 or 5304a may be
paid in addition to the highest rate under this
subparagraph.''.
SEC. 5. RATES OF PAY FOR CONTRACT APPEALS BOARD MEMBERS.
Section 5372a of title 5, United States Code, is amended--
(1) in subsection (b)(1), by striking ``level IV'' and
inserting ``level III''; and
(2) by redesignating subsection (c) as subsection (d) and
inserting after subsection (b) the following:
``(c) Comparability payments under section 5304 or 5304a may be
paid in addition to the rates under subsection (b).''.
SEC. 6. RATES OF PAY FOR CERTAIN SENIOR LEVEL POSITIONS.
Section 5376(b)(1) of title 5, United States Code, is amended--
(1) in subparagraph (B), by striking ``level IV'' and
inserting ``level III''; and
(2) by adding after the sentence following subparagraph (B)
the following: ``Comparability payments under section 5304 or
5304a may be paid in addition to the highest rate under
subparagraph (B).''.
SEC. 7. EXPANDED SENIOR EXECUTIVE SERVICE LIMITED APPOINTMENT
AUTHORITY.
(a) Definitions.--Section 3132 of title 5, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking paragraph (5), and inserting the
following:
``(5) `limited appointee' means an individual appointed to
a Senior Executive Service position to meet a short-term
staffing need, as determined by the Office of Personnel
Management;'';
(B) by striking paragraph (6) and redesignating
paragraphs (7), (8), and (9) as paragraphs (6), (7),
and (8), respectively; and
(C) by amending paragraph (7) as so redesignated to
read as follows:
``(7) `career reserved position' means a position
designated under subsection (b) which may be filled only by--
``(A) a career appointee; or
``(B) a limited appointee who, immediately before
entering the career reserved position, was serving
under a career or career-conditional appointment
outside the Senior Executive Service (or an appointment
of equivalent tenure, as determined by the Office of
Personnel Management), or whose limited appointment to
a career reserved position is approved in advance by
the Office of Personnel Management;''; and
(2) in subsection (b)(1), by striking ``For the purpose of
paragraph (8) of subsection (a) of this section,'' and
inserting ``For the purpose of paragraph (7) of subsection
(a),''.
(b) Noncareer and Limited Appointments.--Section 3394 of title 5,
United States Code, is amended to read as follows:
``Sec. 3394. Noncareer and limited appointments
``(a) Each noncareer appointee and limited appointee shall meet the
qualifications of the position to which appointed, as determined in
writing by the appointing authority.
``(b) An individual may not be appointed as a limited appointee
without the prior approval of the exercise of such appointment
authority by the Office of Personnel Management.
``(c) The duration of a limited appointment shall be--
``(1) 4 years or less to a Senior Executive Service
position the duties of which will expire at the end of such
term; or
``(2) 12 months or less to a Senior Executive Service
position the duties of which are continuing.
``(d) In rare circumstances, the Office of Personnel Management may
authorize an extension of a limited appointment under--
``(1) subsection (c)(1) for a period not to exceed 2 years;
and
``(2) subsection (c)(2) for a period not to exceed 12
months.
``(e) A limited appointee who has been appointed from a career or
career-conditional appointment outside the Senior Executive Service
shall have reemployment rights in the agency from which appointed, or
in another agency, under requirements and conditions established by the
Office of Personnel Management. The Office shall have the authority to
direct such placement in any agency.''.
(c) Reassignment and Transfer.--Section 3395 of title 5, United
States Code, is amended by striking subsections (b) and (c) and
inserting the following:
``(b) Notwithstanding section 3394(b)--
``(1) a limited appointee serving under a term prescribed
under section 3394(c)(1) may be reassigned to another Senior
Executive Service position in the same agency, the duties of
which will expire at the end of a term of 4 years or less,
except that the appointee may not serve in 1 or more positions
in such agency under such appointment in excess of 4 years,
unless an extension has been approved by the Office; and
``(2) a limited appointee serving under a term prescribed
under section 3394(c)(2) may be reassigned to another
continuing Senior Executive Service position in the same
agency, except that the appointee may not serve in 1 or more
positions in such agency under such appointment in excess of 12
months, unless an extension has been approved by the Office.
``(c) A limited appointee may not serve more than 7 consecutive
years under any combination of limited appointments.''.
SEC. 8. ANNUAL LEAVE ENHANCEMENTS.
(a) In General.--Section 6303(a) of title 5, United States Code, is
amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding after paragraph (3) the following:
``(4) one day for each full biweekly pay period for an
employee in a position paid under section 5376 or 5383, or for
an employee in an equivalent category for which the minimum
rate of basic pay is greater than the rate payable at GS-15,
step 10.''.
(b) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Office of Personnel Management shall
prescribe regulations to carry out the amendments made by this
subsection.
SEC. 9. EFFECTIVE DATE.
This Act shall take effect 90 days after the date of enactment of
this Act. | Senior Executive Service Reform Act of 2003 - Establishes level II of the Executive Schedule as the maximum annual rate of pay, including comparability pay adjustments, for Senior Executive Service (SES) positions, including positions in the Federal Bureau of Investigation and the Drug Enforcement Administration.Requires establishment of a range of rates of basic pay for the SES, requiring each senior executive to be paid at one of such rates based on individual performance, contribution to the agency's performance, or both. Provides a minimum and maximum rates.Provides pay rate increases for administrative law judges, Contract Appeals Board members, and certain senior level positions by raising the Executive Schedule level on which their pay is based.Removes the authority for the appointment of limited emergency appointees. Sets duration limits for limited appointees, allowing the Office of Personnel Management to exceed such limits in rare circumstances. Outlines reemployment rights and reassignment and transfer authority for limited appointees.Provides one day of annual leave for each full biweekly pay period for positions classified above GS-15, senior executives, and any employee with a minimum rate of basic pay greater than the GS-15, step 10 rate. | {"src": "billsum_train", "title": "A bill to provide for reform of the Senior Executive Service, adjustment in the rates of pay of certain positions, and for other purposes."} | 2,265 | 269 | 0.547461 | 1.620625 | 0.7643 | 2.790698 | 9.702326 | 0.837209 |
SECTION 1. STUDY.
(a) In General.--The Secretary of Homeland Security and the
Director of National Intelligence shall conduct jointly, or contract
with an entity to conduct, a study of the operations of Federal, State,
and local government entities to identify best practices for the
communication of information concerning a terrorist threat.
(b) Contents.--
(1) Identification of best practices.--The study conducted
under this section shall be focused on an analysis and
identification of the best practices of the information sharing
processes of the following government entities:
(A) Joint Terrorism Task Forces, which are operated
by the Federal Bureau of Investigations with the
participation of local law enforcement agencies.
(B) State Homeland Security Fusion Centers, which
are established by a State and share information with
Federal departments.
(C) The Homeland Security Operations Center, which
is operated by the Department of Homeland Security for
the purposes of coordinating information.
(D) State and local law enforcement agencies that
collect, utilize, and disseminate information on
potential terrorist attacks.
(E) The appropriate elements of the intelligence
community, as defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 401a), involved in the
sharing of counter-terrorism information.
(2) Coordination of government entities.--The study
conducted under this section shall include an examination of
methods for coordinating the activities of Federal, State, and
local entities in responding to a terrorist threat, and
specifically the communication to the general public of
information concerning the threat. The study shall not include
an examination of the sources and methods used in the
collection of the information.
(c) Obtaining Official Data.--In conducting the study, the
Secretary, in conjunction with the Director, with due regard for the
protection of classified information, may secure directly from any
department or agency of the United States information necessary to
enable the Secretary to carry out this section. Classified information
shall be handled through established methods for controlling such
information.
(d) Temporary Duty of Federal Personnel.--The Secretary, in
conjunction with the Director, may request the head of any department
or agency of the United States to detail to temporary duty personnel
within the administrative jurisdiction of the head of the department or
agency that the Secretary may need to carry out this section, each
detail to be without loss of seniority, pay, or other employee status.
(e) Report.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Secretary, in conjunction with the
Director, shall submit to Congress a report that contains--
(A) a detailed statement of the findings and
conclusions of the study, including identification of
the best practices for the processing, analysis, and
dissemination of information between the government
entities referred to in subsection (b)(1); and
(B) recommendations for a formalized process of
consultation, communication, and confidentiality
between Federal, State, and local governments,
incorporating the best practices of the various
entities studied, to facilitate communication and help
prevent the unauthorized dissemination of information
and criticism of decisions concerning terrorist
threats.
(2) Classified information.--To the extent determined
appropriate by the Secretary, in conjunction with the Director,
the Secretary may submit a portion of the report in classified
form.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for fiscal year 2007.
SEC. 2. CENTERS OF BEST PRACTICES.
(a) In General.--The Secretary of Homeland Security, in
consultation with the Director of National Intelligence, shall make
grants for the establishment and operation of 3 centers to implement
the best practices, identified by the study conducted under section 1,
for the processing, analysis, and dissemination of information
concerning a terrorist threat (in this Act, each referred to as a
``Center'').
(b) Location of Centers.--In carrying out subsection (a), the
Secretary, in consultation with the Director, shall make grants to--
(1) the State of New York for the establishment of a Center
to be located in New York City;
(2) the State of Michigan for the establishment of a Center
to be located in Detroit; and
(3) the State of California for the establishment of a
Center to be located in Los Angeles.
(c) Purpose of Centers.--Each Center shall--
(1) implement the best practices, identified by the study
conducted under section 1, for information sharing concerning a
terrorist threat;
(2) coordinate the communication of these best practices
with other metropolitan areas;
(3) coordinate with the Secretary and the Director to
develop a training curriculum to implement these best
practices;
(4) provide funding and technical assistance to other
metropolitan areas to assist the metropolitan areas in the
implementation of the curriculum developed under paragraph (3);
and
(5) coordinate with the Secretary and the Director to
establish a method to advertise and disseminate these best
practices.
(d) Authorization of Appropriations.--There is authorized to be
appropriated for making grants under this section--
(1) $10,000,000 for fiscal year 2007 for the establishment
of the Centers; and
(2) $3,000,000 for each of fiscal years 2008 through 2012
for the operation of the Centers.
(e) Report to Congress.--Not later than March 31, 2010, the
Secretary, in consultation with the Director, shall submit to Congress
a report evaluating the operations of the Centers and making
recommendations for future funding. | Directs the Secretary of Homeland Security and the Director of National Intelligence to conduct jointly, or contract with an entity to conduct, a study of the operations of federal, state, and local government entities to identify best practices for the communication of information concerning a terrorist threat.
Requires the Secretary to make grants for the establishment and operation of three centers (in New York City, Detroit, and Los Angeles) to implement the best practices for the processing, analysis, and dissemination of terrorist threat information. | {"src": "billsum_train", "title": "To direct the Secretary of Homeland Security to conduct a study to identify best practices for the communication of information concerning a terrorist threat, and for other purposes."} | 1,146 | 105 | 0.552653 | 1.485871 | 1.079735 | 6.969072 | 11.71134 | 0.969072 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayer Protection Act''.
SEC. 2. INCREASED OVERSIGHT OVER FEDERAL EMERGENCY ECONOMIC ASSISTANCE.
(a) In General.--Notwithstanding any other provision of law, a
Federal financial entity that provides emergency economic assistance to
any private entity or group of private entities shall be subject to the
oversight, reporting, accountability, and transparency provisions of
sections 104, 105, 108, 116, 121, and 125 of the Emergency Economic
Stabilization Act of 2008 (12 U.S.C. 5214, 5215, 5218, 5226, 5231,
5233), in the same manner as those sections apply with respect to
assistance provided under that Act.
(b) Monthly Reports to Congress.--Each Federal financial entity
that provides emergency economic assistance to any private entity or
group of entities shall make monthly reports to Congress that provide,
among other relevant information, the names and other details about the
private entities receiving such financial assistance, together with a
full description of the collateral or other interests granted to the
Federal financial entity to ensure that taxpayers are repaid, to the
maximum extent possible.
(c) Definition.--As used in this Act, the term ``Federal financial
entity'' means--
(1) the Secretary of the Treasury;
(2) each member of the Financial Institutions Examination
Council established under section 1004 of the Federal Financial
Institutions Examination Council Act of 1978 (12 U.S.C. 3303);
and
(3) the Federal Housing Finance Agency.
SEC. 3. ESTABLISH CONDITIONS FOR EMERGENCY ECONOMIC ASSISTANCE.
(a) In General.--Notwithstanding any other provision of law, before
receiving funds under any program by a Federal financial entity to
provide emergency economic assistance to private entities or groups of
entities (including assistance under the Emergency Economic
Stabilization Act of 2008), the intended recipient of such assistance
shall agree, in writing--
(1) to provide a detailed monthly report to Congress about
how emergency economic assistance provided to such entity or
group of entities is being used to meet the intended objectives
and goals of such assistance;
(2) to permit the Federal financial entity providing such
assistance access to personnel and any books, papers, records,
or other data that may be relevant to the assistance, including
compliance with the financial terms and conditions, and the
right to audit such activities;
(3) to limit executive compensation and annual executive
compensation tax deductions, to prohibit golden parachutes for
officers and directors, and prohibit the payment of dividends
or other distributions, as provided, to the maximum extent
possible, in section 111 of the Emergency Economic
Stabilization Act of 2008 (12 U.S.C. 5221) and regulations and
notices issued thereunder;
(4) to prohibit bonuses or incentive compensation awards to
the 25 most highly compensated employees of the recipient;
(5) to prohibit any compensation plan that could encourage
manipulation of reported earnings to enhance the compensation
of any employee;
(6) to prohibit the use of emergency economic assistance
for entertainment and lobbying expenditures;
(7) to sell or divest itself of any privately owned
passenger aircraft or interest in such aircraft, and to
prohibit the leasing of any such aircraft by or on behalf of
any officer, director, or employee of the recipient; and
(8) to such other appropriate standards for executive
compensation and corporate governance as the Federal financial
entity overseeing the provision of such assistance determines
appropriate.
(b) Applicability.--Subsection (a) shall apply whether or not the
recipient of emergency economic assistance from a Federal financial
entity sells assets to the Federal financial entity.
(c) Duration.--The provisions of subsection (a) shall apply, and
the written agreement of the recipient of assistance described in
subsection (a) shall remain in effect, until such time as all
obligations to the Federal financial entity are repaid in full, and
such entity ceases to own any equity securities, including warrants or
collateral, acquired from the recipient of such assistance.
(d) Violations.--A violation of any provision of an agreement
described in subsection (a) by the recipient of emergency economic
assistance from a Federal financial entity shall be considered a
default on the obligation of the recipient to the Federal financial
entity, and such obligation shall be immediately due and payable to the
Federal financial entity. The Federal financial entity shall be
entitled to any and all remedies pursuant to such agreement and
otherwise available under applicable provisions of law.
SEC. 4. CREATION OF A TAXPAYER PROTECTION PROSECUTION TASK FORCE.
(a) In General.--The Attorney General of the United States shall
immediately establish a Taxpayer Protection Prosecution Task Force
(referred to in this section as the ``Task Force'') .
(b) Duties.--The Task Force shall--
(1) investigate and prosecute financial fraud cases or any
other violation of law that contributed to the collapse of our
financial markets; and
(2) seek to claw back any ill-gotten gains, particularly by
those who received billions of dollars in compensation creating
the real estate and financial bubble.
(c) Membership.--The membership of the Task Force shall include--
(1) Department of Justice attorneys acting as a team of
Federal prosecutors;
(2) special agents from the Federal Bureau of
Investigation, the Internal Revenue Service, and United States
Postal Service; and
(3) additional assistance from the Board of Governors of
the Federal Reserve System, the Securities and Exchange
Commission, and other Federal banking regulators or
investigators.
(d) Staffing.--The Task Force shall be staffed by Department of
Justice career attorneys, enforcement attorneys, and other private and
public sector legal professionals and experts in the violations of law
under investigation.
(e) Director.--The Director of the Task Force shall be appointed by
the President, subject to the advice and consent of the Senate.
(f) Outside Employment.--The Director of the Task Force and all
professional members of the staff shall for a period of 2 years after
their employment with the Task Force be prohibited from directly or
indirectly representing any client in or in connection with any
investigation relating to any of the work of the Task Force.
(g) Report.--The Task Force shall file--
(1) a public report directly with Congress every 6 months
on its activities; and
(2) if necessary, a classified annex to protect the
confidentiality of ongoing investigations or attorney-client
privilege or other non-public information.
(h) Statute of Limitations Recommendation.--The Task Force shall
make recommendations to Congress not later than 60 days after the date
of the establishment of the Task Force about extending the statute of
limitation for complex financial fraud and other similar cases.
SEC. 5. ESTABLISHMENT OF FINANCIAL MARKET INVESTIGATION AND REFORM
COMMISSION TO LEARN HOW THE ECONOMIC CRISIS HAPPENED.
(a) Establishment of Commission.--There is established the
Financial Market Investigation and Reform Commission (in this Act
referred to as the ``Commission''), the purposes of which are--
(1) to examine and report on the facts and causes of the
collapse of the Nation's financial system and credit crisis;
(2) to ascertain, evaluate, and report on the extent to
which Federal entities had information on financial practices
that they knew or should have known were risky or reckless, and
posed a threat to the well being of the Nation's financial
system;
(3) to build on any investigations by the Committee on
Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of
Representatives, by other congressional committees and the
Federal banking agencies (as that term is defined in section 3
of the Federal Deposit Insurance Act), and the Securities and
Exchange Commission) to avoid duplication of effort;
(4) to make a full and complete report of the reasons for
the worst financial system collapse since the Great Depression;
and
(5) to report to the President and the Congress on its
findings, conclusions, and legislative and regulatory
recommendations to prevent a similar financial crisis in the
future.
(b) Membership.--The Commission shall be composed of 10 members, of
whom--
(1) 1 member shall be appointed by the President, who shall
serve as chairperson of the Commission;
(2) 1 member shall be appointed by the minority leader of
the Senate, in consultation with the minority leader of the
House of Representatives, who shall serve as vice-chairperson
of the Commission;
(3) 2 members shall be appointed by the majority leader of
the Senate;
(4) 2 members shall be appointed by the minority leader of
the Senate;
(5) 2 members shall be appointed by the Speaker of the
House of Representatives; and
(6) 2 members shall be appointed by the minority leader of
the House of Representatives.
(c) Qualifications; Initial Meeting.--
(1) Conflicts of interest.--No member of the Commission may
be an employee, or an immediate family member of an employee,
of a private entity or group of private entities that has
received or applied for emergency economic assistance from any
Federal financial entity (as defined in section 2).
(2) Criteria.--Members of the Commission shall be chosen
from among United States citizens with national recognition and
expertise in--
(A) the operations of United States and global
financial markets;
(B) the safety and soundness of United States
financial institutions;
(C) the use of complex derivatives and other
structured financial instruments; or
(D) the investigation and prosecution of fraud and
other intricate financial crimes.
(3) Limitation on public service.--Not more than 2 members
of the Commission may be appointed from among Federal, State,
or local government employees.
(4) Timing.--Members of the Commission shall be appointed
not later than 30 days after the date of enactment of this Act.
(5) Meetings.--The Commission shall meet not later than 45
days after the date of enactment of this Act. After the initial
meeting, the Commission shall meet upon the call of the
chairperson or a majority of the members of the Commission.
(6) Quorum; vacancies.--Six members of the Commission shall
constitute a quorum. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.
(7) Procedures.--To carry out this Act, the Commission may
establish, by majority vote, any other rules for the conduct of
the business of the Commission, if such rules are not
inconsistent with this Act or other applicable law.
(d) Powers and Duties.--The Commission may--
(1) hold hearings, take testimony, and collect evidence, by
subpoena or otherwise;
(2) issue subpoenas, under the signature of the chairperson
or any member designated by a majority of the members of the
Commission, by agreement of the chairperson and vice-
chairperson, or by the affirmative vote of 6 members of the
Commission, and may enforce the subpoena in the United States
district court for the judicial district in which the
subpoenaed person resides;
(3) contract with appropriate entities to enable the
Commission to discharge its duties;
(4) obtain information from Federal departments and
agencies;
(5) obtain assistance from Federal agencies, including the
General Services Administration, for support services and other
agencies for services, funds, facilities, and staff, as needed;
(6) accept, use, and dispose of gifts or donations of
services and property; and
(7) use the United States mails, in the same manner as
Federal departments and agencies.
(e) Conflicts of Interest.--The Commission shall issue rules to
manage or prohibit conflicts of interest involving its members, staff,
consultants, and any others providing assistance to the Commission.
(f) Reports.--The Commission shall submit to Congress 2 interim
reports to discuss the Commission's progress. The Commission's final
report shall be submitted to Congress 12 months after the date of
enactment of this Act.
(g) Administrative Support.--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,
including human resource management, budget, leasing, accounting, and
payroll services.
(h) Pay.--
(1) Nongovernment employees.--Each member of the Commission
who is not otherwise employed by a Federal, State, or local
government entity shall be entitled to receive the daily
equivalent of the annual rate of basic pay payable for level IV
of the Executive Schedule under section 5315 of title 5 United
States Code, as in effect from time to time, for each day
(including travel time) during which such member is engaged in
the actual performance of duties of the Commission.
(2) Government employees.--A member of the Commission who
is an officer or employee of a Federal, State or local
government entity shall serve without additional pay (or
benefits in the nature of compensation) for service as a member
of the Commission.
(i) Travel Expenses.--Members of the Commission shall receive
travel expenses, including per diem in lieu of subsistence, in
accordance with subchapter I of chapter 57 of title 5, United States
Code 55.
(j) Staff.--
(1) Appointment and compensation.--The chairperson of the
Commission, in consultation with the vice-chairperson, in
accordance with rules agreed upon by the Commission, may
appoint and fix the compensation of a staff director and such
other personnel as may be necessary to enable the Commission to
carry out its functions, without regard to the provisions of
title 5, United States Code, governing appointments in the
competitive service, and without regard to the provisions of
chapter 51 and subchapter II of chapter 53 of such title
relating to classification and General Schedule pay rates,
except that no rate of pay fixed under this subsection may
exceed the equivalent of that payable for a position at level V
of the Executive Schedule under section 5316 of title 5, United
States Code.
(2) Personnel as federal employees.--
(A) In general.--Any personnel of the Commission
shall be employees under section 2105 of title 5,
United States Code, for purposes of chapters 63, 81,
83, 84, 85, 87, 89, and 90 of that title.
(B) Detailees.--Any Federal Government employee may
be detailed to the Commission without reimbursement
from the Commission, and such detailee shall retain the
rights, status, and privileges of his or her regular
employment without interruption.
(C) Consultant services.--The Commission is
authorized to procure the services of experts and
consultants in accordance with section 3109 of title 5,
United States Code, but at rates not to exceed the
daily rate paid to a person occupying a position at
level IV of the Executive Schedule under section 5315
of title 5, United States Code.
(k) Termination.--The Commission shall terminate 60 days after the
date of submission of its final report under subsection (f).
(l) Funding.--There are authorized to be appropriated to the
Commission such sums as are necessary to carry out this Act, to remain
available, without fiscal year limitation, until the termination of the
Commission. | Taxpayer Protection Act - Makes a federal financial entity (the Secretary of the Treasury, members of the Financial Institutions Examination Council, and the Federal Housing Finance Agency) that provides emergency economic assistance to any private entity subject to oversight, reporting, accountability, and transparency provisions of the Emergency Economic Stabilization Act of 2008. Requires monthly reports to Congress on the recipients of such assistance and the collateral provided.
Requires the intended recipient of such assistance, before receiving funds, to agree in writing to specified conditions regarding: (1) monthly reports to Congress; (2) access by the financial entity to relevant personnel and data; (3) limits on executive compensation; (4) prohibitions on bonuses to the recipient's 25 most highly compensated employees; (5) prohibitions on the use of assistance for entertainment and lobbying expenditures; and (6) the sale or divestiture of passenger aircraft. Considers any violation of such agreement as a default on the recipient's obligation.
Directs the Attorney General to establish a Taxpayer Protection Prosecution Task Force to: (1) investigate and prosecute financial fraud that contributed to the collapse of our financial markets; (2) seek to recover any ill-gotten gains; and (3) make recommendations about extending the statute of limitation for complex financial fraud.
Establishes the Financial Market Investigation and Reform Commission to: (1) report on the causes of the collapse of the nation's financial system and credit crisis; (2) report on the extent to which federal entities had information on risky or reckless financial practices that posed a threat to the financial system's well-being; (3) build on any investigations by congressional committees and federal banking agencies to avoid duplication of effort; and (4) report to the President and Congress with recommendations to prevent a similar crisis in the future. | {"src": "billsum_train", "title": "A bill to extend oversight, accountability, and transparency provisions of the Emergency Economic Assistance Act of 2008 to all Federal emergency economic assistance to private entities, to impose tough conditions for all recipients of such emergency economic assistance, to set up a Federal task force to investigate and prosecute criminal activities that contributed to our economic crisis, and to establish a bipartisan financial market investigation and reform commission, and for other purposes."} | 3,285 | 371 | 0.580187 | 1.868745 | 0.860166 | 3.900568 | 8.860795 | 0.946023 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicaid Infant Mortality Amendments
of 1993''.
SEC. 2. PHASED-IN COVERAGE OF PREGNANT WOMEN AND INFANTS UP TO 185
PERCENT OF POVERTY LEVEL.
(a) In General.--Section 1902(l)(2)(A) of the Social Security Act
(42 U.S.C. 1396a(l)(2)(A)) is amended--
(1) in clause (ii)--
(A) in subclause (I), by striking ``and'' at the
end,
(B) by striking the period at the end of subclause
(II) and inserting a comma, and
(C) by adding at the end the following new
subclauses:
``(III) July 1, 1994, 150 percent, or, if greater, the
percentage provided under clause (v), and
``(IV) July 1, 1995, 185 percent.''; and
(2) by adding at the end the following new clause:
``(v) In the case of a State which, as of the date of the enactment
of this clause, has established under clause (i), or has enacted
legislation authorizing, or appropriating funds, to provide for, a
percentage (of the income official poverty line) that is greater than
150 percent, the percentage provided under clause (ii) for medical
assistance on or after July 1, 1994, shall not be less than--
``(I) the percentage specified by the State in an amendment
to its State plan (whether approved or not) as of the date of
the enactment of this clause, or
``(II) if no such percentage is specified as of the date of
the enactment of this clause, the percentage established under
the State's authorizing legislation or provided for under the
State's appropriations.''.
(b) Flexibility in Income Methodology and Deduction of Child Care
in Computation of Income.--Section 1902(l)(3)(E) of such Act (42 U.S.C.
1396a(l)(3)(E)) is amended by striking ``(E)'' and inserting the
following:
``(E)(i) with respect to an individual described in
subparagraph (A) or (B) of paragraph (1), family income shall
be determined in accordance with a methodology which is no more
restrictive than the methodology employed under the State plan
under part A or E of title IV (except to the extent such
methodology is inconsistent with clause (D) of subsection
(a)(17) and except that there shall be disregarded costs for
such child care as is necessary for the employment of the
pregnant woman or the caretaker of the infant), and costs
incurred for medical care or for any other type of remedial
care shall not be taken into account, and
``(ii) with respect to an individual described in paragraph
(1)(C) or (1)(D),''.
(c) Prohibiting Application of Resource Test.--Section 1902(l)(3)
of such Act (42 U.S.C. 1396a(l)(3)) is amended--
(1) by amending subparagraph (A) to read as follows:
``(A)(i) no resource standard or methodology shall be
applied to individuals who are eligible for medical assistance
because of subsection (a)(10)(A)(i)(IV), and (ii) application
of a resource standard or methodology for individuals who are
eligible for medical assistance because of subsection
(a)(10)(A)(i)(VI) or (a)(10)(A)(ii)(IX) shall be at the option
of the State, but any such resource standard or methodology may
not be more restrictive than the corresponding standard or
methodology that is applied under the State plan under part A
of title IV;'',
(2) by striking subparagraphs (B) and (C), and
(3) by redesignating subparagraphs (D) and (E) as
subparagraphs (B) and (C), respectively.
(d) Effective Dates.--
(1) Higher income standards.--Except as provided in
paragraph (3), the amendments made by subsection (a) shall
apply to payments under title XIX of the Social Security Act
for calendar quarters beginning on or after July 1, 1994, with
respect to eligibility for medical assistance on or after such
date, without regard to whether or not final regulations to
carry out such amendments have been promulgated by such date.
(2) Income methodology and resource standard.--Except as
provided in paragraph (3), the amendments made by subsections
(b) and (c) shall apply to payments under title XIX of the
Social Security Act for calendar quarters beginning on or after
July 1, 1994, with respect to eligibility for medical
assistance on or after such date, without regard to whether or
not final regulations to carry out such amendments have been
promulgated by such date.
(3) Exception for certain states.--In the case of a State
plan for medical assistance under title XIX of the Social
Security Act which the Secretary of Health and Human Services
determines requires State legislation (other than legislation
authorizing or appropriating funds) in order for the plan to
meet the additional requirements imposed by the amendments made
by this section, the 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. 3. OPTIONAL COVERAGE OF PRENATAL AND POST PARTUM HOME VISITATION
SERVICES.
(a) In General.--Section 1905(a) of the Social Security Act (42
U.S.C. 1396d(a)) is amended--
(1) by striking ``and'' at the end of paragraph (21),
(2) by redesignating paragraph (22) as paragraph (25),
(3) by redesignating paragraphs (23) and (24) as paragraphs
(22) and (23), respectively,
(4) by inserting after paragraph (23) the following new
paragraph:
``(24) prenatal home visitation services for high-risk
pregnant women, post partum home visitation services with
respect to high-risk infants under 1 year of age, or both (as
specified by the State), as prescribed by a physician; and''.
(b) Conforming Amendments.--Section 1902 of such Act (42 U.S.C.
1396a) is amended--
(1) in subsection (a)(10)(C)(iv), by striking ``(21)'' and
inserting ``(24)'', and
(2) in subsection (j), by striking ``(22)'' and inserting
``(25)''.
(c) Effective Date.--The amendments made by this section shall
apply to services furnished on or after July 1, 1994, without regard to
whether or not final regulations to carry out such amendments have been
promulgated by such date. | Medicaid Infant Mortality Amendments of 1993 - Amends title XIX (Medicaid) of the Social Security Act to phase-in mandatory State coverage of pregnant women and infants whose family income is below 185 percent of the Federal poverty level. Deducts child and medical care costs from the income eligibility test.
Authorizes States to provide Medicaid coverage of prenatal home visitation services for high-risk pregnant women and/or postpartum home visitation services for high-risk infants. | {"src": "billsum_train", "title": "Medicaid Infant Mortality Amendments of 1993"} | 1,646 | 108 | 0.467032 | 1.067734 | 0.2634 | 3.047059 | 16.976471 | 0.835294 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Campaign Finance Reform Act of
1997''.
SEC. 2. LIMITATION ON AMOUNT OF NON-FEDERAL MONEY CONTRIBUTED BY
NATIONAL POLITICAL PARTIES.
Section 315(a) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(a)) is amended by adding at the end the following new
paragraph:
``(9)(A) In addition to the limitation on the amount of
contributions a person may make under this subsection, no person may
make any payment described in subparagraph (C) to any political
committee established and maintained by a national political party in
any calendar year in an amount which, in the aggregate, exceeds
$10,000.
``(B) For purposes of subparagraph (A), the Senatorial campaign
committee and the Congressional campaign committee of each national
political party shall each be treated as a separate political committee
established and maintained by the party.
``(C) A payment described in this subparagraph is a payment of any
gift, subscription, loan, advance, or deposit of money or anything of
value made in support of the activities of a political committee
established and maintained by a national political party or the party
(other than any payment treated as a contribution for purposes of the
limitations on contributions imposed under this subsection).''.
SEC. 3. TREATMENT OF CERTAIN COMMUNICATIONS AS INDEPENDENT
EXPENDITURES.
Section 301(17) of the Federal Election Campaign Act of 1971 (2
U.S.C. 431(17)) is amended to read as follows:
``(17)(A) The term `independent expenditure' means an expenditure
made by a person expressly advocating the election or defeat of a
clearly identified candidate which is made without cooperation or
consultation with any candidate, or any authorized committee or agent
of such candidate, and which is not made in concert with, or at the
request or suggestion of, any candidate, or any authorized committee or
agent of such candidate.
``(B) For purposes of subparagraph (A), a person shall be deemed to
be `expressly advocating the election or defeat of a clearly identified
candidate' if the person makes any expenditure for a communication
disseminated during the 90-day period which ends on the date of an
election which includes the name, image, or likeness of a candidate for
election for Federal office, if the person has expended an aggregate
amount equal to or greater than $10,000 for such communications during
such period, taking into account any expenditures for such
communications made by any other person who is under the direction or
control of or otherwise affiliated with the person.''.
SEC. 4. RESTRICTIONS ON SOLICITATION AND TRANSFER OF FUNDS BY
CANDIDATES AND PARTIES TO CERTAIN NONPROFIT
ORGANIZATIONS.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.) is amended by adding at the end the following new section:
``solicitation and transfer of funds by candidates and parties to
certain nonprofit organizations
``Sec. 323. (a) Restrictions on Solicitation of Contributions by
Candidates and Officeholders.--
``(1) In general.--No individual who is a candidate for
election for Federal office or who holds Federal office may
solicit contributions to, or on behalf of, any organization
that is exempt from Federal taxation under section 501(c) of
the Internal Revenue Code of 1986 during any period for which
the individual is such a candidate or holds such office if the
organization is established, maintained, or controlled by such
individual.
``(2) Certain individuals treated as holding federal
office.--For purposes of this subsection, an individual shall
be treated as holding Federal office if such individual holds a
position described in level I of the Executive Schedule under
5312 of title 5, United States Code.
``(b) Prohibiting Solicitations for or Donations to Nonprofit
Organizations by Parties.--No national, State, district or local
committee of a political party, including the national congressional
campaign committees of a political party, any entity that is directly
or indirectly established, financed, maintained, or controlled by a
committee of a political party, any entity acting on behalf of a
committee of a political party, and any officer or agent acting on
behalf of any such party committee or entity, may solicit any funds for
or make any donations to any organization that is exempt from Federal
taxation under section 501(c) of the Internal Revenue Code of 1986.''.
SEC. 5. REQUIRING MONTHLY REPORTS FOR CERTAIN CANDIDATE COMMITTEES.
(a) In General.--Section 304(a)(2)(A)(iii) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 434(a)(2)(A)(iii)) is amended to read as
follows:
``(iii)(I) in the case of a committee that has
reported an aggregate amount of contributions during
the year in an amount equal to or greater than $50,000,
additional monthly reports for all months in the year
other than November and December, which shall be filed
no later than the 20th day after the last day of the
month and shall be complete as of the last day of the
month, together with a year end report which shall be
filed no later than January 31 of the following
calendar year, or
``(II) in the case of any other committee,
additional quarterly reports, which shall be filed no
later than the 15th day after the last day of each
calendar quarter, and which shall be complete as of the
last day of each calendar quarter: except that the
report for the quarter ending December 31 shall be
filed no later than January 31 of the following
calendar year; and''.
(b) Requiring Committees To Make Reports Available on Internet.--
(1) In general.--Section 304(a)(11)(A) of such Act (2
U.S.C. 434(a)(11)(A)) is amended by striking the period at the
end and inserting the following: ``, except that a principal
campaign committee of a candidate filing monthly reports
pursuant to paragraph (2)(A)(iii)(I) shall file such reports by
such electronic format or method and at the time of filing
shall post such reports on the Internet at an Internet site
established by the committee.''.
(2) Internet defined.--Section 301 of such Act (2 U.S.C.
431) is amended by striking paragraph (19) and inserting the
following new paragraph:
``(19) The term `Internet' means the international computer network
of both Federal and non-Federal interoperable packet-switched data
networks.''.
SEC. 6. NONSEVERABILITY OF PROVISIONS.
