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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security and Medicare Lock-
Box Act of 2001''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) the Balanced Budget Act of 1997 and strong economic
growth have ended decades of deficit spending;
(2) the Government is able to meet its current obligations
without using the social security and medicare surpluses;
(3) fiscal pressures will mount as an aging population
increases the Government's obligations to provide retirement
income and health services;
(4) social security and medicare hospital insurance
surpluses should be used to reduce the debt held by the public
until legislation is enacted that reforms social security and
medicare;
(5) preserving the social security and medicare hospital
insurance surpluses would restore confidence in the long-term
financial integrity of social security and medicare; and
(6) strengthening the Government's fiscal position through
debt reduction would increase national savings, promote
economic growth, and reduce its interest payments.
(b) Purpose.--It is the purpose of this Act to--
(1) prevent the surpluses of the social security and
medicare hospital insurance trust funds from being used for any
purpose other than providing retirement and health security;
and
(2) use such surpluses to pay down the national debt until
such time as medicare and social security reform legislation is
enacted.
SEC. 3. PROTECTION OF SOCIAL SECURITY AND MEDICARE SURPLUSES.
(a) Protection of Social Security and Medicare Surpluses.--Title
III of the Congressional Budget Act of 1974 is amended by adding at the
end the following new section:
``lock-box for social security and hospital insurance surpluses
``Sec. 316. (a) Lock-box for Social Security and Hospital Insurance
Surpluses.--
``(1) Concurrent resolutions on the budget.--
``(A) In general.--It shall not be in order in the
House of Representatives or the Senate to consider any
concurrent resolution on the budget, or an amendment
thereto or conference report thereon, that would set
forth a surplus for any fiscal year that is less than
the surplus of the Federal Hospital Insurance Trust
Fund for that fiscal year.
``(B) Exception.--(i) Subparagraph (A) shall not
apply to the extent that a violation of such
subparagraph would result from an assumption in the
resolution, amendment, or conference report, as
applicable, of an increase in outlays or a decrease in
revenue relative to the baseline underlying that
resolution for social security reform legislation or
medicare reform legislation for any such fiscal year.
``(ii) If a concurrent resolution on the budget, or
an amendment thereto or conference report thereon,
would be in violation of subparagraph (A) because of an
assumption of an increase in outlays or a decrease in
revenue relative to the baseline underlying that
resolution for social security reform legislation or
medicare reform legislation for any such fiscal year,
then that resolution shall include a statement
identifying any such increase in outlays or decrease in
revenue.
``(2) Spending and tax legislation.--
``(A) In general.--It shall not be in order in the
House of Representatives or the Senate to consider any
bill, joint resolution, amendment, motion, or
conference report if--
``(i) the enactment of that bill or
resolution, as reported;
``(ii) the adoption and enactment of that
amendment; or
``(iii) the enactment of that bill or
resolution in the form recommended in that
conference report,
would cause the surplus for any fiscal year covered by
the most recently agreed to concurrent resolution on
the budget to be less than the surplus of the Federal
Hospital Insurance Trust Fund for that fiscal year.
``(B) Exception.--Subparagraph (A) shall not apply
to social security reform legislation or medicare
reform legislation.
``(b) Enforcement.--
``(1) Budgetary levels with respect to concurrent
resolutions on the budget.--For purposes of enforcing any point
of order under subsection (a)(1), the surplus for any fiscal
year shall be--
``(A) the levels set forth in the later of the
concurrent resolution on the budget, as reported, or in
the conference report on the concurrent resolution on
the budget; and
``(B) adjusted to the maximum extent allowable
under all procedures that allow budgetary aggregates to
be adjusted for legislation that would cause a decrease
in the surplus for any fiscal year covered by the
concurrent resolution on the budget (other than
procedures described in paragraph (2)(A)(ii)).
``(2) Current levels with respect to spending and tax
legislation.--
``(A) In general.--For purposes of enforcing
subsection (a)(2), the current levels of the surplus
for any fiscal year shall be--
``(i) calculated using the following
assumptions--
``(I) direct spending and revenue
levels at the baseline levels
underlying the most recently agreed to
concurrent resolution on the budget;
and
``(II) for the budget year,
discretionary spending levels at
current law levels and, for outyears,
discretionary spending levels at the
baseline levels underlying the most
recently agreed to concurrent
resolution on the budget; and
``(ii) adjusted for changes in the surplus
levels set forth in the most recently agreed to
concurrent resolution on the budget pursuant to
procedures in such resolution that authorize
adjustments in budgetary aggregates for updated
economic and technical assumptions in the mid-
session report of the Director of the
Congressional Budget Office.
Such revisions shall be included in the first current
level report on the congressional budget submitted for
publication in the Congressional Record after the
release of such mid-session report.
``(B) Budgetary treatment.--Outlays (or receipts)
for any fiscal year resulting from social security or
medicare reform legislation in excess of the amount of
outlays (or less than the amount of receipts) for that
fiscal year set forth in the most recently agreed to
concurrent resolution on the budget or the section
302(a) allocation for such legislation, as applicable,
shall not be taken into account for purposes of
enforcing any point of order under subsection (a)(2).
``(3) Disclosure of hi Surplus.--For purposes of enforcing
any point of order under subsection (a), the surplus of the
Federal Hospital Insurance Trust Fund for a fiscal year shall
be the levels set forth in the later of the report accompanying
the concurrent resolution on the budget (or, in the absence of
such a report, placed in the Congressional Record prior to the
consideration of such resolution) or in the joint explanatory
statement of managers accompanying such resolution.
``(c) Additional Content of Reports Accompanying Budget Resolutions
and of Joint Explanatory Statements.--The report accompanying any
concurrent resolution on the budget and the joint explanatory statement
accompanying the conference report on each such resolution shall
include the levels of the surplus in the budget for each fiscal year
set forth in such resolution and of the surplus or deficit in the
Federal Hospital Insurance Trust Fund, calculated using the assumptions
set forth in subsection (b)(2)(A).
``(d) Definitions.--As used in this section:
``(1) The term `medicare reform legislation' means a bill
or a joint resolution to save Medicare that includes a
provision stating the following: `For purposes of section
316(a) of the Congressional Budget Act of 1974, this Act
constitutes medicare reform legislation.'.
``(2) The term `social security reform legislation' means a
bill or a joint resolution to save social security that
includes a provision stating the following: `For purposes of
section 316(a) of the Congressional Budget Act of 1974, this
Act constitutes social security reform legislation.'.
``(e) Waiver and Appeal.--Subsection (a) may be waived or suspended
in the Senate only by an affirmative vote of three-fifths of the
Members, duly chosen and sworn. An affirmative vote of three-fifths of
the Members of the Senate, duly chosen and sworn, shall be required in
the Senate to sustain an appeal of the ruling of the Chair on a point
of order raised under this section.
``(f) Effective Date.--This section shall cease to have any force
or effect upon the enactment of social security reform legislation and
medicare reform legislation.''.
(b) Conforming Amendment.--The item relating to section 316 in the
table of contents set forth in section 1(b) of the Congressional Budget
and Impoundment Control Act of 1974 is amended to read as follows:
``Sec. 316. Lock-box for social security and hospital insurance
surpluses.''.
SEC. 4. PRESIDENTS' BUDGET.
(a) Protection of Social Security and Medicare Surpluses.--If the
budget of the United States Government submitted by the President under
section 1105(a) of title 31, United States Code, recommends an on-
budget surplus for any fiscal year that is less than the surplus of the
Federal Hospital Insurance Trust Fund for that fiscal year, then it
shall include a detailed proposal for social security reform
legislation or medicare reform legislation.
(b) Effective Date.--Subsection (a) shall cease to have any force
or effect upon the enactment of social security reform legislation and
medicare reform legislation as defined by section 316(d) of the
Congressional Budget Act of 1974.
Passed the House of Representatives February 13, 2001.
Attest:
JEFF TRANDAHL,
Clerk. | Social Security and Medicare Lock-Box Act of 2001 - Amends the Congressional Budget Act of 1974 to provide a point of order against consideration of any: (1) budget resolution that sets forth a surplus for any fiscal year that is less than the surplus of the Federal Hospital Insurance Trust Fund for such year; or (2) legislation that would cause any surplus to be less than the Fund surplus for the covered fiscal year.Makes the point of order described in (1) above inapplicable to the extent that a violation would result from an assumption in the resolution of an increase in outlays or decrease in revenue relative to the baseline underlying the resolution for social security or Medicare reform legislation. Makes the point of order described in (2) above inapplicable to social security or Medicare reform legislation. Establishes the levels of surplus for purposes of enforcing the preceding points of order. Authorizes a waiver or suspension of such points of order only by an affirmative vote of three-fifths of the Members of the Senate.Requires any Federal budget submitted by the President that recommends an on-budget surplus for any fiscal year that is less than the surplus of the Fund for such year to include a proposal for social security or Medicare reform legislation. Makes this Act inapplicable upon the enactment of social security and Medicare reform legislation. Defines "social security reform legislation" and "Medicare reform legislation" as a bill or joint resolution to save social security or Medicare, respectively, that specifies that it constitutes reform legislation. | {"src": "billsum_train", "title": "To establish a procedure to safeguard the surpluses of the Social Security and Medicare hospital insurance trust funds."} | 2,135 | 331 | 0.624637 | 1.767204 | 0.806647 | 4.302083 | 6.802083 | 0.913194 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental Technology
Demonstration Act of 1993''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The development and deployment of environmental
technologies can enhance the economic competitiveness and the
environmental security of the United States.
(2) The Federal Government has facilities which can assist
and catalyze efforts of industry in developing and deploying
new environmental technologies.
SEC. 3. USE OF FEDERAL FACILITIES FOR ENVIRONMENTAL TECHNOLOGY
DEMONSTRATION.
(a) Establishment.--The Administrator of the Environmental
Protection Agency shall establish a program to demonstrate the
performance of environmental technologies at Federal laboratories and
other Federal facilities.
(b) Qualifying Technology Demonstration Projects.--Technologies
that qualify for demonstration under such program include--
(1) environmental technologies that can be applied to a
major pollution control or remediation need, as determined by
the Administrator, at a Federal laboratory or other Federal
facility;
(2) environmental technologies the development of which
would be significantly advanced by unique facilities or
capabilities of a Federal laboratory or other Federal facility;
and
(3) other environmental technologies that the
Administration considers to have significant potential as an
environmental technology that will contribute to sustainable
economic growth.
(c) Administration.--As part of the program established under this
section, the Administrator--
(1) may enter into cooperative agreements with other
Federal departments and agencies for the purpose of
demonstrating the performance of environmental technologies;
(2) may enter into contracts and cooperative agreements for
such purpose with organizations selected under paragraph (7);
(3) except as provided in paragraph (4), may not provide
Federal resources under a cooperative agreement referred to in
paragraphs (1) and (2) in an amount that exceeds one-half of
the total cost of carrying out services and activities under
the agreement;
(4) may make special provisions for small businesses,
including the provision of Federal resources under a
cooperative agreement entered into with a small business under
paragraph (1) or (2) in an amount that exceeds one-half of the
total cost of carrying out services and activities under the
agreement;
(5) shall establish procedures to solicit and accept
applications for environmental technologies for demonstration
under this program;
(6) shall, in consultation and cooperation with other
Federal agencies, make available information about the
facilities and expertise available at Federal laboratories that
would be valuable to the demonstration of environmental
technologies and about sites at Federal laboratories or other
Federal facilities potentially available for testing
environmental technologies, characterized by specific site
characteristics, including site geology and site contaminants
where appropriate;
(7) shall establish procedures for the merit-based review
of all applications for demonstration projects under this
program through a process that includes representatives of
industry and United States nonprofit organizations and select
organizations to carry out such projects based upon such
procedures;
(8) shall document the performance and cost of
characteristics of the environmental technology demonstrated;
and
(9) shall list and disseminate nonproprietary information
regarding the performance and cost characteristics of the
environmental technologies demonstrated pursuant to this Act.
(d) Qualifying Organizations.--Entities eligible to carry out a
demonstration project as part of the program established under
subsection (a) are United States companies (including small
businesses), United States nonprofit organizations, United States
institutions of higher education, and other organizations that the
Administrator considers appropriate.
(e) Program Evaluation and Reporting.--The Administrator shall, in
cooperation with other Federal agencies and in consultation with the
United States companies and United States nonprofit organizations,
annually submit to the Congress a report that evaluates the performance
of the program, including a statement of--
(1) the number of environmental technologies tested and the
type of problems addressed;
(2) the number of environmental technologies demonstrated
in the program that have since become commercially viable and
their estimated impact; and
(3) the Federal and non-Federal financial resources
committed to the program.
SEC. 4. DEFINITIONS.
For the purposes of this Act:
(1) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(2) The term ``environmental technology'' means--
(A) a technology that is primarily intended to
improve the quality of the environment through
pollution reduction or remediation;
(B) a product, manufacturing process, or service
that is capable of cost-effectively replacing the
functions of an existing product, process, or service,
and as compared with the product, process, or service
it replaces, significantly reducing overall pollution
or significantly improving the efficiency of energy or
materials use; or
(C) a technology within the meaning of
subparagraphs (A) and (B).
(3) The term ``Federal laboratory'' means a Government-
owned, Government-operated laboratory, or a Government-owned,
contractor-operated laboratory. | Environmental Technology Demonstration Act of 1993 - Directs the Administrator of the Environmental Protection Agency to establish a program to demonstrate the performance of environmental technologies at Federal laboratories and other Federal facilities.
Makes U.S. companies and small businesses, nonprofit organizations, and institutions of higher education eligible to carry out demonstration projects, as well as other organizations that the Administrator considers appropriate. | {"src": "billsum_train", "title": "Environmental Technology Demonstration Act of 1993"} | 1,015 | 80 | 0.593122 | 1.504521 | 1.121746 | 3.823529 | 15.014706 | 0.941176 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Birth Defects
Prevention Act of 1998''.
(b) Findings.--Congress makes the following findings:
(1) Birth defects are the leading cause of infant mortality,
directly responsible for one out of every five infant deaths.
(2) Thousands of the 150,000 infants born with a serious birth
defect annually face a lifetime of chronic disability and illness.
(3) Birth defects threaten the lives of infants of all racial
and ethnic backgrounds. However, some conditions pose excess risks
for certain populations. For example, compared to all infants born
in the United States, Hispanic-American infants are more likely to
be born with anencephaly spina bifida and other neural tube defects
and African-American infants are more likely to be born with
sickle-cell anemia.
(4) Birth defects can be caused by exposure to environmental
hazards, adverse health conditions during pregnancy, or genetic
mutations. Prevention efforts are slowed by lack of information
about the number and causes of birth defects. Outbreaks of birth
defects may go undetected because surveillance and research efforts
are underdeveloped and poorly coordinated.
(5) Public awareness strategies, such as programs using folic
acid vitamin supplements to prevent spina bifida and alcohol
avoidance programs to prevent Fetal Alcohol Syndrome, are essential
to prevent the heartache and costs associated with birth defects.
SEC. 2. PROGRAMS REGARDING BIRTH DEFECTS.
Section 317C of the Public Health Service Act (42 U.S.C. 247b-4) is
amended to read as follows:
``programs regarding birth defects
``Sec. 317C. (a) In General.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, shall carry
out programs--
``(1) to collect, analyze, and make available data on birth
defects (in a manner that facilitates compliance with subsection
(d)(2)), including data on the causes of such defects and on the
incidence and prevalence of such defects;
``(2) to operate regional centers for the conduct of applied
epidemiological research on the prevention of such defects; and
``(3) to provide information and education to the public on the
prevention of such defects.
``(b) Additional Provisions Regarding Collection of Data.--
``(1) In general.--In carrying out subsection (a)(1), the
Secretary--
``(A) shall collect and analyze data by gender and by
racial and ethnic group, including Hispanics, non-Hispanic
whites, Blacks, Native Americans, Asian Americans, and Pacific
Islanders;
``(B) shall collect data under subparagraph (A) from birth
certificates, death certificates, hospital records, and such
other sources as the Secretary determines to be appropriate;
and
``(C) shall encourage States to establish or improve
programs for the collection and analysis of epidemiological
data on birth defects, and to make the data available.
``(2) National clearinghouse.--In carrying out subsection
(a)(1), the Secretary shall establish and maintain a National
Information Clearinghouse on Birth Defects to collect and
disseminate to health professionals and the general public
information on birth defects, including the prevention of such
defects.
``(c) Grants and Contracts.--
``(1) In general.--In carrying out subsection (a), the
Secretary may make grants to and enter into contracts with public
and nonprofit private entities.
``(2) Supplies and services in lieu of award funds.--
``(A) Upon the request of a recipient of an award of a
grant or contract under paragraph (1), the Secretary may,
subject to subparagraph (B), provide supplies, equipment, and
services for the purpose of aiding the recipient in carrying
out the purposes for which the award is made and, for such
purposes, may detail to the recipient any officer or employee
of the Department of Health and Human Services.
``(B) With respect to a request described in subparagraph
(A), the Secretary shall reduce the amount of payments under
the award involved by an amount equal to the costs of detailing
personnel and the fair market value of any supplies, equipment,
or services provided by the Secretary. The Secretary shall, for
the payment of expenses incurred in complying with such
request, expend the amounts withheld.
``(3) Application for award.--The Secretary may make an award
of a grant or contract under paragraph (1) only if an application
for the award is submitted to the Secretary and the application is
in such form, is made in such manner, and contains such agreements,
assurances, and information as the Secretary determines to be
necessary to carry out the purposes for which the award is to be
made.
``(d) Biennial Report.--Not later than February 1 of fiscal year
1999 and of every second such year thereafter, the Secretary shall
submit to the Committee on Commerce of the House of Representatives,
and the Committee on Labor and Human Resources of the Senate, a report
that, with respect to the preceding 2 fiscal years--
``(1) contains information regarding the incidence and
prevalence of birth defects and the extent to which birth defects
have contributed to the incidence and prevalence of infant
mortality;
``(2) contains information under paragraph (1) that is specific
to various racial and ethnic groups (including Hispanics, non-
Hispanic whites, Blacks, Native Americans, and Asian Americans);
``(3) contains an assessment of the extent to which various
approaches of preventing birth defects have been effective;
``(4) describes the activities carried out under this section;
and
``(5) contains any recommendations of the Secretary regarding
this section.
``(e) Applicability of Privacy Laws.--The provisions of this
section shall be subject to the requirements of section 552a of title
5, United States Code. All Federal laws relating to the privacy of
information shall apply to the data and information that is collected
under this section.
``(f) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $30,000,000
for fiscal year 1999, $40,000,000 for fiscal year 2000, and such sums
as may be necessary for each of the fiscal years 2001 and 2002.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Birth Defects Prevention Act of 1997 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention, to carry out programs to: (1) collect and analyze, and make available data on birth defects in a manner that facilitates compliance with this Act, including data on the causes of such defects and on the incidence and prevalence of such defects; (2) operate regional centers for the conduct of applied epidemiological research on the prevention of such defects; and (3) provide information and education to the public on the prevention of such defects. Requires the Secretary, in collecting, analyzing, and making available data on birth defects, to: (1) collect and analyze data by gender and by racial and ethnic group; (2) collect such data from birth and death certificates, hospital records, and such other sources as the Secretary determines to be appropriate; and (3) encourage States to establish or improve programs for the collection and analysis of epidemiological data on birth defects and to make the data available. Directs the Secretary to establish a National Information Clearinghouse on Birth Defects to collect and disseminate to health professionals and the public information on birth defects, including the prevention of such defects. Authorizes the Secretary, in carrying out programs regarding birth defects, to make grants to and enter into contracts with public and nonprofit private entities. Authorizes the Secretary, upon the request of a recipient of an award of a grant or contract, to provide supplies, equipment, and services for the purpose of aiding the recipient in carrying out the purposes for which the award is made and, for such purposes, to detail to the recipient any HHS officer or employee. Authorizes the Secretary to make an award of a grant or contract only if an application for the award is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out the purposes for which the award is to be made. Requires the Secretary to report biennially to the House Committee on Commerce and the Senate Committee on Labor and Human Resources regarding birth defects. Subjects the provisions of this Act to requirements of the Privacy Act. Applies all Federal laws relating to the privacy of information to data and information collected under this Act. Authorizes appropriations. | {"src": "billsum_train", "title": "Birth Defects Prevention Act of 1998"} | 1,395 | 510 | 0.653634 | 2.125627 | 0.887986 | 6.271186 | 2.813559 | 0.949153 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Royalty In-Kind for Energy
Assistance Improvement Act of 2006''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) As energy costs continue to rise, it is increasingly
difficult for our most vulnerable residents to afford to heat
and cool their homes.
(2) The Energy Information Administration recently
projected in its Short-term Energy Outlook that on average,
households heating primarily with natural gas can expect to
spend $178 (24 percent) more for fuel this winter than last
winter.
(3) Heating costs as well as costs of cooling in the summer
are a concern. High summer electricity usage due to hot
temperatures can put households in debt and at risk of
disconnection.
(4) More than 13 million households in poverty will spend
an average of 25 percent of their entire annual income this
year on their energy bills just to maintain their modest levels
of usage.
(5) The need for additional low-income energy assistance
has never been greater. At current funding levels, the Low-
Income Home Energy Assistance Program (LIHEAP) serves less than
15 percent of the eligible population.
(6) LIHEAP is a critically important program because it
ensures that low-income Americans don't have to choose between
heating or cooling their homes and paying their medical bills
or going without food, which is a common practice in one of
three low-income families.
(7) Under authorities granted in the Mineral Leasing Act
(30 U.S.C. 182 et seq.) and the Outer Continental Shelf Lands
Act (43 U.S.C. 1331 et seq.), the Secretary of the Interior may
require Federal oil and gas lessees to satisfy their royalty
payment obligation through ``royalty in-kind'' arrangements
under which they provide oil instead of monetary value.
(8) Section 342(j) of the Energy Policy Act of 2005 (42
U.S.C. 15902(j)) was intended to provide the Federal Government
with an innovative tool, authorizing the Secretary to grant
preference to low-income consumers when disposing of oil or
natural gas received by the Government under such an
arrangement.
(9) However, the Department of the Interior has concluded
that section 342(j) of the Energy Policy Act of 2005, as
enacted, cannot be implemented because of legal deficiencies in
the subsection as enacted.
(b) Purpose.--The purpose of this Act is to amend section 342(j) of
the Energy Policy Act of 2005 (42 U.S.C. 15902(j)) to make it possible
to assist low-income consumers of energy to meet their energy needs.
SEC. 3. AUTHORIZATION OF DISCOUNTED SALES OF ROYALTY OIL AND GAS TAKEN
IN-KIND FROM FEDERAL OIL OR GAS LEASE TO PROVIDE
ADDITIONAL RESOURCES TO LIHEAP.
Section 342(j) of the Energy Policy Act of 2005 (42 U.S.C.
15902(j)) is amended by redesignating paragraph (2) as paragraph (3),
and by inserting after paragraph (1) the following:
``(3) Discounted sales.--
``(A) Authorization.--In granting a preference
under paragraph (1), the Secretary may sell at a
discounted price royalty oil or gas taken in-kind, in
accordance with an agreement under this paragraph.
``(B) Discounted price.--The discounted price of
oil or gas sold under this paragraph shall be not less
than 50 percent of the fair market value of the oil or
gas.
``(C) Agreement.--The Secretary shall require, as a
condition of any sale to a person of oil or gas at a
discounted price under this paragraph, that the person
enter into an agreement with the Secretary under which
the person is obligated to provide additional resources
for a Federal low-income energy assistance program that
have a value that is not less than the difference
between--
``(i) the sum of the fair market value of
the purchased oil or gas, respectively; and
``(ii) the sum of--
``(I) the amount paid by the person
for the oil or gas; and
``(II) the administrative costs
incurred by the person in purchasing
the oil and complying with the
agreement.
``(D) Compliance with anti-deficiency act.--Any
sale of oil at a discounted price in accordance with
this paragraph is deemed to be in compliance with
section 1301(d) of title 31, United States Code,
popularly known as the Anti-Deficiency Act.
``(E) Regulations.--In implementing this paragraph,
the Secretary may issue rules, and may enter into such
agreements with any Federal or State agency or other
person, as the Secretary considers appropriate.''. | Royalty In-Kind for Energy Assistance Improvement Act of 2006 - Amends the Energy Policy Act of 2005, with respect to federal low-income energy assistance programs, to authorize the Secretary of Energy to sell at a discounted price any royalty oil or gas taken in-kind.
Requires the discounted price to be at least 50% of the fair market value of the oil or gas. | {"src": "billsum_train", "title": "To amend the Energy Policy Act of 2005 to authorize discounted sales of royalty oil and gas taken in-kind from a Federal oil or gas lease to provide additional resources to Federal low-income energy assistance programs."} | 1,073 | 85 | 0.369055 | 1.035529 | 0.625783 | 4.56 | 13.013333 | 0.906667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nurse Loan Forgiveness Act of
2003''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) According to 2001 statistics from the American Hospital
Association, 126,000 nurses are currently needed to fill
vacancies at our nation's hospitals. Today, fully 75 percent of
all hospital personnel vacancies are for nurses.
(2) According to the Journal of the American Medical
Association (2000), the U.S. will experience a 20 percent
shortage in the number of nurses needed in the U.S. health care
system by the year 2020. This translates into a shortage of
more than 400,000 registered nurses nationwide.
(3) Research indicates that there is a greater need for
health care services, especially hospitals and prescription
drugs, but there continues to be a 28 percent decrease in
national licensure examination for all entry-level registered
nurses.
(4) The U.S. Department of Labor projects a 21 percent
increase in the need for nurses nationwide from 1998 to 2008,
compared with a 14 percent increase for all other occupations.
(5) The General Accounting Office estimates that 40 percent
of all registered nurses will be older than age 50 by the year
2010.
(6) Of those registered nurses in 2000, an estimated 18
percent have chosen to pursue other career paths.
(7) According to a 2001 issue of Health Affairs, many
nurses report they are dissatisfied with their current
position. One out of every 3 hospital nurses under the age of
30 are planning to leave their current job in the next year.
SEC. 3. ESTABLISHMENT OF PROGRAM.
(a) Stafford Loans.--Part B of title IV of the Higher Education Act
of 1965 is amended by inserting after section 428K (20 U.S.C. 1078-11)
the following new section:
``SEC. 428L. LOAN FORGIVENESS FOR NURSES.
``(a) Statement of Purpose.--It is the purpose of this section to
encourage individuals to enter and continue in the nursing profession.
``(b) Program Authorized.--From the amount appropriated under
subsection (g) for any fiscal year, the Secretary shall, in accordance
with subsection (c), carry out a program, through the holder of the
loan, of assuming the obligation to repay a qualified loan amount for a
loan made under section 428 or 428H for any borrower who--
``(1) has been employed for a calendar year as a full-time
registered nurse in a health care facility or a health care
setting approved by the Secretary of Health and Human Services
for purposes of this section; and
``(2) is not in default on a loan for which the borrower
seeks forgiveness.
``(c) Qualified Loans Amount.--
``(1) In general.--Of the aggregate of the loan obligation
on a loan made under section 428 or 428H that is outstanding to
an individual who meets the requirements of subsection (b), the
Secretary may, from funds appropriated under subsection (g),
repay not more than--
``(A) $2,000 after the first calendar year of
employment described in subsection (b)(1);
``(B) $2,500 after the second such year of
employment;
``(C) $3,000 after the third such year of
employment;
``(D) $4,500 after the fourth such year of
employment; and
``(E) $5,000 after the fifth such year of
employment.
``(2) Award basis.--The Secretary shall make payments under
this subsection on a first-come first-served basis, subject to
the availability of appropriations.
``(3) Treatment of consolidation loans.--A loan amount for
a loan made under section 428C may be a qualified loan amount
for the purposes of this subsection only to the extent that
such loan amount was used to repay a Federal Direct Stafford
Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan
made under section 428 or 428H for a borrower who meets the
requirements of subsection (b), as determined in accordance
with regulations prescribed by the Secretary.
``(d) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.
``(e) Construction.--Nothing in this section shall be construed to
authorize any refunding of any repayment of a loan.
``(f) Prevention of Double Benefits.--
``(1) National and community service.--No borrower may, for
the same service, receive a benefit under both this subsection
and subtitle D of title I of the National and Community Service
Act of 1990 (42 U.S.C. 12571 et seq.).
``(2) Direct loan forgiveness.--No borrower may receive a
reduction of loan obligations under both this section and
section 460A.
``(g) Authorization of Appropriations.--For fiscal year 2004 and
for each of the 9 succeeding fiscal years, there are authorized to be
appropriated such sums as may be necessary to repay loans in the
amounts specified in subsection (c)(1).''.
(b) Direct Loans.--Part D of title IV of the Higher Education Act
of 1965 is amended by inserting after section 460 (20 U.S.C. 1087j) the
following new section:
``SEC. 460A. LOAN FORGIVENESS FOR NURSES.
``(a) Statement of Purpose.--It is the purpose of this section to
encourage individuals to enter and continue in the nursing profession.
``(b) Program Authorized.--From the amount appropriated under
subsection (g) for any fiscal year, the Secretary shall carry out a
program of canceling the obligation to repay a qualified loan amount in
accordance with subsection (c) for Federal Direct Stafford Loans and
Federal Direct Unsubsidized Stafford Loans made under this part for any
borrower who--
``(1) has been employed for a calendar year as a full-time
registered nurse in a health care facility or a health care
setting approved by the Secretary of Health and Human Services
for purposes of this section; and
``(2) is not in default on a loan for which the borrower
seeks forgiveness.
``(c) Qualified Loans Amount.--
``(1) In general.--Of the aggregate of the loan obligation
on a Federal Direct Stafford Loan or a Federal Direct
Unsubsidized Stafford Loan that is outstanding to an individual
who meets the requirements of subsection (b), the Secretary
may, from funds appropriated under subsection (g), repay not
more than--
``(A) $2,000 after the first calendar year of
employment described in subsection (b)(1);
``(B) $2,500 after the second such year of
employment;
``(C) $3,000 after the third such year of
employment;
``(D) $4,500 after the fourth such year of
employment; and
``(E) $5,000 after the fifth such year of
employment.
``(2) Award basis.--The Secretary shall make payments under
this subsection on a first-come first-served basis, subject to
the availability of appropriations.
``(3) Treatment of consolidation loans.--A loan amount for
a Federal Direct Consolidation Loan may be a qualified loan
amount for the purposes of this subsection only to the extent
that such loan amount was used to repay a Federal Direct
Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or
a loan made under section 428 or 428H for a borrower who meets
the requirements of subsection (b), as determined in accordance
with regulations prescribed by the Secretary.
``(d) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.
``(e) Construction.--Nothing in this section shall be construed to
authorize any refunding of any repayment of a loan.
``(f) Prevention of Double Benefits.--
``(1) National and community service.--No borrower may, for
the same service, receive a benefit under both this subsection
and subtitle D of title I of the National and Community Service
Act of 1990 (42 U.S.C. 12571 et seq.).
``(2) Stafford loan forgiveness.--No borrower may receive a
reduction of loan obligations under both this section and
section 428L.
``(g) Authorization of Appropriations.--For fiscal year 2004 and
for each of the 9 succeeding fiscal years, there are authorized to be
appropriated such sums as may be necessary to repay loans in the
amounts specified in subsection (c)(1).''. | Nurse Loan Forgiveness Act of 2003 - Amends the Higher Education Act of 1965 (HEA) to include, under HEA student loan forgiveness and cancellation programs, nurses who serve at least one calendar year in an approved health care facility or setting.Limits the maximum amount of such loan repayment by the Secretary of Education to not more than $2,000 after the first year of such a nurse's employment, with incremental increases after the second through fourth years, up to $5,000 after the fifth year of such employment. | {"src": "billsum_train", "title": "To establish a student loan forgiveness program for nurses."} | 1,921 | 111 | 0.46499 | 1.222624 | 0.182181 | 2.081633 | 17.857143 | 0.857143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Self-Sufficiency Act of
2007''.
SEC. 2. ADMINISTRATIVE FEES FOR FAMILY SELF-SUFFICIENCY PROGRAM COSTS.
Subsection (h) of section 23 of the United States Housing Act of
1937 (42 U.S.C. 1437u(h)) is amended by striking paragraph (1) and
inserting the following new paragraph:
``(1) Section 8 fees.--
``(A) In general.--The Secretary shall establish a
fee under section 8(q) for the costs incurred in
administering the self-sufficiency program under this
section to assist families receiving voucher assistance
through section 8(o).
``(B) Eligibility for fee.--The fee shall provide
funding for family self-sufficiency coordinators as
follows:
``(i) Base fee.--A public housing agency
serving 25 or more participants in the family
self-sufficiency program under this section
shall receive a fee equal to the costs of
employing one full-time family self-sufficiency
coordinator. An agency serving fewer than 25
such participants shall receive a prorated fee.
``(ii) Additional fee.--An agency that
meets minimum performance standards shall
receive an additional fee sufficient to cover
the costs of employing a second family self-
sufficiency coordinator if the agency has 75 or
more participating families, and a third such
coordinator if it has 125 or more participating
families.
``(iii) Previously funded agencies.--An
agency that received funding from the
Department of Housing and Urban Development for
more than three such coordinators in any of
fiscal years 1998 through 2007 shall receive
funding for the highest number of coordinators
funded in a single fiscal year during that
period, provided they meet applicable size and
performance standards.
``(iv) Initial year.--For the first year in
which a public housing agency exercises its
right to develop an family self-sufficiency
program for its residents, it shall be entitled
to funding to cover the costs of up to one
family self-sufficiency coordinator, based on
the size specified in its action plan for such
program.
``(v) State and regional agencies.--For
purposes of calculating the family self-
sufficiency portion of the administrative fee
under this subparagraph, each administratively
distinct part of a State or regional public
housing agency shall be treated as a separate
agency.
``(vi) Determination of number of
coordinators.--In determining whether a public
housing agency meets a specific threshold for
funding pursuant to this paragraph, the number
of participants being served by the agency in
its family self-sufficiency program shall be
considered to be the average number of families
enrolled in such agency's program during the
course of the most recent fiscal year for which
the Department of Housing and Urban Development
has data.
``(C) Proration.--If insufficient funds are
available in any fiscal year to fund all of the
coordinators authorized under this section, the first
priority shall be given to funding one coordinator at
each agency with an existing family self-sufficiency
program. The remaining funds shall be prorated based on
the number of remaining coordinators to which each
agency is entitled under this subparagraph.
``(D) Recapture.--Any fees allocated under this
subparagraph by the Secretary in a fiscal year that
have not been spent by the end of the subsequent fiscal
year shall be recaptured by the Secretary and shall be
available for providing additional fees pursuant to
subparagraph (B)(ii).
``(E) Performance standards.--Within six months
after the date of the enactment of this paragraph, the
Secretary shall publish a proposed rule specifying the
performance standards applicable to funding under
clauses (ii) and (iii) of subparagraph (B). Such
standards shall include requirements applicable to the
leveraging of in-kind services and other resources to
support the goals of the family self-sufficiency
program.
``(F) Data collection.--Public housing agencies
receiving funding under this paragraph shall collect
and report to the Secretary, in such manner as the
Secretary shall require, information on the performance
of their family self-sufficiency programs.
``(G) Evaluation.--The Secretary shall conduct a
formal and scientific evaluation of the effectiveness
of well-run family self-sufficiency programs, using
random assignment of participants to the extent
practicable. Not later than the expiration of the 4-
year period beginning upon the enactment of this
paragraph, the Secretary shall submit an interim
evaluation report to the Congress. Not later than the
expiration of the 8-year period beginning upon such
enactment, the Secretary shall submit a final
evaluation report to the Congress. There is authorized
to be appropriated $10,000,000 to carry out the
evaluation under this subparagraph.
``(H) Incentives for innovation and high
performance.--The Secretary may reserve up to 10
percent of the amounts made available for
administrative fees under this paragraph to provide
support to or reward family self-sufficiency programs
that are particularly innovative or highly successful
in achieving the goals of the program.''.
Passed the House of Representatives September 25, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Family Self-Sufficiency Act of 2007 - Amends the United States Housing Act of 1937 to revise requirements for the administrative fee payable to public housing agencies (PHAs) to cover the costs of administering family self-sufficiency programs in connection with the housing choice voucher program of the Department of Housing and Urban Development (HUD).
Prescribes: (1) a base fee for a PHA serving 25 or more program participants equal to the costs of employing one full-time family self-sufficiency coordinator (prorated for an agency serving fewer than 25 such participants); and (2) an additional fee for an agency meeting minimum performance standards to cover the costs of employing a second coordinator if the agency has 75 or more participating families, and a third coordinator if it has 125 or more participating families.
Requires the Secretary to publish a proposed rule specifying the performance standards applicable to funding such additional fees and agencies that have received HUD funding for more than three such coordinators between FY1998-FY2007.
Requires PHAs receiving such funds to collect and report to the Secretary information on the performance of their family self-sufficiency programs.
Directs the Secretary to: (1) conduct a formal and scientific evaluation of the effectiveness of well-run family self-sufficiency programs, using random assignment of participants to the extent practicable; and (2) submit interim and final reports to Congress. Authorizes appropriations for the evaluation.
Permits the Secretary to reserve up to 10% of the amounts available for administrative fees to provide support to or reward family self-sufficiency programs that are particularly innovative or highly successful in achieving program goals. | {"src": "billsum_train", "title": "To provide for payment of an administrative fee to public housing agencies to cover the costs of administering family self-sufficiency programs in connection with the housing choice voucher program of the Department of Housing and Urban Development."} | 1,183 | 364 | 0.718692 | 2.195088 | 0.796284 | 4.070513 | 3.38141 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Firearms Microstamping Evaluation
and Study Act of 2010''.
SEC. 2. PURPOSES.
The purposes of this Act are the following:
(1) To conduct a comprehensive study of firearms
microstamping technology that can be incorporated into a
firearm during the manufacturing process in order to determine
whether the technology is workable and could be a cost-
effective law enforcement tool for use in criminal
investigations.
(2) To determine the cost to manufacturers, firearm owners,
and State governments of mandating the incorporation of
microstamping technology into a firearm.
(3) To determine what happens to the reliability of
firearms microstamping if non-metallic materials are used to
manufacture cartridge cases.
SEC. 3. STUDY.
(a) In General.--Not later than 12 months after the date of the
enactment of this Act, the Attorney General shall enter into an
arrangement with the National Research Council of the National Academy
of Sciences, which shall have sole responsibility for conducting under
the arrangement a study to examine:
(1) The design parameters for an effective and uniform
system of microstamping firearms and cartridge cases and how
this information will be stored and retrieved.
(2) To determine the cost to taxpayers of incorporating
microstamping technology into a firearm, including the cost of
any new or additional equipment for law enforcement, and
additional training forensic crime laboratories would need in
order to read the presence of a microstamp on ballistic crime
scene evidence.
(3) To identify whether there are domestic or international
patents applicable to any technology capable of being applied
in the manufacturing of a firearm, capable of placing a
microscopic array of characters that identify the make, model,
and serial number of the firearm, etched or otherwise imprinted
in two or more places on the interior surface or internal
working parts of a semiautomatic pistol firearm are transferred
by imprinting on each cartridge casing when the firearm is
discharged.
(4) To determine whether the normal operation of a firearm
over time and repeated firing adversely affects the quality,
reproducibility, and legibility of the firearms microstamping
impressions on a cartridge case, whether metallic or non-
metallic, fired in a microstamped firearm.
(5) To determine if, utilizing a broad and diverse spectrum
of pistols and handgun ammunition (both imported and
domestically produced) that is commercially available for sale
in the United States, a casing will be imprinted with a legible
microstamp.
(6) To determine the extra cost to manufacture firearms
incorporating firearms microstamping technology on a mass
production basis using manufacturing techniques and equipment
commonly in use in the firearms industry.
(7) The most effective method for casing recovery that can
be used to collect fired cases for entry into a microstamping
reading system and the cost of such recovery equipment.
(8) Which countries, if any, require the sale of
microstamped firearms and how effective microstamping has been
in investigating crimes committed with microstamped firearms.
(9) How many revolvers, manually operated handguns,
semiautomatic handguns, manually operated rifles, and
semiautomatic rifles are sold in the United States each year,
the percentage of crimes committed with revolvers, other
manually operated handguns, and manually operated rifles as
compared with semiautomatic handguns and semiautomatic rifles,
and the percentage of cases where spent shell casings are
recovered at a crime scene.
(10) Determine if, when implemented, microstamping would
encourage a shift to the use of firearms that do not
automatically eject spent casings, to neutralize microstamping
identification.
(11) A comprehensive list of environmental and
nonenvironmental factors, including modifications to a firearm
with common tools and interchangeable parts, that can remove or
change the identifying marks on a cartridge case so as to
preclude a scientifically reliable identification of a firearm
that has been microstamped, and whether these factors would
preclude the specimen from being admissible as evidence in a
court of law. This would also include leaving spent shell
casings from another firearm at a crime scene.
(12) The technical improvements in database management that
will be necessary to keep pace as the number of microstamped
firearms increases, and the estimated cost of any improvements.
(13) Legal issues that need to be addressed at the Federal
and State levels to obtain the type of information that would
be captured and stored as part of a national microstamping
identification program and the sharing of the information
between any State firearm identification systems and the
Federal firearm identification system.
(14) What storage and retrieval procedures guarantee the
integrity of information concerning a microstamped firearm for
an indefinite period of time and ensure proper chain of custody
and admissibility of microstamped evidence or images in a court
of law.
(15) The time, cost, and resources necessary to enter
microstamping information into a database listing all new
handguns sold in the United States and those possessed lawfully
by firearms owners.
(16) The time, cost, and resources necessary to retrofit
all firearms in the United States with microstamped parts and
the cost of entering that information into a database.
(17) The impediments to mandating the retrofitting of
firearms in private hands with microstamping technology, and
the potential cost to firearm owners of doing so.
(18) The cost to Federal and State law enforcement of
retrofitting firearms in their possession with microstamping
technology.
(19) Whether the cost of firearms microstamping technology
outweighs the investigative benefit to law enforcement.
(20) Whether State-based microstamping systems, or a
combination of State and Federal microstamping systems can be
used to create a centralized list of firearms owners.
(21) The cost-effectiveness of systems currently in use by
Federal and State law enforcement with regard to the forensic
identification of spent projectiles, and whether an approach
based on the National Integrated Ballistic Information Network
(NIBIN) supported by the Bureau of Alcohol, Tobacco, Firearms,
and Explosives is superior to using State-based microstamping
initiatives.
SEC. 4. CONSULTATION.
In carrying out this Act, the National Research Council of the
National Academy of Sciences shall consult with--
(1) Federal, State, and local officials with expertise in
budgeting, administering, and using a ballistic imaging system,
including the Bureau of Alcohol, Tobacco, Firearms, and
Explosives, and the Federal Bureau of Investigation;
(2) law enforcement officials who use ballistic imaging
systems;
(3) entities affected by the actual and proposed uses of
microstamping technology, including manufacturers,
distributors, importers, and retailers of firearms and
ammunition, firearms purchasers and owners and their organized
representatives, the Sporting Arms and Ammunition
Manufacturers' Institute, Inc., the National Shooting Sports
Foundation, Inc., and National Rifle Association; and
(4) experts in ballistics imaging, microstamping, and
related fields, such as the Association of Firearm and Tool
Mark Examiners, projectile recovery system manufacturers, and
universities that have conducted studies on microstamping
including the University of California at Davis.
SEC. 5. REPORT.
Not later than 30 days after the National Research Council of the
National Academy of Sciences completes the study conducted under
section 3, the National Research Council shall submit to the Attorney
General a report on the results of the study, and the Attorney General
shall submit to the Congress a report, which shall be made public, that
contains the results of the study.
SEC. 6. SUSPENSION OF USE OF FEDERAL FUNDS FOR MICROSTAMPING
TECHNOLOGY.
(a) In General.--Notwithstanding any other provision of law, a
State shall not use Federal funds for microstamping technology until
the report referred to in section 5 is completed and transmitted to the
Congress.
(b) Waiver Authority.--On request of a State, the Attorney General
may waive the application of subsection (a) to a use of Federal funds
upon a showing that the use would be in the national interest.
SEC. 7. DEFINITIONS.
In this Act:
(1) The term ``microstamping technology'' means the process
or technology of etching, engraving or otherwise imprinting on
the interior surface or internal working parts of a firearm in
a microscopic array of alpha numeric characters, bar, gear, or
other code or symbol, that identifies the make, model, and
serial number of the firearm or other unique distinguishing
identification mark, code, or number associated with the
firearm, that is intended to be transferred by imprinting or
embossing on to the primer or other part of a cartridge case
from a cartridge discharged in that firearm.
(2) The term ``handgun'' has the meaning given the term in
section 921(a)(29) of title 18, United States Code.
(3) The term ``rifle'' has the meaning given the term in
section 921(a)(7) of title 18, United States Code.
(4) The term ``cartridge case'' means the main body of a
single round of ammunition into which other components are
inserted to form a cartridge.
(5) The terms ``manually operated handgun'' and ``manually
operated rifle'' mean any handgun or rifle, as the case may be,
in which all loading, unloading, and reloading of the firing
chamber is accomplished through manipulation by the user.
(6) The term ``semiautomatic handgun'' means any repeating
handgun which utilizes a portion of the energy of a firing
cartridge to extract the fired cartridge case and chamber the
next round, which requires a separate pull of the trigger to
fire each cartridge.
(7) The term ``semiautomatic rifle'' has the meaning given
the term in section 921(a)(28) of title 18, United States Code.
(8) The term ``projectile'' means that part of ammunition
that is, by means of an explosive, expelled through the barrel
of a firearm.
(9) The term ``revolver'' means a firearm with a cylinder
having several chambers so arranged as to rotate around an axis
and be discharged successively by the same firing mechanism
through a common barrel. | Firearms Microstamping Evaluation and Study Act of 2010 - Directs the Attorney General to enter into an arrangement with the National Research Council of the National Academy of Sciences to conduct a study of the cost, feasibility, and benefits of firearms microstamping technology. Requires the Council to consult with federal, state, and local officials, law enforcement officials, entities affected by the actual and proposed uses of microstamping technology, and ballistics experts in carrying out such study.
Defines "microstamping technology" to mean the process or technology of etching, engraving or otherwise imprinting on the interior surface or internal working parts of a firearm a microscopic array of alpha numeric characters, bar, gear, or other code or symbol that identifies the make, model, and serial number of the firearm. | {"src": "billsum_train", "title": "To provide for the conduct of a study on the effectiveness of firearms microstamping technology and an evaluation of its effectiveness as a law enforcement tool."} | 2,311 | 187 | 0.650404 | 2.158637 | 0.927416 | 5.90411 | 14.116438 | 0.958904 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Health Improvement and
Protection Act of 2002''.
SEC. 2. CHANGES TO RULES FOR REDISTRIBUTION AND EXTENDED AVAILABILITY
OF FISCAL YEAR 2000 AND SUBSEQUENT FISCAL YEAR
ALLOTMENTS.
Section 2104(g) of the Social Security Act (42 U.S.C. 1397dd(g)) is
amended--
(1) in the subsection heading--
(A) by striking ``and'' after ``1998'' and
inserting a comma; and
(B) by inserting ``, and 2000 and subsequent fiscal
year'' after ``1999'';
(2) in paragraph (1)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i)--
(I) by inserting ``or for fiscal
year 2000 by the end of fiscal year
2002, or allotments for fiscal year
2001 and subsequent fiscal years by the
end of the last fiscal year for which
such allotments are available under
subsection (e), subject to paragraph
(2)(C)'' after ``2001,''; and
(II) by striking ``1998 or 1999''
and inserting ``1998, 1999, 2000, or
subsequent fiscal year'';
(ii) in clause (i)--
(I) in subclause (I), by striking
``or'' at the end;
(II) in subclause (II), by striking
the period and inserting a semicolon;
and
(III) by adding at the end the
following:
``(III) the fiscal year 2000
allotment, the amount by which the
State's expenditures under this title
in fiscal years 2000, 2001, and 2002
exceed the State's allotment for fiscal
year 2000 under subsection (b);
``(IV) the fiscal year 2001
allotment, the amount by which the
State's expenditures under this title
in fiscal years 2001, 2002, and 2003
exceed the State's allotment for fiscal
year 2001 under subsection (b); or
``(V) the allotment for any
subsequent fiscal year, the amount by
which the State's expenditures under
this title in the period such allotment
is available under subsection (e)
exceeds the State's allotment for that
fiscal year under subsection (b).'';
and
(iii) in clause (ii), by striking ``1998 or
1999 allotment'' and inserting ``1998, 1999,
2000, or subsequent fiscal year allotment'';
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by
striking ``with respect to fiscal year 1998 or
1999'';
(ii) in clause (ii)--
(I) by inserting ``with respect to
fiscal year 1998 or 1999,'' after
``subsection (e)''; and
(II) by striking ``and'' at the
end;
(iii) by redesignating clause (iii) as
clause (iv); and
(iv) by inserting after clause (ii), the
following:
``(iii) notwithstanding subsection (e),
with respect to fiscal year 2000 or any
subsequent fiscal year, shall remain available
for expenditure by the State through the end of
the fiscal year in which the State is allotted
a redistribution under this paragraph; and'';
(3) in paragraph (2)--
(A) in the paragraph heading, by striking ``1998
and 1999'' and inserting ``1998, 1999, 2000, and
subsequent fiscal year'';
(B) in subparagraph (A), by adding at the end the
following:
``(iii) Fiscal year 2000 allotment.--Of the
amounts allotted to a State pursuant to this
section for fiscal year 2000 that were not
expended by the State by the end of fiscal year
2002, the amount specified in subparagraph (B)
for fiscal year 2000 for such State shall
remain available for expenditure by the State
through the end of fiscal year 2003.
``(iv) Fiscal year 2001 allotment.--Of the
amounts allotted to a State pursuant to this
section for fiscal year 2001 that were not
expended by the State by the end of fiscal year
2003, the amount specified in subparagraph (B)
for fiscal year 2001 for such State shall
remain available for expenditure by the State
through the end of 2004.
``(v) Subsequent fiscal year allotments.--
Of the amounts allotted to a State pursuant to
this section for any fiscal year after 2001,
that were not expended by the State by the end
of the last fiscal year such amounts are
available under subsection (e), the amount
specified in subparagraph (B) for that fiscal
year for such State shall remain available for
expenditure by the State through the end of the
fiscal year following the last fiscal year such
amounts are available under subsection (e).'';
(C) in subparagraph (B), by striking ``The'' and
inserting ``Subject to subparagraph (C), the'';
(D) by redesignating subparagraph (C) as
subparagraph (D); and
(E) by inserting after subparagraph (B), the
following:
``(C) Floor for fiscal years 2000 and 2001.--For
fiscal years 2000 and 2001, if the total amounts that
would otherwise be redistributed under paragraph (1)
exceed 60 percent of the total amount available for
redistribution under subsection (f) for the fiscal
year, the amount remaining available for expenditure by
the State under subparagraph (A) for such fiscal years
shall be--
``(i) the amount equal to--
``(I) 40 percent of the total
amount available for redistribution
under subsection (f) from the
allotments for the applicable fiscal
year; multiplied by
``(II) the ratio of the amount of
such State's unexpended allotment for
that fiscal year to the total amount
available for redistribution under
subsection (f) from the allotments for
the fiscal year.''; and
(4) in paragraph (3), by adding at the end the following:
``For purposes of calculating the amounts described in
paragraphs (1) and (2) relating to the allotment for any fiscal
year after 1999, the Secretary shall use the amount reported by
the States not later than November 30 of the applicable
calendar year on HCFA Form 64 or HCFA Form 21, as approved by
the Secretary.''.
SEC. 3. ESTABLISHMENT OF CASELOAD STABILIZATION POOL AND ADDITIONAL
REDISTRIBUTION OF ALLOTMENTS.
Section 2104 of the Social Security Act (42 U.S.C. 1397dd) is
amended by adding at the end the following:
``(h) Redistribution of Caseload Stabilization Pool Amounts.--
``(1) Additional redistribution to stabilize caseloads.--
``(A) In general.--With respect to fiscal year 2003
and any subsequent fiscal year, the Secretary shall
redistribute to an eligible State (as defined in
subparagraph (B)) the amount available for
redistribution to the State (as determined under
subparagraph (C)) from the caseload stabilization pool
established under paragraph (3).
``(B) Definition of eligible state.--For purposes
of subparagraph (A), an eligible State is a State whose
total expenditures under this title through the end of
the previous fiscal year exceed the total allotments
made available to the State under subsection (b) or
subsection (c) (not including amounts made available
under subsection (f)) through the previous fiscal year.
``(C) Amount of additional redistribution.--For
purposes of subparagraph (A), the amount available for
redistribution to a State under subparagraph (A) is
equal to--
``(i) the ratio of the State's allotment
for the previous fiscal year under subsection
(b) or subsection (c) to the total allotments
made available under such subsections to
eligible States as defined under subparagraph
(A) for the previous fiscal year; multiplied by
``(ii) the total amounts available in the
caseload stabilization pool established under
paragraph (3).
``(2) Period of availability.--Amounts redistributed under
this subsection shall remain available for expenditure by the
State through the end of the fiscal year in which the State
receives any such amounts.
``(3) Caseload stabilization pool.--For purposes of making
a redistribution under paragraph (1), the Secretary shall
establish a caseload stabilization pool that includes the
following amounts:
``(A) Any amount made available to a State under
subsection (g) but not expended within the periods
required under subparagraphs (g)(1)(B)(ii),
(g)(1)(B)(iii), or (g)(2)(A).
``(B) Any amount made available to a State under
this subsection but not expended within the period
required under paragraph (2).''.
SEC. 4. RESTORATION OF SCHIP FUNDING FOR FISCAL YEARS 2003 AND 2004.
(a) In General.--Paragraphs (6) and (7) of section 2104(a) of the
Social Security Act (42 U.S.C. 1397dd(a)) are amended by striking
``$3,150,000,000'' each place it appears and inserting
``$4,275,000,000''.
(b) Additional Allotment To Territories.--Section 2104(c)(4)(B) of
the Social Security Act (42 U.S.C. 1397dd(c)(4)(B)) is amended by
striking ``$25,200,000 for each of fiscal years 2002 through 2004'' and
inserting ``$25,200,000 for fiscal year 2002, $34,200,000 for each of
fiscal years 2003 and 2004''. | Children's Health Improvement and Protection Act of 2002 - Amends title XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act to: (1) revise the rules for redistribution and extended availability of FY 2000 and subsequent fiscal year allotments under SCHIP; (2) direct the Secretary of Health and Human Services to establish a caseload stabilization pool and make an additional redistribution of allotments to stabilize caseloads; and (3) restore SCHIP funding for FY 2003 and 2004. | {"src": "billsum_train", "title": "A bill to amend title XXI of the Social Security Act to modify the rules for redistribution and extended availability of fiscal year 2000 and subsequent fiscal year allotments under the State children's health insurance program, and for other purposes."} | 2,281 | 121 | 0.549802 | 1.486555 | 0.577637 | 2.860215 | 21.290323 | 0.860215 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Aid Lessons for Domestic
Economic Assistance Act of 2007''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to adapt the lessons of foreign aid to underdeveloped
economies, such as the experience of the Millennium Challenge
Corporation, to the provision of Federal economic development
assistance to similarly situated remote Native American
communities;
(2) to provide Federal economic development assistance for
Native American communities through the Native American
Challenge Demonstration Project;
(3) to administer Federal economic development assistance
in a manner that--
(A) promotes economic growth and the elimination of
poverty;
(B) strengthens good governance, entrepreneurship,
and investment in Native American communities; and
(C) builds the capacity of Native people to deal
with rapid change and uncertainty due to climate
change;
(4) to improve the effectiveness of Federal economic
development assistance by encouraging the integration and
coordination of the assistance in Native American communities;
(5) to promote sustainable economic growth and poverty
reduction policies in Native American communities in a manner
that promotes self-determination and self-sufficiency among
remote Native American communities while preserving the
cultural values of those communities; and
(6) to establish a demonstration project that, if
successful, may be broadly applied to other Native American
communities in the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Compact.--The term ``compact'' means a binding
agreement with the United States entered into pursuant to this
Act.
(2) Economic development strategy.--The term ``economic
development strategy'' means a strategy--
(A) written by an eligible entity and designed to
achieve sustainable economic growth and reduce poverty
over a defined period; and
(B) developed in consultation with public and
private sector entities, as appropriate to the
geographic area and intended beneficiaries of the
compact.
(3) Eligible entity.--The term `` eligible entity'' means--
(A) in the State of Alaska, a consortium of not
more than 2 regional Alaska Native nonprofit
organizations, to be determined by the Secretary, in
consultation with the Secretary of the Interior and the
Alaska Federation of Natives, with priority given to
organizations serving regions with high poverty levels;
(B) in the State of Hawaii, a consortia of local
Native Hawaiian community organizations, to be
determined by the Secretary, in consultation with the
Secretary of the Interior and the Office of Hawaiian
Affairs; and
(C) in the 48 contiguous States, not more than 3
organizations, to be determined by the Secretary, in
consultation with the Secretary of the Interior, which
may be Indian tribes, consortia of Indian tribes, or
nongovernmental entities authorized by 1 or more Indian
tribes.
(4) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
SEC. 4. MILLENNIUM CHALLENGE DEMONSTRATION PROJECT.