If any provision of this Act or any amendment made by this Act, or
the application thereof to any person or circumstance, is held invalid,
the remaining provisions of this Act or any amendment made by this Act
shall be treated as invalid.
SEC. 7. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to amounts
contributed or expended on or after the date of the enactment of this
Act. | Campaign Finance Reform Act of 1997 - Amends the Federal Election Campaign Act of 1971 to: (1) set a limitation on the amount of non-Federal money that may be contributed by any person to any political committee of a national political party; (2) redefine the term "independent expenditure"; (3) restrict the solicitation of contributions by candidates and Federal officeholders to or on behalf of certain nonprofit organizations; (4) prohibit solicitations for or donations to nonprofit organizations by political parties and specified entities; and (5) revise reporting requirements to require certain principal campaign committees to file additional monthly reports electronically and make such reports available on the Internet. | {"src": "billsum_train", "title": "Campaign Finance Reform Act of 1997"} | 1,638 | 136 | 0.495527 | 1.3312 | 0.584616 | 2.53125 | 11.078125 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Galisteo Basin Archaeological
Protection Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The Galisteo Basin and surrounding area of New Mexico
are the location of many well preserved prehistoric and
historic archaeological resources of Native American and
Spanish colonial cultures.
(2) These resources include the largest ruins of Pueblo
Indian settlements in the United States, spectacular examples
of Native American rock art, and ruins of Spanish colonial
settlements.
(3) These resources are threatened by natural causes, urban
development, vandalism, and uncontrolled excavations.
(b) Purpose.--The purpose of this Act is to provide for the
preservation, protection, and interpretation of the nationally
significant archaeological resources in the Galisteo Basin in New
Mexico.
SEC. 3. ESTABLISHMENT OF GALISTEO BASIN ARCHAEOLOGICAL PROTECTION
SITES.
(a) In General.--The archaeological sites listed in subsection (b),
as generally depicted on the map entitled ``Galisteo Basin
Archaeological Protection Sites'' and dated May 1999, are hereby
designated as the ``Galisteo Basin Archaeological Protection Sites''.
(b) Sites Described.--The archaeological sites referred to in
subsection (a) consist of 26 sites in the Galisteo Basin, New Mexico,
totaling approximately 4,022 acres, as follows:
Name Acres
Arroyo Hondo Pueblo.................................... 21
Burnt Corn Pueblo...................................... 110
Camino Real Site....................................... 1
Chamisa Locita Pueblo.................................. 40
Comanche Gap Petroglyphs............................... 768
Espinoso Ridge Site.................................... 160
La Cienega Pueblo and Petroglyphs...................... 126
La Cienega Pithouse Village............................ 179
La Cieneguilla Petroglyphs............................. 186
La Cieneguilla Pueblo.................................. 12
Lamy Pueblo............................................ 30
Lamy Junction Site..................................... 65
Las Huertas............................................ 20
Pa'ako Pueblo.......................................... 29
Petroglyph Hill........................................ 90
Pueblo Blanco.......................................... 533
Pueblo Colorado........................................ 120
Pueblo Galisteo/Las Madres............................. 284
Pueblo Largo........................................... 60
Pueblo She............................................. 120
Rote Chert Quarry...................................... 1
San Cristobal Pueblo................................... 390
San Lazaro Pueblo...................................... 416
San Marcos Pueblo...................................... 152
Tonque Pueblo.......................................... 97
Upper Arroyo Hondo Pueblo.............................. 12
Total Acreage 4,022
(c) Availability of Map.--The Secretary shall keep the map referred
to in subsection (a) on file and available for public inspection in
appropriate offices in New Mexico of the Bureau of Land Management and
the National Park Service.
(d) Boundary Adjustments.--The Secretary may make minor adjustments
to the boundaries of the archaeological protection sites by publishing
notice thereof in the Federal Register.
SEC. 4. ADDITIONAL SITES.
(a) In General.--The Secretary shall--
(1) continue to search for additional Native American and
Spanish colonial sites in the Galisteo Basin area of New
Mexico; and
(2) within 3 years after the date funds are first available
to carry out this Act, and periodically thereafter, submit to
the Congress recommendations for additions to, deletions from,
and modifications of the boundaries of sites included in, the
list of archaeological protection sites in section 4(b).
(b) Additions Only by Statute.--Additions to or deletions from the
list in section 3(b) may be made only by an Act of Congress.
SEC. 5. ADMINISTRATION.
(a) In General.--The Secretary shall administer Federal lands
located within the archaeological protection sites in accordance with
this Act, the Archaeological Resources Protection Act of 1979 (16
U.S.C. 470aa et seq.), the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.), and other applicable laws,
in a manner that will protect, preserve, and maintain the
archaeological resources of those sites and provide for research
thereon.
(b) Management Plan.--
(1) In general.--Within 3 complete fiscal years after the
date funds are first made available to carry out this Act, the
Secretary shall prepare and transmit to the Committee on Energy
and Natural Resources of the Senate and the Committee on
Resources of the House of Representatives a general management
plan for the identification, research, protection, and public
interpretation of the archaeological resources of Federal lands
located within the archaeological protection sites and non-
Federal lands that are the subject of cooperative agreements
under section 6.
(2) Consultation.--The Secretary shall develop the general
management plan in consultation with the Governor of New
Mexico, the New Mexico State Land Commissioner, affected Native
American pueblos, and other interested persons.
SEC. 6. COOPERATIVE AGREEMENTS.
The Secretary may enter into cooperative agreements with the owners
of non-Federal lands located within the archaeological protection
sites. The purposes of such an agreement shall be to protect, preserve,
maintain, and administer the archaeological resources and associated
lands of such a site. Where appropriate, such an agreement may also
provide for public interpretation of an archaeological protection site.
SEC. 7. ACQUISITIONS.
(a) In General.--The Secretary may acquire lands and interests
therein within the boundaries of the archaeological protection sites,
and access thereto, by donation, purchase with donated or appropriated
funds, or by exchange.
(b) Consent of Owner Required.--The Secretary may acquire lands or
interests therein under this section only with the consent of the owner
thereof.
(c) State Lands.--The Secretary may acquire under this section
lands or interests therein owned by the State of New Mexico or a
political subdivision thereof only by donation or exchange.
SEC. 8. WITHDRAWAL.
Subject to valid existing rights, all Federal lands within the
archaeological protection sites are hereby withdrawn--
(1) from all forms of entry, appropriation, or disposal
under the public land laws;
(2) from location, entry, and patent under the mining laws;
and
(3) from disposition under all laws relating to mineral and
geothermal leasing.
SEC. 9. DEFINITIONS.
In this Act:
(1) Archaeological protection site.--The term
``archaeological protection site'' means any archaeological
site designated as one of the Galisteo Basin Archaeological
Protection Sites by section 3.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior. | Requires the Secretary to submit to specified congressional committees a general management plan for the identification, research, protection, and public interpretation of the archaeological resources of: (1) Federal lands located within the archaeological protection sites; and (2) non-Federal lands within the sites that are the subject of discretionary cooperative agreements the Secretary has entered into with their owners for the protection, preservation, and administration of their archaeological resources and associated lands.
Authorizes the Secretary to acquire lands and interests within the boundaries of the archaeological protection sites, and access to them, by donation, purchase with donated or appropriated funds, or by exchange. Limits to donation or exchange the Secretary's acquisition authority for lands or interests owned by the State of New Mexico or a local government.
Withdraws all Federal lands within the sites, subject to valid existing rights, from: (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral and geothermal leasing. | {"src": "billsum_train", "title": "Galisteo Basin Archaeological Protection Act"} | 1,552 | 229 | 0.4757 | 1.332959 | 0.67177 | 5.075472 | 5.981132 | 0.915094 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drought Information Act of 2013''.
SEC. 2. REAUTHORIZATION OF NATIONAL INTEGRATED DROUGHT INFORMATION
SYSTEM.
(a) System Amendments.--Section 3 of the National Integrated
Drought Information System Act of 2006 (15 U.S.C. 313d) is amended--
(1) in subsection (a)--
(A) by inserting ``and continue to support'' after
``establish''; and
(B) by inserting before the period at the end the
following: ``to better inform and provide for more
timely decisionmaking to reduce drought related impacts
and costs''; and
(2) by striking subsection (b) and inserting the following:
``(b) System Functions.--The National Integrated Drought
Information System shall--
``(1) provide an effective drought early warning system
that--
``(A) collects and integrates information on the
key indicators of drought and drought impacts,
including water supplies and soil moisture, in order to
make usable, reliable, and timely forecasts of drought,
including assessments of the severity of drought
conditions and impacts; and
``(B) provides such information, forecasts, and
assessments on both national and regional levels;
``(2) communicate drought forecasts, drought conditions,
and drought impacts on an ongoing basis to stakeholders and
entities engaged in drought planning, preparedness, and
management, including--
``(A) decisionmakers at the Federal, regional,
State, tribal, and local levels of government;
``(B) the private sector; and
``(C) the public;
``(3) provide timely data, information, and products that
reflect local, regional, and State differences in drought
conditions;
``(4) coordinate, and integrate as practicable, Federal
research and monitoring in support of a drought early warning
system;
``(5) build upon existing Federal, State, regional,
private, public, and academic forecasting and assessment
programs and partnerships; and
``(6) continue ongoing research and monitoring activities
related to drought, including research activities relating to
length, severity, and impacts of drought and the role of
extreme weather events and climate variability in drought.''.
(b) Authorization of Appropriations.--Section 4 of such Act (15
U.S.C. 313d note) is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) $12,000,000 for each of fiscal years 2014 through
2018.''.
(c) Report.--
(1) In general.--Not later than 540 days after the date of
the enactment of this Act, the Under Secretary of Commerce for
Oceans and Atmosphere shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Science, Space, and Technology of the House of
Representatives a report on the National Integrated Drought
Information System.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) An assessment of the implementation of the
National Integrated Drought Information System,
including an assessment of how the information,
forecasts, and assessments produced by such system are
utilized in drought policy planning and response
activities.
(B) Specific plans for continued development of the
system, including future milestones.
(C) An identification of research, monitoring, and
forecasting needs to enhance the predictive capability
of drought early warnings that include--
(i) the length and severity of droughts;
(ii) the contribution of weather events to
reducing the severity or ending drought
conditions; and
(iii) regionally-specific drought impacts.
(D) A list of partners with whom the Under
Secretary collaborates to implement the National
Integrated Drought Information System.
(E) A description of the outreach activities
conducted by the Under Secretary regarding the National
Integrated Drought Information System.
(3) Consultation.--In developing the report required by
paragraph (1), the Under Secretary shall consult with relevant
Federal, regional, State, tribal, and local government
agencies, research institutions, and the private sector.
Passed the Senate February 3, 2014.
Attest:
Secretary.
113th CONGRESS
2d Session
S. 376
_______________________________________________________________________
AN ACT
To reauthorize the National Integrated Drought Information System, and
for other purposes. | Drought Information Act of 2013 - Amends the National Integrated Drought Information System Act of 2006 to specify that: (1) the Under Secretary of Commerce for Oceans and Atmosphere shall continue to support the National Integrated Drought Information System (NIDIS) Program, and (2) the program's purpose shall be to better inform and provide for more timely decisionmaking to reduce drought related impacts and costs. Revises NIDIS functions to require the NIDIS to, among other things: (1) provide certain information (including concerning water supplies and soil moisture), forecasts, and assessments described in the Act on both national and regional levels; and (2) continue ongoing research and monitoring activities related to drought and the role of extreme weather events and climate variability in drought. Requires the Under Secretary to provide a report to Congress concerning the NIDIS Program that includes a list of partners with whom the Under Secretary collaborates on NIDIS implementation and a description of NIDIS outreach activities. Authorizes appropriations to carry out the Act through FY2018. | {"src": "billsum_train", "title": "Drought Information Act of 2013"} | 994 | 226 | 0.66548 | 1.736719 | 0.802597 | 3.5625 | 5.286458 | 0.84375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``East Timor Transition to
Independence Act of 2000''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) On August 30, 1999, the East Timorese people voted
overwhelmingly in favor of independence from Indonesia in
elections organized by the United Nations Assistance Mission in
East Timor (UNAMET). Pro-integration militias, with the support
of the Indonesian military, attempted to prevent then
retaliated against this vote by launching a campaign of terror
and violence. As a result, over 500,000 people, or
approximately \2/3\ of the population, were displaced. Hundreds
were murdered, and many were raped.
(2) The violent campaign devastated East Timor's
infrastructure, including its schools, water and power
supplies, and transportation and communications systems. The
militias destroyed or severely damaged 60 to 80 percent of
public and private property across East Timor. Virtually all
vestiges of government, public services (including sanitation),
and public security in East Timor also collapsed.
(3) The International Force for East Timor (INTERFET)
entered East Timor in September 1999 and successfully restored
order. INTERFET was organized and led by Australia, with the
active participation of the Philippines, South Korea, New
Zealand, and Thailand.
(4) On October 25, 1999, the United Nations Security
Council established a new mandate for its operations in East
Timor. The United Nations Transitional Administration for East
Timor (UNTAET), which replaced UNAMET, was directed to provide
overall administration of East Timor, guide the people of East
Timor in the establishment of a new democratic government, and
maintain security and order.
(5) The leadership of UNTAET and the East Timorese
leadership currently anticipate that East Timor will become an
independent nation in mid- to late-2001.
(6) East Timor is one of the poorest places in Asia. A
large percentage of the population live below the poverty line,
only 20 percent of East Timor's population is literate, most of
East Timor's people remain unemployed, the annual per capita
Gross National Product is $340, and life expectancy is only 56
years.
(7) The World Bank and the United Nations have estimated
that it will require $300,000,000 in development assistance
over the next three years in order to meet East Timor's basic
development needs. Donor countries, including the United
States, have pledged a total of $173,000,000 to the Trust Fund
established by the World Bank to manage the distribution of
donor funds in East Timor, and $37,000,000 to the Trust Fund of
UNTAET.
(8) The United States has been a leading contributor to the
development of East Timor since 1994. As a result of the United
States Agency for International Development's funding a
successful coffee cooperative project, small farmers have been
able to enter the cash economy and to increase the amount of
money earned from the coffee they grow.
(9) The Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2000, provided $25,000,000 for
East Timor. Utilizing these funds, the United States Agency for
International Development has helped to restart the coffee
cooperative project after it ceased to operate during the
militia rampage, funded job creation programs for East
Timorese, contributed to UNTAET and to the World Bank Trust
Fund for East Timor, supported community organizations, and
funded forensics, human rights, independent media, and judicial
development projects.
SEC. 3. SENSE OF CONGRESS RELATING TO SUPPORT FOR EAST TIMOR.
It is the sense of Congress that the United States--
(1) should support formation of broad-based democracy in
East Timor, and help lay the groundwork for East Timor's
economic recovery, the strengthening of East Timor's security,
and the promotion of East Timor's ability to play a positive
role in the Asia-Pacific region and in international
organizations.
(2) should continue to support the provision of bilateral
and multilateral assistance to East Timor, with such assistance
targeted to creation of jobs, promotion of civil society,
preparation for East Timor's first elections, development of
East Timor's educational and health care systems, and support
for East Timor's judicial system and the truth and
reconciliation process;
(3) should begin to lay the groundwork, prior to East
Timor's independence, for an equitable future trade and
investment relationship with East Timor, including trade and
investment promotion activities to be carried out by the
Overseas Private Investment Corporation, the Trade and
Development Agency, and the Export-Import Bank of the United
States;
(4) should officially open a diplomatic mission in East
Timor as soon as possible to ensure that the United States can
continue to play a leadership role in building East Timor's
political and economic future; and
(5) should support the efforts by the United Nations to
ensure justice and accountability related to past atrocities in
East Timor through United Nations investigations, United
Nations support for the development of East Timor's judicial
system, and the possible establishment of an international
tribunal for East Timor.
SEC. 4. BILATERAL ASSISTANCE.
(a) Authorization.--The President, acting through the Administrator
of the United States Agency for International Development, is
authorized and encouraged to provide assistance under the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) and other applicable
laws to support the transition to democracy and self-government in East
Timor.
(b) Additional Requirements.--Assistance provided pursuant to
subsection (a)--
(1) shall support the development of civil society,
including nongovernmental organizations in East Timor;
(2) shall promote the development of an independent news
media;
(3) shall support job creation and economic development in
East Timor, including support for microenterprise programs and
technical education, as well as environmental protection and
education programs;
(4) shall fund efforts to promote reconciliation, conflict
resolution, and prevention of further conflict with respect to
East Timor, including establishing accountability for past
gross human rights violations;
(5) shall support the repatriation and reintegration of
refugees into East Timor; and
(6) shall support political party development, voter
education, voter registration and other activities in support
of free and fair elections in East Timor.
(c) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section $25,000,000 for each of the fiscal years
2001, 2002, and 2003.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) are
authorized to remain available until expended.
SEC. 5. MULTILATERAL ASSISTANCE.
The President shall instruct the United States executive director
at each international financial institution to which the United States
is a member, in particular the International Bank for Reconstruction
and Development and the Asian Development Bank, to use the voice, vote,
and influence of the United States to ensure that the institution
provides timely and appropriate resources to help East Timor to
continue to develop its economy, meet basic human needs, and evolve
toward economic self-sufficiency, pluralism, and democracy.
SEC. 6. PEACE CORPS ASSISTANCE.
(a) Authorization.--The President, acting through the Director of
the Peace Corps, is authorized to carry out a program in East Timor
under the Peace Corps Act (22 U.S.C. 2501 et seq.) which shall include
the use of Peace Corps volunteers--
(1) to provide English language and other technical
training for individuals in East Timor as well as other
activities which promote education, economic development, and
economic self-sufficiency; and
(2) to quickly address immediate assistance needs in East
Timor using the Peace Corps Crisis Corps, to the extent
practicable.
(b) Authorization of Appropriations.--
(1) In general.--In addition to amounts otherwise available
to carry out subsection (a), there are authorized to be
appropriated $2,000,000 for each of the fiscal years 2001,
2002, and 2003 to carry out such subsection.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) are
authorized to remain available until expended.
SEC. 7. TRADE AND INVESTMENT ASSISTANCE.
(a) OPIC.--Beginning on the date of the enactment of this Act, the
President shall initiate negotiations with the United Nations
Transitional Administration for East Timor (UNTAET), the National
Council of East Timor, and the government of East Timor (after
independence for East Timor)--
(1) to apply to East Timor the existing agreement between
the Overseas Private Investment Corporation and Indonesia, or
(2) to enter into a new agreement authorizing the Overseas
Private Investment Corporation to carry out programs with
respect to East Timor,
in order to expand United States investment in East Timor.
(b) Trade and Development Agency.--
(1) In general.--The Director of the Trade and Development
Agency is authorized to carry out projects in East Timor under
section 661 of the Foreign Assistance Act of 1961 (22 U.S.C.
2421).
(2) Authorization of appropriations.--
(A) In general.--There are authorized to be
appropriated to carry out this subsection $1,000,000
for each of the fiscal years 2001, 2002, and 2003.
(B) Availability.--Amounts appropriated pursuant to
the authorization of appropriations under subparagraph
(A) are authorized to remain available until expended.
(c) Export-Import Bank.--The Export-Import Bank of the United
States shall expand its activities in connection with exports to East
Timor.
SEC. 8. GENERALIZED SYSTEM OF PREFERENCES.
(a) Sense of Congress.--It is the sense of Congress that the
President should encourage the United Nations Transitional
Administration for East Timor (UNTAET), in close consultation with the
National Council of East Timor, to seek to become eligible for duty-
free treatment under title V of the Trade Act of 1974 (19 U.S.C. 2461
et seq.; relating to generalized system of preferences).
(b) Technical Assistance.--The United States Trade Representative
and the Commissioner of the United States Customs Service are
authorized to provide technical assistance to UNTAET, the National
Council of East Timor, and the government of East Timor (after
independence for East Timor) in order to assist East Timor to become
eligible for duty-free treatment under title V of the Trade Act of
1974.
SEC. 9. BILATERAL INVESTMENT TREATY.
It is the sense of the Congress that the President should seek to
enter into a bilateral investment treaty with the United Nations
Transitional Administration for East Timor (UNTAET), in close
consultation with the National Council of East Timor, in order to
establish a more stable legal framework for United States investment in
East Timor.
SEC. 10. SCHOLARSHIPS FOR EAST TIMORESE STUDENTS.
There are authorized to be appropriated to the Department of State,
$1,000,000 for the fiscal year 2002 and $1,000,000 for the fiscal year
2003 to carry out an East Timorese scholarship program under the
authorities of the United States Information and Educational Exchange
Act of 1948, the Mutual Educational and Cultural Exchange Act of 1961,
Reorganization Plan Number 2 of 1977, and the National Endowment for
Democracy Act. The Department of State shall make every effort to
identify and provide scholarships and other support to East Timorese
students interested in pursuing undergraduate and graduate studies at
institutions of higher education in the United States.
SEC. 11. PLAN FOR ESTABLISHMENT OF DIPLOMATIC FACILITIES IN EAST TIMOR.
The Secretary of State shall develop a detailed plan for the
official establishment of a diplomatic mission in Dili, East Timor.
SEC. 12. SECURITY ASSISTANCE FOR EAST TIMOR.
(a) Authorization.--Beginning on and after the date on which the
President transmits to the Congress a certification described in
subsection (b), the President is authorized--
(1) to transfer excess defense articles under section 516
of such Act (22 U.S.C. 2321j) to East Timor in accordance with
such section; and
(2) to provide military education and training under
chapter 5 of part II of the Foreign Assistance Act of 1961 (22
U.S.C. 2347 et seq.) for the armed forces of East Timor in
accordance with such chapter.
(b) Certification.--A certification described in this subsection is
a certification that--
(1) East Timor has established an independent armed forces;
and
(2) the assistance proposed to be provided pursuant to
subsection (a)--
(A) is in the national security interests of the
United States; and
(B) will promote both human rights in East Timor
and the professionalization of the armed forces of East
Timor.
SEC. 13. REPORTING REQUIREMENT.
(a) In General.--Not later than three months after the date of the
enactment of this Act, and every six months thereafter until January 1,
2004, the Secretary of State, in coordination with the Administrator of
the United States Agency for International Development, the Secretary
of the Treasury, the United States Trade Representative, the Secretary
of Commerce, the Overseas Private Investment Corporation, the Director
of the Trade and Development Agency, the President of the Export-Import
Bank of the United States, and the Director of the Peace Corps, shall
prepare and transmit to the Committee on International Relations of the
House of Representatives and the Committee on Foreign Relations of the
Senate a report that contains the information described in subsection
(b).
(b) Information.--The report shall include--
(1) significant developments in United States relations
with East Timor;
(2) developments in East Timor's political and economic
situation in the period covered by the report, including an
evaluation of any elections occurring in East Timor during this
period and the refugee reintegration process in East Timor;
(3) activities undertaken in East Timor by the
International Bank for Reconstruction and Development and the
Asian Development Bank, and an evaluation of the effectiveness
of these activities;
(4) the status of United States trade and investment
relations with East Timor, including a detailed analysis of any
trade and investment-related activity supported by the Overseas
Private Investment Corporation, the Export-Import Bank of the
United States, and the Trade and Development Agency during the
period of time since the previous report and the status of any
negotiations with the United Nations Transitional
Administration for East Timor (UNTAET) or East Timor to
facilitate the operation of the United States trade agencies in
East Timor;
(5) the nature and extent of United States-East Timor
cultural, education, scientific, and academic exchanges, both
official and unofficial, and any Peace Corps activities;
(6) with respect to the first report, a detailed plan for
the establishment of diplomatic facilities in East Timor in
accordance with section 11, which may be submitted in
classified or unclassified form, and including a timetable for
the official opening of a facility in Dili, the personnel
requirements for the mission, the estimated costs for
establishing the facility, and its security requirements; and
(7) with respect to the first report, a 3-year plan for
United States foreign assistance to East Timor in accordance
with section 4, prepared by the Administrator of the United
States Agency for International Development, which outlines the
goals for United States foreign assistance to East Timor during
this 3-year period, and in subsequent reports, describes in
detail the expenditure of United States bilateral foreign
assistance during the period covered by the report. | Sets forth requirements with respect to the provision to East Timor of bilateral assistance, multilateral assistance, Peace Corps assistance, certain trade and investment assistance, scholarships for East Timorese students, and security assistance. | {"src": "billsum_train", "title": "East Timor Transition to Independence Act of 2000"} | 3,412 | 44 | 0.408797 | 1.134991 | 0.306602 | 2.605263 | 83.105263 | 0.921053 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Renewables and
Energy Efficiency Incentives Act of 1993''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
TITLE I--INCENTIVES FOR PRODUCTION AND USE OF RENEWABLE ENERGY SOURCES
SEC. 101. ENERGY-RELATED CREDITS MAY OFFSET 25 PERCENT OF MINIMUM TAX.
(a) In General.--Section 38(c) (relating to limitation based on
amount of tax) is amended by redesignating paragraph (2) as paragraph
(3) and by inserting after paragraph (1) the following new paragraph:
``(2) Energy credits may offset 25 percent of minimum
tax.--
``(A) In general.--In the case of the energy
credit--
``(i) this section and section 39 shall be
applied separately with respect to such credit,
and
``(ii) for purposes of applying paragraph
(1) to such credit--
``(I) 75 percent of the tentative
minimum tax shall be substituted for
the tentative minimum tax under
subparagraph (A) thereof, and
``(II) the limitation under
paragraph (1) (as modified by subclause
(I)) shall be reduced by the credit
allowed under subsection (a) for the
taxable year (other than the energy
credit).
``(B) Energy credit.--For purposes of this
paragraph, the term `energy credit' means the portion
of the credit under subsection (a) which is
attributable to the credits determined under sections
45 and 48(a).''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 1993.
SEC. 102. SMALL WIND TURBINES ELIGIBLE FOR ENERGY CREDIT.
(a) In General.--Subparagraph (A) of section 48(a)(3) (defining
energy property) is amended by striking ``or'' at the end of clause
(i), by redesignating clause (ii) as clause (iii), and by inserting
after clause (i) the following new clause:
``(ii) equipment which uses wind energy to
generate electricity but only if such equipment
has a rated capacity of 50 kilowatts or less
and is not primarily used in the trade or
business of producing electricity for sale to
an unrelated person, or''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to property placed in service after December 31, 1993.
SEC. 103. LESSEES ELIGIBLE FOR CREDIT FOR ELECTRICITY PRODUCED FROM
CERTAIN RENEWABLE RESOURCES.
(a) In General.--Paragraph (3) of section 45(c) (defining qualified
facility) is amended by striking ``owned by the taxpayer'' and
inserting ``operated by the taxpayer''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 1993.
SEC. 104. CLARIFICATION OF APPLICATION OF ENERGY CREDIT TO PROPERTY
USING SOLAR ENERGY.
(a) In General.--Paragraph (3) of section 48(a) (relating to energy
credit) is amended by adding at the end thereof the following:
``Equipment shall be treated as satisfying the requirement of
subparagraph (A)(i) that it use solar energy if its average annual use
of energy from sources other than solar energy does not exceed 50
percent of its total energy input.''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to property placed in service after December 31, 1993.
TITLE II--INCENTIVES TO PROMOTE ENERGY EFFICIENCY
SEC. 201. LARGE ELECTRIC TRUCKS, VANS, AND BUSES ELIGIBLE FOR DEDUCTION
FOR CLEAN-FUEL VEHICLES.
(a) In General.--Paragraph (3) of section 179A(c) (defining
qualified clean-fuel vehicle property) is amended by adding at the end
thereof the following: ``The preceding sentence shall not apply to any
vehicle described in subclause (I) or (II) of subsection
(b)(1)(A)(iii).''
(b) Denial of Credit.--Subsection (c) of section 30 is amended by
adding at the end thereof the following new paragraph:
``(3) Denial of credit for vehicles for which deduction
allowable.--The term `qualified electric vehicle' shall not
include any vehicle described in subclause (I) or (II) of
section 179A(b)(1)(A)(iii).''
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 1993.
SEC. 202. DEDUCTION FOR ENERGY CONSERVATION EXPENDITURES BY CERTAIN
UTILITIES.
(a) In General.--Part VI of subchapter B of chapter 1 (relating to
itemized deductions for individuals and corporations) is amended by
inserting after section 196 the following new section:
``SEC. 197. ENERGY CONSERVATION EXPENDITURES BY ELECTRIC AND GAS
UTILITIES.
``(a) General Rule.--In the case of an electric or gas utility,
there shall be allowed as a deduction for the taxable year an amount
equal to the energy conservation expenditures paid or incurred by the
taxpayer during such taxable year.
``(b) Energy Conservation Expenditures.--For purposes of this
section, the term `energy conservation expenditures' means expenditures
for--
``(1) subsidies provided directly or indirectly to
customers for the purchase, installation, or modification of--
``(A) any device or service primarily designed to
reduce consumption of electricity, natural gas, or
steam or to improve the management of energy demand, or
``(B) any specially defined energy property (as
defined in section 136(c)(2)(A)),
``(2) energy use consulting and audits of commercial,
residential, and industrial properties, or
``(3) administrative, promotional, and other costs
associated with expenditures described in paragraph (1) or (2).
Such term shall not include any expenditure taken into account in
determining the basis of any tangible property which is owned by the
taxpayer and which is of a character subject to the allowance for
depreciation.
``(c) Electric or Gas Utility.--For purposes of this section, the
term `electric or gas utility' means any corporation engaged in the
furnishing or sale of electric energy, natural gas, or steam if the
rates for such furnishing or sale have been established or approved by
a State or political subdivision thereof, by any agency or
instrumentality of the United States, or by a public utility or public
service commission or other similar body of any State or political
subdivision thereof or of the District of Columbia.''
(b) Conforming Amendments.--
(1) Paragraph (1) of section 263(a) is amended by striking
``; or'' at the end of subparagraph (F) and inserting a comma,
by striking the period at the end of subparagraph (G) and
inserting ``, or'', and by adding at the end thereof the
following new subparagraph:
``(H) expenditures for which a deduction is allowed
under section 197.''
(2) The table of sections for part VI of subchapter B of
chapter 1 is amended by adding at the end thereof the following
new item:
``Sec. 197. Energy conservation
expenditures by electric and
gas utilities.''
(c) Effective Date.--The amendments made by this section shall
apply to expenditures paid or incurred in taxable years beginning after
December 31, 1980.
SEC. 203. FULL EXCLUSION FOR ENERGY CONSERVATION SUBSIDIES PROVIDED
WITH RESPECT TO NONRESIDENTIAL PROPERTY.
(a) In General.--Subsection (a) of section 136 (relating to energy
conservation subsidies provided by public utilities) is amended to read
as follows:
``(a) Exclusion.--Gross income shall not include the value of any
subsidy provided (directly or indirectly) by a public utility to a
customer for the purchase or installation of any energy conservation
measure.''
(b) Conforming Amendment.--Paragraph (1) of section 136(c)
(defining energy conservation measure) is amended by striking
``demand--'' and all that follows and inserting ``demand with respect
to any property.''
(c) Effective Date.--The amendments made by this section shall
apply to subsidies provided after December 31, 1993.
TITLE III--REVENUE INCREASES
SEC. 301. REDUCTION OF TAX SUBSIDIES FOR ETHANOL FUEL MIXTURES.
(a) Reduction of Credit for Ethanol Blenders.--Subsection (h) of
section 40 (relating to alcohol used as fuel) is amended--
(1) by striking ``54 cents'' each place it appears and
inserting ``35 cents'', and
(2) by striking ``40 cents'' each place it appears and
inserting ``21 cents''.
(b) Reduction of Fuel Tax Subsidies.--
(1) Subparagraph (A) of section 4081(c)(1) (relating to
gasoline mixed with alcohol at refinery, etc.) is amended--
(A) by striking ``6.1 cents'' each place it appears
and inserting ``8.0 cents'',
(B) by striking ``7.342 cents'' each place it
appears and inserting ``8.805 cents'', and
(C) by striking ``8.422 cents'' each place it
appears and inserting ``9.505 cents''
(2) Clause (i) of section 4041(b)(2)(A) (relating to
reduction in special fuels tax for qualified methanol and
ethanol fuel) is amended by striking ``5.4 cents'' and
inserting ``3.5 cents''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 1994.
SEC. 302. REPEAL OF EXCLUSION FOR INTEREST ON BONDS ISSUED TO FINANCE
ELECTRIC GENERATING FACILITIES FUELED BY COAL, PETROLEUM,
OR NUCLEAR POWER.
(a) In General.--Section 149 (relating to bonds must be registered
to be tax exempt; other requirements) is amended by adding at the end
thereof the following new subsection:
``(h) Bonds Used To Finance Certain Electric Generating Facilities
Not Tax-Exempt.--Nothing in section 103(a) or in any other provision of
law shall be construed to provide an exemption from Federal income tax
for interest on any bond issued as part of an issue if any portion of
such issue is used to provide facilities for the furnishing of
electricity if such electricity is generating using nuclear power,
coal, crude oil, or any petroleum product.''
(b) Conforming Amendment.--Paragraph (8) of section 142(a) is
amended by inserting ``except as provided in section 149(h),'' before
``facilities''.
(c) Effective Date.--The amendments made by this section shall
apply to bonds issued after the date of the enactment of this Act.
SEC. 303. REPEAL OF TAX-EXEMPT STATUS FOR ELECTRIC COOPERATIVES.
(a) In General.--Subparagraph (A) of section 501(c)(12) (relating
to list of exempt organizations) is amended by inserting ``(other than
electric companies)'' after ``like organizations''.
(b) Conforming Amendments.--
(1) Paragraph (12) of section 501(c) is amended by striking
subparagraph (C) and by redesignating subparagraph (D) as
subparagraph (C).
(2) Subparagraph (C) of section 501(c)(12), as redesignated
by paragraph (1), is amended--
(A) by striking ``or electric'' each place it
appears, and
(B) by striking ``of electricity or''.
(3) Subsection (d) of section 513 is amended by striking
``or electric''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1993.
SEC. 304. INCREASED TAXES ON CRUDE OIL.
(a) In General.--Paragraph (1) of section 4611(c) (relating to rate
of tax on petroleum) is amended by striking ``and'' at the end of
subparagraph (A), by striking the period at the end of subparagraph (B)
and inserting ``, and'', and by adding at the end thereof the following
new subparagraph:
``(C) the petroleum security rate.''
(b) Rate of Tax.--Paragraph (2) of section 4611(c) is amended by
striking ``and'' at the end of subparagraph (A), by striking the period
at the end of subparagraph (B) and inserting ``, and'', and by adding
at the end thereof the following new subparagraph:
``(C) the petroleum security rate is 5 cents a
barrel.''
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 1994.
SEC. 305. DEDUCTION FOR PERCENTAGE DEPLETION FOR OIL AND GAS WELLS
LIMITED TO ADJUSTED BASIS.
(a) In General.--Subsection (d) of section 613A (relating to
limitations on percentage depletion in case of oil and gas wells) is
amended by adding at the end thereof the following new paragraph:
``(6) Limitation based on adjusted basis.--The deduction
for the taxable year attributable to the application of
subsection (c) with respect to any property shall not exceed
the adjusted basis of such property at the end of the taxable
year (determined without regard to the depletion deduction for
such taxable year).''
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 1993.
SEC. 306. REPEAL OF EXCEPTION FROM PASSIVE LOSS LIMITATION FOR WORKING
INTERESTS IN OIL AND GAS PROPERTIES.
(a) In General.--Subsection (c) of section 469 (relating to passive
activity losses and credits limited) is amended by striking paragraph
(3) and by redesignating paragraphs (4) through (6) as paragraphs (3)
through (5), respectively.
(b) Conforming Amendment.--Paragraph (3) of section 469(c), as
redesignated by subsection (a), is amended--
(1) by striking ``paragraphs (2) and (3)'' in the heading
and inserting ``paragraph (2)'', and
(2) by striking ``Paragraphs (2) and (3)'' in the text and
inserting ``Paragraph (2)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1993. | TABLE OF CONTENTS:
Title I: Incentives for Production and Use of
Renewable Energy Sources
Title II: Incentives to Promote Energy Efficiency
Title III: Revenue Increases
Renewables and Energy Efficiency Incentives Act of 1993 -
Title I: Incentives for Production and Use of Renewable Energy Sources
- Amends the Internal Revenue Code to allow energy tax credits to offset 25 percent of tentative minimum tax.
Includes certain small wind turbine equipment as energy property for purposes of the energy credit.
Makes lessees of electric facilities eligible for the credit for producing electricity from renewable resources.
Title II: Incentives to Promote Energy Efficiency
- Makes certain trucks, vans, and buses eligible for the deduction for clean-fuel vehicles. Denies any credit for which such deduction is allowable.
Allows electric or gas utilities a deduction for energy conservation expenditures.
Removes the limitation on the exclusion from gross income for nonresidential property for energy conservation subsidies provided by public utilities.
Title III: Revenue Increases
- Reduces the credit for ethanol blenders. Increases the Highway Trust Fund financing rate for determining the tax on gasoline mixed with alcohol at a refinery. Reduces such financing rate for methanol and ethanol fuels.
Prohibits an exemption from tax for interest on any bond used to finance certain electric generating facilities.
Repeals the tax-exempt status of electric companies.
Imposes a security rate tax on petroleum.
Limits the deduction for percentage depletion for oil and gas wells to their adjusted basis.
Repeals the exception from passive loss limitations for working interests in oil and gas properties. | {"src": "billsum_train", "title": "Renewables and Energy Efficiency Incentives Act of 1993"} | 3,600 | 351 | 0.518362 | 1.443889 | 0.747968 | 2.958199 | 9.562701 | 0.868167 |
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Universal Military
Training and Service Act of 2001''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Definitions.
Sec. 3. Basic military training and education.
Sec. 4. Period of basic military training and education.
Sec. 5. Educational services and prorated Montgomery GI Bill benefits.
Sec. 6. Role of Selective Service System.
Sec. 7. Induction of conscripts and acceptance of volunteers.
Sec. 8. Deferments and postponements.
Sec. 9. Exemptions.
Sec. 10. Military training in branch of member's choice; conscientious
objection.
Sec. 11. Pay and allowances.
Sec. 12. Discharge following training.
Sec. 13. Relation to authorized end strengths for active forces.
Sec. 14. Conforming amendments.
Sec. 15. Transitional provision.
SEC. 2. DEFINITIONS.
In this Act:
(1) The term ``armed forces'' means the Army, Navy, Marine
Corps, Air Force, and Coast Guard.
(2) The term ``basic military training and education''
means a program consisting of--
(A) basic training established by the Secretary
concerned for members of the armed forces inducted as
conscripts or accepted as volunteers pursuant this Act;
(B) educational services described in section 4;
and
(C) such specialty training as the Secretary
concerned considers appropriate.
(3) The term ``between the ages of 18 and 22'' refers to
men who have attained the 18th anniversary of the day of their
birth and who have not attained the 22d anniversary of the day
of their birth.
(4) The term ``Director'' means the Director of the
Selective Service System.
(5) The term ``local board'' means a county local board or
intercounty local board established by the President under
section 10(b) of the Military Selective Service Act (50 U.S.C.
App. 460(b)).
(6) The term ``Secretary concerned'' means the Secretary of
Defense, with respect to the Army, Navy, Marine Corps, and Air
Force, and the Secretary of Transportation, with respect to the
Coast Guard.
(7) The term ``United States'', when used in a geographical
sense, means the several States, the District of Columbia,
Puerto Rico, the Virgin Islands, and Guam.
SEC. 3. BASIC MILITARY TRAINING AND EDUCATION.
(a) Obligation for Young Men.--It is the obligation of every male
citizen of the United States, and every other male person residing in
the United States, who is between the ages of 18 and 22 to receive
basic military training and education as a member of the armed forces
unless the citizen or person is exempted under the provisions of this
Act.
(b) Acceptance of Young Women Volunteers.--Female citizens of the
United States, and other female persons residing in the United States,
who are between the ages of 18 and 22 may volunteer for enlistment in
the armed forces to receive basic military training and education under
this Act. At the discretion of the Secretary concerned, the Secretary
concerned may accept such volunteers to receive such training and
education.
SEC. 4. PERIOD OF BASIC MILITARY TRAINING AND EDUCATION.
(a) General Rule.--Except as otherwise provided in this section, a
person inducted as a conscript or accepted as a volunteer pursuant to
this Act shall receive basic military training and education as a
member of one of the armed forces for a period of not less than six
months, but not more than one year, as established by the Secretary
concerned.
(b) Extended Training and Educational Services for High School
Dropouts.--A person inducted as a conscript or accepted as a volunteer
pursuant to this Act who has not obtained a high school diploma or its
equivalent, shall receive basic military training and education as a
member of one of the armed forces for an additional period of up to six
months after the completion of the period established for members of
that armed force under subsection (a). The Secretary concerned shall
assist such members in earning the equivalent of a high school diploma
while receiving their basic military training and education.
(c) Other Grounds for Extension.--At the discretion of the
Secretary concerned, the period of basic military training and
education for a member of the armed forces under this Act may be
extended--
(1) with the consent of the member, for the purpose of
furnishing hospitalization, medical, or surgical care for
injury or illness incurred in line of duty; or
(2) for the purpose of requiring the member to compensate
for any time lost to training for any cause.
(d) Transfer to National and Community Service Programs.--The
Secretary concerned may enter into a cooperative agreement with another
Federal agency, a State or political subdivision of a State (including
a State Commission on National and Community Service maintained by a
State pursuant to section 178 of the National and Community Service Act
of 1990 (42 U.S.C. 12638)), and other entities carrying out a national
service program described in section 122 of such Act (42 U.S.C. 12572)
to provide for a transfer of a person receiving basic military training
and education, upon completion of the initial military training
component of the training, to complete the remainder of the person's
required service in a national service program.
(e) Early Termination.--The period of basic military training and
education for a person shall be terminated before the end of such
period under the following circumstances:
(1) The voluntary enlistment and service of the person in
any of the regular components of the armed forces for a period
of at least two years. The period of basic military training
and education actually served by the person shall be counted
toward the term of enlistment.
(2) The admission and service of the person as a cadet or
midshipman at the United States Military Academy, the United
States Naval Academy, the United States Air Force Academy, the
Coast Guard Academy, the United States Merchant Marine Academy.
(3) The enrollment and service of the person in an officer
candidate program, if the person has signed an agreement to
accept a Reserve commission in the appropriate service if such
a commission is offered upon completion of the program.
(4) Such other grounds as the Secretary concerned may
establish.
(f) Treatment of Basic Military Training and Education.--For
purposes of computing the years of service of a member of the armed
forces, any period during which the member received basic military
training and education shall be counted.
SEC. 5. EDUCATIONAL SERVICES AND PRORATED MONTGOMERY GI BILL BENEFITS.
(a) Instruction as Part of Military Training.--As part of the basic
military training and education provided under this Act, the Secretary
concerned shall include instruction in physical fitness, international
relations, military tactics, homeland security, United States and world
history, vocational training, and such other topics as the Secretary
considers appropriate.
(b) Montgomery GI Bill Benefits.--Upon the successful completion by
a person of basic military training and education as a member of one of
the armed forces, the person shall be entitled to the program of
educational assistance provided under chapter 30 of title 38, United
States Code, on a prorated basis corresponding to the period of basic
military training and education completed by the person.
SEC. 6. ROLE OF SELECTIVE SERVICE SYSTEM.
(a) In General.--The Selective Service System shall administer all
matters in connection with the induction of persons subject to the
obligation to receive basic military training and education under
section 3(a) and the registration, examination, classification,
allocation, delivery, and maintenance of records, of such persons.
(b) Local Boards.--Under rules and regulations promulgated by the
Director, the local boards shall have the power within their respective
jurisdictions to hear and determine, subject to the right of appeal to
appeal boards authorized by the Military Selective Service Act, all
questions or claims with respect to determinations of dependency,
inclusion for, or exemption or deferment from induction or allocation
for basic military training and education under this Act.
SEC. 7. INDUCTION OF CONSCRIPTS AND ACCEPTANCE OF VOLUNTEERS.
(a) In General.--Every person subject to induction for basic
military training and education under section 3(a), except those whose
training is deferred or postponed in accordance with this Act, shall be
called, inducted, and delivered by his local board to the armed forces
for such training at the time and place specified by the Director.
(b) Age Limits.--No person may be inducted for basic military
training and education under section 3(a), or accepted as a volunteer
under section 3(b), who is not between the ages of 18 and 22.
(c) Schedules for Induction and Acceptance of Volunteers.--Each
Secretary concerned, in consultation with the Director, shall determine
schedules to be used for the induction of persons and the acceptance of
volunteers under this Act and the number of persons to be inducted or
accepted pursuant to such schedules. The Secretary concerned may phase
in, over not longer than a 10-year period, the induction of persons
subject to the obligation to receive basic military training and
education.
(d) Voluntary Induction.--A person subject to basic military
training and education under section 3(a) may volunteer for induction
at a time other than the time at which the person is otherwise called
for induction.
(e) Examination; Classification.--Every person subject to basic
military training and education under section 3(a) and every person
volunteering for basic military training and education under section
3(b) shall, before induction or acceptance, be physically and mentally
examined, and the appropriate local board shall classify the person.
SEC. 8. DEFERMENTS AND POSTPONEMENTS.
(a) High School Students.--A person who is pursuing a standard
course of study, on a full-time basis in a high school or a similar
institution of learning shall be entitled to have his induction under
section 3(a) postponed until he obtains a high school diploma, ceases
to pursue satisfactorily such course of study, or attains the age of
20, whichever occurs first.
(b) Hardship and Disability.--Deferments from basic military
training and education may be made for extreme hardship or physical or
mental disability.
(c) Training Capacity.--The Secretary concerned may postpone or
suspend the induction of persons or the acceptance of volunteers under
this Act as necessary to limit the number of persons receiving basic
military training and education to the maximum number that can be
adequately trained.
(d) Termination.--No deferment or postponement of induction for
basic military training and education under this Act shall continue
after the cause of such deferment or postponement ceases to exist.
SEC. 9. EXEMPTIONS.
(a) Accepted by Armed Forces.-- No person may be inducted or
accepted as a volunteer for basic military training and education
unless the person is acceptable to the Secretary concerned for
training. The same health and physical qualifications applicable under
section 505 of title 10, United States Code, to persons seeking
original enlistment in a regular component of the armed forces shall
apply to persons to be inducted or accepted under this Act.
(b) Other Military Service.--No person shall be liable for
induction under section 3(a) who--
(1) is serving, or has served honorably for at least six
months, in any of the armed forces on active duty; or
(2) is or becomes a cadet or midshipman at the United
States Military Academy, the United States Naval Academy, the
United States Air Force Academy, the Coast Guard Academy, the
United States Merchant Marine Academy, a midshipman of a Navy
accredited State maritime academy, a member of the Senior
Reserve Officers' Training Corps, or the naval aviation college
program, so long as he satisfactorily continues in and
completes two years training therein.
SEC. 10. MILITARY TRAINING IN BRANCH OF MEMBER'S CHOICE; CONSCIENTIOUS
OBJECTION.
(a) Selection by Member.--Subject to such limitations and standards
of qualification and selection as may be established by the Secretary
concerned to ensure a proper balance of trained manpower between the
ground, air, and naval arms, each person inducted or accepted as a
volunteer under this Act shall be entitled to request and receive
training in the service of the person's choice.
(b) Conscientious Objectors.--(1) Any person who claims, because of
religious training and belief (as defined in section 6(j) of the
Military Selective Service Act (50 U.S.C. 456(j))), exemption from
combatant training included as part of the program of basic military
training and education and whose claim is sustained by the local board
shall, when inducted, participate in basic military training and
education that does not include any combatant training component. The
person may be transferred to a national service program, as provided in
section 4(d).
(2) A person claiming exemption from combatant training under this
subsection shall, if such claim is not sustained by the local board, be
entitled to an appeal to the appropriate appeal board established under
the Military Selective Service Act. Each person whose claim for
exemption from combatant training because of religious training and
belief is sustained shall be listed by the local board on a register of
conscientious objectors.
SEC. 11. PAY AND ALLOWANCES.
A person inducted or accepted as a volunteer under this Act and
receiving basic military training and education shall be considered to
be on active duty for purposes of pay and allowances under title 37,
United States Code, except that the monthly basic pay of the person may
not exceed 35 percent of the basic pay of an enlisted member in a
regular component in the pay grade E-1 with less than four months of
service.
SEC. 12. DISCHARGE FOLLOWING TRAINING.
Upon completion or termination of the obligation to receive basic
military training and education, a person shall be discharged from the
armed forces and shall not be subject to any further training or
service under this Act. Nothing in this section shall limit or prohibit
the call to active service in the armed forces of any person who is a
member of a regular or reserve component of the armed forces.
SEC. 13. RELATION TO AUTHORIZED END STRENGTHS FOR ACTIVE FORCES.
The authorized end strengths for active duty personnel of the armed
forces do not include persons inducted or accepted into the armed
forces to receive basic military training and education.
SEC. 14. CONFORMING AMENDMENTS.
(a) Title 10.--(1) Section 505(c) of title 10, United States Code,
is amended--
(A) by inserting ``(1)'' after ``(c)''; and
(B) by adding at the end the following new paragraph:
``(2) Paragraph (1) does not apply to a person inducted or accepted
into the armed forces to receive basic military training and education
pursuant to the Universal Military Training and Service Act of 2001.''.
(2) Section 691 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(g) The numbers specified in subsection (b) do not include
persons inducted or accepted into the armed forces to receive basic
military training and education pursuant to the Universal Military
Training and Service Act of 2001.''.
(b) Military Selective Service Act.--(1) Section 4 of the Military
Selective Service Act (50 U.S.C. App. 454) is amended by inserting
after subsection (g) the following new subsection:
``(h) Relation to Other Induction Authority.--This section does not
apply with respect to the induction of persons into the Armed Forces to
receive basic military training and education pursuant to the Universal
Military Training and Service Act of 2001.''.
(2) Section 17(c) of the Military Selective Service Act (50 U.S.C.
App. 467(c)) is amended by striking ``now or hereafter'' and all that
follows through the period at the end and inserting ``inducted pursuant
to the Universal Military Training and Service Act of 2001.''.
SEC. 15. TRANSITIONAL PROVISION.
A person who has obtained a high school diploma or its equivalent
before January 1, 2003, shall not be subject to the obligation under
section 3(a) to receive basic military training and education under
this Act. | Universal Military Training and Service Act of 2001 - Makes it the obligation of male citizens and residents between 18 and 22 to receive basic military training and education as a member of the armed forces unless otherwise exempt under this Act. Permits female citizens and residents between such ages to volunteer for enlistment in the armed forces, with acceptance at the discretion of the Secretary of the military department concerned. Limits the period of training to between six months and a year. Permits transfers after basic training of such conscripts/volunteers to national and community service programs to finish the term of service. Provides educational services and Montgomery GI benefits to persons upon completion of their national service.Uses the existing Selective Service System and local boards for induction. Sets forth criteria for deferments, postponements, and exemptions, including high school, hardship, disability, and health.Entitles inductees to request a particular service branch. Excludes conscientious objectors from combatant training, but otherwise requires them to take basic training before a permitted transfer to a national service program. | {"src": "billsum_train", "title": "To require the induction into the Armed Forces of young men registered under the Military Selective Service Act, and to authorize young women to volunteer, to receive basic military training and education for a period of up to one year."} | 3,705 | 245 | 0.571377 | 1.617312 | 0.749372 | 2.891753 | 17.365979 | 0.860825 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foodborne Illness Reduction Act of
2011''.
SEC. 2. CONSUMER RECALL NOTIFICATION.
Subtitle A of the Agricultural Marketing Act of 1946 is amended by
adding after section 208 (7 U.S.C. 1627) the following:
``SEC. 209. CONSUMER RECALL NOTIFICATION.
``(a) Definitions.--In this section:
``(1) Class i recall.--The term `Class I recall' means a
food recall classification defined by the Secretary that covers
a health-hazard situation in which there is a reasonable
probability that the use of the food or food product being
recalled will cause a serious, adverse health consequence or
death.
``(2) Food or food product.--The term `food or food
product' means--
``(A) a meat or a meat food product (within the
meaning of the Federal Meat Inspection Act (21 U.S.C.
601 et seq.));
``(B) an egg or egg product (as defined in section
4 of the Egg Products Inspection Act (21 U.S.C. 1033));
or
``(C) a poultry or poultry product (as defined in
section 4 of the Poultry Products Inspection Act (21
U.S.C. 453)).
``(3) Retail establishment.--The term `retail
establishment' means a grocery store or other retail
establishment that sells food and food products directly to
consumers.
``(4) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(5) Summary notice.--The term `summary notice' means the
1-page summary notice described in subsection (b).
``(b) Distribution of Information.--In the case of any Class I
recall, the Secretary shall, to the maximum extent practicable,
distribute to each retail establishment in the United States a 1-page
summary notice containing product information of each food or food
product subject to the Class I recall.
``(c) Distribution of Information.--The Secretary shall require
each retail establishment that receives a summary notice--
``(1) to post a copy of the summary notice at each cash
register of the retail establishment;
``(2) to post a copy of the summary notice on the shelving
unit on which the food or food product was sold; or
``(3) in the case of a retail establishment that uses a
customer card system to track customer purchases or
demographics--
``(A) to place a call to each customer that
purchased a recalled food or food product to inform the
customer of the Class I recall; or
``(B) to make available to each customer that
purchased a recalled food or food product with a
targeted coupon with information about the recalled
food or food product.
``(d) Assistance.--In cooperation with the Director of the Centers
for Disease Control and Prevention and the Centers of Excellence of the
Food and Drug Administration, the Secretary shall provide assistance to
regional, State, and local agencies to assist in carrying out this
section through activities such as providing resources, including
timely information concerning symptoms and tests, for frontline health
professionals interviewing individuals as part of routine surveillance
and outbreak investigations.''.
SEC. 3. POULTRY AND POULTRY PRODUCTS.
Section 4(g) of the Poultry Products Inspection Act (21 U.S.C.
453(g)) is amended--
(1) in paragraph (7), by striking ``or'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(10) if it is contaminated with Salmonella; or
``(11) if it is contaminated with Campylobacter.''.
SEC. 4. MEAT AND MEAT PRODUCTS.
(a) Definition of Adulterated.--Section 1(m) of the Federal Meat
Inspection Act (21 U.S.C. 601(m)) is amended--
(1) in paragraph (8), by striking ``or'' at the end;
(2) in paragraph (9), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(10) if it is contaminated with Salmonella;
``(11) if it is contaminated with Toxoplasma gondii; or
``(12) if it is contaminated with enterohemorrhagic (EHEC)
Shiga toxin-producing serotypes of Escherichia coli (E.
coli).''.
(b) E. Coli Reduction in Ground Beef.--Title I of the Federal Meat
Inspection Act (21 U.S.C. 601 et seq.) is amended by adding at the end
the following:
``SEC. 26. E. COLI REDUCTION IN GROUND BEEF.
``(a) In General.--Not later than 180 days after the date of
enactment of this section, the Secretary shall require that
slaughterhouses, processing establishments, and grinding facilities
described in subsection (b) test for the presence of E. coli at the
following points:
``(1) At least 1 test at the slaughterhouse or processing
establishment at which source trim was produced and at least 1
test of the source trim or bench trim at the receiving facility
prior to combining with other lots from different sources.
``(2) If the source trim and grinding occurs at the same
facility, at least 1 test of the source trim and at least 1
test of the final ground product.
``(b) Application.--This section applies--
``(1) effective beginning on the date that is 180 days
after the date of enactment of this section, to--
``(A) all slaughterhouses or processing
establishments that produce more than 25,000 pounds of
trim per day; or
``(B) grinding facilities that grind more than
25,000 pounds of trim or bench trim per day; and
``(2) effective beginning on the date that is 3 years after
the date of enactment of this section, to all slaughterhouses,
processing establishments, and grinding facilities that produce
or grind trim or bench trim.
``(c) Administration.--To carry out this section, the Secretary
shall--
``(1) approve definitions of lot sizes established by
establishments, except that an establishment--
``(A) shall demonstrate to the satisfaction of the
Secretary scientific justification for the definition
of lot size proposed by the establishment; and
``(B) shall not define a lot as more than 2,000
pounds;
``(2) establish testing standards;
``(3) assist processors in establishing appropriate
sampling plans for establishments through guidance documents;
and
``(4) in the case of a positive sample that indicates the
presence of E. coli in a lot of an establishment--
``(A) verify that meat or meat food products
contaminated with the E. coli, and the entire lot that
is represented by the sample, are disposed of or
treated to eradicate the E. coli (in accordance with
guidelines of the Secretary) before entry into
commerce; and
``(B) promulgate regulations that require that the
slaughterhouse or processing establishment takes
corrective action and establishes measures to prevent
reoccurrence.
``(d) Testing.--
``(1) In general.--A slaughterhouse or processing
establishment producing, or a grinding facility receiving,
trimmings shall test each lot using sampling standards and
procedures determined by the Secretary.
``(2) Testing facilities.--
``(A) In general.--An establishment shall use an
independent testing facility that uses methods that are
at least equivalent in specificity and sensitivity to
the methods used by the Secretary to test beef
trimmings.
``(B) Administration.--In using an independent
testing facility under subparagraph (A), the
establishment--
``(i) shall contract with the facility on
an annual basis; and
``(ii) shall not terminate the contract on
the basis of positive test results reported by
the facility.
``(3) Proficiency testing service.--A laboratory that tests
beef for E. coli shall contract with a testing service to
verify the proficiency of the laboratory.
``(4) Transmission of testing results.--
``(A) In general.--Test results of any testing
conducted under this subsection shall be sent to the
applicable slaughterhouse, processing establishment, or
grinding facility as soon as results are ready.
``(B) Transmission to secretary.--The
slaughterhouse, processing establishment, or grinding
facility shall report any positive or presumptive
positive results directly to the Secretary through
electronic means not later than 24 hours after receipt
of results from a testing facility.
``(5) Habitual violators.--A slaughterhouse or processing
establishment that produces or distributes trim that receives
positive results that exceed the maximum allowable percentage
of positive results for 3 consecutive days, as determined by
the Secretary, or more than 10 instances per year shall be
listed on the public website of the Secretary as a habitual
violator.
``(6) Compliance.--The Secretary shall take necessary
regulatory action with respect to an establishment that fails
to test, notify the Secretary of positive results, or otherwise
comply with this subsection.
``(e) Imported Ground Beef.--
``(1) In general.--Any trim, bench trim, and ground beef
originating from outside the United States shall be subject to
the same requirements as apply to domestic trim, bench trim,
and ground beef under this section.
``(2) Verification.--
``(A) In general.--To be eligible for importation
into the United States, a foreign facility shall
provide a certification of compliance with paragraph
(1) to a domestic slaughterhouse, processing
establishment, or grinding facility.
``(B) Secondary testing.--The domestic
slaughterhouse, processing establishment, or grinding
facility shall verify the results of the certification
by conducting secondary testing of the trim, bench
trim, or ground beef before processing into a final
ground beef product.
``(f) Food Safety and Inspection Service Programs.--
``(1) Sampling program.--
``(A) In general.--The Secretary, acting through
the Administrator of the Food Safety and Inspection
Service, (referred to in this subsection as the
`Secretary') shall develop a specific plan to redesign
the E. coli sampling and verification programs of the
Food Safety and Inspection Service, including by--
``(i) prioritizing and carrying out
necessary baseline studies of beef trim and
ground beef to determine the estimated
prevalence rate of E. coli;
``(ii) reevaluating sample parameters in
order to provide higher confidence in the
programs;
``(iii) improving verification of sanitary
dressing at establishments; and
``(iv) revising traceback methodology and
information management.
``(B) Notice and comment.--Prior to finalizing the
plan developed under subparagraph (A), the Secretary
shall make available the plan for public notice and
comment.
``(2) Hazard analysis verification.--The Secretary shall
implement a hazard analysis verification inspection procedure
to identify issues of concern in the design of the food safety
systems of establishments.''. | Foodborne Illness Reduction Act of 2011 - Amends the Agricultural Marketing Act of 1946 to direct the Secretary of Agriculture (USDA), In the case of any Class I recall, to distribute to each retail grocery or other establishment that sells food directly to customers in the United States a summary notice containing product information about each food or food product subject to such recall.
Defines "Class I recall' as a food recall classification that covers a health-hazard situation in which there is a reasonable probability that the use of the food or food product being recalled will cause a serious, adverse health consequence or death.
Amends the Poultry Products Inspection Act to consider a poultry product adulterated if it is contaminated with Salmonella or Campylobacter.
Amends the the Federal Meat Inspection Act to consider any carcass, part thereof, meat, or meat food product adulterated if it is contaminated with Salmonella, Toxoplasma gondii, or enterohemorrhagic (EHEC) Shiga toxin-producing serotypes of Escherichia coli (E. coli)
Requires that specified slaughterhouses, processing establishments, and grinding facilities perform specified tests for the presence of E. coli in ground beef.
Subjects imported trim, bench trim, and ground beef to the same testing requirements as domestic trim, bench trim, and ground beef. Requires domestic facilities to conduct secondary testing of such meat before processing into a final ground beef product.
Requires the Secretary, through the Food Safety and Inspection Service (FSIS), to redesign FSIS E. coli sampling and verification programs. | {"src": "billsum_train", "title": "A bill to require the Secretary of Agriculture to provide retail establishments with information describing recalled meat, poultry, eggs, and related food products, to require the retail establishment to communicate the recall information to consumers, to require the Food Safety Inspection Service of the Department of Agriculture to protect against certain foodborne illnesses, and for other purposes."} | 2,510 | 372 | 0.584651 | 1.704854 | 0.779289 | 4.454545 | 8.038462 | 0.916084 |
SECTION 1. CREDIT FOR CERTAIN ENERGY-EFFICIENT PROPERTY.
(a) Business Property.--
(1) In general.--Subparagraph (A) of section 48(a)(3) of
the Internal Revenue Code of 1986 (defining energy property) is
amended by striking ``or'' at the end of clause (i), by adding
``or'' at the end of clause (ii), and by inserting after clause
(ii) the following new clause:
``(iii) energy-efficient building
property,''.
(2) Energy-Efficient Building Property.--Subsection (a) of
section 48 of such Code is amended by redesignating paragraphs
(4) and (5) as paragraphs (5) and (6), respectively, and by
inserting after paragraph (3) the following new paragraph:
``(4) Energy-efficient building property.--For purposes of
this subsection--
``(A) In general.--The term `energy-efficient
building property' means a fuel cell power plant that--
``(i) generates electricity using an
electrochemical process,
``(ii) has an electricity-only generation
efficiency greater than 30 percent, and
``(iii) has a minimum generating capacity
of 5 kilowatts.
``(B) Limitation.--In the case of energy-efficient
building property placed in service during the taxable
year, the credit under subsection (a) for such year may
not exceed $500 for each kilowatt of capacity.
``(C) Fuel cell power plant.--The term `fuel cell
power plant' means an integrated system comprised of a
fuel cell stack assembly, a fuel processing unit, and
associated balance of plant components that converts a
fuel into electricity using electrochemical means.
``(D) Termination.--Such term shall not include any
property placed in service after December 31, 2005.''
(3) Effective date.--The amendments made by this subsection
shall apply to property placed in service after December 31,
2000, under rules similar to the rules of section 48(m) of the
Internal Revenue Code of 1986 (as in effect on the day before
the date of the enactment of the Revenue Reconciliation Act of
1990).
(b) Nonbusiness Property.--
(1) In general.--Subpart A of part IV of subchapter A of
chapter 1 of such Code (relating to nonrefundable personal
credits) is amended by inserting after section 25A the
following new section:
``SEC. 25B. NONBUSINESS ENERGY-EFFICIENT BUILDING PROPERTY.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this chapter for the
taxable year an amount equal to the nonbusiness energy-efficient
building property expenditures which are paid or incurred during such
year.
``(b) Nonbusiness Energy-Efficient Building Property
Expenditures.--For purposes of this section--
``(1) In general.--The term `nonbusiness energy-efficient
building property expenditures' means expenditures made by the
taxpayer for nonbusiness energy-efficient building property
installed on or in connection with a dwelling unit--
``(A) which is located in the United States, and
``(B) which is used by the taxpayer as a residence.
Such term includes expenditures for labor costs properly
allocable to the onsite preparation, assembly, or original
installation of the property.
``(2) Nonbusiness energy-efficient building property.--The
term `nonbusiness energy-efficient building property' means
energy-efficient building property (as defined in section
48(a)(4)) if--
``(A) the original use of such property commences
with the taxpayer, and
``(B) such property meets the standards (if any)
applicable to such property under section 48(a)(3).
``(c) Special Rules.--
``(1) Tenant-stockholder in cooperative housing
corporation.--In the case of an individual who is a tenant-
stockholder (as defined in section 216) in a cooperative
housing corporation (as defined in such section), such
individual shall be treated as having made his tenant-
stockholder's proportionate share (as defined in section
216(b)(3)) of any expenditures of such corporation.
``(2) Condominiums.--
``(A) In general.--In the case of an individual who
is a member of a condominium management association
with respect to a condominium which he owns, such
individual shall be treated as having made his
proportionate share of any expenditures of such
association.
``(B) Condominium management association.--For
purposes of this paragraph, the term `condominium
management association' means an organization which
meets the requirements of paragraph (1) of section
528(c) (other than subparagraph (E) thereof) with
respect to a condominium project substantially all of
the units of which are used as residences.
``(3) Allocation in certain cases.--If less than 80 percent
of the use of an item is for nonbusiness purposes, only that
portion of the expenditures for such item which is properly
allocable to use for nonbusiness purposes shall be taken into
account.
``(4) When expenditure made; amount of expenditure.--
``(A) In general.--Except as provided in
subparagraph (B), an expenditure with respect to an
item shall be treated as made when the original
installation of the item is completed.
``(B) Expenditures part of building construction.--
In the case of an expenditure in connection with the
construction or reconstruction of a structure, such
expenditure shall be treated as made when the original
use of the constructed or reconstructed structure by
the taxpayer begins.
``(C) Amount.--The amount of any expenditure shall
be the cost thereof.
``(5) Property financed by subsidized energy financing.--
For purposes of determining the amount of nonbusiness energy-
efficient building property expenditures made by any individual
with respect to any dwelling unit, there shall not be taken in
to account expenditures which are made from subsidized energy
financing (as defined in section 48(a)(4)(A)).
``(d) Basis Adjustments.--For purposes of this subtitle, if a
credit is allowed under this section for any expenditure with respect
to any property, the increase in the basis of such property which would
(but for this subsection) result from such expenditure shall be reduced
by the amount of the credit so allowed.
``(e) Termination.--This section shall not apply to any expenditure
made after December 31, 2005.''
(2) Conforming Amendments.--
(A) Subsection (a) of section 1016 of such Code is
amended by striking ``and'' at the end of paragraph
(26), by striking the period at the end of paragraph
(27) and inserting ``; and'', and by adding at the end
the following new paragraph:
``(28) to the extent provided in section 25B(d), in the
case of amounts with respect to which a credit has been allowed
under section 25B.''.
(B) The table of sections for subpart A of part IV
of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25A the
following new item:
``Sec. 25B. Nonbusiness energy-efficient
building property.''.
(3) Effective date.--The amendments made by this subsection
shall apply to expenditures made after December 31, 2000. | Allows, through December 31, 2005, a credit to an individual for nonbusiness energy-efficient building property expenditures. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a credit against income tax for certain energy-efficient property."} | 1,684 | 26 | 0.517873 | 1.251602 | 0.1819 | 3.545455 | 68.454545 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Labor Deterrence Act of
1993''.
SEC. 2. FINDINGS, PURPOSE, AND POLICY.
(a) Findings.--The Congress finds the following:
(1) Principle 9 of the Declaration of the Rights of the
Child proclaimed by the General Assembly of the United Nations
on November 20, 1959, states that ``. . . the child shall not
be admitted to employment before an appropriate minimum age; he
shall in no case be caused or permitted to engage in any
occupation or employment which would prejudice his health or
education, or interfere with his physical, mental or moral
development . . .''.
(2) Article 2 of the International Labor Convention No. 138
Concerning Minimum Age For Admission to Employment states that,
``The minimum age specified in pursuance of paragraph 1 of this
article shall not be less than the age of compulsory schooling
and, in any case, shall not be less than 15 years.''.
(3) According to the International Labor Organization,
worldwide an estimated 200,000,000 children under age 15 are
working, many of them in dangerous industries like mining and
fireworks.
(4) Children under the age 15 constitute approximately 11
percent of the workforce in some Asian countries, 17 percent in
parts of Africa, and a reported 12-26 percent in many countries
in Latin America.
(5) The number of children under age 15 who are working,
and the scale of their suffering, increase every year, despite
the existence of more than 20 International Labor Organization
conventions on child labor and laws in many countries which
purportedly prohibit the employment of under age children
(6) In many countries, children under the age 15 lack
either the legal standing or means to protect themselves from
exploitation in the workplace.
(7) The employment of children under the age of 15 commonly
deprives the children of the opportunity for basic education
and also denies gainful employment to millions of adults.
(8) The employment of children under the age of 15, often
at pitifully low wages, undermines the stability of families
and ignores the importance of increasing jobs, aggregated
demand, and purchasing power among adults as a catalyst to the
development of internal markets and the achievement of broad-
based, self-reliant economic development in many developing
countries.
(9) Adult workers in the United States and other developed
countries should not have their jobs imperiled by imports
produced by child labor in developing countries.
(b) Purpose.--The purpose of this Act is to curtail the employment
of children under age 15 in the production of goods for export by--
(1) eliminating the role of the United States in providing
a market for foreign products made by underage children; and
(2) encouraging other nations to join in a ban on trade in
such products.
SEC. 3. UNITED STATES INITIATIVE TO CURTAIL INTERNATIONAL TRADE IN
PRODUCTS OF CHILD LABOR.
In pursuit of the policy set forth in this Act, the President is
urged to seek an agreement with governments that conduct trade with the
United States for the purpose of securing an international ban on trade
in the products of child labor.
SEC. 4. IDENTIFICATION OF FOREIGN INDUSTRIES AND THEIR RESPECTIVE HOST
COUNTRIES THAT UTILIZE CHILD LABOR IN EXPORT OF GOODS.
(a) Identification of Industries and Host Countries.--The Secretary
of Labor (hereafter in this section referred to as the ``Secretary'')
shall undertake periodic reviews using all available information,
including information made available by the International Labor
Organization and human rights organizations (the first such review to
be undertaken not later than 180 days after the date of the enactment
of the Act), to identify any foreign industry and its host country
that--
(1) utilize child labor in the export of products; and
(2) has on a continuing basis exported products of child
labor to the United States.
(b) Petitions Requesting Identification.--
(1) Filing.--Any person may file a petition with the
Secretary requesting that a particular foreign industry and its
host country be identified under subsection (a). The petition
must set forth the allegations in support of the request.
(2) Action on receipt of petition.--Not later than 90 days
after receiving a petition under paragraph (1), the Secretary
shall--
(A) decide whether or not the allegations in the
petition warrant further action by the Secretary in
regard to the foreign industry and its host country
under subsection (a); and
(B) notify the petitioner of the decision under
subparagraph (A) and the facts and reasons supporting
the decision.
(c) Consultation and Comment.--Prior to identifying a foreign
industry and its host country under subsection (a), the Secretary
shall--
(1) consult with the United States Trade Representative,
the Secretary of State, the Secretary of Commerce and the
Secretary of the Treasury regarding such action;
(2) publish notice in the Federal Register that such an
identification is being considered and inviting the submission
within a reasonable time of written comment from the public;
and
(3) take into account the information obtained under
paragraphs (1) and (2).