(a) Establishment.--The Secretary shall establish and implement in
the Department of Commerce a demonstration project, to be known as the
``Native American Millennium Challenge Demonstration Project''
(referred to in this section as the ``demonstration project'').
(b) Authorization of Assistance.--In carrying out the demonstration
project, the Secretary may provide assistance to any eligible entity
that enters into a compact with the United States pursuant to this Act.
(c) Form of Assistance.--Assistance under the demonstration
project--
(1) shall be provided in the form of funding agreements
established under the applicable compact;
(2) may not be provided in the form of loans; and
(3) may not be used for gaming activities covered by the
Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).
(d) Coordination.--
(1) In general.--The provision of assistance under the
demonstration project shall be coordinated, to the maximum
extent practicable, with other Federal economic development
assistance programs for Native Americans carried out by the
Federal agencies and departments described in paragraph (2).
(2) Agencies and departments.--The Federal agencies and
departments referred to in paragraph (1) are--
(A) the Department of Agriculture;
(B) the Department of Commerce;
(C) the Department of Energy;
(D) the Department of Health and Human Services;
(E) the Department of Housing and Urban
Development;
(F) the Department of the Interior;
(G) the Small Business Administration; and
(H) such other Federal agencies and
instrumentalities as the Secretary determines to be
appropriate.
(3) Integrated funding.--On execution of a compact with an
eligible entity, the Secretary, in cooperation with other
Secretaries as appropriate, shall authorize the eligible entity
to coordinate the federally funded economic development
assistance programs provided for the area served by the
eligible entity in a manner that integrates the program
services into a single, coordinated program.
(e) Programs Affected.--The programs that may be integrated under
the demonstration project include any program under which an Indian
tribe is eligible for receipt of funds under a statutory or
administrative formula for economic development purposes.
(f) Waiver Authority.--On receipt of an executed compact, the
Secretary shall consult with the eligible entity that is a party to the
compact and the Secretary of each Federal agency or department that
provides funds to be used to implement the compact to identify any
waiver of statutory requirements or applicable regulations, policies,
or procedures necessary to enable the eligible entity to implement the
compact.
SEC. 5. CHALLENGE COMPACTS.
(a) Compacts.--
(1) In general.--The Secretary shall develop and recommend
procedures for consideration of proposals for compacts
submitted by eligible entities.
(2) Assistance.--The Secretary may provide assistance to an
eligible entity only if the eligible entity enters into a
compact with the United States, to be known as a ``Native
American Challenge Compact'', that establishes a multiyear plan
for achieving development objectives in furtherance of the
purposes of this Act.
(b) Applications.--The Secretary shall develop and recommend
procedures for considering applications for compacts submitted by
eligible entities.
(c) Criteria for Selection of Eligible Entities.--The Secretary
shall develop an application process and criteria for selecting
eligible entities to enter into compacts under this Act, taking into
consideration--
(1) the purposes of this Act;
(2) the economic development strategy of the eligible
entity;
(3) the remoteness of the reservation or community to be
served by the eligible entity;
(4) the general economic status of the eligible entity;
(5) poverty rates; and
(6) the service capacity of the eligible entity.
(d) Assistance for Development of Compacts.--To the extent that
funds are appropriated in advance to carry out this section, the
Secretary may enter into contracts with, or make grants to, any
eligible entity for the purposes of facilitating the development and
implementation of a compact between the United States and the eligible
entity.
(e) Duration and Extension.--
(1) Duration.--The term of an initial compact under this
section shall not exceed 5 years.
(2) Subsequent compacts.--An eligible entity and the United
States may enter into 1 or more subsequent compacts in
accordance with this Act.
(3) Extensions.--If a compact is approaching expiration or
has expired, the eligible entity that is a party to the compact
and the United States may renegotiate or extend the compact for
such number of terms as the parties may agree, with each term
not to exceed 10 years.
(f) Elements.--In furtherance of the economic development strategy
of the applicable eligible entity, each compact shall contain--
(1) a description of the specific objectives for the
sustainable economic development and reduction of poverty that
the eligible entity and the United States expect to achieve
during the term of the compact;
(2) a description of the respective roles and
responsibilities of the eligible entity and the United States
in the achievement of those objectives;
(3) a list and description of regular benchmarks to measure
progress toward achieving those objectives;
(4) an identification of the intended beneficiaries,
disaggregated by income level, gender, and age, to the maximum
extent practicable; and
(5) a multiyear financial plan to guide the implementation
of the compact, including the estimated level of funding and
other contributions by the United States and the eligible
entity, proposed mechanisms to execute the plan, and periodic
assessments to determine whether the requirements of paragraphs
(1) through (4) are being met.
(g) Suspension and Termination of Assistance.--
(1) In general.--The Secretary may suspend or terminate
assistance, in whole or in part, for an eligible entity that
has entered into a compact with the United States if the
Secretary determines that--
(A) the eligible entity has failed to meet the
responsibilities of the eligible entity under the
compact; or
(B) the eligible entity has engaged in a pattern of
actions that is inconsistent with the purposes of this
Act.
(2) Reinstatement.--The Secretary may reinstate assistance
for an eligible entity only if the Secretary determines that
the eligible entity has demonstrated a commitment to correcting
each condition for which assistance was suspended or terminated
under paragraph (1).
SEC. 6. PROGRAM ASSESSMENTS AND REPORTS.
(a) Reports of Eligible Entities.--Not later than March 15, 2008,
and annually thereafter, each eligible entity shall prepare and submit
to the Secretary a written report describing the assistance provided to
the eligible entity under this Act during the preceding fiscal year.
(b) Report Contents.--A report required under subsection (a) shall
include--
(1) a description of the amount of obligations and
expenditures for assistance provided during the preceding
fiscal year;
(2) a description of the programs and activities conducted
by the eligible entity in furtherance of the economic
development strategy of the eligible entity and the purposes of
this Act;
(3) an assessment of the effectiveness of the assistance
provided and progress made by the eligible entity toward
achieving the economic development strategy of the eligible
entity and the purposes of this Act; and
(4) such other information as the eligible entity considers
to be relevant, taking into consideration the purposes of this
Act.
(c) Submission to Congress.--Not later than May 15, 2008, and
annually thereafter, the Secretary shall submit the reports required
under subsection (a), with such other information as the Secretary
considers to be relevant, to--
(1) the Committees on Energy and Commerce and Natural
Resources of the House of Representatives; and
(2) the Committees on Indian Affairs, Commerce, Science,
and Transportation, and Energy and Natural Resources of the
Senate.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--
(1) In general.--There is authorized to be appropriated to
carry out this Act $20,000,000 for each of fiscal years 2008
through 2012, to remain available until expended.
(2) Unappropriated amounts.--Any funds authorized but not
appropriated for any fiscal year under paragraph (1) may be
appropriated for a subsequent fiscal year, subject to the
condition that the cumulative amount authorized to be
appropriated for any of fiscal years 2008 through 2012 shall
not exceed $100,000,000.
(b) Administrative Funds.--Of the funds made available to carry out
this Act, not more than 5 percent may be used by the Secretary for the
administrative expenses of carrying out this and oversight of programs
under this Act. | Foreign Aid Lessons for Domestic Economic Assistance Act of 2007 - Directs the Secretary of Commerce to establish and implement the Native American Millennium Challenge Demonstration Project through which federal economic development assistance may be provided for certain Native American communities.
Authorizes the Secretary to provide such assistance to consortia of Alaska Native nonprofit organizations, Native Hawaiian community organizations, and other Indian tribes that enter into Native American Challenge Compacts. Requires such Compacts to establish a multiyear plan for achieving certain development objectives, including promoting economic growth and the elimination of poverty, strengthening good governance, entrepreneurship, and investment in Native American communities, and building the capacity of Native people to deal with rapid change and uncertainty due to climate change. | {"src": "billsum_train", "title": "A bill to direct the Secretary of Commerce to establish a demonstration program to adapt the lessons of providing foreign aid to underdeveloped economies to the provision of Federal economic development assistance to certain similarly situated individuals, and for other purposes."} | 2,486 | 154 | 0.676228 | 1.749251 | 0.830471 | 3.48855 | 18.335878 | 0.938931 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-China Energy
Cooperation Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The December 2004 National Intelligence Council report
entitled ``Mapping the Global Future in 2020'' states that the
single most important factor affecting the demand for energy
will be global economic growth, especially that of China and
India.
(2) The United States and China are both rich in coal and
look to it for a majority of their electricity needs.
(3) China is building its power generation base for the
first time and the United States is preparing to replace a
generation of aging electric power facilities.
(4) Carbon capture and sequestration is a viable technology
that still needs significant amounts of research and
development before it can be widely commercialized.
(5) A recent study by MIT (2007) on ``The Future of Coal''
outlines the need for several integrated projects to
demonstrate the feasibility of carbon capture and sequestration
in a variety of countries and geological settings.
(6) The United States and China are already working
together on the FutureGen project in the United States.
FutureGen is an initiative to build the world's first
integrated sequestration and hydrogen production research power
plant. The project is intended to create the world's first
zero-emissions fossil fuel plant.
(7) Joint American-Chinese research and development on
carbon capture technology would improve the energy security of
both nations.
(8) Further, both the United States and China are actively
seeking to promote industrial efficiency and conservation.
United States industry consumes more than one third of all
energy used in the United States. The United States Department
of Energy's Industrial Technologies program aims to invest in
research and development to reduce industrial energy use while
stimulating productivity and growth.
(9) The industrial sector represents 68 percent of all
primary energy consumption in China. In 2006, China's National
Development and Reform Commission launched a major program to
improve energy efficiency in China's 1,000 largest enterprises,
which together consume one third of China's primary energy.
Additionally, the Chinese Government plans to retire many
inefficient power plants and close many inefficient industrial
plants.
(10) There is a need to build capacity among scholars in
both China and the United States in the area of analytic energy
and climate change policy.
SEC. 3. GRANT PROGRAM.
(a) Application.--In order to receive a grant under this Act, an
eligible entity shall submit an application to the Secretary containing
such information and assurances as the Secretary may require.
(b) Selection.--The Secretary shall review any application
submitted by any eligible entity and select eligible entities meeting
criteria established by the Secretary to receive a grant under this
section. The amount of each grant awarded for a fiscal year under this
section shall be determined by the Secretary.
(c) Recoupment.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish procedures
and criteria for recoupment in connection with any eligible
project carried out by an eligible entity that receives a grant
under this section, which has led to the development of a
product or process which is marketed or used.
(2) Amount required.--
(A) Except as provided in subparagraph (B), such
recoupment shall be required as a condition for award
and be proportional to the Federal share of the costs
of such project, and shall be derived from the proceeds
of royalties or licensing fees received in connection
with such product or process.
(B) In the case where a product or process is used
by the recipient of a grant under this section for the
production and sale of its own products or processes,
the recoupment shall consist of a payment equivalent to
the payment which would be made under subparagraph (A).
(3) Waiver.--The Secretary may at any time waive or defer
all or some of the recoupment requirements of this subsection
as necessary, depending on--
(A) the commercial competitiveness of the entity or
entities developing or using the product or process;
(B) the profitability of the project; and
(C) the commercial viability of the product or
process utilized.
(4) Exception.--The requirement under this subsection shall
not apply to purely academic endeavors that have no commercial
value.
(d) Use of Existing Programs.--The Secretary shall carry out this
section through existing programs at the Department of Energy.
(e) Report.--Not later than 180 days after receiving a grant under
this section, each recipient shall submit a report to the Secretary--
(1) documenting how the recipient used the grant funds; and
(2) evaluating the level of success of each project funded
by the grant.
SEC. 4. DEFINITIONS.
In this Act:
(1) Eligible entity.--The term ``eligible entity'' means a
joint venture comprised of both Chinese and United States
private business entities, a joint venture comprised of both
Chinese academic persons (who reside and work in China) and
United States academic persons, or a joint venture comprised of
both Chinese and United States Federal, State, or local
government entities which--
(A) carries out an eligible project; and
(B) is selected by the Secretary using the criteria
established by the Secretary.
(2) Eligible project.--The term ``eligible project'' means
a project to encourage cooperation between the United States
and China on joint energy and climate change policy education
programs and joint research, development, or commercialization
of carbon capture and sequestration technology, improved energy
efficiency, or renewable energy sources.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The Secretary is authorized to expend not more
than $20,000,000 to carry out this Act for each of fiscal years 2008
through 2018.
(b) Relationship to Other Laws.--Amounts authorized under this
section may be made available notwithstanding any other provision of
law that restricts assistance to foreign countries. | United States-China Energy Cooperation Act - Authorizes the Secretary of Energy to make grants to encourage cooperation between the United States and China in joint ventures involving: (1) joint energy and climate change policy education programs; and (2) joint research, development, or commercialization of carbon capture and sequestration technology, improved energy efficiency, or renewable energy sources.
Requires joint ventures to be composed of both: (1) Chinese and United States private business entities; (2) Chinese academic persons (who reside and work in China) and U.S. academic persons; or (3) Chinese and U.S. federal, state, or local government entities. | {"src": "billsum_train", "title": "To authorize the Secretary of Energy to make grants to encourage cooperation between the United States and China on joint research, development, or commercialization of carbon capture and sequestration technology, improved energy efficiency, or renewable energy sources."} | 1,324 | 134 | 0.552796 | 1.66145 | 0.594468 | 4.824 | 10.072 | 0.92 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Community Health Advisor
Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Communities across America have joined forces with
State health departments, academic institutions, and community-
based public and nonprofit organizations to improve the health
of their neighborhoods and help us as a Nation reach the
Healthy People 2000 objectives.
(2) Recognizing the difficult barriers confronting their
medically underserved communities--poverty, geographic
isolation, cultural differences, lack of transportation, low
literacy, and lack of access to services--community leaders are
becoming bridges between their communities and local health and
social service providers to break down these barriers.
(3) These community leaders, often referred to as community
health advisors, are uniquely knowledgeable about their
communities' needs.
(4) Community health advisors can communicate to health and
social service providers the needs of community members,
provide quality health promotion and disease prevention
information to the community, and serve as the crucial link
between their community and service providers.
(5) Community health advisors can increase utilization of
available preventive health services, increase the
effectiveness of the health care delivery system, reduce
preventable morbidity and mortality, and improve the quality of
life of their neighbors.
(6) Community health advisors can be a critical part of our
national challenge to meet the Healthy People 2000 vision for
the new century.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ``authorized program services'', with respect
to a community health advisor program, means the services
authorized in section 5(a) to be included in a plan under such
section.
(2) The term ``community health advisor'' means an
individual--
(A) who has demonstrated the capacity to carry out
one or more of the authorized program services;
(B) who, for not less than 1 year, has been a
resident of the community in which the community health
advisor program involved is to be operated; and
(C) is a member of the target population to be
served by the program.
(3) The term ``community health advisor program'' means a
program carried out in accordance with a plan under section
5(a).
(4) The term ``financial assistance'', with respect to an
award under section 4, means a grant, cooperative agreement, or
a contract.
(5) The term ``Healthy People 2000 Objectives'' means the
objectives established by the Secretary toward the goals of
increasing the span of healthy life, reducing health
disparities among various populations, and providing access to
preventive services, which objectives apply to the health
status of the population of the United States for the year
2000.
(6) The term ``medically underserved community'' means--
(A) a community that has a substantial number of
individuals who are members of a medically underserved
population, as defined in section 330 of the Public
Health Service Act; or
(B) a community a significant portion of which is a
health professional shortage area designated under
section 332 of such Act.
(7) The term ``official poverty line'' means the official
poverty line established by the Director of the Office of
Management and Budget and revised by the Secretary in
accordance with section 673(2) of the Omnibus Budget
Reconciliation Act of 1981, which poverty line is applicable
the size of the family involved.
(8) The term ``Secretary'' means the Secretary of Health
and Human Services.
(9) The term ``State'' means each of the several States,
the District of Columbia, and each of the Commonwealth of
Puerto Rico, American Samoa, Guam, the Commonwealth of the
Northern Mariana Islands, the Virgin Islands, and the Trust
Territory of the Pacific Islands.
(10) The term ``State involved'', with respect to an
applicant for an award under section 4, means the State in
which the applicant is to carry out a community health advisor
program.
SEC. 4. FORMULA GRANTS REGARDING COMMUNITY HEALTH ADVISOR PROGRAMS.
(a) Formula Grants.--In the case of each State (or entity
designated by a State under subsection (c)) that submits to the
Secretary a plan in accordance with section 5(a) for a fiscal year, the
Secretary of Health and Human
Services, acting through the Director of the Centers for Disease
Control and Prevention and in coordination with the heads of the
agencies specified in subsection (b), shall make an award of financial
assistance to the State or entity for the development and operation of
community health advisor programs under the plan. The award shall
consist of the allotment determined under section 7 with respect to the
State, subject to section 11(b).
(b) Coordination With Other Agencies.--The agencies referred to in
subsection (a) regarding coordination are the Health Resources and
Services Administration, the National Institutes of Health, and the
Substance Abuse and Mental Health Services Administration.
(c) Designated Entities.--With respect to the State involved, an
entity other than the State may receive an award under subsection (a)
only if the entity--
(1) is a public or nonprofit private academic organization
(or other public or nonprofit private entity); and
(2) has been designated by the State to carry out the
purpose described in such subsection in the State and to
receive amounts under such subsection in lieu of the State.
SEC. 5. STATE PLAN.
(a) In General.--An applicant for an award under section 4 for a
fiscal year may receive such an award only if the applicant submits to
the Secretary a plan for such year that is in such form, is made in
such manner, and is submitted at such time as the Secretary may
require, and that meets the following requirements:
(1) The plan contains a description of how--
(A) if the applicant is a State, the award will be
administered by the State agency with the principal
responsibility for carrying out public health programs;
and
(B) if the applicant is an entity designated under
section 4, the award will be administered in
consultation with such State agency.
(2)(A) The plan contains a description of how the applicant
will--
(i) operate a clearinghouse to maintain and
disseminate information on community health advisor
programs (and similar programs) in the State;
(ii) provide to community health advisor programs
in the State technical assistance in training community
health advisors; and
(iii) provide to community health advisor programs
in the State evaluation assistance in evaluating their
community health advisor programs and preparing the
reports required in paragraph (22); and
(B) The plan contains assurances that--
(i) not more than 15 percent of the award will be
expended in the aggregate for carrying out subparagraph
(A) and for the expenses of administering the award
with respect to the State involved; and
(ii) the remainder of the award will be provided
directly to community health advisor programs in the
State for carrying out the duties of the programs
pursuant to this subsection.
(3) The plan contains a description of how the applicant
will use the award, including the following:
(A) description of the criteria the applicant will
use to identify which community-based public and
private nonprofit entities will receive funds from the
award and how the funds will be allocated among such
public and private nonprofit entities.
(B) A description of how the award will assist the
State involved in attaining the Healthy People 2000
Objectives.
(C) Assurances that for each community health
advisor program operated with the award, a program is
carried out to train community health advisors to
provide the authorized program services.
(D) Assurances that, for each community health
advisor program operated with the award, a program of
evaluation will be carried out.
(E) A description of how the applicant will
identify and consider the needs of the community
involved for the authorized program services.
(F) Assurances that each community health advisor
program operated with the award will be provided in the
cultural context most appropriate for the individuals
served by the program.
(G) A description of how the applicant will provide
public education on health promotion and disease
prevention and facilitate the use of available health
services and health-related social services.
(H) A description of how the applicant will provide
health-related counseling.
(I) A description of how the applicant will
collaborate with and provide referrals for available
health services and health-related social services.
(J) Assurances that, with respect to the purposes
for the award is authorized to be expended, the State
involved will maintain expenditures of non-Federal
amounts for such purposes at a level that is not less
than the level of such expenditures maintained by the
State for the fiscal year preceding the first fiscal
year for which such an award is made with respect to
the State.
(K) Assurances that not more than 15 percent of the
award will be expended for the program of training
under subparagraph (C).
(L) Assurances that the applicant will not provide
amounts from the award to a community-based public and
private nonprofit entity to operate a community health
advisor program unless the entity complies with section
6.
(M) Assurances that the applicant will carry out
community health advisor programs in accordance with
the guidelines established under section 8.
(N) Such other information as the Secretary may
require.
(b) Certain Expenditures.--An award under section 4 may be expended
to provide compensation for the services of community health advisors.
SEC. 6. LOCAL PLAN.
A community-based public or private nonprofit entity may receive
funds from an award under section 4 for a fiscal year to operate a
community health advisor program only if the entity submits to the
recipient of such award a plan for such year that is in such form, is
made in such manner, and is submitted at such time as the recipient may
require.
SEC. 7. DETERMINATION OF AMOUNT OF ALLOTMENT.
(a) In General.--For purposes of section 4(a), the allotment under
this section with respect to a State for a fiscal year is the greater
of--
(1) the sum of the respective amounts determined for the
State under subsection (b) and subsection (c); and
(2) $500,000.
(b) Amount Relating to Population.--For purposes of subsection (a),
the amount determined under this subsection is the product of--
(1) an amount equal to 50 percent of the amount
appropriated under section 11 for the fiscal year and available
for awards under section 4; and
(2) the percentage constituted by the ratio of--
(A) the number of individuals residing in the State
involved; to
(B) the sum of the respective amounts determined
for each State under subparagraph (A).
(c) Amount Relating to Poverty Level.--For purposes of subsection
(a), the amount determined under this subsection is the product of--
(1) the amount determined under subsection (b)(1); and
(2) the percentage constituted by the ratio of--
(A) the number of individuals residing in the State
whose income is at or below an amount equal to 200
percent of the official poverty line; to
(B) the sum of the respective amounts determined
for each State under subparagraph (A).
SEC. 8. QUALITY ASSURANCE; COST-EFFECTIVENESS.
The Secretary shall establish guidelines for assuring the quality
of community health advisor programs (including quality in the training
of community health advisors) and for assuring the cost-effectiveness
of the programs.
SEC. 9. EVALUATIONS; TECHNICAL ASSISTANCE.
(a) Evaluations.--The Secretary shall conduct evaluations of
community health advisor programs, and disseminate information
developed as a result of the evaluations. In conducting such
evaluations, the Secretary shall determine whether the programs are in
compliance with the guidelines established under section 8.
(b) Technical Assistance.--The Secretary may provide technical
assistance to recipients of awards under section 4 with respect to the
planning, development, and operation of community health advisor
programs.
(c) Grants and Contracts.--The Secretary may carry out this section
directly or through grants, cooperative agreements, or contracts.
(d) Limitation on Expenditures.--Of the amounts appropriated under
section 11 for a fiscal year, the Secretary may reserve not more than 5
percent for carrying out this section.
SEC. 10. RULE OF CONSTRUCTION REGARDING PROGRAMS OF INDIAN HEALTH
SERVICE.
This Act may not be construed as requiring the Secretary to modify
or terminate the program carried out by the Director of the Indian
Health Service and designated by such Director as the Community Health
Representative Program. The Secretary shall ensure that support for
such Program is not supplanted by awards under section 4. In
communities in which both such Program and a community health advisor
program are being carried out, the Secretary shall ensure that the
community health advisor program works in cooperation with, and as a
complement to, the Community Health Representative Program.
SEC. 11. FUNDING.
(a) Authorization of Appropriations.--For the purpose of carrying
out this Act, there are authorized to be appropriated such sums as may
be necessary for each of the fiscal years 1996 through 2001.
(b) Effect of Insufficient Appropriations for Minimum Allotments.--
(1) In general.--If the amounts made available under
subsection (a) for a fiscal year are insufficient for providing
each State (or entity designated by the State pursuant to
section 4, as the case may be) with an award under section 4 in
an amount equal to or greater than the amount specified in
section 7(a)(2), the Secretary shall, from such amounts as are
made available under subsection (a), make such awards on a
discretionary basis.
(2) Rule of construction.--For purposes of paragraph (1),
awards under section 4 are made on a discretionary basis if the
Secretary determines which States (or entities designated by
States pursuant to such section, as the case may be) are to
receive such awards, subject to meeting the requirements of
this subtitle for such an award, and the Secretary determines
the amount of such awards. | National Community Health Advisor Act - Mandates financial assistance to each applying State (or an agency designated by a State) for the development and operation of community health advisor programs. Sets forth a formula for determining the amount of allotments. Authorizes appropriations. | {"src": "billsum_train", "title": "National Community Health Advisor Act"} | 3,064 | 61 | 0.486611 | 1.224285 | 0.669283 | 2.44898 | 60.530612 | 0.816327 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice for Imprisoned Americans
Overseas Act of 2013'' or the ``Jacob's Law of 2013''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) The President is required under section 2001 of the
Revised Statutes of the United States (22 U.S.C. 1732) to
demand the release of any citizen who has been unjustly
deprived of his liberty by or under the authority of any
foreign government, and to undertake appropriate means to
obtain the release of such citizen.
(2) In a statement submitted to the Committee on the
Judiciary of the Senate on July 27, 2011, former Secretary of
State Hillary Clinton stated that ``[t]he State Department has
no greater responsibility than the protection of U.S. citizens
overseas--particularly when Americans find themselves in the
custody of a foreign government, facing an unfamiliar, and at
times unfair, legal system.''.
(3) Some United States citizens in the custody of a foreign
government have been and continue to be denied fundamental due
process and human rights under both local and international law
by foreign government officials.
(4) Mr. Jacob Ostreicher, who was detained in the notorious
Palmasola prison in Santa Cruz de la Sierra, Bolivia, from June
4, 2011, until December 18, 2012, and was subsequently placed
under house arrest, is one of the United States citizens who
currently is enduring multiple, egregious, and continuous
violations of his fundamental due process and human rights
under both local and international law.
(b) Sense of Congress.--It is the sense of Congress that foreign
government officials responsible for violations of fundamental due
process and human rights of United States citizens in the custody of a
foreign government, as well as immediate family members of such
officials, should not have the privilege of traveling to the United
States while such violations are occurring.
SEC. 3. DEPARTMENT OF STATE PROTECTION OF UNITED STATES CITIZENS
ABROAD.
(a) Training for Foreign Service Officers.--Subsection (a) of
section 703 of the Foreign Service Act of 1980 (22 U.S.C. 4023) is
amended--
(1) in the first sentence, by striking ``The Secretary''
and inserting ``(1) The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The professional development program referred to in paragraph
(1) shall include the following:
``(A) The protocol that members of the Service are to
follow to protect the human rights and due process rights of
United States citizens who are in the custody of a foreign
government and who have notified the Department of State that
one or more of such rights is being violated.
``(B) Information relating to the international human
rights that may be relevant in the case of a United States
citizen described in paragraph (1), including the right of an
individual charged with a criminal offense to be presumed
innocent until proven guilty according to law as stated in the
International Covenant on Civil and Political Rights.
``(C) The means by which a member of the Service assigned
to a new post in a foreign country will be informed of the
legal rights of a United States citizen who is in the custody
of the government of such country pursuant to the laws of such
country.''.
(b) Report to Congress.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a report that describes the
implementation of the new requirements of the professional development
program required under paragraph (2) of subsection (a) of section 703
of the Foreign Service Act of 1980, as added by subsection (a)(2) of
this section.
SEC. 4. DENIAL OF ENTRY INTO THE UNITED STATES OF CERTAIN FOREIGN
GOVERNMENT OFFICIALS.
(a) Denial of Entry.--Notwithstanding any other provision of law,
the Secretary of State may not issue any visa to, and the Secretary of
Homeland Security shall deny entry to the United States of, any foreign
government official identified pursuant to subsection (d)(1)(C) or any
immediate family members of such official.
(b) Permanent Ban.--Notwithstanding any other provision of law, if
any United States citizen identified pursuant to subsection (d)(1)(A)
dies from any cause while in the custody of a foreign government, the
government officials identified pursuant to subsection (d)(1)(C) in
relation to such citizen and the immediate family members of such
officials may not be issued any visa by the Secretary of State, and may
not be admitted by the Secretary of Homeland Security, to the United
States at any time on or after the date of the death of such citizen.
(c) Current Visas Revoked.--Notwithstanding any other provision of
law, the Secretary of State shall revoke, in accordance with section
221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), the
visa or other documentation of any alien who would be ineligible to
receive such a visa or documentation under subsection (a) or (b) of
this section.
(d) Designation of Inadmissible Foreign Officials.--
(1) Report to congress.--Not later than 30 days after the
date of the enactment of this Act and every 180 days thereafter
for five years, the Secretary of State shall submit to the
appropriate congressional committees a report that contains the
following:
(A) An identification of United States citizens who
are in the custody of a foreign government and whose
fundamental due process or human rights pursuant to the
laws of such government or international standards
binding on such government are being violated.
(B) An identification of the fundamental due
process or human rights violations that are being
committed against the citizens identified in
subparagraph (A).
(C) A list of the government officials who, based
on credible information, are responsible for the
violations of, or are failing to fulfill their official
responsibility to protect, the rights identified in
subparagraph (B) of any citizen identified in
subparagraph (A).
(2) Additional reporting requirement.--In the case of each
semi-annual report required under paragraph (1), the Secretary
of State shall include a list of the names and titles of those
government officials identified in subparagraph (C) of such
paragraph, and the names and relationships of the immediate
family members of such officials who were denied a visa or
entry to the United States pursuant to subsection (a) or (b),
or whose visa was revoked pursuant to subsection (c), during
the immediately preceding 180-day period.
(3) Form.--Each report required under paragraph (1) shall
be submitted in unclassified form.
(4) Exception for classified annex.--The name of a person
to be included in each report required under paragraph (1) may
be submitted in a classified annex only if the President--
(A) determines that it is in the best interest of a
United States citizen identified pursuant to
subparagraph (A) of such paragraph, or that it is vital
for the national security interests of the United
States to do so;
(B) uses the annex in such a manner consistent with
congressional intent and the purposes of this Act; and
(C) 15 days before submitting the name in a
classified annex, provides to the appropriate
congressional committees notice of, and a justification
for, including or continuing to include each person in
such a classified annex despite any publicly available
credible information indicating that the government
official concerned is responsible for the violations
of, or is failing to fulfill an official responsibility
to protect, the rights of a United States citizen
identified in subparagraph (A) of paragraph (1).
(5) Public availability.--The unclassified portion of the
report required under paragraph (1) shall be made available to
the public and published in the Federal Register.
(e) Removal From Report Designation.--A government official may be
removed from the lists required under subsection (d)(1)(C) if the
President determines and reports to the appropriate congressional
committees not less than 15 days before the removal from any such list
of such governmental official that--
(1) credible information exists that such government
official is not responsible for the violations of, or is
fulfilling any official responsibility to protect, the rights
identified in subsection (d)(1)(B) of any United States citizen
identified in subsection (d)(1)(A) who is in the custody of a
foreign government; or
(2) such citizen has been released.
(f) Requests by Chairpersons and Ranking Members of Appropriate
Congressional Committees.--
(1) In general.--Not later than 120 days after receiving a
written request from the chairperson and ranking member of one
of the appropriate congressional committees with respect to
whether a person meets the criteria for being included on the
list required under subsection (d)(1)(C), the President shall
transmit a response to the chairperson and ranking member of
the committee which made the request with respect to the status
of such person.
(2) Form.--The President may submit a response required
under paragraph (1) in classified form if the President
determines that it is in the best interest of a United States
citizen identified pursuant to subsection (d)(1)(A), or that it
is necessary for the national security interests of the United
States to do so.
(3) Removal.--If the President removes from the list
required under subsection (d)(1)(C) a person who has been
included on such list at the request of the chairperson and
ranking member of one of the appropriate congressional
committees, the President shall provide the chairperson and
ranking member with any information that contributed to such
removal decision. The President may transmit such information
in classified form if the President determines that such is in
the best interest of a United States citizen identified
pursuant to subsection (d)(1)(A), or that it is in the national
security interests of the United States.
(g) Nonapplicability of Confidentiality Requirement With Respect to
Visa Records.--The President shall publish the list required under
subsection (d)(1)(C) without regard to the requirements of section
222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) with
respect to confidentiality of records pertaining to the issuance or
refusal of visas or permits to enter the United States.
SEC. 5. PROHIBITION ON CERTAIN FOREIGN ASSISTANCE.
Notwithstanding any other provision of law, no assistance may be
provided to an agency, instrumentality, or other entity of a foreign
government that, based on credible information, is responsible for the
violation of, or is failing to fulfill a responsibility to protect, the
rights identified in section 4(d)(1)(B) of a United States citizen
identified in section 4(d)(1)(A).
SEC. 6. EMBASSY WEBSITE POSTINGS.
It is the sense of Congress that the website of the lead United
States diplomatic or consular mission located in a country where a
United States citizen identified in section 4(d)(1)(A) is in the
custody of a foreign government should--
(1) prominently indicate that the fundamental due process
or human rights of such citizen in the custody of the
government of such country are being violated, and
(2) provide sufficient details about the case of such
citizen to alert other United States citizens of the potential
dangers of visiting such country.
SEC. 7. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Affairs and the Committee on the Judiciary of the House
of Representatives, and the Committee on Foreign Relations and
the Committee on the Judiciary of the Senate.
(2) Immediate family members.--The term ``immediate family
members'' means a spouse, daughter or son regardless of age,
parent, brother, sister, and fiance or fiancee.
(3) International standards.--The term ``international
standards'' means standards specified in international
agreements to which the country concerned is a party, taking
into account any applicable reservations.
(4) In the custody of a foreign government.--The term ``in
the custody of a foreign government'' means to be incarcerated,
under house arrest, or otherwise deprived of one's liberty,
including through the refusal of permission to leave the
country concerned, by the government of such country. | Justice for Imprisoned Americans Overseas Act of 2013 or Jacob's Law of 2013 - Amends the Foreign Service Act of 1980 to include in the Foreign Service professional development program training to protect the rights of U.S. citizens in foreign custody. Directs the Secretary of State to submit a semiannnual report to Congress for five years that identifies: (1) U.S. citizens imprisoned in foreign countries whose fundamental due process and human rights are being violated, (2) the due process and human rights violations that are being committed against such U.S. citizens, and (3) the government officials who are responsible for such violations or who are not fulfilling their official responsibility to protect such rights. Prohibits the Secretary of State from issuing any visa to, and the Secretary of Homeland Security (DHS) from permitting entry to the United States of, any such identified official and his or her immediate family members. Makes such ban permanent if an identified U.S. citizen dies while in foreign custody. Prohibits foreign assistance from being provided to an agency or other entity of a foreign government that is responsible for the violation of, or is failing to protect, the fundamental due process or human rights of an imprisoned U.S. citizen. | {"src": "billsum_train", "title": "Jacob's Law of 2013"} | 2,744 | 274 | 0.584508 | 1.721588 | 0.713603 | 3.283186 | 11.159292 | 0.938053 |
SECTION 1. REGULATION OF PAYROLL TAX DEPOSIT AGENTS.
(a) In General.--Chapter 77 of the Internal Revenue Code of 1986
(relating to miscellaneous provisions) is amended by adding at the end
the following new section:
``SEC. 7529. PAYROLL TAX DEPOSIT AGENTS.
``(a) Registration.--
``(1) In general.--The Secretary shall establish a system
to require the initial registration and the annual renewal of
the registration of persons seeking to act as payroll tax
deposit agents authorized to make Federal employment tax
deposits on behalf of employer taxpayers. Such system shall
also--
``(A) establish a registration and renewal fee for
each payroll tax deposit agent in an amount not to
exceed $100,
``(B) provide the payroll tax deposit agent the
option of either submitting a bond as specified in
subsection (b) or submitting to an annual audit as
specified in subsection (c),
``(C) require such disclosures as are specified in
subsection (d),
``(D) require that such agent ensure the direct
notification of the employer by any Federal employment
tax authority (and State employment tax authority if
such agent contracts to make State employment tax
deposits for the employer) regarding the nonpayment of
such employment taxes, and
``(E) provide penalties for unregistered persons
acting as payroll tax deposit agents with respect to
Federal tax deposits in an amount not to exceed $10,000
for each 90 days of noncompliance.
``(2) Definition of payroll tax deposit agent.--For
purposes of this section, the term `payroll tax deposit agent'
means any person which provides payroll processing or tax
filing and deposit services to 1 or more employers (other than
an employer acting on its own behalf) if such person has the
contractual authority to access such employer's funds for the
purpose of making employment tax deposits. Such term shall not
include any person which only transfers such funds (regardless
if such person has the authority to determine the amount of
such transfer) and does not have the authority to impound such
funds for such purpose.
``(3) Employment tax.--For purposes of this section, the
term `employment tax' includes unemployment insurance
contributions.
``(b) Bonding.--
``(1) In general.--If a payroll tax deposit agent elects to
submit a bond under subsection (a)(1)(B), the amount of such
bond shall be not less than $50,000 nor more than $500,000, and
shall be determined with respect to each payroll tax deposit
agent under regulations prescribed by the Secretary.
``(2) Surety.--Any bond or security furnished pursuant to
this section shall be in such form and with such surety or
sureties as may be prescribed by regulations issued pursuant to
section 7101.
``(c) Annual Audits.--If a payroll tax deposit agent elects to
submit to an annual audit under subsection (b)(1)(B), such audit shall
be performed by an independent third party and shall be based on such
audit principles as the Secretary determines necessary, including the
following:
``(1) The escrow account of the payroll tax deposit agent
in which such agent holds its employers' taxes is balanced each
year to the total of the quarterly reconciliation statements.
``(2) The escrow account funds of the payroll tax deposit
agent are not commingled with such agent's operating funds.
``(3) No evidence that the payroll tax deposit agent used
any of the funds in such agent's escrow account to pay such
agent's own operating costs.
``(4) Receipt evidence that such agent paid the required
employment taxes on behalf of the employers to the proper
government employment tax authority.
``(d) Disclosure.--The Secretary shall require payroll tax deposit
agents to disclose to each potential and existing client prior to or at
the time of contracting for payroll services--
``(1) the client's continuing liability for payment of all
Federal and State employment taxes notwithstanding any
contractual relationship with a payroll tax deposit agent,
``(2) the mechanisms available to the client to verify the
amount and date of payment of all tax deposits made by the
payroll tax deposit agent on behalf of such client, including
the Internet address, postal address, and telephone number of
each Federal and State employment tax authority related to such
deposits, and
``(3) such other information that the Secretary determines
is necessary or appropriate to assist employers in the
selection and use of payroll tax deposit agents.
``(e) Tax Deposits and Returns.--Only persons registered under this
section may--
``(1) make Federal tax deposits on behalf of an employer,
``(2) sign and file Federal employment tax returns on
behalf of a taxpayer, and
``(3) have access to confidential tax information relating
to such employer.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the provisions of this section.''.
(b) Payroll Tax Deposit Agents Subject to Penalty for Failure To
Collect and Pay Over Tax, or Attempt To Evade or Defeat Tax.--
(1) In general.--Section 6672(a) of the Internal Revenue
Code of 1986 is amended by inserting ``, including any payroll
tax deposit agent (as defined in section 7529(a)(2)),'' after
``Any person''.
(2) Construction.--The amendment made by paragraph (1)
shall not be construed to create any inference with respect to
the interpretation of section 6672 of the Internal Revenue Code
of 1986 as such section was in effect on the day before the
date of the enactment of this Act.
(c) Clerical Amendment.--The table of sections for such chapter 77
is amended by adding at the end the following new item:
``Sec. 7529. Payroll tax deposit agents.''.
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date
of the enactment of this Act.
(2) Penalty.--The amendments made by subsection (b) shall
apply to failures occurring after the date of the enactment of
this Act. | Amends the Internal Revenue Code to require the Secretary of the Treasury to establish a registration system for payroll tax deposit agents. Requires such agents to: (1) submit to a bond or annual audit; (2) make certain disclosures to their clients concerning liability for payment of employment taxes; and (3) pay penalties for failing to collect or pay over employment taxes or for attempting to evade or defeat payment of such taxes. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to regulate payroll tax deposit agents."} | 1,355 | 89 | 0.582392 | 1.439546 | 0.971769 | 2.072289 | 15.409639 | 0.86747 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dwight D. Eisenhower Mathematics and
Science Education Amendments of 1993''.
SEC. 2. AMENDMENTS TO MATHEMATICS AND SCIENCE EDUCATION GRANTS AND
PROGRAMS.
(a) In-State Apportionment.--Section 2005(c)(1) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 2985(c)(1)) is amended--
(1) by striking ``or institution'' and inserting ``,
institution''; and
(2) by inserting after ``higher education'' the following:
``, nonprofit organizations including, museums and educational
partnership organizations''.
(b) Elementary and Secondary Education Programs.--Section 2006 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2986) is
amended--
(1) in subsection (b)(1)--
(A) in subparagraph (B), by inserting after
``minority teachers'' the following: ``or teachers who
are members of populations that are underserved by and
underrepresented in mathematics and science
education''; and
(B) in subparagraph (C)--
(i) by inserting ``, calculators'' after
``use of''; and
(ii) by striking ``(which'' and all that
follows through ``met)'';
(2) in paragraph (2) of subsection (d)--
(A) by striking ``(1)'' and inserting ``(1)(A) or
(1)(B)'';
(B) by striking ``elementary and middle schools''
and inserting ``elementary schools or middle schools'';
and
(C) by inserting ``, as appropriate,'' after ``such
local educational agency''.
(c) Higher Education Programs.--Section 2007 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 2987) is amended--
(1) in subsection (b)--
(A) by amending paragraph (1)(B) to read as
follows:
``(B)(i) The State agency for higher education shall, from not less
than 80 percent of the funds available under this subsection, make
grants available on a competitive basis to institutions of higher
education, nonprofit organizations, museums, and educational
partnership organizations in the State which apply for payments under
this section and which demonstrate involvement of local educational
agencies.
``(ii) The State agency for higher education may, from not more
than 20 percent of the funds available under this subsection, make
discretionary grants for purposes of addressing the needs of
populations that are underserved by and underrepresented in mathematics
and science education to institutions of higher education in the State
which apply for payments under this section and which demonstrate
involvement of local educational agencies.
``(iii) The State agency for higher education shall make every
effort to ensure equitable participation of private and public
institutions of higher education.''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking
``who'' and all that follows through ``level''
and inserting ``of mathematics and science at
the elementary and secondary levels'';
(ii) in subparagraph (B)--
(I) by striking the comma before
``including'' and inserting the
following: ``and training for
elementary school teachers to increase
their content knowledge of mathematics
and science,''; and
(II) by striking ``and'' at the
end;
(iii) in subparagraph (C)--
(I) by striking ``teaching skills''
and inserting ``content knowledge,
teaching skills, and instructional
practices based on current research'';
and
(II) by striking the period at the
end and inserting ``; and''; and
(iv) by adding at the end the following new
subparagraph:
``(D) recruiting and training minority students to become
mathematics and science teachers.'';
(2) by amending subsection (d) to read as follows:
``(d) Technical Assistance and Evaluation.--Not more than 5 percent
of the amount available under this section, or $30,000, whichever is
greater, may be used by the State agency for higher education for--
``(1) providing technical assistance to local educational
agencies, institutions of higher education, and nonprofit
organizations, including museums, libraries, and educational
television stations, in the conduct of programs specified in
this section;
``(2) the costs incurred by the State agency for higher
education for evaluating programs assisted under this subpart;
and
``(3) developing plans for reform of teacher preparation in
mathematics and science at the State level.''; and
(3) by adding at the end the following new subsection:
``(e) Administrative Costs.--Not more than 5 percent of the amount
available under this section, or $30,000, whichever is greater, may be
used by the State agency for higher education for the costs of the
administration and assessment of programs assisted under this subpart.
(f) State Application.--Section 2008(d) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 2988(d)) is amended by
adding at the end the following new paragraph:
``(5) How the programs planned under this subpart reflect
consideration of national standards in mathematics and
science.''.
(d) Local Application.--Section 2009 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 2989) is amended--
(1) in subsection (b)--
(A) by inserting before the semicolon at the end of
paragraph (2) the following: ``and how the programs
reflect consideration of national standards in
mathematics and science'';
(B) in paragraph (3), by inserting ``, subject to
subsection (d),'' after ``subpart'';
(C) by striking ``and'' at the end of paragraph
(5);
(D) by striking the period at the end of paragraph
(6) and inserting ``; and''; and
(E) by adding at the end the following new
paragraphs:
``(7) describe how funds under this subpart will be
coordinated with other Federal categorical education aid and
grants that support a clearly articulated state and local
education reform plan.''; and
(2) by adding at the end the following new subsection:
``(d) Applicability of Regulations Under Other Mathematics or
Science Education Programs.--No local educational agency, State
educational agency, or institution of higher education entering into an
agreement with the Secretary of Education to receive funds under this
subpart shall be required to comply with the regulations of any other
separate Federal mathematics or science education program.''. | Dwight D. Eisenhower Mathematics and Science Education Amendments of 1993 - Amends the Elementary and Secondary Education Act of 1965 (of which title II part A is the Dwight D. Eisenhower Mathematics and Science Education Act) to revise provisions for mathematics and science education grants and programs with respect to: (1) in-State apportionment; (2) elementary and secondary education programs; (3) higher education programs; (4) technical assistance and evaluation; (5) administrative costs; and (6) State and local applications. | {"src": "billsum_train", "title": "Dwight D. Eisenhower Mathematics and Science Education Amendments of 1993"} | 1,485 | 113 | 0.627797 | 1.427067 | 0.614501 | 3.29 | 13.86 | 0.91 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restore the Partnership Act''.
SEC. 2. ESTABLISHMENT.
There is established a permanent bipartisan commission to be known
as the ``National Commission on Intergovernmental Relations'' (in this
Act referred to as the ``Commission'').
SEC. 3. DECLARATION OF PURPOSE.
In order to facilitate the fullest cooperation and coordination
between all levels of government in an increasingly complex society, it
is essential that a commission be established to give continuing
attention to intergovernmental issues. It is intended that the
Commission, in the performance of its duties, will--
(1) bring together representatives of Federal, State, and
local governments for the consideration of common problems;
(2) provide a forum for discussing the administration and
coordination of Federal aid and other programs requiring
intergovernmental cooperation;
(3) give critical attention to the conditions, controls,
and oversight involved in the administration of such Federal
programs; and
(4) encourage discussion and study during the early stages
of emerging public challenges that are likely to require
intergovernmental cooperation.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 30
members, as follows:
(1) 6 appointed by the President of the United States, 3 of
whom shall be officers of the executive branch of the
government, and 3 private citizens, each of whom shall have
experience or familiarity with relations between the levels of
government.
(2) 3 appointed by the President of the Senate, who shall
be Members of the Senate.
(3) 3 appointed by the Speaker of the House of
Representatives, who shall be Members of the House.
(4) 4 appointed by the President from a panel of at least 8
Governors submitted by the National Governors' Association.
(5) 4 appointed by the President from a panel of at least 8
members of State legislative bodies submitted by the National
Conference of State Legislatures.
(6) 4 appointed by the President from a panel of at least 8
mayors submitted jointly by the National League of Cities and
the United States Conference of Mayors.
(7) 4 appointed by the President from a panel of at least 8
elected county officers submitted by the National Association
of Counties.
(8) 2 tribal officials appointed by the Secretary of the
Interior from a panel of at least 4 submitted by the National
Congress of American Indians.
(b) Political and Geographical Composition.--
(1) The members appointed from private life under paragraph
(1) of subsection (a) shall be appointed without regard to
political affiliation.
(2) Of each class of members enumerated in paragraphs (2)
and (3) of subsection (a), 2 shall be from the majority party
of the respective houses.
(3) Of each class of members enumerated in paragraphs (4),
(5), (6), and (7) of subsection (a), not more than 2 shall be
from any 1 political party.
(4) Of each class of members enumerated in paragraphs (5),
(6) and (7) of subsection (a), not more than 1 shall be from
any 1 State.
(5) At least 2 of the appointees under paragraph (6) of
subsection (a) shall be from cities with a population of less
than 500,000.
(6) At least 2 of the appointees under paragraph (7) of
subsection (a) shall be from counties with a population of less
than 50,000.
(7) 1 of the appointees under paragraph (8) of subsection
(a) shall be from a gaming tribe and 1 shall be from a non-
gaming tribe.
(c) Terms.--
(1) In general.--The term of office of each member of the
Commission shall be 2 years. Members shall be eligible for
reappointment. Except as provided in paragraph (2), members
shall serve until their successors are appointed.
(2) Termination of service in official position from which
originally appointed.--Where any member ceases to serve in the
official position from which originally appointed under section
3(a), his or her place on the Commission shall be deemed to be
vacant.
(3) Vacancies in membership.--Any vacancy in the membership
of the Commission shall be filled in the same manner in which
the original appointment was made; except that where the number
of vacancies is fewer than the number of members specified in
paragraphs (4), (5), (6), and (7) of section 3(a), each panel
of names submitted in accordance with the aforementioned
paragraphs shall contain at least 2 names for each vacancy.
SEC. 5. ORGANIZATION OF COMMISSION.
(a) Initial Meeting.--The President shall convene the Commission
not later than 90 days after the date of enactment of this Act at such
time and place as the President may designate.
(b) Chairman and Vice Chairman.--The Commission shall designate a
Chairman and a Vice Chairman from among members of the Commission.
(c) Quorum.--13 members of the Commission shall constitute a
quorum, but 2 or more members, representing more than 1 of the class of
members enumerated in section 4(a), shall constitute a quorum for the
purpose of conducting hearings.
SEC. 6. DUTIES OF COMMISSION.
The Commission shall--
(1) engage in such activities and make such studies and
investigations as are necessary or desirable in the
accomplishment of the purposes set forth in section 2;
(2) consider, on its own initiative, mechanisms for
fostering better relations between the levels of government;
(3) make available technical assistance to the executive
and legislative branches of the Federal Government in the
review of proposed legislation to determine its overall effect
on all levels of government;
(4) recommend, within the framework of the Constitution,
the most desirable allocation of governmental functions,
responsibilities, and revenues among the levels of government;
(5) recommend methods of coordinating and simplifying tax
laws and administrative policies and practices to achieve a
more orderly and less competitive fiscal relationship between
the levels of government and to reduce the burden of compliance
for taxpayers; and
(6) submit an annual report to the President and the
Congress on or before January 31 of each year.
The Commission may also submit such additional reports to the
President, to Congress or any committee of Congress, and to any unit of
government or organization as the Commission may deem appropriate.
SEC. 7. POWERS AND ADMINISTRATIVE PROVISIONS.
(a) Hearings and Sessions.--The Commission or, on the authorization
of the Commission, any subcommittee or members thereof, may, for the
purpose of carrying out the provisions of this Act, hold such hearings,
take such testimony, and sit and act at such times and places as the
Commission deems advisable. Any member authorized by the Commission may
administer oaths or affirmations to witnesses appearing before the
Commission or any subcommittee or members thereof.
(b) Cooperation by Federal Agencies.--Each department, agency, and
instrumentality of the executive branch of the government, including
independent agencies, is authorized and directed to furnish to the
Commission, upon request made by the Chairman or Vice Chairman, such
information as the Commission deems necessary to carry out its
functions under this Act.
(c) Executive Director.--The Commission shall have power to appoint
and remove an Executive Director. The Executive Director shall be paid
at the rate of basic pay for level III of the Executive Schedule. Such
appointment shall be made solely on the basis of fitness to perform the
duties of the position and without regard to political affiliation.
(d) Staff.--Subject to such rules and regulations as may be adopted
by the Commission, the Executive Director shall have the power--
(1) to appoint, fix the compensation of, and remove such
other personnel as he deems necessary; and
(2) to procure temporary and intermittent services to the
same extent as is authorized by law.
(e) Applicability of Other Laws to Employees.--Except as otherwise
provided in this Act, persons in the employ of the Commission under
subsections (c) and (d)(1) shall be considered Federal employees for
all purposes.
(f) Maximum Compensation of Employees.--No individual in the employ
of the Commission under subsection (d)(1) shall be paid compensation
for such employment at a rate in excess of the highest rate provided
for under the General Schedule.
SEC. 8. REIMBURSEMENT.
Members of the Commission shall be entitled to reimbursement for
travel, subsistence, and other necessary expenses incurred by them in
the performance of their duties as members of the Commission.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act.
SEC. 10. RECEIPT OF FUNDS; CONSIDERATION BY CONGRESS.
The Commission is authorized to receive funds through grants,
contracts, and contributions from State and local governments and
organizations thereof, and from nonprofit organizations. Such funds may
be received and expended by the Commission only for purposes of this
Act. In making appropriations to the Commission, Congress shall
consider the amount of any funds received by the Commission in addition
to those funds appropriated to it by Congress. | Restore the Partnership Act - Establishes a permanent, bipartisan National Commission on Intergovernmental Relations. Requires the Commission to: (1) engage in activities and studies necessary to give continuing attention to intergovernmental issues in order to facilitate cooperation and coordination among all levels of government; (2) consider mechanisms for fostering better relations among the levels of government; (3) make available technical assistance to the federal executive and legislative branches in the review of proposed legislation to determine its overall effect on all levels of government; (4) recommend, within the framework of the Constitution, the most desirable allocation of government functions, responsibilities, and revenues among the levels of government; (5) recommend methods of coordinating and simplifying tax laws and administrative policies and practices to achieve a more orderly and less competitive fiscal relationship among the levels of government and to reduce the burden of compliance for taxpayers; and (6) submit an annual report to the President and Congress. | {"src": "billsum_train", "title": "Restore the Partnership Act"} | 1,980 | 191 | 0.547446 | 1.682171 | 1.016758 | 6.351648 | 10.510989 | 0.978022 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Emergency Management
Restoration and Improvement Act''.
TITLE I--FEDERAL EMERGENCY MANAGEMENT AGENCY
SEC. 101. FEDERAL EMERGENCY MANAGEMENT AGENCY.
(a) Independent Establishment.--The Federal Emergency Management
Agency shall be an independent establishment in the executive branch.
(b) Director.--
(1) In general.--The Agency shall be headed by a Director,
who shall be appointed by the President, by and with the advice
and consent of the Senate, and who shall report directly to the
President. The Director of the Federal Emergency Management
Agency shall be compensated at the rate provided for at level I
of the Executive Schedule under section 5312 of title 5, United
States Code.
(2) Qualifications.--The Director of the Federal Emergency
Management Agency shall be appointed from among persons who
have significant experience, knowledge, training, and expertise
in the area of emergency preparedness, response, recovery, and
mitigation as related to natural disasters and other national
cataclysmic events.
(c) Deputy Director.--
(1) In general.--There shall be in the Federal Emergency
Management Agency one Deputy Director, who shall be appointed
by the President, by and with the advice and consent of the
Senate. The Deputy Director shall be compensated at the rate
provided for at level II of the Executive Schedule under
section 5313 of title 5, United States Code.
(2) Qualifications.--The Deputy Director shall be appointed
from among persons who have extensive background in disaster
response and disaster preparedness.
(3) Responsibilities.--Subject to the direction and control
of the Director of the Federal Emergency Management Agency, the
Deputy Director shall have primary responsibility within the
Agency for natural disasters and non-natural disasters,
including large-scale terrorist attacks.
TITLE II--TRANSFER AND SAVINGS PROVISIONS
SEC. 201. TRANSFER OF FUNCTIONS.
There shall be transferred to the Director of the Federal Emergency
Management Agency--
(1) the functions (including the functions under paragraphs
(3) and (8) of section 430(c) of the Homeland Security Act of
2002 (6 U.S.C. 238(c)), personnel, assets, and liabilities of
the Department of Homeland Security relating to the Federal
Emergency Management Agency; and
(2) the functions of the Department of Homeland Security
under sections 502 (other than paragraph (2)) and 503(2) of the
Homeland Security Act of 2002 (6 U.S.C. 312, 313), and the
personnel, assets, and liabilities of the Department relating
to such functions.
SEC. 202. TRANSITION PERIOD.
The transfers under this title shall be carried out as soon as
practicable after the date of enactment of this Act. During the
transition period, the Secretary of Homeland Security shall provide to
the Director of the Federal Emergency Management Agency such
assistance, including the use of personnel and assets, as the Director
may request in preparing for the transfer.
SEC. 203. PERSONNEL PROVISIONS.
(a) Appointments.--The Director of the Federal Emergency Management
Agency may appoint and fix the compensation of such officers and
employees, including investigators, attorneys, and administrative law
judges, as may be necessary to carry out the respective functions
transferred under this title. Except as otherwise provided by law, such
officers and employees shall be appointed in accordance with the civil
service laws and their compensation fixed in accordance with title 5,
United States Code.
(b) Experts and Consultants.--The Director of the Federal Emergency
Management Agency may obtain the services of experts and consultants in
accordance with section 3109 of title 5, United States Code, and
compensate such experts and consultants for each day (including
traveltime) at rates not in excess of the rate of pay for level IV of
the Executive Schedule under section 5315 of such title. The Director
of the Federal Emergency Management Agency may pay experts and
consultants who are serving away from their homes or regular place of
business, travel expenses and per diem in lieu of subsistence at rates
authorized by sections 5702 and 5703 of such title for persons in
Government service employed intermittently.
SEC. 204. DELEGATION AND ASSIGNMENT.
Except where otherwise expressly prohibited by law or otherwise
provided by this title, the Director of the Federal Emergency
Management Agency may delegate any of the functions transferred to the
Director of the Federal Emergency Management Agency by this title and
any function transferred or granted to such Director after the
effective date of this title to such officers and employees of the
Federal Emergency Management Agency as the Director may designate, and
may authorize successive redelegations of such functions as may be
necessary or appropriate. No delegation of functions by the Director of
the Federal Emergency Management Agency under this section or under any
other provision of this title shall relieve such Director of
responsibility for the administration of such functions.