(d) Revocation of Identification.--
(1) In general.--Subject to paragraph (2), the Secretary
may revoke the identification of any foreign industry and its
host country under subsection (a) if information available to
the Secretary indicates that such action is appropriate.
(2) Report of secretary.--No revocation under paragraph (1)
may take effect earlier than the 60th day after the date on
which the Secretary submits to the Congress a written report--
(A) stating that in the opinion of the Secretary
the foreign industry and host country concerned does
not utilize child labor in the export of products; and
(B) stating the facts on which such opinion is
based and any other reason why the Secretary considers
the revocation appropriate.
(3) Procedure.--No revocation under paragraph (1) may take
effect unless the Secretary--
(A) publishes notice in the Federal Register that
such a revocation is under consideration and inviting
the submission within a reasonable time of written
comment from the public on the revocation; and
(B) takes into account the information received
under subparagraph (A) before preparing the report
required under paragraph (2).
(e) Publication.--The Secretary shall--
(1) promptly publish in the Federal Register--
(A) the name of each foreign industry and its host
country identified under subsection (a);
(B) the text of the decision made under subsection
(b)(2)(A) and a statement of the facts and reasons
supporting the decision; and
(C) the name of each foreign industry and its host
country with respect to which an identification has
been revoked under subsection (d); and
(2) maintain in the Federal Register a current list of all
foreign industries and their respective host countries
identified under subsection (a).
SEC. 5. PROHIBITION ON ENTRY.
(a) Prohibition.--
(1) In general.--Except as provided in paragraph (2),
during the effective identification period for a foreign
industry and its host country, the Secretary may not permit the
entry of any manufactured article that is a product of that
foreign industry.
(2) Exception.--Paragraph (1) shall not apply to the entry
of a manufactured article--
(A) for which a certification that meets the
requirements of subsection (b) is provided;
(B) that is entered under any subheading in
subchapter IV or VI of chapter 98 (relating to personal
exemptions) of the Harmonized Tariff Schedule of the
United States; or
(C) that was exported from the foreign industry and
its host country and was en route to the United States
before the first day of the effective identification
period for such industry and its host country.
(b) Certification That Article Is Not a Product of Child Labor.--
(1) Form and content.--The Secretary shall prescribe the
form and content of documentation, for submission in connection
with the entry of a manufactured article, that satisfies the
Secretary that the importer of the article has undertaken
reasonable steps to ensure, to the extent practicable, that the
article is not a product of child labor.
(2) Written evidence.--The documentation required by the
Secretary under paragraph (1) shall include written evidence
that the agreement setting forth the terms and conditions of
the acquisition or provision of the imported article includes
the condition that the article not be a product of child labor.
SEC. 6. PENALTIES.
(a) Unlawful Acts.--It is unlawful--
(1) during the effective identification period applicable
to a foreign industry and its host country, to attempt to enter
any manufactured article that is a product of that industry if
the entry is prohibited under section 5(a)(1); or
(2) to violate any regulation prescribed under section 7.
(b) Civil Penalty.--Any person who commits any unlawful act set
forth in subsection (a) is liable for a civil penalty of not to exceed
$25,000.
(c) Criminal Penalty.--In addition to being liable for a civil
penalty under subsection (b), any person who intentionally commits any
unlawful act set forth in subsection (a) is, upon conviction, liable
for a fine of not less than $10,000 and not more than $35,000, or
imprisonment for 1 year, or both.
(d) Construction.--The violations set forth in subsection (a) shall
be treated as violations of the customs laws for purposes of applying
the enforcement provisions of the Tariff Act of 1930, including--
(1) the search, seizure and forfeiture provisions;
(2) section 592 (relating to penalties for entry by fraud,
gross negligence, or negligence); and
(3) section 619 (relating to compensation to informers).
SEC. 7. REGULATIONS.
The Secretary shall prescribe regulations that are necessary or
appropriate to carry out this Act.
SEC. 8. DEFINITIONS.
For the purposes of this Act:
(1) Manufactured article.--A manufactured article shall be
treated as being a product of child labor if the article--
(A) was fabricated, assembled, or processed, in
whole or part;
(B) contains any part that was fabricated,
assembled, or processed, in whole or in part; or
(C) was mined, quarried, pumped, or otherwise
extracted, by one or more children who engaged in the
fabrication, assembly, processing, or extraction--
(i) in exchange for remuneration
(regardless to whom paid), subsistence, goods
or services, or any combination of the
foregoing;
(ii) under circumstances tantamount to
involuntary servitude; or
(iii) under exposure to toxic substances or
working conditions otherwise posing serious
health hazards.
(2) Child.--The term ``child'' means an individual who has
not attained the age of 15.
(3) Effective identification period.--The term ``effective
identification period'' means, with respect to a foreign
industry or country, the period that--
(A) begins on the date of that issue of the Federal
Register in which the identification of the foreign
industry or country is published under section
4(e)(1)(A); and
(B) terminates on the date of that issue on the
Federal Register in which the revocation of the
identification referred to in subparagraph (A) is
published under section 4(e)(1)(B).
(4) Entered.--The term ``entered'' means entered, or
withdrawn from warehouse for consumption, in the customs
territory of the United States.
(5) Foreign industry.--The term ``foreign industry''
includes any entity that produces a manufactured article in any
possession or territory of a foreign country.
(6) Host country.--The term ``host country'' means any
possession or territory of a foreign country that is
administered separately for customs purposes and on which a
foreign industry produces a manufactured article.
(7) Manufactured article.--The term ``manufactured
article'' means any good that is fabricated, assembled, or
processed. The term also includes any mineral resources
(including any mineral fuel) that is entered in a crude state.
Any mineral resource that at entry has been subjected to only
washing, crushing, grinding, powdering, levigation, sifting,
screening, or concentration by flotation, magnetic separation,
or other mechanical or physical processes shall be treated as
having been processed for the purposes of this Act.
(8) Secretary.--The term ``Secretary'', except for purposes
of section 4, means the Secretary of the Treasury. | Child Labor Deterrence Act of 1993 - Urges the President to seek an agreement with governments that trade with the United States to secure an international ban on trade in products of child labor.
Requires the Secretary of Labor (Secretary) to identify foreign countries that: (1) utilize child labor in the export of products; and (2) have on a continuing basis exported such products to the United States.
Authorizes any person to file a petition with the Secretary requesting that a particular foreign industry and its host country be identified. Requires the Secretary, before making such identification, to: (1) consult with the U.S. Trade Representative, the Secretary of State, the Secretary of Commerce, and the Secretary of the Treasury; and (2) publish notice in the Federal Register that such identification is being considered and invite public comment.
Prohibits the importation of products which have been produced by child labor. Sets forth civil and criminal penalties. | {"src": "billsum_train", "title": "Child Labor Deterrence Act of 1993"} | 2,747 | 201 | 0.456744 | 1.399872 | 0.695939 | 4.748663 | 13.893048 | 0.919786 |
SECTION 1. SHORT TITLE; REFERENCE.
(a) Short Title.--This Act may be cited as the ``Miscellaneous
Tariff Act of 1993''.
(b) Reference.--Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms of an amendment
to, or repeal of, a chapter, subchapter, note, additional U.S. note,
heading,
subheading, or other provision, the reference shall be considered to be
made to a chapter, subchapter, note, additional U.S. note, heading,
subheading, or other provision of the Harmonized Tariff Schedule of the
United States.
SEC. 2. 2-NITROBENZENESULFONYL CHLORIDE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.31.12 2-Nitrobenzene-sulfonyl chloride (CAS No. 1694-92-4) No change No change On or before 12/
(provided for in subheading 2904.90.45)................. Free 31/95 ''
SEC. 3. BETA NAPHTHOL.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.31.13 Beta Naphthol (CAS No. 135-19-3) (provided for in No change No change On or before 12/
subheading 2907.15.50).................................. Free 31/95 ''
SEC. 4. NEVILLE AND WINTER ACID.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new headings:
`` 9902.31.14 4-Hydroxy-1-naphthalenesul-fonic acid, monopotassium salt No change No change On or before 12/
(CAS No. 37860-62-1) (provided for in subheading 31/95
2908.20.20)............................................. Free
9902.31.15 2-Naphthol-3,6-disulfonic acid, disodium salt (CAS Nos. No change No change On or before 12/
148-75-4 and 135-51-3) (provided for in subheading 31/95 ''
2908.20.10)............................................. Free .
SEC. 5. ORTHANILIC ACID.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.31.16 o-Aminobenzene-sulfonic acid (Orthanilic acid) (CAS No. No change No change On or before 12/
88-21-1) (provided for in subheading 2921.42.20)........ Free 31/95 ''
SEC. 6. 2,5-DICHLOROANILINE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.31.17 2,5-Dichloroaniline (CAS No. 95-82-9) (provided for in No change No change On or before 12/
subheading 2921.42.20).................................. Free 31/95 ''
SEC. 7. 2,5-DICHLOROANILINE-4-SULFONIC ACID.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.31.18 2,5-Dichloroaniline-4-sulfonic acid, monosodium salt (CAS No change No change On or before 12/
Nos. 88-50-6 and 41295-98-1) (provided for in subheading 31/95 ''
2921.42.50)............................................. Free .
SEC. 8. 2,6-DICHLORO-4-NITROANILINE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.31.19................................................. 2,6-Dichloro-4- No change No change On
nitroaniline or
(CAS No. 99-30- be
0) (provided fo
for in re
subheading 12
2921.42.50) Free /3
1/
95
SEC. 9. J ACID.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.31.22 6-Amino-1-naphthol-3-sulfonic acid (CAS No. 87-02-5) No change No change On or before 12/
(provided for in subheading 2921.21.10)................. Free 31/95 ''
SEC. 10. 2,4-DIMETHOXYANILINE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.31.23 2,4-Dimethoxy-aniline (CAS No. 2735-04-8) (provided for No change No change On or before 12/
in subheading 2922.29.20)............................... Free 31/95 ''
SEC. 11. 4'-AMINO-N-METHYLACETANILIDE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.31.24 4'-Amino-N-methylacet-anilide (CAS No. 119-63-1) No change No change On or before 12/
(provided for in subheading 2924.29.09)................. Free 31/95 ''
SEC. 12. 2-CYANO-4-NITROANILINE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.31.25 2-Cyano-4-nitroaniline (CAS No. 17420-30-3) (provided for No change No change On or before 12/
in subheading 2926.90.10)............................... Free 31/95 ''
SEC. 13. P-AMINOAZOBENZENEDISULFONIC ACID AND ITS SALTS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.31.26 p-Aminoazo-benzenedi-sulfonic acid, monosodium salt (CAS No change No change On or before 12/
No. 101-50-8) (provided for in subheading 2927.00.10), 31/95 ''
and p-aminoazoben-zenedisulfonic acid, disodium salt .
(CAS No. 2706-28-7) (provided for in subheading
2927.00.40)............................................. Free
SEC. 14. P-AMINOAZOBENZENE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.31.27 p-Aminoazo-benzene (CAS No. 00-09-3) (provided for in No change No change On or before 12/
subheading 2927.00.40).................................. Free 31/95 ''
SEC. 15. P-AMINOAZOBENZENE HYDROCHLORIDE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.31.28 p-Aminoazo-benzene hydrochloride (CAS No. 3457-98-5) No change No change On or before 12/
(provided for in subheading 2927.00.50)................. Free 31/95 ''
SEC. 16. 2,2-DINITRODIPHENYL DISULFIDE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.31.29 2,2-Dinitrodiphenyl disulfide (CAS No. 1155-00-6) No change No change On or before 12/
(provided for in subheading 2930.90.20)................. Free 31/95 ''
SEC. 17. 4-CHLORO-3-(3-METHYL-5-OXO-2-PYRAZOLIN-1-YL)-BENZENESULFONIC
ACID.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.31.30 4-Chloro-3-(3-methyl-5-oxo-2-pyrazolin-1-yl)- No change No change On or before 12/
benzenesulfonic acid (CAS No. 88-76-6) (provided for in 31/95 ''
subheading 2933.19.10).................................. Free .
SEC. 18. 1-(P-SULFOPHENYL)-3-METHYL-5-PYRAZOLONE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.31.31 1-(p-Sulfophenyl)-3-methyl-5-pyrazolone (CAS No. 89-36-1) No change No change On or before 12/
(provided for in subheading 2933.19.42)................. Free 31/95 ''
SEC. 19. 2-AMINOTHIAZOLE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.31.32 2-Aminothiazole (CAS No. 96-50-4) (provided for in No change No change On or before 12/
subheading 2934.10.50).................................. Free 31/95 ''
SEC. 20. 2-AMINO-6-NITROBENZOTHIAZOLE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.31.33 2-Amino-6-nitrobenzo-thiazole (CAS No. 6285-57-0) No change No change On or before 12/
(provided for in subheading 2934.20.50)................. Free 31/95 ''
SEC. 21. 2-AMINO-5,6-DICHLOROBENZOTHIAZOLE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.31.34 2-Amino-5,6-dichlorobenzo-thiazole (CAS No. 24072-75-1) No change No change On or before 12/
(provided for in subheading 2934.20.50)................. Free 31/95 ''
SEC. 22. MIXTURES OF (3,4-DIHYDROXYPHENYL)(2,4,6-TRIHYDROXYPHENYL-
METHANONE 2-(2,4-DIHYDROXYPHENYL)-3,5,7-TRIHYDROXY-4H-1-
BENZOPYRAN-4-ONE.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.38.24 Mixtures of (3,4-dihydroxy-phenyl)(2,4,6-trihydroxy- No change No change On or before 12/
phenyl)-methanone (CAS No. 519-34-6) and 2-(2,4- 31/95 ''
dihydroxy-phenyl)-3,5,7-trihydroxy-4H-1-benzopyran-4-one .
(provided for in subheading 3823.90.29)................. Free
SEC. 23. EFFECTIVE DATE.
The amendments made by this Act apply with respect to goods
entered, or withdrawn from warehouse for consumption, on or after the
15th day after the date of the enactment of this Act. | Miscellaneous Tariff Act of 1993 - Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 1995, the duty on certain organic chemicals. | {"src": "billsum_train", "title": "Miscellaneous Tariff Act of 1993"} | 2,698 | 40 | 0.431991 | 1.043748 | -0.155884 | 2.16129 | 63.225806 | 0.677419 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anti-Trafficking Trade Act of
2018''.
SEC. 2. SUSPENSION OF ELIGIBILITY FOR COUNTRIES THAT FAIL TO MEET
MINIMUM STANDARDS FOR THE ELIMINATION OF HUMAN
TRAFFICKING.
Section 502(b) of the Trade Act of 1974 (19 U.S.C. 2462(b)) is
amended by adding at the end the following:
``(3) Countries that fail to meet minimum standards for the
elimination of human trafficking.--
``(A) Tier 3 countries.--
``(i) Suspension of designation.--Not later
than 90 days after the submission to Congress
of an annual report on trafficking in persons,
the President shall, for each country listed as
a tier 3 country in that report that is
designated as a beneficiary developing country
for purposes of this title, suspend that
designation for one year.
``(ii) Prohibition on designation.--During
the 1-year period beginning on the date that is
90 days after the submission to Congress of an
annual report on trafficking in persons, the
President may not designate a country listed as
a tier 3 country in that report as a
beneficiary developing country for purposes of
this title.
``(B) Tier 2 watch list countries.--Not later than
90 days after the submission to Congress of an annual
report on trafficking in persons, the President shall,
for each country listed as a tier 2 watch list country
in that report, notify the government of that country
that a downgrade to the classification of the country
to classification as a tier 3 country in the next
annual report on trafficking in persons will result in
the suspension of the designation of the country as a
beneficiary developing country or the ineligibility of
the country for designation as a beneficiary developing
country, as applicable.
``(C) Waiver.--
``(i) In general.--The President may waive
a requirement of subparagraph (A) with respect
to a country if, not later than 90 days after
the submission to Congress of the annual report
on trafficking in persons that lists the
country as a tier 3 country, the President
submits to the appropriate congressional
committees a letter stating that the government
of the country has taken concrete actions to
implement the principal recommendations with
respect to that country in the report.
``(ii) Requirements.--A letter submitted
under clause (i) with respect to a country
shall--
``(I) include a description of the
concrete actions that the government of
the country has taken to implement the
principal recommendations described in
that clause;
``(II) be accompanied by supporting
documentation providing credible
evidence of each such concrete action,
including copies of relevant laws or
regulations adopted or modified, and
any enforcement actions taken, by that
country, where appropriate;
``(III) include a certification
that all eligible articles originating
from the country are not included on
the list of goods produced by child
labor or forced labor maintained by the
Department of Labor and are otherwise
reasonably believed to be free of
forced labor;
``(IV) include any public comments
received from civil society
organizations with respect to the laws
and practices of the country regarding
trafficking in persons; and
``(V) be published in the Federal
Register.
``(iii) Limitation on waiver.--The
President may not exercise the waiver authority
under clause (i) with respect to a country for
more than one year.
``(D) Definitions.--In this paragraph:
``(i) Annual report on trafficking in
persons.--The term `annual report on
trafficking in persons' means the annual report
on trafficking in persons required under
section 110(b)(1) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7107(b)(1)).
``(ii) Appropriate congressional
committees.--The term `appropriate
congressional committees' means--
``(I) the Committee on Ways and
Means and the Committee on Foreign
Affairs of the House of
Representatives; and
``(II) the Committee on Finance and
the Committee on Foreign Relations of
the Senate.
``(iii) Tier 2 watch list country.--The
term `tier 2 watch list country' means a
country on the list of countries required by
clause (ii) or (iii) of section 110(b)(2)(A) of
the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7107(b)(2)(A)).
``(iv) Tier 3 country.--The term `tier 3
country' means a country on the list of
countries required by section 110(b)(1)(C) of
the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7107(b)(1)(C)).''. | Anti-Trafficking Trade Act of 2018 This bill amends the Trade Act of 1974 to require the President to suspend a country's designation of beneficiary developing country for one year if that country does not meet the minimum standards of the Trafficking Victims Protection Act of 2000 as reported annually by the Department of State. Such designation provides a country with duty-free treatment of its goods to the United States. The bill also provides a process for downgrade of a country's classification (after notification) of watch list countries named in the annual State Department report. | {"src": "billsum_train", "title": "Anti-Trafficking Trade Act of 2018"} | 1,098 | 121 | 0.632358 | 1.637179 | 0.567513 | 1.895238 | 9.2 | 0.790476 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Teen Pregnancy Act''.
SEC. 2. TEENAGE PREGNANCY PREVENTION.
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by
adding at the end the following:
``TITLE XXVIII--TEENAGE PREGNANCY PREVENTION
``SEC. 2801. TEENAGE PREGNANCY PREVENTION GRANTS.
``(a) Authority.--The Secretary may award on a competitive basis
grants to public and private entities to establish or expand teenage
pregnancy prevention programs.
``(b) Grant Recipients.--Grant recipients under this section may
include State and local not-for-profit coalitions working to prevent
teenage pregnancy, State, local, and tribal agencies, schools, entities
that provide afterschool programs, and community and faith-based
groups.
``(c) Priority.--In selecting grant recipients under this section,
the Secretary shall give--
``(1) highest priority to applicants seeking assistance for
programs targeting communities or populations in which--
``(A) teenage pregnancy or birth rates are higher
than the corresponding State average; or
``(B) teenage pregnancy or birth rates are
increasing; and
``(2) priority to applicants seeking assistance for
programs that--
``(A) will benefit underserved or at-risk
populations such as young males or immigrant youths; or
``(B) will take advantage of other available
resources and be coordinated with other programs that
serve youth, such as workforce development and
afterschool programs.
``(d) Use of Funds.--Funds received by an entity as a grant under
this section shall be used for programs that--
``(1) replicate or substantially incorporate the elements
of one or more teenage pregnancy prevention programs that have
been proven (on the basis of rigorous scientific research) to
delay sexual intercourse or sexual activity, increase condom or
contraceptive use (without increasing sexual activity), or
reduce teenage pregnancy; and
``(2) incorporate one or more of the following strategies
for preventing teenage pregnancy: encouraging teenagers to
delay sexual activity; sex and HIV education; interventions for
sexually active teenagers; preventive health services; youth
development programs; service learning programs; and outreach
or media programs.
``(e) Applications.--Each entity seeking a grant under this section
shall submit an application to the Secretary at such time and in such
manner as the Secretary may require.
``(f) Matching Funds.--
``(1) In general.--The Secretary may not award a grant to
an applicant for a program under this section unless the
applicant demonstrates that it will pay, from funds derived
from non-Federal sources, at least 25 percent of the cost of
the program.
``(2) Applicant's share.--The applicant's share of the cost
of a program shall be provided in cash or in kind.
``(g) Supplementation of Funds.--An entity that receives funds as a
grant under this section shall use the funds to supplement and not
supplant funds that would otherwise be available to the entity for
teenage pregnancy prevention.
``(h) Evaluations.--
``(1) In general.--The Secretary shall--
``(A) conduct or provide for a rigorous evaluation
of 10 percent of programs for which a grant is awarded
under this section;
``(B) collect basic data on each program for which
a grant is awarded under this section; and
``(C) upon completion of the evaluations referred
to in subparagraph (A), submit to the Congress a report
that includes a detailed statement on the effectiveness
of grants under this section.
``(2) Cooperation by grantees.--Each grant recipient under
this section shall provide such information and cooperation as
may be required for an evaluation under paragraph (1).
``(i) Definition.--For purposes of this section, the term `rigorous
scientific research' means based on a program evaluation that:
``(1) Measured impact on sexual or contraceptive behavior,
pregnancy or childbearing.
``(2) Employed an experimental or quasi-experimental design
with well-constructed and appropriate comparison groups.
``(3) Had a sample size large enough (at least 100 in the
combined treatment and control group) and a follow-up interval
long enough (at least six months) to draw valid conclusions
about impact.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $20,000,000 for fiscal year
2002, and such sums as may be necessary thereafter. In addition, there
are authorized to be appropriated for evaluations under subsection (h)
such sums as may be necessary for fiscal year 2002 and each fiscal year
thereafter.''. | Preventing Teen Pregnancy Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to award, on a competitive basis, grants to public and private entities to establish or expand teenage pregnancy prevention programs. | {"src": "billsum_train", "title": "To authorize the Secretary of Health and Human Services to award on a competitive basis grants to public and private entities to establish or expand teenage pregnancy prevention programs."} | 1,078 | 52 | 0.578513 | 1.241113 | 1.057523 | 4.837209 | 22.767442 | 0.930233 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Buy American Improvement Act of
2004''.
SEC. 2. REQUIREMENTS FOR WAIVERS.
(a) In General.--Section 2 of the Buy American Act (41 U.S.C. 10a)
is amended--
(1) by striking ``Notwithstanding'' and inserting the
following:
``(a) In General.--Notwithstanding''; and
(2) by adding at the end the following:
``(b) Special Rules.--The following rules shall apply in carrying
out the provisions of subsection (a):
``(1) Public interest waiver.--A determination that it is
inconsistent with the public interest to enter into a contract
in accordance with this Act may not be made after a notice of
solicitation of offers for the contract is published in
accordance with section 18 of the Office of Federal Procurement
Policy Act (41 U.S.C. 416) and section 8(e) of the Small
Business Act (15 U.S.C. 637(e)).
``(2) Domestic bidder.--A Federal agency entering into a
contract shall give preference to a company submitting an offer
on the contract that manufactures in the United States the
article, material, or supply for which the offer is solicited,
if--
``(A) that company's offer is substantially the
same as an offer made by a company that does not
manufacture the article, material, or supply in the
United States; or
``(B) that company is the only company that
manufactures in the United States the article,
material, or supply for which the offer is solicited.
``(3) Use outside the united states.--
``(A) In general.--Subsection (a) shall apply
without regard to whether the articles, materials, or
supplies to be acquired are for use outside the United
States if the articles, materials, or supplies are not
needed on an urgent basis or if they are acquired on a
regular basis.
``(B) Cost analysis.--In any case where the
articles, materials, or supplies are to be acquired for
use outside the United States and are not needed on an
urgent basis, before entering into a contract an
analysis shall be made of the difference in the cost
for acquiring the articles, materials, or supplies from
a company manufacturing the articles, materials, or
supplies in the United States (including the cost of
shipping) and the cost for acquiring the articles,
materials, or supplies from a company manufacturing the
articles, materials, or supplies outside the United
States (including the cost of shipping).
``(4) Domestic availability.--The head of a Federal agency
may not make a determination under subsection (a) that an
article, material, or supply is not mined, produced, or
manufactured, as the case may be, in the United States in
sufficient and reasonably available commercial quantities and
of satisfactory quality, unless the head of the agency has
conducted a study and, on the basis of such study, determined
that--
``(A) domestic production cannot be initiated to
meet the procurement needs; and
``(B) a comparable article, material, or supply is
not available from a company in the United States.
``(5) Certain congressional purchases.--Subsection (a)
shall not apply with respect to a contract entered into by the
office of a Member of the House of Representatives or the
office of a Senator during a fiscal year if--
``(A) the funds used to make payment under the
contract are derived from the Members' Representational
Allowance under section 101(a) of the House of
Representatives Administrative Reform and Technical
Corrections Act (2 U.S.C. 57b) or the Senators'
Official Personnel and Office Expense Account
established under subsection (a) of the first section
of Public Law 100-137 (2 U.S.C. 58c), as the case may
be; and
``(B) the aggregate amount expended by the office
during the year for the article, material, or supply
which is the subject of the contract does not exceed
$100.
``(c) Reports.--
``(1) In general.--Not later than 60 days after the end of
each fiscal year, the head of each Federal agency shall submit
to Congress a report on the amount of the acquisitions made by
the agency from entities that manufacture the articles,
materials, or supplies outside the United States in that fiscal
year.
``(2) Content of report.--The report required by paragraph
(1) shall separately indicate the following information:
``(A) The dollar value of any articles, materials,
or supplies for which this Act was waived.
``(B) An itemized list of all waivers granted with
respect to such articles, materials, or supplies under
this Act.
``(C) A list of all articles, materials, and
supplies acquired, their source, and the amount of the
acquisitions.
``(3) Public availability.--The head of each Federal agency
submitting a report under paragraph (1) shall make the report
publicly available by posting on an Internet website.''.
(b) Definitions.--Section 1 of the Buy American Act (41 U.S.C. 10c)
is amended--
(1) by striking subsection (c) and inserting the following:
``(c) Federal Agency.--The term `Federal agency' means any
executive agency (as defined in section 4(1) of the Federal Procurement
Policy Act (41 U.S.C. 403(1))) or any establishment in the legislative
or judicial branch of the Government.''; and
(2) by adding at the end the following:
``(d) Substantially All.--Articles, materials, or supplies shall be
treated as made substantially all from articles, materials, or supplies
mined, produced, or manufactured, as the case may be, in the United
States, if the cost of the domestic components of such articles,
materials, or supplies exceeds 75 percent.''.
(c) Conforming Amendments.--
(1) Section 2 of the Buy American Act (41 U.S.C. 10a) is
amended by striking ``department or independent establishment''
and inserting ``Federal agency''.
(2) Section 3 of such Act (41 U.S.C. 10b) is amended--
(A) by striking ``department or independent
establishment'' in subsection (a), and inserting
``Federal agency''; and
(B) by striking ``department, bureau, agency, or
independent establishment'' in subsection (b) and
inserting ``Federal agency''.
(3) Section 633 of the National Military Establishment
Appropriations Act, 1950 (41 U.S.C. 10d) is amended by striking
``department or independent establishment'' and inserting
``Federal agency''.
(4) Section 69 of the Revised Statutes of the United States
(2 U.S.C. 109) is repealed.
SEC. 3. DETERMINATIONS OF UNREASONABLE COST AND INCONSISTENT WITH THE
PUBLIC INTEREST.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Commerce shall prescribe final
regulations establishing, for purposes of applying section 2(a) of the
Buy American Act (41 U.S.C. 10a(a))--
(1) definitions for the terms ``unreasonable cost'' and
``inconsistent with the public interest'';
(2) purposes for which a waiver may be granted under such
section based on unreasonable cost or on inconsistency with the
public interest; and
(3) procedures for all Federal agencies covered by the Act
to consistently apply the waivers described in paragraph (2).
(b) Advisory Panel.--Not later than 30 days after the date of the
enactment of this Act, the Secretary shall appoint a panel to be known
as the ``Buy American Advisory Panel'' consisting of members as
follows:
(1) The Administrator of General Services or the
Administrator's designee, who shall serve as Chairman.
(2) The Secretary of Defense or the Secretary's designee.
(3) A representative of the manufacturing industry who is
employed by a manufacturing business that produces the majority
of its goods in the United States and is a Federal contractor
at the time of appointment to the panel.
(4) A representative of the services industry who is
employed by a services business that provides the majority of
its services to clients in the United States and is a Federal
contractor at the time of appointment to the panel.
(5) A representative of labor in the manufacturing
industry.
(6) A representative of labor in the services industry.
(7) An academic economist.
(c) Compensation and Expenses.--The Secretary of Commerce shall
provide the support services, facilities, and funds necessary for the
performance of the Advisory Panel's functions. No member may receive
compensation for service as a member of the Advisory Panel, but a
member of the Advisory Panel who is not a government employee may
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.
(d) Report.--The Chairman of the Advisory Panel shall, not later
than 180 days after the date of the enactment of this Act, submit to
the Secretary of Commerce a report making recommendations for
implementing the requirements of subsection (a).
SEC. 4. DUAL-USE TECHNOLOGIES.
The head of a Federal agency (as defined in section 1(c) of the Buy
American Act (as amended by section 2)) may not enter into a contract,
nor permit a subcontract under a contract of the Federal agency, with a
foreign entity that involves giving the foreign entity plans, manuals,
or other information that would facilitate the manufacture of a dual-
use item on the Commerce Control List unless approval for providing
such plans, manuals, or information has been obtained in accordance
with the provisions of the Export Administration Act of 1979 (50 U.S.C.
App. 2401 et seq.) and the Export Administration Regulations (15 C.F.R.
part 730 et seq.). | Buy American Improvement Act of 2004 - Amends the Buy American Act to: (1) prohibit Federal agencies from making a determination that it would not be in the public interest to enter into a contract subject to Buy American requirements after a procurement notice for such contract is published; and (2) provide that Buy American requirements shall apply without regard to whether products are acquired for use outside the United States if they are not needed on an urgent basis or if they are acquired on a regular basis (but requires an analysis of the difference in costs of such products from manufacturers inside and outside the United States before a contract is entered).
Requires Federal agencies to: (1) give preference in the procurement process to a company that manufactures the solicited product in the United States if such company's bid is substantially the same as a bid made by a non-U.S. manufacturer or such company is the only company that manufactures the product in the United States; and (2) report annually on agency acquisitions from entities that manufacture products outside the United States.
Prohibits an agency head from making any determination that articles to be procured are not available from domestic sources without conducting a study that determine that domestic production cannot be initiated to meet procurement needs and that a comparable product is not available from a company in the United States.
Exempts Members of the House of Representatives and the Senate from Buy American requirements for certain official expenditures not exceeding $100. Repeals the requirement that the House of Representatives and the Senate purchase U.S.-manufactured articles, provided such articles can be procured at comparable quality and price as are demanded for like articles of foreign manufacture.
Defines a product as made "substantially all" from domestic components when the cost of such components exceeds 75 percent.
Requires the Secretary of Commerce to appoint a Buy American Advisory Panel and to promulgate final regulations for defining "unreasonable cost" and "inconsistent with the public interest" and for applying waivers under the Buy American Act consistently.
Prohibits an agency from entering a contract with a foreign entity that involves giving such entity information that would facilitate the manufacture of a dual-use item on the Commerce Control List unless approval has been obtained in accordance with the Export Administration Act of 1979. | {"src": "billsum_train", "title": "To amend the Buy American Act to increase the requirement for American-made content, to tighten the waiver provisions, and for other purposes."} | 2,283 | 501 | 0.598857 | 1.899814 | 0.824631 | 2.833333 | 4.803241 | 0.87963 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Right to Try Act''.
SEC. 2. USE OF UNAPPROVED MEDICAL PRODUCTS BY PATIENTS DIAGNOSED WITH A
TERMINAL ILLNESS.
(a) In General.--Notwithstanding the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 301 et seq.), the Controlled Substances Act (21
U.S.C. 801 et seq.), and any other provision of Federal law, the
Federal Government shall not take any action to prohibit or restrict--
(1) the production, manufacture, distribution, prescribing,
or dispensing of an experimental drug, biological product, or
device that--
(A) is intended to treat a patient who has been
diagnosed with a terminal illness; and
(B) is authorized by, and in accordance with, State
law; and
(2) the possession or use of an experimental drug,
biological product, or device--
(A) that is described in subparagraphs (A) and (B)
of paragraph (1); and
(B) for which the patient has received a
certification from the patient's treating physician in
accordance with subsection (b).
(b) Physician Certification.--A certification by the patient's
treating physician referred to in subsection (a)(2)(B) must include
each of the following:
(1) A certification that the physician--
(A) is in good standing with the physician's
certifying organization or board; and
(B) has personally examined the patient.
(2) A certification that there is no reason to conclude the
experimental drug, biological product, or device poses an
unreasonable and significant risk of danger to the patient.
(3) A certification that the patient has been diagnosed
with a terminal disease or condition and does not have any
treatment options that--
(A) are comparable to treatment using the
experimental drug, biological product, or device or
otherwise satisfactory; and
(B) are approved, licensed, or cleared for
commercial distribution under section 505, 510(k), or
515 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355, 360(k), 360(e)) or section 351 of the
Public Health Service Act (42 U.S.C. 262) and are
available to diagnose, monitor, or treat the patient's
disease or condition.
(4) A certification that the probable risk to the patient
from the experimental drug, biological product, or device is
not greater than the probable risk from the patient's disease
or condition.
(5) A certification that the physician has provided the
patient with a written statement and oral explanation of the
medical treatment to be provided using the experimental drug,
biological product, or device.
(6) An acknowledgement signed by the patient (or the
patient's legal representative) that the physician has provided
the written statement and oral explanation required by
paragraph (5), and has disclosed the following:
(A) That the medical treatment using the
experimental drug, biological product, or device is
experimental or nonconventional.
(B) That the experimental drug, biological product,
or device has not been approved, licensed, or cleared
for commercial distribution under section 505, 510(k),
or 515 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355, 360(k), 360(e)) or section 351 of the
Public Health Service Act (42 U.S.C. 262) for any
indication.
(C) The material risks generally recognized by a
reasonably prudent physician of the medical treatment's
side effects.
(D) An explanation of the medical treatment,
including the expected frequency and duration of the
treatment.
(c) No Liability or Use of Outcomes.--
(1) No liability.--Notwithstanding any other provision of
law, no liability shall lie against a producer, manufacturer,
distributor, prescriber, dispenser, possessor, or user of an
experimental drug, biological product, or device for the
production, manufacture, distribution, prescribing, dispensing,
possession, or use of an experimental drug, biological product,
or device that is in compliance, with subsection (a).
(2) No use of outcomes.--Notwithstanding any other
provision of law, the outcome of any production, manufacture,
distribution, prescribing, dispensing, possession, or use of an
experimental drug, biological product, or device that was done
in compliance with subsection (a) shall not be used by a
Federal agency reviewing the experimental drug, biological
product, or device to delay or otherwise adversely impact
review or approval of such experimental drug, biological
product, or device.
(d) Rules of Construction.--Nothing in this Act shall be construed
to--
(1) require a manufacturer or other person to make
available any experimental drug, biological product, or device;
or
(2) prohibit a manufacturer or other person from receiving
compensation or recovering costs for the production,
manufacture, distribution, or sale of an experiment drug,
biological product, or device.
(e) Definitions.--In this section:
(1) Biological product.--The term ``biological product''
has the meaning given to such term in section 351 of the Public
Health Service Act (42 U.S.C. 262).