SEC. 205. REORGANIZATION.
The Director of the Federal Emergency Management Agency is
authorized to allocate or reallocate any function transferred under
section 201 among the officers of the Federal Emergency Management
Agency, and to establish, consolidate, alter, or discontinue such
organizational entities in the Federal Emergency Management Agency as
may be necessary or appropriate.
SEC. 206. RULES.
The Director of the Federal Emergency Management Agency is
authorized to prescribe, in accordance with the provisions of chapters
5 and 6 of title 5, United States Code, such rules and regulations as
the Director determines necessary or appropriate to administer and
manage the functions of the Federal Emergency Management Agency.
SEC. 207. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.
Except as otherwise provided in this title, the personnel employed
in connection with, and the assets, liabilities, contracts, property,
records, and unexpended balances of appropriations, authorizations,
allocations, and other funds employed, used, held, arising from,
available to, or to be made available in connection with the functions
transferred by this title, subject to section 1531 of title 31, United
States Code, shall be transferred to the Federal Emergency Management
Agency. Unexpended funds transferred pursuant to this section shall be
used only for the purposes for which the funds were originally
authorized and appropriated.
SEC. 208. INCIDENTAL TRANSFERS.
The Director of the Office of Management and Budget, at such time
or times as the Director shall provide, is authorized to make such
determinations as may be necessary with regard to the functions
transferred by this title, and to 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, as may be necessary to carry out the provisions of this
title. The Director of the Office of Management and Budget shall
provide for the termination of the affairs of all entities terminated
by this title and for such further measures and dispositions as may be
necessary to effectuate the purposes of this title.
SEC. 209. EFFECT ON PERSONNEL.
(a) In General.--Except as otherwise provided by this title, the
transfer pursuant to this title of full-time personnel (except special
Government employees) and part-time personnel holding permanent
positions shall not cause any such employee to be separated or reduced
in grade or compensation for one year after the date of transfer of
such employee under this title.
(b) Executive Schedule Positions.--Except as otherwise provided in
this title, any person who, on the day preceding the effective date of
this title, held a position compensated in accordance with the
Executive Schedule prescribed in chapter 53 of title 5, United States
Code, and who, without a break in service, is appointed in the Federal
Emergency Management Agency to a position having duties comparable to
the duties performed immediately preceding such appointment shall
continue to be compensated in such new position at not less than the
rate provided for such previous position, for the duration of the
service of such person in such new position.
SEC. 210. SAVINGS PROVISIONS.
(a) Continuing Effect of Legal Documents.--All orders,
determinations, rules, regulations, permits, agreements, grants,
contracts, certificates, licenses, registrations, privileges, and other
administrative actions--
(1) which have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or
official thereof, or by a court of competent jurisdiction, in
the performance of functions which are transferred under this
title, and
(2) which are in effect at the time this title takes
effect, or were final before the effective date of this title
and are to become effective on or after the effective date of
this title,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the President, the Director of the Federal Emergency Management Agency
or other authorized official, a court of competent jurisdiction, or by
operation of law.
(b) Proceedings not Affected.--The provisions of this title shall
not affect any proceedings, including notices of proposed rulemaking,
or any application for any license, permit, certificate, or financial
assistance pending before the Federal Emergency Management Agency at
the time this title takes effect, with respect to functions transferred
by this title but such proceedings and applications shall continue.
Orders shall be issued in such proceedings, appeals shall be taken
therefrom, and payments shall be made pursuant to such orders, as if
this title had not been enacted, and orders issued in any such
proceedings shall continue in effect until modified, terminated,
superseded, or revoked by a duly authorized official, by a court of
competent jurisdiction, or by operation of law. Nothing in this
subsection shall be deemed to prohibit the discontinuance or
modification of any such proceeding under the same terms and conditions
and to the same extent that such proceeding could have been
discontinued or modified if this title had not been enacted.
(c) Suits not Affected.--The provisions of this title shall not
affect suits commenced before the effective date of this title, and in
all such suits, proceedings shall be had, appeals taken, and judgments
rendered in the same manner and with the same effect as if this title
had not been enacted.
(d) Nonabatement of Actions.--No suit, action, or other proceeding
commenced by or against the Federal Emergency Management Agency, or by
or against any individual in the official capacity of such individual
as an officer of the Federal Emergency Management Agency, shall abate
by reason of the enactment of this title.
(e) Administrative Actions Relating to Promulgation of
Regulations.--Any administrative action relating to the preparation or
promulgation of a regulation by the Federal Emergency Management Agency
relating to a function transferred under this title may be continued by
the Federal Emergency Management Agency with the same effect as if this
title had not been enacted.
SEC. 211. REFERENCES.
Any reference in any other Federal law, Executive order, rule,
regulation, or delegation of authority, or any document of or
pertaining to a department, agency, or office from which a function is
transferred by this title--
(1) to the head of such department, agency, or office is
deemed to refer to the head of the department, agency, or
office to which such function is transferred; or
(2) to such department, agency, or office is deemed to
refer to the department, agency, or office to which such
function is transferred.
SEC. 212. CONFORMING AMENDMENTS AND REPEALS.
(a) Homeland Security Act of 2002.--
(1) Section 504.--Section 504(a) of the Homeland Security
Act of 2002 (6 U.S.C. 314(a)) is amended by striking ``, major
disaster,''.
(2) Repeals.--The following provisions of the Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.) are repealed:
(A) Section 2(11).
(B) Section 503(1).
(C) Section 507.
(D) Section 508.
(b) Title 5, United States Code.--
(1) Director.--Section 5312 of title 5, United States Code,
is amended by adding at the end the following:
``Director of the Federal Emergency Management Agency.''.
(2) Deputy director.--Section 5313 of title 5, United
States Code, is amended by adding at the end the following:
``Deputy Director of the Federal Emergency Management
Agency.''.
(c) Additional Conforming Amendments.--
(1) Recommended legislation.--After consultation with the
appropriate committees of the Congress and the Director of the
Office of Management and Budget, the Director of the Federal
Emergency Management Agency shall prepare and submit to
Congress recommended legislation containing technical and
conforming amendments to reflect the changes made by this Act.
(2) Submission to congress.--Not later than 6 months after
the effective date of this title, the Director of the Federal
Emergency Management Agency shall submit the recommended
legislation referred to under subsection (a).
SEC. 213. LIMITATION ON STATUTORY CONSTRUCTION.
Nothing in this Act shall be construed to limit the primary mission
of the Department of Homeland Security set forth in subparagraphs (A),
(B), (E), (F), (G), and (H) of section 101(b) of the Homeland Security
Act of 2002 (6 U.S.C. 111(b)). | National Emergency Management Restoration and Improvement Act - Establishes the Federal Emergency Management Agency (FEMA) as an independent establishment in the executive branch.
Requires the FEMA Director to be appointed, by the President, by and with the advice and consent of the Senate, from among persons who have significant expertise in the area of emergency preparedness, response, recovery, and mitigation as related to natural disasters and other national cataclysmic events. | {"src": "billsum_train", "title": "To reestablish the Federal Emergency Management Agency as an independent establishment in the executive branch, and for other purposes."} | 2,956 | 96 | 0.588988 | 1.433891 | 1.441752 | 6.506173 | 33.802469 | 0.950617 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Care and Development Block
Grant Amendments Act of 1995''.
SEC. 2. AMENDMENTS TO THE CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF
1990.
(a) Authorization of Appropriations.--Section 658B of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C. 9858) is
amended to read as follows:
``SEC. 658B. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subchapter $1,000,000,000 for fiscal year 1996, and such sums as may be
necessary for each of the fiscal years 1997 through 2000.''.
(b) Lead Agency.--Section 658D(b) of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858b(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``State'' and
inserting ``governmental or nongovernmental''; and
(B) in subparagraph (C), by inserting ``with
sufficient time and Statewide distribution of the
notice of such hearing,'' after ``hearing in the
State''; and
(2) in paragraph (2), by striking the second sentence.
(c) Application and Plan.--Section 658E of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858c) is amended--
(1) in subsection (b), by striking ``implemented--'' and
all that follows through ``plans.'' and inserting ``implemented
during a 2-year period.'';
(2) in subsection (c)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) in clause (iii) by striking the
semicolon and inserting a period; and
(II) by striking ``except'' and all
that follows through ``1992.''; and
(ii) in subparagraph (E)--
(I) by striking clause (ii) and
inserting the following new clause:
``(ii) the State will implement mechanisms
to ensure that appropriate payment mechanisms
exist so that proper payments under this
subchapter will be made to providers within the
State and to permit the State to furnish
information to such providers.''; and
(II) by adding at the end thereof
the following new sentence: ``In lieu
of any licensing and regulatory
requirements applicable under State and
local law, the Secretary, in
consultation with Indian tribes and
tribal organizations, shall develop
minimum child care standards (that
appropriately reflect tribal needs and
available resources) that shall be
applicable to Indian tribes and tribal
organization receiving assistance under
this subchapter.''; and
(iii) by striking subparagraphs (H) and
(I); and
(B) in paragraph (3)--
(i) in subparagraph (C)--
(I) in the subparagraph heading, by
striking ``and to increase'' and all
that follows through ``care services'';
(II) by striking ``25 percent'' and
inserting ``15 percent''; and
(III) by striking ``and to provide
before-'' and all that follows through
``658H)''; and
(ii) by adding at the end thereof the
following new subparagraph:
``(D) Limitation on administrative costs.--Not more
than 5 percent of the aggregate amount of payments
received under this subchapter by a State in each
fiscal year may be expended for administrative costs
incurred by such State to carry out all its functions
and duties under this subchapter.''.
(d) Sliding Fee Scale.--
(1) In general.--Section 658E(c)(5) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(5)) is
amended by inserting before the period the following: ``and
that ensures a representative distribution of funding among the
working poor and recipients of Federal welfare assistance''.
(2) Eligibility.--Section 658P(4)(B) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858n(4)(B)) is
amended by striking ``75 percent'' and inserting ``100
percent''.
(e) Quality.--Section 658G of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858e) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``A State'' and inserting ``(a) In
General.--A State'';
(B) by striking ``not less than 20 percent of'';
and
(C) by striking ``one or more of the following''
and inserting ``carrying out the resource and referral
activities described in subsection (b), and for one or
more of the activities described in subsection (c).'';
(2) in paragraph (1), by inserting before the period the
following: ``, including providing comprehensive consumer
education to parents and the public, referrals that honor
parental choice, and activities designed to improve the quality
and availability of child care'';
(3) by striking ``(1) Resource and Referral Programs.--
Operating'' and inserting the following:
``(b) Resource and Referral Programs.--The activities described in
this subsection are operating'';
(4) by redesignating paragraphs (2) through (5) as
paragraphs (1) through (4), respectively;
(5) by inserting before paragraph (1) (as so redesignated)
the following:
``(c) Other Activities.--The activities described in this section
are the following:''; and
(6) by adding at the end thereof the following:
``(5) Before- and after-school activities.--Increasing the
availability of before- and after-school care.
``(6) Infant care.--Increasing the availability of child
care for infants under the age of 18 months.
``(7) Nontraditional work hours.--Increasing the
availability of child care between the hours of 5:00 p.m. and
8:00 a.m.
``(d) Nondiscrimination.--With respect to child care providers that
comply with applicable State law but which are otherwise not required
to be licensed by the State, the State, in carrying out this section,
may not discriminate against such a provider if such provider desires
to participate in resource and referral activities carried out under
subsection (b).''.
(f) Repeal.--Section 658H of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858f) is repealed.
(g) Enforcement.--Section 658I(b)(2) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858g(b)(2)) is
amended--
(1) in the matter following clause (ii) of subparagraph
(A), by striking ``finding and that'' and all that follows
through the period and inserting ``finding and may impose
additional program requirements on the State, including a
requirement that the State reimburse the Secretary for any
funds that were improperly expended for purposes prohibited or
not authorized by this subchapter, that the Secretary deduct
from the administrative portion of the State allotment for the
following fiscal year an amount that is less than or equal to
any improperly expended funds, or a combination of such
options.''; and
(2) by striking subparagraphs (B) and (C).
(h) Reports.--Section 658K of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858i) is amended--
(1) in the section heading, by striking ``ANNUAL REPORT''
and inserting ``REPORTS''; and
(2) in subsection (a)--
(A) in the subsection heading, by striking ``Annual
Report'' and inserting ``Reports'';
(B) by striking ``December 31, 1992, and annually
thereafter'' and inserting ``December 31, 1996, and
every 2 years thereafter'';
(C) in paragraph (2)--
(i) in subparagraph (A), by inserting
before the semicolon ``and the types of child
care programs under which such assistance is
provided'';
(ii) by striking subparagraph (B); and
(iii) by redesignating subparagraphs (C)
and (D) as subparagraphs (B) and (C),
respectively;
(D) by striking paragraph (4);
(E) by redesignating paragraphs (5) and (6) as
paragraphs (4) and (5), respectively;
(F) in paragraph (4), as so redesignated, by
striking ``and'' at the end thereof;
(G) in paragraph (5), as so redesignated, by adding
``and'' at the end thereof; and
(H) by inserting after paragraph (5), as so
redesignated, the following new paragraph:
``(6) describing the extent and manner to which the
resource and referral activities are being carried out by the
State;''.
(i) Report by Secretary.--Section 658L of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858j) is amended--
(1) by striking ``1993'' and inserting ``1997'';
(2) by striking ``annually'' and inserting ``bi-annually'';
and
(3) by striking ``Education and Labor'' and inserting
``Economic and Educational Opportunities''.
(j) Allotments.--Section 658O of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858m) is amended--
(1) in subsection (c), by adding at the end thereof the
following new paragraph:
``(6) Construction or Renovation of Facilities.--
``(A) Request for use of funds.--An Indian tribe or
tribal organization may submit to the Secretary a
request to use amounts provided under this subsection
for construction or renovation purposes.
``(B) Determination.--With respect to a request
submitted under subparagraph (A), and except as
provided in subparagraph (C), upon a determination by
the Secretary that adequate facilities are not
otherwise available to an Indian tribe or tribal
organization to enable such tribe or organization to
carry out child care programs in accordance with this
subchapter, and that the lack of such facilities will
inhibit the operation of such programs in the future,
the Secretary may permit the tribe or organization to
use assistance provided under this subsection to make
payments for the construction or renovation of
facilities that will be used to carry out such
programs.
``(C) Limitation.--The Secretary may not permit an
Indian tribe or tribal organization to use amounts
provided under this subsection for construction or
renovation if such use will result in a decrease in the
level of child care services provided by the tribe or
organization as compared to the level of such services
provided by the tribe or organization in the fiscal
year preceding the year for which the determination
under subparagraph (A) is being made.
``(D) Uniform procedures.--The Secretary shall
develop and implement uniform procedures for the
solicitation and consideration of requests under this
paragraph.''; and
(2) in subsection (e)--
(A) in paragraph (1), by striking ``Any'' and
inserting ``Except as provided in paragraph (4), any'';
and
(B) by adding at the end thereof the following new
paragraph:
``(4) Indian tribes or tribal organizations.--Any portion
of a grant or contract made to an Indian tribe or tribal
organization under subsection (c) that the Secretary determines
is not being used in a manner consistent with the provision of
this subchapter in the period for with the grant or contract is
made available, shall be reallocated by the Secretary to other
tribes or organization that have submitted applications under
subsection (c) in proportion to the original allocations to
such tribes or organization.''.
(k) Definitions.--Section 658P of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858n) is amended--
(1) in paragraph (2), in the first sentence by inserting
``or as a deposit for child care services if such a deposit is
required of other children being cared for by the provider''
after ``child care services''; and
(2) in paragraph (5)(B)--
(A) by inserting ``great grandchild, sibling (if
the provider lives in a separate residence),'' after
``grandchild,'';
(B) by striking ``is registered and''; and
(C) by striking ``State'' and inserting
``applicable''.
(l) Application of Subchapter.--The Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) is amended by adding
at the end thereof the following new section:
``SEC. 658T. APPLICATION TO OTHER PROGRAMS.
``Notwithstanding any other provision of law, a State that uses
funding for child care services under any Federal program shall ensure
that activities carried out using such funds meet the requirements,
standards, and criteria of this subchapter and the regulations
promulgated under this subchapter. Such sums shall be administered
through a uniform State plan. To the maximum extent practicable,
amounts provided to a State under such programs shall be transferred to
the lead agency and integrated into the program established under this
subchapter by the State.''.
SEC. 3. SENSE OF THE SENATE.
(a) Findings.--The Senate finds that--
(1) the availability and accessibility of quality child
care will be critical to any welfare reform effort;
(2) as parents move from welfare into the workforce or into
job preparation and education, child care must be affordable
and safe;
(3) whether parents are pursuing job training,
transitioning off welfare, or are already in the work force and
attempting to remain employed, no parent can be expected to
leave his or her child in a dangerous situation;
(4) affordable and accessible child care is a prerequisite
for job training and for entering the workforce; and
(5) studies have shown that the lack of quality child care
is the most frequently cited barrier to employment and self-
sufficiency.
(b) Sense of the Senate.--It is the sense of the Senate that the
Federal Government has a responsibility to provide funding and
leadership with respect to child care.
SEC. 4. REPEALS AND TECHNICAL AND CONFORMING AMENDMENTS.
(a) State Dependent Care Development Grants Act.--The State
Dependent Care Development Grants Act (42 U.S.C. 9871 et seq.) is
repealed.
(b) Child Development Associate Scholarship Assistance Act of
1985.--The Child Development Associate Scholarship Assistance Act of
1985 (42 U.S.C. 10901 et seq.) is repealed.
(c) Additional Conforming Amendments.--
(1) Recommended legislation.--After consultation with the
appropriate committees of the Congress and the Director of the
Office of Management and Budget, the Secretary of Health and
Human Services shall prepare and submit to the Congress a
legislative proposal in the form of an implementing bill
containing technical and conforming amendments to reflect the
amendments and repeals made by this Act.
(2) Submission to congress.--Not later than 6 months after
the date of enactment of this Act, the Secretary of Health and
Human Services shall submit the implementing bill referred to
under paragraph (1). | Child Care and Development Block Grant Amendments Act of 1995 - Amends the Child Care and Development Block Grant Act of 1990 to consolidate Federal child care programs.
Extends the authorization of appropriations under the Act.
Revises provisions for the lead agency to allow such agency to administer the financial assistance received by the State under the act either directly or through other governmental or nongovernmental agencies. Requires sufficient time and statewide distribution for the notice of the public hearing on child care services provision under the State plan. Revises provisions for the State application and plan. Eliminates a requirement that providers that are not required to be licensed or regulated under State or local law be required to register with the State before payment is made under the Act. Requires the State to implement mechanisms to ensure that appropriate payment mechanisms exist so that proper payments under this subchapter will be made to providers. Directs the Secretary of Health and Human Services to develop minimum child care standards, appropriately reflective of tribal needs and available resources, applicable to Indian tribes and tribal organization receiving assistance under the Act.
Reduces the set-aside from 25 to 15 percent of annual assistance to a State; but applies such set-aside only to child care quality improvement activities and no longer to early childhood development and before- and after-school care services. Adds a limitation on administrative costs.
Requires the sliding fee scale to ensure a representative distribution of funding among the working poor and recipients of Federal welfare assistance. Expands eligibility criteria to include families earning up to 100 percent (currently 75 percent) of the State median family income.
Revises requirements relating to quality improvement activities to include: (1) under resource and referral programs, consumer education, referrals honoring parental choice, and activities to improve quality and availability of child care; and (2) under other activities, increasing availability of care before- and after-school, for infants, and during nontraditional work hours.
Repeals a requirement that States expend a specified minimum amount of reserved funds for early childhood development and before- and after-school services.
Revises requirements for enforcement and for reports.
Authorizes the Secretary to permit an Indian tribe or rganization to use certain assistance to construct or renovate facilities that will be used to carry out child care programs. Provides for reallocation of assistance to other Indian tribes or organizations under certain conditions.
Allows use of child care certificates as deposits.
Includes among eligible child care providers those who care for an eligible great grandchild or sibling (if in the latter case the provider lives in a separate residence). Eliminates certain registration requirements for providers who are relatives.
Requires a State that uses funding for child care services under any Federal program to: (1) ensure that activities carried out using such funds meet the requirements, standards, criteria of, and the regulations promulgated under, the Act; (2) administer such funds to the lead agency and integrate them into the State program under the Act.
Expresses the sense of the Senate that the Federal Government has a responsibility to provide funding and leadership with respect to child care.
Repeals: (1) the State Dependent Care Development Grants Act; and (2) the Child development Associate Scholarship Assistance Act of 1985.
Directs the Secretary to submit to the Congress a legislative proposal in the form of an implementing bill containing technical and conforming amendments to reflect the amendments and repeals made by this Act. | {"src": "billsum_train", "title": "Child Care and Development Block Grant Amendments Act of 1995"} | 3,566 | 729 | 0.477415 | 1.551028 | 0.697677 | 3.117117 | 4.743243 | 0.852853 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sharing Automated Vehicle Records
with Everyone for Safety Act'' or the ``SHARES Act''.
SEC. 2. HIGHLY AUTOMATED VEHICLE INFORMATION SHARING ADVISORY COUNCIL.
(a) Establishment.--Subject to the availability of appropriations,
not later than 6 months after the date of enactment of this Act, the
Secretary of Transportation shall establish in the National Highway
Traffic Safety Administration a Highly Automated Vehicle Information
Sharing Advisory Council (hereinafter referred to as the ``Council'').
(b) Membership.--Members of the Council shall include a diverse
group representative of business, academia and independent researchers,
State and local authorities, safety and consumer advocates, engineers,
labor organizations, environmental experts, a representative of the
National Highway Traffic Safety Administration, and other members
determined to be appropriate by the Secretary. The Council shall be
composed of not less than 15 and not more than 30 members appointed by
the Secretary.
(c) Terms.--Members of the Council shall be appointed by the
Secretary of Transportation and shall serve for a term of three years.
(d) Vacancies.--Any vacancy occurring in the membership of the
Council shall be filled in the same manner as the original appointment
for the position being vacated. The vacancy shall not affect the power
of the remaining members to execute the duties of the Council.
(e) Duties.--The Council shall undertake information gathering
activities, develop technical advice, and present best practices or
recommendations to the Secretary regarding the development of a
framework that allows manufacturers of highly automated vehicles to
share with each other and the National Highway Traffic Safety
Administration relevant, situational information related to any testing
or deployment event on public streets resulting or that reasonably
could have resulted in damage to the vehicle or any occupant thereof
and validation of such vehicles in a manner that does not risk public
disclosure of such information or disclosure of confidential business
information.
(f) Report to Congress.--The recommendations of the Council shall
also be reported to the Committee on Energy and Commerce of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(g) Federal Advisory Committee Act.--The establishment and
operation of the Council shall conform to the requirements of the
Federal Advisory Committee Act (5 U.S.C. App.).
(h) Technical Assistance.--On request of the Council, the Secretary
shall provide such technical assistance to the Council as the Secretary
determines to be necessary to carry out the Council's duties.
(i) Detail of Federal Employees.--On the request of the Council,
the Secretary may detail, with or without reimbursement, any of the
personnel of the Department of Transportation to the Council to assist
the Council in carrying out its duties. Any detail shall not interrupt
or otherwise affect the civil service status or privileges of the
Federal employee.
(j) Payment and Expenses.--Members of the Council shall serve
without pay, except travel and per diem will be paid each member for
meetings called by the Secretary.
(k) Termination.--The Council shall terminate 6 years after the
date of enactment of this Act.
(l) Definitions.--
(1) In general.--In this section--
(A) the term ``automated driving system'' means the
hardware and software that are collectively capable of
performing the entire dynamic driving task on a
sustained basis, regardless of whether such system is
limited to a specific operational design domain;
(B) the term ``dynamic driving task'' means all of
the real time operational and tactical functions
required to operate a vehicle in on-road traffic,
excluding the strategic functions such as trip
scheduling and selection of destinations and waypoints,
and including--
(i) lateral vehicle motion control via
steering;
(ii) longitudinal vehicle motion control
via acceleration and deceleration;
(iii) monitoring the driving environment
via object and event detection, recognition,
classification, and response preparation;
(iv) object and event response execution;
(v) maneuver planning; and
(vi) enhancing conspicuity via lighting,
signaling, and gesturing;
(C) the term ``highly automated vehicle''--
(i) means a motor vehicle equipped with an
automated driving system; and
(ii) does not include a commercial motor
vehicle (as defined in section 31101 of title
49, United States Code); and
(D) the term ``operational design domain'' means
the specific conditions under which a given driving
automation system or feature thereof is designed to
function.
(2) Revisions to certain definitions.--
(A) If SAE International (or its successor
organization) revises the definition of any of the
terms defined in subparagraph (A), (B), or (D) of
paragraph (1) in Recommended Practice Report J3016, it
shall notify the Secretary of the revision. The
Secretary shall publish a notice in the Federal
Register to inform the public of the new definition
unless, within 90 days after receiving notice of the
new definition and after opening a period for public
comment on the new definition, the Secretary notifies
SAE International (or its successor organization) that
the Secretary has determined that the new definition
does not meet the need for motor vehicle safety, or is
otherwise inconsistent with the purposes of chapter 301
of title 49, United States Code. If the Secretary so
notifies SAE International (or its successor
organization), the existing definition in paragraph (1)
shall remain in effect.
(B) If the Secretary does not reject a definition
revised by SAE International (or its successor
organization) as described in subparagraph (A), the
Secretary shall promptly make any conforming amendments
to the regulations and standards of the Secretary that
are necessary. The revised definition shall apply for
purposes of this section. The requirements of section
553 of title 5, United States Code, shall not apply to
the making of any such conforming amendments.
(C) Pursuant to section 553 of title 5, United
States Code, the Secretary may update any of the
definitions in subparagraph (A), (B), or (D) of
paragraph (1) if the Secretary determines that
materially changed circumstances regarding highly
automated vehicles have impacted motor vehicle safety
such that the definitions need to be updated to reflect
such circumstances. | Sharing Automated Vehicle Records with Everyone for Safety Act or the SHARES Act This bill directs the Department of Transportation (DOT) to establish in the National Highway Traffic Safety Administration (NHTSA) a Highly Automated Vehicle Information Sharing Advisory Council. The council shall undertake information gathering activities, develop technical advice, and present best practices or recommendations to DOT regarding the development of a framework to allow manufacturers of highly automated vehicles to share with each other and NHTSA relevant situational information related to any testing or deployment event on public streets resulting in damage to the vehicle or vehicle occupant and validation of such vehicles in a manner that does not risk public disclosure of such information or disclosure of confidential business information. A "highly automated vehicle" is defined as a motor vehicle (excluding a commercial motor vehicle) equipped with an automated driving system. An "automated driving system" is defined as the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether such system is limited to a specific operational design domain. | {"src": "billsum_train", "title": "Sharing Automated Vehicle Records with Everyone for Safety Act"} | 1,376 | 237 | 0.603161 | 1.960995 | 0.936565 | 5.35 | 6.49 | 0.93 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Antibiotic Development to Advance
Patient Treatment Act of 2013''.
SEC. 2. APPROVAL OF CERTAIN DRUGS FOR USE IN A LIMITED POPULATION OF
PATIENTS.
(a) Approval of Certain Antibacterial and Antifungal Drugs.--
Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355)
is amended by adding at the end the following:
``(x) Approval of Certain Antibacterial and Antifungal Drugs for
Use in a Limited Population of Patients.--
``(1) Approval.--At the request of the sponsor of an
antibacterial or antifungal drug that is intended to treat a
serious or life-threatening disease or condition, the
Secretary--
``(A) may approve the drug under subsection (c) to
treat a limited population of patients for which there
is an unmet medical need;
``(B) in determining whether to grant such approval
for a limited population of patients, may rely on
traditional endpoints, alternative endpoints, or a
combination of traditional and alternative endpoints;
datasets of limited size; pharmacologic or
pathophysiologic data; data from phase 2 clinical
studies; and such other confirmatory evidence as the
Secretary deems necessary; and
``(C) shall require the labeling of drugs approved
pursuant to this subsection to prominently include in
the prescribing information required by section 201.57
of title 21, Code of Federal Regulations (or any
successor regulation) the following statement: `This
drug is indicated for use in a limited and specific
population of patients.'.
``(2) Promotional materials.--The provisions of section
506(c)(2)(B) shall apply with respect to approval under this
subsection to the same extent and in the same manner as such
provisions apply with respect to accelerated approval under
section 506(c)(1).
``(3) Withdrawal of limited population approval
requirements.--If a drug is approved pursuant to this
subsection to treat a limited population of patients and is
subsequently approved or licensed under this section or section
351 of the Public Health Service Act, respectively, without
such a limitation, the Secretary may remove any labeling
requirements or postmarketing conditions made applicable to the
drug during the earlier approval process.
``(4) Relation to other provisions.--Nothing in this
subsection shall be construed to prohibit designation and
expedited review of a drug as a breakthrough therapy under
section 506(a), designation and treatment of a drug as a fast
track product under section 506(b), or accelerated approval of
the drug under section 506(c), in combination with approval of
the drug for use in a limited population of patients under this
subsection.
``(5) Rule of construction.--Nothing in this subsection
shall be construed to alter the standards of evidence under
subsection (c) or (d) (including the substantial evidence
standard in subsection (d)). Subsections (c) and (d) and such
standards of evidence apply to the review and approval of drugs
under this subsection, including whether a drug is safe and
effective. Nothing in this subsection shall be construed to
limit the authority of the Secretary to approve products
pursuant to this Act and the Public Health Service Act as
authorized prior to the date of enactment of this subsection.
``(6) Effective immediately.--The Secretary shall have the
authorities vested in the Secretary by this subsection
beginning on the date of enactment of this subsection,
irrespective of when and whether the Secretary promulgates
final regulations to carry out this subsection.''.
(b) Licensure of Certain Biological Products.--Section 351(j) of
the Public Health Service Act (42 U.S.C. 262(j)) is amended--
(1) by striking ``(j)'' and inserting ``(j)(1)'';
(2) by inserting ``505(x),'' after ``505(p),''; and
(3) by adding at the end the following:
``(2) In applying section 505(x) of the Federal Food, Drug,
and Cosmetic Act to the licensure of biological products under
this section--
``(A) references to an antibacterial or antifungal
drug that is intended to treat a serious or life-
threatening disease or condition shall be construed to
refer to biological products intended to treat a
bacterial or fungal infection associated with a serious
or life-threatening disease; and
``(B) references to approval of a drug under
section 505(c) of such Act shall be construed to refer
to licensure of a biological product under subsection
(a) of this section.''.
(c) Monitoring.--Title III of the Public Health Service Act is
amended by inserting after section 317T (42 U.S.C. 247b-22) the
following:
``SEC. 317U. MONITORING ANTIBACTERIAL AND ANTIFUNGAL DRUG USE AND
RESISTANCE.
``(a) Monitoring.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, shall use the National
Healthcare Safety Network or another appropriate monitoring system to
monitor--
``(1) the use of antibacterial and antifungal drugs,
including those receiving approval or licensure for a limited
population pursuant to section 505(x) of the Federal Food,
Drug, and Cosmetic Act; and
``(2) changes in bacterial and fungal resistance to drugs.
``(b) Public Availability of Data.--The Secretary, acting through
the Director of the Centers for Disease Control and Prevention, shall
make the data derived from monitoring under this section publicly
available for the purposes of--
``(1) improving the monitoring of important trends in
antibacterial and antifungal resistance; and
``(2) ensuring appropriate stewardship of antibacterial and
antifungal drugs, including those receiving approval or
licensure for a limited population pursuant to section 505(x)
of the Federal Food, Drug, and Cosmetic Act.''.
SEC. 3. SUSCEPTIBILITY TEST INTERPRETIVE CRITERIA FOR MICROBIAL
ORGANISMS.
(a) In General.--Section 511 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360a) is amended to read as follows:
``SEC. 511. SUSCEPTIBILITY TEST INTERPRETIVE CRITERIA FOR MICROBIAL
ORGANISMS.
``(a) In General.--The Secretary shall identify upon approval and
subsequently update susceptibility test interpretive criteria for
antibacterial drugs (including biological products intended to treat a
bacterial infection and other types of antimicrobial drugs, as deemed
appropriate by the Secretary), including qualified infectious disease
products, by relying upon, to the extent available--
``(1) preclinical and clinical data, including
pharmacokinetic, pharmacodynamic, and epidemiological data;
``(2) Bayesian and pharmacometric statistical
methodologies; and
``(3) such other confirmatory evidence as the Secretary
deems necessary.
``(b) Responding to Susceptibility Test Interpretive Criteria
Identified or Updated by Private Entities.--
``(1) In general.--Each quarter of each fiscal year, the
Secretary shall--
``(A) evaluate any appropriate new or updated
susceptibility test interpretive criteria published by
a nationally or internationally recognized standard
development organization; and
``(B) publish on the public Website of the Food and
Drug Administration a notice--
``(i) adopting the new or updated
interpretive criteria;
``(ii) declining to adopt the new or
updated interpretive criteria and explaining
the reason for such decision; or
``(iii) adopting one or more parts of the
new or updated interpretive criteria, declining
to adopt the remainder of such criteria, and
explaining the reason for so declining.
``(2) Annual compilation of notices.--Each year, the
Secretary shall compile the notices published under paragraph
(1)(B) and publish such compilation in the Federal Register.
``(3) Relation to section 514(c).--Any susceptibility test
interpretive criterion for which an approval is in effect under
paragraph (1) may be recognized as a standard by the Secretary
under section 514(c)(1).
``(4) Use of non-adopted criteria.--Nothing in this section
prohibits the sponsor of a drug or device from seeking approval
or clearance of the drug or device, or changes to the drug, the
device, or its labeling, on the basis of susceptibility test
interpretive criteria which differ from those adopted pursuant
to paragraph (1).
``(c) Definitions.--In this section:
``(1) The term `qualified infectious disease product' means
a qualified infectious disease product designated under
505E(d).
``(2) The term `susceptibility test interpretive criteria'
means one or more specific values which characterize the degree
to which bacteria or other microbes are resistant to the drug
(or drugs) tested, such as clinically susceptible,
intermediate, or resistant.''.
(b) Conforming Amendment.--Section 1111 of the Food and Drug
Administration Amendments Act of 2007 (42 U.S.C. 247d-5a; relating to
identification of clinically susceptible concentrations of
antimicrobials) is repealed.
(c) Report to Congress.--Not later than one year after the date of
enactment of this Act, the Secretary of Health and Human Services shall
submit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate a report on the progress made in implementing
section 511 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360a), as amended by this section.
SEC. 4. NO EFFECT ON HEALTH CARE PRACTICE.
Nothing in the Antibiotic Development to Advance Patient Treatment
Act of 2013 (including the amendments made thereby) shall be construed
to restrict, in any manner, the prescribing of antibiotics or other
products by health care professionals, or to limit the practice of
health care. | Antibiotic Development to Advance Patient Treatment Act of 2013 - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to authorize the Secretary of Health and Human Services (HHS) to approve the use of an antibacterial or antifungal drug that is intended for treatment of a serious or life-threatening disease or condition to treat a limited population of patients for which there is an unmet medical need. Requires the labeling of such drugs to prominently include in the prescribing information the statement that the drug is indicated for use in a limited and specific population of patients. Amends the Public Health Service Act to authorize the Secretary to license those antibacterial or antifungal drugs as biological products. Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to: (1) monitor the use of antibacterial and antifungal drugs, (2) monitor changes in bacterial and fungal resistance to drugs, and (3) make the information derived from such monitoring available to the public. Amends the FFDCA to direct the Secretary: (1) to identify upon approval, and subsequently update, susceptibility test interpretive criteria for antibacterial drugs by relying upon preclinical and clinical data, Bayesian and pharmacometric statistical methodologies, and such other confirmatory evidence the Secretary deems necessary; (2) on a quarterly basis, to evaluate new or updated criteria published by a nationally or internationally recognized standard development organization; and (3) to publish on the Food and Drug Administration's (FDA's) website a notice adopting, declining to adopt, or partially adopting such new or updated criteria. | {"src": "billsum_train", "title": "Antibiotic Development to Advance Patient Treatment Act of 2013"} | 2,315 | 355 | 0.667703 | 2.045699 | 0.866436 | 3.831683 | 6.521452 | 0.927393 |
SECTION 1. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Journey Through
Hallowed Ground National Heritage Area Education and Tourism Act of
2007''.
(b) Definitions.--For the purposes of this Act, the following
definitions apply:
(1) Heritage area.--The terms ``Heritage Area'' means the
Journey Through Hallowed Ground National Heritage Area
established by section 3.
(2) Management entity.--The term ``management entity''
means The Journey Through Hallowed Ground Partnership, a
Virginia nonprofit corporation, or its successor entity.
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area specified in section
4(b).
(4) Partner.--The term ``partner'' means--
(A) a Federal, State, or local governmental entity;
and
(B) an organization, private industry, or
individual involved in promoting the historical,
cultural, and recreational resources of the Heritage
Area.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) Participating locality.--The term ``participating
locality'' means a unit of local government which has formally
requested to be included in the Heritage Area, and has sent
notification of such pursuant to section 4(c)(1)(D).
SEC. 2. PURPOSE.
The purposes of the Heritage Area are--
(1) to support, and interpret the legacy of the history of
the United States created along the Heritage Area;
(2) to promote heritage, cultural, and recreational tourism
and to develop educational and cultural programs for visitors
and the general public;
(3) to recognize and interpret important events and
geographic locations representing key developments in the
creation of the United States, including Native American,
Colonial American, European American, and African American
heritage;
(4) to recognize and interpret the effect of the Civil War
on the civilian population of the Heritage Area during the war
and post-war reconstruction period; and
(5) to assist the Commonwealth of Virginia, the State of
Maryland, the Commonwealth of Pennsylvania, the State of West
Virginia, and their units of local government, the private
sector, and area citizens in supporting, enhancing, and
interpreting the significant historic, cultural, and
recreational sites in the Heritage Area.
SEC. 3. JOURNEY THROUGH HALLOWED GROUND NATIONAL HERITAGE AREA.
(a) Establishment.--There is hereby established the Journey Through
Hallowed Ground National Heritage Area.
(b) Region Eligible for Inclusion in the Heritage Area.--
(1) In general.--The Heritage Area may consist of the 175-
mile region generally following the Route 15 corridor and
surrounding areas from Adams County, Pennsylvania, through
Frederick County, Maryland, looping through Brunswick,
Maryland, to Harpers Ferry, West Virginia, back through Loudoun
County, Virginia, to the Route 15 corridor encompassing
portions of Loudoun and Prince William Counties, Virginia,
Fauquier County, Virginia, portions of Spotsylvania and Madison
Counties, Virginia, and Culpeper, Rappahannock, Orange, and
Albemarle Counties, Virginia. The boundaries of the Heritage
Area may include the participating localities contained within
the map entitled ``The Journey Through Hallowed Ground National
Heritage Area,'' numbered P90/80,000 and dated October 2006.
(2) Map.--The map referred to in paragraph (1) shall be on
file in the appropriate offices of the National Park Service.
(3) Publication.--As soon as practical after the date of
the enactment of this Act, the Secretary shall publish in the
Federal Register a detailed description and map of the
participating localities established under this subsection.
(c) Management Entity.--The management entity for the Heritage Area
shall be The Journey Through Hallowed Ground Partnership, which shall
include representatives from a broad cross-section of the individuals,
agencies, organizations, States, and governments.
(d) Board of Trustees.-- Membership on the board of trustees of the
management entity shall be open to the public and include
representatives from a broad cross-section of individuals, agencies,
organizations, States, and governments participating in the Heritage
Area that will oversee the development of the management plan.
SEC. 4. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.
(a) Authorities of the Management Entity.--
(1) Authority to accept funds.--The management entity may
accept funds from any non-Federal source, including States and
their political subdivisions, private organizations, nonprofit
organizations, or any other person, to carry out its duties
under this Act.
(2) Use of funds.--The management entity may use funds to
prepare, update, and implement the management plan developed
under subsection (b). The management entity may not make grants
to States or their political subdivisions. The management
entity may use funds for other purposes, including the
following:
(A) Making grants to, and entering into cooperative
agreements with, private organizations, nonprofit
organizations, or any other private individual.
(B) Hiring and compensating staff.
(C) Entering into contracts for goods and services
related to the production of maps, brochures, and other
educational and promotional materials.
(3) Meetings.--All meetings conducted by the management
entity shall be open to the public and minutes of each meeting
shall be made available to the public.
(b) Management Plan.--The management entity shall develop a
management plan for the Heritage Area that--
(1) presents comprehensive strategies and recommendations
for promoting tourism within the Heritage Area and educating
the public about the historic significance of the Heritage
Area;
(2) takes into consideration existing State, county, and
local plans and involves residents, public agencies, and
private organizations working in the Heritage Area;
(3) specifies the existing and potential sources of funding
to promote tourism within the Heritage Area;
(4) lists participating localities;
(5) includes an analysis of ways in which local, State, and
Federal programs can be best coordinated to promote the
purposes of this Act, including recommendations to the
Commonwealth of Virginia, the States of Maryland and West
Virginia, and the Commonwealth of Pennsylvania (and political
subdivisions thereof) for the promotion, support, and
interpretation of the natural, cultural, and historical
resources of the Heritage Area;
(6) includes locations for visitor contact and major
interpretive facilities;
(7) includes recommendations for appropriate living history
demonstrations and battlefield reenactments;
(8) includes recommendations for implementing a continuing
program of interpretation and visitor education concerning the
resources and values of the Heritage Area;
(9) includes recommendations for a uniform historical
marker and wayside exhibit program in the Heritage Area,
including a provision for marking, with the consent of the
owner, historic structures and properties that are contained
within the historic core areas and contribute to the
understanding of the Heritage Area;
(10) includes recommendations for the interpretation of the
natural, cultural, and historic resources of the Heritage Area
consistent with this Act; and
(11) includes recommendations for the development of
educational outreach programs for students of all ages to
further the understanding of the vast resources within the
Heritage Area.
(c) Deadline; Termination of Assistance.--
(1) Deadline.--The management entity shall submit the
management plan to the Secretary not later than 2 years after
the enactment of this Act. Prior to submitting the draft plan
to the Secretary, the management entity shall ensure that--
(A) the Commonwealth of Virginia, the States of
Maryland and West Virginia, the Commonwealth of
Pennsylvania, and any political subdivision thereof
that would be affected by the plan, receive a copy of
the draft plan;
(B) adequate notice of availability of the draft
plan is provided through publication in appropriate
local newspapers in the area of the Heritage Area;
(C) at least one public hearing conducted by the
management entity in each Congressional district that
is included in the region of potential inclusion of the
Heritage Area;
(D) each residential and commercial property owner
within a participating locality has been notified, via
United States Postal Service first class letter, by the
local unit of government requesting inclusion in the
heritage area; and
(E) the Board of Trustees of the management entity
has unanimously endorsed the draft plan.
(2) Termination of assistance.--If a management plan is not
submitted to the Secretary in accordance with this subsection,
the Secretary shall not, after that date, provide any
assistance under this Act with respect to the Heritage Area
until such a management plan for the Heritage Area is submitted
to the Secretary.
(d) Duties of Management Entity.--The management entity shall--
(1) give priority to implementing actions set forth in the
management plan;
(2) assist units of government and nonprofit organizations
in--
(A) establishing and maintaining interpretive
materials and exhibits in the Heritage Area;
(B) developing historical and cultural resources
and educational programs in the Heritage Area;
(C) increasing public awareness of and appreciation
for the natural, historical, and architectural
resources and sites in the Heritage Area;
(D) restoring any historic building relating to the
themes of the Heritage Area; and
(E) ensuring that clear signs identifying access
points and sites of interest are placed throughout the
Heritage Area; and
(3) consider the interests of diverse governmental,
business, and nonprofit groups within the Heritage Area.
(e) Consequences of Noncompliance.--If the management entity does
not comply with the provisions of this Act, it shall cease to be the
management entity and its authority as such shall not be recognized,
nor shall its management plan or any other work product be used, to
implement this Act.
SEC. 5. DUTIES AND AUTHORITIES OF THE SECRETARY.
(a) Technical Assistance.--
(1) In general.--The Secretary may, upon the request of the
management entity and subject to the availability of resources,
provide technical assistance to the management entity to carry
out its duties under this Act, including updating and
implementing the management plan that is submitted under
section 4(b) and approved by the Secretary and, prior to such
approval, providing assistance for initiatives.
(2) Priority.--In assisting the management entity, the
Secretary shall give priority to actions that assist in the--
(A) creation of the management plan;
(B) provision of educational assistance and advice
regarding promotion of the heritage area; and
(C) design and fabrication of a wide range of
interpretive materials based on the management plan,
such as guide brochures, visitor displays, audio-
visual, books, interpretive dialogues, interactive
exhibits, and educational curriculum materials for
public education.
(b) Approval and Disapproval of Management Plans.--The Secretary,
in consultation with the Governors of the Commonwealth of Virginia, the
States of Maryland and West Virginia, and the Commonwealth of
Pennsylvania, shall approve or disapprove a management plan submitted
under this Act not later than 180 days after receiving such plan. In
approving the plan, the Secretary shall take into consideration the
following criteria:
(1) The extent to which the management plan, when
implemented, would support and promote the significant
historical, cultural, and recreational resources of the
Heritage Area.
(2) The level of public participation in the development of
the management plan.
(3) The extent to which the board of trustees of the
management entity is representative of the local governments
affected and a wide range of interested organizations and
citizens.
(c) Action Following Disapproval.--If the Secretary disapproves a
management plan, the Secretary shall advise the management entity in
writing of the reasons for the disapproval and shall make
recommendations for revisions in the management plan. The Secretary
shall approve or disapprove a proposed revision not later than 90 days
after the date it is submitted.
(d) Approving Changes.--Amendments to the approved management plan
for the Heritage Area that make substantial changes shall not be
effective until approved by the Secretary under the same timeline as
the management plan was approved.
SEC. 6. SUNSET.
The Secretary may not provide any assistance under this Act after
the expiration of the 10-year period beginning on the date of the
enactment of this Act.
SEC. 7. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.
(a) Notification and Consent of Property Owners Required.--No
privately owned property shall be preserved or promoted under the
management plan for the Heritage Area until the owner of that private
property has--
(1) been notified in writing by the management entity; and
(2) given written consent to the management entity for such
preservation or promotion.
(b) Landowner Withdrawal.--Any owner of private property included
within the boundary of the Heritage Area shall have their property
immediately removed from the boundary by submitting a written request
to the management entity.
(c) Change of Ownership.--If private property included within the
boundary of the Heritage Area has been excluded from the Heritage Area
or has not been preserved or promoted under the management plan for the
Heritage Area because the owner has not given or has withdrawn consent,
upon change of ownership of that private property, the management
entity may request consent from the new owners.
SEC. 8. PRIVATE PROPERTY PROTECTION.
(a) Access to Private Property.--Nothing in this Act shall be
construed to--
(1) require any private property owner to allow public
access (including Federal, State, or local government access)
to such private property; or
(2) modify any provision of Federal, State, or local law
with regard to public access to or use of private property.
(b) Liability.--Designation of the Heritage Area shall not be
considered to create any liability, or to have any effect on any
liability under any other law, of any private property owner with
respect to any persons injured on such private property.
(c) Recognition of Authority To Control Land Use.--Nothing in this
Act shall be construed to modify the authority of Federal, State, or
local governments to regulate land use.
(d) Compensation for Lost Use.--If a local governmental entity
within the boundaries of the Heritage Area promulgates new land use
regulations following the date of the enactment of this Act that
restrict the use of private property, or any interest therein, thereby
reducing the value of the property, then that governmental agency shall
pay the owner of the property just compensation in an amount no less
than the fair market value of the lost use as of the date that the
owner makes written request for compensation. The local governmental
entity shall compensate the property owner not later than 180 day after
receiving the property owners written request for compensation.
(e) Fair Market Value.--For purposes of this Act, ``fair market
value'' is the price a buyer would be willing to pay for the affected
portion of the private property, including business losses, if such
private property was placed on the market by a willing seller. Such
fair market value shall be determined by an appraisal by two or more
licensed, independent appraisers. If substantial differences exist
between appraisals commissioned by the property owner and by the local
governmental entity, fair market value shall either be an amount agreed
to by the property owner and the public entity, or by an independent
appraiser jointly selected by both.
(f) Failure To Comply.--Any local government entity that fails to
comply with subsection (d) shall not be eligible to participate in the
Heritage Area and shall be barred from receiving any Federal funds for
a period of 3 years.
(g) Participation of Private Property Owners in Heritage Area.--
Nothing in this Act shall be construed to require the owner of any
private property located within the boundaries of the Heritage Area to
participate in or be associated with the Heritage Area.
(h) Effect of Establishment.--The boundaries designated for the
Heritage Area represent the area within which specific, eligible
localities have been included in the area. The establishment of the
Heritage Area and its boundaries shall not be construed to provide any
nonexisting regulatory authority on land use within the Heritage Area
or its viewshed by the Secretary, the National Park Service, or the
management entity.
SEC. 9. FEDERAL ADVISORY COMMITTEE ACT.
(a) In General.--The Federal Advisory Committee Act shall not apply
to the Board of Trustees of the Heritage Area.
(b) Compliance.--Notwithstanding subsection (a), the Board of
Trustees shall be appointed and operate in a manner consistent with all
provisions of the Federal Advisory Committee Act with respect to--
(1) the balance of its membership;
(2) provision of public notice regarding its activities;
(3) open meetings; and
(4) public access to documents created by Board of
Trustees. | Journey Through Hallowed Ground National Heritage Area Education and Tourism Act of 2007 - Establishes the Journey Through Hallowed Ground National Heritage Area which may consist of the 175-mile region following the Route 15 corridor and surrounding areas through Pennsylvania, Maryland, West Virginia, and Virginia.
Designates the Journey Through Hallowed Ground Partnership as the management entity for the Area. Requires the membership on the Board of Trustees of the Partnership to be open to the public and to include representatives from a broad cross-section of individuals, agencies, organizations, states, and governments participating in the Area that will oversee the development of the management plan.
Requires the Partnership to develop a management plan for the Area that presents strategies and recommendations for promoting tourism within the Area and for educating the public about the historic significance of the Area.
Makes the Federal Advisory Committee Act inapplicable to the Board of Trustees. | {"src": "billsum_train", "title": "To establish the Journey Through Hallowed Ground National Heritage Area Education and Tourism Act, and for other purposes."} | 3,563 | 192 | 0.62189 | 1.849748 | 0.772826 | 5.248521 | 20.224852 | 0.964497 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Security and Small Business
Stimulus Act of 2008''.
SEC. 2. INDIVIDUAL INCOME TAX RATE REDUCTION AFTER 2007.
(a) Rate Reduction.--
(1) In general.--Subparagraph (A) of section 1(i)(1) of the
Internal Revenue Code of 1986 (relating to tax imposed on
individuals) is amended to read as follows:
``(A) In general.--In the case of taxable years
beginning after December 31, 2007--
``(i) the rate of tax under subsections
(a), (b), (c), and (d) on taxable income not
over the initial bracket amount shall be 5
percent, and
``(ii) the 15 percent rate of tax shall
apply only to taxable income over the initial
bracket amount but not over the maximum dollar
amount for the 15-percent rate bracket.''.
(2) Conforming amendments.--
(A) The heading for paragraph (1) of section 1(i)
of such Code is amended by striking ``10-percent'' and
inserting ``5-percent''.
(B) Subparagraph (D) of section 1(i)(1) of such
Code is amended to read as follows:
``(D) Coordination with acceleration of 5 percent rate
bracket benefit for 2008.--This paragraph shall not apply to
any taxable year to which section 6428 applies.''.
(3) 5-percent bracket made permanment.--Title IX of the
Economic Growth and Tax Relief Reconciliation Act of 2001 shall
not apply to paragraph (1) of section 1(i) of the Internal
Revenue Code of 1986, as amended by this subsection.
(b) Advance Payment of 5 Percent Rate Bracket.--Section 6428 of
such Code is amended to read as follows:
``SEC. 6428. ACCELERATION OF 5 PERCENT INCOME TAX RATE BRACKET BENEFIT
FOR 2008.
``(a) In General.--In the case of an eligible individual, there
shall be allowed as a credit against the tax imposed by chapter 1 for
the taxpayer's first taxable year beginning in 2008 an amount equal to
5 percent of so much of the taxpayer's taxable income as does not
exceed the initial bracket amount (as defined in section 1(i)(1)(B)).
``(b) Credit Treated as Nonrefundable Personal Credit.--For
purposes of this title, the credit allowed under this section shall be
treated as a credit allowable under subpart A of part IV of subchapter
A of chapter 1.
``(c) Eligible Individual.--For purposes of this section, the term
`eligible individual' means any individual other than--
``(1) any estate or trust,
``(2) any nonresident alien individual, and
``(3) any individual with respect to whom a deduction under
section 151 is allowable to another taxpayer for a taxable year
beginning in the calendar year in which the individual's
taxable year begins.
``(d) Coordination With Advance Refunds of Credit.--
``(1) In general.--The amount of credit which would (but
for this paragraph) be allowable under this section shall be
reduced (but not below zero) by the aggregate refunds and
credits made or allowed to the taxpayer under subsection (e).
Any failure to so reduce the credit shall be treated as arising
out of a mathematical or clerical error and assessed according
to section 6213(b)(1).
``(2) Joint returns.--In the case of a refund or credit
made or allowed under subsection (e) with respect to a joint
return, half of such refund or credit shall be treated as
having been made or allowed to each individual filing such
return.
``(e) Advance Refunds of Credit Based on Prior Year Data.--
``(1) In general.--Each individual who was an eligible
individual for such individual's first taxable year beginning
in 2006 shall be treated as having made a payment against the
tax imposed by chapter 1 for such first taxable year in an
amount equal to the advance refund amount for such taxable
year.
``(2) Advance refund amount.--For purposes of paragraph
(1), the advance refund amount is the amount that would have
been allowed as a credit under this section for such first
taxable year if--
``(A) this section (other than subsections (b) and
(d) and this subsection) had applied to such taxable
year, and
``(B) the credit for such taxable year were not
allowed to exceed the excess (if any) of--
``(i) the sum of the regular tax liability
(as defined in section 26(b)) plus the tax
imposed by section 55, over
``(ii) the sum of the credits allowable
under part IV of subchapter A of chapter 1
(other than the credits allowable under subpart
C thereof, relating to refundable credits).
``(3) Timing of payments.--In the case of any overpayment
attributable to this subsection, the Secretary shall, subject
to the provisions of this title, refund or credit such
overpayment as rapidly as possible and, to the extent
practicable, before the date which is 30 days after the date of
the enactment of this section. No refund or credit shall be
made or allowed under this subsection after December 31, 2008.
``(4) No interest.--No interest shall be allowed on any
overpayment attributable to this subsection.''.
(c) Technical Amendment.--The item relating to section 6428 in the
table of sections for subchapter B of chapter 65 of such Code is
amended to read as follows:
``Sec. 6428. Acceleration of 5 percent income tax rate bracket benefit
for 2008.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
SEC. 3. INCREASE IN EXPENSING FOR SMALL BUSINESSES.
(a) $125,000 Limit Made Permanent; Temporary Increase to
$375,000.--Paragraph (1) of section 179(b) of the Internal Revenue Code
of 1986 (relating to election to expense certain depreciable business
assets) is amended by striking ``$25,000 ($125,000 in the case of
taxable years beginning after 2006 and before 2011)'' and inserting
``$125,000 ($375,000 in the case of taxable years beginning after 2007
and before 2010)''.
(b) Conforming Amendment.--Subparagraph (A) of section 179(b)(5) of
such Code is amended--
(1) by striking ``and before 2011'', and
(2) by adding at the end the following flush sentence:
``The preceding sentence shall not apply to the
$500,000 amount for taxable years beginning after
December 31, 2010.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007. | Family Security and Small Business Stimulus Act of 2008 - Amends the Internal Revenue Code to: (1) allow a reduced 5% income tax rate on taxable income for low-income taxpayers; (2) allow an advance refund in 2008 for the reduction in the tax rate; and (3) increase to $375,000 between 2008 and 2010 the expensing allowance for small business depreciable assets. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to reduce individual income taxes by creating a new 5 percent rate of tax and to increase section 179 expensing for small businesses."} | 1,558 | 85 | 0.514759 | 1.160511 | 0.694016 | 2.066667 | 18.733333 | 0.893333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nutrition Coordinators for Local
Healthy Youth Act''.
SEC. 2. GRANT PROGRAM FOR NUTRITION COORDINATORS.
Section 19 of the Child Nutrition Act of 1966 (42 U.S.C. 1788) is
amended--
(1) by redesignating subsection (l) as subsection (m); and
(2) by inserting after subsection (k) the following new
subsection:
``(l) Grant Program for Nutrition Coordinators.--
``(1) Establishment of grant program.--The Secretary, in
consultation with the Secretary of Education, shall establish a
program to make grants to local educational agencies to appoint
nutrition coordinators to carry out the activities described in
paragraph (4).
``(2) Application.--To be selected to receive a grant under
paragraph (1), a local educational agency, in consultation with
the State agency that administers school lunch programs in the
geographic area served by such local educational agency, shall
submit an application at such time, in such manner, and
containing such information as the Secretary may require.
``(3) Use of funds.--A local educational agency that
receives a grant under this subsection shall use such funds to
appoint a nutrition coordinator to, with respect to the
geographic area served by such agency--
``(A) ensure compliance with local school wellness
policies under section 9A of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758b);
``(B) coordinate nutrition education programs with
school food service directors for such local
educational agency;
``(C) conduct trainings and facilitate information
sharing of best practices that--
``(i) encourage students to participate in
healthy eating and active living;
``(ii) are consistent with the Dietary
Guidelines for Americans published under
section 301 of the National Nutrition
Monitoring and Related Research Act of 1990 (7
U.S.C. 5341); and
``(iii) are consistent with the Physical
Activity Guidelines for Americans published by
the Office of Disease Prevention and Health
Promotion of the Department of Health and Human
Services;
``(D) work with programs that promote and motivate
students to participate in school wellness activities;
``(E) coordinate and collaborate with other
nutrition education programs, including--
``(i) programs under the Supplemental
Nutrition Assistance Program under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.);
``(ii) cooperative extension services (as
such term is defined in section 1404 of the
Food and Agriculture Act of 1977 (7 U.S.C.
3103));
``(iii) nutrition education programs
carried out by community-based organizations;
and
``(iv) other team network nutrition
programs;
``(F) provide community outreach to promote
nutrient-rich foods and farm-to-school activities;
``(G) promote regular physical activity in students
before, during, and after school;
``(H) ensure students receive effective and
consistent messages regarding healthy eating and active
living; and
``(I) to promote nutrition education and team
network nutrition programs in the State in which such
local educational agency is located, coordinate and
collaborate with--
``(i) the team nutrition network
coordinator for the State; and
``(ii) community partners.
``(4) Nutrition coordinator requirements.--A nutrition
coordinator may not be appointed under this subsection unless
the Coordinator has a background in nutrition education,
dietetics, or nutrition program management.
``(5) Nutrition coordinator reports.--Not later than 1 year
after the date on which a nutrition coordinator is appointed
under this subsection, the nutrition coordinator shall submit
to the Secretary a report that includes--
``(A) a plan to implement activities under this
section; and
``(B) a review of, and plan for, coordination and
collaboration with nutrition education programs
described in paragraph (4)(E).
``(6) Evaluation of grant program.--Not later than January
1, 2019, the Secretary shall submit a report to Congress that
includes--
``(A) the results of an evaluation of the grant
program established under this subsection;
``(B) a review of the implementation of this
subsection;
``(C) an assessment of local educational agencies
with respect to activities conducted to ensure students
receive nutrition education consistent with the Dietary
Guidelines for Americans published under section 301 of
the National Nutrition Monitoring and Related Research
Act of 1990 (7 U.S.C. 5341);
``(D) best practices for encouraging students to
participate in healthy eating and active living;
``(E) an assessment of local school wellness
policies under section 9A of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758b); and
``(F) an assessment of school personnel and their
level of interaction and satisfaction with nutrition
coordinators.''. | Nutrition Coordinators for Local Healthy Youth Act This bill amends the Child Nutrition Act of 1966 to establish a Department of Agriculture program to award grants to local educational agencies to appoint nutrition coordinators with a background in nutrition education, dietetics, or nutrition program management. The responsibilities of the coordinators include: ensuring compliance with local school wellness policies under the Richard B. Russell National School Lunch Act, coordinating nutrition education programs with school food service directors, conducting training and facilitating information sharing of best practices, working with programs that promote and motivate students to participate in school wellness activities, coordinating and collaborating with other nutrition education programs, providing community outreach to promote nutrient-rich foods and farm-to-school activities, promoting regular physical activity in students, ensuring students receive effective and consistent messages regarding healthy eating and active living, and promoting nutrition education and team network nutrition programs in the state by coordinating and collaborating with the team nutrition network coordinator and community partners. | {"src": "billsum_train", "title": "Nutrition Coordinators for Local Healthy Youth Act"} | 1,057 | 206 | 0.651882 | 1.663822 | 0.926668 | 3.932292 | 5.385417 | 0.838542 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Resource Family Recruitment and
Retention Act of 2008''.
SEC. 2. AGENCY RESPONSIBILITIES TO RESOURCE FAMILIES.
Section 471(a)(22) of the Social Security Act (42 U.S.C.
671(a)(22)) is amended--
(1) by striking ``that, not'' and inserting ``that--
``(A) not'';
(2) by adding ``and'' after the semicolon; and
(3) by adding at the end the following new subparagraph:
``(B) not later than January 1, 2009, such
standards require each public and private placement
agency, subject to the renewal of the agency's license
or other State approval, to annually certify to the
State that the agency provides foster parents with the
following:
``(i) Notification of scheduled meetings
concerning the child placed with the foster
parents in order to allow the foster parents
the opportunity to actively participate and
have input in the case planning and decision-
making process regarding the placement of the
child in their home.
``(ii) Support services to assist with the
care of the child, consistent with the child's
approved permanency plan.
``(iii) Open, complete, and timely
responses from the agency when contacted by
foster parents.
``(iv) Consistent with the requirements
under section 475(5)(D), information about the
child's medical history, educational history,
general behaviors, and life experiences, the
placement circumstances of the child, and the
relationship between the children and the
child's parents as soon as that information is
obtained by the agency.
``(v) Timely and complete information about
all permanency options available to the child
and the benefits, rights, and responsibilities
associated with each such option, including as
appropriate (but not limited to) the
availability of adoption assistance payments
and payments for nonrecurring adoption expenses
under an adoption agreement entered into under
section 473, the potential eligibility of the
individual for a Federal tax credit (under
section 23 of the Internal Revenue Code) for
adoption-related expenses, the availability of
medical coverage for the child, the
availability of post-permanency services, and
the availability of tuition support for the
child.
``(vi) Consultation with the foster parents
in the decision to release the foster parents'
address to the parents of the child and
notification when that information has been
provided to the child's parents.
``(vii) Assistance with the coordination of
services for dealing with family loss and
separation when a child leaves the foster home
and when relocation is not the result of an
immediate threat to the health and safety of
the child caused by the foster parent or a
member of the foster parent's family.
``(viii) Information on agency policies and
procedures that relate to the role of a foster
parent.
``(ix) Consistent with the requirements of
paragraph (24), appropriate training that will
enhance skills and ability of the foster
parent.
``(x) Information on how to receive
services and reach agency personnel on a 24
hours-a-day, 7 days-a-week basis.
``(xi) Confidentiality regarding
allegations of abuse involving a member of the
foster parent's family and an assurance that
the provision of such confidentiality shall not
interfere with the health or safety of the
child.
``(xii) The opportunity to be heard
regarding agency decisions or practices and an
assurance that the agency shall not discharge,
threaten, or otherwise discriminate or
retaliate against a foster parent for
questioning the decisions or practices of the
agency.
``(xiii) The provision to each foster
parent of--
``(I) consistent with section
475(5)(G), notice of, and an
opportunity to be heard at, all court
proceedings (including reviews and
hearings) that are held with respect to
a foster child placed in the foster
parent's care; and
``(II) support for participating in
such proceedings, including (but not
limited to) training and assisting with
transportation to and from the
proceedings;''.
SEC. 3. GRANTS TO IMPROVE THE EMPOWERMENT, LEADERSHIP, SUPPORT,
TRAINING, RECRUITMENT, AND RETENTION OF FOSTER CARE,
KINSHIP CARE, AND ADOPTIVE PARENTS.
Subpart 1 of part B of title IV of the Social Security Act (42
U.S.C. 621 et seq.) is amended by adding at the end the following new
section:
``SEC. 429B. GRANTS TO IMPROVE THE EMPOWERMENT, LEADERSHIP, SUPPORT,
TRAINING, RECRUITMENT, AND RETENTION OF FOSTER CARE,
KINSHIP CARE, AND ADOPTIVE PARENTS.
``(a) Authority To Award Grants.--The Secretary shall award grants
to eligible States for the purpose of carrying out innovative programs
to empower, provide leadership for, and improve the recruitment,
support, training, and retention of foster care, kinship care, and
adoptive parents (in this section referred to as `resource parents').
``(b) Eligible State.--A State is eligible for a grant under this
section if the State--
``(1) submits an application for the grant that includes
the information described in subsection (c); and
``(2) has approved State plans under this subpart, subpart
2 of this part, and part E.
``(c) Application Requirements.--For purposes of subsection (b)(1),
the information described in this subsection is the following:
``(1) Description of programs.--A description of the
programs the State proposes to implement with funds awarded
under this section that are consistent with the purposes
described in subsection (a) and that may include any or all of
the following:
``(A) Empowerment and leadership.--The
establishment of, or increased support for--
``(i) a Resource Parent Ombudsman who would
advocate on behalf of resource parents;
``(ii) programs to provide recognition of
resource parents as key partners in the child
welfare system;
``(iii) programs to provide career-path
acknowledgment for long-term master resource
parents;
``(iv) initiatives for courts to recognize
the role of the resource parent on a child's
service team;
``(v) flexible spending options that permit
States to purchase items that will help
resource parents do their jobs better and help
the children placed in their care, such as
computers, bedroom furnishings, transportation,
and after-school supports; and
``(vi) programs to involve resource parents
to a greater degree in assessment and case
planning activities.
``(B) Family support.--The establishment of, or
increased support for--
``(i) peer-to-peer support and mentoring
groups for resource parents;
``(ii) programs to assist resource parents
in caring for children with special needs;
``(iii) programs to provide reliable and
accessible respite care to help resource
parents recharge and avoid burnout;
``(iv) a 24-hour emergency hotline for
resource parents;
``(v) a Medicaid hotline to secure medical
services under the State plan under title XIX
or the State child health plan under title XXI
(as appropriate) for children under the care of
resource parents;
``(vi) family preservation services for
crises situations;
``(vii) direct services, including ongoing
in-service psychological and education and
support, that address child behavior issues
common among foster care and adopted children
and caregiver interests and concerns; and
``(viii) experienced parent advocates who
can serve as liaisons to other resource parents
and provide information and support as needed.
``(C) Training.--The establishment of, or increased
support for--
``(i) training programs on the court
process, the role of court appointed special
advocates (commonly referred to as `CASA') and
Guardians ad Litem;
``(ii) training programs on caring for
children with special needs;
``(iii) high-quality initial and ongoing
training for resource parents targeted
specifically at understanding the needs and
behaviors of foster care and adopted children,
as well as presenting specific techniques for
meeting a child's special needs;
``(iv) educational innovations (such as
online learning and access to Internet
websites) with credit given toward mandatory
training for participation in the
nontraditional training, offered at no cost to
the resource parents.
``(D) Recruitment and retention.--The establishment
of, or increased support for--
``(i) innovative ways to provide outreach
to increase participation of new resource
parents;
``(ii) alliances with faith-based
organizations to improve the recruitment and
support of resource parents;
``(iii) programs to engage the business
community and other community partners in the
recruitment and retention of resource parents;
``(iv) targeted recruitment efforts for
local communities or neighborhoods;
``(v) programs to provide convenient
education and licensing options for resource
parents; and
``(vi) programs to mitigate language and
cultural barriers to the recruitment and
retention of resource parents, including
through the provision of culturally or
linguistically specific materials.
``(2) Development plan.--A 12-month plan detailing the
strategies and process the State will use to develop such
programs.
``(3) Implementation plan.--A 48-month plan detailing the
strategies and process the State will use to implement such
programs.
``(4) Cooperative agreements with support organizations.--
An assurance that the State will enter into cooperative
agreements with nonprofit organizations that provide support
for foster care, kinship care, or adoption, to assist with
implementation of the programs carried out with funds awarded
under this section.
``(5) Evaluation plan.--A plan for independent evaluation
of the programs carried out with such funds.
``(d) Allotments.--
``(1) In general.--Each eligible State which has an
application approved under this section shall be entitled to
payment, for each of fiscal years 2009 through 2013, from the
amount appropriated under subsection (e) for such fiscal year,
of an amount equal to the sum of $75,000 plus the amount
described in paragraph (2) for the fiscal year.
``(2) Proportionally based on state share of children in
foster care.--The amount described in this subparagraph for any
fiscal year is the amount that bears the same ratio to the
remainder of the amount appropriated under subsection (e) for
such fiscal year, after the application of paragraph (1) for
the fiscal year, as the number of children in foster care under
the supervision of the State in the State who have not attained
18 years of age bears to the total number of such children in
all States which have approved applications under this section
for such fiscal year.
``(3) No effect on other payments under this subpart.--
Amounts paid to an eligible State under this section for a
fiscal year shall be in addition to any other amounts paid to
the State under this subpart for this fiscal year.
``(e) Appropriation; Nonapplication.--Out of any money in the
Treasury of the United States not otherwise appropriated, there are
appropriated to the Secretary for purposes of awarding grants under
this section, $10,400,000 for each of fiscal years 2009 through 2013,
to remain available until expended. Section 425 shall not apply to
amounts appropriated under this subsection for a fiscal year.''. | Resource Family Recruitment and Retention Act of 2008 - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act (SSA) with respect to the requirement that state foster care and adoption assistance plans require development of standards to ensure that children in foster care placements in public or private agencies receive quality services that protect their safety and health.
Requires such standards to require each public and private placement agency, subject to renewal of its license or other state approval, to certify annually to the state that it provides foster parents with specified services and information.
Numbers among such services and information: (1) notifications of scheduled meetings to allow foster parents the opportunity to participate actively in the case planning and decision-making regarding placement of a child in their home; (2) support services to assist with care of the child; (3) information about the child's medical history, educational history, general behaviors, life experiences, the placement circumstances of the child, and the relationship between the child and his or her parents; (4) timely and complete information about all permanency options available to the child; and (5) assistance with the coordination of services for dealing with family loss and separation when a child leaves the foster home.
Amends SSA title IV part B (Child and Family Services) to direct the Secretary of Health and Human Services to award grants to eligible states for innovative programs to empower, provide leadership for, and improve the recruitment, support, training, and retention of foster care, kinship care, and adoptive parents. | {"src": "billsum_train", "title": "A bill to amend part E of title IV of the Social Security Act to ensure States follow best policies and practices for supporting and retaining foster parents and to require the Secretary of Health and Human Services to award grants to States to improve the empowerment, leadership, support, training, recruitment, and retention of foster care, kinship care, and adoptive parents."} | 2,519 | 321 | 0.633518 | 1.85209 | 0.837836 | 4.213115 | 7.940984 | 0.940984 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Witness Security and Protection
Grant Program Act of 2013''.
SEC. 2. WITNESS PROTECTION GRANT PROGRAM.
(a) Definitions.--In this section--
(1) the term ``applicant'' means a State, tribal, or local
government that applies for a grant under this section; and
(2) the terms ``serious drug offense'' and ``serious
violent felony'' have the meaning given those terms in section
3559(c)(2) of title 18, United States Code.
(b) Grants Required.--Subject to subsection (j), the Attorney
General shall make competitive grants to State, tribal, and local
governments to establish or maintain programs that provide protection
or assistance to witnesses in court proceedings involving--
(1) a homicide, serious violent felony, or serious drug
offense; or
(2) gangs or organized crime.
(c) Criteria.--In making grants under this section, the Attorney
General shall evaluate applicants based upon the following:
(1) The extent to which the applicant lacks infrastructure
to support programs that provide protection or assistance to
witnesses.
(2) The prevalence of witness intimidation in the
jurisdiction of the applicant.
(3) The percentage of cases not prosecuted by the applicant
due to witness intimidation.
(4) The number of homicides per capita committed in the
jurisdiction of the applicant.
(5) The number of serious violent felonies or serious drug
offenses per capita committed in the jurisdiction of the
applicant.
(6) The extent to which organized crime is present in the
jurisdiction of the applicant.
(7) Any other criteria that the Attorney General determines
appropriate.
(d) Technical Assistance.--From amounts made available under
subsection (j) to carry out this section, the Attorney General, upon
request of a recipient of a grant under this section, shall direct the
appropriate offices within the Department of Justice to provide
technical assistance to the recipient to the extent the Attorney
General determines technical assistance is needed to establish or
maintain a program that provides protection or assistance to witnesses.
(e) Best Practices.--
(1) Report.--A recipient of a grant under this section
shall submit to the Attorney General a report, in such form and
manner and containing such information as specified by the
Attorney General, that evaluates each program established or
maintained pursuant to the grant, including policies and
procedures under the program.
(2) Development of best practices.--Based on the reports
submitted under paragraph (1), the Attorney General shall
develop best practice models to assist State, tribal, and local
governments in addressing--
(A) witness safety;
(B) short-term and permanent witness relocation;
(C) financial and housing assistance; and
(D) any other services related to witness
protection or assistance that the Attorney General
determines necessary.
(3) Dissemination to states.--Not later than 1 year after
developing best practice models under paragraph (2), the
Attorney General shall disseminate the models to State, tribal,
and local governments.
(4) Sense of congress.--It is the sense of Congress that
State, tribal, and local governments should use the best
practice models developed and disseminated under this
subsection to evaluate, improve, and develop witness protection
or witness assistance programs as appropriate.
(5) Rule of construction relating to sensitive
information.--Nothing in this section shall be construed to
require the dissemination of any information that the Attorney
General determines--
(A) is law enforcement sensitive and should only be
disclosed within the law enforcement community; or
(B) poses a threat to national security.
(f) Federal Share.--
(1) In general.--The Federal share of the cost of a program
carried out using a grant made under this section shall be not
more than 75 percent.
(2) In-kind contributions.--
(A) In general.--Subject to subparagraph (B), the
non-Federal share for a program carried out using a
grant made under this section may be in the form of in-
kind contributions that are directly related to the
purpose for which the grant was made.
(B) Maximum percentage.--Not more than 50 percent
of the non-Federal share for a program carried out
using a grant made under this section may be in the
form of in-kind contributions.
(g) Administrative Costs.--Of amounts made available to carry out
this section for a fiscal year, the Attorney General may use not more
than 5 percent for administrative costs.
(h) Geographic Distribution.--In making grants under this section,
the Attorney General shall--
(1) to the extent reasonable and practical, ensure an
equitable geographical distribution throughout the United
States of programs that provide protection or assistance to
witnesses; and
(2) give due consideration to applicants from both urban
and rural areas.
(i) Report to Congress.--The Attorney General shall submit a report
to Congress--
(1) not later than December 31, 2014, on the implementation
of this section, including any information on programs funded
by grants made under this section; and
(2) not later than December 31, 2019, on the programs
funded by grants made under this section, including on best
practice models developed under subsection (e)(2).
(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $30,000,000 for each of fiscal
years 2014 through 2018. | Witness Security and Protection Grant Program Act of 2013 - Directs the Attorney General to: (1) make competitive grants to state, tribal, and local governments to establish or maintain programs that provide protection or assistance to witnesses in court proceedings involving a homicide, a serious violent felony, a serious drug offense, gangs, or organized crime; (2) evaluate grant applicants based on specified criteria, including the prevalence of witness intimidation and the number of such crimes per capita in the applicant's jurisdiction; (3) provide technical assistance to applicants for establishing or maintaining such programs; and (4) develop and disseminate best practice models to assist such governments in addressing witness safety, short-term and permanent witness relocation, financial and housing assistance, and other necessary witness protection or assistance services. Urges such governments to use such models to evaluate, improve, and develop witness protection or witness assistance programs. | {"src": "billsum_train", "title": "Witness Security and Protection Grant Program Act of 2013"} | 1,158 | 188 | 0.657378 | 1.929715 | 0.862905 | 3.797688 | 6.456647 | 0.953757 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Persian Gulf War Veterans Health
Care and Research Act of 1998''.
SEC. 2. HEALTH CARE FOR VETERANS OF WAR.
(a) Authority To Provide Priority Care.--Section 1710(e) of title
38, United States Code, is amended--
(1) by adding at the end of paragraph (1) the following new
subparagraph:
``(D) Subject to paragraphs (2) and (3), a veteran who served on
active duty in a theater of combat operations (as determined by the
Secretary in consultation with the Secretary of Defense) during a
period of war after the Vietnam era, or in combat against a hostile
force during a period of hostilities (as defined in section
1712A(a)(2)(B) of this title) after the date of the enactment of this
subparagraph, is eligible for hospital care, medical services, and
nursing home care under subsection (a)(2)(F) for any illness,
notwithstanding that there is insufficient medical evidence to conclude
that such condition is attributable to such service.'';
(2) in paragraph (2)(B), by inserting ``or (1)(D)'' after
``paragraph (1)(C)'';
(3) in paragraph (3)--
(A) by striking out ``and'' at the end of
subparagraph (A);
(B) by striking out ``December 31, 1998.'' in
subparagraph (B) and inserting in lieu thereof
``December 31, 2001; and''; and
(C) by adding at the end the following new
subparagraph:
``(C) in the case of care for a veteran described in
paragraph (1)(D), after a period of five years beginning on the
date of the veteran's discharge or release from active
military, naval, or air service.''; and
(4) by adding at the end the following new paragraph:
``(5) When the Secretary first provides care for veterans using the
authority provided in paragraph (1)(D), the Secretary shall submit to
Congress a report on the experience under that authority. The report
shall cover the period of the first three years during which that
authority is used and shall be submitted not later than nine months
after the end of that three-year period. The Secretary shall include in
the report any recommendations of the Secretary for extension of that
authority.''.
(b) Enrollment Priority.--Section 1705(a)(4) of such title is
amended--
(1) by striking out ``and'' after ``permanently
housebound'' and inserting in lieu thereof a comma; and
(2) by inserting ``, and veterans described in subparagraph
(F) of section 1710(a)(2) of this title'' after ``disabled''.
SEC. 3. NATIONAL CENTER FOR THE STUDY OF WAR-RELATED ILLNESSES.
(a) In General.--(1) Chapter 73 of title 38, United States Code, is
amended by inserting after section 7322 the following new section:
``Sec. 7323. National Center for the Study of War-Related Illnesses
``(a) Establishment.--The Secretary, acting through the Under
Secretary for Health, shall establish and operate in the Veterans
Health Administration a National Center for the Study of War-Related
Illnesses (hereinafter in this section referred to as the `Center').
The Center shall, as appropriate, coordinate its activities with those
of the National Center on Post-Traumatic-Stress Disorder established
pursuant to section 110(c) of the Veterans' Health Care Act of 1984
(Public Law 98-528).
``(b) Purposes.--The purposes of the Center shall be to promote
improvement of clinical, research, and educational activities of the
Veterans Health Administration with respect to war-related illnesses,
including medically unexplained illnesses.
``(c) Functions.--In carrying out the purposes of the Center, the
Under Secretary shall ensure that the Center--
``(1) promotes the training of health care and related
personnel in, and research into, the causes, mechanisms, and
treatment of war-related illnesses;
``(2) serves as a resource center for, and promotes and
seeks to coordinate the exchange of information regarding,
research and training activities carried out by the Department,
the Department of Defense, and other Federal and non-Federal
entities; and
``(3) coordinates with the Department of Defense and other
interested Federal departments and agencies in the conduct of
research, training, and treatment and the dissemination of
information pertaining to war-related illnesses.
``(d) Staff.--The Under Secretary shall ensure that the staff of
the Center has an appropriate range and breadth of expertise so as to
enable the Center to bring an interdisciplinary approach to the study
and treatment of war-related illnesses.
``(e) Coordination Between Departments.--(1) In order to ensure
needed coordination between the Department and the Department of
Defense in carrying out the mission of the Center, the officials
identified in subparagraphs (A) and (B) of section 8111(b)(2) of this
title shall--
``(A) meet regularly to review pertinent policies,
procedures, and practices of their respective departments
relating to such coordination and to identify actions that
could be taken to change policies, procedures, and practices to
improve such coordination; and
``(B) take all appropriate steps to carry out those actions
identified under paragraph (1).
``(2) The Secretary and the Secretary of Defense shall submit to
the appropriate committees of Congress an annual joint report, not
later than April 1 each year, on the activities under paragraph (1)
during the preceding year.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 7322 the
following new item:
``7323. National Center for the Study of War-Related Illnesses.''.
(b) Effective Date.--The National Center for the Study of War-
Related Illnesses required to be established by section 7323 of title
38, United States Code, as added by subsection (a), shall be
established not later than October 1, 1999.
SEC. 4. ASSESSMENT OF EFFECTIVENESS OF CARE OF PERSIAN GULF WAR
VETERANS.
(a) Assessment by National Academy of Sciences.--Not later than
November 1, 1998, the Secretary of Veterans Affairs shall enter into a
contract with the National Academy of Sciences for the conduct of a
review of a methodology which could be used by the Department of
Veterans Affairs for determining the efficacy of treatments furnished
to, and health outcomes (to include functional status) of, Persian Gulf
War veterans who have been treated for illnesses which may be
associated with their service in the Persian Gulf War.
(b) Action on Report.--Not later than 180 days after receiving the
final report of the National Academy of Sciences under subsection (a),
the Secretary shall--
(1) if scientifically feasible, develop an appropriate
mechanism to monitor and study the effectiveness of treatments
furnished to, and health outcomes of, Persian Gulf War veterans
who suffer from diagnosed and undiagnosed illnesses which may
be associated with their service in the Persian Gulf War; and
(2) submit to the Committees on Veterans' Affairs of the
Senate and House of Representatives a report on the
implementation of this subsection.
SEC. 5. CONTRACT FOR INDEPENDENT RECOMMENDATIONS ON RESEARCH AND FOR
DEVELOPMENT OF CURRICULUM ON CARE OF PERSIAN GULF WAR
VETERANS.
Section 706 of the Persian Gulf War Veterans' Health Status Act
(title VII of Public Law 102-585; 38 U.S.C. 527 note) is amended by
adding at the end thereof the following new subsection:
``(d) Research Review and Development of Medical Education
Curriculum.--(1) In order to further understanding of the health
consequences of military service in the Persian Gulf theater of
operations and of new research findings with implications for improving
the provision of care for veterans of such service, the Secretary of
Veterans Affairs and the Secretary of Defense shall seek to enter into
an agreement with the National Academy of Sciences under which the
Institute of Medicine of the Academy would--
``(A) develop a curriculum pertaining to the care and
treatment of veterans of such service who have ill-defined or
undiagnosed illnesses for use in the continuing medical
education of both general and specialty physicians who provide
care for such veterans; and
``(B) periodically review and provide recommendations
regarding the research plans and research strategies of the
Departments relating to the health consequences of military
service in the Persian Gulf theater of operations during the
Persian Gulf War, including recommendations that the Academy
considers appropriate for additional scientific studies to
resolve areas of continuing scientific uncertainty relating to
the health consequences of any aspects of such military
service.
``(2) Not later than 6 months after the Institute of Medicine
provides the Secretaries the curriculum developed under paragraph (1),
the Secretaries shall provide for the conduct of continuing education
programs using the curriculum developed under paragraph (1). Such
programs shall include instruction which seeks to emphasize use of
appropriate protocols of diagnosis, referral, and treatment of such
veterans.''.
SEC. 6. REVISION TO PROCESS FOR DETERMINING PRIORITIES FOR HEALTH-
RELATED RESEARCH ON THE PERSIAN GULF WAR.
Section 707 of the Persian Gulf War Veterans' Health Status Act
(title VII of Public Law 102-585; 38 U.S.C. 527 note) is amended by
striking out subsection (b) and inserting in lieu thereof the
following:
``(b) Public Advisory Committee.--Not later than January 1, 1999,
the head of the department or agency designated under subsection (a)
shall establish an advisory committee consisting of members of the
general public, to include Persian Gulf War veterans and
representatives of such veterans, to provide advice to the head of that
department or agency on proposed research studies, research plans, or
research strategies relating to the health consequences of military
service in the Persian Gulf theater of operations during the Persian
Gulf War. The department or agency head shall consult with such
advisory committee on a regular basis.
``(c) Reports.--(1) Not later than March 1 of each year, the head
of the department or agency designated under subsection (a) shall
submit to the Committees on Veterans' Affairs of the Senate and House
of Representatives a report on--
``(A) the status and results of all such research
activities undertaken by the executive branch during the
previous year;
``(B) research priorities identified during that year; and
``(C) recommendations of the public advisory committee
established under subsection (b) that were not adopted during
that year and the reasons for not adopting each such
recommendation.
``(2)(A) Not later than 120 days after submission of the
epidemiological research study conducted by the Department of Veterans
Affairs entitled `VA National Survey of Persian Gulf Veterans--Phase
III', the head of the department or agency designated under subsection
(a) shall submit to the congressional committees specified in paragraph
(1) a report on the findings under that study.
``(B) With respect to any findings of that study which identify
scientific evidence of a greater relative risk of illness or illnesses
in family members of veterans who served in the Persian Gulf War
theater of operations than in family members of veterans who did not so
serve, the head of the department or agency designated under subsection
(a) shall seek to ensure that appropriate research studies are designed
to follow up on such findings.
``(d) Public Availability of Research Findings.--The head of the
department or agency designated under subsection (a) shall ensure that
the findings of all research conducted by or for the executive branch
relating to the health consequences of military service in the Persian
Gulf theater of operations during the Persian Gulf War (including
information pertinent to improving provision of care for veterans of
such service) are made available to the public through peer-reviewed
medical journals, the Internet World Wide Web, and other appropriate
media.''.
SEC. 7. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER IN
ASPINWALL, PENNSYLVANIA.
The Department of Veterans Affairs medical center in Aspinwall,
Pennsylvania, is hereby designated as the ``H. John Heinz III
Department of Veterans Affairs Medical Center''. Any reference to that
medical center in any law, regulation, map, document, record, or other
paper of the United States shall be considered to be a reference to the
``H. John Heinz III Department of Veterans Affairs Medical Center''.
SEC. 8. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER IN
GAINESVILLE, FLORIDA.
The Department of Veterans Affairs medical center in Gainesville,
Florida, is hereby designated as the ``Malcom Randall Department of
Veterans Affairs Medical Center''. Any reference to that medical center
in any law, regulation, map, document, record, or other paper of the
United States shall be considered to be a reference to the ``Malcom
Randall Department of Veterans Affairs Medical Center''.
SEC. 9. MANAGEMENT OF SPECIALIZED TREATMENT AND REHABILITATIVE
PROGRAMS.
(a) Standards of Job Performance.--Section 1706(b) of title 38,
United States Code, is amended--
(1) in paragraph (2), by striking out ``April 1, 1997,
April 1, 1998, and April 1, 1999'', and inserting in lieu
thereof ``April 1, 1999, April 1, 2000, and April 1, 2001'';
and
(2) by adding at the end the following new paragraph:
``(3)(A) To ensure compliance with paragraph (1), the Under
Secretary for Health shall prescribe objective standards of job
performance for employees in positions described in subparagraph (B)
with respect to the job performance of those employees in carrying out
the requirements of paragraph (1). Those job performance standards
shall include measures of workload, allocation of resources, and
quality-of-care indicators.
``(B) Positions described in this subparagraph are positions in the
Veterans Health Administration that have responsibility for allocating
and managing resources applicable to the requirements of paragraph (1).
``(C) The Under Secretary shall develop the job performance
standards under subparagraph (A) in consultation with the Advisory
Committee on Prosthetics and Special Disabilities Programs and the
Committee on Care of Severely Chronically Mentally Ill Veterans.''.
(b) Effective Date.--The standards of job performance required by
paragraph (3) of section 1706(b) of title 38, United States Code, as
added by subsection (a), shall be prescribed not later than January 1,
1999.
SEC. 10. EXTENSION OF AUTHORITY TO COUNSEL AND TREAT VETERANS FOR
SEXUAL TRAUMA.
Section 1720D(a) of title 38, United States Code, is amended by
striking out ``December 31, 1998'' in paragraphs (1) and (3) and
inserting in lieu thereof ``December 31, 2001''.
SEC. 11. AUTHORIZATION OF CONSTRUCTION OF A SPINAL CORD INJURY CENTER
AT THE TAMPA, FLORIDA, VAMC.
(a) Authorization.--The Secretary of Veterans Affairs may carry out
a major medical facility project for construction of a spinal cord
injury center at the Department of Veterans Affairs Medical Center,
Tampa, Florida, in an amount not to exceed $46,300,000.
(b) Funding.--There are authorized to be appropriated to the
Secretary of Veterans Affairs for fiscal year 1999 for the
Construction, Major Projects, account $20,000,000 to be available for
the project authorized in subsection (a).
(c) Source of Funds.--The project authorized in subsection (a) may
be carried out using --
(A) funds appropriated pursuant to the authorization of
appropriations in subsection (b);
(B) funds appropriated for Construction, Major Projects,
for a fiscal year before fiscal year 1999 that remain available
for obligation; and
(C) funds appropriated for Construction, Major Projects,
for a fiscal year before fiscal year 1999 for a category of
activity not specific to a project.
Passed the House of Representatives August 3, 1998.
Attest:
ROBIN H. CARLE,
Clerk. | Persian Gulf War Veterans Health Care and Research Act of 1998 - Authorizes priority hospital care, medical services, and nursing home care for any illness for veterans who served on active duty: (1) in a theater of combat operations during a period of war after the Vietnam era; or (2) in combat against a hostile force after the date of enactment of this Act. Allows such priority notwithstanding that there is insufficient medical evidence to conclude that such condition is attributable to such service. Extends through December 31, 2001, the authority for the provision of such services to other Persian Gulf War veterans. Authorizes priority service for a period of five years after discharge or release. Requires a report from the Secretary of Veterans Affairs to the Congress on the experiences under the priority care.
Elevates from level six to level four the priority assigned for purposes of enrollment for health care to veterans based on Persian Gulf War service, herbicide exposure during the Vietnam era, and exposure to ionizing radiation.
Directs the Secretary to establish in the Veterans Health Administration (VHA) of the Department of Veterans Affairs a National Center for the Study of War-Related Illnesses to promote the clinical, research, and educational activities of the VHA with respect to war-related illnesses, including medically unexplained illnesses.
Directs the Secretary to contract with the National Academy of Sciences (NAS) for the review of a methodology which could be used by the Department to determine the efficacy of treatments furnished to, and health outcomes of, Persian Gulf War veterans who have been treated for illnesses which may be associated with their service. Requires an implementation report from the Secretary to the congressional veterans' committees.
Authorizes the Secretaries of Veterans Affairs and Defense to contract with NAS to: (1) develop a curriculum pertaining to the care and treatment of Persian Gulf War veterans who have ill-defined or undiagnosed illnesses for use in the continuing medical education of both general and specialty physicians providing care to such veterans; and (2) periodically review and provide recommendations regarding the research plans and strategies of the respective Departments relating to the health consequences of military service in the Persian Gulf theater of operations during the Persian Gulf War.
Amends the Persian Gulf War Veterans' Health Status Act to direct Federal department or agency heads designated by the President to establish within their respective departments an advisory committee to advise on proposed research studies, plans, or strategies relating to the health consequences of military service in the Persian Gulf theater of operations. Requires: (1) related reports; and (2) the public availability of all research findings, including through the Internet World Wide Web.
Designates the Department medical center in: (1) Aspinwall, Pennsylvania, as the H. John Heinz III Department of Veterans Affairs Medical Center; and (2) Gainesville, Florida, as the Malcom Randall Department of Veterans Affairs Medical Center.
Extends through April 1, 2001, reporting requirements of the Secretary concerning management of Department hospital care and medical services. Requires the VHA's Under Secretary for Health to prescribe objective standards of job performance for Department employees having responsibility for allocating and managing Department hospital and medical resources.
Extends through December 31, 2001, the authority to provide counseling and treatment to veterans to overcome sexual trauma.
Authorizes the Secretary to carry out a major medical facility project for construction of a spinal cord injury center at the Department of Veterans Affairs Medical Center, Tampa, Florida, at a specified cost. Authorizes appropriations for FY 1999 for such construction. Allows the use of Construction, Major Projects, funding for fiscal years before 1999 for such project. | {"src": "billsum_train", "title": "Persian Gulf War Veterans Health Care and Research Act of 1998"} | 3,610 | 775 | 0.607889 | 1.981362 | 0.758054 | 4.246459 | 4.729462 | 0.909348 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patent Reexamination Reform Act of
1994''.
SEC. 2. DEFINITIONS.
Section 100 of title 35, United States Code, is amended by adding
at the end thereof the following new subsection:
``(e) The term `third-party requester' means a person requesting
reexamination under section 302 of this title who is not the patent
owner.''.
SEC. 3. REEXAMINATION PROCEDURES.
(a) Request for Reexamination.--Section 302 of title 35, United
States Code, is amended to read as follows:
``Sec. 302. Request for reexamination
``Any person at any time may file a request for reexamination by
the Office of a patent on the basis of any prior art cited under the
provisions of section 301 of this title or on the basis of the
requirements of section 112 of this title except for the best mode
requirement. The request must be in writing and must be accompanied by
payment of a reexamination fee established by the Commissioner of
Patents and Trademarks pursuant to the provisions of section 41 of this
title. The request must set forth the pertinency and manner of applying
cited prior art to every claim for which reexamination is requested or
the manner in which the patent specification or claims fail to comply
with the requirements of section 112 of this title. Unless the
requesting person is the owner of the patent, the Commissioner promptly
will send a copy of the request to the owner of record of the
patent.''.
(b) Determination of Issue by Commissioner.--Section 303 of title
35, United States Code, is amended to read as follows:
``Sec. 303. Determination of issue by Commissioner
``(a) Within three months following the filing of a request for
reexamination under the provisions of section 302 of this title, the
Commissioner will determine whether a substantial new question of
patentability affecting any claim of the patent concerned is raised by
the request, with or without consideration of other patents or printed
publications. On his own initiative, and at any time, the Commissioner
may determine whether a substantial new question of patentability is
raised by patent or printed publications or by the failure of the
patent specification or claims to comply with the requirements of
section 112 of this title except for the best mode requirement.
``(b) A record of the Commissioner's determination under subsection
(a) of this section will be placed in the official file of the patent,
and a copy promptly will be given or mailed to the owner of record of
the patent and to the third-party requester, if any.
``(c) A determination by the Commissioner pursuant to subsection
(a) of this section will be final and nonappealable. Upon a
determination that no substantial new question of patentability has
been raised, the Commissioner may refund a portion of the reexamination
fee required under section 302 of this title.''.
(c) Reexamination Order by Commissioner.--Section 304 of title 35,
United States Code, is amended to read as follows:
``Sec. 304. Reexamination order by Commissioner
``If, in a determination made under the provisions of section
303(a) of this title, the Commissioner finds that a substantial new
question of patentability affecting any claim of a patent is raised,
the determination will include an order for reexamination of the patent
for resolution of the question. The order may be accompanied by the
initial Office action on the merits of the reexamination conducted in
accordance with section 305 of this title.''.
(d) Conduct of Reexamination Proceedings.--Section 305 of title 35,
United States Code, is amended to read as follows:
``Sec. 305. Conduct of reexamination proceedings
``(a) Subject to subsection (b) of this section, reexamination will
be conducted according to the procedures established for initial
examination under the provisions of sections 132 and 133 of this title.
In any reexamination proceeding under this chapter, the patent owner
will be permitted to propose any amendment to the patent and a new
claim or claims thereto. No proposed amended or new claim enlarging the
scope of the claims of the patent will be permitted in a reexamination
proceeding under this chapter.
``(b)(1) This subsection shall apply to any reexamination
proceeding in which the order for reexamination is based upon a third-
party reexamination request.
``(2) Any document (other than the reexamination request) filed in
a reexamination proceeding by either the patent owner or the third-
party requester shall be served on any other party.
``(3)(A) If the patent owner files a response to any Office action
on the merits, the third-party requester may once file written comments
within a reasonable period. At a minimum, such comments may be filed
within 1 month after the date of service of the patent owner's
response.
``(B) Comments filed under this paragraph shall be limited to
issues covered by the Office action or the patent owner's response.
``(c) Unless otherwise provided by the Commissioner for good cause,
all reexamination proceedings under this section, including any appeal
to the Board of Patent Appeals and Interferences, will be conducted
with special dispatch within the Office.''.
(e) Appeal.--Section 306 of title 35, United States Code, is
amended to read as follows:
``Sec. 306. Appeal
``(a) The patent owner involved in a reexamination proceeding under
this chapter may--
``(1) appeal under the provisions of section 134 of this
title, and may appeal under the provisions of sections 141
through 144 of this title, with respect to any decision adverse
to the patentability of any original or proposed amended or new
claim of the patent; or
``(2) be a party to any appeal taken by a third-party
requester under subsection (b) of this section.
``(b) A third-party requester may--
``(1) appeal under the provisions of section 134 of this
title, and may appeal under the provisions of sections 141
through 144 of this title, with respect to any final decision
favorable to the patentability of any original or proposed
amended or new claim of the patent; or
``(2) be a party to any appeal taken by the patent owner,
subject to subsection (c) of this section.
``(c) A third-party requester who files a notice of appeal or who
participates as a party to an appeal by the patent owner under the
provisions of sections 141 through 144 of this title is estopped from
later asserting, in any forum, the invalidity of any claim determined
to be patentable on appeal on any ground which the third-party
requester raised or could have raised during the reexamination
proceedings. A third-party requester is deemed not to have participated
as a party to an appeal by the patent owner unless, within twenty days
after the patent owner has filed notice of appeal, the third-party
requester files notice with the Commissioner electing to
participate.''.
(f) Reexamination Prohibited.--(1) Chapter 30 of title 35, United
States Code, is amended by adding the following section at the end
thereof:
``Sec. 308. Reexamination prohibited
``(a) Notwithstanding any provision of this chapter, once an order
for reexamination of a patent has been issued under section 304 of this
title, neither the patent owner nor the third-party requester, if any,
nor privies of either, may file a subsequent request for reexamination
of the patent until a reexamination certificate is issued and published
under section 307 of this title, unless authorized by the Commissioner.
``(b) Once a final decision has been entered against a party in a
civil action arising in whole or in part under section 1338 of title 28
that the party has not sustained its burden of proving the invalidity
of any patent claim in suit, then neither that party nor its privies
may thereafter request reexamination of any such patent claim on the
basis of issues which that party or its privies raised or could have
raised in such civil action, and a reexamination requested by that
party or its privies on the basis of such issues may not thereafter be
maintained by the Office, notwithstanding any provision of this
chapter.''.
(2) The table of sections for chapter 30 of title 35, United States
Code, is amended by adding the following at the end thereof:
``308. Reexamination prohibited.''.
SEC. 4. CONFORMING AMENDMENTS.
(a) Board of Patent Appeals and Interferences.--The first sentence
of section 7(b) of title 35, United States Code, is amended to read as
follows: ``The Board of Patent Appeals and Interferences shall, on
written appeal of an applicant, or a patent owner or a third-party
requester in a reexamination proceeding, review adverse decisions of
examiners upon applications for patents and decisions of examiners in
reexamination proceedings, and shall determine priority and
patentability of invention in interferences declared under section
135(a) of this title.''.
(b) Patent Fees; Patent and Trademark Search Systems.--Section
41(a)(7) of title 35, United States Code, is amended by inserting ``or
for an unintentionally delayed response by the patent owner in a
reexamination proceeding,'' after ``issuing each patent,''.
(c) Appeal to the Board of Patent Appeals and Interferences.--
Section 134 of title 35, United States Code, is amended to read as
follows:
``Sec. 134. Appeal to the Board of Patent Appeals and Interferences
``(a) An applicant for a patent, any of whose claims has been twice
rejected, may appeal from the decision of the primary examiner to the
Board of Patent Appeals and Interferences, having once paid the fee for
such appeal.
``(b) A patent owner in a reexamination proceeding may appeal from
the final rejection of any claim by the primary examiner to the Board
of Patent Appeals and Interferences, having once paid the fee for such
appeal.
``(c) A third-party requester may appeal to the Board of Patent
Appeals and Interferences from the final decision of the primary
examiner favorable to the patentability of any original or proposed
amended or new claim of a patent, having once paid the fee for such
appeal.''.
(d) Appeal to Court of Appeals for the Federal Circuit.--Section
141 of title 35, United States Code, is amended by amending the first
sentence to read as follows: ``An applicant, a patent owner or a third-
party requester, dissatisfied with the final decision in an appeal to
the Board of Patent Appeals and Interferences under section 134 of this
title, may appeal the decision to the United States Court of Appeals
for the Federal Circuit.''.
(e) Proceedings on Appeal.--Section 143 of title 35, United States
Code, is amended by amending the third sentence to read as follows:
``In ex parte and reexamination cases, the Commissioner shall submit to
the court in writing the grounds for the decision of the Patent and
Trademark Office, addressing all the issues involved in the appeal.''.
(f) Civil Action To Obtain Patent.--Section 145 of title 35, United
States Code, is amended in the first sentence by inserting ``(a)''
after ``section 134''.
SEC. 5. EFFECTIVE DATES.
This Act shall take effect six months after the date of enactment
of this Act and shall apply to all reexamination requests filed on or
after such date.
Passed the Senate October 4 (legislative day, September
12), 1994.
Attest:
MARTHA S. POPE,
Secretary. | Patent Reexamination Reform Act of 1994 - Amends Federal patent law to expand reexamination request authority to authorize the filing of such requests by any person on the basis of patent specification requirements except for the best mode requirement. (Current law permits reexamination requests only on the basis of prior art.)
Establishes procedures for reexamination proceedings based upon third-party (persons who are not the patent owner) requests. Requires documents filed in such proceedings, other than the request, to be served on all parties. Authorizes third-party requesters to file written comments within a reasonable period if the patent owner files a response to any Patent and Trademark Office action on the merits of reexamination.
Grants third-party requesters the right to appeal final reexamination decisions on the same basis such right is available to patent owners.
Estops a third-party requester who files a notice of appeal or who participates as a party to an appeal from later asserting the invalidity of any claim determined to be patentable on appeal on any ground which was or could have been raised during reexamination.
Bars patent owners and third-party requesters, once an order for reexamination has been issued, from filing a subsequent reexamination request until a reexamination certificate is published.
Prohibits a party, once a final decision has been entered in a civil action that the party has not sustained the burden of proving the invalidity of a patent claim, from requesting reexamination on issues that were or could have been raised in the civil action.
Requires the Board of Patent Appeals and Interferences to review adverse decisions of examiners in reexamination proceedings and authorizes appeals to the Board by patent owners and third-party requesters with respect to reexamination decisions. Permits appeals of Board decisions to the U.S. Court of Appeals for the Federal Circuit. | {"src": "billsum_train", "title": "Patent Reexamination Reform Act of 1994"} | 2,751 | 448 | 0.599706 | 1.922492 | 0.816318 | 3.393586 | 7.067055 | 0.880466 |
SECTION 1. SHORT TITLE: TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Port Authority of
New York/New Jersey Port Security Task Force Implementation Act of
2008''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Secure systems of international intermodal transportation.
Sec. 3. Regional recovery plans.
Sec. 4. National tactical plans.
Sec. 5. Risk based resource allocation.
Sec. 6. Use of maritime security risk assessment model.
Sec. 7. Maritime and cargo security integrated project teams.
Sec. 8. Integration of security plans and systems with local port
authority and law enforcement agencies.
Sec. 9. Standardized policy for advanced notice of Coast Guard boarding
for security or port state control
inspections.
Sec. 10. Fraudulent or tampered with transportation worker
identification cards.
Sec. 11. Federal licensing of ship agents.
Sec. 12. Establishment of a security individual.
Sec. 13. Certification of maritime security guards.
Sec. 14. Grants to tier 1 and tier 2 ports require regional strategic
risk management assessment.
Sec. 15. Vessel security plans for supply and similar vessels.
SEC. 2. SECURE SYSTEMS OF INTERNATIONAL INTERMODAL TRANSPORTATION.
Section 70116 of title 46, United States Code, is amended--
(1) by striking ``transportation.'' in subsection (a) and
inserting ``transportation--
``(1) to ensure the security and integrity of shipments of
goods to the United States from the point at which such goods
are initially packed or loaded into a cargo container for
international shipment until they reach their ultimate
destination; and
``(2) to facilitate the movement of such goods through the
entire supply chain through an expedited security and clearance
program.''; and
(2) by striking subsection (b) and inserting the following:
``(b) Program Elements.--Within one year after the date of
enactment of the Port Authority of New York/New Jersey Port Security
Task Force Implementation Act of 2008, the Secretary, acting through
the Commissioner of Customs and Border Protection, shall--
``(1) establish minimum standards and procedures for
verifying, at the point at which goods are placed in a cargo
container for shipping, that the container is free of
unauthorized contents, including hazardous chemical,
biological, radiological, or nuclear material and for securely
sealing such containers after the contents are so verified;
``(2) establish standards and procedures for securing cargo
and monitoring that security while in transit;
``(3) develop performance standards to enhance the physical
security of shipping containers, including performance
standards for seals and locks and protocols and procedures to
address anomalies;
``(4) establish standards and procedures for screening and
evaluating cargo prior to loading in a foreign port for
shipment to the United States either directly or via a foreign
port;
``(5) establish standards and procedures that will enable
the United States Government to ensure and validate compliance
with those standards and procedures; and
``(6) incorporate any other measures the Secretary
considers necessary to ensure the security and integrity of
international intermodal transport movements.
``(c) Requirements for Entry of Containers.--Beginning 1 year after
the date on which the Secretary determines that the standards and
procedures under subsection (b)(5) have been established and are in
effect, the Commissioner of Customs and Border Protection shall refuse
entry into the customs territory of the United States to any container,
arriving directly or via a foreign port, unless the entity shipping the
container has complied with those standards and procedures with respect
to that container.''.
SEC. 3. REGIONAL RECOVERY PLANS.
(a) Establishment.--Section 70103(b)(2) of title 46, United States
Code, is amended--
(1) by redesignating subparagraphs (E) through (G) as
subparagraphs (F) through (H), respectively; and
(2) by inserting after subparagraph (D) the following:
``(E) establish regional response and recovery
protocols to prepare for, respond to, mitigate against,
and recover from a transportation security incident
consistent with section 202 of the Security and
Accountability for Every Port Act of 2006 (6 U.S.C.
942) and section 70103(a) of title 46, United States
Code;''.
(b) Coordination of Plans.--Section 70103(b)(1) of title 46, United
States Code, is amended--
(1) by striking ``and'' after the semicolon in subparagraph
(F);
(2) by redesignating subparagraph (G) as subparagraph (H);
and
(3) by inserting after subparagraph (F) the following:
``(G) be consistent with, and support implementation of,
the National Incident Management System, the National Response
Plan, the National Infrastructure Protection Plan, the National
Preparedness Guidance, the National Preparedness Goal, the
National Transportation Security Plan, National Tactical Plans,
and other similar initiatives; and''.
(c) Use of Area Maritime Transportation Security Plans in
Exercises.--Section 114(b)(1) of the SAFE Port Act (6 U.S.C. 912(b)) is
amended--
(1) by striking ``and'' after the semicolon in paragraph
(1);
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) utilizes the Area Maritime Transportation Security
Plans established under section 70103(b) of title 46, United
States Code, in conducting such exercises; and''.
SEC. 4. NATIONAL TACTICAL PLANS.
The Secretary of the department in which the Coast Guard is
operating shall ensure that the National Tactical Plan is shared with
the Area Maritime Security Committees established under section 70112
of title 46, United States Code. The Area Maritime Security Committees
shall use the plan in developing regional and local plans and for
exercises.
SEC. 5. RISK BASED RESOURCE ALLOCATION.
(a) National Standard.--Within 1 year after the date of enactment
of this Act, in carrying out chapter 701 of title 46, United States
Code, the Homeland Security Act of 2002, and the Security and
Accountability for Every Port Act of 2006 the Secretary of the
department in which the Coast Guard is operating shall develop and
utilize a national standard and formula for prioritizing and addressing
assessed security risks at United States ports, such as the Maritime
Assessment Strategy Tool that has been tested by the Department of
Homeland Security.
(b) Use by Maritime Security Committees.--Within 2 years after the
date of enactment of this Act, the Secretary shall require each Area
Maritime Security Committee to use this standard to regularly evaluate
each port's assessed risk and prioritize how to mitigate the most
significant risks.
(c) Other Uses of Standard.--The Secretary shall utilize the
standard when considering departmental resource allocations and grant-
making decisions.
SEC. 6. USE OF MARITIME SECURITY RISK ASSESSMENT MODEL.
Within 180 days after the date of enactment of this Act, the
Secretary of the department in which the Coast Guard is operating shall
make the United States Coast Guard's Maritime Security Risk Assessment
Model tool available, in an unclassified version, on a limited basis to
regulated vessels and facilities to conduct true risk assessments of
their own facilities and vessels using the same criteria employed by
the United States Coast Guard when evaluating a port area.
SEC. 7. MARITIME AND CARGO SECURITY INTEGRATED PROJECT TEAMS.
The Secretary of Homeland Security shall--
(1) establish integrated project teams within the science
and technology directorate to assist the Department of Homeland
Security in product research, development, transition, and
acquisition activities for cargo security; and
(2) provide for participation by port authorities or the
appropriate State agency responsible for oversight of port
areas in such activities.
SEC. 8. INTEGRATION OF SECURITY PLANS AND SYSTEMS WITH LOCAL PORT
AUTHORITY AND LAW ENFORCEMENT AGENCIES.
Section 70102 of title 46, United States Code, is amended by adding
at the end thereof the following:
``(c) Sharing of Assessment; Integration of Plans and Equipment.--
The owner or operator of a facility shall--
``(1) make a current copy of the vulnerability assessment
conducted under subsection (b) available to the port authority
with jurisdiction of the facility and appropriate State or
local law enforcement agencies; and
``(2) integrate, to the maximum feasible extent, any
security system for the facility with compatible systems
operated or maintained by the port authority or such law
enforcement agencies.''.
SEC. 9. STANDARDIZED POLICY FOR ADVANCED NOTICE OF COAST GUARD BOARDING
FOR SECURITY OR PORT STATE CONTROL INSPECTIONS.
Within 90 days after the date of enactment of this Act, the
Commandant of the Coast Guard shall establish, and publish in the
Federal Register, a policy governing how much advance notice is to be
provided by the Coast Guard to the owner or operator of a vessel before
the vessel is boarded by the Coast Guard for ISPS compliance or Port
State Control inspection.
SEC. 10. FRAUDULENT OR TAMPERED WITH TRANSPORTATION WORKER
IDENTIFICATION CARDS.
Section 70105 of title 46, United States Code, is amended by adding
at the end thereof the following:
``(n) Confiscation of Fraudulent TWICs.--If any Federal, State, or
local government law enforcement officer, or any member of the United
States Coast Guard in the execution of such officer's duties, has
reasonable cause to believe that a transportation security card issued
under this section is fraudulent, has been unlawfully modified, or is
otherwise invalid, the officer may confiscate the card, notify the
Department of Homeland Security, and hold the bearer of the card in
custody for a reasonable period of time for relinquishment to
appropriate law enforcement authorities.''.
SEC. 11. FEDERAL LICENSING OF SHIP AGENTS.
(a) In General.--Within 1 year after the date of enactment of this
Act, the Federal Maritime Commission shall establish and implement a
procedure for the training, certification, and licensing of steamship
agents and agencies operating in the United States.
(b) TWIC Required.--An individual may not receive a license under
the procedure established by the Federal Maritime Commission under
subsection (a) unless that individual holds a valid transportation
security card issued under section 70105 of title 46, United States
Code.
(c) License Requirement.--Beginning 1 year after the date on which
the Federal Maritime Commission establishes the licensing procedure, or
after such date as the Federal Maritime Commission may establish, it
shall be unlawful for any person to act as a vessel agent in the United
States without a valid license issued by the Federal Maritime
Commission and a valid transportation security card issued under
section 70105 of title 46, United States Code.
(d) Enforcement.--Violation of subsection (c) is punishable by
imprisonment for not more than 1 year and a fine under title 18, United
States Code.
SEC. 12. ESTABLISHMENT OF A SECURITY INDIVIDUAL.
Under regulations prescribed by the Secretary of Homeland Security,
each vessel documented under chapter 121 of title 46, United States
Code, and each foreign vessel entering a United States port, engaged in
the commercial transportation of goods or passengers shall--
(1) designate a United States person that is responsible
for responding to a transportation security incident involving
the vessel while in a United States port by notifying
appropriate emergency response entities and facilitating vessel
response activities; and
(2) provide notice to the Secretary of Homeland Security,
the Commandant of the Coast Guard, and the captain of the port
of the identity and contact information for such person.
SEC. 13. CERTIFICATION OF MARITIME SECURITY GUARDS.
(a) In General.--Chapter 701 of title 46, United States Code, is
amended by adding at the end thereof the following:
``Sec. 70122. Incident command system training
``The Secretary shall ensure that all maritime security guards meet
minimum training and performance standards in the Department of
Homeland Security's security awareness and response procedures and in
the handling of hazardous materials.''.
(b) Conforming Amendment.--The chapter analysis for chapter 701 of
title 46, United States Code, is amended by inserting after the item
relating to section 70121 the following:
``70122. Incident command system training.''.
SEC. 14. GRANTS TO TIER 1 AND TIER 2 PORTS REQUIRE REGIONAL STRATEGIC
RISK MANAGEMENT ASSESSMENT.
Section 70107(a) of title 46, United States Code, is amended by
adding at the end ``The Secretary shall establish regional strategic
risk management priorities for tier 1 and tier 2 ports and take such
priorities into account in awarding grants under this section.''.
SEC. 15. VESSEL SECURITY PLANS FOR SUPPLY AND SIMILAR VESSELS.
(a) In General.--Section 70103(c)(2)(A) of title 46, United States
Code, is amended by striking ``incident;'' and inserting ``incident
(including supply vessels, bunker and fuel deliver and launch vessels
conducting activities or providing services to other vessels at
anchorage;''.