(2) Device; drug.--The terms ``device'' and ``drug'' have
the meanings given to such terms in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(3) Experimental drug, biological product, or device.--The
term ``experimental drug, biological product, or device'' means
a drug, biological product, or device that--
(A) has successfully completed a phase 1 clinical
investigation;
(B) remains under investigation in a clinical trial
approved by the Food and Drug Administration; and
(C) is not approved, licensed, or cleared for
commercial distribution under section 505, 510(k), or
515 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355, 360(k), 360(e)) or section 351 of the
Public Health Service Act (42 U.S.C. 262).
(4) Phase 1 clinical investigation.--The term ``phase 1
clinical investigation'' means a phase 1 clinical
investigation, as described in section 312.21 of title 21, Code
of Federal Regulations (or any successor regulations).
(5) Terminal illness.--The term ``terminal illness'' has
the meaning given to such term in the State law specified in
subsection (a)(1)(B). | Right to Try Act This bill requires the federal government to allow unrestricted manufacturing, distribution, prescribing, and dispensing of experimental drugs, biological products, and medical devices that are authorized by state law and intended to treat terminally ill patients. Patients receiving these treatments must be certified by a physician as having exhausted all other treatment options and as being at greater risk from their medical condition than the treatment. The physician must explain the treatment to the patient, including that the treatment is experimental, and the patient, or the patient's legal representative, must acknowledge the explanation. A manufacturer, distributor, prescriber, dispenser, possessor, or user of such a treatment has no liability regarding the treatment. The outcome of manufacture, distribution, prescribing, dispensing, possession, or use of such a treatment may not be used by a federal agency to adversely impact review or approval of the treatment. The treatment must: (1) have successfully completed a phase 1 (initial, small scale) clinical trial; (2) remain under investigation in a clinical trial approved by the Food and Drug Administration (FDA); and (3) not be approved, licensed, or cleared for sale by the FDA. | {"src": "billsum_train", "title": "Right to Try Act"} | 1,428 | 252 | 0.576316 | 1.727252 | 0.878749 | 2.956897 | 5.737069 | 0.87931 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Open Fuel Act of 2015''.
SEC. 2. OPEN FUEL REQUIREMENT FOR MOTOR VEHICLES.
Chapter 329 of title 49, United States Code, is amended by
inserting after section 32905 the following new section:
``Sec. 32905A. Open fuel requirement for motor vehicles.
``(a) Requirements.--Except as provided in subsection (c), each
manufacturer's fleet of covered vehicles for a particular model year
shall be comprised of--
``(1) not less than 30 percent qualified vehicles beginning
in model year 2018; and
``(2) not less than 50 percent qualified vehicles beginning
in model year 2019 and each subsequent year.
``(b) Additional Definitions.--As used in this section--
``(1) the term `covered vehicle' means a passenger
automobile, and includes a light-duty motor vehicle;
``(2) the term `qualified vehicle' means covered vehicle
that--
``(A) has been warranted by its manufacturer to
operate on natural gas, hydrogen, or biodiesel;
``(B) is a flexible fuel vehicle;
``(C) is a plug-in electric drive vehicle;
``(D) is propelled solely by a fuel cell that
produces power without the use of petroleum or a
petroleum-based fuel; or
``(E) is propelled solely by something other than
an internal combustion engine, and produces power
without the use of petroleum or a petroleum-based fuel;
``(3) the term `flexible fuel vehicle' means a vehicle that
has been warranted by its manufacturer to operate on gasoline,
E85, and M85;
``(4) the term `E85' means a fuel mixture containing up to
85 percent ethanol and meets the standards of ASTM D5798;
``(5) the term `M85' means a fuel mixture containing up to
85 percent methanol and meets the standards of ASTM D5797;
``(6) the term `biodiesel' means diesel fuel which has been
produced from a non-petroleum feedstock and which meets the
standards of ASTM D6751-03;
``(7) the term `plug-in electric drive vehicle' has the
meaning given such term in section 508(a)(5) of the Energy
Policy Act of 1992 (42 U.S.C. 13258(a)(5)); and
``(8) the term `light-duty motor vehicle' means a light-
duty truck or light-duty vehicle as such terms are defined in
section 216(7) of the Clean Air Act (42 U.S.C. 7550(7)) of less
than or equal to 8,500 pounds gross vehicle weight rating.
``(c) Temporary Exemption From Requirements.--
``(1) Application.--A manufacturer may request an exemption
from the requirement described in subsection (a) by submitting
an application to the Secretary, at such time, in such manner,
and containing such information as the Secretary may require by
regulation. Each such application shall specify the models,
lines, and types of automobiles affected.
``(2) Evaluation.--After evaluating an application received
from a manufacturer, the Secretary may at any time, under such
terms and conditions, and to such extent as the Secretary
considers appropriate, temporarily exempt, or renew the
exemption of, a light-duty motor vehicle from the requirement
described in subsection (a) if the Secretary determines that
unavoidable events not under the control of the manufacturer
prevent the manufacturer of such automobile from meeting its
required production volume of qualified automobiles,
including--
``(A) a disruption in the supply of any component
required for compliance with the regulations; or
``(B) a disruption in the use and installation by
the manufacturer of such component.
``(3) Consolidation.--The Secretary may consolidate
applications received from multiple manufacturers under
subparagraph (A) if they are of a similar nature.
``(4) Conditions.--Any exemption granted under paragraph
(2) shall be conditioned upon the manufacturer's commitment to
recall the exempted automobiles for installation of the omitted
components within a reasonable time proposed by the
manufacturer and approved by the Secretary after such
components become available in sufficient quantities to satisfy
both anticipated production and recall volume requirements.
``(5) Notice.--The Secretary shall publish in the Federal
Register--
``(A) notice of each application received from a
manufacturer;
``(B) notice of each decision to grant or deny a
temporary exemption; and
``(C) the reasons for granting or denying such
exemptions.
``(d) Rulemaking.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall promulgate regulations as
necessary to carry out this section.''. | Open Fuel Act of 2015 This bill requires each fleet of a manufacturer of passenger automobiles (including light-duty motor vehicles) to comprise at least: 30% qualified vehicles in model year 2018, and 50% qualified vehicles in model year 2019 and each subsequent year. A "qualified vehicle" is: a vehicle that operates on natural gas, hydrogen, or biodiesel; a flexible fuel vehicle capable of operating on gasoline, E85, and M85; a plug-in electric drive vehicle; or a vehicle propelled solely by fuel cell or by something other than an internal combustion engine. The bill authorizes a manufacturer to request an exemption from such requirement from the Department of Transportation. | {"src": "billsum_train", "title": "Open Fuel Act of 2015"} | 1,084 | 149 | 0.591067 | 1.542248 | 0.698821 | 3.257143 | 7.057143 | 0.814286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No More Terror in New York Act of
2002''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Yasser Arafat, in a letter sent to then Israeli Prime
Minister Rabin on September 9, 1993, stated that the PLO
``renounces the use of terrorism and other acts of violence and
will assume responsibility over all PLO elements and personnel
in order to assure their compliance, prevent violations, and
discipline violators''.
(2) During the last 18 months of the ``Intifada'' hundreds
of Israelis have been killed in numerous terrorist attacks
committed by terrorists belonging to Palestinian extremist
organizations.
(3) The Department of State report of April 2001 on
Palestinian compliance with the Oslo Accords details the
involvement of the PLO's Fatah faction and Tanzim militant
units in terrorism and violent incitement, stating ``Elements
of Fatah, a PLO faction, and members of the PA's [Palestinian
Authority's] security forces instigated and directly
participated in anti-Israel violence. . .''.
(4) According to the Israeli Government, more than 70
percent of terrorist attacks in Israel have been committed by
the Fatah, Tanzim and its military brigades, and by Force 17,
Yasser Arafat's Presidential Guard.
(5) The PLO recently attempted to smuggle more than 50 tons
of arms from Iran into PLO-controlled territory.
(6) President Bush said ``Ordering up weapons that were
intercepted on a boat headed for that part of the world is not
part of fighting terror [. . .] That's enhancing terror.''.
SEC. 3. CONGRESSIONAL STATEMENT REGARDING UNITED STATES POLICY.
The Congress--
(1) finds that the PLO is in violation of the Oslo Accords
under which the organization made a commitment to abandon and
renounce terrorism;
(2) urges the President to withdraw or terminate any waiver
by the President of the requirements of section 1003 of the
Foreign Relations Authorization Act, Fiscal Years 1988 and
1989;
(3) urges the Secretary of State to designate the PLO,
appropriate constituent groups (including Fatah and Tanzim),
and appropriate groups operating as arms of the Palestinian
Authority (including Force 17) as a foreign terrorist
organization under section 219 of the Immigration and
Nationality Act;
(4) urges the President to direct the United States
Representative to the United Nations to take all appropriate
measures to ensure termination of the permanent observer status
of the PLO at the United Nations;
(5) calls upon the United Nations General Assembly to
revoke the permanent observer status of the PLO; and
(6) calls upon the United Nations General Assembly to
revoke any status relating to the United Nations under which
the PLO is able to maintain an office in New York City.
SEC. 4. RESTRICTIONS ON TRAVEL BY MEMBERS OF PLO UNITED NATIONS
MISSION.
(a) In General.--Notwithstanding any other provision of law, any
alien admitted to the United States with diplomatic status as a
representive of the PLO shall be subject to restrictions on travel
while in the United States under this section.
(b) Restricted Travel Area.--PLO representatives in the United
States shall be restricted to travel within a 25 mile radius of the
United Nations Headquarters Building.
(c) Prior Approval Required for Other Travel.--PLO representatives
shall submit a written request to the Department of State concerning
travel in the United States outside of the area designated under
subsection (b). Each request shall be accompanied by such information
as the Secretary of State shall require. PLO representatives must
obtain approval of travel not later than 48 hours prior to the
initiation of travel. Any necessary tickets for transportation and
accommodations during such travel shall be arranged through the Office
of Foreign Missions of the Department of State.
SEC. 5. REPORTS TO CONGRESS.
(a) PLO Involvement With Terrorism.--Beginning 6 months after the
date of the enactment of this Act and every 6 months thereafter, the
Secretary of State shall submit a report on the PLO's involvement with
acts of terror and terrorist groups to the Committee on International
Relations of the House of Representatives and the Committee on Foreign
Relations of the Senate.
(b) PLO Travel.--Beginning 6 months after the date of the enactment
of this Act and every 6 months thereafter, the Secretary of State shall
submit a report on travel by PLO diplomatic representatives in the
United States outside of the restricted travel area to the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
SEC. 6. DEFINITIONS.
For the purposes of this Act:
(1) The term ``Oslo Accords'' means all agreements signed
between the Government of Israel and the Palestine Liberation
Organization or Palestinian Authority since September 13, 1993.
(2) The term ``PLO'' means Palestine Liberation
Organization. | No More Terror in New York Act of 2002 - Urges the: (1) Secretary of State to designate the Palestine Liberation Organization (PLO), appropriate PLO constituent groups, and appropriate arms of the Palestinian Authority as a foreign terrorist organization; (2) President to direct the U.S. Representative to the United Nations (UN) to ensure termination of the PLO's permanent observer status; and (3) United Nations General Assembly to revoke such status and any status under which the PLO is able to maintain an office in New York City.Restricts the travel of any alien admitted to the United States with diplomatic status as a representative of the PLO to within a 25-mile radius of the UN Headquarters Building. Requires prior approval of a written request for any other travel in the United States.Requires biannual reports from the Secretary of State to specified congressional committees on the PLO's involvement with acts of terror and terrorist groups, as well as on PLO representatives' travel outside the restricted areas. | {"src": "billsum_train", "title": "To provide for restrictions on travel by diplomatic representatives of the Palestine Liberation Organization while in the United States, and for other purposes."} | 1,125 | 220 | 0.535686 | 1.656307 | 0.802524 | 4.151832 | 5.293194 | 0.937173 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Free and Independent Cuba Assistance
Act of 1993''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The economy of Cuba has experienced a decline of
approximately 45 percent in the last 3 years, on account of the
end of its subsidization by the former Soviet Union, the
extreme decline in trade between Cuba and the countries of the
former Soviet Bloc, and the policy of the Russian Government
and the countries of the former Soviet Bloc to conduct economic
relations with Cuba on strictly commercial terms.
(2) At the same time, the welfare and health of the Cuban
people has substantially deteriorated, and continues to
deteriorate, as a result of this economic decline and the
refusal of the Castro regime to adopt any economic or political
reforms that would lead to democracy, a market economy, or an
economic recovery.
(3) As long as no such economic or political reforms are
adopted by the Cuban Government, the economic condition of the
country and the welfare of the Cuban people will not improve in
any significant way.
(4) The Castro regime has made it abundantly clear that it
will not engage in any substantive economic or political
reforms that would lead to democracy, a market economy, or an
economic recovery.
SEC. 3. POLICY TOWARD A TRANSITION GOVERNMENT AND A DEMOCRATIC
GOVERNMENT IN CUBA.
It is the policy of the United States--
(1) to support the self-determination of the Cuban people;
(2) to recognize that the self-determination of the Cuban
people is a sovereign and national right of the citizens of
Cuba which must be exercised free of interference by the
government of any other country;
(3) to encourage the Cuban people to empower themselves
with a government which reflects the self-determination of the
Cuban people;
(4) to recognize the potential for a difficult transition
from the current regime in Cuba that may result from the
initiatives taken by the Cuban people for self-determination in
response to the intransigence of the Castro regime in not
allowing any substantive political or economic reforms, and to
be prepared to provide the Cuban people with humanitarian,
developmental, and other economic assistance;
(5) in solidarity with the Cuban people, to provide
emergency relief assistance to a transition government in Cuba,
and long term assistance to a democratic government in Cuba,
governments that result from an expression of the self-
determination of the Cuban people;
(6) that such assistance is intended to facilitate a
peaceful transition to democracy in Cuba and the consolidation
of democracy in Cuba;
(7) that such assistance be delivered to the Cuban people
through a transition government in Cuba, through a democratic
government in Cuba, or through United States, international, or
indigenous nongovernmental organizations;
(8) to encourage other countries to provide similar
assistance, and work cooperatively with such countries to
coordinate such assistance;
(9) to ensure that emergency relief is rapidly implemented
and distributed to the people of Cuba upon the institution of a
transition government in Cuba;
(10) not to provide favorable treatment or influence on
behalf of any individual or entity in the promotion of the
choice by the Cuban people of their future government;
(11) to assist a transition government in Cuba and a
democratic government in Cuba to prepare the Cuban military
forces for a new role in a democracy;
(12) to be prepared to enter into negotiations with a
democratic government in Cuba either to return the United
States Naval Base at Guantanamo to Cuba or to renegotiate the
present agreement under mutually agreeable terms;
(13) to lift the economic embargo on Cuba when the
President determines that there exists a democratic government
in Cuba; and
(14) to assist a democratic government in Cuba to
strengthen and stabilize its national currency.
SEC. 4. AUTHORIZATION OF ASSISTANCE TO THE CUBAN PEOPLE.
(a) Plan for Assistance.--
(1) Development of plan.--The President shall develop a
plan for providing, at such time as the President determines
that a transition government in Cuba is in power, economic
assistance to the people of Cuba while such government, and a
democratic government in Cuba, are in power.
(2) Types of assistance.--Assistance under the plan
developed under paragraph (1) shall include the following:
(A) Assistance under the plan to a transition
government in Cuba shall be limited to--
(i) such food, medicine, medical supplies
and equipment, and assistance to meet emergency
energy needs, as is necessary to meet the basic
human needs of the Cuban people; and
(ii) assistance described in subparagraph
(C).
(B) Assistance under the plan to a democratic
government in Cuba shall consist of additional economic
assistance and assistance described in subparagraph
(C). Such economic assistance may include--
(i) assistance under chapter 1 of part I
(relating to development assistance), and
chapter 4 of part II (relating to the economic
support fund), of the Foreign Assistance Act of
1961;
(ii) assistance under the Agricultural
Trade Development and Assistance Act of 1954;
(iii) financing, guarantees, and other
forms of assistance provided by the Export-
Import Bank of the United States;
(iv) financial support provided by the
Overseas Private Investment Corporation for
investment projects in Cuba;
(v) assistance provided by the Trade and
Development Agency;
(vi) Peace Corps programs;
(vii) relief of Cuba's external debt; and
(viii) other appropriate assistance to
carry out the purposes of this Act.
(C) Assistance under the plan to a transition
government in Cuba and to a democratic government in
Cuba shall also include assistance in preparing the
Cuban military forces to adjust to a new role in a
democracy and civilian life, which may include
assistance for housing, educational, and training
programs.
(b) Strategy for Distribution.--The plan developed under subsection
(a) shall include a strategy for distributing assistance under the
plan.
(c) Distribution.--The plan developed under subsection (a) shall
authorize assistance under the plan to be provided through United
States, international, and indigenous nongovernmental organizations and
private voluntary organizations, including humanitarian, educational,
and labor organizations.
(d) International Efforts.--The President shall take the necessary
steps to obtain the agreement of other countries and of international
financial institutions to provide to a transition government in Cuba,
and to a democratic government in Cuba, assistance comparable to that
provided by the United States under this Act, and to work with such
countries and institutions to coordinate all such assistance programs.
(e) Caribbean Basin Initiative.--The President shall determine, as
part of the assistance plan developed under subsection (a), whether or
not to designate Cuba as a beneficiary country under section 212 of the
Caribbean Basin Economic Recovery Act.
(f) Trade Agreements.--Upon the enactment of legislation
implementing a free trade agreement between the United States and any
other country or countries (except Cuba) in the Western Hemisphere, the
President--
(1) shall take the necessary steps to enter into a
framework agreement with a transition government in Cuba
providing for trade with and investment in Cuba; and
(2) may thereafter enter into negotiations with a
democratic government in Cuba to conclude a free trade
agreement between the United States and Cuba.
(g) Communication With the Cuban People.--The President shall take
the necessary steps to communicate to the Cuban people the plan for
assistance developed under this section.
(h) Report to Congress.--The President shall transmit to the
Congress, not later than 180 days after the date of the enactment of
this Act, a report describing in detail the plan developed under this
section.
SEC. 5. COORDINATION OF ASSISTANCE PROGRAM; IMPLEMENTATION AND REPORTS
TO CONGRESS; REPROGRAMMING.
(a) Coordinating Official.--The Assistant Secretary of State for
Inter-American Affairs shall be responsible for--
(1) implementing the strategy for distributing assistance
under the plan developed under section 4(a);
(2) ensuring the speedy and efficient distribution of such
assistance; and
(3) ensuring coordination among, and appropriate oversight
by, the agencies of the United States that provide assistance
under the plan, including resolving any disputes among such
agencies.
(b) Implementation of Plan; Reports to Congress.--
(1) Implementation with respect to transition government.--
Upon making a determination that a transition government in
Cuba is in power, the President shall transmit that
determination to the Congress and shall commence the delivery
and distribution of assistance to such transition government
under the plan developed under section 4(a).
(2) Reports to congress.--Not later than 15 days after
making the determination referred to in paragraph (1), and not
later 90 days after making that determination, the President
shall transmit to the Congress a report setting forth the
strategy for providing assistance described in section
4(a)(2)(A) and (C) to the transition government in Cuba under
the plan of assistance developed under section 4(a), the types
of such assistance, and the extent to which such assistance has
been distributed in accordance with the plan.
(3) Implementation with respect to democratic government.--
The President shall, upon determining that a democratic
government in Cuba is in power, submit that determination to
the Congress and shall commence the delivery and distribution
of assistance to such democratic government under the plan
developed under section 4(a).
(4) Annual reports to congress.--Not later than 60 days
after the end of each fiscal year, the President shall transmit
to the Congress a report on the assistance provided under the
plan developed under section 4(a), including a description of
each type of assistance, the amounts expended for such
assistance, and a description of the assistance to be provided
under the plan in the current fiscal year.
(c) Reprogramming.--Any changes in the assistance to be provided
under the plan developed under section 4(a) may not be made unless the
President notifies the Congress at least 15 days in advance in
accordance with the procedures applicable to reprogramming
notifications under section 634A of the Foreign Assistance Act of 1961.
(d) Effect on other laws.--Assistance may be provided under the
plan developed under section 4(a) notwithstanding any other provision
of law.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the President such sums
as may be necessary to carry out this Act.
SEC. 7. TERMINATION OF EMBARGO.
Upon submitting a determination to the Congress under section
5(b)(3) that a democratic government in Cuba is in power, the President
shall terminate the embargo on trade with Cuba.
SEC. 8. REQUIREMENTS FOR TRANSITION GOVERNMENT.
For purposes of this Act, a transition government in Cuba is a
government in Cuba which--
(1) is demonstrably in transition from communist
totalitarian dictatorship to democracy;
(2) makes public commitments to and is making demonstrable
progress in--
(A) releasing all political prisoners and allowing
for investigations of Cuban prisons by appropriate
international human rights organizations;
(B) establishing an independent judiciary;
(C) respecting internationally recognized human
rights and basic freedoms in accordance with the
Universal Declaration of Human Rights, to which Cuba is
a signatory nation;
(D) dissolving the present Department of State
Security in the Cuban Ministry of the Interior,
including but not limited to, the Committees for the
Defense of the Revolution and the Rapid Response
Brigades;
(E) organizing free and fair elections for a new
government--
(i) to be held within 1 year after the
transition government assumes power;
(ii) with the participation of multiple
independent political parties that have full
access to the media on an equal basis,
including (in the case of radio, television, or
other telecommunications media) in terms of
allotments of time for such access and the
times of day such allotments are given; and
(iii) to be conducted under the supervision
of internationally recognized observers, such
as the United Nations, the Organization of
American States, and other elections monitors;
(F) granting permits to privately owned indigenous
telecommunications companies to operate in Cuba; and
(G) allowing the establishment of an independent
labor movement and of independent social, economic, and
political associations;
(3) does not include Fidel Castro or Raul Castro, or any
person appointed by either such individual in a position of
authority; and
(4) allows the speedy and efficient distribution of
assistance to the Cuban people.
SEC. 9. REQUIREMENTS FOR DEMOCRATIC GOVERNMENT.
For purposes of this Act, a democratic government in Cuba is a
government in Cuba which--
(1) results from free and fair elections conducted under
internationally recognized observers;
(2) has permitted opposition parties ample time to organize
and campaign for such elections, and has permitted full access
to the media to all candidates in the elections;
(3) is showing respect for the basic civil liberties and
human rights of the citizens of Cuba;
(4) has made demonstrable progress in establishing an
independent judiciary;
(5) is moving toward establishing a market-oriented
economic system; and
(6) has made or is committed to making constitutional
changes that would ensure regular free and fair elections that
meet the requirements of paragraph (2).
SEC. 10. AMENDMENT TO CARIBBEAN BASIN ECONOMIC RECOVERY ACT.
The table contained in section 212(b) of the Caribbean Basin
Economic Recovery Act (19 U.S.C. 2702(b)) is amended by inserting
``Cuba'' between ``Costa Rica'' and ``Dominica''. | Free and Independent Cuba Assistance Act of 1993 - Requires the President, at such time as a transition government is in power in Cuba, to develop a plan for providing economic assistance to the Cuban people while such government and a democratic government are in power. Limits such assistance to humanitarian assistance while a transition government is in power. Expands such assistance to include development and agricultural assistance and export financing (as well as other specified assistance) when a democratic government is in power.
Requires the President to take steps to obtain the agreement of other countries and international financial institutions to provide comparable assistance to Cuba.
Directs the President to determine whether to designate Cuba as a beneficiary country pursuant to the Caribbean Basin Economic Recovery Act.
Requires the President, upon enactment of legislation implementing a free trade agreement between the United States and another country in the Western Hemisphere, to: (1) take steps to enter into a framework agreement with the transition government in Cuba providing for trade and investment in Cuba; and (2) enter into negotiations with a democratic government in Cuba to conclude a free trade agreement.
Directs the President to communicate the plan for assistance to the Cuban people.
Authorizes appropriations.
Requires the President to terminate the trade embargo on Cuba upon submitting a determination that a democratic government is in power in Cuba to the Congress.
Sets forth conditions under which a government in Cuba will be considered transitional or democratic. | {"src": "billsum_train", "title": "Free and Independent Cuba Assistance Act of 1993"} | 2,959 | 318 | 0.625179 | 1.774465 | 0.870009 | 3.476703 | 10.125448 | 0.924731 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Behavioral Health Care Integration
Act of 2016''.
SEC. 2. PRIMARY AND BEHAVIORAL HEALTH CARE INTEGRATION GRANT PROGRAMS.
Section 520K of the Public Health Service Act (42 U.S.C. 290bb-42)
is amended to read as follows:
``SEC. 520K. INTEGRATION INCENTIVE GRANTS.
``(a) In General.--The Secretary shall establish a primary and
behavioral health care integration grant program. The Secretary may
award grants and cooperative agreements to eligible entities to expend
funds for improvements in integrated settings with integrated
practices.
``(b) Definitions.--In this section:
``(1) Integrated care.--The term `integrated care' means
full collaboration in merged or transformed practices offering
behavioral and physical health services within the same shared
practice space in the same facility, where the entity--
``(A) provides services in a shared space that
ensures services will be available and accessible
promptly and in a manner which preserves human dignity
and assures continuity of care;
``(B) ensures communication among the integrated
care team that is consistent and team-based;
``(C) ensures shared decisionmaking between
behavioral health and primary care providers;
``(D) provides evidence-based services in a mode of
service delivery appropriate for the target population;
``(E) employs staff who are multidisciplinary and
culturally and linguistically competent;
``(F) provides integrated services related to
screening, diagnosis, and treatment of mental illness
and substance use disorder and co-occurring primary
care conditions and chronic diseases; and
``(G) provides targeted case management, including
services to assist individuals gaining access to needed
medical, social, educational, and other services and
applying for income security, housing, employment, and
other benefits to which they may be entitled.
``(2) Integrated care team.--The term `integrated care
team' means a team that includes--
``(A) allopathic or osteopathic medical doctors,
such as a primary care physician and a psychiatrist;
``(B) licensed clinical behavioral health
professionals, such as psychologists or social workers;
``(C) a case manager; and
``(D) other members, such as psychiatric advanced
practice nurses, physician assistants, peer-support
specialists or other allied health professionals, such
as mental health counselors.
``(3) Special population.--The term `special population'
means--
``(A) adults with mental illnesses who have co-
occurring primary care conditions with chronic
diseases;
``(B) adults with serious mental illnesses who have
co-occurring primary care conditions with chronic
diseases;
``(C) children and adolescents with serious
emotional disorders with co-occurring primary care
conditions and chronic diseases;
``(D) older adults with mental illness who have co-
occurring primary care conditions with chronic
conditions;
``(E) individuals with substance use disorder; or
``(F) individuals from populations for which there
is a significant disparity in the quality, outcomes,
cost, or use of mental health or substance use disorder
services or a significant disparity in access to such
services, as compared to the general population, such
as racial and ethnic minorities and rural populations.
``(c) Purpose.--The grant program under this section shall be
designed to lead to full collaboration between primary and behavioral
health in an integrated practice model to ensure that--
``(1) the overall wellness and physical health status of
individuals with serious mental illness and co-occurring
substance use disorders is supported through integration of
primary care into community mental health centers meeting the
criteria specified in section 1913(c) of the Social Security
Act or certified community behavioral health clinics described
in section 223 of the Protecting Access to Medicare Act of
2014; or
``(2) the mental health status of individuals with
significant co-occurring psychiatric and physical conditions
will be supported through integration of behavioral health into
primary care settings.
``(d) Eligible Entities.--To be eligible to receive a grant or
cooperative agreement under this section, an entity shall be a State
department of health, State mental health or addiction agency, State
Medicaid agency, or licensed health care provider or institution. The
Administrator may give preference to States that have existing
integrated care models, such as those authorized by section 1945 of the
Social Security Act.
``(e) Application.--An eligible entity desiring a grant or
cooperative agreement under this section shall submit an application to
the Administrator at such time, in such manner, and accompanied by such
information as the Administrator may require, including a description
of a plan to achieve fully collaborative agreements to provide services
to special populations and--
``(1) a document that summarizes the State-specific
policies that inhibit the provision of integrated care, and the
specific steps that will be taken to address such barriers,
such as through licensing and billing procedures; and
``(2) a plan to develop and share a de-identified patient
registry to track treatment implementation and clinical
outcomes to inform clinical interventions, patient education,
and engagement with merged or transformed integrated practices
in compliance with applicable national and State health
information privacy laws.
``(f) Grant Amounts.--The maximum annual grant amount under this
section shall be $2,000,000, of which not more than 10 percent may be
allocated to State administrative functions, and the remaining amounts
shall be allocated to health facilities that provide integrated care.
``(g) Duration.--A grant under this section shall be for a period
of 5 years.
``(h) Report on Program Outcomes.--An entity receiving a grant or
cooperative agreement under this section shall submit an annual report
to the Administrator that includes--
``(1) the progress to reduce barriers to integrated care,
including regulatory and billing barriers, as described in the
entity's application under subsection (d); and
``(2) a description of functional outcomes of special
populations, such as--
``(A) with respect to individuals with serious
mental illness, participation in supportive housing or
independent living programs, engagement in social or
education activities, participation in job training or
employment opportunities, attendance at scheduled
medical and mental health appointments, and compliance
with treatment plans;
``(B) with respect to individuals with co-occurring
mental illness and primary care conditions and chronic
diseases, attendance at scheduled medical and mental
health appointments, compliance with treatment plans,
and participation in learning opportunities related to
improved health and lifestyle practice; and
``(C) with respect to children and adolescents with
serious emotional disorders who have co-occurring
primary care conditions and chronic diseases,
attendance at scheduled medical and mental health
appointments, compliance with treatment plans, and
participation in learning opportunities at school and
extracurricular activities.
``(i) Technical Assistance Center for Primary-Behavioral Health
Care Integration.--
``(1) In general.--The Secretary shall establish a program
through which such Secretary shall provide appropriate
information, training, and technical assistance to eligible
entities that receive a grant or cooperative agreement under
this section, in order to help such entities to meet the
requirements of this section, including assistance with--
``(A) development and selection of integrated care
models;
``(B) dissemination of evidence-based interventions
in integrated care;
``(C) establishment of organizational practices to
support operational and administrative success; and
``(D) other activities, as the Secretary determines
appropriate.
``(2) Additional dissemination of technical information.--
The information and resources provided by the technical
assistance program established under paragraph (1) shall be
made available to States, political subdivisions of a State,
Indian tribes or tribal organizations (as defined in section 4
of the Indian Self-Determination and Education Assistance Act),
outpatient mental health and addiction treatment centers,
community mental health centers that meet the criteria under
section 1913(c), certified community behavioral health clinics
described in section 223 of the Protecting Access to Medicare
Act of 2014, primary care organizations such as Federally
qualified health centers or rural health centers, other
community-based organizations, or other entities engaging in
integrated care activities, as the Secretary determines
appropriate.
``(j) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $50,000,000 for each of fiscal
years 2017 through 2021, of which $2,000,000 shall be available to the
technical assistance program under subsection (i).''. | Behavioral Health Care Integration Act of 2016 This bill amends the Public Health Service Act to replace a Substance Abuse and Mental Health Services Administration (SAMHSA) program to support demonstration projects for providing integrated health care to certain patient populations with a program to support integration of primary and behavioral health care. The program must be designed to lead to full collaboration between primary care and behavioral health providers in the same facility to ensure support for individuals with mental illness and a physical condition or substance use disorder. Under the program, grants and cooperative agreements may be awarded to state departments of health, state mental health or addiction agencies, state Medicaid agencies, and health care providers and institutions. Recipients must report to SAMHSA on progress in reducing barriers to integrated care and outcomes for certain patient populations. | {"src": "billsum_train", "title": "Behavioral Health Care Integration Act of 2016"} | 1,838 | 164 | 0.592 | 1.630002 | 0.735418 | 2.608108 | 12.087838 | 0.851351 |
SECTION 1. INCREASE IN LIMITATION ON 1-TIME EXCLUSION OF GAIN FROM SALE
OF PRINCIPAL RESIDENCE.
(a) General Rule.--Paragraph (1) of section 121(b) of the Internal
Revenue Code of 1986 (relating to dollar limitation) is amended by
striking ``$125,000 ($62,500'' and inserting ``$186,000 ($93,000''.
(b) Cost-of-Living Adjustments.--Subsection (b) of section 121 of
such Code is amended by adding at the end thereof the following new
paragraph:
``(4) Cost-of-living adjustments.--In the case of any
taxable year beginning in a calendar year after 1993, each
dollar amount set forth in paragraph (1) 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, by substituting `calendar year
1992' for `calendar year 1989' in subparagraph (B)
thereof.
Any increase determined under the preceding sentence shall be
rounded to the nearest multiple of $1,000.''
(c) Effective Date.--The amendments made by this section shall
apply to any sale or exchange after December 31, 1992.
SEC. 2. INCREASE IN UNIFIED ESTATE AND GIFT TAX CREDITS.
(a) Estate Tax Credit.--
(1) Subsection (a) of section 2010 of the Internal Revenue
Code of 1986 (relating to unified credit against estate tax) is
amended by striking ``$193,500'' and inserting ``the applicable
credit amount''.
(2) Section 2010 of such Code is amended by redesignating
subsection (c) as subsection (d) and by inserting after
subsection (b) the following new subsection:
``(c) Applicable Credit Amount.--For purposes of this section--
``(1) In general.--The applicable credit amount is the
amount of the tentative tax which would be determined under the
rate schedule set forth in section 2001(c) if the amount with
respect to which such tentative tax is to be computed were
$770,000.
``(2) Cost-of-living adjustments.--In the case of any
decedent dying in a calendar year after 1993, the $770,000
amount set forth in paragraph (1) shall be increased by an
amount equal to--
``(A) $770,000, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for such calendar year by
substituting `calendar year 1992' for `calendar year
1989' in subparagraph (B) thereof.
Any increase determined under the preceding sentence shall be
rounded to the nearest multiple of $1,000.''
(3) Paragraph (1) of section 6018(a) of such Code is
amended by striking ``$600,000'' and inserting ``$770,000
(adjusted as provided in section 2010(c)(2))''.
(b) Unified Gift Tax Credit.--Paragraph (1) of section 2505(a) of
such Code is amended by striking ``$193,500'' and inserting ``the
applicable credit amount in effect under section 2010(c) for such
calendar year''.
(c) Effective Date.--The amendments made by this section shall
apply to the estates of decedents dying, and gifts made, after December
31, 1992.
SEC. 3. REDUCTION IN CAPITAL GAINS TAX FOR INDIVIDUALS.
(a) General Rule.--Part I of subchapter P of chapter 1 of the
Internal Revenue Code of 1986 is amended by adding at the end thereof
the following new section:
``SEC. 1202. DEDUCTION FOR CAPITAL GAINS.
``(a) General Rule.--If, for any taxable year, a taxpayer other
than a corporation has a net capital gain, an amount equal to 50
percent of the net capital gain shall be allowed as a deduction.
``(b) Estates and Trusts.--In the case of an estate or trust, the
deduction under subsection (a) shall be computed by excluding the
portion (if any) of the gains for the taxable year from sales or
exchanges of capital assets which, under sections 652 and 662 (relating
to inclusions of amounts in gross income of beneficiaries of trusts),
is includible by the income beneficiaries as gain derived from the sale
or exchange of capital assets.''
(b) Minimum Tax.--Section 56(b) of such Code is amended by adding
at the end thereof the following new paragraph:
``(4) Capital gains deduction disallowance.--The deduction
under section 1202 shall not be allowed.''
(c) Conforming Amendments.--
(1) Subsection (h) of section 1 of such Code is hereby
repealed.
(2) Section 62(a) of such Code is amended by inserting
after paragraph (13) the following new paragraph:
``(14) Capital gains deduction.--The deduction allowed by
section 1202.''
(3) Clause (ii) of section 163(d)(4)(B) of such Code is
amended by inserting ``, reduced by the amount of any deduction
allowable under section 1202 attributable to gain from such
property'' after ``investment''.