(b) TWICs Required for Crew.--Section 70105(b)(2)(F) of title 46,
United States Code, is amended by inserting ``personnel working on
board vessels described in section 70103(c)(2)(A) of this title and''
after ``(F)''.
(c) Effective Date.--The amendments made by this section shall take
effect 1 year after the date of enactment of this Act. | Port Authority of New York/New Jersey Port Security Task Force Implementation Act of 2008 - Amends federal port security law to revise mandatory elements of the secure system of transportation program.
Directs the Secretary of the department in which the Coast Guard is operating, acting through the Commissioner of Customs and Border Protection, to establish minimum program standards and procedures for verifying, at the point goods are placed in a cargo container for shipping, that such container is free of unauthorized contents, including hazardous chemical, biological, radiological, or nuclear material, and is securely sealed after verification of its contents. Prohibits the entry of any container that has not complied with such standards and procedures.
Requires Area Maritime Transportation Security Plans to establish regional response and recovery protocols for transportation security incidents.
Amends the SAFE Port Act to require the Secretary of Homeland Security to ensure that the Port Security Exercise Program utilizes Area Maritime Transportation Security Plans in conducting port security exercises.
Requires the Secretary of the department in which the Coast Guard is operating to develop and utilize a national standard for prioritizing and assessing security risks at U.S. ports, such as the Maritime Assessment Strategy Tool.
Sets forth requirements regarding: (1) use of the U.S. Coast Guard's Maritime Security Risk Assessment Model tool to conduct vessel and port facility security risk assessments; (2) establishment of maritime and cargo security integrated project teams; (3) sharing of port facility vulnerability assessments and integration of port security plans and systems with local port authority and law enforcement agencies; (4) policy for advanced notice of Coast Guard boarding of vessels for security or Port State Control inspections; (5) confiscation of fraudulent transportation worker identification cards (TWICs); (6) Federal Maritime Commission training and licensing of steamship agents; (7) designation of a U.S. person to be responsible for notifying emergency response entities in the event of a transportation security incident involving a U.S. or foreign vessel; (8) minimum incident command system training and performance standards for maritime security guards; (9) consideration of regional strategic risk management priorities for tier 1 and tier 2 ports in grant awards; and (10) the submission of security plans for supply, bunker, and fuel deliver and launch vessels conducting activities or providing services to other vessels at anchorage. | {"src": "billsum_train", "title": "A bill to improve port and intermodal supply chain security."} | 3,095 | 487 | 0.713464 | 2.287048 | 0.782739 | 4.034325 | 6.340961 | 0.93135 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Agricultural Products
Market Access Act of 2003''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) The export of agricultural products is of vital
importance to the economy of the United States.
(2) In 2002, agriculture was a large positive contributor
to the United States merchandise trade balance with a trade
surplus of $12,300,000,000.
(3) The growth of United States agricultural exports should
continue to be an important factor in improving the United
States merchandise trade balance.
(4) Increasing the volume of agricultural exports will
increase farm income in the United States, thereby protecting
family farms and contributing to the economic well-being of
rural communities in the United States.
(5) Although the United States efficiently produces high-
quality agricultural products, United States producers cannot
realize their full export potential because many foreign
countries deny fair and equitable market access to United
States agricultural products.
(6) The Foreign Agricultural Service estimates that United
States agricultural exports are reduced by $4,700,000,000
annually due to unjustifiable imposition of sanitary and
phytosanitary measures that deny or limit market access to
United States products.
(7) The denial of fair and equitable market access for
United States agricultural products impedes the ability of
United States farmers to export their products, thereby harming
the economic interests of the United States.
(b) Purposes.--The purposes of this Act are--
(1) to reduce or eliminate foreign unfair trade practices
and to remove constraints on fair and open trade in
agricultural products;
(2) to ensure fair and equitable market access for exports
of United States agricultural products; and
(3) to promote free and fair trade in agricultural
products.
SEC. 3. IDENTIFICATION OF COUNTRIES THAT DENY MARKET ACCESS.
(a) Identification Required.--Chapter 8 of title I of the Trade Act
of 1974 (19 U.S.C. 2241 et seq.) is amended by adding at the end the
following:
``SEC. 183. IDENTIFICATION OF COUNTRIES THAT DENY MARKET ACCESS FOR
AGRICULTURAL PRODUCTS.
``(a) In General.--Not later than the date that is 30 days after
the date on which the annual report is required to be submitted to
Congressional committees under section 181(b), the United States Trade
Representative (in this section referred to as the `Trade
Representative') shall identify--
``(1) those foreign countries that--
``(A) deny fair and equitable market access to
United States agricultural products, or
``(B) apply standards for the importation of
agricultural products from the United States that are
not related to public health concerns or cannot be
substantiated by reliable analytical methods, and
``(2) those foreign countries identified under paragraph
(1) that are determined by the Trade Representative to be
priority foreign countries.
``(b) Special Rules for Identifications.--
``(1) Criteria.--In identifying priority foreign countries
under subsection (a)(2), the Trade Representative shall only
identify those foreign countries--
``(A) that engage in or have the most onerous or
egregious acts, policies, or practices that deny fair
and equitable market access to United States
agricultural products,
``(B) whose acts, policies, or practices described
in subparagraph (A) have the greatest adverse impact
(actual or potential) on the relevant United States
products, and
``(C) that are not--
``(i) entering into good faith
negotiations, or
``(ii) making significant progress in
bilateral or multilateral negotiations,
to provide fair and equitable market access to United
States agricultural products.
``(2) Consultation and consideration requirements.--In
identifying priority foreign countries under subsection (a)(2),
the Trade Representative shall--
``(A) consult with the Secretary of Agriculture and
other appropriate officers of the Federal Government,
and
``(B) take into account information from such
sources as may be available to the Trade Representative
and such information as may be submitted to the Trade
Representative by interested persons, including
information contained in reports submitted under
section 181(b) and petitions submitted under section
302.
``(3) Factual basis requirement.--The Trade Representative
may identify a foreign country under subsection (a)(1) only if
the Trade Representative finds that there is a factual basis
for the denial of fair and equitable market access as a result
of the violation of international law or agreement, or the
existence of barriers, referred to in subsection (d).
``(4) Consideration of historical factors.--In identifying
foreign countries under paragraphs (1) and (2) of subsection
(a), the Trade Representative shall take into account--
``(A) the history of agricultural trade relations
with the foreign country, including any previous
identification under subsection (a)(2), and
``(B) the history of efforts of the United States,
and the response of the foreign country, to achieve
fair and equitable market access for United States
agricultural products.
``(c) Revocations and Additional Identifications.--
``(1) Authority to act at any time.--If information
available to the Trade Representative indicates that such
action is appropriate, the Trade Representative may at any
time--
``(A) revoke the identification of any foreign
country as a priority foreign country under this
section, or
``(B) identify any foreign country as a priority
foreign country under this section.
``(2) Revocation reports.--The Trade Representative shall
include in the semiannual report submitted to the Congress
under section 309(3) a detailed explanation of the reasons for
the revocation under paragraph (1) of the identification of any
foreign country as a priority foreign country under this
section.
``(d) Denial of Fair and Equitable Market Access Defined.--For
purposes of this section, a foreign country denies fair and equitable
market access if the foreign country effectively denies access to a
market for a product through the use of laws, procedures, practices, or
regulations which--
``(1) violate provisions of international law or
international agreements to which both the United States and
the foreign country are parties, or
``(2) constitute discriminatory nontariff trade barriers.
``(e) Publication.--The Trade Representative shall publish in the
Federal Register a list of foreign countries identified under
subsection (a) and shall make such revisions to the list as may be
required by reason of the action under subsection (c).
``(f) Annual Report.--The Trade Representative shall, not later
than the date by which countries are identified under subsection (a),
transmit to the Committee on Ways and Means and the Committee on
Agriculture of the House of Representatives and the Committee on
Finance and the Committee on Agriculture, Nutrition, and Forestry of
the Senate, a report on the actions taken under this section during the
12 months preceding such report, and the reasons for such actions,
including a description of progress made in achieving fair and
equitable market access for United States agricultural products.''.
(b) Clerical Amendment.--The table of contents for the Trade Act of
1974 is amended by inserting after the item relating to section 182 the
following:
``183. Identification of countries that deny market access for
agricultural products.''.
(c) Additional Staff for Office of Assistant Trade Representative
for Agricultural Affairs and Office of Assistant Trade Representative
for Monitoring and Enforcement.--
(1) In general.--There is authorized to be appropriated
such sums as may be necessary for fiscal year 2004 for the
salaries and expenses of 1 additional specialist employee
position within the Office of the Assistant United States Trade
Representative for Agricultural Affairs and 1 additional
specialist employee position within the Office of the Assistant
United States Trade Representative for Monitoring and
Enforcement.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) are
authorized to remain available until expended.
SEC. 4. INVESTIGATIONS.
(a) Investigation Required.--Subparagraph (A) of section 302(b)(2)
of the Trade Act of 1974 (19 U.S.C. 2412(b)(2)) is amended by inserting
``or 183(a)(2)'' after ``section 182(a)(2)'' in the matter preceding
clause (i).
(b) Conforming Amendment.--Subparagraph (D) of section 302(b)(2) of
such Act is amended by inserting ``concerning intellectual property
rights that is'' after ``any investigation''. | United States Agricultural Products Market Access Act of 2003 - Amends the Trade Act of 1974 to direct the United States Trade Representative (USTR) to identify those foreign countries that: (1) deny fair and equitable market access to U.S. agricultural products or apply standards for the importation of U.S. agricultural products that are not related to public health concerns or cannot be substantiated by reliable analytical methods; and (2) are determined by the USTR to be priority foreign countries. Limits the identification of priority foreign countries to those that engage in the most onerous or egregious acts which have the greatest adverse impact on the relevant U.S. products. Provides that if available information indicates that such action is appropriate, the USTR may at any time: (1) revoke the identification of any foreign country as a priority foreign country; or (2) identify any foreign country as a priority foreign country. Provides funding for additional staff for the Office of the Assistant U.S. Trade Representative for Agricultural Affairs and Office of the Assistant U.S. Trade Representative for Monitoring and Enforcement. Requires the U.S. Trade Representative to initiate an investigation (without waiting for a petition by an interested person) regarding any act, policy, or practice of a priority foreign country identified under this Act. | {"src": "billsum_train", "title": "To amend the Trade Act of 1974 to establish procedures for identifying countries that deny market access for agricultural products of the United States, and for other purposes."} | 1,867 | 276 | 0.549599 | 1.643707 | 0.72768 | 3.495763 | 7.440678 | 0.894068 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Greener Gardens Act of 2009''.
SEC. 2. CREDIT FOR QUALIFIED NONROAD EQUIPMENT.
(a) Allowance of Credit.--Subpart B of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by inserting
after section 30D the following new section:
``SEC. 30E. CREDIT FOR QUALIFIED NONROAD EQUIPMENT.
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter an amount equal to 25 percent
of the qualified nonroad equipment expenses for the taxable year.
``(b) Limitation.--The credit allowed under subsection (a) shall
not exceed $1,000 with respect to each unit of qualified nonroad
equipment placed in service by the taxpayer in the taxable year.
``(c) Qualified Nonroad Equipment Expenses.--For purposes of this
section--
``(1) In general.--The term `qualified nonroad equipment
expenses' means the cost of any qualified nonroad equipment the
original use of which commences with the taxpayer and which is
placed in service by the taxpayer during the taxable year.
``(2) Qualified nonroad equipment.--
``(A) In general.--The term `qualified nonroad
equipment' means any equipment that is primarily used
for lawn, garden, or forestry purposes, and that is
described in subparagraph (B) or (C).
``(B) Equipment described in subparagraph (B).--
Equipment is described in this subparagraph if such
equipment--
``(i) has a hybrid-electric drive train or
cutting system which is powered by a generator
or electrical storage device combined with a
gasoline or diesel engine certified by the
Environment Protection Agency at or below the
current Federal standard,
``(ii) is regulated by the Environmental
Protection Agency as a new, spark-ignition
engine under part 1054 of title 40, Code of
Federal Regulations (or any successor
regulation), and is at or below the Phase 3
standards for exhaust and evaporative emissions
under part 1060 of title 40, Code of Federal
Regulations (or any successor regulation), or
``(iii) is regulated by the Environmental
Protection Agency as a new, compression-
ignition engine under part 1039 of title 40,
Code of Federal Regulations (or any successor
regulation), and is at or below the standards
for exhaust emissions under part 1039.102 of
title 40, Code of Federal Regulations (or any
successor regulation), and identified for use
with 100 percent biodiesel as determined by the
Secretary in coordination with the Office of
Energy Efficiency and Renewable Energy.
``(C) Equipment described in subparagraph (C).--
Equipment is described in this subparagraph if such
equipment--
``(i) is powered by a motor drawing current
from solar power, electricity, or rechargeable
or replaceable batteries, or
``(ii) is powered by alternative power
sources and--
``(I) is regulated by the
Environmental Protection Agency as a
new, spark-ignition engine under part
1054 of title 40, Code of Federal
Regulations (or any successor
regulation), and
``(II) is a class 1 or 2 engine
certified by the Environmental
Protection Agency as having an engine
family that emits no more than 50
percent of the number of grams per
kilowatt hour of regulated pollutants
allowable under Phase 3 of the exhaust
emissions standards under section 103
of part 1054 of title 40, Code of
Federal Regulations (or any successor
regulation), relating to handheld
engines, or section 105 of such part,
relating to nonhandheld engines,
whichever is applicable.
``(3) Alternative power sources.--The term `alternative
power sources' means any alternative fuel as determined by the
Secretary, in coordination with the Office of Energy Efficiency
and Renewable Energy.
``(4) Unit.--The term `unit' does not include any component
of qualified nonroad equipment unless such component can be
used independently.
``(d) Application With Other Credits.--
``(1) Business credit treated as part of general business
credit.--So much of the credit which would be allowed under
subsection (a) for any taxable year (determined without regard
to this subsection) that is attributable to property of a
character subject to an allowance for depreciation shall be
treated as a credit listed in section 38(b) for such taxable
year (and not allowed under subsection (a)).
``(2) Personal credit.--
``(A) In general.--For purposes of this title, the
credit allowed under subsection (a) for any taxable
year (determined after application of paragraph (1))
shall be treated as a credit allowable under subpart A
for such taxable year.
``(B) Limitation based on amount of tax.--In the
case of a taxable year to which section 26(a)(2) does
not apply, the credit allowed under subsection (a) for
any taxable year (determined after application of
paragraph (1)) shall not exceed the excess of--
``(i) the sum of the regular tax liability
(as defined in section 26(b)) plus the tax
imposed by section 55, over
``(ii) the sum of the credits allowable
under subpart A (other than this section and
sections 23, 25D, 30, 30B, and 30D) and section
27 for the taxable year.
``(e) Special Rules.--
``(1) Reduction in basis.--For purposes of this subtitle,
the basis of any property for which a credit is allowable under
subsection (a) shall be reduced by the amount of such credit so
allowed (determined without regard to subsection (d)).
``(2) Denial of double benefit.--No credit shall be allowed
under this section for any property for which a credit is
allowed under any other provision of this chapter.
``(f) Termination.--This section shall not apply to any property
placed in service--
``(1) in the case of equipment described in subsection
(c)(2)(B), after the date that is 2 years after the date of the
enactment of the Greener Gardens Act of 2009, and
``(2) in the case of equipment described in subsection
(c)(2)(C), after the date that is 5 years after such date of
enactment.''.
(b) Conforming Amendments.--
(1) Section 24(b)(3)(B) of the Internal Revenue Code of
1986 is amended by striking ``and 30D'' and inserting ``, 30D,
and 30E''.
(2) Section 25(e)(1)(C)(ii) of such Code is amended by
inserting ``30E,'' after ``30D,''.
(3) Section 25B(g)(2) of such Code is amended by striking
``and 30D'' and inserting ``30D, and 30E''.
(4) Section 904(i) of such Code is amended by striking
``and 30D'' and inserting ``30D, and 30E''.
(5) Section 1016(a) of such Code is amended by striking
``and'' at the end of paragraph (36), by striking the period at
the end of paragraph (37) and inserting ``, and'', and by
adding at the end the following new paragraph:
``(38) to the extent provided in section 30E(e)(1).''.
(6) Section 1400C(d)(2) of such Code is amended by striking
``and 30D'' and inserting ``30D, and 30E''.
(c) Credit To Be Part of Business Credit.--Section 38(b) of the
Internal Revenue Code of 1986 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:
``(36) the portion of the qualified nonroad equipment
credit to which section 30E(d)(1) applies.''.
(d) Clerical Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 30D the
following new item:
``Sec. 30E. Credit for qualified nonroad equipment.''.
(e) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act. | Greener Gardens Act of 2009 - Amends the Internal Revenue Code to allow a tax credit for 25%, up to $1,000, of the cost of qualified nonroad equipment. Defines "qualified nonroad equipment" as equipment that is primarily used for lawn, garden, or forestry purposes and is powered by certain alternative and renewable power sources. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a Federal income tax credit for the purchase of certain nonroad equipment."} | 1,928 | 74 | 0.568375 | 1.441222 | 0.753817 | 3.09375 | 27.109375 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Energy Workforce Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the energy sector is the third-largest industry in the
United States;
(2) 1,500,000 new skilled workers will be needed in the
energy sector over the next 15 years; and
(3) a skilled workforce is a critical component of ensuring
the growth of the energy sector in the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Apprenticeship program.--The term ``apprenticeship
program'' means--
(A) an apprenticeship program registered with the
Department of Labor as of the date of enactment of this
Act that has a completion rate for participants of not
less than 60 percent; or
(B) an apprenticeship program not registered with
the Department of Labor as of the date of enactment of
this Act, but that the Secretary determines should be
eligible for a grant under section 5.
(2) Board.--The term ``Board'' means the National Center of
Excellence for the 21st Century Workforce Advisory Board
established under section 4(a).
(3) Community college.--The term ``community college''
means a junior or community college (as defined in section
312(f) of the Higher Education Act of 1965 (20 U.S.C.
1058(f))).
(4) Program.--The term ``program'' means the pilot program
established under section 5(a).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(6) Veterans service organization.--The term ``veterans
service organization'' means an organization recognized by the
Secretary of Veterans Affairs for the representation of
veterans under section 5902 of title 38, United States Code.
SEC. 4. NATIONAL CENTER OF EXCELLENCE FOR THE 21ST CENTURY WORKFORCE.
(a) In General.--The Secretary shall establish a nationwide
advisory board, to be known as the ``National Center of Excellence for
the 21st Century Workforce Advisory Board'', to foster strategic
vision, guidance, and networks for the energy industry.
(b) Representatives.--The members of the Board shall consist of
energy sector stakeholders, including--
(1) representatives of relevant industries;
(2) experts in labor, economics, and workforce development;
(3) representatives of States and units of local
government;
(4) representatives of elementary and secondary education
and postsecondary education; and
(5) representatives of labor organizations.
(c) Purposes.--The purposes of the Board are--
(1) to support and develop training and science education
programs that--
(A) meet the industry and labor needs of the energy
sector; and
(B) provide opportunities for students to become
qualified for placement in traditional and clean energy
sector jobs;
(2) to align apprenticeship programs and industry
certifications to further develop succession planning in the
energy sector;
(3) to integrate educational standards to develop
foundational skills for elementary and secondary education and
postsecondary education to create a pipeline between education
and career; and
(4) to support the replication of existing model energy
curricula.
SEC. 5. ENERGY WORKFORCE PILOT GRANT PROGRAM.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary, in consultation with the Secretary of Labor
and the Secretary of Education, shall establish a pilot program to
award grants on a competitive basis to eligible entities for job
training to obtain an industry-recognized credential.
(b) Eligibility.--To be eligible to receive a grant under this
section, an entity shall be a public or nonprofit organization that--
(1) includes an advisory board of proportional
participation, as determined by the Secretary, of relevant
organizations, including--
(A) relevant energy industry organizations,
including public and private employers;
(B) labor organizations; and
(C) elementary and secondary education and
postsecondary education organizations;
(2) demonstrates experience in implementing and operating
job training and education programs;
(3) demonstrates the ability to recruit and support
individuals who plan to work in the energy industry in the
successful completion of relevant job training and education
programs; and
(4) provides students who complete the job training and
education program with an industry-recognized credential.
(c) Applications.--Eligible entities desiring a grant under this
section shall submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary may
require.
(d) Priority.--In selecting eligible entities to receive grants
under this section, the Secretary shall prioritize applicants that--
(1) house the job training and education programs in--
(A) a community college or institution of higher
education that includes basic science and math
education in the curriculum of the community college,
institution of higher education; or
(B) an apprenticeship program, and with respect to
such apprenticeship programs described in section
3(1)(B), the Secretary shall further prioritize such
programs that can demonstrate to the Secretary a
completion rate for participants of not less than 60
percent;
(2) work with the Secretary of Defense or veterans
organizations to transition members of the Armed Forces and
veterans to careers in the energy sector;
(3) apply as a State or regional consortia to leverage best
practices already available in the State or region in which the
community college or institution of higher education is
located;
(4) have a State-supported entity included in the
application;
(5) include an apprenticeship program as part of the job
training and education program;
(6) develop a mentorship program for energy professionals
and elementary and secondary education students;
(7) provide support services and career coaching;
(8) provide introductory energy workforce development
training; or
(9) provide industry-affiliated pre-apprenticeship
programs, including intensive skill-building programs and
intensive short-term programs.
(e) Additional Consideration.--In making grants under this section,
the Secretary shall consider regional diversity.
(f) Limitation on Applications.--An eligible entity may not submit,
either individually or as part of a joint application, more than 1
application for a grant under this section during any 1 fiscal year.
(g) Limitations on Amount of Grant.--The amount of a grant for any
1 year shall not exceed $1,000,000.
(h) Costs.--
(1) Federal share.--The Federal share of the cost of a job
training and education program carried out using a grant under
this section shall be not greater than 65 percent.
(2) Non-federal share.--
(A) In general.--The non-Federal share of the cost
of a job training and education program carried out
using a grant under this section shall consist of not
less than 50 percent cash.
(B) Limitation.--Not greater than 50 percent of the
non-Federal contribution of the total cost of a job
training and education program carried out using a
grant under this section shall be in the form of in-
kind contributions of goods or services fairly valued.
(i) Reduction of Duplication.--Prior to submitting an application
for a grant under this section, each applicant shall consult with the
applicable agencies of the Federal Government and coordinate the
proposed activities of the applicant with existing State and local
programs.
(j) Technical Assistance.--The Secretary shall provide technical
assistance and capacity building to national and State energy
partnerships, including the entities described in subsection (b)(1), to
leverage the existing job training and education programs of the
Department of Energy.
(k) Report.--The Secretary shall submit to Congress and make
publicly available on the website of the Department of Energy an annual
report on the program established under this section, including a
description of--
(1) the entities receiving grants;
(2) the activities carried out using the grants;
(3) best practices used to leverage the investment of the
Federal Government;
(4) the rate of employment for participants after
completing a job training and education program carried out
using a grant; and
(5) an assessment of the results achieved by the program.
(l) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2017 through 2020. | 21st Century Energy Workforce Act This bill directs the Department of Energy (DOE) to establish a National Center of Excellence for the 21st Century Workforce Advisory Board to: (1) support and develop training and science education programs, (2) align apprenticeship programs and industry certifications to further develop succession planning in the energy sector, (3) integrate educational standards to develop foundational skills for elementary and secondary education and postsecondary education to create a pipeline between education and career, and (4) support the replication of existing model energy curricula. DOE shall also establish a pilot program to award grants on a competitive basis to eligible entities for job training to obtain an industry-recognized credential. Grant amounts are limited to $1 million for any one year. The federal share of the cost of a job training and education program using a grant shall be up to 65%, while the non-federal share may not be less than 50% cash. | {"src": "billsum_train", "title": "21st Century Energy Workforce Act"} | 1,790 | 201 | 0.569805 | 1.580971 | 0.843473 | 4.917582 | 9.32967 | 0.917582 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community College Emergency
Stabilization Fund Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Since October 2007, the national unemployment rate has
increased from 4.8 percent to 10.2 percent.
(2) There are nearly 1,200 community colleges in the United
States, educating over 11,700,000 students.
(3) Community colleges provide access to affordable,
quality education, and training opportunities.
(4) Over the past year enrollment has increased at
unprecedented levels at community colleges across the country.
(5) Over the past year community colleges have either had
to forestall hiring new staff or reduce staff because of budget
shortfalls despite increased demand.
(6) Due to increased enrollment and insufficient staffing,
many individuals are not able to access the training they need
to re-enter the workforce.
SEC. 3. EMERGENCY FUNDING FOR COMMUNITY COLLEGES.
(a) In General.--From the amounts appropriated under section 7 to
carry out this section for a fiscal year, the Secretary of Education
shall provide temporary emergency funding to States for such fiscal
year in accordance with the formula described in subsection (b) to
assist community colleges in maintaining, or hiring additional, faculty
and staff.
(b) Formula.--Of the amount appropriated under section 7--
(1) 66\2/3\ percent shall be allotted on the basis of the
relative increase in unemployed individuals in each State
compared to the total increase in unemployed individuals in all
States; and
(2) 33\1/3\ percent shall be allotted on the basis of the
relative excess number of unemployed individuals in each State,
compared to the total excess number of unemployed individuals
in all States.
(c) Maintenance of Effort.--
(1) In general.--Each State shall maintain State support
for community colleges in the State at least at the level of
such support for the fiscal year immediately preceding the
first fiscal year the State received funds under this section.
(2) Waiver.--The Secretary may waive the requirements of
this paragraph (1), if the Secretary determines that a waiver
would be equitable due to exceptional or uncontrollable
circumstances, such as a natural disaster or an unforeseen and
precipitous decline in the financial resources of the State.
(d) Supplement, Not Supplant.--Funds made available under this
section shall be used to supplement, and not supplant, other Federal
and State funds that would otherwise be expended for assisting
community colleges in maintaining, or hiring additional, faculty and
staff.
(e) Grants to Community Colleges.--
(1) In general.--Not later than 120 days after receiving
funds under this section, each State shall use such funds to
award grants, on a competitive basis, to community colleges
located in the State to assist such colleges in maintaining
current staff, or hiring additional, faculty and staff.
(2) Grant amount.--In determining the amount of a grant to
award to a community college under this section, a State shall
take into account--
(A) the total number of students enrolled at the
college;
(B) the increase in the number of students enrolled
at the college relative to the preceding academic year;
and
(C) the most recent monthly unemployment rate of
the local area, as determined by the Secretary (in
consultation with the Secretary of Labor), in which the
college is located.
(3) Application.--A community college desiring to receive a
grant under this section shall submit an application to the
State at such time, in such manner, and containing such
information as the State may require, which shall include, at a
minimum, information with respect to--
(A) the total number of students enrolled at the
college; and
(B) the increase in the number of students enrolled
at the college relative to the preceding academic year.
(f) Reports by States.--Each State shall, not later than 12 months
after the date of the enactment of this Act, and annually thereafter
for each fiscal year in which the State expends funds received under
this section, submit to the Secretary a report that includes--
(1) a list of the community colleges that have received
assistance from the funds;
(2) the number of students served at such community
colleges as a result of such assistance;
(3) the number of faculty and staff maintained or hired at
such community colleges as a result of such assistance; and
(4) the amount of State support for community colleges in
the State for the--
(A) fiscal year immediately preceding the first
fiscal year the State received funds under this
section; and
(B) most recent fiscal year in which the State
expended funds received under this section.
(g) Report by the Secretary.--The Secretary shall submit to the
authorizing committees an annual report that includes the information
described in subsection (f).
SEC. 4. GRANTS TO CAREER AND TECHNICAL COLLEGES.
(a) In General.--From the amounts appropriated under section 7 to
carry out this section, the Secretary shall award grants, on a
competitive basis, to career and technical colleges located in any
State to assist such colleges in maintaining, or hiring additional,
faculty and staff.
(b) Grant Amount.--In determining the amount of a grant to award to
a career and technical college under this section, the Secretary shall
take into account--
(1) the total number of students enrolled at the college;
(2) the increase in the number of students enrolled at the
college relative to the preceding academic year; and
(3) the most recent monthly unemployment rate of the local
area, as determined by the Secretary (in consultation with the
Secretary of Labor), in which the college is located.
(c) Application.--A career and technical college desiring to
receive a grant under this section shall submit an application to the
Secretary at such time, in such manner, and containing such information
as the Secretary may require, which shall include, at a minimum,
information with respect to--
(1) the total number of students enrolled at the college;
and
(2) the increase in the number of students enrolled at the
college relative to the preceding academic year.
SEC. 5. USES OF FUNDS.
Each community college and career and technical college receiving a
grant under this Act shall use the grant funds within 18 months of
receipt of such funds to cover costs related to maintaining, or hiring
additional, faculty and staff, including--
(1) faculty;
(2) counselors; and
(3) other staff to assist students in training to enter the
workforce, as defined by the Secretary.
SEC. 6. GAO REPORT.
(a) Evaluation.--The Comptroller General of the United States shall
conduct an evaluation of the grant programs carried out under sections
3 and 4, which shall include an evaluation of--
(1) the criteria the State or the Secretary used in
awarding grants to community colleges and career and technical
colleges;
(2) the grant amounts awarded to community colleges and
career and technical colleges;
(3) the number of students served at such colleges as a
result of such assistance;
(4) the number of faculty and staff maintained or hired at
such colleges as a result of such assistance; and
(5) the amount of State support for community colleges in
each State for the--
(A) fiscal year immediately preceding the first
fiscal year the State received funds under this
section; and
(B) most recent fiscal year in which the State
expended funds received under this section.
(b) Report.--Not later than 12 months after the date of the
enactment of this Act, the Comptroller General of the United States
shall report the results of the evaluation conducted under subsection
(a) to the authorizing committees.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS; LIMITATION ON AUTHORITY.
(a) Authorization of Appropriations.--There are authorized to be
appropriated $750,000,000 to carry out this Act, of which $50,000,000
shall be made available to carry out section 4.
(b) Limitation on Authority.--Any new spending authority or new
authority to enter into contracts provided by this Act and under which
the United States is obligated to make outlays shall be effective only
to the extent, and in such amounts, as are provided in advance in
appropriations Acts.
SEC. 8. DEFINITIONS.
In this Act:
(1) Authorizing committees.--The term ``authorizing
committees'' has the meaning given such term in section 103(1)
of the Higher Education Act of 1965 (20 U.S.C. 1003(1)).
(2) Community college.--The term ``community college''
means a public institution of higher education at which the
highest degree that is predominantly awarded to students is an
associate's degree.
(3) Increased unemployment.--The term ``increase in
unemployed individuals'' means the increase in the number of
unemployed individuals over the most recent 12-month period for
which data are available.
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(5) Excess unemployment.--The term ``excess unemployment''
means the number of unemployed individuals in excess of the
national unemployment rate.
(6) Freely associated states.--The term ``Freely Associated
States'' means the Republic of the Marshall Islands, the
Federated States of Micronesia, and the Republic of Palau.
(7) National unemployment rate.--The term ``national
unemployment rate'' means the most recent national unemployment
rate published by the Bureau of Labor Statistics of the
Department of Labor.
(8) State.--The term ``State'' includes, in addition to the
several States of the United States, the Commonwealth of Puerto
Rico, the District of Columbia, Guam, American Samoa, the
United States Virgin Islands, the Commonwealth of the Northern
Mariana Islands, and the Freely Associated States.
(9) Career and technical college.--
(A) Definition.--The term ``career and technical
college''--
(i) has the meaning given the term ``area
career and technical school'' in section 3(3)
of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2302(3)); and
(ii) means a private institution of higher
education at which the highest degree that is
predominantly awarded to students is an
associate's degree.
(B) Location of colleges.--Such term shall only
include career and technical colleges (as defined in
subparagraph A) located in a State. | Community College Emergency Stabilization Fund Act - Directs the Secretary of Education to provide temporary emergency funding to states for use in awarding competitive grants to community colleges to assist them in maintaining, or hiring additional, staff.
Allots such funding to states pursuant to a formula that takes into account each state's share of increased unemployment over the past 12 months and the extent to which its unemployment rate exceeds the national average.
Directs the Secretary to award competitive grants to career and technical colleges to assist them in maintaining, or hiring additional, staff.
Requires the states and the Secretary, when determining the amount of a grant to be awarded to a community college or career and technical college pursuant to this Act, to consider: (1) its student enrollment; (2) the increase in its enrollment over the preceding academic year; and (3) the most recent monthly unemployment rate in its locality.
Requires the Comptroller General to conduct an evaluation this Act's grant programs and report its results to Congress. | {"src": "billsum_train", "title": "To create jobs through the hiring of new faculty and counselors at community colleges."} | 2,302 | 215 | 0.581815 | 1.631166 | 0.93267 | 3.179487 | 11.153846 | 0.882051 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Windfall Profits and Consumer
Assistance Act of 2005''.
SEC. 2. WINDFALL PROFITS TAX.
(a) In General.--Subtitle E of the Internal Revenue Code of 1986
(relating to alcohol, tobacco, and certain other excise taxes) is
amended by adding at the end thereof the following new chapter:
``CHAPTER 56--WINDFALL PROFITS ON CRUDE OIL
``Sec. 5896. Imposition of tax.
``Sec. 5897. Windfall profit; removal price; adjusted base price;
qualified investment.
``Sec. 5898. Special rules and definitions.
``SEC. 5896. IMPOSITION OF TAX.
``(a) In General.--In addition to any other tax imposed under this
title, there is hereby imposed on any producer of crude oil an excise
tax equal to the excess of--
``(1) the amount equal to 50 percent of the windfall profit
from all barrels of taxable crude oil removed from the property
during each taxable year, over
``(2) the amount of qualified investment by such producer
during such taxable year.
``(b) Fractional Part of Barrel.--In the case of a fraction of a
barrel, the tax imposed by subsection (a) shall be the same fraction of
the amount of such tax imposed on the whole barrel.
``(c) Tax Paid by Producer.--The tax imposed by this section shall
be paid by the producer of the taxable crude oil.
``SEC. 5897. WINDFALL PROFIT; REMOVAL PRICE; ADJUSTED BASE PRICE;
QUALIFIED INVESTMENT.
``(a) General Rule.--For purposes of this chapter, the term
`windfall profit' means the excess of the removal price of the barrel
of taxable crude oil over the adjusted base price of such barrel.
``(b) Removal Price.--For purposes of this chapter--
``(1) In general.--Except as otherwise provided in this
subsection, the term `removal price' means the amount for which
the barrel of taxable crude oil is sold.
``(2) Sales between related persons.--In the case of a sale
between related persons, the removal price shall not be less
than the constructive sales price for purposes of determining
gross income from the property under section 613.
``(3) Oil removed from property before sale.--If crude oil
is removed from the property before it is sold, the removal
price shall be the constructive sales price for purposes of
determining gross income from the property under section 613.
``(4) Refining begun on property.--If the manufacture or
conversion of crude oil into refined products begins before
such oil is removed from the property--
``(A) such oil shall be treated as removed on the
day such manufacture or conversion begins, and
``(B) the removal price shall be the constructive
sales price for purposes of determining gross income
from the property under section 613.
``(5) Property.--The term `property' has the meaning given
such term by section 614.
``(c) Adjusted Base Price Defined.--
``(1) In general.--For purposes of this chapter, the term
`adjusted base price' means $40 for each barrel of taxable
crude oil plus an amount equal to--
``(A) such base price, multiplied by
``(B) the inflation adjustment for the calendar
year in which the taxable crude oil is removed from the
property.
The amount determined under the preceding sentence shall be
rounded to the nearest cent.
``(2) Inflation adjustment.--
``(A) In general.--For purposes of paragraph (1),
the inflation adjustment for any calendar year after
2006 is the percentage by which--
``(i) the implicit price deflator for the
gross national product for the preceding
calendar year, exceeds
``(ii) such deflator for the calendar year
ending December 31, 2005.
``(B) First revision of price deflator used.--For
purposes of subparagraph (A), the first revision of the
price deflator shall be used.
``(d) Qualified Investment.--For purposes of this chapter--
``(1) In general.--The term `qualified investment' means
any amount paid or incurred with respect to--
``(A) section 263(c) costs,
``(B) qualified refinery property (as defined in
section 179C(c) and determined without regard to any
termination date),
``(C) any qualified facility described in paragraph
(1), (2), (3), or (4) of section 45(d) (determined
without regard to any placed in service date),
``(D) any facility for the production of alcohol
used as a fuel (within the meaning of section 40) or
biodiesel or agri-biodiesel used as a fuel (within the
meaning of section 40A).
``(2) Section 263(c) costs.--For purposes of this
subsection, the term `section 263(c) costs' means intangible
drilling and development costs incurred by the taxpayer which
(by reason of an election under section 263(c)) may be deducted
as expenses for purposes of this title (other than this
paragraph). Such term shall not include costs incurred in
drilling a nonproductive well.
``SEC. 5898. SPECIAL RULES AND DEFINITIONS.
``(a) Withholding and Deposit of Tax.--The Secretary shall provide
such rules as are necessary for the withholding and deposit of the tax
imposed under section 5896 on any taxable crude oil.
``(b) Records and Information.--Each taxpayer liable for tax under
section 5896 shall keep such records, make such returns, and furnish
such information (to the Secretary and to other persons having an
interest in the taxable crude oil) with respect to such oil as the
Secretary may by regulations prescribe.
``(c) Return of Windfall Profit Tax.--The Secretary shall provide
for the filing and the time of such filing of the return of the tax
imposed under section 5896.
``(d) Definitions.--For purposes of this chapter--
``(1) Producer.--The term `producer' means the holder of
the economic interest with respect to the crude oil.
``(2) Crude oil.--
``(A) In general.--The term `crude oil' includes
crude oil condensates and natural gasoline.
``(B) Exclusion of newly discovered oil.--Such term
shall not include any oil produced from a well drilled
after the date of the enactment of the `Windfall
Profits and Consumer Assistance Act of 2005', except
with respect to any oil produced from a well drilled
after such date on any proven oil or gas property
(within the meaning of section 613A(c)(9)(A)).
``(3) Barrel.--The term `barrel' means 42 United States
gallons.
``(e) Adjustment of Removal Price.--In determining the removal
price of oil from a property in the case of any transaction, the
Secretary may adjust the removal price to reflect clearly the fair
market value of oil removed.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
chapter.
``(g) Termination.--This section shall not apply to taxable crude
oil removed after the date which is 3 years after the date of the
enactment of this section.''.
(b) Clerical Amendment.--The table of chapters for subtitle E of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new item:
``Chapter 56. Windfall profit on crude oil''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to crude oil removed after the date of the enactment of
this Act, in taxable years ending after such date.
(2) Transitional rules.--For the period ending December 31,
2005, the Secretary of the Treasury or the Secretary's delegate
shall prescribe rules relating to the administration of chapter
56 of the Internal Revenue Code of 1986. To the extent provided
in such rules, such rules shall supplement or supplant for such
period the administrative provisions contained in chapter 56 of
such Code (or in so much of subtitle F of such Code as relates
to such chapter 56).
SEC. 3. CONSUMER ENERGY ASSISTANCE TRUST FUND.
(a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 (relating to establishment of trust funds) is amended by
adding at the end the following new section:
``SEC. 9511. CONSUMER ENERGY ASSISTANCE TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Consumer Energy
Assistance Trust Fund', consisting of such amounts as may be
appropriated or credited to such fund as provided in this section or
section 9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Consumer Energy Assistance Trust Fund amounts equivalent to the
taxes received in the Treasury under chapter 56.
``(c) Expenditures.--Amounts in the Consumer Energy Assistance
Trust Fund shall be available for making expenditures to carry out the
Low-Income Home Energy Assistance Act of 1981 (as in effect on the date
of the enactment of this section).''.
(b) Clerical Amendment.--The table of sections for subchapter A of
chapter 98 of such Code is amended by adding at the end the following
new item:
``Sec. 9511. Consumer Energy Assistance Trust Fund.''.
SEC. 4. ENERGY CONSUMER REBATE.
(a) In General.--Subchapter B of chapter 65 of the Internal Revenue
Code of 1986 (relating to rules of special application in the case of
abatements, credits, and refunds) is amended by adding at the end the
following new section:
``SEC. 6430. ENERGY CONSUMER REBATE.
``(a) General Rule.--Except as otherwise provided in this section,
each individual shall be treated as having made a payment against the
tax imposed by chapter 1 for each taxable year beginning after December
31, 2005, in an amount equal to the lesser of--
``(1) the amount of the taxpayer's liability for tax for
such taxpayer's preceding taxable year, or
``(2) the applicable amount.
``(b) Liability for Tax.--For purposes of this section, the
liability for tax for any taxable year shall be the excess (if any)
of--
``(1) the sum of--
``(A) the taxpayer's regular tax liability (within
the meaning of section 26(b)) for the taxable year,
``(B) the tax imposed by section 55(a) with respect
to such taxpayer for the taxable year, and
``(C) the taxpayer's social security taxes (within
the meaning of section 24(d)(2)) for the taxable year,
over
``(2) the sum of the credits allowable under part IV of
subchapter A of chapter 1 (other than the credits allowable
under subpart C thereof, relating to refundable credits) for
the taxable year.
``(c) Applicable Amount.--For purposes of this section, the
applicable amount for any taxpayer shall be determined by the Secretary
not later than the date specified in subsection (d)(1) taking into
account the number of such taxpayers and the amount of revenues in the
Treasury (reduced by the amount appropriated to the Consumer Energy
Assistance Trust Fund under section 9511) resulting from the tax
imposed by chapter 56 for the calendar year preceding the taxable year.
``(d) Date Payment Deemed Made.--
``(1) In general.--The payment provided by this section
shall be deemed made on February 1 of the calendar year ending
with or within the taxable year.
``(2) Remittance of payment.--The Secretary shall remit to
each taxpayer the payment described in paragraph (1) not later
that the date which is 30 days after the date specified in
paragraph (1).
``(e) Certain Persons not Eligible.--This section shall not apply
to--
``(1) any individual with respect to whom a deduction under
section 151 is allowable to another taxpayer for a taxable year
beginning in the calendar year in which such individual's
taxable year begins,
``(2) any estate or trust, or
``(3) any nonresident alien individual.''.
(b) Conforming Amendment.--Section 1324(b)(2) of title 31, United
States Code, is amended by inserting before the period ``, or enacted
by the Windfall Profits and Consumer Assistance Act of 2005''.
(c) Clerical Amendment.--The table of sections for subchapter B of
chapter 65 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new item:
``Sec. 6430. Energy consumer rebate.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act. | Windfall Profits and Consumer Assistance Act of 2005 - Amends the Internal Revenue Code to impose upon producers of crude oil an excise tax of 50 percent of their net windfall profit from the production of taxable crude oil in a taxable year. Defines "windfall profit" as the excess of the removal price (sales price) of a barrel of taxable crude oil over the adjusted base price of such barrel (i.e., $40 per barrel, adjusted for inflation). Terminates such tax three years after the enactment of this Act.
Establishes in the Treasury the Consumer Energy Assistance Trust Fund. Transfers to such Fund windfall profit tax revenues and makes amounts in such Fund available to carry out the Low-Income Home Energy Assistance Act of 1981.
Grants to taxpayers an income tax rebate in an amount to be determined by the Secretary of the Treasury based upon the number of taxpayers and available windfall profit tax revenues (reduced by amounts appropriated to such Fund). | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to impose a temporary windfall profit tax on crude oil, to establish the Consumer Energy Assistance Trust Fund, and to provide for a rebate to energy consumers."} | 3,056 | 218 | 0.625579 | 1.667706 | 0.815402 | 3.240437 | 14.595628 | 0.901639 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Caribbean Coral Reef Protection
Act''.
SEC. 2. STATEMENT OF POLICY.
It shall be the policy of the United States to--
(1) undertake the necessary measures to deny the Government
of Cuba, the Cuban Communist Party, or any agent or
instrumentality of either, the financial resources to engage in
activities that threaten--
(A) United States national security, its interests,
and its allies;
(B) Florida's marine environment, including the
third largest coral reef tract in the world;
(C) the environment and natural resources of the
submerged lands located off Cuba's coast; and
(D) to prolong the dictatorship that oppresses the
Cuban people; and
(2) deter foreign investments that would enhance the
ability of the Government of Cuba, or any agent or
instrumentality thereof, to develop its petroleum resources.
SEC. 3. EXCLUSION OF CERTAIN ALIENS.
(a) In General.--The Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 (22 U.S.C. 6021 et seq.) is amended by inserting
after section 401 the following new section:
``SEC. 402. EXCLUSION FROM THE UNITED STATES OF ALIENS WHO CONTRIBUTE
TO THE ABILITY OF CUBA TO DEVELOP PETROLEUM RESOURCES
LOCATED OFF CUBA'S COAST.
``(a) In General.--The Secretary of State shall deny a visa to, and
the Secretary of Homeland Security shall exclude from the United
States, any alien who the Secretary of State determines is a person
who--
``(1) is an officer or principal of an entity, or a
shareholder who owns a controlling interest in an entity, that,
on or after January 10, 2005, has made or makes an investment
that equals or exceeds $1,000,000 (or any combination of
investments that in the aggregate equals or exceeds $1,000,000
in any 12-month period), that contributes to the enhancement of
the ability of the Government of Cuba, or any agent or
instrumentality thereof, to develop petroleum resources of the
submerged lands located off Cuba's coast; or
``(2) is a spouse, minor child, or agent of a person
described in paragraph (1).
``(b) Waiver.--The Secretary of State may waive the application of
subsection (a) if the Secretary certifies and reports to the
appropriate congressional committees, on a case-by-case basis, that the
admission to the United States of a person described in subsection
(a)--
``(1) is necessary for critical medical reasons or for
purposes of litigation of an action under title III of this
Act; or
``(2) is appropriate if the requirements of sections 204,
205, and 206 of this Act have been satisfied.
``(c) Definitions.--In this section:
``(1) Agent and instrumentality.--The terms `agent' and
`instrumentality' shall include the Cuban Communist Party.
``(2) Develop.--The term `develop', with respect to
petroleum resources, means the exploration for, or the
extraction, refining, or transportation by pipeline or other
means of, petroleum resources.
``(3) Investment.--The term `investment' means any of the
following activities if such activity is undertaken pursuant to
an agreement, or pursuant to the exercise of rights under such
an agreement, that was or is entered into with the Government
of Cuba (or any agency or instrumentality thereof) or a
nongovernmental entity in Cuba, on or after January 10, 2005:
``(A) The entry into a contract that includes
responsibility for the development of petroleum
resources of the submerged lands located off Cuba's
coast, or the entry into a contract providing for the
general supervision and guarantee of another person's
performance of such a contract.
``(B) The purchase of a share of ownership,
including an equity interest, in such development.
``(C) The entry into a contract providing for the
participation in royalties, earnings, or profits in
such development, without regard to the form of the
participation.
``(D) The entry into, performance, or financing of
a contract to sell or purchase goods, services, or
technology related to such development.
``(4) Petroleum resources.--The term `petroleum resources'
includes petroleum and natural gas resources, petroleum by
products, and liquified natural gas.''.
(b) Effective Date.--The amendment made by this section shall apply
to aliens seeking admission to the United States on or after the date
of the enactment of this Act.
SEC. 4. IMPOSITION OF SANCTIONS AND PROHIBITION ON FACILITATION OF
DEVELOPMENT OF CUBA'S PETROLEUM RESOURCES.
(a) In General.--If the President determines that a person has, on
or after January 10, 2005, made an investment that equals or exceeds
$1,000,000 (or any combination of investments that in the aggregate
equals or exceeds $1,000,000 in any 12-month period) that contributes
to the enhancement of the ability of the Government of Cuba, or any
agent or instrumentality thereof, to develop petroleum resources of the
submerged lands located off Cuba's coast, or has made an investment of
any amount of money that contributes to such an enhancement and has
trafficked in confiscated United States property, the President shall
impose two or more of the following sanctions:
(1) Prohibition on loans and guarantees.--Prohibit the
issuance by the Overseas Private Investment Corporation, the
Export-Import Bank, or any other United States instrument of
any loan, guarantee, insurance, extension of credit, or
participation in the extension of credit in connection with the
export of any goods or services to any sanctioned person.
(2) Export sanction.--Prohibit the issuance by the United
States Government of any specific license and or other specific
permission or authority to export any goods or technology to a
sanctioned person under--
(A) the Export Administration Act of 1979;
(B) the Arms Export Control Act;
(C) the Atomic Energy Act of 1954; or
(D) any other statute that requires the prior
review and approval of the United States Government as
a condition for the export or reexport of goods or
services.
(3) Prohibitions on financial institutions.--The following
prohibitions may be imposed against a sanctioned person that is
a financial institution:
(A) Prohibition on designation as primary dealer.--
Prohibit the Board of Governors of the Federal Reserve
System and the Federal Reserve Bank of New York from
designating, or permitting the continuation of any
prior designation of, such financial institution as a
primary dealer in United States Government debt
instruments.
(B) Prohibition on service as a repository of
government funds.--Prohibit such financial institution
from serving as agent of the United States Government
or serving as repository for United States Government
funds.
The imposition of either sanction under subparagraph (A) or (B)
shall be treated as one sanction for purposes of this section,
and the imposition of both such sanctions shall be treated as
two sanctions for purposes of this section.
(5) Procurement sanction.--Prohibit the United States
Government from procuring, or entering into any contract for
the procurement of, any goods or services from a sanctioned
person.
(b) Termination of Sanctions.--Sanctions imposed pursuant to
subsection (a) shall terminate if the President determines and
certifies to the appropriate congressional committees that the
requirements of sections 204, 205, and 206 of the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6064, 6065, and
6066) have been satisfied.
(c) Prohibition on Facilitation by United States Persons of Cuba's
Ability to Develop Petroleum Resources.--It shall be unlawful for any
United States person to provide materials, technical equipment, or
other assistance that contributes to the enhancement of Cuba's ability
to develop petroleum resources of the submerged lands located off
Cuba's coast.
(d) Reports by Secretary of State.--Not later than 180 days after
the date of the enactment of this Act and every 180 days thereafter,
the Secretary of State shall submit to the Committee on Foreign Affairs
and the Committee on Appropriations of the House of Representatives and
the Committee on Foreign Relations and the Committee on Appropriations
of the Senate a report relating to--
(1) investments that equal or exceed $1,000,000 (or any
combination of investments that in the aggregate equals or
exceeds $1,000,000 in any 12-month period) that contribute to
the enhancement of the ability of the Government of Cuba, or
any agent or instrumentality thereof, to develop petroleum
resources of the submerged lands located off Cuba's coast,
including information relating to the values of such
investments, the identity of the persons making such
investments, and proposed investments that would satisfy such
criteria, and information relating to any sanctions that have
been imposed pursuant to subsection (a) as a result of such
investments; and
(2) investments of any amount of money, in conjunction with
trafficking in confiscated United States property, that
contribute to such an enhancement, including information
relating to the values of such investments, the identity of the
persons making such investments, and the identity of such
confiscated property, and information relating to any sanctions
that have been imposed pursuant to subsection (a) as a result
of such investments.
(e) Assessments of Environmental Impacts of Development of Cuba's
Petroleum Resources.--
(1) In general.--Not later than one year after the date of
the enactment of this Act and annually thereafter, the
Secretary of State, in consultation with the Secretary of the
Interior and the Administrator of the Environmental Protection
Agency, shall submit to the Committee on Foreign Affairs and
the Committee on Natural Resources of the House of
Representatives and the Committee on Foreign Relations and the
Committee on Energy and Natural Resources of the Senate a
report containing an assessment of the impact that the
development of Cuba's petroleum resources has had on the
environment and natural resources of the submerged lands
located off Cuba's coast and Florida's marine environment.
(2) Use of environmental impact statements.--In preparing
the assessment, the Secretary of State shall use as a model
environmental impact statements prepared pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
SEC. 5. DEFINITIONS.
In this Act--
(1) the terms ``appropriate congressional committees'',
``confiscated'', ``person'', ``property'', and ``traffics''
have the meaning given such terms in section 4 of the Cuban
Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22
U.S.C. 6023), except that the term ``person'' shall also
include, for purposes of this section, a foreign subsidiary of
a person;
(2) the terms ``develop'', ``investment'', and ``petroleum
resources'' have the meaning given such terms in section 402(c)
of such Act, as added by section 3 of this Act; and
(3) the terms ``agent'' and ``instrumentality'' shall
include the Cuban Communist Party. | Caribbean Coral Reef Protection Act -States that it shall be U.S. policy to: (1) undertake measures to deny the government of Cuba, the Cuban Communist Party, or any of their instrumentalities the financial resources to engage in activities that threaten U.S. national security and other interests, threaten Cuba's environment and natural resources and Florida's marine environment, and prolong the dictatorship that oppresses the Cuban people; and (2) deter foreign investments that would enhance the Cuban regime's ability to develop its petroleum resources.
Amends the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 to exclude from U.S. entry an alien who: (1) is an officer or principal of an entity, or a shareholder who owns a controlling interest in an entity that makes an investment (as defined by this Act) of $1 million or more (or any combination of investments that equals or exceeds $1 million in any 12-month period), that significantly contributes to Cuba's ability to develop petroleum resources off its submerged lands; or (2) is a spouse, minor child, or agent of such person.
Exempts on a case-by-case basis entries: (1) for medical reasons or property-related litigation; or (2) where a transition government is in place.
Defines "investment" and "petroleum resources" for purposes of this Act.
Directs the President to impose two or more specified export, procurement, financial institution, loan, or Export-Import Bank sanctions if the President determines that a person has made an investment of $1 million or more (or any combination of investments that in the aggregate equals or exceeds $1 million in any 12-month period) that contributes to the enhancement of Cuba's ability to develop petroleum resources off its submerged lands or has made an investment of any amount of money that contributes to such an enhancement and has trafficked in confiscated U.S. property.
Makes it illegal for a U.S. person to facilitate Cuba's ability to develop petroleum resources off its submerged lands.
Directs the Secretary of State to report annually respecting the impact of the development of Cuba's petroleum resources on the environment and natural resources of Cuba's submerged lands and Florida's marine environment. | {"src": "billsum_train", "title": "To protect the environmental integrity of coral reefs and other coastal marine resources from exploration, development, and production activities for petroleum resources located in a maritime exclusive economic zone of the United States that is contiguous to a foreign exclusive economic zone."} | 2,532 | 494 | 0.758234 | 2.698164 | 0.867727 | 4.930233 | 5.32093 | 0.92093 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeowners' Assistance Act of
2007''.
SEC. 2. TAX-FAVORED WITHDRAWALS FROM RETIREMENT PLANS FOR MORTGAGE
RELIEF.
(a) In General.--Section 72(t) of the Internal Revenue Code of 1986
shall not apply to any qualified mortgage relief distribution.
(b) Aggregate Dollar Limitation.--
(1) In general.--For purposes of this section, the
aggregate amount of distributions received by an individual
which may be treated as qualified mortgage relief distributions
for any taxable year shall not exceed the excess (if any) of--
(A) $25,000, over
(B) the aggregate amounts treated as qualified
mortgage relief distributions received by such
individual for all prior taxable years.
(2) Treatment of plan distributions.--If a distribution to
an individual would (without regard to paragraph (1)) be a
qualified mortgage relief distribution, a plan shall not be
treated as violating any requirement of the Internal Revenue
Code of 1986 merely because the plan treats such distribution
as a qualified mortgage relief distribution, unless the
aggregate amount of such distributions from all plans
maintained by the employer (and any member of any controlled
group which includes the employer) to such individual exceeds
$25,000.
(3) Controlled group.--For purposes of paragraph (2), the
term ``controlled group'' means any group treated as a single
employer under subsection (b), (c), (m), or (o) of section 414
of such Code.
(c) Amount Distributed May Be Repaid.--
(1) In general.--Any individual who receives a qualified
mortgage relief distribution may, at any time during the 5-year
period beginning on the day after the date on which such
distribution was received, make one or more contributions in an
aggregate amount not to exceed the amount of such distribution
to an eligible retirement plan of which such individual is a
beneficiary and to which a rollover contribution of such
distribution could be made under section 402(c), 403(a)(4),
403(b)(8), 408(d)(3), or 457(e)(16) of the Internal Revenue
Code of 1986, as the case may be.
(2) Treatment of repayments of distributions from eligible
retirement plans other than iras.--For purposes of such Code,
if a contribution is made pursuant to paragraph (1) with
respect to a qualified mortgage relief distribution from an
eligible retirement plan other than an individual retirement
plan, then the taxpayer shall, to the extent of the amount of
the contribution, be treated as having received the qualified
mortgage relief distribution in an eligible rollover
distribution (as defined in section 402(c)(4) of such Code) and
as having transferred the amount to the eligible retirement
plan in a direct trustee to trustee transfer within 60 days of
the distribution.
(3) Treatment of repayments for distributions from iras.--
For purposes of such Code, if a contribution is made pursuant
to paragraph (1) with respect to a qualified mortgage relief
distribution from an individual retirement plan (as defined by
section 7701(a)(37) of such Code), then, to the extent of the
amount of the contribution, the qualified mortgage relief
distribution shall be treated as a distribution described in
section 408(d)(3) of such Code and as having been transferred
to the eligible retirement plan in a direct trustee to trustee
transfer within 60 days of the distribution.
(d) Definitions.--For purposes of this section--
(1) Qualified mortgage relief distribution.--Except as
provided in subsection (b), the term ``qualified mortgage
relief distribution'' means any distribution from an eligible
retirement plan made on or after the date of the enactment of
this Act and before January 1, 2010, if--
(A) such distribution is made during any 90-day
period beginning on the date of any increase which
occurs under the terms of the loan in the interest rate
applicable to acquisition indebtedness (as defined in
section 163(h)(3)(B) of the Internal Revenue Code of
1986, without regard to clause (ii) thereof) with
respect to the principal residence of the taxpayer, and
(B) the adjusted gross income (as defined in
section 62 of the such Code) of the taxpayer for the
taxable year of such distribution does not exceed
$114,000 ($166,000 in the case of a joint return under
section 6013 of such Code).
For purposes of subparagraph (A), any increase in interest rate
which occurs after May 31, 2005, and before the date of the
enactment of this Act shall be treated as occurring on such
date of enactment.
(2) Eligible retirement plan.--The term ``eligible
retirement plan'' shall have the meaning given such term by
section 402(c)(8)(B) of such Code.
(3) Principal residence.--The term ``principal residence''
has the same meaning as when used in section 121 of such Code.
(e) Income Inclusion Spread Over 5 Year Period for Qualified
Mortgage Relief Distributions.--
(1) In general.--In the case of any qualified mortgage
relief distribution, unless the taxpayer elects not to have
this subsection apply for any taxable year, any amount required
to be included in gross income for such taxable year shall be
so included ratably over the 5-taxable year period beginning
with such taxable year.
(2) Special rule.--For purposes of paragraph (1), rules
similar to the rules of subparagraph (E) of section 408A(d)(3)
of the Internal Revenue Code of 1986 shall apply.
(f) Special Rules.--
(1) Exemption of distributions from trustee to trustee
transfer and withholding rules.--For purposes of sections
401(a)(31), 402(f), and 3405 of the Internal Revenue Code of
1986, qualified mortgage relief distributions shall not be
treated as eligible rollover distributions.
(2) Qualified mortgage relief distributions treated as
meeting plan distribution requirements.--For purposes of such
Code, a qualified mortgage relief distribution shall be treated
as meeting the requirements of sections 401(k)(2)(B)(i),
403(b)(7)(A)(ii), 403(b)(11), and 457(d)(1)(A) of such Code.
(g) Provisions Relating to Plan Amendments.--
(1) In general.--If this subsection applies to any
amendment to any plan or annuity contract, such plan or
contract shall be treated as being operated in accordance with
the terms of the plan during the period described in paragraph
(2)(B)(i).
(2) Amendments to which subsection applies.--
(A) In general.--This subsection shall apply to any
amendment to any plan or annuity contract which is
made--
(i) pursuant to any amendment made by this
section, or pursuant to any regulation issued
by the Secretary of the Treasury or the
Secretary of Labor under this section, and
(ii) on or before the last day of the first
plan year beginning on or after January 1,
2010, or such later date as the Secretary of
the Treasury may prescribe.
In the case of a governmental plan (as defined in
section 414(d) of the Internal Revenue Code of 1986),
clause (ii) shall be applied by substituting the date
which is 2 years after the date otherwise applied under
clause (ii).
(B) Conditions.--This subsection shall not apply to
any amendment unless--
(i) during the period--
(I) beginning on the date the
legislative or regulatory amendment
described in subparagraph (A)(i) takes
effect (or in the case of a plan or
contract amendment not required by such
legislative or regulatory amendment,
the effective date specified by the
plan), and
(II) ending on the date described
in subparagraph (A)(ii) (or, if
earlier, the date the plan or contract
amendment is adopted),
the plan or contract is operated as if such
plan or contract amendment were in effect; and
(ii) such plan or contract amendment
applies retroactively for such period. | Homeowners' Assistance Act of 2007 - Exempts any qualified mortgage relief distribution from the 10% additional tax imposed by the Internal Revenue Code on early distributions from qualified retirement plans.
Provides that the aggregate amount of distributions received by an individual which may be treated as qualified mortgage relief distributions for any taxable year shall not exceed the excess (if any) of $25,000, over the aggregate amounts treated as qualified mortgage delinquency relief distributions received by such individual for all prior taxable years.
Defines such distributions as those made from an eligible retirement plan between the enactment of this Act and January 1, 2010, if: (1) the distribution is made during any 90-day period beginning on the date of any increase in the interest rate applicable to the acquisition indebtedness of the taxpayer's principal residence; and (2) taxpayer's adjusted gross income for the taxable year of such distribution does not exceed $114,000 ($166,000 in the case of a joint return). | {"src": "billsum_train", "title": "To provide for the penalty-free use of retirement funds for mortgage relief."} | 1,771 | 211 | 0.649394 | 1.858665 | 0.81705 | 5.240642 | 8.545455 | 0.919786 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Insurance for all
Americans Act''.
SEC. 2. EXTENSION OF FEDERAL EMPLOYEE HEALTH INSURANCE.
(a) In General.--Subpart G of part III of title 5, United States
Code, is amended--
(1) by redesignating chapters 89A and 89B as chapters 89B
and 89C, respectively; and
(2) by inserting after chapter 89 the following:
``CHAPTER 89A--HEALTH INSURANCE FOR NON-FEDERAL EMPLOYEES
``SEC. 8921. DEFINITIONS.
``In this chapter--
``(1) the terms defined under section 8901 shall have the
meanings given such terms under that section; and
``(2) the term `Office' means the Office of Personnel
Management.
``SEC. 8922. HEALTH INSURANCE FOR NON-FEDERAL EMPLOYEES.
``(a) The Office shall administer a health insurance program for
non-Federal employees in accordance with this chapter.
``(b) Except as provided under this chapter, the Office shall
prescribe regulations to apply the provisions of chapter 89 to the
greatest extent practicable to eligible individuals covered under this
chapter.
``SEC. 8923. CONTRACT REQUIREMENT.
``(a) For each calendar year, the Office shall enter into a
contract with 1 or more carriers to make available 1 or more health
benefits plans (subject to the provisions of this chapter) to eligible
individuals under this chapter.
``(b) In carrying out this section, the Office may require 1 or
more carriers to enter into a contract described in subsection (a), as
a condition of entering into a contract under section 8902.
``SEC. 8924. ELIGIBILITY OF NON-FEDERAL EMPLOYEES.
``(a) Except as provided under subsection (b), any individual may
enroll in a health benefits plan under this section.
``(b) An individual may not enroll in a health benefits plan under
this chapter if the individual--
``(1) is enrolled or eligible to enroll for coverage under
a public health insurance program, including--
``(A) title XVIII of the Social Security Act;
``(B) a State plan under title XIX of the Social
Security Act;
``(C) a State plan under title XX of the Social
Security Act; or
``(D) any other program determined by the Office;
``(2) is enrolled or eligible to enroll in a plan under
chapter 89; or
``(3) is a member of the uniformed services as defined
under section 101(a)(5) of title 10.
``SEC. 8925. ALTERNATIVE CONDITIONS TO FEDERAL EMPLOYEE HEALTH BENEFITS
PLANS.
``(a) Rates charged and premiums paid for a health benefits plan
under this chapter may differ between or among geographic regions.
``(b) No Government contribution shall be made for any individual
under this chapter.
``(c) In the administration of this chapter, the Office shall
ensure that individuals covered under this chapter shall be in a risk
pool that is separate from the risk pool maintained for individuals
covered under chapter 89.''.
(b) Technical and Conforming Amendments.--
(1) Contract requirement under chapter 89.--Section 8902 of
title 5, United States Code, is amended by adding after
subsection (o) the following:
``(p) Any contract under this chapter may include, at the
discretion of the Office, a provision that the carrier shall enter into
a contract to provide 1 or more health benefits plans as described
under chapter 89A.''.
(2) Table of chapters.--The table of chapters for part III
of title 5, United States Code, is amended--
(A) by redesignating the items relating to chapters
89A and 89B as chapters 89B and 89C, respectively; and
(B) by inserting after the item relating to chapter
89 the following:
``89A. Health Insurance for Non-Federal Employees........... 8921''.
SEC. 3. DEDUCTION FOR PREMIUMS PAID BY FEHBP NON-EMPLOYEE ENROLLEES.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions) is amended by redesignating section 224 as section 225 and
by inserting after section 223 the following new section:
``SEC. 224. PREMIUMS PAID FOR FEHBP COVERAGE.
``(a) In General.--In the case of an individual, there shall be
allowed as a deduction an amount equal to the amount paid as premiums
during the taxable year for coverage for the taxpayer, his spouse, and
dependents under health insurance provided pursuant to chapter 89A of
title 5, United States Code.
``(b) Special Rules.--
``(1) Coordination with medical deduction, etc.--Any amount
paid by a taxpayer for insurance to which subsection (a)
applies shall not be taken into account in computing the amount
allowable to the taxpayer as a deduction under section 162(l)
or 213(a). Any amount taken into account in determining the
credit allowed under section 35 shall not be taken into account
for purposes of this section.
``(2) Deduction not allowed for self-employment tax
purposes.--The deduction allowable by reason of this section
shall not be taken into account in determining an individual's
net earnings from self-employment (within the meaning of
section 1402(a)) for purposes of chapter 2.''.
(b) Deduction Allowed in Computing Adjusted Gross Income.--
Subsection (a) of section 62 of such Code is amended by inserting
before the last sentence the following new paragraph:
``(22) Premiums paid for fehbp coverage.--The deduction
allowed by section 224.''.
(c) Clerical Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by redesignating the
item relating to section 224 as an item relating to section 225 and
inserting before such item the following new item:
``Sec. 224. Premiums paid for FEHBP coverage.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 4. PLAN FOR EXTENSION OF FEDERAL EMPLOYEE HEALTH BENEFITS PROGRAM.
Not later than 6 months after the date of enactment of this Act and
after consultation with appropriate experts, representatives of
affected individuals, and Federal officers, the Director of the Office
of Personnel Management shall submit a comprehensive plan to Congress
that--
(1) provides for the orderly implementation of the
amendments made by this Act; and
(2) includes a schedule of actions to be taken to provide
for that implementation. | Access to Insurance for all Americans Act - Directs the Office of Personnel Management (OPM) to administer a health insurance program for non-federal employees and to apply to such program the provisions governing the federal employee health insurance program to the greatest extent practicable.
Requires OPM, for each calendar year, to enter into a contract with one or more carriers to make health benefits plans available to eligible individuals. Allows any individual to enroll in such a plan unless the individual: (1) is enrolled or eligible to enroll for coverage under a public health insurance program (including Medicaid or Medicare) or under the federal employee health insurance program; or (2) is a member of the uniformed services.
Allows rates and premiums for such a plan to differ among geographic regions. Makes such premiums tax deductible.
Provides that no government contribution shall be made for any individual enrolled in such a plan. Directs OPM to ensure that covered individuals are in a risk pool separate from that maintained for federal employees.
Requires the Director of OPM to submit a comprehensive plan to Congress that provides for the orderly implementation of the amendments made by this Act, including a schedule of actions to be taken to provide for that implementation. | {"src": "billsum_train", "title": "To amend title 5, United States Code, to establish a national health program administered by the Office of Personnel Management to offer Federal employee health benefits plans to individuals who are not Federal employees, and for other purposes."} | 1,634 | 269 | 0.557382 | 1.414281 | 0.819813 | 3.838298 | 5.893617 | 0.910638 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Cybercrime Reporting
and Cooperation Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Computer systems; computer data.--The terms ``computer
system'' and ``computer data'' have the meanings given those
terms in chapter I of the Convention on Cybercrime.
(2) Convention on cybercrime.--The term ``Convention on
Cybercrime'' means the Council of Europe Convention on
Cybercrime, done at Budapest November 23, 2001, as ratified by
the United States Senate with any relevant reservations or
declarations.
(3) Cybercrime.--The term ``cybercrime'' refers to criminal
offenses relating to computer systems or computer data
described in the Convention on Cybercrime.
(4) Electronic commerce.--The term ``electronic commerce''
has the meaning given that term in section 1105(3) of the
Internet Tax Freedom Act (47 U.S.C. 151 note).
(5) Interpol.--The term ``INTERPOL'' means the
International Criminal Police Organization.
(6) Lead federal agency.--The term ``lead Federal agency''
means one of the relevant Federal agencies designated by the
President to have primary responsibility for producing the
annual reports required by section 3.
(7) Relevant federal agencies.--The term ``relevant Federal
agencies'' means any Federal agency that has responsibility for
combating cybercrime globally, including the Department of
Commerce, the Department of Homeland Security, the Department
of Justice, the Department of State, the Department of the
Treasury, and the Office of the United States Trade
Representative.
(8) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States.
SEC. 3. ANNUAL REPORT.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the head of the lead
Federal agency shall submit to Congress a report--
(1) assessing, after consultation with the entities
specified in subsection (c) and with respect to each country
described in subsection (b)--
(A) the extent and nature of activities relating to
cybercrime that are attributable to persons or property
based in the country and impact the United States
Government, United States persons, or United States
electronic commerce;
(B) the adequacy and effectiveness of the laws,
regulations, and judicial and law enforcement systems
in the country with respect to combating cybercrime;
and
(C) measures taken by the government of the country
to protect consumers from cybercrime, including
measures described in the Convention on Cybercrime;
(2) assessing, after consultation with the entities
specified in subsection (c), any multilateral efforts--
(A) to prevent and investigate cybercrime;
(B) to develop and share best practices with
respect to directly or indirectly combating cybercrime;
and
(C) to cooperate and take action with respect to
the prevention, investigation, and prosecution of
cybercrime; and
(3) describing the steps taken by the United States to
promote the multilateral efforts described in paragraph (2).
(b) Countries Described.--A country described in this subsection is
a country that the head of the lead Federal agency determines, in
consultation with the entities specified in subsection (c), is
significant with respect to efforts to combat cybercrime--
(1) against the United States Government or United States
persons; or
(2) that disrupts United States electronic commerce or
otherwise negatively impacts the trade or intellectual property
interests of the United States.
(c) Entities Specified.--The entities specified in this subsection
are the relevant Federal agencies, industry groups, civil society
organizations, and other organizations selected by the President for
consultations under this section based on their interest in combating
cybercrime.
(d) Contributions From Relevant Federal Agencies.--Not later than
30 days before the date on which the report is required to be submitted
under subsection (a), the head of each of the relevant Federal agencies
shall submit to the head of the lead Federal agency a report
containing--
(1) any information obtained by the relevant Federal agency
with respect to incidents of cybercrime, impediments to
electronic commerce, or efforts of the United States to
cooperate with other countries with respect to combating
cybercrime; and
(2) any other information obtained by the agency that is
relevant to the report required by subsection (a).
(e) Additional Information To Be Included in Subsequent Reports.--
In each report required to be submitted under subsection (a) after the
first report required by that subsection, the head of the lead Federal
agency shall include, in addition to the information required by that
subsection--
(1) an identification of countries for which action plans
have been developed under section 5; and
(2) an assessment, after consultation with the entities
specified in subsection (c), of the extent of the compliance of
each such country with the action plan developed for that
country.
(f) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
SEC. 4. UTILIZATION OF FOREIGN ASSISTANCE PROGRAMS.
(a) Priority With Respect to Foreign Assistance Programs to Combat
Cybercrime.--
(1) In general.--The President shall give priority to a
country described in paragraph (2) with respect to foreign
assistance and other programs designed to combat cybercrime in
the country by improving the effectiveness and capacity of the
legal and judicial systems and the capabilities of law
enforcement agencies with respect to cybercrime.
(2) Countries described.--A country described in this
paragraph is a country described in section 3(b) that the
President, in consultation with the entities described in
section 3(c), determines has a low capacity to combat
cybercrime.
(b) Sense of Congress With Respect to Bilateral and Multilateral
Assistance.--It is the sense of Congress that--
(1) the President should include programs designed to
combat cybercrime in any bilateral or multilateral assistance
that--
(A) is provided to a country described in
subsection (a)(2); and
(B) addresses the critical infrastructure,
telecommunications systems, financial industry, legal
or judicial systems, or law enforcement capabilities of
that country; and
(2) such assistance should be provided in a manner that
allows the country to sustain the advancements in combating
cybercrime resulting from the assistance after the termination
of the assistance.
SEC. 5. ACTION PLANS FOR COMBATING CYBERCRIME FOR COUNTRIES OF CYBER
CONCERN.
(a) Development of Action Plans.--
(1) In general.--Not later than 1 year after the head of
the lead Federal agency submits the first report required by
section 3(a), the President shall develop, for each country
that the President determines under subsection (b) is a country
of cyber concern, an action plan--
(A) to assist the government of that country to
improve the capacity of the country to combat
cybercrime; and
(B) that contains benchmarks described in
subsection (c).
(2) Reassessment of countries.--Not later than 2 years
after the head of the lead Federal agency submits the first
report required by section 3(a), and annually thereafter, the
President shall--
(A) reassess the countries for which the President
has developed action plans under paragraph (1);
(B) determine if any of those countries no longer
meet the criteria under subsection (b) for being
countries of cyber concern; and
(C) determine if additional countries meet the
criteria under subsection (b) for being countries of
cyber concern and develop action plans for those
countries.
(3) Consultations.--The President, acting through the head
of the lead Federal agency and, as appropriate, an employee
designated to have responsibility for cybercrime under section
6 or 7, shall consult with the government of each country for
which the President develops an action plan under paragraph (1)
or (2) with respect to--
(A) the development of the action plan; and
(B) the efforts of the government of that country
to comply with the benchmarks set forth in the action
plan.
(b) Countries of Cyber Concern.--The President shall determine that
a country is a country of cyber concern if the President finds that--
(1) there is significant credible evidence that there has
been a pattern of incidents of cybercrime, during the 2-year
period preceding the date of the President's determination--
(A) against the United States Government or United
States persons or that disrupt United States electronic
commerce or otherwise negatively impact the trade or
intellectual property interests of the United States;
and
(B) that are attributable to persons or property
based in the country; and
(2) the government of the country has demonstrated a
pattern of being uncooperative with efforts to combat
cybercrime by--
(A) failing to conduct its own reasonable criminal
investigations, prosecutions, or other proceedings with
respect to the incidents of cybercrime described in
paragraph (1);
(B) failing to cooperate with the United States,
any other party to the Convention on Cybercrime, or
INTERPOL, in criminal investigations, prosecutions, or
other proceedings with respect to such incidents,
consistent with chapter III of the Convention on
Cybercrime; or
(C) not adopting or implementing legislative or
other measures consistent with chapter II of the
Convention on Cybercrime with respect to criminal
offenses related to computer systems or computer data.
(c) Benchmarks Described.--The benchmarks described in this
subsection--
(1) are such legislative, institutional, enforcement, or
other actions as the President determines necessary to improve
the capacity of the country to combat cybercrime; and
(2) may include--
(A) the initiation of credible criminal
investigations, prosecutions, or other proceedings with
respect to the incidents of cybercrime that resulted in
the determination of the President under subsection (b)
that the country is a country of cyber concern;
(B) cooperation with, or support for the efforts
of, the United States, other parties to the Convention
on Cybercrime, or INTERPOL in criminal investigations,
prosecutions, or other proceedings with respect to such
persons, consistent with chapter III of the Convention
on Cybercrime; or
(C) the implementation of legislative or other
measures consistent with chapter II of the Convention
on Cybercrime with respect to criminal offenses related
to computer systems or computer data.
(d) Determination of Consistency With Convention on Cybercrime.--
For purposes of subsections (b) and (c), a measure is not consistent
with the Convention on Cybercrime if the measure imposes a criminal
penalty for an activity that is not a criminal offense under the
Convention.
(e) Failure To Meet Action Plan Benchmarks.--
(1) In general.--If, 1 year after the date on which an
action plan is developed under subsection (a), the President,
in consultation with the entities described in section 3(c),
determines that the government of the country for which the
action plan was developed has not complied with the benchmarks
in the action plan, the President is urged to take one or more
of the actions described in paragraph (2) with respect to the
country.
(2) Presidential action described.--
(A) In general.--Subject to subparagraph (B), the
actions described in this paragraph with respect to a
country are the following:
(i) Multilateral development bank
financing.--Instruct the United States
Executive Director of each multilateral
development bank (as defined in section
1701(c)(4) of the International Financial
Institutions Act (22 U.S.C. 262r(c)(4))) to
restrict or oppose the approval of any new
financing (including loans, guarantees, other
credits, insurance, and reinsurance) by the
multilateral development bank to the government
of the country or with respect to a project
located in the country or in which an entity
owned or controlled by the government of the
country participates.
(ii) Preferential trade programs.--Suspend,
limit, or withdraw any preferential treatment
for which the country qualifies under the
Caribbean Basin Economic Recovery Act (19
U.S.C. 2701 et seq.), the African Growth and
Opportunity Act (19 U.S.C. 3701 et seq.), or
any other trade preference program in effect.
(iii) Foreign assistance.--Suspend,
restrict, or withdraw the provision of foreign
assistance to the country or with respect to
projects carried out in the country, including
assistance provided under the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et
seq.).
(B) Exception.--The President may not suspend,
restrict, prohibit, or withdraw assistance described in
subparagraph (A)(iii) that is provided for humanitarian
or disaster relief or for projects related to building
capacity or actions to combat cybercrime.
(3) Restoration of benefits.--The President shall revoke
any actions taken with respect to a country under paragraph (2)
on the date on which the President, in consultation with the
entities described in section 3(c), determines and certifies to
Congress that the government of the country has complied with
the benchmarks described in subsection (c).
(f) Waiver.--
(1) In general.--The President may waive the requirement
under subsection (a) to develop an action plan for a country or
the requirement under subsection (b) to make a determination
with respect to a country if the President--
(A) determines that such a waiver is in the
national interest of the United States; and
(B) submits to Congress a report describing the
reasons for the determination.
(2) Form of report.--A report submitted under paragraph
(1)(B) shall be submitted in unclassified form, but may contain
a classified annex.
SEC. 6. DESIGNATION OF COORDINATOR FOR CYBERSECURITY ISSUES IN THE
DEPARTMENT OF STATE.
The Secretary of State shall designate a high-level employee of the
Department of State--
(1) to coordinate a full range of cybersecurity issues,
including activities, policies, and opportunities of the
Department of State associated with foreign policy and
combating cybercrime; and
(2) whose primary responsibilities shall include increasing
opportunities with respect to combating cybercrime at an
international level.
SEC. 7. DESIGNATION OF OFFICIALS TO BE RESPONSIBLE FOR COMBATING
CYBERCRIME.
The President shall ensure that--
(1) there is an employee of the United States Government
with primary responsibility with respect to matters relating to
cybercrime policy in each country or region that the President
considers significant with respect to the efforts of the United
States Government to combat cybercrime globally; and
(2) each such employee consults with industry groups in the
United States, civil society organizations, and other
organizations with an interest in combating cybercrime in
carrying out the employee's duties with respect to matters
relating to cybercrime.
SEC. 8. CONSIDERATION OF CYBERCRIME IN TRADE AGREEMENT NEGOTIATIONS.
Before finalizing or modifying any trade agreement with another
country, the President shall take into consideration the efforts of the
government of that country to combat cybercrime. | International Cybercrime Reporting and Cooperation Act - Directs a presidentially-designated federal agency to report annually to Congress assessing: (1) the extent and nature of foreign cybercrime activities, their impact on the U.S. government, U.S. persons, or U.S. electronic commerce, and the adequacy of the legal, judicial, and law enforcement systems in such countries to combat cybercrime; and (2) multilateral efforts to prevent, investigate, and prosecute cybercrime, including U.S. efforts to encourage such cooperation.
Directs the President to give priority for assistance to improve legal, judicial, and enforcement capabilities to countries with low capacities to combat cybercrime.
Directs the President to develop an action plan (with legislative, institutional, or enforcement benchmarks) and an annual compliance assessment for each country determined to be a country of cyber concern: (1) from which there is a pattern of cybercrime incidents against the U.S. government, private U.S. entities, or U.S. persons; and (2) whose government is uncooperative with efforts to combat cybercrime.
Urges the President to take specified trade, assistance, and financing actions against a country that has not complied with the appropriate benchmarks.
Authorizes the President to waive the requirements to develop an action plan or make a determination of cyber concern if in the U.S. national interest.
Directs the Secretary of State to designate a high-level Department of State employee to coordinate anti-cybercrime activities.
Directs the President to: (1) ensure that there is a federal employee with primary responsibility for cybercrime policy in each country or region significant to U.S. anti-cybercrime efforts, and (2) take into consideration a country's anti-cybercrime efforts before finalizing or modifying any trade agreement with such country.
. | {"src": "billsum_train", "title": "A bill to require reporting on the capacity of foreign countries to combat cybercrime, to develop action plans to improve the capacity of certain countries to combat cybercrime, and for other purposes."} | 3,364 | 411 | 0.543893 | 1.665526 | 0.775328 | 2.450151 | 9.392749 | 0.92145 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Visa Waiver Program Improvement Act
of 2014''.
SEC. 2. GROUNDS FOR INELIGIBILITY FOR TRAVEL TO THE UNITED STATES;
REPORTS ON LAW ENFORCEMENT AND SECURITY INTERESTS;
CONTINUING QUALIFICATION AND DESIGNATION TERMINATIONS;
REPORT ON STRENGTHENING THE ELECTRONIC SYSTEM FOR TRAVEL
AUTHORIZATION.
(a) Grounds for Ineligibility for Travel to the United States;
Period of Validity.--Section 217 of the Immigration and Nationality Act
(8 U.S.C. 1187) is amended--
(1) in subsection (a)(11), by inserting ``, including
terrorism risk,'' after ``security risk''; and
(2) in subsection (h)(3)--
(A) in subparagraph (A), by inserting ``, including
terrorism risk,'' after ``security risk'';
(B) in subparagraph (C), in the second sentence, by
inserting before the period at the end the following:
``, or, if the Secretary determines that such is
appropriate, may limit such period of eligibility'';
and
(C) by adding at the end the following new
subparagraph:
``(E) Additional reports.--
``(i) Reports on certain limitations on
travel.--Not later than 30 days after the date
of the enactment of this subparagraph and
annually thereafter, the Secretary of Homeland
Security, in consultation with the Secretary of
State, shall submit to the Committee on
Homeland Security and the Committee on the
Judiciary of the House of Representatives and
the Committee on Homeland Security and
Governmental Affairs and the Committee on the
Judiciary of the Senate a report on the number
of individuals, identified by their countries
of citizenship or nationality, who were denied
eligibility to travel under the System or whose
eligibility for such travel was revoked during
the previous year if such individual was
determined, in accordance with subsection
(a)(6), to represent a threat to the security
of the United States.
``(ii) Reports on certain threat
assessments.--Beginning with the first report
under clause (i) of subsection (c)(5)(A) that
is submitted after the date of the enactment of
this subparagraph and periodically thereafter
(together with subsequent reports submitted
under such clause (i)), the Secretary of
Homeland Security, in consultation with the
Director of National Intelligence, shall submit
to the Committee on Homeland Security and the
Committee on the Judiciary of the House of
Representatives and the Committee on Homeland
Security and Governmental Affairs and the
Committee on the Judiciary of the Senate a
report that contains a threat assessment
regarding the compliance of foreign governments
with the agreements described in subparagraphs
(D) and (F) of subsection (c)(2).''.
(b) Reports on Law Enforcement and Security Interests; Continuing
Qualification and Designation Terminations.--Subsection (c) of section
217 of the Immigration and Nationality Act (8 U.S.C. 1187) is amended--
(1) in paragraph (2)(C)(iii)--
(A) by striking ``and the Committee on
International Relations'' and inserting ``, the
Committee on Foreign Affairs, and the Committee on
Homeland Security''; and
(B) by striking ``and the Committee on Foreign
Relations'' and inserting ``, the Committee on Foreign
Relations, and the Committee on Homeland Security and
Governmental Affairs''; and
(2) in paragraph (5)--
(A) in subparagraph (A)(i)--
(i) in subclause (III), by striking ``and''
at the end;
(ii) in subclause (IV), by striking the
period at the end and inserting ``; and''; and
(iii) by adding after subclause (IV) the
following new subclause:
``(V) shall submit to Congress a
report regarding the security
parameters described in paragraph
(9).''; and
(B) in subparagraph (B), by adding at the end the
following new clause:
``(v) Additional program suspension
authority.--If the Secretary of Homeland
Security, in consultation with the Secretary of
State, determines that a country participating
in the visa waiver program has failed to comply
with an agreement under subparagraph (F) of
paragraph (2), the Secretary of Homeland
Security--
``(I) may suspend a country from
the visa waiver program without prior
notice;
``(II) shall notify any country
suspended under subclause (I) and
provide justification for the
suspension; and
``(III) shall restore the suspended
country's participation in the visa
waiver program upon a determination
that the country is in compliance with
the agreement at issue.''.
(c) Report on Strengthening the Electronic System for Travel
Authorization.--Not later than 30 days after the date of the enactment
of this Act, the Secretary of Homeland Security, in consultation with
the Secretary of State, shall submit to the Committee on Homeland
Security, the Committee on the Judiciary, and the Committee on Foreign
Affairs of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs, the Committee on the Judiciary, and
the Committee on Foreign Relations of the Senate a report on steps to
strengthen the automated electronic travel authorization system
(commonly referred to as the ``Electronic System for Travel
Authorization'') under paragraph (3) of section 217(h) of the
Immigration and Nationality Act (8 U.S.C. 1187(h)) to better secure the
international borders of the United States and prevent terrorists and
instruments of terrorism from entering the United States.
(d) Time for Report.--The first report required under subclause (V)
of section 217(c)(5)(A)(i) of the Immigration and Nationality Act (as
added by subsection (b)(2)(A)(iii) of this section) shall be submitted
at the same time the next report required under subclause (IV) of such
section 217(c)(5)(A)(i) is submitted after the date of the enactment of
this Act. | Visa Waiver Program Improvement Act of 2014 - Amends the Immigration and Nationality Act to include terrorism risk as a factor the Secretary of Homeland Security (DHS) shall consider under the electronic system for travel authorization (ESTA) in determining the eligibility of an alien to travel to the United States. Directs the Secretary to report to Congress regarding: (1) the number of individuals, identified by their countries of citizenship or nationality, who were denied eligibility to travel, or whose eligibility was revoked, under ESTA because the individual was determined to be a U.S. security threat; (2) steps to strengthen ESTA; and (3) foreign government compliance with information sharing agreements concerning passport theft or loss and whether a country's citizens or nationals traveling to the United States pose a U.S. security threat. Authorizes the Secretary to suspend a country from the visa waiver program without prior notice if the country fails to comply with an agreement to share information regarding whether its citizens and nationals traveling to the United States pose a U.S. security threat. | {"src": "billsum_train", "title": "Visa Waiver Program Improvement Act of 2014"} | 1,414 | 231 | 0.574042 | 1.572273 | 0.780814 | 2.413265 | 6.22449 | 0.80102 |
SECTION 1. DEFINITION OF AFFECTED AREA TO INCLUDE ADDITIONAL DOWNWIND
AREA EXPOSED TO IONIZING RADIATION (NUCLEAR FALLOUT).
Section 4(b)(1) of the Radiation Exposure Compensation Act (42
U.S.C. 2210 note) is amended--
(1) by striking ``and'' at the end of subparagraph (B); and
(2) by adding at the end the following:
``(D) the Territory of Guam; and''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States conducted testing of atomic nuclear
weapons on Enewetak and Bikini Atolls in the Marshall Islands,
from 1946 to 1962. A total of sixty-seven (67) atomic and
thermonuclear bombs were detonated which resulted in fallout
across a wide area in the Pacific.
(2) The Atomic Energy Commission detonated sixty-seven (67)
nuclear devices with a total yield of one hundred eight
thousand four hundred ninety-two point two (108,492.2) kilotons
in or around the Marshall Islands.
(3) There were at least ten (10) detonations that had a
yield necessary of five (5) to ten (10) megatons to project
material from the center of the explosion to the height of
between twelve (12) to fifty-five (55) miles into the jet-
stream.
(4) On October 31, 1952 (GMT), the first true H-Bomb, Ivy
Mike was detonated at Elugelab (``Flora'') Island, Enewetak
Atoll. The 10.4 megaton device was the fourth largest device
ever tested by the United States. The mushroom cloud climbed to
57,000 feet in only 90 seconds entering the stratosphere. One
minute later it reached 108,000 feet, eventually stabilizing at
a ceiling of 120,000 feet. Half an hour after the test, the
mushroom stretched sixty (60) miles across, with the base of
the mushroom head joining the stem at 45,000 feet.
(5) On April 27, 2005, the National Research Council of the
National Academies submitted to Congress a report on the
Assessment of the Scientific Information for the Radiation
Exposure Screening and Education Program.
(6) The National Research Council stated in their report on
``ADDITIONAL POPULATIONS ENVIRONMENTALLY AT RISK FOR RADIATION
EXPOSURE'', Nuclear Testing: Downwinders and Onsite
Participants, that the Committee to Assess the Scientific
Information for the Radiation Exposure Screening and Education
Program reviewed the locations where nuclear-weapons tests were
performed, and that ``The current RECA downwinder population is
concentrated in the area around the NTS, and the 1997 NCI 131 I
report (NCI, 1997) dealt with emissions from the NTS. In RECA,
Congress found that fallout from atmospheric nuclear tests
exposed people to radiation that is presumed to have caused an
excess of cancer and that this risk was borne by these people
to serve the national security interests of the United States.
The United States has conducted nuclear-weapons tests in areas
other than NTS, and populations exposed to fallout from these
tests may also be considered as possible candidates for RECA
compensation, if Congress so chooses. The tests in question
include the Trinity test near Alamogordo, New Mexico, and the
Pacific tests. Onsite participants in the tests are already
included under RECA, but RECA coverage may be extended to the
downwinder populations in those areas. Over the last several
years, there has been a concern about the health effects
associated with radioactive fallout that reached Guam during
the testing of nuclear weapons in Micronesia. The Pacific
Association for Radiation Survivors was formed. In 2002, a blue
ribbon panel, authorized by the Government of Guam, submitted
the Committee Action Report on Radioactive Contamination in
Guam between 1946 and 1958.''.
(7) The National Research Council's assessment and
recommendation for Guam is stated on page 200 of the
``Assessment of the Scientific Information for the Radiation
Exposure Screening and Education Program'', which reads:
``Conclusions. As a result of its analysis, the committee
concludes that Guam did receive measurable fallout from
atmospheric testing of nuclear weapons in the Pacific.
Residents of Guam during that period should be eligible for
compensation under RECA in a way similar to that of persons
considered to be downwinders.''.
(8) In 1974, the Laboratory of Radiation Ecology began a
program to determine the radionuclides found in food, plants,
animals, and soils of the Central Pacific. As part of this
program, the study was undertaken to determine the
radionuclides found in common foods and soils in Guam. All
samples were analyzed for gamma-emitting radionuclides while
some were also analyzed for Strontium 90 or Plutonium 239,240.
Cesium 137,210 PB and 235 U were also on the soil on Guam.
``Plants; Most values of 137 Cs were less than 1 pCi/g, but a
value of 18. pCi/g was measured in the edible portion of a
pandanus fruit from Guam. The inedible portion of this fruit
also had a high 137 Cs value, 16 pCi/g.''.
SEC. 3. ELIGIBILITY TO FILE A CLAIM BASED ON PRESENCE DURING PERIOD OF
TESTING.
(a) Claims Relating to Leukemia.--Section 4(a)(1)(A)(i) of the
Radiation Exposure Compensation Act (42 U.S.C. 2210 note) is amended--
(1) in subclauses (I) and (II), by inserting ``described in
subparagraph (A), (B), or (C) of subsection (b)(1)'' after
``affected area'';
(2) in subclause (II)--
(A) by striking ``in the'' before ``affected area''
and inserting ``in an''; and
(B) by striking ``or'' at the end;
(3) by redesignating subclause (III) as subclause (V); and
(4) by inserting after subclause (II) the following:
``(III) was physically present in
the affected area described in
subsection (b)(1)(D) for a period of at
least 1 year during the period
beginning on June 30, 1946, and ending
on November 30, 1974;
``(IV) was physically present in
the affected area described in
subsection (b)(1)(D) for the period
beginning on June 30, 1946, and ending
on November 30, 1974;''.
(b) Claims Relating to Specified Diseases.--Section 4(a)(2) of the
Radiation Exposure Compensation Act (42 U.S.C. 2210 note) is amended--
(1) in subparagraphs (A) and (B)--
(A) by striking ``in the'' before ``affected area''
and inserting ``in an''; and
(B) by inserting ``described in subparagraph (A),
(B), or (C) of subsection (b)(1)'' after ``affected
area'';
(2) in subparagraph (B), by striking ``or'' at the end;
(3) by redesignating subparagraph (C) as subparagraph (E);
and
(4) by inserting after subparagraph (B) the following:
``(C) was physically present in the affected area
described in subsection (b)(1)(D) for a period of at
least 2 years during the period beginning on June 30,
1946, and ending on November 30, 1974.
``(D) was physically present in the affected area
described in subsection (b)(1)(D) for the period
beginning on June 30, 1946, and ending on November 30,
1974.''.
SEC. 4. AMENDMENTS TO RECA.
(a) Additional Relief.--Section 4 of the Radiation Exposure
Compensation Act (42 U.S.C. 2210 note) is amended by adding at the end
the following:
``(c) Additional Relief.--
``(1) Other areas.--
``(A) In general.--An individual who resided in the
Territory of Guam not covered under subsection
(b)(1)(D) during the time period described in
subsection (a)(1)(A)(i) may apply for compensation
under this Act.
``(B) Procedure.--The National Cancer Institute, in
collaboration with the Centers for Disease Control and
Prevention, shall evaluate whether an individual
submitting an application under subparagraph (A) is
eligible for compensation under this Act on a case-by-
case basis.
``(2) Other expenses.--An individual who is eligible for
compensation under subsection (b)(1)(D) or paragraph (1) shall
also receive compensation from the Fund for the costs of
screening, complications of screening, follow-up referrals,
work-up diagnosis, and treatment related to the specific
disease contracted by the individual.''.
SEC. 5. EDUCATION PROGRAM.
The Health Resources and Services Administration shall conduct an
enhanced program of education and communication about the health risks
posed by ionizing radiation exposure from fallout from the United
States nuclear-weapons testing. | Amends the Radiation Exposure Compensation Act to include the Territory of Guam among the affected areas for which health claims relating to atmospheric nuclear testing are allowed.
Sets forth periods of required presence during testing periods for persons in Guam filing leukemia or specified disease claims.
Authorizes assistance for residents of Guam not otherwise covered, to be determined on a case-by-case basis by the National Cancer Institute.
Makes covered individuals eligible for the costs of screening, follow-up referrals, work-up diagnosis, and disease-specific treatment.
Directs the Health Resources and Services Administration to conduct an education program about the health risks of fallout exposure from the U.S. nuclear-weapons testing. | {"src": "billsum_train", "title": "To amend the Radiation Exposure Compensation Act to include the Territory of Guam in the list of affected areas with respect to which claims relating to atmospheric nuclear testing shall be allowed, and for other purposes."} | 2,123 | 153 | 0.353544 | 1.086224 | 0.688153 | 2.636364 | 13.727273 | 0.863636 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cancer Screening and Prevention
Act''.
SEC. 2. MEDICARE COVERAGE OF COLORECTAL SCREENING.
(a) In General.--Section 1834 of the Social Security Act (42 U.S.C.
1395m) is amended by inserting after subsection (c) the following new
subsection:
``(d) Frequency and Payment Limits for Screening Fecal-Occult Blood
Tests, Screening Flexible Sigmoidoscopies, and Screening Colonoscopy.--
``(1) Screening fecal-occult blood tests.--
``(A) Payment limit.--In establishing fee schedules
under section 1833(h) with respect to screening fecal-
occult blood tests provided for the purpose of early
detection of colon cancer, except as provided by the
Secretary under paragraph (3)(A), the payment amount
established for tests performed--
``(i) in 1996 shall not exceed $5; and
``(ii) in a subsequent year, shall not
exceed the limit on the payment amount
established under this subsection for such
tests for the preceding year, adjusted by the
applicable adjustment under section 1833(h) for
tests performed in such year.
``(B) Frequency limit.--Subject to revision by the
Secretary under paragraph (3)(B), no payment may be
made under this part for a screening fecal-occult blood
test provided to an individual for the purpose of early
detection of colon cancer--
``(i) if the individual is under 50 years
of age; or
``(ii) if the test is performed within the
11 months after a previous screening fecal-
occult blood test.
``(2) Screening flexible sigmoid- oscopies.--
``(A) Payment amount.--The Secretary shall
establish a payment amount under section 1848 with
respect to screening flexible sigmoidoscopies provided
for the purpose of early detection of colon cancer that
is consistent with payment amounts under such section
for similar or related services, except that such
payment amount shall be established without regard to
subsection (a)(2)(A) of such section.
``(B) Frequency limit.--Subject to revision by the
Secretary under paragraph (4)(B), no payment may be
made under this part for a screening flexible
sigmoidoscopy provided to an individual for the purpose
of early detection of colon cancer--
``(i) if the individual is under 50 years
of age; or
``(ii) if the procedure is performed within
the 47 months after a previous screening
flexible sigmoidoscopy.
``(3) Screening colonoscopy for individuals at high risk
for colorectal cancer.--
``(A) Payment amount.--The Secretary shall
establish a payment amount under section 1848 with
respect to screening colonoscopy for individuals at
high risk for colorectal cancer (as defined in
subparagraph (C)) provided for the purpose of early
detection of colon cancer that is consistent with
payment amounts under such section for similar or
related services, except that such payment amount shall
be established without regard to subsection (a)(2)(A)
of such section.
``(B) Frequency limit.--Subject to revision by the
Secretary under paragraph (4)(B), no payment may be
made under this part for a screening colonoscopy for
individuals at high
risk for colorectal cancer provided to an individual
for the purpose of early detection of colon cancer if the procedure is
performed within the 23 months after a previous screening colonoscopy.
``(C) Individual at high risk defined.--In this
subsection, an `individual at high risk for colorectal
cancer' is an individual who, because of family
history, prior experience of cancer or precursor
neoplastic polyps, a history of chronic digestive
disease condition (including inflammatory bowel
disease, Crohn's Disease, or ulcerative colitis), the
presence of any appropriate recognized gene markers for
colorectal cancer, or other predisposing factors, faces
a high risk for colorectal cancer.
``(4) Reductions in payment limit and revision of
frequency.--
``(A) Reductions in payment limit.--The Secretary
shall review from time to time the appropriateness of
the amount of the payment limit established for
screening fecal-occult blood tests under paragraph
(1)(A). The Secretary may, with respect to tests
performed in a year after 1998, reduce the amount of
such
limit as it applies nationally or in any area to the
amount that the Secretary estimates is required to assure that such
tests of an appropriate quality are readily and conveniently available
during the year.
``(B) Revision of frequency.--
``(i) Review.--The Secretary shall review
periodically the appropriate frequency for
performing screening fecal-occult blood tests,
screening flexible sigmoidoscopies, and
screening colonoscopy based on age and such
other factors as the Secretary believes to be
pertinent.
``(ii) Revision of frequency.--The
Secretary, taking into consideration the review
made under clause (i), may revise from time to
time the frequency with which such tests and
procedures may be paid for under this
subsection, but no such revision shall apply to
tests or procedures performed before January 1,
1999.
``(5) Limiting charges of nonparticipating physicians.--
``(A) In general.--In the case of a screening
flexible sigmoidoscopy provided to an individual for
the purpose of early detection of colon cancer or a
screening colonoscopy provided to an individual at high
risk for colorectal cancer for the purpose of early
detection of colon cancer for which payment may be made
under this part, if a nonparticipating physician
provides the procedure to an individual enrolled under
this part, the physician may not charge the individual
more than the limiting charge (as defined in section
1848(g)(2)).
``(B) Enforcement.--If a physician or supplier
knowing and willfully imposes a charge in violation of
subparagraph (A), the Secretary may apply sanctions
against such physician or supplier in accordance with
section 1842(j)(2).''.
(b) Conforming Amendments.--(1) Paragraphs (1)(D) and (2)(D) of
section 1833(a) of such Act (42 U.S.C. 1395l(a)) are each amended by
striking ``subsection (h)(1),'' and inserting ``subsection (h)(1) or
section 1834(d)(1),''.
(2) Section 1833(h)(1)(A) of such Act (42 U.S.C. 1395l(h)(1)(A)) is
amended by striking ``The Secretary'' and inserting ``Subject to
paragraphs (1) and (3)(A) of section 1834(d), the Secretary''.
(3) Clauses (i) and (ii) of section 1848(a)(2)(A) of such Act (42
U.S.C. 1395w-4(a)(2)(A)) are each amended by striking ``a service'' and
inserting ``a service (other than a screening flexible sigmoidoscopy
provided to an individual for the purpose of early detection of colon
cancer or a screening colonoscopy provided to an individual at high
risk for colorectal cancer for the purpose of early detection of colon
cancer)''.
(4) Section 1862(a) of such Act (42 U.S.C. 1395y(a)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (E), by striking ``and'' at the
end,
(ii) in subparagraph (F), by striking the semicolon
at the end and inserting ``, and'', and
(iii) by adding at the end the following new
subparagraph:
``(G) in the case of screening fecal-occult blood tests,
screening flexible sigmoidoscopies, and screening colonoscopy
provided for the purpose of early detection of colon cancer,
which are performed more frequently than is covered under
section 1834(d);''; and
(B) in paragraph (7), by striking ``paragraph (1)(B) or
under paragraph (1)(F)'' and inserting ``subparagraphs (B),
(F), or (G) of paragraph (1)''.
SEC. 3. EFFECTIVE DATE.
The amendments made by section 2 shall apply to screening fecal-
occult blood tests, screening flexible sigmoidoscopies, and screening
colonoscopy performed on or after January 1, 1996. | Cancer Screening and Prevention Act - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of various specified colon and colorectal screening tests and corresponding payment and frequency limits. | {"src": "billsum_train", "title": "Cancer Screening and Prevention Act"} | 1,981 | 49 | 0.528893 | 1.317303 | 0.597698 | 1.722222 | 45.555556 | 0.833333 |
SECTION 1. TEMPORARY EXCEPTION TO SITE NEUTRAL PAYMENT RATE FOR CERTAIN
DISCHARGES INVOLVING SEVERE WOUNDS.
(a) In General.--Section 1886(m)(6) of the Social Security Act (42
U.S.C. 1395ww(m)(6)) is amended--
(1) in subparagraph (A)(i) by striking ``subparagraph (C)''
and inserting ``subparagraphs (C), (E), and (F)''; and
(2) by adding at the end the following new subparagraphs:
``(E) Temporary exception for certain severe wound
discharges from subsection (d) hospitals.--
``(i) In general.--For a discharge
occurring in a cost reporting period beginning
prior to October 1, 2017, subparagraph (A)(i)
shall not apply (and payment shall be made to a
long-term care hospital without regard to this
paragraph) if--
``(I) the individual discharged has
a severe wound during the stay in the
long-term care hospital ending with
such discharge;
``(II) the individual discharged
meets the severe wound criterion; and
``(III) the stay in the long-term
care hospital ending with such
discharge was immediately preceded by a
discharge from a stay in a subsection
(d) hospital.
``(ii) Severe wound defined.--In this
paragraph, the term `severe wound' means a
stage 3 wound, stage 4 wound, unstageable
wound, non-healing surgical wound, infected
wound, fistula, osteomyelitis, or wound with
morbid obesity, as identified in the claim from
the long-term care hospital.
``(iii) Severe wound criterion.--In this
subparagraph, the term `severe wound criterion'
means that the individual discharged--
``(I) received an excisional
debridement or total parenteral
nutrition during the stay in the long-
term care hospital referred to in
clause (i)(III); or
``(II) has at least one major
system organ failure (lung, liver,
kidney, or heart) as identified in the
claim from the immediately preceding
stay in a subsection (d) hospital
referred to in clause (i)(III).
``(F) Temporary exception for certain severe wound
discharges from certain long-term care hospitals.--For
a discharge occurring in a cost reporting period
beginning prior to October 1, 2017, subparagraph (A)(i)
shall not apply (and payment shall be made to a long-
term care hospital without regard to this paragraph) if
such discharge--
``(i) is from a long-term care hospital
identified by the amendment made by section
4417(a) of the Balanced Budget Act of 1997 (42
U.S.C. 1395ww note, Public Law 105-33); and
``(ii) the individual discharged has a
severe wound (as defined in subparagraph
(E)(ii)).''.
(b) Study and Report to Congress.--
(1) Study.--The Secretary of Health and Human Services
shall, in consultation with relevant stakeholders, conduct a
study on the treatment needs of individuals entitled to
benefits under part A of such title, or enrolled under part B
of such title, requiring specialized wound care, and the cost,
for such individuals and the Medicare program, of treating
severe wounds in rural and urban areas. Such study shall
include an assessment of--
(A) access of such individuals to appropriate
levels of care for such cases;
(B) the potential impact that section
1886(m)(6)(A)(i) of the Social Security Act (42 U.S.C.
1395ww(m)(6)(A)(i)) will have on the access, quality,
and cost of care for such individuals; and
(C) how to appropriately pay for such care under
the Medicare program under such title.
(2) Report.--Not later than October 1, 2016, the Secretary
of Health and Human Services shall submit to Congress a report
on the study conducted under paragraph (1), together with
recommendations for such legislation and administrative action
as the Secretary determines appropriate. | This bill amends title XVIII (Medicare) of the Social Security Act to prohibit payment at the applicable site neutral payment rate for discharges in a cost reporting period beginning before October 1, 2017, from subsection (d) hospitals and certain long-term care hospitals that involve certain severe wounds. (Generally, a subsection [d] hospital is an acute care hospital, particularly one that receives payments under Medicare's inpatient prospective payment system when providing covered inpatient services to eligible beneficiaries.) The Secretary of Health and Human Services shall study the treatment needs of individuals entitled to benefits under Medicare part A (Hospital Insurance), or enrolled under Medicare part B (Supplementary Medical Insurance), requiring specialized wound care, and the cost, for such individual, and the Medicare program of treating severe wounds in rural and urban areas. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to provide that payment under the Medicare program to a long-term care hospital for inpatient services shall not be made at the applicable site neutral payment rate for certain discharges involving severe wounds, and for other purposes."} | 968 | 178 | 0.557387 | 1.53012 | 0.849902 | 3.221519 | 5.170886 | 0.816456 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Contracting with the Enemy Act of
2011''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Element of the intelligence community.--The term
``element of the intelligence community'' means an element of
the intelligence community specified or designated in section
3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).
(2) Enemy of the united states.--The term ``enemy of the
United States'' means any person or organization determined by
the Secretary of Defense or the Secretary of State to be
hostile to United States forces or interests or providing
support to any person or organization hostile to United States
forces or interests during the time of a declared war,
peacekeeping operation, or other military or contingency
operation.
(3) Executive agency.--The term ``executive agency'' has
the meaning given the term in section 133 of title 41, United
States Code.
(4) Federal acquisition regulation.--The term ``Federal
Acquisition Regulation'' means the regulation maintained under
section 1303(a)(1) of title 41, United States Code.
(5) Federal contract.--The term ``Federal contract'' means
any contract, including any order under a multiple award or
indefinite delivery or indefinite quality contract, entered
into by an executive agency for the procurement of property or
services.
SEC. 3. PROHIBITION ON CONTRACTS WITH ENEMIES.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Federal Acquisition Regulatory Council shall
amend the Federal Acquisition Regulation--
(1) to prohibit the awarding of Federal contracts to
enemies of the United States; and
(2) to provide that any Federal contract with an enemy of
the United States shall be null and void and may be immediately
terminated or rescinded by the head of the executive agency
concerned at no cost to the United States Government, including
any compensation otherwise due under termination for
convenience, termination for default, or other contract
provisions or provisions of law.
(b) Prohibition on Subcontracts.--The regulations prescribed under
subsection (a) shall prohibit the awarding of subcontracts under a
Federal contract to enemies of the United States, and shall include the
following requirements:
(1) Federal contracts shall include a contract clause
prohibiting the use of a subcontractor at any tier under the
contract that is an enemy of the United States.
(2) If the head of an executive agency determines that a
prime contractor has subcontracted at any tier under a Federal
contract with a contractor that is an enemy of the United
States, the contracting official shall--
(A) direct the prime contractor to terminate the
subcontract immediately with no further payment or
compensation to the subcontractor;
(B) notify the prime contractor that failure to
terminate the subcontract shall be grounds for default
on the prime contract; and
(C) take all necessary actions to ensure that no
further payments, including previously approved
payments and compensation otherwise due under
termination for convenience, termination for default,
or other contract provisions or provisions of law, are
made to the subcontractor.
(c) Intelligence Community and National Security Exception.--The
prohibitions under subsections (a) and (b) shall not apply to contracts
entered into by elements of the intelligence community in support of
intelligence activities or any other contract where national security
may be compromised.
(d) Monitoring of Terminated Contracts.--Not later than 90 days
after the date of the enactment of this Act, the Administrator for
Federal Procurement Policy shall direct the Administrator of General
Services to add a field to the Federal Awardee Performance and
Integrity Information System (``FAPIIS'') to record contracts voided or
otherwise terminated based on a determination that the contract, or any
subcontract under the contract, was with an enemy of the United States
as defined under section 2(1).
(e) Dissemination.--The Administrator for Federal Procurement
Policy, in coordination with the Secretary of Defense and the Secretary
of State, shall ensure that the regulations implementing this Act are
disseminated to all personnel affected and that all contractors are
made aware of this policy prior to contract awards.
SEC. 4. DETERMINATION OF ENEMY STATUS.
(a) Regulations.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall prescribe
regulations establishing a process for the heads of executive
agencies to make a determination that a party to a contract is
an enemy of the United States as defined under section 2(1).
(2) Elements.--The regulations prescribed under paragraph
(1) shall establish--
(A) a process for verifying the information on
which a determination under such paragraph is
sufficiently reliable;
(B) a process for protecting confidential sources;
(C) a process requiring the heads of executive
agencies to document the basis for determinations under
paragraph (1) and the information relied upon in making
such determinations; and
(D) a process for retaining such information for
possible review under section 5.
SEC. 5. DUE PROCESS PROCEDURE.
(a) In General.--Any contractor whose contract is voided or
otherwise terminated under the procedures prescribed pursuant to
section 3 may utilize the procedures established under chapter 71 of
title 41, United States Code, except that the only basis for a claim
under these procedures is that the contractor is not an enemy of the
United States as defined under section 2(1).
(b) Protection of National Security.--The regulations established
under chapter 71 of title 41, United States Code, shall be amended to
provide for the protection of national security as appropriate when a
claim is submitted under subsection (a).
SEC. 6. APPLICABILITY.
This Act and the amendments made pursuant to this Act shall apply
with respect to contracts entered into on or after the date of the
enactment of this Act. | No Contracting with the Enemy Act of 2011 - Requires the Federal Acquisition Regulatory Council to amend the Federal Acquisition Regulation (FAR) to prohibit the awarding of a federal contract to an enemy of the United States and to provide that any such contract shall be null and void and may be immediately terminated or rescinded. Extends similar prohibitions to subcontracts. Defines "enemy of the United States" as any person or organization determined by the Secretary of Defense or State to be hostile to U.S. forces or interests or providing support to any person or organization hostile to U.S. forces or interests during the time of a declared war, peacekeeping operation, or other military or contingency operation. | {"src": "billsum_train", "title": "A bill to require the rescission or termination of Federal contracts and subcontracts with enemies of the United States."} | 1,324 | 166 | 0.681993 | 1.895254 | 0.832904 | 5.285714 | 9.650794 | 0.920635 |
SECTION 1. IMPROVED RISK MANAGEMENT EDUCATION.
Title IV of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7621 et seq.) is amended by adding at the
end the following new section:
``SEC. 409. IMPROVED RISK MANAGEMENT EDUCATION FOR AGRICULTURAL
PRODUCERS.
``(a) Program Required.--The Secretary of Agriculture shall carry
out a program to improve the risk management skills of agricultural
producers, including the owners and operators of small farms, limited
resource producers, and other targeted audiences, to make informed risk
management decisions. The program is designed to assist producers to
develop the skills necessary--
``(1) to understand the financial health and capability of
the producer's operation to withstand price fluctuations,
adverse weather, environmental impacts, diseases, family
crises, and other risks;
``(2) to understand marketing alternatives, how various
commodity markets work, the use of crop insurance products, and
the price risk inherent in various markets; and
``(3) to understand legal, governmental, environmental, and
human resource issues that impact the producer's operation.
``(b) Coordinating Centers.--
``(1) Establishment and purpose.--The Secretary shall
establish a Risk Management Education Coordinating Center in
each of five regions of the United States to administer and
coordinate the provision of risk management education to
producers and their families under the program in that region.
``(2) Site selection.--The Secretary shall locate the
Center for a region at an existing risk management education
coordinating office of the Cooperative State Research,
Education, and Extension Service or at an appropriate
alternative land-grant college in the region approved by the
Cooperative State Research, Education, and Extension Service.
To be selected as the location for a Center, a land-grant
college must have the demonstrated capability and capacity to
carry out the program priorities, funding distribution, and
reporting requirements of the program.
``(c) Coordinating Council.--Each Center shall establish a
coordinating council to assist in establishing the funding and program
priorities for that region. The council shall consist of a minimum of
five members, including representatives from the following sources:
``(1) Public organizations.