(4) Section 170(e)(1)(B) of such Code is amended by
inserting ``(or, in the case of a taxpayer other than a
corporation, 50 percent of the amount of gain)'' after ``the
amount of gain''.
(5)(A) Section 172(d)(2) of such Code is amended to read as
follows:
``(2) Capital gains and losses of taxpayers other than
corporations.--In the case of a taxpayer other than a
corporation--
``(A) the amount deductible on account of losses
from sales or exchanges of capital assets shall not
exceed the amount includible on account of gains from
sales or exchanges of capital assets; and
``(B) the deduction provided by section 1202 shall
not be allowed.''
(B) Subparagraph (B) of section 172(d)(4) of such Code is
amended by inserting ``, (2)(B),'' after ``paragraph (1)''.
(6)(A) Section 221 of such Code is amended to read as
follows:
``SEC. 221. CROSS REFERENCES.
``(1) For deduction for net capital
gain, see section 1202.
``(2) For deductions in respect of a
decedent, see section 691.''
(B) The table of sections for part VII of subchapter B of
chapter 1 is amended by striking ``reference'' in the item
relating to section 221 and inserting ``references''.
(7) Paragraph (4) of section 642(c) of such Code is amended
to read as follows:
``(4) Adjustments.--To the extent that the amount otherwise
allowable as a deduction under this subsection consists of gain
from the sale or exchange of capital assets held for more than
1 year, proper adjustment shall be made for any deduction
allowable to the estate or trust under section 1202 (relating
to deduction for net capital gain). In the case of a trust, the
deduction allowed by this subsection shall be subject to
section 681 (relating to unrelated business income).''
(8) Paragraph (3) of section 643(a) of such Code is amended
by adding at the end thereof the following new sentence: ``The
deduction under section 1202 (relating to deduction for net
capital gain) shall not be taken into account.''.
(9) Paragraph (6)(C) of section 643(a) of such Code is
amended--
(A) by inserting ``(i)'' before ``there'', and
(B) by inserting ``, and (ii) the deduction under
section 1202 (relating to deduction for excess of
capital gains over capital losses)'' before the period
at the end thereof.
(10) Paragraph (4) of section 691(c) of such Code is
amended by striking ``1(h), 1201'' and inserting ``1201,
1202,''.
(11) The second sentence of paragraph (2) of section 871(a)
of such Code is amended by inserting ``such gains and losses
shall be determined without regard to section 1202 (relating to
deduction for net capital gain) and'' after ``except that''.
(12)(A) Subparagraph (B) of section 904(b)(2) of such Code
is amended by striking so much of such subparagraph as precedes
clause (i) and inserting the following:
``(B) Special rules where corporate capital rate
gain differential.--In the case of a corporation, for
any taxable year for which there is a capital gain rate
differential--''.
(B) Subparagraphs (D) and (E) of section 904(b)(3) of such
Code are amended to read as follows:
``(D) Capital gain rate differential.--There is a
capital gain rate differential for any taxable year if
any rate of tax imposed by section 11, 511, or 831(a)
or (b) (whichever applies) exceeds the alternative rate
of tax under section 1201(a) (determined without regard
to the last sentence of section 11(b)(1)).
``(E) Rate differential portion.--The rate
differential portion of foreign source net capital
gain, net capital, or the excess of net capital gain
from sources within the United States over net capital
gain, as the case maybe, is the same proportion of such
amount as--
``(i) the excess of the highest rate of tax
specified in section 11(b)(1) over the
alternative rate of tax under section 1201(a),
bears to
``(ii) the highest rate of tax specified in
section 11(b)(1).''
(13) Section 1402(i)(1) of such Code is amended to read as
follows:
``(1) In general.--In determining the net earnings from
self-employment of any options dealer or commodities dealer--
``(A) notwithstanding subsection (a)(3)(A), there
shall not be excluded any gain or loss (in the normal
course of the taxpayer's activity of dealing in or
trading section 1256 contracts) from section 1256
contracts or property related to such contracts, and
``(B) the deduction provided by section 1202 shall
not apply.''
(d) Clerical Amendment.--The table of sections for part I of
subchapter P of chapter 1 of such Code is amended by adding at the end
thereof the following new item:
``Sec. 1202. Deduction for capital
gains.''
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Amends the Internal Revenue Code to increase the limitation on the one-time exclusion of gain from the sale of a principal residence by an individual who has attained age 55 and provide a cost-of-living adjustment for such amount.
Increases the unified credit against the estate tax and the unified credit against the gift tax and provides a cost-of-living adjustment for such credits.
Reduces the capital gains tax for a taxpayer other than a corporation by allowing the deduction of 50 percent of the net capital gain. Provides for computing such deduction for estates and trusts. Disallows such deduction against the minimum tax. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to increase the dollar limitation on the 1-time exclusion of gain from sale of a principal residence by individuals who have attained age 55, to increase the amount of the unified estate and gift tax credits, and to reduce the tax on capital gains."} | 2,450 | 137 | 0.519036 | 1.377261 | 0.589982 | 2.4 | 18.2 | 0.866667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect American Voters Act of
2004''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Prior to the 2000 Presidential election, which was
decided by only 547 votes in Florida, several Florida counties
purged their voting rolls of just under 58,000 people who
supposedly had committed felonies and were therefore forbidden
to vote by Florida law. Those removed from the voting rolls
received no notification and were given no chance to appeal the
decision.
(2) After the election, it was learned that thousands of
Floridians had been mistakenly included on the list of
convicted felons used to purge the voter rolls and were
incorrectly denied their right to vote.
(3) Purging voting rolls of felons can be a difficult and
confusing process for State election officials. Many States do
not keep comprehensive data sets of convicted felons.
Furthermore, there have been numerous documented instances in
which States have incorrectly purged voters because their names
were similar to convicted felons, because State records did not
distinguish between arrests and convictions, or due to simple
clerical errors.
(4) The risk that innocent Americans may be mistakenly
denied their Constitutional right to vote is still very real
and places the legitimacy of future elections at risk.
SEC. 3. NOTICE AND REVIEW REQUIREMENTS FOR REMOVAL OF INDIVIDUALS FROM
OFFICIAL LIST OF ELIGIBLE VOTERS BY REASON OF CRIMINAL
CONVICTION OR MENTAL INCAPACITY.
(a) In General.--Section 8 of the National Voter Registration Act
of 1993 (42 U.S.C. 1973gg-6) is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following new
subsection:
``(j) Notice and Review Requirements for Removal of Individuals
From List of Eligible Voters by Reason of Criminal Conviction or Mental
Incapacity.--
``(1) Minimum notice prior to removal.--
``(A) In general.--In addition to any other
requirements applicable under this section, a State may
not remove a registrant from the official list of
eligible voters for an election for Federal office by
reason of criminal conviction or mental incapacity
unless the State provides the registrant with a notice
of removal meeting the requirements of subparagraph (B)
not later than 30 days before the date of the election.
``(B) Requirements for notice.--The notice required
under this subparagraph shall be sent by forwardable
mail, and shall include the following:
``(i) A statement that the State intends to
remove the registrant from the official list of
eligible voters for elections for Federal
office.
``(ii) A description of the reasons for
removal, including (in the case of an
individual proposed to be removed by reason of
criminal conviction) sufficient identifying
information on the criminal conviction alleged
to be the basis for removal to enable the
registrant to determine whether the registrant
was convicted of the offense cited in the
notice.
``(iii) A statement that the registrant may
obtain a review of the removal from an
appropriate State election official in
accordance with paragraph (2).
``(iv) A postage pre-paid and pre-addressed
envelope and a clear list of contact
information for the appropriate state election
official that includes a mailing address,
telephone number, and fax number.
``(2) Review of decision to remove.--
``(A) In general.--A registrant who receives a
notice of removal under paragraph (1) may submit a
written request to an appropriate State election
official to withdraw the notice and retain the
registrant on the official list of eligible voters, and
may include in the request such information and
evidence as the registrant considers appropriate to
show that the registrant is not subject to removal from
the list under State law, including information and
evidence showing that the registrant was not convicted
of the criminal offense cited in the notice (in the
case of an individual proposed to be removed by reason
of criminal conviction).
``(B) Response by state.--Not later than 10 days
after receiving a request from a registrant under
subparagraph (A), the State shall review the
information and evidence included and accept or reject
the request, and shall notify the registrant in writing
of its decision.
``(3) Opportunity to cast provisional ballot.--Any
registrant who receives a notice of removal under paragraph (1)
and believes that the removal decision was made in error shall
be permitted to cast a provisional ballot in an election for
Federal office in accordance with section 302(a) of the Help
America Vote Act of 2002.''.
(b) Conforming Amendment.--Section 8(a)(3)(B) of such Act (42
U.S.C. 1973gg-6(a)(3)(B)) is amended by striking ``State law,'' and
inserting ``State law and consistent with the requirements of
subsection (j),''.
(c) Effective Date.--The amendments made by this Act shall apply
with respect to the regularly scheduled general election for Federal
office in November 2004 and each succeeding election for Federal
office.
SEC. 4. RULE OF CONSTRUCTION.
Nothing in this Act or any amendment made by this Act may be
construed--
(1) to affect the right of any individual to cast a
provisional ballot under section 302(a) of the Help America
Vote Act of 2002; or
(2) to prohibit any State from providing individuals
threatened with removal from the official list of eligible
voters in the State with greater protections than those
required under section 8(j) of the National Voter Registration
Act of 1993 (as added by section 2(a)). | Protect American Voters Act of 2004 - Amends the National Voter Registration Act of 1993 to require States to provide notice and an opportunity for review before removing any individual from the official list of eligible voters for elections for Federal office by reason of criminal conviction or mental incapacity. | {"src": "billsum_train", "title": "To amend the National Voter Registration Act of 1993 to require States to provide notice and an opportunity for review prior to removing any individual from the official list of eligible voters by reason of criminal conviction or mental incapacity."} | 1,305 | 61 | 0.51956 | 1.37499 | 1.140913 | 3.666667 | 22.784314 | 0.921569 |
SECTION 1. TRANSFER OF PROPERTY.
(a) Property Transfer.--If the State of Florida transfers all
right, title, and interest of that State in and to the property
described in subsection (b)(1), the Secretary of the Interior shall
immediately thereafter transfer to the State of Florida all right,
title, and interest of the United States in and to the property
described in subsection (b)(2).
(b) Property Descriptions.--
(1) Florida state property.--The property which the
Secretary is authorized to accept from the State of Florida
pursuant to subsection (a) is described as follows:
Commencing at the Northwest corner of Section 35, Township 55 South,
Range 40 East, Tallahassee Meridian; thence Easterly 1,978.35 feet,
more or less, along the North line of said Section 35 to a point on the
center line of Old Cutler Road, as shown on Sheet 11, of 14 sheets of
Part three of the drawings titled, Metropolitan Dade County, Florida,
Bulkhead Line, and recorded in Plat Book No. 74, page 3 of the Public
Records of Dade County, Florida, dated February 23, 1962; thence
Southwesterly along the center line of said Old Cutler Road 2,700 feet,
more or less, to the point of intersection with the center line of S.W.
176 Street; thence Easterly along the extension of the center line of
S.W. 176 Street bearing North 87 deg.39'08'' East, 900 feet, more or
less, to the Mean High Water Line of Biscayne Bay; thence continuing
North 87 deg.38'08'' East to the East Line of the S.W. \1/4\ of said
Section 35; thence South 80 deg.53'53'' East 30,000 feet, more or less,
to a point on the East line of the Intracoastal Waterway; thence
Northeasterly along the Intracoastal Waterway 28,950 feet, more or
less, to a point of intersection of Latitude 25 deg.40'16'' North and
the point of beginning; thence Northeasterly along the Intracoastal
Waterway 206 feet, more or less, to the intersection of Latitude
25 deg.40'18'' North; thence East along said Latitude 25 deg.40'18''
North 6,455 feet, more or less, to a point on the Southwest side of a
cable area lying generally South of Cape Florida (said cable area shown
on the National Oceanic and Atmospheric Administration Nautical Chart
11,451); thence Southeasterly along the Southwest side of the cable
area 225 feet, more or less, to the intersection of Latitude
25 deg.40'16'' North; thence West along said Latitude 25 deg.40'16''
North 6,600 feet, more or less, to the point of beginning.
(2) Federal property.--The property which the Secretary is
authorized to transfer to the State of Florida pursuant to
subsection (a) is described as follows:
#1 The site is a circular, approximate one-half acre, parcel of
sovereignty land in Biscayne Bay with a radius of 83.25 feet. The
center of said parcel is located by the following bearings:
Cape Florida Lighthouse bears North 41 deg.57' East;
Fowey Rocks Light bears South 56 deg.58' East;
Center of Soldier Key bears South 19 deg.46' East.
#2 The site is a circular, approximate one-half acre, parcel of
sovereignty land in Biscayne Bay with a radius of 83.25 feet. The
center of said parcel is located by the following bearings:
Cape Florida Lighthouse bears North 55 deg.27' East;
Fowey Rocks Light bears South 52 deg.29' East;
Center of Soldier Key bears South 17 deg.12' East.
#3 The site is a circular, approximate one-half acre, parcel of
sovereignty land in Biscayne Bay with a radius of 83.25 feet. The
center of said parcel is located by the following bearings:
Cape Florida Lighthouse bears North 55 deg.27' East;
Fowey Rocks Light bears South 52 deg.29' East;
Center of Soldier Key bears South 17 deg.12' East.
#4 The site is a circular, approximate one-half acre, parcel of
sovereignty land in Biscayne Bay with a radius of 83.25 feet. The
center of said parcel is located by the following bearings:
Cape Florida Lighthouse bears North 41 deg.47' East;
Fowey Rocks Light bears South 47 deg.55' East;
Center of Soldier Key bears South 7 deg.53' East.
#5 The site is a circular, approximate one-half acre, parcel of
sovereignty land in Biscayne Bay with a radius of 83.25 feet. The
center of said parcel is located by the following bearings:
Cape Florida Lighthouse bears North 42 deg.20' East;
Fowey Rocks Light bears South 51 deg.41' East;
Center of Soldier Key bears South 10 deg.01' East.
#6 The site is a circular, approximate one-half acre, parcel of
sovereignty land in Biscayne Bay with a radius of 83.25 feet. The
center of said parcel is located by the following bearings:
Cape Florida Lighthouse bears North 38 deg.12' East;
Fowey Rocks Light bears South 47 deg.09' East;
Center of Soldier Key bears South 6 deg.26' East.
#7 The site is a circular, approximate one-half acre, parcel of
sovereignty land in Biscayne Bay with a radius of 83.25 feet. The
center of said parcel is located by the following bearings:
Cape Florida Lighthouse bears North 45 deg.06' East;
Fowey Rocks Light bears South 45 deg.48' East;
Center of Soldier Key bears South 5 deg.58' East.
#8 The site is a circular, approximate one-half acre, parcel of
sovereignty land in Biscayne Bay with a radius of 83.25 feet. The
center of said parcel is located by the following bearings:
Cape Florida Lighthouse bears North 35 deg.44' East;
Fowey Rocks Light bears South 51 deg.07' East;
Center of Soldier Key bears South 10 deg.03' East.
#9 The site is a circular, approximate one-half acre, parcel of
sovereignty land in Biscayne Bay with a radius of 83.25 feet. The
center of said parcel is located by the following bearings:
Cape Florida Lighthouse bears North 53 deg.47' East;
Fowey Rocks Light bears South 48 deg.15' East;
Center of Soldier Key bears South 10 deg.50' East.
SEC. 2. ADJUSTMENT OF PARK BOUNDARIES.
Property transferred to the United States pursuant to section 1
shall become, and be administered as, part of Biscayne National Park.
As soon as practicable after such property is transferred to the
Secretary, the Secretary shall adjust the boundaries of the Park to
include such property. | Directs the Secretary of the Interior, upon transfer by the State of Florida of all rights and interest to specified Florida lands, to transfer to Florida immediately all U.S. rights and interest to specified lands in the area of Biscayne Bay, Florida.Makes the property transferred to the United States part of Biscayne National Park, requiring appropriate Park boundary adjustments. | {"src": "billsum_train", "title": "To direct the Secretary of the Interior to make certain adjustments to the boundaries of Biscayne National Park in the State of Florida, and for other purposes."} | 1,603 | 79 | 0.43379 | 1.169651 | 0.545151 | 2.090909 | 19.939394 | 0.787879 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Workforce Protection Act''.
SEC. 2. COMMERCE DEPARTMENT RENAMED AS DEPARTMENT OF TRADE AND
COMMERCE.
(a) In General.--The Department of Commerce is hereby redesignated
the Department of Trade and Commerce, and the Secretary of Commerce or
any other official of the Department of Commerce is hereby redesignated
the Secretary or official, as appropriate, of Trade and Commerce.
(b) Reference to Department, Secretary, etc. of Commerce Deemed
Reference to Department, Secretary, etc. of Trade and Commerce.--Any
reference to the Department of Commerce, the Secretary of Commerce, or
any other official of the Department of Commerce in any law, rule,
regulation, certificate, directive, instruction, or other official
paper in force on the effective date of this Act shall be deemed to
refer and apply to the Department of Trade and Commerce or the
Secretary of Trade and Commerce, respectively.
SEC. 3. TRANSFER OF THE OFFICE OF THE UNITED STATES TRADE
REPRESENTATIVE TO WITHIN THE DEPARTMENT OF COMMERCE AND
TRADE.
Section 141(a) of the Trade Act of 1974 (19 U.S.C. 2171(a)) is
amended by striking ``Executive Office of the President'' and inserting
``Department of Trade and Commerce''.
SEC. 4. TERMINATION OF DEFERRAL TO ELIMINATE TAX BENEFITS FOR OFFSHORE
PRODUCTION.
(a) General Rule.--Paragraph (1) of section 951(a) of the Internal
Revenue Code of 1986 (relating to amounts included in gross income of
United States shareholders) is amended--
(1) by striking ``and'' after the semicolon in subparagraph
(A)(iii);
(2) by striking ``959(a)(2).'' in subparagraph (B) and
inserting ``959(a)(2); and''; and
(3) by adding at the end thereof the following:
``(C) the amount determined under section 956A with respect
to such shareholder for such year (but only to the extent not
excluded from gross income under section 959(a)(3)).''.
(b) Amount of Inclusion.--Subpart F of part III of subchapter N of
chapter 1 of the Internal Revenue Code of 1986 is amended by inserting
after section 956 the following new section:
``SEC. 956A. EARNINGS OF CONTROLLED FOREIGN CORPORATIONS.
``(a) General Rule.--In the case of any controlled foreign
corporation, the amount determined under this section with respect to
any United States shareholder for any taxable year is the lesser of--
``(1) the excess (if any) of--
``(A) such shareholder's pro rata share of the
amount of the controlled foreign corporation's assets
for such taxable year, over
``(B) the amount of earnings and profits described
in section 959(c)(1)(B) with respect to such
shareholder, or
``(2) such shareholder's pro rata share of the applicable
earnings of such controlled foreign corporation determined
after the application of section 951(a)(1)(B).
``(b) Applicable Earnings.--For purposes of this section, the term
`applicable earnings' means, with respect to any controlled foreign
corporation, the sum of--
``(1) the amount referred to in section 316(a)(1) to the
extent such amount was accumulated in taxable years beginning
after February 29, 2004, and
``(2) the amount referred to in section 316(a)(2),
reduced by distributions made during the taxable year and reduced by
the earnings and profits described in section 959(c)(1) to the extent
that the earnings and profits so described were accumulated in taxable
years beginning after February 29, 2004.
``(c) Special Rule Where Corporation Ceases To Be Controlled
Foreign Corporation During Taxable Year-.--If any foreign corporation
ceases to be a controlled foreign corporation during any taxable year--
``(1) the determination of any United States shareholder's
pro rata share shall be made on the basis of stock owned
(within the meaning of section 958(a)) by such shareholder on
the last day during the taxable year on which the foreign
corporation is a controlled foreign corporation,
``(2) the amount of such corporation's assets for such
taxable year shall be determined by only taking into account
quarters ending on or before such last day, and
``(3) in determining applicable earnings, the amount taken
into account by reason of being described in paragraph (2) of
section 316(a) shall be the portion of the amount so described
which is allocable (on a pro rata basis) to the part of such
year during which the corporation is a controlled foreign
corporation.
``(d) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the purposes of this section,
including regulations to prevent the avoidance of the provisions of
this section through reorganizations or otherwise.''.
(c) Previously Taxed Income Rules.--
(1) In general.--Subsection (a) of section 959 of the
Internal Revenue Code of 1986 (relating to exclusion from gross
income of previously taxed earnings and profits) is amended by
striking ``or'' at the end of paragraph (1), by adding ``or''
at the end of paragraph (2), and by inserting after paragraph
(2) the following:
``(3) such amounts would, but for this subsection, be
included under section 951(a)(1)(C) in the gross income of,''.
(2) Allocation rules.--
(A) Subsection (a) of section 959 of the Internal
Revenue Code of 1986 is amended by striking ``paragraph
(2)'' in the last sentence and inserting ``paragraphs
(2) and (3)''.
(B) Section 959(f) of the Internal Revenue Code of
1986 is amended--
(i) by striking paragraph (1) and inserting
the following:
``(1) In general.--For purposes of this section--
``(A) amounts that would be included under
subparagraph (B) of section 951(a)(1) (determined
without regard to this section) shall be treated as
attributable first to earnings described in subsection
(c)(2), and then to earnings described in subsection
(c)(3), and
``(B) amounts that would be included under
subparagraph (C) of section 951(a)(1) (determined
without regard to this section) shall be treated as
attributable first to earnings described in subsection
(c)(2) to the extent the earnings so described were
accumulated in taxable years beginning after February
29, 2004, and then to earnings described in subsection
(c)(3).''; and
(ii) by striking ``section 951(a)(1)(B)''
in paragraph (2) and inserting ``subparagraphs
(B) and (C) of section 951(a)(1)''.
(3) Conforming amendment.--Subsection (b) of section 989 of
the Internal Revenue Code of 1986 is amended by striking
``section 951(a)(1)(B)'' and inserting ``subparagraph (B) or
(C) of section 951(a)(1)''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years of foreign corporations beginning after February
29, 2004, and to taxable years of United States shareholders in which
or with which such taxable years of foreign corporations end.
(e) Technical and Conforming Changes.--The Secretary of the
Treasury shall, within 90 days after the date of enactment of this Act,
submit to the Committee on Ways and Means of the House of
Representatives and to the Committee on Finance of the Senate, a draft
of any technical and conforming changes in the Internal Revenue Code of
1986 that are necessary to reflect throughout such Code the changes in
the substantive provisions of law made by this section.
SEC. 5. DISALLOWANCE OF DEDUCTIONS FOR CERTAIN OFFSHORE ROYALTY
PAYMENTS.
(a) In General.--Part IX of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following:
``SEC. 280I. CERTAIN OFFSHORE ROYALTY PAYMENTS.
``(a) In General.--In the case of a corporation, no deduction shall
be allowed for the payment of a royalty to an affiliated entity
organized and operated outside the United States in exchange for the
use of rights to a copyrighted or trademarked product if those rights
were transferred by the corporation or a related party to that entity.
``(b) Exception.--Subsection (a) does not apply to the payment of a
royalty if the taxpayer establishes, to the satisfaction of the
Secretary, that--
``(1) the transfer of the rights to the entity was for a
sound business reason (other than the reduction of liability
for tax under this chapter); and
``(2) the amounts paid or incurred for such royalty
payments are reasonable under the circumstances.''.
(b) Clerical Amendment.--The part analysis for such part is amended
by adding at the end the following:
``280I. Certain offshore royalty payments.''.
(c) Effective Date.--The amendments made by this section apply to
taxable years beginning after December 31, 2003.
SEC. 6. INCREASE IN AUTHORITY OF THE INTERNAL REVENUE SERVICE TO THWART
USE OF TAX HAVENS BY CORPORATIONS.
(a) In General.--Subchapter B of chapter 78 of the Internal Revenue
Code of 1986 is amended by adding at the end the following:
``SEC. 7625. AUTHORITY TO FRUSTRATE USE OF CORPORATE TAX HAVENS.
``(a) In General.--The Secretary is authorized--
``(1) to deny any otherwise allowable deduction or credit
under chapter 1,
``(2) to recharacterize, reallocate, and resource income,
``(3) to recharacterize transactions, and
``(4) to disregard any transaction, trust, or other legal
entity,
determined by the Secretary to be necessary to prevent the use by a
corporation of a tax haven to avoid liability for tax under this
chapter.
``(b) Tax Haven Defined.--In this section, the term `tax haven'
means any country that meets the tax haven criteria established by the
Organization for Economic Co-operation and Development.''.
(b) Conforming Amendment.--The subchapter analysis for subchapter B
of chapter 78 of the Internal Revenue Code of 1986 is amended by adding
at the end the following:
``6725. Authority to frustrate use of corporate tax havens.''.
SEC. 7. ASSISTANT ATTORNEY GENERAL FOR TRADE.
(a) Position Established.--The Attorney General shall appoint an
Assistant Attorney General for Trade.
(b) Duties.--The Assistant Attorney General for Trade shall--
(1) investigate anticompetitive conduct by foreign
companies that has an adverse impact on the economy of the
United States (including manufacturing, agriculture, and
employment) or the global competitiveness of United States
companies;
(2) investigate violations of international trade
agreements to which the United States is a party that have an
adverse impact on the economy of the United States (including
manufacturing, agriculture, and employment) or the global
competitiveness of United States companies and take appropriate
action to seek redress or punishment for those violations; and
(3) investigate and initiate appropriate action against
other activities throughout the world that have an adverse
impact on the economy of the United States (including
manufacturing, agriculture, and employment) or the global
competitiveness of United States companies.
(c) Authority Is in Addition to Other Authorities.--The authority
granted to the Assistant Attorney General for Trade by this section is
in addition to, and not in derogation or in lieu of, any authority
provided by law to any other officer or agency of the United States
charged with enforcement of the trade laws of the United States or of
international agreements to which the United States is a party.
(d) Compensation.--Section 5315 of title 5, United States Code, is
amended by striking ``(10)'' in the item relating to Assistant Attorney
General and inserting ``(11)''.
SEC. 8. EMPLOYMENT OF ADDITIONAL CUSTOMS INSPECTORS FOR ILLEGAL
TRANSSHIPMENTS OF TEXTILES.
The Secretary of Homeland Security shall hire, train, and deploy
1,000 customs agents in addition to the number of customs agents
otherwise authorized by law or otherwise employed by the Department of
Homeland Security for the purpose of detecting and preventing illegal
transshipments of textiles to avoid textile import quotas and in
violation of trade agreements to which the United States is a party.
SEC. 9. INCREASED DOMESTIC PRODUCTION OF NATIONAL DEFENSE CRITICAL
GOODS.
(a) In General.--The Secretary of Commerce, in consultation with
the Secretary of Defense, the Director of the Central Intelligence
Agency, the Secretary of State, the Secretary of Homeland Security, and
the Administrator of the Small Business Administration shall develop a
program to encourage and support increased domestic production of goods
and products that are essential or critical to national security in
order to decrease the United States' dependence upon imports of such
goods and products.
(b) Support Program.--The Secretary of Commerce shall implement the
program developed under subsection (a) to the maximum extent feasible
through existing programs, including programs administered by the Small
Business Administration. The Secretary shall transmit to the Congress a
report, within 18 months after the date of enactment of this Act,
describing the program and making such recommendations, including
legislative recommendations, as the Secretary deems necessary for
expanding the scope or improving the efficacy of the program. The
Secretary may submit the report in both classified and redacted form.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Commerce such sums as may be necessary
to carry out the program.
SEC. 10. SENSE OF THE SENATE CONCERNING APPROPRIATIONS FOR CERTAIN
PROGRAMS.
It is the sense of the Senate that the Congress should appropriate
the full amount authorized by law to carry out the Regional Centers for
the Transfer of Manufacturing Technology program under section 25 of
the National Institute of Standards and Technology Act (15 U.S.C. 278k)
and the Advanced Technology Program authorized by section 28 of that
Act (15 U.S.C. 278n).
SEC. 11. TRANSFER OF INTERNATIONAL TRADE COMMISSION FUNCTIONS.
(a) Abolishment of ITC.--Effective on the first day of the seventh
month beginning after the date of enactment of this Act, the United
States International Trade Commission established by section 330 of the
Tariff Act of 1930 (19 U.S.C. 1330) as in effect on the last day of the
sixth month beginning after the date of enactment of this Act is
abolished.
(b) Transfer of Functions.--Except as otherwise provided in this
Act, all functions that on the last day of the sixth month beginning
after the date of enactment of this Act are authorized to be performed
by the United States International Trade Commission are transferred to
the Department of Commerce effective on the first day of the seventh
month beginning after the date of enactment of this Act and shall be
performed by the Assistant Secretary of Commerce for Import
Administration.
(c) Determination of Certain Functions.--If necessary, the Office
of Management and Budget shall make any determination of the functions
that are transferred under this section.
SEC. 12. INCIDENTAL TRANSFERS.
The Director of the Office of Management and Budget, in
consultation with the Secretary of Commerce, shall make such
determinations as may be necessary with regard to the functions,
offices, or portions thereof transferred by this Act, and make such
additional incidental dispositions of personnel, assets, liabilities,
grants, contracts, property, records, and unexpended balances of
appropriations, authorizations, allocations, and other funds held,
used, arising from, available to, or to be made available in connection
with such functions, offices, or portions thereof, as may be necessary
to carry out this Act. The Director shall provide for the termination
of the affairs of all entities terminated by this Act and, in
consultation with the Administrator, for such further measures and
dispositions as may be necessary to effectuate the purposes of this
Act. | Domestic Workforce Protection Act - Renames the Department of Commerce as the Department of Trade and Commerce. Redesignates the Secretary of Commerce or any other official of the Department as the Secretary or official, as appropriate, of Trade and Commerce.
Amends the Trade Act of 1974 to transfer the Office of the U.S. Trade Representatives from the Executive Office of the President to the Department of Trade and Commerce.
Amends the Internal Revenue Code to revise tax rules for determining amounts included in the gross income of U.S. shareholders of controlled foreign corporations.
Disallows a tax deduction for certain royalty payments made by a corporation to an affiliated entity organized and operated outside the United States.
Authorizes the Secretary of the Treasury to deny tax benefits for corporations that attempt to avoid U.S. taxation through the use of tax havens.
Requires the Attorney General to appoint an Assistant Attorney General for Trade.
Provides for employment of additional customs inspectors to detect and prevent illegal transshipments of textiles.
Requires the Secretary of Commerce to develop and implement a program to encourage and support increased domestic production of goods and products essential or critical to national security in order to decrease U.S. dependence upon such imports.
Expresses the sense of the Senate that Congress should appropriate the full amount authorized by law to carry out the Regional Centers for the Transfer of Manufacturing Technology program under the National Institute of Standards and Technology Act and the Advanced Technology Program authorized by that Act.
Abolishes the U.S. International Trade Commission and transfers its functions to the Department of Commerce to be performed by the Assistant Secretary of Commerce for Import Administration. | {"src": "billsum_train", "title": "A bill to rename the Department of Commerce as the Department of Trade and Commerce and transfer the Office of the United States Trade Representative into the Department, to consolidate and enhance statutory authority to protect American jobs from unfair international competition, and for other purposes."} | 3,721 | 355 | 0.497839 | 1.448104 | 0.717299 | 4.58 | 10.856667 | 0.926667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Preparedness and Response
for Individuals With Disabilities Act of 2005''.
TITLE I--EMERGENCY PLANNING AND RESPONSE FOR INDIVIDUALS WITH
DISABILITIES
SEC. 101. DEFINITION.
Section 506 of the Homeland Security Act of 2002 (6 U.S.C. 316) is
amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and realigning the
margin as appropriate; and
(2) by striking ``, the term'' and inserting the following:
``--
``(1) the term `individual with a disability' has the
meaning given the term in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102); and
``(2) the term''.
SEC. 102. DISABILITY COORDINATOR.
(a) In General.--Title V of the Homeland Security Act of 2002 (6
U.S.C. 311 et seq.) is amended by adding at the end the following:
``SEC. 512. DISABILITY COORDINATOR.
``(a) In General.--After consultation with organizations
representing individuals with disabilities and the Interagency
Coordinating Council on Emergency Preparedness and Individuals with
Disabilities established under Executive Order 13347 (6 U.S.C. 312
note), the Secretary shall appoint a Disability Coordinator. The
Disability Coordinator shall report directly to the Secretary, in order
to ensure that the needs of individuals with disabilities are being
properly addressed in emergency preparedness and disaster relief.
``(b) Responsibilities.--The Disability Coordinator shall be
responsible for--
``(1) providing guidance and coordination on matters
related to individuals with disabilities in emergency planning
requirements and relief efforts in the event of a major
disaster;
``(2) interacting directly with Department staff, the
Interagency Coordinating Council on Emergency Preparedness and
Individuals with Disabilities established under Executive Order
No. 13347 (6 U.S.C. 312 note), other agencies of the Federal
Government, and State and local government authorities
regarding the needs of individuals with disabilities in
emergency planning requirements and relief efforts in the event
of a major disaster;
``(3) consulting with organizations that represent the
interests and rights of individuals with disabilities about the
needs of individuals with disabilities in emergency planning
requirements and relief efforts in the event of a major
disaster;
``(4) coordinating and disseminating best practices and
model evacuation plans for individuals with disabilities;
``(5) developing a curriculum for first responder training
on the needs of individuals with disabilities, including the
needs of individuals with physical disabilities and the needs
of individuals with psychiatric disabilities;
``(6) developing training materials for State and local
governmental officials, first responders, and others about the
importance of allowing individuals with disabilities to retain
their durable medical equipment, wheelchairs, service animals,
and other assistive devices, to the maximum extent possible, in
the aftermath of a major disaster;
``(7) working with the Director of the Centers for Medicare
and Medicaid Services, durable medical equipment regional
carriers, manufacturers and suppliers of durable medical
equipment, and medical professionals to draft an emergency
response plan for the temporary loan or replacement of durable
medical equipment in the event of a major disaster;
``(8) ensuring the accessibility of telephone hotlines and
websites regarding emergency preparedness, evacuations, and
disaster relief;
``(9) working with the Chairman of the Federal
Communications Commission to ensure that video programming
distributors, including broadcasters, cable operators, and
satellite television services, make emergency information
accessible to individuals with hearing and vision disabilities;
``(10) coordinating the availability of accessible
transportation options for individuals with disabilities in the
event of an evacuation;
``(11) providing guidance and implementing policies to
ensure that the rights and wishes of individuals with
disabilities regarding post-evacuation residency and relocation
are respected;
``(12) ensuring that meeting the needs of individuals with
disabilities are included in any Federal emergency response
plans; and
``(13) any other duties relevant to emergency preparedness
an response for individuals with disabilities.''.
(b) Technical and Conforming Amendments.--The Homeland Security Act
of 2002 (6 U.S.C. 101 et seq.) is amended--
(1) by redesignating the second section designated as
section 510 as section 511; and
(2) in the table of contents, by inserting after the item
relating to section 509 the following:
``Sec. 510. Procurement of security countermeasures for
Strategic National Stockpile.
``Sec. 511. Urban and other high risk area communications
capabilities.
``Sec. 512. Disability Coordinator.''.
SEC. 103. TEMPORARY HOUSING.
Section 408(c)(1)(B) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174(c)(1)(B)) is amended by--
(1) redesignating clauses (ii) and (iii) as clauses (iii)
and (iv) respectively; and
(2) inserting after clause (i) the following:
``(ii) Accessible temporary housing.--In
the event temporary housing units, including
trailers, are provided under clause (i), not
less than 30 percent of such temporary housing
shall be physically accessible to and usable by
individuals with disabilities, and the
accessible units shall be integrated with other
available housing units.''.
SEC. 104. RIGHT OF INDIVIDUALS WITH DISABILITIES TO LIVE INDEPENDENTLY.