``(2) Private organizations.
``(3) Agricultural producers.
``(4) The Regional Service Offices of the Risk Management
Agency in that region.
``(d) Center Activities.--
``(1) Instruction for risk management professionals.--Each
Center shall coordinate the offering of intensive risk
management instructional programs, involving classroom, distant
learning, and field training work, for professionals who work
with agricultural producers. These professionals include--
``(A) extension specialists;
``(B) county extension faculty;
``(C) private service providers; and
``(D) other individuals who are involved in
providing risk management education.
``(2) Education programs for producers.--Each Center shall
coordinate the provision of educational programs, including
workshops, short courses, seminars, and distant-learning
modules, to improve the risk management skills of agricultural
producers and their families.
``(3) Development and dissemination of materials.--Each
Center shall coordinate the efforts to develop new risk
management education materials and the dissemination of such
materials.
``(4) Coordination of resources.--Each Center shall make
use of available and emerging risk management information,
materials, and delivery systems, after careful evaluation of
the content and suitability of the information, materials, and
delivery systems for producers and their families. The Centers
shall use available expertise from land-grant colleges,
nongovernmental organizations, government agencies, and the
private sector to assist in conducting this evaluation.
``(e) Grants.--
``(1) Special grants.--Each Center shall reserve a portion
of the funds provided under this section to make special grants
to land-grant colleges and private entities in the region to
conduct one or more of the activities described in subsection
(d).
``(2) Competitive grants.--Each Center shall also reserve a
portion of the funds provided under this section to conduct a
competitive grant program to award grants to both public and
private entities that have a demonstrated capability to conduct
one or more of the activities described in subsection (d).
``(f) National Agriculture Risk Education Library.--The National
Agriculture Risk Education Library is a central focus for the
coordination and distribution of risk management educational materials.
The Library shall serve as a means for the electronic delivery of risk
management information and materials.
``(g) Funding Provisions.--
``(1) Authorization of appropriations.--There is authorized
to be appropriated $30,000,000 for fiscal year 2001 and each
subsequent fiscal year to carry out this section.
``(2) Distribution.--Funds appropriated to carry out this
section for a fiscal year shall be equally distributed among
the Centers, except that 2.5 percent of such funds shall be
distributed to the National Agriculture Risk Education Library.
The land-grant college at which a Center is located shall be
responsible for administering and disbursing such funds, in
accordance with applicable State and Federal financial
guidelines, for activities authorized by this section.
``(3) Prohibition on construction.--Centers shall be
located in existing facilities. Funds provided under this
section to a Center or as a grant under subsection (e) may not
be used to carry out facility construction.
``(h) Evaluation.--The Secretary, acting through the Cooperative
State Research, Education, and Extension Service, shall evaluate the
activities of the Centers to determine whether the risk management
skills of agricultural producers and their families are improved as a
result of their participation in educational activities financed using
funds appropriated pursuant to the authorization of appropriations in
subsection (g).
``(i) Land-Grant College Defined.--In this section, the term `land-
grant college' means any 1862 Institution, 1890 Institution, or 1994
Institution.''. | Directs the Secretary to establish a Risk Management Education Coordinating Center in each of five designated regions, to be located at an existing risk management education coordinating office or a land-grant college. Directs each Center to: (1) establish a coordinating council; (2) coordinate instructional programs, information dissemination, and resources; and (3) reserve funds for special and competitive grants to land-grant colleges and private entities to conduct such activities States that the National Agriculture Risk Education Library shall serve as a means for the electronic delivery of risk management information and materials.
Authorizes appropriations.
Directs the Secretary, through the Cooperative State Research, Education, and Extension Service, to evaluate activities of the Centers. | {"src": "billsum_train", "title": "To amend the Agricultural Research, Extension, and Education Reform Act of 1998 to establish an educational program to improve the risk management skills of agricultural producers."} | 1,290 | 148 | 0.641101 | 1.773412 | 0.779053 | 4.137681 | 8.927536 | 0.949275 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cache La Poudre River National
Heritage Area Act of 2009''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Cache La Poudre River National Heritage Area established by
section 3(a).
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the Poudre Heritage Alliance, the
local coordinating entity for the Heritage Area designated by
section 3(d).
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area required under
section 5(a).
(4) Map.--The term ``map'' means the map entitled ``Cache
La Poudre River National Heritage Area'', numbered 960/80,003,
and dated April, 2004.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Colorado.
SEC. 3. CACHE LA POUDRE RIVER NATIONAL HERITAGE AREA.
(a) Establishment.--There is established in the State the Cache La
Poudre River National Heritage Area.
(b) Boundaries.--The Heritage Area shall consist of the area
depicted on the map.
(c) Map.--The map shall be on file and available for public
inspection in the appropriate offices of--
(1) the National Park Service; and
(2) the local coordinating entity.
(d) Local Coordinating Entity.--The local coordinating entity for
the Heritage Area shall be the Poudre Heritage Alliance, a nonprofit
organization incorporated in the State.
SEC. 4. ADMINISTRATION.
(a) Authorities.--To carry out the management plan, the Secretary,
acting through the local coordinating entity, may use amounts made
available under this Act--
(1) to make grants to the State (including any political
subdivision of the State), nonprofit organizations, and other
individuals;
(2) to enter into cooperative agreements with, or provide
technical assistance to, the State (including any political
subdivision of the State), nonprofit organizations, and other
interested parties;
(3) to hire and compensate staff, which shall include
individuals with expertise in natural, cultural, and historical
resource protection, and heritage programming;
(4) to obtain funds or services from any source, including
funds or services that are provided under any other Federal law
or program;
(5) to enter into contracts for goods or services; and
(6) to serve as a catalyst for any other activity that--
(A) furthers the purposes and goals of the Heritage
Area; and
(B) is consistent with the approved management
plan.
(b) Duties.--The local coordinating entity shall--
(1) in accordance with section 5, prepare and submit to the
Secretary a management plan for the Heritage Area;
(2) assist units of local government, regional planning
organizations, and nonprofit organizations in carrying out the
approved management plan by--
(A) carrying out programs and projects that
recognize, protect, and enhance important resource
values located in the Heritage Area;
(B) establishing and maintaining interpretive
exhibits and programs in the Heritage Area;
(C) developing recreational and educational
opportunities in the Heritage Area;
(D) increasing public awareness of, and
appreciation for, the natural, historical, scenic, and
cultural resources of the Heritage Area;
(E) protecting and restoring historic sites and
buildings in the Heritage Area that are consistent with
Heritage Area themes;
(F) ensuring that clear, consistent, and
appropriate signs identifying points of public access,
and sites of interest, are posted throughout the
Heritage Area; and
(G) promoting a wide range of partnerships among
governments, organizations, and individuals to further
the Heritage Area;
(3) consider the interests of diverse units of government,
businesses, organizations, and individuals in the Heritage Area
in the preparation and implementation of the management plan;
(4) conduct meetings open to the public at least
semiannually regarding the development and implementation of
the management plan;
(5) for any year for which Federal funds have been received
under this Act--
(A) submit an annual report to the Secretary that
describes the activities, expenses, and income of the
local coordinating entity (including grants to any
other entities during the year that the report is
made);
(B) make available to the Secretary for audit all
records relating to the expenditure of the funds and
any matching funds; and
(C) require, with respect to all agreements
authorizing expenditure of Federal funds by other
organizations, that the organizations receiving the
funds make available to the Secretary for audit all
records concerning the expenditure of the funds; and
(6) encourage by appropriate means economic viability that
is consistent with the Heritage Area.
(c) Prohibition on the Acquisition of Real Property.--The local
coordinating entity shall not use Federal funds made available under
this Act to acquire real property or any interest in real property.
SEC. 5. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the local coordinating entity shall submit to the
Secretary for approval a proposed management plan for the Heritage
Area.
(b) Requirements.--The management plan shall--
(1) incorporate an integrated and cooperative approach for
the protection, enhancement, and interpretation of the natural,
cultural, historic, scenic, educational, and recreational
resources of the Heritage Area;
(2) take into consideration State and local plans;
(3) include--
(A) an inventory of the resources located in the
Heritage Area;
(B) comprehensive policies, strategies, and
recommendations for conservation, funding, management,
and development of the Heritage Area;
(C) a description of actions that governments,
private organizations, and individuals have agreed to
take to protect the natural, cultural, historic,
scenic, educational, and recreational resources of the
Heritage Area;
(D) a program of implementation for the management
plan by the local coordinating entity that includes a
description of--
(i) actions to facilitate ongoing
collaboration among partners to promote plans
for resource protection, restoration, and
construction; and
(ii) specific commitments for
implementation that have been made by the local
coordinating entity or any government,
organization, or individual for the first 5
years of operation;
(E) the identification of sources of funding for
carrying out the management plan;
(F) analysis and recommendations for means by which
local, State, and Federal programs, including the role
of the National Park Service in the Heritage Area, may
best be coordinated to carry out this Act; and
(G) an interpretive plan for the Heritage Area; and
(4) recommend policies and strategies for resource
management that consider and detail the application of
appropriate land and water management techniques, including the
development of intergovernmental and interagency cooperative
agreements to protect the natural, cultural, historic, scenic,
educational, and recreational resources of the Heritage Area.
(c) Deadline.--If a proposed management plan is not submitted to
the Secretary by the date that is 3 years after the date of enactment
of this Act, the local coordinating entity shall be ineligible to
receive additional funding under this Act until the date on which the
Secretary approves a management plan.
(d) Approval or Disapproval of Management Plan.--
(1) In general.--Not later than 180 days after the date of
receipt of the management plan under subsection (a), the
Secretary, in consultation with the State, shall approve or
disapprove the management plan.
(2) Criteria for approval.--In determining whether to
approve the management plan, the Secretary shall consider
whether--
(A) the local coordinating entity is representative
of the diverse interests of the Heritage Area,
including governments, natural and historic resource
protection organizations, educational institutions,
businesses, and recreational organizations;
(B) the local coordinating entity has afforded
adequate opportunity, including public hearings, for
public and governmental involvement in the preparation
of the management plan; and
(C) the resource protection and interpretation
strategies contained in the management plan, if
implemented, would adequately protect the natural,
cultural, historic, scenic, educational, and
recreational resources of the Heritage Area.
(3) Action following disapproval.--If the Secretary
disapproves the management plan under paragraph (1), the
Secretary shall--
(A) advise the local coordinating entity in writing
of the reasons for the disapproval;
(B) make recommendations for revisions to the
management plan; and
(C) not later than 180 days after the date of
receipt of any proposed revision of the management plan
from the local coordinating entity, approve or
disapprove the proposed revision.
(4) Amendments.--
(A) In general.--The Secretary shall approve or
disapprove each amendment to the management plan that
the Secretary determines would make a substantial
change to the management plan.
(B) Use of funds.--The local coordinating entity
shall not use Federal funds authorized to be
appropriated by this Act to carry out any amendments to
the management plan until the Secretary has approved
the amendments.
SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES.
(a) In General.--Nothing in this Act affects the authority of a
Federal agency to provide technical or financial assistance under any
other law (including regulations).
(b) Consultation and Coordination.--To the maximum extent
practicable, the head of any Federal agency planning to conduct
activities that may have an impact on the Heritage Area is encouraged
to consult and coordinate the activities with the Secretary and the
local coordinating entity.
(c) Other Federal Agencies.--Nothing in this Act--
(1) modifies, alters, or amends any law (including any
regulation) authorizing a Federal agency to manage Federal land
under the jurisdiction of the Federal agency;
(2) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(3) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.
Nothing in this Act--
(1) abridges the rights of any public or private property
owner, including the right to refrain from participating in any
plan, project, program, or activity conducted within the
Heritage Area;
(2) requires any property owner--
(A) to permit public access (including access by
Federal, State, or local agencies) to the property of
the property owner; or
(B) to modify public access or use of property of
the property owner under any other Federal, State, or
local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State, or local agency;
(4) conveys any land use or other regulatory authority to
the local coordinating entity;
(5) authorizes or implies the reservation or appropriation
of water or water rights;
(6) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the Heritage Area; or
(7) creates any liability, or affects any liability under
any other law (including regulations), of any private property
owner with respect to any individual injured on the private
property.
SEC. 8. EVALUATION; REPORT.
(a) In General.--Not later than 3 years before the date on which
authority for Federal funding terminates for the Heritage Area, the
Secretary shall--
(1) conduct an evaluation of the accomplishments of the
Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection (a)(1)
shall--
(1) assess the progress of the local coordinating entity
with respect to--
(A) accomplishing the purposes of this Act for the
Heritage Area; and
(B) achieving the goals and objectives of the
approved management plan for the Heritage Area;
(2) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the leverage and
impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the Heritage Area to identify the
critical components for sustainability of the Heritage Area.
(c) Report.--
(1) In general.--Based on the evaluation conducted under
subsection (a)(1), the Secretary shall prepare a report that
includes recommendations for the future role of the National
Park Service, if any, with respect to the Heritage Area.
(2) Required analysis.--If the report prepared under
paragraph (1) recommends that Federal funding for the Heritage
Area be reauthorized, the report shall include an analysis of--
(A) ways in which Federal funding for the Heritage
Area may be reduced or eliminated; and
(B) the appropriate time period necessary to
achieve the recommended reduction or elimination.
(3) Submission to congress.--On completion of the report,
the Secretary shall submit the report to--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
SEC. 9. FUNDING.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this Act $10,000,000, of which not more than
$1,000,000 may be made available for any fiscal year.
(b) Cost-Sharing Requirement.--The Federal share of the cost of any
activity carried out using any assistance made available under this Act
shall be 50 percent.
SEC. 10. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide assistance under this Act
terminates on the date that is 15 years after the date of enactment of
this Act.
SEC. 11. CONFORMING AMENDMENT.
The Cache La Poudre River Corridor Act (16 U.S.C. 461 note; Public
Law 104-323) is repealed. | Cache La Poudre River National Heritage Area Act of 2009 - Establishes the Cache La Poudre River National Heritage Area in Colorado. Designates the Poudre Heritage Alliance, a nonprofit, as the local coordinating entity for the Heritage Area. Requires the Alliance to prepare and submit a management plan for the Heritage Area. | {"src": "billsum_train", "title": "A bill to establish the Cache La Poudre River National Heritage Area, and for other purposes."} | 2,964 | 73 | 0.668682 | 1.760643 | 1.163022 | 4.649123 | 50.912281 | 0.964912 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness and Transparency in
Contracting Act of 2009''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
(2) the term ``parent company'', relating to a business
concern, means a person other than an individual that owns not
less than 51 percent of that business concern;
(3) the terms ``small business concern'', ``small business
concern owned and controlled by veterans'', ``small business
concern owned and controlled by service-disabled veterans'',
and ``small business concern owned and controlled by women''
have the meanings given those terms in section 3 of the Small
Business Act (15 U.S.C. 632), as amended by this Act; and
(4) the term ``small business concern owned and controlled
by socially and economically disadvantaged individuals'' has
the meaning given that term in section 8(d)(3)(C) of the Small
Business Act (15 U.S.C. 637(d)(3)(C)).
SEC. 3. PURPOSE.
The purpose of this Act is to modify the definitions relating to
whether a business concern qualifies as a small business concern, to
establish additional requirements that ensure that no publically traded
business concern, subsidiary of a publically traded business concern,
foreign-owned business concern, or subsidiary of a foreign-owned
business concern is considered a small business concern for the purpose
of Federal Government contracting and subcontracting, including for
procurement goals.
SEC. 4. DEFINITION OF SMALL BUSINESS CONCERN AND STATUS REVIEW.
Section 3(a) of the Small Business Act (15 U.S.C. 632(a)) is
amended by adding at the end the following:
``(5) Independently Owned and Operated.--
``(A) In general.--In this subsection, the term
`independently owned and operated' does not include a business
concern--
``(i) that is--
``(I) an issuer of a class of securities
registered or that is required to be registered
pursuant to section 12 of the Securities
Exchange Act of 1934 (15 U.S.C. 78l) or that is
required to file reports pursuant to section
15(d) of that Act (15 U.S.C. 78o(d)); or
``(II) owned by an issuer of a class of
securities registered or that is required to be
registered pursuant to section 12 of the
Securities Exchange Act of 1934 (15 U.S.C. 78l)
or that is required to file reports pursuant to
section 15(d) of that Act (15 U.S.C. 78o(d));
or
``(ii) more than 50 percent of which is owned,
directly or indirectly, by one or more individuals that
are not United States citizens.
``(B) Entities.--In determining ownership of a business
concern, any interest in the business concern that is owned by
a person that is not an individual (including a corporation,
partnership, estate or trust) shall be considered owned
proportionately by or for the individuals that own that
person.''.
SEC. 5. NOTIFICATION.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Administrator shall notify the head of each
Federal department or agency regarding this Act and the amendments made
by this Act.
(b) To Contractors.--Not later than 6 months after receiving notice
under subsection (a), the head of a Federal department or agency shall
notify any contractor of that department or agency regarding this Act
and the amendments made by this Act.
SEC. 6. REPORTING.
(a) In General.--Not later than 6 months after the end of each
fiscal year, the Administrator shall publish a report regarding prime
contracts with the Federal Government awarded to business concerns that
were identified as small business concerns for the purposes of
achieving the small business contracting goals of the Federal
Government during the previous fiscal year.
(b) Contents.--
(1) In general.--Each report under subsection (a) shall,
for the fiscal year before the year in which that report is
published, include--
(A) the name of each small business concern, small
business concern owned and controlled by socially and
economically disadvantaged individuals, small business
concern owned and controlled by women, small business
concern owned and controlled by veterans, and small
business concern owned and controlled by service-
disabled veterans that was awarded a prime contract
with the Federal Government; and
(B) for each small business concern described in
subparagraph (A), the total dollar amount of prime
contracts with the Federal Government awarded to that
small business concern in descending order.
(2) Parent companies.--If a small business concern
described in paragraph (1)(A) has a parent company, the
Administrator shall report information relating to any prime
contract with the federal government of that small business
concern und the name of that parent company.
(c) Availability.--The Administrator shall make each report under
subsection (a) available on the website of the Administration in a
manner that is easily accessible by members of the public.
SEC. 7. LIST OF CONTRACTORS.
(a) In General.--Each Federal department and agency shall publish
on the website of that department or agency a list of each business
concern that received a contract award because that business concern
was identified as a small business concern.
(b) List Contents.--A list published under subsection (a) shall--
(1) list business concerns in the order of the total amount
in dollars of contracts between the Federal Government and that
business concern, beginning with the largest total value;
(2) include the total amount in dollars of contracts
between the Federal Government and each business concern on
such list; and
(3) include the name of any parent company of a business
concern on such list.
SEC. 8. CONTRACTING DATABASES.
The Administrator shall, by regulation, establish procedures to
ensure that the Central Contractor Registration database and any
successor database provide an adequate warning regarding criminal
penalties established under section 16(d) of the Small Business Act (15
U.S.C. 645(d)) for misrepresenting the status of a business concern or
person in order to obtain certain contracts with the Federal
Government.
SEC. 9. ENFORCEMENT.
(a) Complaints.--
(1) In general.--Any person may file a complaint with the
Administrator and the head of the affected department or agency
about the classification of a business concern as a small
business concern and the Administrator and the head of the
affected department or agency shall resolve any complaint filed
under this paragraph in a timely manner.
(2) Reports.--The Administrator shall annually submit to
Congress a report describing any complaints described in
paragraph (1) that were filed during the relevant year and the
resolution of any such complaint.
(b) Debarment.--The head of each Federal department or agency shall
issue or amend the contracting rules and regulations for that
department or agency to ensure that a business concern shall be
debarred from receiving a Federal contract for a period of not less
than 5 years if that business concern--
(1) fraudulently represents that it is a small business
concern as part of a bid for a small business contract with
that department or agency; or
(2) violates this Act or an amendment made by this Act. | Fairness and Transparency in Contracting Act of 2009 - Amends the Small Business Act to exclude as a small business, for purposes of meeting federal agency contracting goals with small businesses, any small business (or subsidiary thereof) that is publicly traded, or any business (or subsidiary thereof) with more than 50% non-U.S. citizen ownership. Requires the Administrator of the Small Business Administration (SBA) to notify the head of each federal department or agency regarding this Act and its amendments, and the department or agency head to then notify its contractors.
Directs the Administrator to: (1) publish a report regarding federal prime contracts awarded to businesses identified as small businesses for purposes of achieving small business contracting goals; and (2) establish procedures to ensure that the Central Contractor Registration database provides an adequate warning regarding criminal penalties for misrepresenting the status of a small business or person in order to obtain federal contracts.
Provides for enforcement of complaints about the classification of a business for such purposes. | {"src": "billsum_train", "title": "To amend the Small Business Act to ensure fairness and transparency in contracting with small business concerns."} | 1,651 | 211 | 0.525672 | 1.594775 | 0.91505 | 2.858639 | 7.921466 | 0.900524 |
SECTION 1. SHORT TITLE; REFERENCE.
(a) Short Title.--This Act may be cited as the ``Tobacco Health and
Safety Act''.
(b) Reference.--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 Federal Food, Drug, and Cosmetic Act.
SEC. 2. FINDINGS.
The Congress finds that--
(1) cigarette smoking and the use of smokeless tobacco
products continue to represent a major health hazard to the
American public,
(2) cigarette smoking continues to be the single most
preventable cause of death and disability in the United States,
(3) tobacco products contain hazardous tobacco additives,
gases, and other chemical constituents dangerous to health,
(4) the use of tobacco products cost the United States in
excess of $60,000,000,000 in lost productivity and health care
costs,
(5) tobacco products contain nicotine, a poisonous
addictive drug,
(6) the tobacco industry has maintained that smoking is an
adult practice and that smoking and the use of smokeless
tobacco is not a practice to be carried out by young people,
(7) 60 percent of all new smokers are under the age of 14
years of age,
(8) despite the known adverse health effects associated
with tobacco, it remains one of the least regulated consumer
products,
(9) in one year alone, 1990, the tobacco industry spent
more than $4,000,000,000 to promote and sell its products,
(10) the Congress of the United States has a major policy-
setting role in ensuring that the use of tobacco products is
discouraged to the maximum extent possible, and
(11) creation of a separate chapter for tobacco under the
Federal Food, Drug, and Cosmetic Act assures the most effective
means of regulating the product without the product being
banned.
SEC. 3. DEFINITIONS.
Section 201 (21 U.S.C. 321) is amended by adding at the end thereof
the following new paragraphs:
``(bb) The term `tobacco product' means cigarettes, cigars, little
cigars, pipe tobacco, smokeless tobacco, snuff, and chewing tobacco.
``(cc) The term `tobacco additive' means any substance the intended
use of which results or may reasonably be expected to result, directly
or indirectly, in its becoming a component or otherwise affecting the
characteristics of any tobacco product.
``(dd) The term `constituent' means any element of cigarette
mainstream or sidestream smoke which is present in quantities which
represent a potential health hazard or where health effect is unknown.
``(ee) The term `tar' means mainstream total articulate matter
minus nicotine and water.''.
SEC. 4. ENFORCEMENT.
Section 301 (21 U.S.C. 331) is amended by adding at the end thereof
the following new subsection:
``(t) The sale or distribution of tobacco products in violation of
section 701 and the manufacture, importation, or packaging of tobacco
products in violation of section 705.''.
SEC. 5. REGULATION.
(a) Regulation.--The Federal Food, Drug, and Cosmetic Act is
amended by redesignating chapters VII, VIII, and IX as chapters VIII,
IX, and X, respectively, and by adding after chapter VI the following:
``CHAPTER VII--TOBACCO PRODUCTS
``prohibited acts
``Sec. 701. (a) It shall be unlawful for a tobacco product intended
for use by man which contains nicotine or tobacco additives or, because
of its pharmacological and toxicological effects or other potentiality
for harmful effects, presents risks to health--
``(1) to be sold to any person under the age of 18 years or
under such other age, greater than 18, as the State in which
the sale occurs may by law establish,
``(2) to be distributed if the product is misbranded as
prescribed by section 702,
``(3) to be distributed if the product is adulterated as
prescribed by section 703, or
``(4) to be distributed as a free sample or to be made
available as the result of coupons or other materials which
allow for the obtaining of free or discounted tobacco products.
``(b)(1) In carrying out the requirements of subsection (a)(1),
States shall enact such laws and promulgate such regulations as may be
necessary to ensure compliance.
``(2) If the Secretary finds that--
``(A) the implementation and enforcement of State laws and
regulations is insufficient to require compliance with the
requirement of subsection (a)(1), and
``(B) Federal regulation will provide the only reasonable
assurance of the inaccessibility of tobacco products to those
who are lawfully prohibited from purchasing such products, the
Secretary may, to assist in enforcing such requirement, by
regulation impose requirements on the form, manner, or location
of the sale of tobacco products in such State or on any
combination of such aspects of the sale of tobacco products. A
tobacco product which is sold or distributed in violation of
subsection (a)(1) or (a)(4) shall be considered a misbranded
tobacco product.
``misbranded tobacco products
``Sec. 702. (a) A tobacco product shall be deemed to be
misbranded--
``(1) if its labeling is false or misleading in any
particular,
``(2) if the labeling fails to contain the statements
required by section 4 of the Cigarette Labeling and Advertising
Act (15 U.S.C. 1333) and the Comprehensive Smokeless Tobacco
Health Education Act (15 U.S.C. 4401 et. seq.),
``(3) if the labeling fails to contain the statement
`Federal Law Prohibits Sale to Minors' in a prominent and
conspicuous place as prescribed by regulation by the Secretary,
``(4) if in package form, unless it bears a label
containing--
``(A) the name and place of business of the
manufacturer, packer, or distributor, and
``(B) an accurate statement of the quantity of the
contents in terms of weight, measure, or numerical
count,
except that under regulations of the Secretary reasonable
variations from the requirements of this paragraph shall be
permitted and exemptions from such requirements for small
packages shall be established,
``(5) if the manufacturer, importer, or packager of the
product does not provide the list of tobacco additives
contained in the product in accordance with section 704(a),
``(6) if it does not disclose the tobacco additives
contained in the product as required under section 704(b), or
``(7) if it does not disclose tar, nicotine, carbon
monoxide, and other constituents as required under section 705.
``(b) The Secretary may by regulation require that the manufacturer
of tobacco products provide consumers of tobacco products with
additional information, by way of additional labeling of packages,
requiring inserts or other means, about the adverse effects of tobacco
products, adequate warnings and directions for use, contraindications,
adequate warnings against use in pathological conditions, and any
information deemed necessary by the Secretary.
``(c)(1) Nothing in this chapter or the Federal Cigarette Labeling
and Advertising Act (15 U.S.C. 1333 et seq.) shall prohibit a
manufacturer of tobacco products from providing consumers with
information about the adverse effects of tobacco products in addition
to the information they are required to provide pursuant to this
chapter and the Federal Cigarette Labeling and Advertising Act (15
U.S.C. 1333 et seq.).
``(2) The Secretary shall have the authority to modify existing
warning labels as required by the Federal Cigarette Labeling and
Advertising Act and the Comprehensive Smokeless Tobacco Health
Education Act so long as such modifications do not weaken the health
message contained in such warnings.
``adulterated tobacco products
``Sec. 703. A tobacco product shall be deemed to be adulterated--
``(1) if the level of any tobacco additive contained in the
product is in violation of a requirement under section 704(b),
``(2) if the nicotine, tar, carbon monoxide, or other
harmful constituent level has not been established under
section 705,
``(3) if it bears or contains any added poisonous or
deleterious substance which may render it injurious to health,
``(4) if it contains in whole or in part any filthy,
putrid, or decomposed substance,
``(5) if it has been prepared, packed, or held under
unsanitary conditions whereby it may have become contaminated
with filth or whereby it may have been rendered injurious to
health, or
``(6) if its container or packaging is composed in whole or
in part of any poisonous or deleterious substance which may
render the contents injurious to health.
``tobacco additives
``Sec. 704. (a) It shall be unlawful for any person to manufacture,
import, or package for sale or distribution within the United States
any tobacco product unless such person has provided to the Secretary a
complete list of each tobacco additive used in the manufacture of such
tobacco product and the relative quantity of such additive.
``(b)(1) The Secretary shall by regulation prescribe any disclosure
requirements on packages of tobacco products or by any other means in
order to adequately inform the public of the tobacco additives
contained in tobacco products.
``(2) If the Secretary determines that any tobacco additive in a
tobacco product, either by itself or in conjunction with any other
additive, is unsafe and presents unnecessary increased risks to health,
the Secretary may require that such levels of the tobacco additive in
the tobacco product be reduced or that it be prohibited from use. The
Secretary may make such a determination only with the advice of experts
qualified by scientific training and experience to evaluate the safety
of tobacco additives.
``nicotine, tar, carbon monoxide, and other constituents
``Sec. 705. (a) It shall be unlawful for any person to manufacture,
import, or package for sale or distribution within the United States
any tobacco product unless such person has provided the Secretary with
a complete list of all brands of such tobacco products and until such
products have been tested by the Secretary to establish the tar,
nicotine, carbon monoxide, and other constituent (as determined by the
Secretary) levels for each brand.
``(b) The Secretary may by regulation prescribe any disclosure
requirements on packages of tobacco products or by any other means to
adequately inform the public of the quantities and levels of nicotine,
tar, carbon monoxide, or other constituents and initiate and carry out
any educational activities to adequately inform the public that any
reduced levels of nicotine, tar, carbon monoxide, or other constituents
do not necessarily constitute a reduced health risk.
``reports
``Sec. 706. The Secretary shall report annually to the Committee on
Energy and Commerce of the House of Representatives and the Committee
on Labor and Human Resources of the Senate on--
``(1) the use of tobacco additives in tobacco products,
including a list of tobacco additives which have been
prohibited from use in tobacco products,
``(2) the levels of nicotine, tar, carbon monoxide, and
other potentially harmful constituents in tobacco products or
tobacco smoke and any actions the Secretary has taken to reduce
the levels of these constituents, and
``(3) any legislative recommendations that would further
reduce the risk to health associated with the use of tobacco
products, tobacco additives, nicotine, tar, or other
potentially harmful constituents.''.
(b) Conforming Amendments.--Sections 701 through 709 are
redesignated as sections 801 through 809, respectively, sections 801
and 802 are redesignated as sections 901 and 902, respectively, and
sections 901 and 902 are redesignated as sections 1001 and 1002,
respectively.
SEC. 6. WARNING LABELS.
Section 4(a) of the Federal Cigarette Labeling and Advertising Act
(15 U.S.C. 1333(a)) is amended by striking out in paragraphs (1), (2),
and (3) the phrase ``surgeon general's warning: Cigarette Smoke
Contains Carbon Monoxide,'' and inserting in lieu thereof the
following: ``surgeon general's warning: Smoking is Addictive. Once you
start you may not be able to stop.''
SEC. 7. NONTOBACCO NICOTINE CONTAINING PRODUCTS.
Any product which contains nicotine but does not meet the
definition of tobacco products as contained in section 201(bb) of the
Federal Food, Drug, and Cosmetic Act shall be deemed to be a drug under
section 201(g)(1)(C) of such Act.
SEC. 8. MISCELLANEOUS.
(a) Construction.--Nothing in the amendment made by section 5 shall
supersede, repeal, or modify any requirement of the Federal Cigarette
Labeling and Advertising Act (15 U.S.C. 1333), and the Comprehensive
Smokeless Tobacco Health Education Act (15 U.S.C. 4401 et. seq.).
(b) Effective Date.--The amendments made by this Act shall be
effective 6 months after date of enactment. | Tobacco Health and Safety Act - Amends the Federal Food, Drug, and Cosmetic Act to create a new chapter on tobacco products. Prohibits the distribution of free samples of tobacco products. Restricts sales of such products to minors. Prohibits sales unless there is disclosure of the tobacco additives in the product, as well as of tar, nicotine, carbon monoxide, and other constituents of the product. Revises the Surgeon General's warning message on tobacco products. | {"src": "billsum_train", "title": "Tobacco Health and Safety Act"} | 2,909 | 112 | 0.480168 | 1.138848 | 0.559251 | 2.94382 | 30.438202 | 0.853933 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arrest Methamphetamine Act of
2005''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Methamphetamine (meth) is an extremely dangerous and
highly addictive drug.
(2) Methamphetamine use contributes to the perpetration of
violent crimes, particularly burglary, child abuse, and crimes
of substantial cost and personal pain to the victims, including
identity theft.
(3) Methamphetamine labs produce hazardous conditions
because of their use of chemicals such as anhydrous ammonia,
ether, sulfuric acid, and other toxins which are volatile,
corrosive and poisonous. When these substances are illegally
disposed of in rivers, streams, and other dump areas,
explosions and serious environmental damage can and does
result.
(4) Since 2001, Federal funding has been provided through
the Department of Justice COPS and Byrne Grant programs to
address methamphetamine enforcement and clean up. Since 2002,
although the methamphetamine problem has been growing and
spreading across the United States, COPS funding has been cut
each successive year, from $70,500,000 in 2002, to under
$52,000,000 in 2005.
(5) As methamphetamine has impacted more States each year,
the dwindling Federal funds have been parsed into smaller
amounts. Each State deserves greater Federal support and a
permanent funding mechanism to confront the challenging problem
of methamphetamine abuse.
(6) Permanent Federal funding support for meth enforcement
and clean-up is critical to the efforts of State and local law
enforcement to reduce the use, manufacture, and sale of
methamphetamine, and thus, reduce the crime rate.
(7) It is necessary for the Federal Government to establish
a long-term commitment to confronting methamphetamine use,
sale, and manufacture by creating a permanent funding mechanism
to assist States.
SEC. 3. CONFRONTING THE USE OF METHAMPHETAMINE.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3711 et seq.) is amended by adding at the end the following:
``PART HH--CONFRONTING USE OF METHAMPHETAMINE
``SEC. 2991. AUTHORITY TO MAKE GRANTS TO ADDRESS PUBLIC SAFETY AND
METHAMPHETAMINE MANUFACTURING, SALE, AND USE.
``(a) Purpose and Program Authority.--
``(1) Purpose.--It is the purpose of this part to assist
States--
``(A) to carry out programs to address the
manufacture, sale, and use of methamphetamine drugs;
and
``(B) to improve the ability of State and local
government institutions of to carry out such programs.
``(2) Grant authorization.--The Attorney General, through
the Bureau of Justice Assistance in the Office of Justice
Programs may make grants to States to address the manufacture,
sale, and use of methamphetamine to enhance public safety.
``(3) Grant projects to address methamphetamine manufacture
sale and use.--Grants made under subsection (a) may be used for
programs, projects, and other activities to--
``(A) arrest individuals violating laws related to
the use, manufacture, or sale of methamphetamine;
``(B) undertake methamphetamine clandestine lab
seizures and environmental clean up;
``(C) provide for community-based education,
awareness, and prevention;
``(D) provide child support and family services
related to assist users of methamphetamine and their
families;
``(E) facilitate intervention in methamphetamine
use;
``(F) facilitate treatment for methamphetamine
addiction;
``(G) provide Drug Court and Family Drug Court
services to address methamphetamine;
``(H) provide community policing to address the
problem of methamphetamine use;
``(I) support State and local health department and
environmental agency services deployed to address
methamphetamine;
``(J) prosecute violations of laws related to the
use, manufacture, or sale of methamphetamine; and
``(K) procure equipment, technology, or support
systems, or pay for resources, if the applicant for
such a grant demonstrates to the satisfaction of the
Attorney General that expenditures for such purposes
would result in the reduction in the use, sale, and
manufacture of methamphetamine.
``(b) Eligibility.--To be eligible to receive a grant under this
part, a State shall submit to the Attorney General assurances that the
State has implemented, or will implement prior to receipt of a grant
under this section laws, policies, and programs that restrict the
wholesale and limit sale of products used as precursors in the
manufacture of methamphetamine.
``SEC. 2992. APPLICATIONS.
``(a) In General.--No grant may be made under this part unless an
application has been submitted to, and approved by, the Attorney
General.
``(b) Application.--An application for a grant under this part
shall be submitted in such form, and contain such information, as the
Attorney General may prescribe by regulation or guidelines.
``(c) Contents.--In accordance with the regulations or guidelines
established by the Attorney General, each application for a grant under
this part shall--
``(1) include a long-term statewide strategy that--
``(A) reflects consultation with appropriate public
and private agencies, tribal governments, and community
groups;
``(B) represents an integrated approach to
addressing the use, manufacture, and sale of
methamphetamine that includes--
``(i) arrest and clandestine lab seizure;
``(ii) training for law enforcement, fire
and other relevant emergency services, health
care providers, and child and family service
providers;
``(iii) intervention;
``(iv) child and family services;
``(v) treatment;
``(vi) drug court;
``(vii) family drug court;
``(viii) health department support;
``(ix) environmental agency support;
``(x) prosecution; and
``(xi) evaluation of the effectiveness of
the program and description of the efficacy of
components of the program for the purpose of
establishing best practices that can be widely
replicated by other States; and
``(C) where appropriate, incorporate Indian Tribal
participation to the extent that an Indian Tribe is
impacted by the use, manufacture, or sale of
methamphetamine;
``(2) identify related governmental and community
initiatives which complement or will be coordinated with the
proposal;
``(3) certify that there has been appropriate coordination
with all affected State and local government institutions and
that the State has involved counties and other units of local
government, when appropriate, in the development, expansion,
modification, operation or improvement of programs to address
the use, manufacture, or sale of methamphetamine;
``(4) certify that the State will share funds received
under this part with counties and other units of local
government, taking into account the burden placed on these
units of government when they are required to address the use,
manufacture, or sale of methamphetamine;
``(5) assess the impact, if any, of the increase in police
resources on other components of the criminal justice system;
``(6) explain how the grant will be utilized to enhance
government response to the use, manufacture, and sale of
methamphetamine;
``(7) demonstrate a specific public safety need;
``(8) explain the applicant's inability to address the need
without Federal assistance;
``(9) specify plans for obtaining necessary support and
continuing the proposed program, project, or activity following
the conclusion of Federal support; and
``(10) certify that funds received under this part will be
used to supplement, not supplant, other Federal, State, and
local funds.
``SEC. 2993. PLANNING GRANTS.
``(a) Eligible Entity.--The Attorney General through the Bureau of
Justice Assistance in the Office of Justice Programs, may make grants
under this section to States, Indian tribal governments, and multi-
jurisdictional or regional consortia thereof to develop a
comprehensive, cooperative strategy to address the manufacture, sale,
and use of methamphetamine to enhance public safety.
``(b) Authorization.--The Attorney General is authorized to provide
grants under this section not exceeding $100,000 per eligible entity
for such entity to--
``(1) define the problem of the use, manufacture, or sale
of methamphetamine within the jurisdiction of the entity;
``(2) describe the public and private organization to be
involved in addressing methamphetamine use, manufacture, or
sale; and
``(3) describe the manner in which these organizations will
participate in a comprehensive, cooperative, and integrated
plan to address the use, manufacture, or sale of
methamphetamine.
``SEC. 2994. ENFORCEMENT GRANTS.
``Of the total amount appropriated for this part in any fiscal
year, the amount remaining after setting aside the amount to be
reserved to carry out section 2993 shall be allocated to States as
follows:
``(1) 0.25 percent or $250,000, whichever is greater, shall
be allocated to each of the States.
``(2) Of the total funds remaining after the allocation
under paragraph (1), there shall be allocated to each State an
amount which bears the same ratio to the amount of remaining
funds described in this paragraph as the population of such
State bears to the population of all the States.
``SEC. 2995. NATIONAL ACTIVITIES.
``The Attorney General is authorized--
``(1) to collect systematic data on the effectiveness of
the programs assisted under this part in reducing the use,
manufacture, and sale of methamphetamine;
``(2) to establish a national clearinghouse of information
on effective programs to address the use, manufacture, and sale
of methamphetamine that shall disseminate to State and local
agencies describing--
``(A) the results of research on efforts to reduce
the use, manufacture, and sale of methamphetamine; and
``(B) information on effective programs, best
practices and Federal resources to--
``(i) reduce the use, manufacture, and sale
of methamphetamine; and
``(ii) address the physical, social, and
family problems that result from the use of
methamphetamine through the activities of
intervention, treatment, drug courts, and
family drug courts;
``(3) to establish a program within the Department of
Justice to facilitate the sharing of knowledge in best
practices among States addressing the use, manufacture and sale
of methamphetamine through State-to-State mentoring, or other
means; and
``(4) to provide technical assistance to State agencies and
local agencies implementing programs and securing resources to
implement effective programs to reduce the use, manufacture,
and sale of methamphetamine.
``SEC. 2996. FUNDING.
``(a) Grants for the Purpose of Confronting the Use of
Methamphetamine.--There are authorized to be appropriated to carry out
this part--
``(1) $100,000,000 for each fiscal year 2006 and 2007; and
``(2) $200,000,000 for each fiscal year 2008, 2009, and
2010.
``(b) National Activities.--For the purposes of section 2995, there
are authorized to be appropriated such sums as are necessary.''.
SEC. 4. STATEMENT OF CONGRESS REGARDING AVAILABILITY AND ILLEGAL
IMPORTATION OF PSEUDOEPHEDRINE FROM CANADA.
(a) Findings.--Congress finds that--
(1) pseudoephedrine is a particularly abused basic
precursor chemical used in the manufacture of the dangerous
narcotic methamphetamine;
(2) the Federal Government, working in cooperation with
narcotics agents of State and local governments and the private
sector, has tightened the control of pseudoephedrine in the
United States in recent years;
(3) in many States, pseudoephedrine can only be purchased
in small quantity bottles or blister packs, and laws throughout
various States are gradually becoming tougher, reflecting the
increasing severity of America's methamphetamine problem;
however, the widespread presence of large containers of
pseudoephedrine from Canada at methamphetamine laboratories and
dumpsites in the United States, despite efforts of law
enforcement agencies to stem the flow of these containers into
the United States, demonstrates the strength of the demand for,
and the inherent difficulties in stemming the flow of, these
containers from neighboring Canada; and
(4) Canada lacks a comprehensive legislative framework for
addressing the pseudoephedrine trafficking problem.
(b) Call for Action by Canada.--Congress strongly urges the
President to seek commitments from the Government of Canada to begin
immediately to take effective measures to stem the widespread and
increasing availability in Canada and the illegal importation into the
United States of pseudoephedrine. | Arrest Methamphetamine Act of 2005 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General, through the Bureau of Justice Assistance (BJA), to make grants to States to address the manufacture, sale, and use of methamphetamine to enhance public safety, including for activities to: (1) arrest individuals violating methamphetamine related laws; (2) undertake methamphetamine clandestine lab seizures and environmental cleanup; (3) provide for community based education, awareness, and prevention; (4) provide child support and family services to assist methamphetamine users and their families; and (5) procure equipment, technology, or support systems, or pay for resources, where expenditures would result in reduction in methamphetamine use, sale, and manufacture. Sets forth application requirements.
Authorizes the Attorney General, through BJA, to make grants to States, Indian tribal governments, and multijurisdictional or regional consortia to develop a comprehensive, cooperative strategy to address the use, sale, and manufacture of methamphetamine. Allocates funding for enforcement.
Authorizes the Attorney General to: (1) collect systematic data on the effectiveness of programs assisted under this Act; (2) establish a national clearinghouse of information on effective programs for dissemination to State and local agencies; (3) establish a program within the Department of Justice to facilitate the sharing of best practices among States; and (4) provide technical assistance to State and local agencies.
Urges the President to seek commitments from the Canadian Government to take effective measures to stem the availability of pseudoephedrine in Canada and its illegal importation into the United States. | {"src": "billsum_train", "title": "A bill to arrest methamphetamine abuse in the United States."} | 2,944 | 365 | 0.599022 | 2.104263 | 0.783368 | 4.084691 | 8.576547 | 0.95114 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Action for Dental Health Act of
2015''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) More than 181 million Americans will not visit a
dentist even though nearly half of people over 30 suffer from
some form of gum disease and nearly one in four children under
the age of five already have cavities.
(2) Many volunteer dental projects sponsored by national,
State, and local dental societies provide free care now to
those most in need. Annually, dentists deliver an estimated
$2.6 billion in free and discounted care according to the
America's Dentists Care Foundation.
(3) It is estimated that emergency department (ED) charges
for dental complaints totaled up to $2.1 billion in 2010.
Nearly 80 percent of the dental emergency room visits were
nonurgent and could have been seen in a dental office. Shifting
those ED visits to a dental office translates into potential
cost savings of up to $1.7 billion a year and offers the
possibility of establishing a ``dental home'' for these
individuals.
(4) Seniors, especially those in nursing homes and long-
term care facilities, often have special dental needs and
complicated medical histories that require consultation between
dentists and fellow medical professionals in providing an
interdisciplinary approach to their overall health needs.
SEC. 3. VOLUNTEER DENTAL PROJECTS AND ACTION FOR DENTAL HEALTH PROGRAM.
Part B of title III of the Public Health Service Act is revised by
amending section 317M (42 U.S.C. 247b-14) as follows:
(1) by redesignating subsections (e) and (f) as (g) and
(h), respectively;
(2) by inserting after subsection (d), the following:
``(e) Grants To Support Volunteer Dental Projects.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, may
award grants to or enter into contracts with eligible entities
to obtain portable or mobile dental equipment, and pay for
appropriate operational costs, for the provision of free dental
services to underserved populations that are delivered in a
manner consistent with State licensing laws.
``(2) Eligible entity.--In this subsection, the term
`eligible entity' includes a State or local dental association,
a State oral health program, a dental education, dental hygiene
education, or postdoctoral dental education program accredited
by the Commission on Dental Accreditation, and a community-
based organization that partners with an academic institution,
that--
``(A) is exempt from tax under section 501(c) of
the Internal Revenue Code of 1986; and
``(B) offers a free dental services program for
underserved populations.
``(f) Action for Dental Health Program.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, may
award grants to or enter into contracts with eligible entities
to collaborate with State, county, or local public officials
and other stakeholders to develop and implement initiatives to
accomplish any of the following goals:
``(A) To improve oral health education and dental
disease prevention, including community-wide prevention
programs, use of dental sealants and fluoride varnish,
and increasing oral health literacy.
``(B) To make the health care delivery system
providing dental services more accessible and efficient
through the development and expansion of outreach
programs that will facilitate the establishment of
dental homes for children and adults, including the
aged, blind, and disabled populations.
``(C) To reduce geographic, language, cultural, and
similar barriers in the provision of dental services.
``(D) To help reduce the use of emergency
departments by those who seek dental services more
appropriately delivered in a dental primary care
setting.
``(E) To facilitate the provision of dental care to
nursing home residents who are disproportionately
affected by lack of care.
``(2) Eligible entity.--In this subsection, the term
`eligible entity' includes a State or local dental association,
a State oral health program, or a dental education, dental
hygiene, or postdoctoral dental education program accredited by
the Commission on Dental Accreditation, and a community-based
organization that partners with an academic institution, that--
``(A) is exempt from tax under section 501(c) of
the Internal Revenue Code of 1986; and
``(B) partners with public and private stakeholders
to facilitate the provision of dental services for
underserved populations.''; and
(3) in subsection (h), as redesignated by paragraph (1), by
striking ``fiscal years 2001 through 2005'' and inserting
``fiscal years 2016 through 2020''. | Action for Dental Health Act 2015 This bill amends the Public Health Service Act to reauthorize oral health promotion and disease prevention programs through FY2020. The Centers for Disease Control and Prevention (CDC) may award grants or enter into contracts to obtain portable or mobile dental equipment and pay operational costs for the provision of free dental services to underserved populations. The CDC may also award grants or enter into contracts to collaborate with state, county, or local public officials and other stakeholders to develop and implement initiatives to: (1) improve oral health education and dental disease prevention; (2) make the health care delivery system providing dental services more accessible and efficient through the development and expansion of outreach programs that facilitate the establishment of dental homes; (3) reduce geographic, language, cultural, and similar barriers in the provision of dental services; (4) reduce the use of emergency departments by those who seek dental services more appropriately delivered in a dental primary care setting; or (5) facilitate the provision of dental care to nursing home residents who are disproportionately affected by lack of care. | {"src": "billsum_train", "title": "Action for Dental Health Act of 2015"} | 1,037 | 214 | 0.558601 | 1.667987 | 1.015939 | 5.267943 | 4.736842 | 0.952153 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Children From Identity
Theft Act''.
SEC. 2. REDUCING IDENTITY FRAUD.
(a) Purpose.--The purpose of this section is to reduce the
prevalence of synthetic identity fraud, which disproportionally affects
vulnerable populations, such as minors and recent immigrants, by
facilitating the validation by permitted entities of fraud protection
data, pursuant to electronically received consumer consent, through use
of a database maintained by the Commissioner.
(b) Definitions.--In this section:
(1) Commissioner.--The term ``Commissioner'' means the
Commissioner of the Social Security Administration.
(2) Financial institution.--The term ``financial
institution'' has the meaning given the term in section 509 of
the Gramm-Leach-Bliley Act (15 U.S.C. 6809).
(3) Fraud protection data.--The term ``fraud protection
data'' means a combination of the following information with
respect to an individual:
(A) The name of the individual (including the first
name and any family forename or surname of the
individual).
(B) The Social Security number of the individual.
(C) The date of birth (including the month, day,
and year) of the individual.
(4) Permitted entity.--The term ``permitted entity'' means
a financial institution or a service provider, subsidiary,
affiliate, agent, subcontractor, or assignee of a financial
institution.
(c) Efficiency.--
(1) Reliance on existing methods.--The Commissioner shall
evaluate the feasibility of making modifications to any
database that is in existence as of the date of enactment of
this Act or a similar resource such that the database or
resource--
(A) is reasonably designed to effectuate the
purpose of this section; and
(B) meets the requirements of subsection (d).
(2) Execution.--The Commissioner shall make the
modifications necessary to any database that is in existence as
of the date of enactment of this Act or similar resource, or
develop a database or similar resource, to effectuate the
requirements described in paragraph (1).
(d) Protection of Vulnerable Consumers.--The database or similar
resource described in subsection (c) shall--
(1) compare fraud protection data provided in an inquiry by
a permitted entity against such information maintained by the
Commissioner in order to confirm (or not confirm) the validity
of the information provided;
(2) be scalable and accommodate reasonably anticipated
volumes of verification requests from permitted entities with
commercially reasonable uptime and availability;
(3) allow permitted entities to submit--
(A) one or more individual requests electronically
for real-time machine-to-machine (or similar
functionality) accurate responses; and
(B) multiple requests electronically, such as those
provided in a batch format, for accurate electronic
responses within a reasonable period of time from
submission, not to exceed 24 hours;
(4) be funded, including any appropriate upgrades,
maintenance, and associated direct and indirect administrative
costs, by users of the database or similar resource, in a
manner consistent with that described in section 1106(b) of the
Social Security Act (42 U.S.C. 1306(b)); and
(5) not later than 180 days after the date of enactment of
this Act, be fully operational.
(e) Certification Required.--Before providing confirmation of fraud
protection data to a permitted entity, the Commissioner shall ensure
that the Commissioner has a certification from the permitted entity
that is dated not more than 2 years before the date on which that
confirmation is provided that includes the following declarations:
(1) The entity is a permitted entity.
(2) The entity is in compliance with this section.
(3) The entity is, and will remain, in compliance with its
privacy and data security requirements, as described in title V
of the Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.), with
respect to information the entity receives from the
Commissioner pursuant to this section.
(4) The entity will retain sufficient records to
demonstrate its compliance with its certification and this
section for a period of not less than 2 years.
(f) Consumer Consent.--
(1) In general.--Notwithstanding any other provision of law
or regulation, a permitted entity may submit a request to the
database or similar resource described in subsection (c) only--
(A) pursuant to the written, including electronic,
consent received by a permitted entity from the
individual who is the subject of the request; and
(B) in connection with a credit transaction or any
circumstance described in section 604 of the Fair
Credit Reporting Act (15 U.S.C. 1681b).
(2) Electronic consent requirements.--For a permitted
entity to use the consent of an individual received
electronically pursuant to paragraph (1)(A), the permitted
entity must obtain the individual's electronic signature, as
defined in section 106 of the Electronic Signatures in Global
and National Commerce Act (15 U.S.C. 7006).
(3) Effectuating electronic consent.--No provision of law
or requirement, including section 552a of title 5, United
States Code, shall prevent the use of electronic consent for
purposes of this subsection or for use in any other consent
based verification under the discretion of the Commissioner.
(g) Compliance and Enforcement.--
(1) Audits and monitoring.--
(A) In general.--The Commissioner may--
(i) conduct audits and monitoring to--
(I) ensure proper use by permitted
entities of the database or similar
resource described in subsection (c);
and
(II) deter fraud and misuse by
permitted entities with respect to the
database or similar resource described
in subsection (c); and
(ii) terminate services for any permitted
entity that prevents or refuses to allow the
Commissioner to carry out the activities
described in clause (i).
(2) Enforcement.--
(A) In general.--Notwithstanding any other
provision of law, including the matter preceding
paragraph (1) of section 505(a) of the Gramm-Leach-
Bliley Act (15 U.S.C. 6805(a)), any violation of this
section and any certification made under this section
shall be enforced in accordance with paragraphs (1)
through (7) of such section 505(a) by the agencies
described in those paragraphs.
(B) Relevant information.--Upon discovery by the
Commissioner, pursuant to an audit described in
paragraph (1)(A), of any violation of this section or
any certification made under this section, the
Commissioner shall forward any relevant information
pertaining to that violation to the appropriate agency
described in subparagraph (A) for evaluation by the
agency for purposes of enforcing this section. | Protecting Children From Identity Theft Act This bill requires the Social Security Administration to develop a database to facilitate the verification of consumer information upon request by a certified financial institution. Such verification shall be provided only with the consumer's consent and in connection with a credit transaction. Users of the database shall pay system costs. | {"src": "billsum_train", "title": "Protecting Children From Identity Theft Act"} | 1,470 | 82 | 0.456049 | 1.212068 | 0.304897 | 2.034483 | 23.534483 | 0.827586 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patient Abuse Prevention Act''.
SEC. 2. ESTABLISHMENT OF NATIONAL REGISTRY OF ABUSIVE WORKERS.
(a) In General.--The Secretary shall establish, under the health
care fraud and abuse data collection program established under section
1128E of the Social Security Act (42 U.S.C. 1320a-7e), a registry to be
known as the ``National Registry of Abusive Workers'' (hereafter
referred to in this section as the ``Registry'') to collect and
maintain data on covered health care workers (as defined in subsection
(e)) who have been the subject of reports of patient abuse.
(b) Submission of Information by State Registries.--Each State
registry under sections 1819(e)(2) and 1919(e)(2) of the Social
Security Act (42 U.S.C. 1395i-3(e)(2) and 1396r(e)(2)) shall submit to
the Registry any existing or newly acquired information contained in
the State registry concerning covered health care workers who have been
the subject of confirmed findings of patient abuse.
(c) Submission of Information by State.--Each State shall report to
the Registry any existing or newly acquired information concerning the
identity of any covered health care worker who has been found to have
committed an abusive act involving a patient, including the identity of
any such worker who has been convicted of a Federal or State crime as
described in section 1128(a)(2)(A) of the Social Security Act (42
U.S.C. 1320a-7(a)(2)(A)). The State shall provide such workers with a
right to issue a statement concerning the submission of information to
the Registry under this subsection. Any information disclosed
concerning a finding of an abusive act shall also include disclosure of
any statement submitted by a worker in the registry relating to the
finding or a clear and accurate summary of such a statement.
(d) Submission of Information by Facilities.--Each covered health
care facility shall report to the State concerning a covered health
care worker who has been found to have engaged in an act of patient
abuse. The State shall, in accordance with the procedures described in
part 483 of title 42, Code of Federal Regulations (as in effect on July
1, 1995), conduct an investigation with respect to a report under this
subsection to determine the validity of such a report.
(e) Background Check.--
(1) Requirements.--
(A) In general.--Each covered health care facility
(as defined in subsection (f)), prior to employing a
covered health care worker, shall--
(i) in the case of a covered health care
worker who has not otherwise undergone a
criminal background check as part of the
licensing requirements of a State, as
determined under regulations promulgated by the
Secretary, provide for the conduct by the State
of a criminal background check (through an
existing State database (if any) and through
the Integrated Automated Fingerprint
Identification System) concerning such worker,
and provide the worker with prior written
notice of the requirement for such a background
check;
(ii) obtain from a covered health care
worker prior to employment a written
certification that such worker does not have a
criminal record, and that a finding of abuse
has not been made relating to such worker, that
would preclude such worker from carrying out
duties that require direct patient care; and
(iii) in the case of all such workers,
contact the State health care worker registries
established under sections 1819(e)(2) and
1919(e)(2) which shall also contact the
Registry for information concerning the worker.
(B) Imposition of fees.--A State may assess a
covered health care facility a fee for the conduct of a
criminal background check under subparagraph (A)(i) in
an amount that does not exceed the actual cost of the
conduct of the background check. Such a facility may recover from the
covered health care worker involved a fee in an amount equal to not
more than 50 percent of the amount of the fee assessed by the State for
the criminal background check.
(C) Effective date.--The requirement in
subparagraph (A)(i) shall become applicable on January
1, 1999, or on such earlier date as the Director of the
Federal Bureau of Investigation determines that the
Integrated Automated Fingerprint Identification System
has become operational.
(2) Probationary employment.--Each covered health care
facility shall provide a probationary period of employment for
a covered health care worker pending the completion of the
background checks required under paragraph (1)(A). Such
facility shall maintain direct supervision of the covered
health care worker during the worker's probationary period of
employment.