Section 308 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5151) is amended by adding at the end the
following:
``(c) Individuals With Disabilities.--Personnel carrying out
Federal assistance functions under subsection (a) and governmental
bodies and other organizations providing assistance under subsection
(b) shall exert maximum effort to ensure that individuals with
disabilities (as defined in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102)) who were living
independently before evacuating their homes are offered housing
alternatives with comparable independence.''.
SEC. 105. GAO STUDY ON ACCESSIBILITY OF EMERGENCY SHELTERS.
(a) In General.--The Comptroller General of the United States shall
conduct a national study regarding whether, and, if so, to what extent,
emergency shelters for use in response to a major disaster, as that
term is defined in section 102(2) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122(2)) are accessible
to, and usable by, individuals with disabilities.
(b) Report.--Not later than 12 months after the date of enactment
of this Act, the Comptroller General of the United States shall submit
a report summarizing the results of this study to the Committee on
Homeland Security and Governmental Affairs and the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Homeland Security and the Committee on Education and the Workforce of
the House of Representatives.
TITLE II--INCREASING ACCESSIBILITY OF REPLACEMENT HOUSING
SEC. 201. AMOUNT OF ASSISTANCE AVAILABLE.
(a) In General.--Section 408(c)(3) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(c)(3)) is
amended by adding at the end the following:
``(D) Additional assistance for enhanced
accessibility.--The maximum amount of assistance
provided to a household under this paragraph may be
increased by $5,000 if the owner of the residence
involved agrees to comply with the increased
accessibility standards described in paragraph (5).''.
(b) Maximum Amounts.--Section 408(h)(1) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(h)(1)) is
amended by striking ``$25,000'' and inserting ``$30,000''.
(c) Small Businesses.--Section 7(b) of the Small Business Act (15
U.S.C. 636(b)) is amended by inserting immediately after paragraph (3)
the following:
``(4) Accessibility of replacement housing.--
Notwithstanding any other provision of law, the Administrator
may increase the maximum amount of a loan under this subsection
by not more than 10 percent if--
``(A) the loan is for replacement of a private
residence; and
``(B) the owner agrees to comply with the increased
accessibility standards described in paragraph (5) of
section 408(c) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5174(c)).''.
(d) Clerical Amendments.--Section 7(b) of the Small Business Act
(15 U.S.C. 636(b)) is amended in the undesignated matter at the end--
(1) in the sentence beginning ``In the Administration of
the disaster loan program'', by striking ``, (2), and (4)'' and
inserting ``and (2)''; and
(2) in the sentence beginning ``A State grant made on or
prior to July 1, 1979'', by striking ``, (2), or (4)'' and
inserting ``or (2)''.
SEC. 202. ACCESSIBILITY STANDARDS.
Section 408(c) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174(c)) is amended by adding at
the end the following:
``(5) Increased accessibility standards for replacement
housing.--
``(A) In general.--The increased accessibility
standards described in this paragraph include features
that allow a residence to be accessible to, and usable
by, an individual with a disability (including a person
who uses a wheelchair).
``(B) Minimum requirements.--The accessible
features described in this paragraph include, at a
minimum--
``(i) an accessible pathway from outside of
the residence to an accessible entrance;
``(ii) an accessible entrance;
``(iii) an accessible pathway that connects
the accessible entrance to the accessible
features within the residence;
``(iv) accessible interior doors;
``(v) accessible environmental controls;
``(vi) an accessible sleeping area;
``(vii) an accessible bathing area;
``(viii) an accessible bathroom that
includes an accessible toileting area;
``(ix) an accessible kitchen; and
``(x) accessible living space.
``(C) Location.--The interior accessible features
described in subparagraph (B) shall either be located
on 1 level of the residence or connected to each other
in a manner that allows their independent use by an
individual with a disability (including a person who
uses a wheelchair).
``(D) Standards.--
``(i) In general.--Not later than 12 months
after the date of enactment of this paragraph,
the Architectural and Transportation Barriers
Compliance Board shall issue and publish
standards setting forth the minimum technical
criteria necessary to implement the
requirements set forth in this paragraph. The
Architectural and Transportation Barriers
Compliance Board shall periodically review and,
as appropriate, amend the standards.
``(ii) Interim standards.--If a State or
locality has an ordinance, statute, or
regulation that provides for increased housing
accessibility standards comparable to those in
subparagraph (B), residents of that State or
locality who agree to meet the standards shall
be eligible for the increased funds available
under paragraph (3)(D) of this subsection and
paragraph (4) of section 7(b) of the Small
Business Act (15 U.S.C. 636(b)), until such
time as the Architectural and Transportation
Barriers Compliance Board issues and publishes
its standards under clause (i).
``(6) Enforcement of accessibility standards.--
``(A) Requirement for additional assistance for
enhanced accessibility.--Each applicant for additional
assistance for enhanced accessibility under paragraph
(3)(D) of this subsection or section 7(b)(4) of the
Small Business Act shall submit an assurance to the
Federal Emergency Management Agency that the residence
described in paragraph (3)(D) of this subsection or
section 7(b)(4) of the Small Business Act, as the case
may be (referred to in this paragraph as `replacement
housing'), shall be constructed in compliance with the
increased accessibility standards described in
paragraph (5).
``(B) Approval of architectural and construction
plans.--
``(i) Submission.--Each applicant for
additional assistance for enhanced
accessibility under paragraph (3)(D) of this
subsection or section 7(b)(4) of the Small
Business Act shall submit architectural and
construction plans for the proposed replacement
housing to the appropriate State or local
agency.
``(ii) Federal housing assistance.--The
Secretary of Homeland Security and the Director
of the Federal Emergency Management Agency
shall not provide any financial assistance
under this Act to a State or unit of general
local government (or any agency thereof) unless
the appropriate State or local agency is, in
the determination of such Secretary or
Director, taking the enforcement actions
described in clause (iii).
``(iii) Enforcement actions.--The
enforcement actions described in this clause
are--
``(I) reviewing any plans for
proposed replacement housing submitted
under clause (i) and approving or
disapproving such plans based upon
compliance of the replacement housing
with the requirements of paragraph (5);
and
``(II) consistent with applicable
State or local laws and procedures,
withholding final approval for
construction or occupancy of the
replacement housing unless and until
such compliance is achieved.
``(iv) Enforcement by attorney general.--
Whenever the Attorney General has reasonable
cause to believe that any person or group of
persons has violated this paragraph or
paragraph (5), the Attorney General may
commence a civil action in any appropriate
United States district court.
``(v) Relief.--In any civil action brought
under clause (iv), if the court finds that a
violation of this paragraph or paragraph (5)
has occurred or is about to occur, the court
may grant any equitable relief that the court
considers to be appropriate, including
temporary, preliminary, or permanent relief.
``(7) Definitions.--In this subsection:
``(A) Appropriate state or local agency.--The term
`appropriate State or local agency' means the State or
local department or agency that is responsible, under
applicable State or local law, for the review and
approval of construction plans for compliance with
generally applicable building codes or requirements.
``(B) Individual with a disability.--The term
`individual with a disability' has the meaning given
the term in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102).''. | Emergency Preparedness and Response for Individuals with Disabilities Act of 2005 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to appoint a Disability Coordinator to ensure that the needs of individuals with disabilities are properly addressed in emergency preparedness and disaster relief efforts in the event of a major disaster.
Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act with respect to: (1) temporary housing for use by individuals with disabilities; and (2) the right of individuals with disabilities to live independently.
Provides for increased accessibility for such individuals of replacement housing built with federal funds following major disasters. | {"src": "billsum_train", "title": "A bill to address the needs of individuals with disabilities in emergency planning requirements and relief efforts in the event of a major disaster, to increase the accessibility of replacement housing built with Federal funds following Hurricane Katrina and other major disasters, and for other purposes."} | 3,343 | 133 | 0.599765 | 1.49498 | 0.633195 | 4.865546 | 25.235294 | 0.932773 |
SECTION 1. ORDINARY AND NECESSARY BUSINESS EXPENSE DEDUCTION FOR
CONTRIBUTIONS TO REGIONAL INFRASTRUCTURE IMPROVEMENT
ZONES.
(a) In General.--Section 162 of the Internal Revenue Code of 1986
(relating to trade or business expenses) is amended by redesignating
subsection (p) as subsection (q) and by inserting after subsection (o)
the following new subsection:
``(p) Contributions to Regional Infrastructure Improvement Zones.--
For purposes of this subtitle--
``(1) In general.--At the election of the taxpayer, any
qualified regional infrastructure improvement zone contribution
made by such taxpayer in any taxable year--
``(A) shall be treated as an ordinary and necessary
expense paid or incurred during such taxable year in
carrying on a trade or business,
``(B) shall not be treated as chargeable to capital
account, and
``(C) shall not be treated as a charitable
contribution for purposes of section 170.
``(2) Qualified regional infrastructure improvement zone
contribution.--For purposes of this subsection--
``(A) In general.--The term `qualified regional
infrastructure improvement zone contribution' means any
contribution to a qualified regional infrastructure
improvement zone--
``(i) by a taxpayer using real property
(whether owned or leased) within such zone,
``(ii) used for public infrastructure
located within such zone--
``(I) which is provided for in the
long-range infrastructure plans for
such zone approved by the multi-
jurisdictional regional planning
organization which created and
designated such zone, or
``(II) which is consistent with any
other long-range plans and is certified
by the chief executive of, and the
local governments represented by, such
organization as appropriate and clearly
beneficial to the public.
``(B) Qualified regional infrastructure improvement
zone.--
``(i) In general.--The term `qualified
regional infrastructure improvement zone' means
any zone--
``(I) created and designated by a
multi-jurisdictional regional planning
organization empowered under Federal,
State or local laws to perform such
planning, through the filing of a
certificate of designation with the
Secretary or the Secretary's designee
and with the Attorney General of each
State in which the proposed zone is to
be located,
``(II) located only within the
boundaries of the political
subdivisions represented by such
organization, and
``(III) administered by an
incorporated or unincorporated
association designated by the such
organization, the members of which are
businesses and individuals--
``(aa) located within the
proposed zone or political
subdivisions the boundaries of
which include all or any
portion of the proposed zone,
and
``(bb) who voluntarily join
such association.
``(ii) Zone establishment in absence of
multi-jurisdictional regional planning
organization.--In the absence of a multi-
jurisdictional regional planning organization,
such term means any zone created and designated
by any local government or consortia of local
governments certifying to the Secretary or the
Secretary's designee that such zone meets the
criteria to be a qualified regional
infrastructure improvement zone in that the
projects within the zone are--
``(I) under the auspices of a local
governmental agency,
``(II) pursuant to a plan of that
agency,
``(III) managed by the agency's
fiscal agent to ensure the
implementation complies with all
Federal, State and local laws, and
``(IV) subject to public review
through at least 2 public hearings.
``(C) Multi-jurisdictional regional planning
organization.--
``(i) In general.--The term `multi-
jurisdictional regional planning organization'
means any regional planning organization
which--
``(I) is governed by a policy board
of local government officials from
units of general local government with
additional representation of other
State, local, business, and community
leaders,
``(II) represents all or part of a
metropolitan statistical area or
micropolitan statistical area,
``(III) is authorized under
Federal, State, or local law to carry
out planning activities.
``(ii) Organizations specifically
included.--Such term shall include--
``(I) any metropolitan planning
organization (as defined by section
134(b) of title 23, United States Code,
or section 5303(b) of title 49, United
States Code),
``(II) any multi-service regional
organization with State and locally
defined boundaries that is accountable
to a unit of general local government,
administers more than one Federal,
State, or local program, performs
planning functions, and provides
professional technical assistance to
the public and the local governments to
which it is accountable,
``(III) any organization of local
elected officials and representatives
that cooperates with the State within
which it is located to plan networks,
and advise officials on planning, in
rural areas that are not represented by
a metropolitan planning organization
and have a population of at least
5,000,
``(IV) any economic development
district (as defined in section 3 of
the Public Works and Economic
Development Act of 1965 (42 U.S.C.
3122), and
``(V) any local development
district (as defined in section
15101(2) of title 40, United States
Code).
``(D) Infrastructure.--The term `infrastructure'
means publicly owned and operated assets, including--
``(i) any highways, roadway, bridges,
public transit systems, or intermodal
transportation,
``(ii) any wastewater, drinking water, or
storm water treatment facility (or facility
related to such a facility), and
``(iii) any green infrastructure relating
to any facility described in clause (ii).
``(3) Termination.--No election with respect to any
contribution may be made under this subsection for any taxable
year beginning more than 5 years after the date of the
enactment of this subsection.''.
(b) Conforming Amendments.--
(1) Section 162(b) of the Internal Revenue Code is amended
by striking ``No deduction'' and inserting ``Except as provided
under subsection (p), no deduction''.
(2) Section 263(a)(1) of such Code is amended by striking
``or'' at the end of subparagraph (K), by striking the period
at the end of subparagraph (L) and inserting ``, or'', and by
adding at the end the following new subparagraph:
``(M) expenditures for which a deduction is allowed
by reason of an election under section 162(p).''.
(3) Section 170(c) of such Code is amended by adding at the
end the following new paragraph:
``(6) Except as provided in section 162(p)(1)(C), a
qualified regional infrastructure improvement zone (as defined
in subsection 162(p)) for a purpose described in section
162(p)(2)(A)(ii).''.
(c) Effective Date.--The amendments made by this section shall
apply to contributions made after the date of the enactment of this
Act. | Amends the Internal Revenue Code to allow a taxpayer to elect, during the five-year period after the enactment of this Act, to treat any contribution to a qualified regional infrastructure improvement zone as a tax deductible ordinary and necessary business expense. Defines "qualified regional infrastructure improvement zone" as any zone created and designated by a multi-jurisdictional regional planning organization to undertake public infrastructure improvement projects. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow an ordinary and necessary business expense deduction for contributions to regional infrastructure improvement zones, and for other purposes."} | 1,579 | 91 | 0.581161 | 1.415835 | 1.20453 | 2.72 | 19.76 | 0.853333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Physical Medicine and
Rehabilitation Services Improvement Act of 2006''.
SEC. 2. ACCESS TO PHYSICAL MEDICINE AND REHABILITATION SERVICES
PROVIDED INCIDENT TO A PHYSICIAN.
Section 1862(a)(20) of the Social Security Act (42 U.S.C.
1395y(a)(20)) is amended by striking ``(other than any licensing
requirement specified by the Secretary)'' and inserting ``(other than
any licensing, education, or credentialing requirements specified by
the Secretary)''.
SEC. 3. COVERAGE OF CERTIFIED ATHLETIC TRAINER SERVICES AND CERTIFIED
LYMPHEDEMA THERAPIST SERVICES UNDER PART B OF THE
MEDICARE PROGRAM.
(a) Coverage of Services.--Section 1861 of the Social Security Act
(42 U.S.C. 1395x) is amended--
(1) in subsection (s)(2)--
(A) in subparagraph (Z), by striking ``and'' at the
end;
(B) in subparagraph (AA), by adding ``and'' at the
end; and
(C) by adding at the end the following new
subparagraph:
``(BB) certified athletic trainer services (as defined in
subsection (ccc)(1)) and lymphedema therapist services (as
defined in subsection (ccc)(3)).''; and
(2) by adding at the end the following new subsection:
``Athletic Trainer Services and Lymphedema Therapist Services
``(ccc)(1) The term `athletic trainer services' means services
performed by a certified athletic trainer (as defined in paragraph (2))
under the supervision of a physician (as defined in section 1861(r)),
which the athletic trainer is legally authorized to perform under State
law (or the State regulatory mechanism provided by State law) of the
State in which such services are performed, as would otherwise be
covered if furnished by a physician (as so defined) or as an incident
to a physician's professional service, to an individual--
``(A) who is under the care of a physician (as so defined);
and
``(B) with respect to whom a plan prescribing the type,
amount, and duration of services that are to be furnished to
such individual has been established by a physician (as so
defined).
Such term does not include any services for which a facility or other
provider charges or is paid any amounts with respect to the furnishing
of such services.
``(2) The term `certified athletic trainer' means an individual
who--
``(A) possesses a bachelor's, master's, or doctoral degree
which qualifies for licensure or certification as an athletic
trainer; and
``(B) in the case of an individual performing services in a
State that provides for licensure or certification of athletic
trainers, is licensed or certified as an athletic trainer in
such State.
``(3) The term `certified lymphedema therapist services' means
services performed by a certified lymphedema therapist (as defined in
paragraph (4)) under the supervision of a physician (as defined by
paragraph (1) or (3) of section 1861(r)) which the lymphedema therapist
is legally authorized to perform under State law (or the State
regulatory mechanism provided by the State law) of the State in which
such services are performed, as would otherwise be covered if furnished
by a physician (as so defined) or as incident to a physicians
professional service, to an individual--
``(A) who is under the care of a physician (as so defined);
and
``(B) with respect to whom a plan prescribing the type,
amount, and duration of services that are to be furnished to
such individual has been established by a physician (as so
defined).
Such term does not include any services for which a facility or other
provider charges or is paid any amounts with respect to the furnishing
of such services
``(4) The term `certified lymphedema therapist' means an individual
who--
``(A) possesses a current unrestricted license as a health
professional in the State in which he or she practices;
``(B) after obtaining such a license, has successfully
completed 135 hours of Complete Decongestive Therapy coursework
which consists of theoretical instruction and practical
laboratory work utilizing teaching methods directly aimed at
the treatment of lymphatic and vascular disease from a
lymphedema training program recognized by the Secretary for
purposes of certifying lymphedema therapists; and
``(C) in the case of an individual performing services in a
State that provides for licensure or certification of
lymphedema therapists, is licensed or certified as a lymphedema
therapist in such State.''.
(b) Payment.--
(1) In general.--Section 1832(a)(2)(B) of the Social
Security Act (42 U.S.C. 1395k(a)(2)(B)) is amended by adding at
the end the following new clause:
``(v) athletic trainer services and
lymphedema therapist services; and''.
(2) Amount.--Section 1833(a)(1) of the Social Security Act
(42 U.S.C. 1395l(a)(1)) is amended--
(A) by striking ``and (V)'' and inserting ``(V)'';
and
(B) by inserting before the semicolon at the end
the following: ``, and (W) with respect to athletic
trainer services and lymphedema therapist services
under section 1861(s)(2)(BB), the amounts paid shall be
80 percent of the lesser of the actual charge for the
service or the fee schedule amount under section 1848
for the same service performed by a physician''.
(c) Inclusion of Services in the Therapy Cap.--Services provided by
a certified athletic trainer or a certified lymphedema therapist (as
those terms are defined in section 1861(ccc) of the Social Security
Act, as added by subsection (a)) shall be subject to the limitation on
payments described in section 1833(g) of such Act (42 U.S.C. 1395l(g))
in the same manner those services would be subject to limitation if the
service had been provided by a physician personally.
(d) Inclusion of Athletic Trainers and Lymphedema Therapists as
Practitioners for Assignment of Claims.--Section 1842(b)(18)(C) of the
Social Security Act (42 U.S.C.1395u(b)(18)(C)) is amended by adding at
the end the following new clauses:
``(vii) A certified athletic trainer (as defined in section
1861(ccc)(1)).
``(viii) A certified lymphedema therapist (as defined in
section 1861(ccc)(2)).''.
(e) Coverage of Certain Physical Medicine and Rehabilitation
Services Provided in Rural Health Clinics and Federally Qualified
Health Centers.--
Section 1861(aa)(1)(B) of the Social Security Act (42 U.S.C.
1395x(aa)(1)(B)) is amended by striking ``or by a clinical social
worker (as defined in subsection (hh)(1))'' and inserting ``, by a
clinical social worker (as defined in subsection (hh)(1)), by a
certified athletic trainer (as defined in subsection (ccc)(2)), or by a
certified lymphedema therapist (as defined in subsection (ccc)(4))''.
(f) Effective Date.--The amendments made by this section shall
apply with respect to services furnished on or after January 1, 2007. | Access to Physical Medicine and Rehabilitation Services Improvement Act of 2006 - Amends title XVIII (Medicare) of the Social Security Act to provide for: (1) access to outpatient occupational and physical therapy services provided incident to a physician's professional services if furnished by an educated or credentialed therapist who does not have a license; and (2) coverage of certified athletic trainer services and lymphedema therapist services under part B (Supplementary Medical Insurance) of Medicare, including those provided in rural health clinics and federally qualified health centers. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to provide for improved access to cost-effective, quality physical medicine and rehabilitation services under part B of the Medicare program, and for other purposes."} | 1,795 | 123 | 0.570892 | 1.483611 | 0.639868 | 3.444444 | 14.838384 | 0.858586 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Compliance Act of 2011''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Affected owner or operator.--The term ``affected owner
or operator'' means an owner or operator of an electric utility
steam generating unit that is subject to--
(A) any emissions standard for hazardous air
pollutants from electric utility steam generating units
that the Administrator may promulgate based on the
proposed rule entitled ``National Emission Standards
for Hazardous Air Pollutants From Coal- and Oil-Fired
Electric Utility Steam Generating Units and Standards
of Performance for Fossil-Fuel-Fired Electric Utility,
Industrial-Commercial-Institutional, and Small
Industrial-Commercial-Institutional Steam Generating
Units'' (76 Fed. Reg. 24976 (May 3, 2011)); or
(B) the final rule entitled ``Federal
Implementation Plans: Interstate Transport of Fine
Particulate Matter and Ozone and Correction of SIP
Approvals'' (76 Fed. Reg. 48208 (August 8, 2011)).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. COMPLIANCE PERIOD FOR UTILITY MACT STANDARDS.
(a) Extension of Compliance Date.--
(1) In general.--Notwithstanding title I of the Clean Air
Act (42 U.S.C. 7401 et seq.), the Administrator shall provide
an extension, for the period described in paragraph (2), of the
deadline to comply with any emissions standards for hazardous
air pollutants from electric utility steam generating units
that the Administrator may promulgate based on the proposed
rule entitled ``National Emission Standards for Hazardous Air
Pollutants From Coal- and Oil-Fired Electric Utility Steam
Generating Units and Standards of Performance for Fossil-Fuel-
Fired Electric Utility, Industrial-Commercial-Institutional,
and Small Industrial-Commercial-Institutional Steam Generating
Units'' (76 Fed. Reg. 24976 (May 3, 2011)).
(2) Description of extension period.--The period referred
to in paragraph (1) is a period of not less than an additional
2 years, as measured beginning on the final day of the
applicable 3-year compliance period required under section
112(i)(3)(A) of the Clean Air Act (42 U.S.C. 7412(i)(3)(A)).
(b) Savings Clause.--Nothing in this section modifies, limits, or
otherwise affects the authority to extend the compliance schedule for
any emissions standards described in subsection (a)(1) pursuant to
paragraph (3)(B) or (4) of section 112(i) of the Clean Air Act (42
U.S.C. 7412(i)).
SEC. 4. COMPLIANCE PERIOD FOR CROSS-STATE AIR POLLUTION RULE.
(a) Extension of Compliance Date.--Notwithstanding title I of the
Clean Air Act (42 U.S.C. 7401 et seq.), the Administrator shall--
(1) provide adequate time for each State to adopt and
submit plan revisions under section 110 of that Act (42 U.S.C.
7410) for the implementation of the emissions reductions of
sulfur dioxide and nitrogen oxides from electric utility steam
generating units required by the final rule entitled ``Federal
Implementation Plans: Interstate Transport of Fine Particulate
Matter and Ozone and Correction of SIP Approvals'' (76 Fed.
Reg. 48208 (August 8, 2011)); and
(2) extend the date by which each State shall implement the
emissions reductions required by the rule described in
paragraph (1) until not earlier than--
(A) January 1, 2015, for first phase of the
emissions reductions; and
(B) January 1, 2017, for the second phase of the
emissions reductions.
(b) Savings Clause.--Nothing in this section modifies the effective
date, or otherwise modifies, limits, or affects the emissions reduction
requirements, established by the rule described in subsection (a)(1).
SEC. 5. EXPEDITIOUS IMPLEMENTATION OF EMISSIONS REDUCTIONS.
(a) Implementation Plan.--
(1) Development.--In accordance with subsection (b), each
affected owner or operator shall develop a plan for the
expeditious implementation of the applicable emissions
reduction requirements specified in sections 3 and 4.
(2) Submission.--Not later than December 1, 2012, each
affected owner or operator shall submit to the Administrator
and the Secretary the implementation plan developed under
paragraph (1).
(b) Requirements.--In developing an implementation plan under
subsection (a)(1), an affected owner or operator shall--
(1) include all electric utility steam generating units
under the common control of the affected owner or operator;
(2) designate the units within the plan that are scheduled
for permanent retirement or continued operation through the
planning period ending on December 31, 2018;
(3) in accordance with subsection (c), provide a schedule
that establishes--
(A) in the case of each unit designated for
permanent retirement under paragraph (2), the proposed
date by which the unit will permanently cease all
operations to generate electricity; and
(B) in the case of each unit designated for
continued operation under paragraph (2), the
intermediate milestones and the final completion date
for the implementation of the control measures that are
necessary to achieve compliance with the applicable
emissions reductions requirements specified in sections
3 and 4; and
(4) in accordance with subsection (d), ensure that the
implementation plan does not impair or threaten to impair the
reliability of the local or regional electricity system.
(c) Elements of Schedule.--The schedule required under subsection
(b)(3) shall contain each of the following elements:
(1) In the case of each unit designated for retirement
under subsection (b)(2), a proposed date for the permanent
cessation of all operations to generate electricity in
accordance with a schedule that--
(A) is as expeditious as practicable; but
(B) provides sufficient time for the implementation
of any mitigation measures that may be necessary to
ensure the reliability of the local or regional
electricity system.
(2) In the case of each unit designated for continued
operation under subsection (b)(2)--
(A) a description of the control measures that the
affected owner or operator plans to implement in order
to comply with the applicable emissions reduction
requirements specified in sections 3 and 4;
(B) intermediate milestones (which may include
applying for permits and regulatory approvals,
completing phases of the engineering design, placing
orders for control equipment, commencing construction,
and benchmarks for completion of major phases of
construction) that the affected owner or operator plans
to meet in order to ensure the expeditious
implementation of each control measure identified under
subparagraph (A); and
(C) a proposed date for completion of each control
measure identified under subparagraph (A).
(d) Procedures for Ensuring Electric Reliability.--
(1) Review of draft plan.--
(A) In general.--Not later than July 1, 2012, each
affected owner or operator shall submit a draft
implementation plan to the Electric Reliability
Organization (as defined in section 215(a) of the
Federal Power Act (16 U.S.C. 824o(a)) (referred to in
this section as ``ERO'').
(B) Scope of review.--ERO, in consultation with
appropriate regional reliability organizations, shall--
(i) review each implementation plan
submitted under subparagraph (A);
(ii) assess--
(I) the feasibility of the
implementation of the combined plans
for the region; and
(II) the impacts of the combined
schedules contained in those plans on
the reliability and adequacy of the
bulk power system; and
(iii) recommend any revisions to the
schedules contained in the implementation plans
to provide adequate time for the implementation
of any mitigation measures that may be
necessary to ensure the reliability and
adequacy of the bulk electric system.
(2) Modification of draft plan.--
(A) Consultation.--
(i) In general.--ERO shall consult with
each affected owner or operator that submits a
draft implementation plan under paragraph
(1)(A).
(ii) Revisions.--Based on the consultation
under clause (i), ERO and the affected owner or
operator shall develop any revisions to the
schedule contained in the draft plan of the
affected owner or operator that may be
necessary to address the recommendations
developed by ERO during the review of the draft
plan.
(B) Finalization of draft plan.--The consultations
under this paragraph shall be completed as
expeditiously as practicable to facilitate timely
submission of the plans in accordance with subsection
(a)(2).
(e) Issuance and Implementation of Final Plans.--
(1) Publication.--Not later than 60 days after the date of
submission of a draft plan to ERO under subsection (d)(1)(A),
the Secretary shall publish and submit to the Administrator the
final implementation plan.
(2) Implementation.--Not later than March 31, 2015, and
annually thereafter through 2018, the Secretary shall submit to
the Administrator an annual report that describes the progress
made during the reporting period on the expeditious
implementation of the necessary emissions control measures in a
manner that ensures the reliability of the local and regional
electricity systems.
(f) Annual Reports.--
(1) Requirement.--Not later than December 1, 2014, and
annually thereafter, each affected owner or operator that has
submitted an implementation plan under subsection (a)(2) shall
submit to the Administrator and the Secretary a report
describing the progress made during the reporting period in
implementing the plan, including--
(A) all milestones achieved; and
(B)(i) any deviations from the intermediate
milestones established by the schedule contained in the
plan; and
(ii) all measures carried out to resume
implementation according to that schedule.
(2) Adjustments to implementation plan.--If an affected
owner or operator determines that an adjustment to any
retirement date or the final date for completion of any control
measure is necessary, the affected owner or operator--
(A) may submit to the Administrator and the
Secretary a request for a modification of the schedule
contained in the implementation plan; and
(B) shall develop, review, and obtain approval of
the modified schedule in the same manner as the initial
implementation plan established under this section. | Fair Compliance Act of 2011 - Requires the Administrator of the Environmental Protection Agency (EPA) to provide an extension of at least two years of the deadline to comply with any emissions standards for hazardous air pollutants from electric utility steam generating units that the Administrator may promulgate based on the proposed rule entitled "National Emission Standards for Hazardous Air Pollutants From Coal- and Oil-Fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units."
Requires the Administrator to: (1) provide adequate time for each state to adopt and submit state implementation plan revisions for the implementation of the emissions reductions of sulfur dioxide and nitrogen oxides from electric utility steam generating units required by the final rule entitled "Federal Implementation Plans: Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals"; and (2) extend the date by which each state shall implement such reductions until no earlier than January 1, 2015, for first phase of the emissions reductions and January 1, 2017, for the second phase.
Requires each owner or operator of such unit that is subject to any emissions standard for hazardous air pollutants to submit: (1) a draft implementation plan for the expeditious implementation of the applicable emissions reduction requirements to the Electric Reliability Organization (ERO) by July 1, 2012 for review, (2) a revised plan to the Administrator and the Secretary of Energy (DOE) by December 1, 2012, and (3) a report describing the progress made in implementing the plan to the Administrator and the Secretary by December 1, 2014, and annually thereafter.
Requires the Secretary to submit to the Administrator: (1) a final implementation plan no later than 60 days after submission of a draft plan to ERO, and (2) a report on progress on implementing emissions control measures in a manner that ensures the reliability of the local and regional electricity systems by March 31, 2015, and annually thereafter through 2018. | {"src": "billsum_train", "title": "A bill to provide additional time for compliance with, and coordinating of, the compliance schedules for certain rules of the Environmental Protection Agency."} | 2,308 | 449 | 0.673019 | 2.048792 | 0.716696 | 5.531646 | 5.288608 | 0.95443 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Private Vocational
Partnership Act of 2009''.
SEC. 2. DONATIONS TO SECONDARY SCHOOLS AND COMMUNITY COLLEGES FOR
VOCATIONAL EDUCATION PURPOSES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 45R. DONATIONS TO SECONDARY SCHOOLS AND COMMUNITY COLLEGES FOR
VOCATIONAL EDUCATION PURPOSES.
``(a) In General.--For purposes of section 38, in the case of a
corporation (as defined in section 170(e)(4)(D)), the vocational
education donation credit determined under this section for the taxable
year is an amount equal to the sum of--
``(1) 90 percent of the fair market value of qualified
property donations made during the taxable year, plus
``(2) the aggregate of the intern credit amounts.
``(b) Limitations.--
``(1) Qualified property donations.--The amount allowed as
a credit under subsection (a)(1) shall not exceed $50,000.
``(2) Intern credit amount.--
``(A) In general.--The amount allowed as a credit
under subsection (a)(2) with respect to a qualified
intern shall be the amount equal to $100 multiplied by
the number of months during the taxable year in which
the intern was an employee of the taxpayer.
``(B) Aggregate per intern credit amounts.--The
aggregate amount allowed to the taxpayer as a credit
under subsection (a)(2) for the taxable year shall not
exceed $6,000.
``(c) Qualified Property Donations.--For purposes of this section,
the term `qualified property donations' means a charitable contribution
(as defined in section 170(c)) of tangible personal property if--
``(1) the contribution is to an educational organization
described in section 170(b)(1)(A)(ii) which is a secondary
school, community college, or technical school,
``(2) substantially all of the use of the property by the
donee is for use within the United States for educational
purposes that are related to the purpose or function of the
donee,
``(3) the property is not transferred by the donee in
exchange for money, other property, or services, except for
shipping, installation and transfer costs,
``(4) the property will fit productively into the donee's
education plan,
``(5) the donee's use and disposition of the property will
be in accordance with the provisions of paragraphs (2), (3),
and (4), and
``(6) the property meets such standards, if any, as the
Secretary may prescribe by regulation to assure that the
property meets minimum functionality and suitability standards
for educational purposes.
``(d) Qualified Intern.--For purposes of this section--
``(1) In general.--The term `qualified intern' means an
individual--
``(A) who is enrolled full-time as a student in a
secondary school or community college, and
``(B) who is employed for not more than 20 hours
per week by the taxpayer as part of a vocational
education course approved by such school or college.
``(2) Secondary school.--The term `secondary school' means
a secondary school (as defined by section 9101(38) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801(38)) which offers a program of education in vocational
education.
``(3) Community college.--The term `community college'
means a public or nonprofit private postsecondary regionally
accredited institution that provides not less than a 2-year
program of instruction that is acceptable for full credit
toward a bachelor's degree at an accredited institution and
whose highest degree offered is predominantly the associate
degree.
``(e) Aggregation Rule.--For purposes of subsection (b), all
persons treated as a single employer under subsection (a) or (b) of
section 52 or subsection (n) or (o) of section 414 shall be treated as
one person.
``(f) Coordination With Section 170(b).--The limitation which would
(but for this subsection) apply under section 170(b) for any taxable
year shall be reduced (but not below zero) by the fair market value of
property taken into account in determining the credit allowed under
subsection (a)(1) for such year.''.
(b) Credit To Be Part of General Business Credit.--Subsection (b)
of section 38 of such Code (relating to general business credit) is
amended by striking ``plus'' at the end of paragraph (34), by striking
the period at the end of paragraph (35) and inserting ``, plus'', and
by adding at the end the following new paragraph:
``(36) in the case of a corporation (as defined in section
170(e)(4)(D)), the vocational education donation credit
determined under section 45R(a).''.
(c) Denial of Double Benefit.--Section 280C of such Code (relating
to certain expenses for which credits are allowable) is amended by
adding at the end the following new subsection:
``(g) Vocational Education Donations.--The deduction otherwise
allowed for amounts taken into account under section 45R shall be
reduced by the amount of the credit determined under section 45R(a)
with respect to such amounts.''.
(d) Conforming Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 45Q the following new
item:
``45R. Donations to secondary schools and community colleges for
vocational education purposes.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009. | Public Private Vocational Partnership Act of 2009 - Amends the Internal Revenue Code to allow corporations (other than S corporations, personal holding companies, and service organizations) a general business tax credit for: (1) charitable contributions to secondary schools, community colleges, or technical schools that provide vocational education; and (2) employing interns as part of a vocational education course approved by a secondary school or community college. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a business credit for donations for vocational educational purposes."} | 1,360 | 86 | 0.542726 | 1.32814 | 1.354312 | 2.126582 | 15.227848 | 0.810127 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Monetary Fund Reform
Act of 1998''.
SEC. 2. DEFINITION.
For purposes of this Act, the term ``appropriate congressional
committees'' means the Committee on Foreign Relations and the Committee
on Banking, Housing, and Urban Affairs of the Senate, and the Committee
on International Relations and the Committee on Banking and Financial
Services of the House of Representatives.
TITLE I--INTERNATIONAL MONETARY FUND
SEC. 101. PARTICIPATION IN QUOTA INCREASE.
The Bretton Woods Agreements Act (22 U.S.C. 286-286mm) is amended
by adding at the end the following:
``SEC. 61. QUOTA INCREASE.
``(a) In General.--The United States Governor of the Fund may
consent to an increase in the quota of the United States in the Fund
equivalent to 10,622,500,000 Special Drawing Rights.
``(b) Subject to Appropriations.--The authority provided by
subsection (a) shall be effective only to such extent or in such
amounts as are provided in advance in appropriations Acts.''.
SEC. 102. CONDITIONS FOR RELEASE OF FUNDS.
(a) Limitations on Funding.--Notwithstanding any other provision of
law, any funds appropriated or otherwise made available for an increase
in the quota of the United States in the International Monetary Fund
pursuant to this title shall not be available for such increase until
the Secretary of the Treasury makes the certifications described in
subsection (b) and (c) to the appropriate congressional committees.
(b) Certification Regarding Transparency.--The certification
described in this subsection means a certification by the Secretary of
the Treasury to the appropriate congressional committees that the
United States is taking all necessary and appropriate steps to--
(1) ensure that the internal processes of the IMF become
open and transparent;
(2) strengthen the ability of all countries, Congress, and
the public to obtain timely and accurate information about the
decision making process and other internal processes of the
IMF;
(3) obtain routine release to the public of IMF documents,
including official working papers, past evaluations, all
Letters of Intent, and Policy Framework Papers;
(4) provide for greater accessibility, for both
policymakers and members of the public, of the IMF and its
staff; and
(5) obtain timely and complete publication of the Article
IV consultations conducted by the IMF for each member country.
(c) Certification Regarding Future Lending Standards.--The
certification described in this subsection means a certification by the
Secretary of the Treasury to the appropriate congressional committees
that the International Monetary Fund routinely seeks, as a standard
condition for lending and other uses of the Fund's resources, that
borrower countries be required to--
(1) comply with the borrower country's international
trading obligations including, if applicable, with the
standards of the World Trade Organization;
(2) comply with appropriate international banking and
financial standards and not engage in the pattern or practice
of improper government-directed lending to favored industries,
enterprises, parties, or institutions; and
(3) have or be developing bankruptcy laws and procedures to
provide for liquidation and restructuring of businesses, and
make progress toward assuring nondiscriminatory treatment of
domestic and foreign creditors, debtors, and other concerned
persons.
(d) Report.--Not later than October 1, 1998, and not later than
March 1 of each year thereafter, the Secretary of the Treasury shall
submit to the appropriate congressional committees a report describing
the steps taken by the United States to achieve the objectives set
forth in subsection (b) and progress made toward achieving such
objectives.
TITLE II--NEW ARRANGEMENTS TO BORROW
SEC. 201. NEW ARRANGEMENTS TO BORROW.
Section 17 of the Bretton Woods Agreements Act (22 U.S.C. 286e-2 et
seq.) is amended--
(1) in subsection (a)--
(A) by striking ``and February 24, 1983'' and
inserting ``February 24, 1983, and January 27, 1997'';
and
(B) by striking ``4,250,000,000'' and inserting
``6,712,000,000'';
(2) in subsection (b), by striking ``4,250,000,000'' and
inserting ``6,712,000,000''; and
(3) in subsection (d)--
(A) by inserting ``or the Decision of January 27,
1997,'' after ``February 24, 1983,''; and
(B) by inserting ``or the New Arrangements to
Borrow, as applicable'' before the period at the end. | TABLE OF CONTENTS:
Title I: International Monetary Fund
Title II: New Arrangements to Borrow
International Monetary Fund Reform Act of 1998 -
Title I: International Monetary Fund
- Amends the Bretton Woods Agreement Act to authorize the U.S. Governor of the International Monetary Fund (IMF) to consent, subject to appropriations, to a specified increase in the U.S. IMF quota of Special Drawing Rights. Makes funds available for such increase only if the Secretary of the Treasury makes certain certifications to the appropriate congressional committees regarding transparency of internal IMF procedures and specified standards for future IMF lending to borrower countries.
Title II: New Arrangements to Borrow
- Sets forth conforming amendments for Federal participation in new arrangements to borrow. | {"src": "billsum_train", "title": "International Monetary Fund Reform Act of 1998"} | 1,032 | 179 | 0.584202 | 1.743657 | 0.584955 | 2.190141 | 6.514085 | 0.838028 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Trade Requires Unmitigated
Truth in Health (TRUTH) Act'' .
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The rise of global trade has created both new
commercial opportunities and new health risks.
(2) Governments have the right and responsibility to
protect their countries from the threat of disease.
(3) Trade is responsible for contributing to the rapid
spread of disease around the globe and increases the risk of a
pandemic outbreak.
(4) Those who participate in world trade, therefore, have a
responsibility to promptly report and appropriately respond to
infectious diseases on a timely basis to minimize the potential
for global pandemics.
(5) The World Health Organization has created the World
Health Organization International Health Regulations to
prevent, protect against, and control disease and provide a
public health response to the international spread of disease
in ways that are commensurate with and restricted to public
health risks, and that avoid unnecessary interference with
international traffic and trade.
(6) The failure of countries to be transparent and
responsive to the existence or spread of disease in a country
that is a member of the World Trade Organization threatens the
free flow of goods and services that is a primary objective of
the GATT 1994 and other agreements of the World Trade
Organization.
(7) The experience with the SARS outbreak in 2002 and 2003
should be a clear warning that the system of public health
readiness can be easily compromised by delays in reporting the
earliest cases of an outbreak by a country reluctant to
publicize a problem with an economic downside, no matter the
public health consequences.
(8) If a country fails to abide by regulations which are
designed to prevent, protect against, and control disease and
provide a public health response to the international spread of
disease without unnecessary interference with international
traffic and trade, it may be necessary to take actions against
that country which restrict or otherwise interfere with
international traffic or trade in the best interest of public
health.
SEC. 3. WTO PROPOSAL.
(a) Action by United States Trade Representative.--The United
States Trade Representative shall--
(1) propose to the World Trade Organization that the rights
and obligations of the World Trade Organization should take
into account whether countries are undermining the trade system
by failing to abide by the rules of other international
organizations with regard to public health, specifically the
International Health Regulations of the World Health
Organization; and
(2) include in the proposal options for its implementation,
such as--
(A) provisions that would give members of the World
Trade Organization the right to impose sanctions or
other punitive measures on members that have been found
to violate the International Health Regulations of the
World Health Organization; and
(B) membership criteria for current and potential
members of the World trade Organization that would
include the requirement to uphold the trade system by
abiding by rules of other international organizations
with regard to public health.
(b) Report to Congress.--The United States Trade Representative
shall report to the Congress, not later than 90 days after the date of
the enactment of this Act, and not later than the end of each 90-day
period thereafter, on steps the Trade Representative has taken to carry
out subsection (a), and the results of those steps.
SEC. 4. ANNUAL REPORT ON COUNTRY COMPLIANCE WITH INTERNATIONAL HEALTH
REGULATIONS.
(a) In General.--The Secretary of Health and Human Services shall
transmit to the Speaker of the House of Representatives and the
Committee on Energy and Commerce of the House of Representatives and
the Committee on Health, Education, Labor, and Pensions of the Senate,
not later than December 1, 2006, and not later than December 1 of each
year thereafter, a full and complete report regarding the status of the
compliance with and observance of the International Health Regulations
of the World Health Organization in each country that is a member of
that Organization.
(b) Contents.--Each report under subsection (a) shall include the
following information:
(1) The extent to which each country complies with and
enforces the requirements contained in the International Health
Regulations.
(2) The extent to which each country uses effective
epidemiological principles to detect, reduce, or eliminate the
sources from which infection spreads, to improve sanitation in
and around ports and airports, to prevent the dissemination of
vectors, and, in general, to encourage epidemiological
activities on the national level so that there is little risk
of outside infection establishing itself in that country.
(3) The steps that the Secretary has taken to alter United
States programs or policies with respect to any country because
of unsatisfactory compliance with the International Health
Regulations.
(4) For each country in which the report indicates that the
country's health administration has failed to notify the World
Health Organization within 24 hours of its being informed that
the first case of a disease subject to the International Health
Regulations, that is neither an imported case nor a transferred
case, has occurred in its territory, or, within the subsequent
24 hours, has failed to notify the infected area, the extent to
which the United States has taken or will take action to
encourage such notifications.
(5) The extent to which each country communicates frequent
and detailed information to the World Health Organization about
the presence of plague, cholera, yellow fever, avian influenza,
Severe Acute Respiratory Syndrome (SARS), and any other disease
determined by the Secretary that is present in its country. The
report shall describe whether each country communicates to the
World Health Organization the number of cases and deaths at
least once each week, and the precautions taken to prevent the
spread of the disease, in particular the measures which are
being applied to prevent the spread of the disease to other
territories by vessels, aircraft, trains, road vehicles, other
means of transport, and containers leaving the infected area.
(6) What steps the government of each country has taken to
ensure that ports and airports in its territory have at their
disposal an organization and equipment adequate for the
application of the measures provided for in the International
Health Regulations.
(7) What steps the government of each country has taken to
make available, at as many of the ports and airports in a
territory as practicable, an organized medical and health
service with adequate staff, equipment, and premises, in
particular facilities for the prompt isolation and care of
infected persons, for disinfection, disinsecting, and
deratting, for bacteriological investigation, for the
collection and examination of rodents for plague infection, for
collection of water and food samples and their dispatch to a
laboratory for examination, and for other appropriate measures
provided for by the International Health Regulations. | Global Trade Requires Unmitigated Truth in Health (TRUTH) Act - Requires the U.S. Trade Representative (USTR) to: (1) propose to the World Trade Organization (WTO) that its rights and obligations should take into account whether countries are undermining the trade system by failing to abide by the rules of other international organizations with regard to public health, specifically the International Health Regulations of the World Health Organization; and (2) include in the proposal specified options for its implementation.
Requires the Secretary of Health and Human Services to report to the Speaker of the House of Representatives and specified congressional committees on the status of the compliance with and observance of such Regulations in each member country of the Organization. | {"src": "billsum_train", "title": "To seek the inclusion of certain requirements of the International Health Regulations of the World Health Organization as obligations under the World Trade Organization."} | 1,414 | 160 | 0.551063 | 1.699473 | 0.820212 | 5.207407 | 10.407407 | 0.955556 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wage and Garnishment Equity Act of
2016'' or the ``WAGE Act''.
SEC. 2. ASSIGNMENT OF EARNINGS DEFINED.
Section 302 of the Consumer Credit Protection Act (15 U.S.C. 1672)
is amended by adding at the end the following:
``(d) Assignment.--The term `assignment'--
``(1) means a contractual agreement that constitutes or
contains an assignment (as described in section 444.2(a)(3) of
title 16, Code of Federal Regulations), including an assignment
that is revocable at the will of the individual; and
``(2) does not include an assignment described in paragraph
(ii) or (iii) of section 444.2(a)(3) of title 16, Code of
Federal Regulations.''.
SEC. 3. ADJUSTMENT TO RESTRICTIONS ON GARNISHMENT.
Section 303(a) of the Consumer Credit Protection Act (15 U.S.C.
1673) is amended--
(1) by striking paragraph (1);
(2) in the matter preceding paragraph (2), by striking
``garnishment may not exceed'' and inserting ``garnishment or
assignment may not exceed the lesser of--
``(1) for an individual earning--
``(A) less than or equal to $1,200 (as adjusted for
inflation every 3 years, by notice, to reflect the
change in the Consumer Price Index for All Urban
Consumers published by the Bureau of Labor Statistics)
a workweek, 10 percent of the individual's disposable
earnings for that workweek; or
``(B) more than $1,200 (as adjusted for inflation
every 3 years, by notice, to reflect the change in the
Consumer Price Index for All Urban Consumers published
by the Bureau of Labor Statistics) a workweek, 15
percent of the individual's disposable earnings for
that workweek; or'';
(3) in paragraph (2)--
(A) by striking ``thirty'' and inserting ``80'';
and
(B) by striking the comma at the end and inserting
a period; and
(4) in the matter following paragraph (2), by striking
``whichever is less.''.
SEC. 4. RESTRICTION ON ADVERSE EMPLOYMENT ACTION BECAUSE OF
GARNISHMENT.
(a) In General.--Section 304 of the Consumer Credit Protection Act
(15 U.S.C. 1674) is amended--
(1) by amending the section heading to read as follows:
``restriction on adverse employment action''; and
(2) by striking subsection (a) and inserting the following:
``(a) In General.--No employer may take any adverse employment
action against an employee because the employee's earnings have been
subjected to garnishment or assignment.''.
(b) Table of Contents Amendment.--The table of contents in title
III of the Consumer Credit Protection Act (15 U.S.C. 1671 et seq.) is
amended by striking the item relating to section 304 and inserting the
following:
``304. Restriction on adverse employment action.''.
SEC. 5. STATE LAW WITH RESPECT TO ASSIGNMENTS.
(a) Exemption for State-Regulated Assignments.--
(1) In general.--Section 305 of the Consumer Credit
Protection Act (15 U.S.C. 1675) is amended--
(A) in the section heading, by inserting ``or
assignments'' after ``garnishments'';
(B) by inserting ``or assignments'' after
``garnishments''; and
(C) by inserting ``or assignment'' after
``garnishment''.
(2) Table of contents amendment.--The table of contents in
title III of the Consumer Credit Protection Act (15 U.S.C. 1671
et seq.) is amended by amending the item relating to section
305 to read as follows:
``305. Exemption for State-regulated garnishments or assignments.''.
(b) Effect on State Laws.--Section 307 of such Act (15 U.S.C. 1676)
is amended--
(1) by striking ``State'' and inserting
``State--'';
(2) in paragraph (1), by striking ``garnishments'' each
place such term appears and inserting ``garnishments or
assignments''; and
(3) in paragraph (2), by striking ``garnishment'' and
inserting ``garnishment or assignment''.
SEC. 6. EMPLOYER LIABILITY FOR FAILURE TO GARNISH.
(a) In General.--Title III of the Consumer Credit Protection Act
(15 U.S.C. 1671 et seq.) is amended by adding at the end the following:
``Sec. 308. Delay of garnishment; employer liability
``(a) Delay of Garnishment.--A garnishment order directed at an
employer with fewer than 50 employees may not require such employer to
garnish the earnings of the individual who is the subject of the order
earlier than the later of the following:
``(1) 15 business days after such employer receives the
order.
``(2) 5 business days after the date on which the
individual is regularly scheduled to receive earnings.
``(3) As would otherwise be required by State law or
regulation.
``(b) Employer Liability.--No employer with fewer than 50 employees
shall be liable for failing to respond to a garnishment order unless
such employer--
``(1) has been given written notice that specifies the
nature of the employer's failure to comply with the
requirements of this title; and
``(2) does not correct the failure described in paragraph
(1) within 15 days of receipt of such notice.''.
(b) Table of Contents Amendment.--The table of contents in title
III of the Consumer Credit Protection Act (15 U.S.C. 1671 et seq.) is
amended by adding at the end the following:
``308. Delay of garnishment; employer liability.''.
SEC. 7. EXEMPTION FOR AMOUNTS IN DEPOSIT ACCOUNTS.
(a) In General.--Of the aggregate amount of funds of an individual
in deposit accounts, $10,000 (as adjusted for inflation every 3 years,
by notice, to reflect the change in the Consumer Price Index for All
Urban Consumers published by the Bureau of Labor Statistics) shall be
exempt and immune from attachment or seizure with respect to any
judgment related to a debt.
(b) Inclusion of Accounts.--In this subsection, the term ``deposit
accounts'' shall include any account, as such term is defined in
section 903 of the Electronic Fund Transfer Act (15 U.S.C. 1693a). | Wage and Garnishment Equity Act of 2016 or the WAGE Act This bill amends the Consumer Credit Protection Act to define "assignment" (of wages and earnings) to exclude payroll deductions or preauthorized payment plans and any assignment applicable only to earnings already earned. The bill adjusts the maximum part of a person's aggregate disposable earnings for any workweek that is subject to garnishment or assignment. Such amount shall not exceed the lesser of: (1) 10% of earnings for an individual earning $1200 or less weekly (15% for an individual earning more than $1200), or (2) the amount by which the earnings exceed 80 (currently, 30) times the federal minimum hourly wage in effect. No employer may take any adverse employment action against an employee because the employee's earnings have been subject to garnishment or assignment. The Department of Labor may provide the same exemption from maximum allowable garnishment requirements for state-regulated assignments as it does for state-regulated garnishments. The bill requires specified delays of garnishment pursuant to an order directed at an employer with fewer than 50 employees. Of the aggregate amount of an individual's funds in deposit accounts, $10,000 (as adjusted for inflation every three years) shall be exempt and immune from attachment or seizure for any judgment related to a debt. | {"src": "billsum_train", "title": "WAGE Act"} | 1,561 | 281 | 0.624028 | 1.902717 | 0.718132 | 3.155378 | 5.302789 | 0.812749 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FHA Manufactured Housing Loan
Modernization Act of 2005''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) manufactured housing plays a vital role in providing
housing for low- and moderate-income families in the United
States;
(2) the FHA title I insurance program for manufactured home
loans traditionally has been a major provider of mortgage
insurance for home-only transactions;
(3) the manufactured housing market is in the midst of a
prolonged downturn which has resulted in a severe contraction
of traditional sources of private lending for manufactured home
purchases;
(4) during past downturns the FHA title I insurance program
for manufactured homes has filled the lending void by providing
stability until the private markets could recover;
(5) in 1992, during the manufactured housing industry's
last major recession, over 30,000 manufactured home loans were
insured under title I;
(6) in 2004, fewer than 2,000 manufactured housing loans
were insured under title I;
(7) the dramatic reduction in the use of the title I
program is due primarily to certain structural problems of the
program, which have resulted in refusal by the Government
National Mortgage Association (Ginnie Mae) to accept new
participants into the program since 1989, contributing to
higher loan costs and fewer loan originators;
(8) the loan limits for title I manufactured housing loans
have not been adjusted for inflation since 1992; and
(9) these problems with the title I program have resulted
in an atrophied market for manufactured housing loans, leaving
American families who have the most difficulty achieving
homeownership without adequate financing options for home-only
manufactured home purchases.
(b) Purposes.--The purposes of this Act are--
(1) to provide adequate funding for FHA-insured
manufactured housing loans for low- and moderate-income
homebuyers during all economic cycles in the manufactured
housing industry;
(2) to modernize the FHA title I insurance program for
manufactured housing loans to enhance participation by Ginnie
Mae and the private lending markets;
(3) to adjust the artificially low loan limits for title I
manufactured home loan insurance to reflect the increase in
costs since such limits were last increased in 1992 and to
index the limits to inflation; and
(4) to ensure that the title I manufactured housing loan
insurance program requires no credit subsidy from the Federal
Government.
SEC. 3. EXCEPTION TO LIMITATION ON FINANCIAL INSTITUTION PORTFOLIO.
The second sentence of section 2(a) of the National Housing Act (12
U.S.C. 1703(a)) is amended by striking ``In no case'' and inserting the
following: ``Other than in connection with a manufactured home or a lot
on which to place such a home (or both), in no case''.
SEC. 4. LOAN-TO-VALUE RATIO AND DOWNPAYMENT REQUIREMENT.
Section 2(b) of the National Housing Act (12 U.S.C. 1703(b)) is
amended by adding at the end the following new paragraph:
``(8) Loan-to-value and downpayment limitations on manufactured
housing loans.--No insurance may be granted under this section to any
such financial institution with respect to any obligation representing
any such loan, advance of credit, or purchase by it in connection with
a manufactured home or a lot on which to place a manufactured home (or
both) unless such loan or advance of credit, or any loan or advance of
credit represented by such an obligation--
``(A) involves a principal obligation not exceeding the sum
of--
``(i) the amount of the mortgage insurance premium
paid by the borrower at the time that the loan, advance
of credit, or purchase is made; and
``(ii) 95 percent of the appraised value of the
manufactured home or lot on which to place a
manufactured home (or both) for which the loan or
advance of credit is made; and
``(B) is made to a borrower who has paid in cash or its
equivalent, on account of the manufactured home or lot on which
to place a manufactured home (or both) for which the loan or
advance of credit is made, at least 3 percent of the
Secretary's estimate of the costs of acquisition, alteration,
improvements, lot preparation, or other eligible activity for
which the loan or advance of credit was made (excluding the
amount of the mortgage insurance premium paid by the borrower
at the time that the loan or advance of credit is made).''.
SEC. 5. INSURANCE BENEFITS.
Section 2(b) of the National Housing Act (12 U.S.C. 1703(b)), as
amended by section 4, is further amended by adding at the end the
following new paragraph:
``(9) Insurance benefits for manufactured housing loans.--
``(A) In general.--Any contract of insurance with respect
to loans, advances of credit, or purchases in connection with a
manufactured home or a lot on which to place a manufactured
home (or both) for a financial institution that is executed
under this title before or after the date of the enactment of
the FHA Manufactured Housing Loan Modernization Act of 2005 by
the Secretary shall be conclusive evidence of the eligibility
of such financial institution for insurance, and the validity
of any contract of insurance so executed shall be incontestable
in the hands of the bearer from the date of the execution of
such contract, except for fraud or misrepresentation on the
part of such institution.
``(B) Losses.--With respect only to a loan, advance of
credit, or purchase in connection with a manufactured home or a
lot on which to place such a home (or both), the Secretary
shall otherwise provide for the payment of insurance benefits
under the provisions of this section for losses on such loans,
advances, or purchases according to the same terms, conditions,
procedures, and requirements applicable under section 204 to a
mortgage insured under section 203 covering a manufactured home
(and the site on which it is located).''.
SEC. 6. MAXIMUM LOAN LIMITS.
(a) Dollar Amounts.--Section 2(b)(1) of the National Housing Act
(12 U.S.C. 1703(b)(1)) is amended--
(1) in subparagraph (A)(ii), by striking ``$17,500'' and
inserting ``$24,500'';
(2) in subparagraph (C) by striking ``$48,600'' and
inserting ``$68,040'';
(3) in subparagraph (D) by striking ``$64,800'' and
inserting ``$90,720'';
(4) in subparagraph (E) by striking ``$16,200'' and
inserting ``$22,680''; and
(5) by realigning subparagraphs (C), (D), and (E) 2 ems to
the left so that the left margins of such subparagraphs are
aligned with the margins of subparagraphs (A) and (B).
(b) Annual Indexing.--
(1) Method of indexing.--Section 206A of the National
Housing Act (12 U.S.C. 1712a) is amended--
(A) in subsection (a)--
(i) by redesignating paragraphs (1) through
(7) as paragraphs (2) through (8),
respectively; and
(ii) by inserting before paragraph (2) (as
so redesignated) the following new paragraph:
``(1) subparagraphs (A)(ii), (C), (D), and (E) of section
2(b)(1) (12 U.S.C. 1703(b)(1));''.
(2) 2004 and 2005 adjustments.--Not later than 30 days
after the date of the enactment of this Act, the Federal
Reserve Board shall calculate the adjustments for 2004 and 2005
pursuant to paragraph (1) of section 206A(a) of the National
Housing Act (12 U.S.C. 1712a(a)(1)), as added by the amendment
made by paragraph (1) of this subsection, and shall notify the
Secretary of Housing and Urban Development pursuant to
subsection (b) of such section 206A. Such adjustments shall
take effect upon the date of such notification.
(3) Technical and conforming changes.--Section 2(b)(1) of
the National Housing Act (12 U.S.C. 1703(b)(1)), as amended by
subsection (a), is further amended--
(A) by striking ``No'' and inserting ``Except as
provided in the last sentence of this paragraph and in
paragraph (8), no''; and
(B) by adding after and below subparagraph (G) the
following flush language:
``The Secretary shall, by regulation, increase the dollar
amount limitations in subparagraphs (A)(ii), (C), (D), and (E)
(as such limitations may have been adjusted in accordance with
section 206A of this Act).''.
SEC. 7. INSURANCE PREMIUMS.
Section 2(f) of the National Housing Act (12 U.S.C. 1703(f)) is
amended--
(1) by inserting ``(1) In general.--'' after ``(f)''; and
(2) by adding at the end the following new paragraph:
``(2) Manufactured home loans.--Notwithstanding paragraph
(1), in the case of a loan, advance of credit, or purchase in
connection with a manufactured home or a lot on which to place
such a home (or both), the premium charge for the insurance
granted under this section shall be paid by the borrower under
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 2.25 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 1.0 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, to maintain a
negative credit subsidy for the program under this
section for insurance of loans, advances of credit, or
purchases in connection with a manufactured home or a
lot on which to place such a home (or both), as
determined based upon risk to the Federal Government
under existing underwriting requirements.''.
SEC. 8. REVISION OF UNDERWRITING CRITERIA.
(a) In General.--Section 2(b) of the National Housing Act (12
U.S.C. 1703(b)), as amended by the preceding provisions of this Act, is
further amended by adding at the end the following new paragraph:
``(10) Financial soundness of manufactured housing program.--The
Secretary shall establish such underwriting criteria for loans and
advances of credit in connection with a manufactured home or a lot on
which to place a manufactured home (or both), including such loans and
advances represented by obligations purchased by financial
institutions, as may be necessary to ensure that the program under this
title for insurance for financial institutions against losses from such
loans, advances of credit, and purchases is financially sound.''.
(b) Timing.--Not later than the expiration of the 6-month period
beginning on the date of the enactment of this Act, the Secretary of
Housing and Urban Development shall revise the existing underwriting
criteria for the program referred to in paragraph (10) of section 2(b)
of the National Housing Act (as added by subsection (a) of this
section) in accordance with the requirements of such paragraph. | FHA Manufactured Housing Loan Modernization Act of 2005 - Amends the National Housing Act with respect to Federal Housing Administration (FHA) housing loan insurance for manufactured homes (or lots for such homes) to: (1) exempt such loans from certain financial institution portfolio limits; (2) establish loan-to-value ratio and downpayment requirements; (3) provide that any such contract shall be conclusive evidence of an institution's insurance eligibility; (4) increase loan limits; (5) set forth borrower premium charges; and (6) direct the Secretary of Housing and Urban Development to establish underwriting criteria that will ensure the manufactured housing program's financial soundness. | {"src": "billsum_train", "title": "A bill to modernize the manufactured housing loan insurance program under title I of the National Housing Act."} | 2,655 | 138 | 0.564119 | 1.61697 | 0.635918 | 2.826772 | 19.047244 | 0.937008 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wildfire Presuppression Fuels
Management Pilot Program Act of 2007''.
SEC. 2. FINDINGS.
Congress finds that--
(1) private grazing land in the United States has
experienced dramatic increases in the levels of cheatgrass and
other invasive or noxious weed species following wildfires; and
(2) to address the needs of private landowners with respect
to the protection and management of grazing land, the Secretary
of Agriculture should provide cost-share and incentive payments
to the landowners to develop fuels management plans and
practices and to promote activities--
(A) to protect areas of grazing land and wildlife
habitat that have not been negatively affected by
wildfire; and
(B) to manage the risks of wildfires that occur--
(i) on public land and rights-of-way from
moving onto private grazing land; and
(ii) on private land from moving onto
public land and right-of-way.
SEC. 3. FIRE PRESUPPRESSION CONSERVATION PROGRAM.
(a) In General.--Section 1240B of the Food Security Act of 1985 (16
U.S.C. 3839aa-2) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``2010'' and
inserting ``2012''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking
``and'' at the end;
(ii) in subparagraph (B), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) a producer that develops a fuels management
conservation plan, approved by the Natural Resources
Conservation Service, and subsequently implements a
structural practice or a land management practice
relating to fire presuppression on private grazing land
as described in the approved conservation plan, shall
be eligible to receive cost-share payments and annual
incentive payments in accordance with subsection
(i).''; and
(2) by adding at the end the following:
``(i) Wildfire Presuppression Conservation Program.--
``(1) In general.--For each of fiscal years 2008 through
2012, the Secretary shall provide cost-share payments under
subsection (d) and annual incentive payments under subsection
(e) to producers that enter into contracts as described in
paragraph (2) for activities described in paragraph (3).
``(2) Term of contracts.--Notwithstanding subsection
(b)(2)(A), a contract entered into under this subsection shall
have a term of--
``(A) not less than 5 years; and
``(B) not more than 10 years.
``(3) Eligible activities.--In addition to grants under
section 1240H, the Secretary may provide cost-share payments
and incentive payments under this subsection to producers for
planning and carrying out innovative fuels management
conservation plans on private grazing land to help prevent the
occurrence and spread of, and damages caused by, wildfires
fueled by invasive or noxious weed species, including
activities relating to--
``(A) managed fuel breaks along a boundary between
public and private land to reduce fuel load,
including--
``(i) managed grazing practices and the
technology required to implement such a
practice; and
``(ii) the use of brush strips or mosaic
patches;
``(B) restoration of fire-damage areas using
adapted plant material, with an emphasis on using
native and adapted grasses and forbs to vegetate or
revegetate the fire-damaged areas;
``(C) projects that receive expanded conservation
innovation grants for technology transfer training
programs relating to fuels management techniques;
``(D) protection or restoration of critical
wildlife habitat; and
``(E) conservation practices designed to reduce and
manage high fuel loads associated with woody plant
species.''.
(b) Conforming Amendment.--Section 1240H(b) of the Food Security
Act of 1985 (16 U.S.C. 3839aa-8(b)) is amended by striking paragraph
(2) and inserting the following:
``(2) implement projects or activities, such as--
``(A) market systems for pollution reduction;
``(B) innovative conservation practices, including
the storing of carbon in the soil; and
``(C) innovative grazing management activities
described in section 1240B(i)(3); and''. | Wildfire Presuppression Fuels Management Pilot Program Act of 2007 - Amends the Food Security Act of 1985 to extend the environmental quality incentives program.
Includes private land fire presuppression activities in the program.
Directs the Secretary of Agriculture to make FY2008-FY2012 cost-share and incentive payments to contracting producers for fuels management conservation plans on private grazing land to help prevent wildfires fueled by invasive or noxious weed species, including activities relating to: (1) fuel breaks; (2) protection of wildlife habitat; (3) restoration of fire-damaged areas; and (4) conservation practices. | {"src": "billsum_train", "title": "A bill to amend the Food Security Act of 1985 to require the Secretary of Agriculture to make cost-share and incentive payments for innovative fuels management conservation practices, including prescribed grazing management on private grazing land and practices that complement commensurate public land, to prevent the occurrence and spread of, and damages caused by, wildfires fueled by invasive species."} | 1,005 | 132 | 0.645344 | 1.690951 | 0.687665 | 3.637168 | 8.061947 | 0.893805 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Detainee Interrogation Recording Act
of 2007''.
SEC. 2. REQUIREMENT FOR VIDEOTAPING RECORDINGS OF STRATEGIC
INTERROGATIONS AND OTHER PERTINENT INTERACTIONS AMONG
DETAINEES OR PRISONERS IN THE CUSTODY OF OR UNDER THE
EFFECTIVE CONTROL OF THE UNITED STATES AND MEMBERS OF THE
ARMED FORCES, INTELLIGENCE OPERATIVES OF THE UNITED
STATES, AND CONTRACTORS OF THE UNITED STATES.
(a) In General.--In accordance with the Geneva Conventions of 1949,
the International Covenant on Civil and Political Rights, the
Convention Against Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment, and prohibitions against any cruel, unusual,
and inhuman treatment or punishment under the Fifth, Eighth, and
Fourteenth Amendments to the Constitution of the United States, the
President shall take such actions as are necessary to ensure the
videotaping of each strategic interrogation or other pertinent
interaction between--
(1) an individual who is a detainee or prisoner in the
custody or under the effective control of the United States
pursuant to a strategic interrogation, or other pertinent
interaction, for the purpose of gathering intelligence; and
(2) any member of the Armed Forces, intelligence operative
of the United States, or contractor of the United States.
(b) Applicability.--The requirement under subsection (a) shall
apply with respect to any strategic interrogation of an individual
referred to in subsection (a)(1) that takes place on or after the
earlier of--
(1) the day on which the individual is confined in a
facility owned, operated, or controlled, in whole or in part,
by the United States, or any of its representatives, agencies,
or agents; or
(2) 7 days after the day on which the individual is taken
into custody by the United States or any of its
representatives, agencies, or agents.
(c) Classification of Information.--To protect United States
national security and the privacy of detainees or prisoners held by the
United States, the President shall provide for the appropriate
classification of video tapes or recordings made pursuant to subsection
(a). Such videotapes or recordings shall be made available, under seal
if appropriate, to both prosecution and defense attorneys to the extent
they are material to any military or civilian criminal proceeding.
(d) Strategic Interrogation Defined.--For purposes of this section,
the term ``strategic interrogation'' means an interrogation of a
detainee or prisoner at--
(1) a corps or theater-level detention facility, as defined
in the Army Field Manual on Human Intelligence Collector
Operations (FM 2-22.3, September 2006); or
(2) a detention facility outside of the area of operations
where the detainee or prisoner was initially captured,
including--
(A) a detention facility owned, operated, borrowed,
or leased by the United States Government; and
(B) a detention facility of a foreign government at
which United States Government personnel, including
contractors, are permitted to conduct interrogations by
the foreign government in question.
(e) Exclusion.--Nothing in this Act shall be construed as requiring
members of the Armed Forces engaged in direct tactical combat
operations to videotape prisoners or detainees in their custody during
such combat operations.
(f) Access to Prisoners and Detainees of the United States To
Ensure Independent Monitoring and Transparent Investigations.--
Consistent with the obligations of the United States under
international law, including treaties and related protocols to which
the United States is a party, the President shall take such actions as
are necessary to ensure that representatives of the International
Federation of the International Committee of the Red Cross and the Red
Crescent are granted access to detainees or prisoners in the custody or
under the effective control of the Armed Forces.
(g) Guidelines for Videotape Recordings.--
(1) Development of guidelines.--The Judge Advocates General
(as defined in section 801(1) of title 10, United States Code,
(Article 1 of the Uniform Code of Military Justice)) shall
jointly develop uniform guidelines designed to ensure that the
videotaping required under subsection (a) is sufficiently
expansive to prevent any abuse of detainees and prisoners
referred to in subsection (a)(1) and any violation of law
binding on the United States, including the treaties referred
to in subsection (a). For purposes of this Act, the Army Judge
Advocate General shall serve as the executive agent and
coordinating authority for the development of the
aforementioned guidelines.
(2) Submittal to congress.--Not later than 30 days after
the date of the enactment of this Act, the Secretary of Defense
shall submit to Congress a report containing the guidelines
developed under paragraph (1). | Detainee Interrogation Recording Act of 2007 - Requires the President to take such actions as are necessary, in accordance with specified laws and treaties, to ensure the videotaping of each strategic interrogation and other pertinent interaction between detainees or prisoners under the effective control of the U.S. and members of the Armed Forces, U.S. intelligence operatives, or U.S. contractors. Directs the President to provide for the appropriate classification of videotapes or recordings made under that requirement. Requires such videotapes to be made available, under seal if appropriate, to both prosecution and defense attorneys to the extent that they are material to any military or civilian criminal proceeding.
Defines strategic interrogation as an interrogation at: (1) a corps or theater-level detention facility; or (2) a detention facility outside of the area where the detainee or prisoner was initially captured, including one owned, operated, borrowed, or leased by the U.S. government and a detention facility of a foreign government.
Prohibits construing this Act to require videotaping during direct tactical combat operations.
Requires the President to ensure that representatives of the Red Cross and the Red Crescent are granted access to detainees or prisoners in the custody or effective control of the Armed Forces.
Directs the Judge Advocates General to jointly develop guidelines to ensure that the videotaping required by this Act is sufficiently expansive to prevent any abuse of detainees and prisoners and violations of specified laws and treaties. | {"src": "billsum_train", "title": "To require the videotaping of strategic interrogations and certain other interactions between detainees and members of the Armed Forces, intelligence operatives, and contractors, and for other purposes."} | 1,102 | 344 | 0.661203 | 1.986413 | 0.758717 | 5.176692 | 3.548872 | 0.921053 |
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