(3) Penalty.--
(A) In general.--A covered health care facility
that violates paragraph (1) or (2) shall be subject to
a civil penalty in an amount not to exceed--
(i) for the first such violation, $2,000;
and
(ii) for the second and each subsequent
violation within any 5-year period, $5,000.
(B) Knowing retention of worker.--In addition to
any civil penalty under subparagraph (A), a covered
health care facility that--
(i) knowingly continues to employ a covered
health care worker in violation of paragraph
(1) or (2) in a position involving direct
patient care; or
(ii) knowingly fails to report a covered
health care worker who has been determined to
have committed patient abuse;
shall be subject to a civil penalty in an amount not to
exceed $5,000 for the first such violation, and $10,000
for the second and each subsequent violation within any
5-year period.
(f) Definitions.--In this section:
(1) Covered health care facility.--The term ``covered
health care facility'' means--
(A) with respect to application under the medicare
program under title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.), a provider of services, as
defined in section 1861(u) of such Act (other than a
fund for purposes of sections 1814(g) and 1835(e));
(B) with respect to application under the medicaid
program under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.), any nursing facility, home health
agency, community-based residential facility, adult day
care center, adult family home, assisted living
facility, hospice program, hospital, treatment
facility, personal care worker agency, supportive home
care worker agency, board and care facility, or any
other entity that receives assistance or benefits under
the medicaid program under that title;
(C) a facility of the National Institutes of
Health;
(D) a facility of the Indian Health Service;
(E) a health center under section 330 of the Public
Health Service Act (42 U.S.C. 254b); and
(F) a hospital or other patient care facility owned
or operated under the authority of the Department of
Veterans Affairs or the Department of Defense.
(2) Covered health care worker.--The term ``covered health
care worker'' means any individual that has direct contact with
a patient of a covered health care facility under an employment
or other contract, or under a volunteer agreement, with such
facility. Such term includes individuals who are licensed or
certified by the State to provide such services, and non-
licensed individuals providing such services as defined by the
Secretary including nurse assistants, nurses aides, home health
aides, and personal care workers and attendants.
(3) Patient abuse.--The term ``patient abuse'' means any
incidence of abuse, neglect, mistreatment, or misappropriation
of property of a patient of a covered health care facility. The
terms ``abuse'', ``neglect'', ``mistreatment'', and
``misappropriation of property'' shall have the meanings given
such terms in part 483 of title 42, Code of Federal
Regulations.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(g) Consultation.--In carrying out this section the Secretary shall
consult with the Director of the Federal Bureau of Investigation.
(h) Regulations.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall promulgate regulations to
carry out this section. With respect to subsections (b) and (c), the
regulations shall call for the submission of information to the
Registry not later than 30 days after the date of a conviction or on
which a finding is made.
SEC. 3. EXCLUSION OF CERTAIN INDIVIDUALS FROM PARTICIPATION IN
PROGRAMS.
(a) Mandatory Lifetime Exclusion.--Section 1128(a) of the Social
Security Act (42 U.S.C. 1320a-7(a)) is amended by adding at the end the
following:
``(5) Criminal conviction.--Any individual or entity that
has been--
``(A) convicted, under Federal or State law, of a
criminal offense involving a crime against bodily
security, including homicide, battery, endangerment of
safety, sexual assault, child or elder abuse, and
spousal abuse; or
``(B) found to have--
``(i) knowingly continued to employ an
individual described in subparagraph (A) in a
position involving direct patient care; or
``(ii) knowingly failed to report an
individual who has been determined to have
committed a crime described in subparagraph
(A).''.
(b) Permissive Exclusion.--
(1) In general.--Section 1128(b) of the Social Security Act
(42 U.S.C. 1320a-7(b)) is amended--
(A) in subsection (b), by adding at the end the
following:
``(16) Finding relating to patient abuse.--Any individual
or entity that--
``(A) is or has been the subject of a specific
documented finding of patient abuse by a State (as
determined under procedures utilized by a State under
section 1819(e)(2) or 1919(e)(2)); or
``(B) has been found to have--
``(i) knowingly continued to employ an
individual described in subparagraph (A) in a
position involving direct patient care; or
``(ii) knowingly failed to report an
individual who has been determined to have
committed patient abuse as described in
subparagraph (A).''; and
(B) in subsection (c)(3), by adding at the end the
following:
``(G) In the case of an exclusion of an individual or
entity under subsection (b)(16), the period of exclusion shall
be determined in accordance with regulations promulgated by the
Secretary based on the severity of the conduct that is the
subject of the exclusion.''.
(2) Regulations.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Health and Human
Services shall promulgate regulations to establish periods of
exclusion for purposes of section 1128(c)(3)(G) of the Social
Security Act.
(c) Exclusions Apply to Any Entity Eligible for Federal
Reimbursement.--Section 1128 of the Social Security Act (42 U.S.C.
1320a-7) is amended by adding at the end the following:
``(j) Applicability of Certain Exclusions.--The exclusion (or
direction to exclude) an individual or entity under subsections (a)(2)
and (b)(16) shall provide that such individual or entity is excluded
from working for or on behalf of any entity that is eligible for
reimbursement under a Federal health care program, as defined in
section 1128B(f).''.
SEC. 4. PREVENTION AND TRAINING DEMONSTRATION PROJECT.
(a) Establishment.--The Secretary of Health and Human Services
shall establish a demonstration program to provide grants to develop
information on best practices in patient abuse prevention training
(including behavior training and interventions) for managers and staff
of hospital and health care facilities.
(b) Eligibility.--To be eligible to receive a grant under
subsection (a), an entity shall be a public or private nonprofit entity
and prepare and submit to the Secretary of Health and Human Services an
application at such time, in such manner, and containing such
information as the Secretary may require.
(c) Use of Funds.--Amounts received under a grant under this
section shall be used to--
(1) examine ways to improve collaboration between State
health care survey and provider certification agencies, long-
term care ombudsman programs, the long-term care industry, and
local community members;
(2) examine patient care issues relating to regulatory
oversight, community involvement, and facility staffing and
management with a focus on staff training, staff stress
management and staff supervision;
(3) examine the use of patient abuse prevention training
programs by long-term care entities, including the training
program developed by the National Association of Attorneys
General, and the extent to which such programs are used; and
(4) identify and disseminate best practices for preventing
and reducing patient abuse.
(d) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section. | Patient Abuse Prevention Act - Directs the Secretary of Health and Human Services to establish under the Social Security Act (SSA) title XI health care fraud and abuse data collection program the National Registry of Abusive Workers, which shall collect and maintain data from State registries and other entities on covered health care workers who have been the subject of reports of patient abuse.
Outlines requirements for the submission of such information.
Requires each covered health care facility to provide for: (1) State criminal background checks for covered health care workers; and (2) a probationary period of employment for such workers pending the completion of such procedures. Provides penalties for violations of such requirement.
Provides for a mandatory lifetime exclusion from participation in Medicare and State health care programs of any individual or entity: (1) convicted of a criminal offense involving a crime against bodily security, including child or elder abuse; or (2) found to have knowingly continued to employ an individual so convicted in a position involving direct patient care, or to have knowingly failed to report an individual who has been determined to have committed such a criminal offense.
Authorizes the Secretary to exclude from such programs any individual or entity that is or has been the subject of a specific documented finding of patient abuse by a State.
Applies such exclusions to any entity eligible for reimbursement under a Federal health care program.
Directs the Secretary to establish a demonstration program to provide grants to develop information on best practices in patient abuse prevention training for managers and staff of hospital and health care facilities. Authorizes appropriations. | {"src": "billsum_train", "title": "Patient Abuse Prevention Act"} | 2,978 | 334 | 0.561826 | 1.735243 | 0.756412 | 4.095082 | 8.62623 | 0.940984 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Against Corporations Organizing to
Rip-off the Nation Act'' or the ``ACORN Act''.
SEC. 2. FINDINGS.
(1) According to the Corporate Fraud Task Force Report to
the President, 2008, in fiscal year 2007, United States
Attorneys' offices opened 878 new criminal health care fraud
investigations involving 1,548 potential defendants. Federal
prosecutors had 1,612 health care fraud criminal investigations
pending, involving 2,603 potential defendants, and filed
criminal charges in 434 cases involving 786 defendants. A total
of 560 defendants were convicted for health care fraud-related
crimes during the year.
(2) On September 2, 2009, it was announced that Pfizer Inc.
and its subsidiary Pharmacia & Upjohn Company Inc., agreed to
pay $2.3 billion, the largest health care fraud settlement in
the history of the Department of Justice, to resolve criminal
liability from the illegal promotion of certain pharmaceutical
products.
(3) Pharmacia & Upjohn Company agreed to plead guilty to a
felony violation of the Federal Food, Drug and Cosmetic Act for
misbranding Bextra with the intent to defraud or mislead.
(4) Pharmacia & Upjohn Company marketed ``off-label'' uses
of Bextra for several uses and dosages that the Food and Drug
Administration declined to approve due to safety concerns.
(5) The Assistant Attorney General for the Civil Division
has stated, ``Illegal conduct and fraud by pharmaceutical
companies puts the public health at risk, corrupts medical
decisions by health care providers, and costs the Government
billions of dollars.''.
(6) The Director of the Defense Department's Criminal
Investigative Services stated, ``The off-label promotion of
pharmaceutical drugs by Pfizer significantly impacted the
integrity of TRICARE, the Department of Defense's health care
system. This illegal activity increases patients' costs,
threatens their safety and negatively affects the health care
services to the over nine million military members, retirees
and their families who rely on this system.''.
SEC. 3. PROHIBITIONS ON FEDERAL FUNDS AND OTHER ACTIVITIES WITH RESPECT
TO CERTAIN CORPORATIONS OR COMPANIES.
(a) Prohibitions.--Subject to subsection (e), with respect to any
covered corporation or company or applicable individual the following
prohibitions apply:
(1) No Federal contract, grant, cooperative agreement, or
any other form of agreement (including a memorandum of
understanding) may be awarded to or entered into with the
corporation or company for a 5-year period beginning 30 days
after the date of the criminal conviction involved or
termination of charter (as the case may be).
(2) No Federal funds in any other form may be provided to
the corporation or company for such 5-year period.
(3) No Federal employee or contractor may promote in any
way (including recommending to a person or referring to a
person for any purpose) the corporation or company for such 5-
year period.
(4) No covered corporation or company or applicable
individual may contribute funds to a candidate for Federal
office, Federal political action committee, or Federal or State
political party during such a 5-year period.
(5) No more than $1,000,000 in any calendar year may be
used by the corporation or company, or applicable individual,
for the purpose of lobbying Congress or Federal employees
during such 5-year period.
(b) Covered Corporation or Company.--In this section, the term
``covered corporation or company'' means any of the following:
(1) Any corporation or company guilty of felony criminal
violations under any Federal or State law--
(A) including a felony violation of the Federal
Food, Drug and Cosmetic Act, sections 3729 through 3733
of title 31, United States Code (formerly known as the
False Claims Act), or a violation for the filing of a
fraudulent form with any Federal or State regulatory
agency; but
(B) excluding a violation for which the corporation
or company has fully completed all terms of criminal
sentencing or a criminal settlement agreement as of the
date of the enactment of this Act.
(2) Any corporation or company that had its State corporate
charter terminated due to its failure to comply with Federal or
State lobbying disclosure requirements.
(3) Any corporation or company that, within the 5-year
period beginning 30 days after the date of conviction of an
applicable individual of a violation described in subsection
(c)(2)(B)--
(A) employs the applicable individual, in a
permanent or temporary capacity;
(B) has under contract or retains the applicable
individual; or
(C) has the applicable individual acting on the
behalf of the corporation or company or with the
express or apparent authority of the corporation or
company.
(c) Additional Definitions.--In this section:
(1) The term ``corporation or company'' includes Pfizer,
Pharmacia & Upjohn Company Inc. and any Pfizer-related
affiliate.
(2) The term ``applicable individual'' means, with respect
to a corporation or company, an individual who--
(A) is a director, officer, or executive of the
corporation or company; and
(B) has been found guilty of a felony violation
under Federal or State law in relation to the
individual's conduct in the individual's capacity as a
director, officer, or executive of a corporation or
company.
(d) Revision of Federal Acquisition Regulation.--The Federal
Acquisition Regulation shall be revised to carry out the provisions of
this Act relating to contracts.
(e) Presidential Waiver Authority.--The President may waive a
prohibition in subsection (a) with respect to a corporation, company,
or applicable individual if the President--
(1) determines such a waiver is in the national interest;
and
(2) provides notice to all appropriate Congressional
committees of the intent to grant such waiver 15 days before
the date such waiver is granted. | Against Corporations Organizing to Rip-off the Nation Act or the ACORN Act - Prohibits the federal government from awarding contracts, grants, or other agreements to, providing any other federal funds to, or engaging in activities that promote, any corporation or company that has been found guilty of a felony criminal violation under federal or state law, that had its state corporate charter terminated due to its failure to comply with federal or state lobbying disclosure requirements, or that employs or otherwise retains a director, officer, or executive of the corporation or company who has been found guilty of a felony in relation to the individual's conduct for that company, during the five-year period following such conviction or charter termination.
Prohibits such a corporation or director, officer, or executive, during such period, from: (1) contributing funds to a candidate for federal office, federal political action committee, or federal or state political party; or (2) using more than $1 million in any calendar year to lobby Congress or federal employees.
Includes Pfizer, Pharmacia & Upjohn Company Inc., and any Pfizer related affiliate as covered companies for purposes of this Act.
Requires the Federal Acquisition Regulation to be revised to carry out the provisions of this Act relating to contracts. Authorizes the President to waive a prohibition under this Act in the national interest. | {"src": "billsum_train", "title": "To prohibit the Federal Government from awarding contracts, grants, or other agreements to, providing any other Federal funds to, or engaging in activities that promote certain corporations or companies guilty of certain felony convictions."} | 1,288 | 294 | 0.527381 | 1.821643 | 0.767114 | 4.100386 | 4.725869 | 0.942085 |
TITLE I--CONGRESSIONAL COMPLIANCE WITH CERTAIN GENERALLY APPLICABLE
LAWS
SECTION 101. SHORT TITLE.
This title may be cited as the ``Equity for Congress Act''.
SEC. 102. COVERAGE OF CONGRESS IN MATTERS INVOLVING EMPLOYMENT.
(a) Application.--
(1) In general.--The rights and protections provided
pursuant to this title and the provisions of law specified in
paragraph (2) shall apply with respect to employment by the
Congress.
(2) Provisions.--The provisions of law that shall apply
with respect to employment by Congress are--
(A) title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000e et seq.),
(B) the Age Discrimination in Employment Act of
1967 (29 U.S.C. 621 et seq.),
(C) the National Labor Relations Act (29 U.S.C. 151
et seq.),
(D) section 1977 of the Revised Statutes of the
United States (42 U.S.C. 1881),
(E) section 1977A of the Revised Statutes of the
United States (42 U.S.C. 1881a),
(F) the Fair Labor Standards Act of 1938 (29 U.S.C.
201 et seq.),
(G) the Occupational Safety and Health Act of 1970
(29 U.S.C. 651 et seq.), and
(H) the Family and Medical Leave Act of 1993 (29
U.S.C. 2601 et seq.).
(b) Enforcement by Administrative Action.--
(1) In general.--A congressional employee, including a
class or organization acting on behalf of a congressional
employee, may bring an administrative action in accordance with
paragraph (2) before an administrative agency to enforce the
application of a law set out in subsection (a)(2) by the
Congress or the congressional employer of such employee to such
employee if a similarly situated complaining party may bring
such an action before such agency.
(2) Requirements.--An administrative action described in
paragraph (1) shall be commenced in accordance with the
statutory and procedural requirements of the law which is
sought to be enforced.
(3) Administrative action.--An administrative agency before
which is brought an action described in paragraph (1) may take
such action against the Congress or congressional employer
sited in the action as the agency could take in an action
brought by a similarly situated complaining party.
(c) Enforcement by Civil Action.--
(1) In general.--A congressional employee, including a
class or organization acting on behalf of a congressional
employee, may bring a civil action to enforce a provision of
law set out in subsection (a)(2) in a court authorized by
paragraph (3) against the Congress or the congressional
employer of such employee if a similarly situated complaining
party could bring such a civil action.
(2) Requirements.--A civil action described in paragraph
(1) shall be commenced in accordance with the statutory and
procedural requirements of the law which is sought to be
enforced.
(3) Venue.--An action may be brought under paragraph (1) to
enforce a provision of law set out in subsection (a)(2) in any
court of competent jurisdiction in which a similarly situated
complaining party may otherwise bring a civil action to enforce
such provision.
(4) Relief.--In any civil action brought under paragraph
(1) to enforce a provision of law set out in subsection (a)(2),
the court--
(A) may grant as relief against the Congress or
congressional employer any equitable relief otherwise
available to a similarly situated complaining party
bringing a civil action to enforce such provision,
(B) may grant as relief against the Congress any
damages that would otherwise be available to such a
complaining party, and
(C) allow such fees and costs as would be allowed
in such an action by such a party.
SEC. 103. MATTERS OTHER THAN EMPLOYMENT.
(a) Rights and Protections.--In accordance with paragraph (6) of
section 509(a) of the Americans with Disabilities Act of 1990 (42
U.S.C. 12209), the rights and protections provided under such Act shall
apply with respect to the conduct of the Congress regarding matters
other than employment.
(b) Enforcement.--To enforce paragraph (1), any person may bring--
(1) an administrative action described in section 102(b),
or
(2) a civil action described in section 102(c).
SEC. 104. INFORMATION.
(a) Application.--The rights and protections provided under section
552a of title 5, United States Code, shall apply with respect to
information in the possession of the Congress.
(b) Enforcement.--To enforce subsection (a), any person may bring--
(1) an administrative action described in section 102(b),
or
(2) a civil action described in section 102(c),
against the Congress or a congressional employer in possession of
information.
SEC. 105. INDEPENDENT COUNSEL.
(a) Application.--The rights and protections provided pursuant to
chapter 40 of title 28, United States Code, shall apply with respect to
investigations of congressional improprieties.
(b) Enforcement.--To enforce subsection (a), any person may bring--
(1) an administrative action described in section 102(b),
or
(2) a civil action described in section 102(c),
against any party with a duty under such chapter 40.
SEC. 106. AMENDMENT TO THE STANDING RULES OF THE SENATE.
Rule XIV of the Standing Rules of the Senate is amended by adding
at the appropriate place the following: ``No bill, resolution, or
amendment which creates a requirement of general applicability but
which exempts the Congress of the United States from its provisions may
be considered except by a vote of three-fifths of Senators duly chosen
and sworn.''.
SEC. 107. AMENDMENT TO THE RULES OF THE HOUSE OF REPRESENTATIVES.
Rule XXIV of the House of Representatives is amended by adding at
the end the following:
``9 No bill, resolution, or amendment which creates a requirement
of general applicability but which exempts the Congress of the United
States from its provisions may be considered except by a vote of three-
fifths of the Members duly chosen and sworn.''.
SEC. 108. DEFINITIONS.
For purposes of this title:
(1) The term ``congressional employer'' means--
(A) a supervisor as described in paragraph 12 of
Rule XXXVII of the Standing Rules of the Senate,
(B)(i) a Member of the House of Representatives
with respect to the administrative, clerical, and other
assistants of a Member,
(ii) a Member who is the chairman of a committee
with respect to the professional, clerical, and other
assistants to the committee,
(iii) the ranking minority Member of a committee
with respect to the minority staff members of the
committee,
(iv) a Member who is the chairman of a subcommittee
which has its own staff and financial authorization
with respect to the professional, clerical, and other
assistants to the subcommittee,
(v) the ranking minority Member of a subcommittee
with respect to the minority staff members of the
subcommittee,
(vi) the majority and minority leaders of the House
of Representatives and the majority and minority whips
with respect to the research, clerical, and other
assistants to their respective offices, and
(vii) the other officers of the House of
Representatives with respect to the employees of such
officers,
(C) the Architect of the Capitol with respect to
the employees of the Architect of the Capitol,
(D) the Director of the Congressional Budget Office
with respect to the employees of such office,
(E) the Comptroller General with respect to the
employees of the General Accounting Office,
(F) the Public Printer with respect to the
employees of the Government Printing Office,
(G) the Librarian of Congress with respect to
employees of the Library of Congress,
(H) the Director of the Office of Technology
Assessment with respect to employees of such office,
and
(I) the Director of the United States Botanic
Gardens with respect to the employees of such gardens.
(2) The term ``congressional employee'' means an employee
who is employed by, or an applicant for employment with, a
congressional employer.
(3) The term ``similarly situated complaining party''
means--
(A) in the case of a party seeking to enforce a
provision with a separate enforcement mechanism for
governmental complaining parties, a governmental
complaining party, or
(B) in the case of a party seeking to enforce a
provision with no such separate mechanism, a
complaining party.
SEC. 109. EFFECTIVE DATE.
This title shall take effect 120 days after the date of its
enactment.
TITLE II--OTHER CONGRESSIONAL REFORMS
SEC. 201. APPLICATION OF THE FREEDOM OF INFORMATION ACT.
(a) In General.--The provisions of section 552 of title 5, United
States Code, commonly known as the Freedom of Information Act, shall
apply to the Congress.
(b) Office.--The Congress shall establish an office, to be known as
the ``Freedom of Information Access Office'', in order to assure that
Members of Congress comply with the provisions of law referred to in
subsection (a).
SEC. 202. HEALTH CARE REFORMS TO BE APPLICABLE TO THE CONGRESS.
It is the sense of the Congress that any law enacted pertaining to
the reform of our Nation's health care system should apply to Members
of Congress.
SEC. 203. LIMIT ON CONGRESSIONAL APPROPRIATIONS.
The total of amounts appropriated for the legislative branch of the
Government for fiscal year 1995 may not exceed the total of amounts
appropriated for the legislative branch of the Government for fiscal
year 1994.
SEC. 204. PROHIBITION OF FREE PARKING FOR THE CONGRESS.
Each Member of Congress and each employee of the Congress shall pay
for parking on the Capitol grounds and parking at any other location
provided by the Government, in the same amount as officers and
employees of the executive branch of the Government pay for similar
parking.
SEC. 205. TRAVEL GUIDELINES PROVISION.
Official travel performed by Members and employees of the Congress
shall be subject to the same guidelines, as to mode and cost of travel,
as are applicable to the executive branch of the Government.
SEC. 206. BARBER SHOPS AND BEAUTY SHOPS TO BE OPERATED UNDER CONTRACT.
Any barber shop or beauty shop on the Capitol grounds shall be
operated by contract with a private sector entity.
SEC. 207. PROHIBITION OF EMPLOYMENT OF ELEVATOR OPERATORS.
No elevator operator may be employed for any elevator in the
Capitol, any House of Representatives office building, or any Senate
office building.
SEC. 208. OFFICE MOVES TO BE PAID FROM OFFICIAL ALLOWANCES.
The cost of each office move for a Member of Congress shall be paid
from an official allowance made available to the Member.
SEC. 209. PROHIBITION OF PREFERENTIAL AIRPORT PARKING.
No Member of Congress or employee of the Congress may use
preferential parking at any airport.
SEC. 210. GIFT AND TICKET PROHIBITION.
No Member of Congress or employee of the Congress may accept any
gift or ticket from a person who is required to register under the
Federal Regulation of Lobbying Act (2 U.S.C. 261, et seq.).
SEC. 211. TREATMENT AND REVIEW OF CONGRESSIONAL EXPENSE ACCOUNTS.
The expense accounts of Members and employees of the Congress shall
be subject to the same treatment and review as are applicable to the
executive branch of the Government.
SEC. 212. ANNUITY PROVISION.
The annuities and other retirement benefits of Members and
employees of the Congress shall be the same as the annuities and other
retirement benefits that are available with respect to the executive
branch of the Government.
SEC. 213. NO LIMOUSINE SERVICE FOR THE CONGRESS.
No Member of Congress or employee of the Congress may use any
limousine service that is paid for from official funds.
SEC. 214. PROHIBITION OF PROXY VOTING IN COMMITTEES OF THE HOUSE OF
REPRESENTATIVES.
Clause 2(f) of rule XI of the Rules of the House of Representatives
is amended to read as follows:
``(f) No vote by any member of any committee or subcommittee with
respect to any measure may be cast by proxy.''.
SEC. 215. HOUSE OF REPRESENTATIVES COMMITTEE AND SUBCOMMITTEE
ATTENDANCE AND VOTING RECORDS TO BE AVAILABLE TO THE
PUBLIC.
Clause 2(e)(2) of rule XI of the Rules of the House of
Representatives is amended by adding at the end the following new
sentence: ``All committee and subcommittee attendance and voting
records shall be made available to the public.''.
SEC. 216. PROHIBITION OF PURCHASE OF CALENDARS FOR THE CONGRESS.
Appropriated funds may not be used to purchase United States
Capitol Historical Society calendars for the Congress.
SEC. 217. PROHIBITION OF SPECIAL SERVICES FOR MEMBERS AND EMPLOYEES OF
THE CONGRESS.
No Federal, State, or local department or agency may provide any
service or assistance for a Member or employee of the Congress that is
not provided for all citizens. The preceding sentence does not apply in
the case of assistance in support of the constituent or legislative
responsibilities of a Member or employee of the Congress. | TABLE OF CONTENTS:
Title I: Congressional Compliance With Certain Generally
Applicable Laws
Title II: Other Congressional Reforms
Title I: Congressional Compliance With Certain Generally Applicable Laws
- Equity for Congress Act - Makes applicable to the Congress the following Federal laws: (1) with respect to employment, title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the National Labor Relations Act, sections 1977 and 1977A of the Revised Statutes, the Fair Labor Standards Act of 1938, the Occupational Safety and Health Act of 1970, and the Family and Medical Leave Act of 1993; (2) with respect to conduct regarding matters other than employment, the Americans with Disabilities Act of 1990; (3) with respect to information in its possession, the Privacy Act of 1974; and (4) specified provisions of the Federal judicial code relating to independent counsel.
Amends the Standing Rules of the Senate and the Rules of the House of Representatives to require a three-fifths' vote in each House before it considers legislation that creates a requirement of general applicability but exempts the Congress from such provisions.
Title II: Other Congressional Reforms
- Applies the Freedom of Information Act to the Congress. Establishes the Freedom of Information Access Office in the Congress in order to assure that Members of Congress comply with the provisions of such Act.
Declares that any law enacted pertaining to the reform of our Nation's health care system should apply to Members of Congress.
Limits the total of amounts appropriated for the legislative branch for FY 1995 to the total for FY 1994.
Requires each Member of Congress and congressional employee to pay for parking on the Capitol grounds and at any other Government location in the same amount as officers and employees of the executive branch.
Subjects official travel performed by Members and employees of the Congress to the same guidelines as to mode and cost of travel that applies to the executive branch.
Requires: (1) any barber shop or beauty shop on the Capitol grounds to be operated by contract with a private sector entity; and (2) the cost of each office move for a Member of Congress to be paid from an official allowance made available to the Member.
Prohibits an elevator operator from being employed for any elevator in the Capitol, House of Representatives office building, or Senate office building.
Prohibits a Member of Congress or congressional employee from: (1) using preferential parking at any airport; or (2) accepting any gift or ticket from a registered lobbyist.
Makes the annuities and other retirement benefits of Members and employees of the Congress the same as the annuities and other retirement benefits of the executive branch.
Prohibits a Member of Congress or congressional employee from using any limousine service that is paid for from official funds.
Amends rule XI of the Rules of the House to: (1) prohibit proxy voting by any committee or subcommittee member; and (2) make all House committee and subcommittee attendance and voting records available to the public.
Prohibits: (1) appropriated funds from being used to purchase U.S. Capitol Historical Society calendars for the Congress; and (2) a Federal, State, or local department or agency from providing any service or assistance for a Member or employee of the Congress that is not provided for all citizens, except for assistance in support of the constituent or legislative responsibilities of such Member or employee. | {"src": "billsum_train", "title": "Equity for Congress Act"} | 3,139 | 733 | 0.478076 | 1.620738 | 0.661776 | 4.598214 | 4.008929 | 0.907738 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Captive Wildlife Safety Technical
Amendments Act of 2008''.
SEC. 2. CAPTIVE WILDLIFE SAFETY AMENDMENTS.
(a) Prohibited Acts.--Section 3 of the Lacey Act Amendments of 1981
(16 U.S.C. 3372) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A), by inserting ``or'' after
the semicolon;
(B) in subparagraph (B), by striking ``; or'' and
inserting a semicolon; and
(C) by striking subparagraph (C); and
(2) in subsection (e)--
(A) by redesignating paragraphs (2), (3), (4), and
(5) as paragraphs (3), (4), (5), and (6) respectively;
and
(B) by striking ``(e)'' and all that follows
through ``Subsection (a)(2)(C)'' in paragraph (1) and
inserting the following:
``(e) Captive Wildlife Offenses.--
``(1) In general.--It is unlawful for any person--
``(A) to import, export, transport, sell, receive,
acquire, or purchase in interstate or foreign commerce
any live animal of any prohibited wildlife species; or
``(B) to attempt to commit any act described in
subparagraph (A).
``(2) Nonapplicability.--This subsection'';
(C) in paragraph (2) (as redesignated by
subparagraph (A))--
(i) by striking ``a'' before ``prohibited''
and inserting ``any'';
(ii) by striking ``(3)'' and inserting
``(4)''; and
(iii) by striking ``(2)'' and inserting
``(3)'';
(D) in paragraph (3) (as redesignated by
subparagraph (A))--
(i) in subparagraph (C)--
(I) in clauses (ii) and (iii), by
striking ``animals listed in section
2(g)'' each place it appears and
inserting ``prohibited wildlife
species''; and
(II) in clause (iv), by striking
``animals'' and inserting ``prohibited
wildlife species''; and
(ii) in subparagraph (D)--
(I) by striking ``the animal'' the
first place it appears and inserting
``an animal of any prohibited wildlife
species''; and
(II) by striking ``the animal'' the
second place it appears and inserting
``that animal'';
(E) in paragraph (4) (as redesignated by
subparagraph (A)), by striking ``(2)'' and inserting
``(3)'';
(F) in paragraph (6) (as redesignated by
subparagraph (A))--
(i) by striking ``subsection (a)(2)(C)''
and inserting ``this subsection''; and
(ii) by striking ``fiscal years 2004
through 2008'' and inserting ``fiscal years
2009 through 2013''; and
(G) by inserting after paragraph (6) (as
redesignated by subparagraph (A)) the following:
``(7) Application.--This subsection shall apply beginning
on the effective date of regulations promulgated under this
subsection.''.
(b) Civil Penalties.--Section 4(a) of the Lacey Act Amendments of
1981 (16 U.S.C. 3373(a)) is amended--
(1) in paragraph (1), by striking ``subsections (b) and
(d)'' and inserting ``subsections (b), (d), and (e)''; and
(2) in paragraph (1), by striking ``section 3(d)'' and
inserting ``subsection (d) or (e) of section 3''.
(c) Criminal Penalties.--Section 4(d) of the Lacey Act Amendments
of 1981 (16 U.S.C. 3373(d)) is amended--
(1) in paragraphs (1)(A) and (1)(B) and in the first
sentence of paragraph (2), by striking ``subsections (b) and
(d)'' each place it appears and inserting ``subsections (b),
(d), and (e)''; and
(2) in paragraph (3), by striking ``section 3(d)'' and
inserting ``subsection (d) or (e) of section 3''.
(d) Correction of Prior Amendment.--
(1) Correction.--Section 102(c) of Public Law 100-653 (102
Stat. 3826) is amended by striking ``section 3(b)'' and
inserting ``subsection 3(b)''.
(2) Effective date.--This subsection shall take effect upon
enactment of Public Law 100-653.
SEC. 3. APPLICABILITY PROVISION AMENDMENT.
Section 3 of the Captive Wildlife Safety Act (117 Stat. 2871;
Public Law 108-191) is amended--
(1) in subsection (a), by striking ``(a) In General.--
Section 3'' and inserting ``Section 3''; and
(2) by striking subsection (b).
Passed the House of Representatives March 31, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Captive Wildlife Safety Technical Amendments Act of 2008 - Makes technical and conforming amendments to the Lacey Act Amendments of 1981 relating to the enforcement of, and civil and criminal penalties under, the Captive Wildlife Safety Act. Prohibits any person from importing, exporting, transporting, selling, receiving, acquiring, or purchasing in interstate or foreign commerce any live animal of any prohibited wildlife species.
Authorizes appropriations to carry out captive wildlife offense provisions for FY2009-FY2013. | {"src": "billsum_train", "title": "To amend the Lacey Act Amendments of 1981 to protect captive wildlife and to make technical corrections, and for other purposes."} | 1,262 | 113 | 0.593143 | 1.401901 | 1.008043 | 2.551724 | 12.666667 | 0.735632 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Seniors Financial Security Act of
2003''.
SEC. 2. REPEAL OF INCLUSION IN GROSS INCOME OF SOCIAL SECURITY BENEFITS
AND TIER 1 RAILROAD RETIREMENT BENEFITS.
(a) In General.--Section 86 of the Internal Revenue Code of 1986
(relating to taxation of social security and tier 1 railroad retirement
benefits) is hereby repealed.
(b) Technical and Conforming Amendments.--
(1) Subparagraph (B) of section 22(c)(3) of such Code
(relating to treatment of certain workmen's compensation
benefits) is amended by striking ``any amount treated as a
social security benefit under section 86(d)(3)'' and inserting
``if, by reason of section 224 of the Social Security Act (or
by reason of section 3(a)(1) of the Railroad Retirement Act of
1974), any benefit otherwise payable under title II of the
Social Security Act or the Railroad Retirement Act of 1974 is
reduced by reason of the receipt of a benefit under a workmen's
compensation act, the portion of such benefit received under
the workmen's compensation act which equals such reduction''.
(2) Paragraph (3) of section 72(r) of such Code (defining
tier 1 railroad retirement benefit) is amended by striking
``has the meaning given such term by section 86(d)(4)'' and
inserting ``means--
``(A) the amount of the annuity under the Railroad
Retirement Act of 1974 equal to the amount of the
benefit to which the taxpayer would have been entitled
under the Social Security Act if all of the service
after December 31, 1936, of the employee (on whose
employment record the annuity is being paid) had been
included in the term `employment' as defined in the
Social Security Act, and
``(B) a monthly annuity amount under section
3(f)(3) of the Railroad Retirement Act of 1974.''.
(3) Sections 135(c)(4)(B), 137(b)(3)(B), 221(b)(2)(C)(ii),
and 222(b)(2)(C)(ii) of such Code are each amended by striking
``86,''.
(4) Clause (i) of section 219(g)(3)(A) of such Code is
amended by striking ``sections 86 and 469'' and inserting
``section 469''.
(5) Subparagraph (F) of section 469(i)(3) of such Code is
amended by striking clause (i) and by redesignating clauses
(ii), (iii), and (iv) as clauses (i), (ii), and (iii),
respectively.
(6) Paragraph (8) of section 861(a) of such Code (treating
social security benefits as United States sourced) is hereby
repealed.
(7) Paragraph (3) of section 871(a) of such Code (relating
to taxation of social security benefits by nonresident aliens)
is hereby repealed.
(8) Subsection (g) of section 1441 of such Code (relating
to withholding of tax on nonresident aliens) is hereby
repealed.
(9) Subparagraph (C) of section 3402(p)(1) of such Code is
amended by striking clause (i) and by redesignating clauses
(ii), (iii), and (iv) as clauses (i), (ii), and (iii),
respectively.
(10) Paragraph (4) of section 6015(d) of such Code is
amended by striking the last sentence.
(11) Section 6050F of such Code (relating to returns
relating to social security benefits) is hereby repealed.
(12) Paragraph (1) of section 6050G(a) of such Code
(relating to returns relating to certain railroad retirement
benefits) is amended by striking ``section 86(d)(4)'' and
inserting ``section 72(r)(3)''.
(13)(A) Section 6103(h) of such Code (relating to
disclosure) is amended by striking paragraph (5) and by
redesignating paragraph (6) as paragraph (5).
(B) Paragraph (4) of section 6103(p) of such Code is
amended by striking ``(h)(5),'' each place it appears.
(C) Subsection (k) of section 1113 of the Right to
Financial Privacy Act of 1978 is hereby repealed.
(14) The table of sections for part II of subchapter B of
chapter 1 of such Code is amended by striking the item relating
to section 86.
(15) The table of sections for subpart B of part III of
subchapter A of chapter 61 of such Code is amended by striking
the item relating to section 6050F.
(c) Effective Date.--The amendments made by this section shall
apply to benefits received after December 31, 2002, in taxable years
ending after such date.
(d) Trust Funds Held Harmless.--There are hereby appropriated (out
of any money in the Treasury not otherwise appropriated) for each
fiscal year to each fund under the Social Security Act or the Railroad
Retirement Act of 1974 an amount equal to the reduction in the
transfers to such fund for such fiscal year by reason of the amendments
made by this section. | Seniors Financial Security Act of 2003 - Amends the Internal Revenue Code to repeal the tax on social security and tier 1 railroad retirement benefits. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to repeal the inclusion in gross income of Social Security benefits and tier 1 railroad retirement benefits."} | 1,202 | 32 | 0.439115 | 0.961335 | 0.823174 | 3.923077 | 39.846154 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Food Aid Reform Act''.
TITLE I--AMENDMENTS TO THE FOOD FOR PEACE ACT
SEC. 101. FOOD AID TO DEVELOPING COUNTRIES.
Section 3(b)(1)(C) of the Food for Peace Act (7 U.S.C.
1691a(b)(1)(C)) is amended--
(1) by striking ``, provision of funds'' and inserting
``and provision of funds''; and
(2) by striking ``, and monetization of commodities,''.
SEC. 102. EMERGENCY AND PRIVATE ASSISTANCE PROGRAMS.
(a) In General.--Title II of the Food for Peace Act is amended as
follows:
(1) In the title heading, by striking ``AND PRIVATE''.
(2) In section 201 (7 U.S.C. 1721)--
(A) in the matter preceding paragraph (1), by
striking ``agricultural commodities'' and inserting
``assistance, including agricultural commodities,'';
and
(B) in paragraph (4), by inserting ``inclusive and
sustainable'' after ``promote''.
(3) In section 202 (7 U.S.C. 1722)--
(A) in the section heading, by striking
``agricultural commodities'' and inserting ``emergency
assistance'';
(B) in subsection (a), by striking ``agricultural
commodities'' and inserting ``assistance, including
agricultural commodities,'';
(C) by striking subsections (b), (c), (d), and (e);
and
(D) in subsection (h)(3)--
(i) by striking ``section 207(f)'' and
inserting ``section 207''; and
(ii) by striking ``fiscal years 2009
through 2011'' and inserting ``fiscal years
2014 through 2018''.
(4) By striking section 203 (7 U.S.C. 1723).
(5) By striking section 204 (7 U.S.C. 1724).
(6) In section 205 (7 U.S.C. 1725)--
(A) in subsection (a), by striking ``that may
involve eligible organizations described in section
202(d)(1)''; and
(B) in subsection (f), by striking ``December 31,
2012'' and inserting ``September 30, 2018''.
(7) In section 207(f) (7 U.S.C. 1726a(f))--
(A) in paragraph (2)--
(i) by striking subparagraph (D); and
(ii) by redesignating subparagraphs (E) and
(F) as subparagraphs (D) and (E), respectively;
and
(B) in paragraph (3), by striking ``Food,
Conservation, and Energy Act of 2008'' and inserting
``Food Aid Reform Act''.
(8) In section 207 (7 U.S.C. 1726a)--
(A) by striking subsections (a), (b), (c), (d), and
(e);
(B) in subsection (f)(2)--
(i) by striking subparagraph (D); and
(ii) by redesignating subparagraphs (E) and
(F) as subparagraphs (D) and (E), respectively;
and
(C) by adding at the end the following new
subsection:
``(h) Applicability of Administrative Authorities Under the Foreign
Assistance Act of 1961.--The administrative authorities contained in
chapter 2 of part III of the Foreign Assistance Act of 1961 (22 U.S.C.
2381 et seq.) shall apply to programs carried out under this title to
the same extent and in the same manner as such administrative
authorities apply to programs carried out under such Act.''.
(b) Retroactive Effective Date.--The amendment made by paragraph
(6)(B) shall take effect as of December 31, 2012.
SEC. 103. GENERAL AUTHORITIES AND REQUIREMENTS.
(a) In General.--Title IV of the Food for Peace Act is amended as
follows:
(1) In section 402 (7 U.S.C. 1732)--
(A) in paragraph (2)--
(i) by striking ``produced in the United
States''; and
(ii) by striking the second sentence; and
(B) in paragraph (3)--
(i) by redesignating subparagraphs (B) and
(C) as subparagraphs (C) and (D), respectively;
and
(ii) by inserting after subparagraph (A)
the following new subparagraph:
``(B) the Committee on Foreign Relations of the
Senate;''.
(2) In section 403(l)(1)(A) (7 U.S.C. 1733(l)(1)(A)), by
striking ``titles I and II'' and inserting ``title I''.
(3) In section 404(c)(1) (7 U.S.C. 1734(c)(1)), by striking
``eligible organizations'' and all that follows through ``under
title II'' and inserting ``eligible organizations may be made
available under titles I and III''.
(4) In section 406(a) (7 U.S.C. 1736(a)), by inserting
``may make available funds and'' before ``may acquire''.
(5) In section 407(c) (7 U.S.C. 1736a)--
(A) in paragraph (1), by striking subparagraph (B);
(B) in paragraph (4)(A), by striking ``for fiscal
years 2001 through 2012''; and
(C) in paragraph (5)--
(i) in the heading, by striking
``Nonemergency or multiyear'' and inserting
``Multiyear''; and
(ii) by striking ``for ongoing nonemergency
or''.
(6) In section 408 (7 U.S.C. 1736b), by striking ``December
31, 2012'' and inserting ``September 30, 2018''.
(b) Retroactive Effective Date.--The amendment made by paragraph
(6) shall take effect as of December 31, 2012.
SEC. 104. EFFECTIVE DATE.
Except as otherwise provided in this title, the amendments made by
this title shall take effect on the date of the enactment of this Act
and shall apply with respect to the provision of assistance under title
II of the Food for Peace Act (as so amended) beginning on the date that
is 180 days after such date of enactment.
TITLE II--CARGO PREFERENCES
SEC. 201. CARGO PREFERENCES.
(a) Exemption.--Section 55313 of title 46, United States Code, is
amended--
(1) by striking ``Sections 55304 and 55305 of this title do
not apply'' and inserting the following:
``(a) In General.--Sections 55304 and 55305 of this title do not
apply''; and
(2) by adding at the end the following:
``(b) Additional Exempted Activities.--In addition to the exemption
under subsection (a) and notwithstanding any other provision of law,
sections 55304 and 55305 of this title do not apply to activities
carried out under title II of the Food for Peace Act (7 U.S.C. 1721 et
seq.).''.
(b) Conforming Amendment.--Section 55314(b)(1) of title 46, United
States Code, is amended by inserting ``, except for activities carried
out under title II of that Act'' before the semicolon. | Food Aid Reform Act - Amends the Food for Peace Act to treat provision of agricultural commodities as one form only of emergency assistance. Repeals the authorization for nonemergency assistance and support for eligible organizations as well as requirements for generation and use of currencies by private voluntary organizations and cooperatives. Extends the Food Aid Consultative Group through FY2018. Repeals the duty of the U.S. Agency for International Development (USAID) to evaluate monetization programs. Repeals the requirement that agricultural commodities under the Act be produced in the United States. Extends through FY2018 the authorizastion for agreements to finance sales to provide emergency assistance. Exempts emergency and private assistance activities under title II of such Act from requirements for: (1) exports financed by the U.S. government; and (2) cargoes procured, furnished, or financed by the U.S. government. | {"src": "billsum_train", "title": "Food Aid Reform Act"} | 1,760 | 197 | 0.544427 | 1.546319 | 0.776549 | 1.339869 | 9.633987 | 0.686275 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recreational Fishing and Hunting
Heritage and Opportunities Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) recreational fishing and hunting are important and
traditional activities in which millions of Americans
participate;
(2) recreational anglers and hunters have been and continue
to be among the foremost supporters of sound fish and wildlife
management and conservation in the United States;
(3) recreational fishing and hunting are environmentally
acceptable and beneficial activities that occur and can be
provided on Federal public lands and waters without adverse
effects on other uses or users;
(4) recreational anglers, hunters, and sporting
organizations provide direct assistance to fish and wildlife
managers and enforcement officers of the Federal Government as
well as State and local governments by investing volunteer time
and effort to fish and wildlife conservation;
(5) recreational anglers, hunters, and the associated
industries have generated billions of dollars of critical
funding for fish and wildlife conservation, research, and
management by providing revenues from purchases of fishing and
hunting licenses, permits, and stamps, as well as excise taxes
on fishing, hunting, and shooting equipment that have generated
billions of dollars of critical funding for fish and wildlife
conservation, research, and management;
(6) recreational shooting is also an important and
traditional activity in which millions of Americans
participate, safe recreational shooting is a valid use of
Federal public lands, including the establishment of safe and
convenient shooting ranges on such lands, and participation in
recreational shooting helps recruit and retain hunters and
contributes to wildlife conservation;
(7) opportunities to recreationally fish, hunt, and shoot
are declining, which depresses participation in these
traditional activities, and depressed participation adversely
impacts fish and wildlife conservation and funding for
important conservation efforts; and
(8) the public interest would be served, and our citizens'
fish and wildlife resources benefitted, by action to ensure
that opportunities are facilitated to engage in fishing and
hunting on Federal public land as recognized by Executive Order
No. 12962, relating to recreational fisheries, and Executive
Order No. 13443, relating to facilitation of hunting heritage
and wildlife conservation.
SEC. 3. DEFINITIONS.
In this Act:
(1) Federal public land.--The term ``Federal public land''
means any land or water that is owned and managed by the Bureau
of Land Management or the Forest Service.
(2) Federal public land management officials.--The term
``Federal public land management officials'' means--
(A) the Secretary of the Interior and Director of
the Bureau of Land Management regarding Bureau of Land
Management lands and waters; and
(B) the Secretary of Agriculture and Chief of the
Forest Service regarding the National Forest System.
(3) Hunting.--
(A) In general.--Except as provided in subparagraph
(B), the term ``hunting'' means use of a firearm, bow,
or other authorized means in the lawful--
(i) pursuit, shooting, capture, collection,
trapping, or killing of wildlife;
(ii) attempt to pursue, shoot, capture,
collect, trap, or kill wildlife; or
(iii) the training of hunting dogs,
including field trials.
(B) Exclusion.--The term ``hunting'' does not
include the use of skilled volunteers to cull excess
animals (as defined by other Federal law).
(4) Recreational fishing.--The term ``recreational
fishing'' means the lawful--
(A) pursuit, capture, collection, or killing of
fish; or
(B) attempt to capture, collect, or kill fish.
(5) Recreational shooting.--The term ``recreational
shooting'' means any form of sport, training, competition, or
pastime, whether formal or informal, that involves the
discharge of a rifle, handgun, or shotgun, or the use of a bow
and arrow.
SEC. 4. RECREATIONAL FISHING, HUNTING, AND SHOOTING.
(a) In General.--Subject to valid existing rights and subsection
(g), and cooperation with the respective State fish and wildlife
agency, Federal public land management officials shall exercise
authority under existing law, including provisions regarding land use
planning, to facilitate use of and access to Federal public lands,
including National Monuments, Wilderness Areas, Wilderness Study Areas,
and lands administratively classified as wilderness eligible or
suitable and primitive or semi-primitive areas, for fishing, sport
hunting, and recreational shooting, except as limited by--
(1) statutory authority that authorizes action or
withholding action for reasons of national security, public
safety, or resource conservation;
(2) any other Federal statute that specifically precludes
recreational fishing, hunting, or shooting on specific Federal
public lands, waters, or units thereof; and
(3) discretionary limitations on recreational fishing,
hunting, and shooting determined to be necessary and reasonable
as supported by the best scientific evidence and advanced
through a transparent public process.
(b) Management.--Consistent with subsection (a), the head of each
Federal public land management agency shall exercise its land
management discretion--
(1) in a manner that supports and facilitates recreational
fishing, hunting, and shooting opportunities;
(2) to the extent authorized under applicable State law;
and
(3) in accordance with applicable Federal law.
(c) Planning.--
(1) Evaluation of effects on opportunities to engage in
recreational fishing, hunting, or shooting.--Federal public
land planning documents, including land resources management
plans, resource management plans, and comprehensive
conservation plans, shall include a specific evaluation of the
effects of such plans on opportunities to engage in
recreational fishing, hunting, or shooting.
(2) No major federal action.--No action taken under this
Act, or under section 4 of the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd), either
individually or cumulatively with other actions involving
Federal public lands or lands managed by the United States Fish
and Wildlife Service, shall be considered to be a major Federal
action significantly affecting the quality of the human
environment, and no additional identification, analysis, or
consideration of environmental effects, including cumulative
effects, is necessary or required.
(3) Other activity not considered.--Federal public land
management officials are not required to consider the existence
or availability of recreational fishing, hunting, or shooting
opportunities on adjacent or nearby public or private lands in
the planning for or determination of which Federal public lands
are open for these activities or in the setting of levels of
use for these activities on Federal public lands, unless the
combination or coordination of such opportunities would enhance
the recreational fishing, hunting, or shooting opportunities
available to the public.
(d) Federal Public Lands.--
(1) Lands open.--Lands under the jurisdiction of the Bureau
of Land Management and the Forest Service, including Wilderness
Areas, Wilderness Study Areas, lands designated as wilderness
or administratively classified as wilderness eligible or
suitable and primitive or semi-primitive areas and National
Monuments, but excluding lands on the Outer Continental Shelf,
shall be open to recreational fishing, hunting, and shooting
unless the managing Federal agency acts to close lands to such
activity. Lands may be subject to closures or restrictions if
determined by the head of the agency to be necessary and
reasonable and supported by facts and evidence, for purposes
including resource conservation, public safety, energy or
mineral production, energy generation or transmission
infrastructure, water supply facilities, protection of other
permittees, protection of private property rights or interest,
national security, or compliance with other law.
(2) Shooting ranges.--
(A) In general.--The head of each Federal agency
shall use his or her authorities in a manner consistent
with this Act and other applicable law, to--
(i) lease or permit use of lands under the
jurisdiction of the agency for shooting ranges;
and
(ii) designate specific lands under the
jurisdiction of the agency for recreational
shooting activities.
(B) Limitation on liability.--Any designation under
subparagraph (A)(ii) shall not subject the United
States to any civil action or claim for monetary
damages for injury or loss of property or personal
injury or death caused by any activity occurring at or
on such designated lands.
(e) Necessity in Wilderness Areas and ``Within and Supplemental
to'' Wilderness Purposes.--
(1) Minimum requirements for administration.--The provision
of opportunities for hunting, fishing and recreational
shooting, and the conservation of fish and wildlife to provide
sustainable use recreational opportunities on designated
Federal wilderness areas shall constitute measures necessary to
meet the minimum requirements for the administration of the
wilderness area, provided that this determination shall not
authorize or facilitate commodity development, use, or
extraction, motorized recreational access or use that is not
otherwise allowed under the Wilderness Act (16 U.S.C. 1131 et
seq.), or permanent road construction or maintenance within
designated wilderness areas.
(2) Application of wilderness act.--Provisions of the
Wilderness Act (16 U.S.C. 1131 et seq.), stipulating that
wilderness purposes are ``within and supplemental to'' the
purposes of the underlying Federal land unit are reaffirmed.
When seeking to carry out fish and wildlife conservation
programs and projects or provide fish and wildlife dependent
recreation opportunities on designated wilderness areas, the
head of each Federal agency shall implement these supplemental
purposes so as to facilitate, enhance, or both, but not to
impede the underlying Federal land purposes when seeking to
carry out fish and wildlife conservation programs and projects
or provide fish and wildlife dependent recreation opportunities
in designated wilderness areas, provided that such
implementation shall not authorize or facilitate commodity
development, use or extraction, or permanent road construction
or use within designated wilderness areas.
(f) Report.--Beginning on the second October 1 after the date of
the enactment of this Act and biennially on October 1 thereafter, the
head of each Federal agency who has authority to manage Federal public
land on which fishing, hunting, or recreational shooting occurs shall
submit to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate a report that describes--
(1) any Federal public land administered by the agency head
that was closed to recreational fishing, sport hunting, or
shooting at any time during the preceding year; and
(2) the reason for the closure.
(g) Closures or Significant Restrictions of 640 or More Acres.--
(1) In general.--Other than closures established or
prescribed by land planning actions referred to in subsection
(d) or emergency closures described in paragraph (3) of this
subsection, a permanent or temporary withdrawal, change of
classification, or change of management status of Federal
public land that effectively closes or significantly restricts
640 or more contiguous acres of Federal public land to access
or use for fishing or hunting or activities related to fishing,
hunting, or both, shall take effect only if, before the date of
withdrawal or change, the head of the Federal agency that has
jurisdiction over the Federal public land--
(A) publishes appropriate notice of the withdrawal
or change, respectively;
(B) demonstrates that coordination has occurred
with a State fish and wildlife agency; and
(C) submits to the Committee on Natural Resources
of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate written
notice of the withdrawal or change, respectively.
(2) Aggregate or cumulative effects.--If the aggregate or
cumulative effect of separate withdrawals or changes
effectively closes or significantly restricts 1,280 or more
acres of land or water, such withdrawals and changes shall be
treated as a single withdrawal or change for purposes of
paragraph (1).
(3) Emergency closures.--Nothing in this Act prohibits a
Federal land management agency from establishing or
implementing emergency closures or restrictions of the smallest
practicable area to provide for public safety, resource
conservation, national security, or other purposes authorized
by law. Such an emergency closure shall terminate after a
reasonable period of time unless converted to a permanent
closure consistent with this Act.
(h) National Park Service Units Not Affected.--Nothing in this Act
shall affect or modify management or use of units of the National Park
System.
(i) No Priority.--Nothing in this Act requires a Federal land
management agency to give preference to recreational fishing, hunting,
or shooting over other uses of Federal public land or over land or
water management priorities established by Federal law.
(j) Consultation With Councils.--In fulfilling the duties set forth
in this Act, the heads of Federal agencies shall consult with
respective advisory councils as established in Executive Order Nos.
12962 and 13443.
(k) Authority of the States.--
(1) In general.--Nothing in this Act shall be construed as
interfering with, diminishing, or conflicting with the
authority, jurisdiction, or responsibility of any State to
exercise primary management, control, or regulation of fish and
wildlife under State law (including regulations) on land or
water within the State, including on Federal public land.
(2) Federal licenses.--Nothing in this Act shall be
construed to authorize the head of a Federal agency to require
a license, fee, or permit to fish, hunt, or trap on land or
water in a State, including on Federal public land in the
States, except that this paragraph shall not affect the
Migratory Bird Stamp requirement set forth in the Migratory
Bird Hunting and Conservation Stamp Act (16 U.S.C. 718 et
seq.). | Recreational Fishing and Hunting Heritage and Opportunities Act Requires federal public land management officials to facilitate the use of, and access to, federal public lands for fishing, sport hunting, and recreational shooting with specified exceptions. Requires Bureau of Land Management (BLM) and Forest Service lands, excluding lands on the Outer Continental Shelf, to be open to recreational fishing, hunting, and shooting unless the managing agency acts to close such lands to such activity for purposes of resource conservation, public safety, energy production, water supply facilities, or national security. Requires the heads of federal agencies to use their authorities to lease their lands or permit use of their lands for shooting ranges, and designate specific lands for recreational shooting activities. Sets forth requirements for a permanent or temporary withdrawal, change of classification, or change of management status that effectively closes or significantly restricts 640 or more contiguous acres of federal public lands for fishing or hunting or related activities. | {"src": "billsum_train", "title": "Recreational Fishing and Hunting Heritage and Opportunities Act"} | 2,917 | 214 | 0.532617 | 1.510309 | 0.874933 | 4.108696 | 15.059783 | 0.934783 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Code Talkers Recognition Act''.
SEC. 2. EXPRESSION OF RECOGNITION.
The purpose of the medals authorized by this Act are to express
recognition by the United States and its citizens and to honor the
Native American Code Talkers who distinguished themselves in performing
highly successful communications operations of a unique type that
greatly assisted in saving countless lives and in hastening the end of
World War I and World War II.
TITLE I--SIOUX CODE TALKERS
SEC. 101. FINDINGS.
Congress finds the following:
(1) Sioux Indians used their native languages, Dakota,
Lakota, and Nakota Sioux, as code during World War II.
(2) These people, who manned radio communications networks
to advise of enemy actions, became known as the Sioux Code
Talkers.
(3) Under some of the heaviest combat action, the Code
Talkers worked around the clock to provide information which
saved the lives of many Americans in the Pacific and Europe,
such as the location of enemy troops and the number of enemy
guns.
(4) The Sioux Code Talkers were so successful that military
commanders credit the code with saving the lives of countless
American soldiers and being instrumental to the success of the
United States in many battles during World War II.
SEC. 102. CONGRESSIONAL GOLD MEDAL.
The Speaker of the House of Representatives and the President Pro
Tempore of the Senate shall make appropriate arrangements for the
presentation, on behalf of the Congress, of a gold medal of appropriate
design, to each Sioux Code Talker, including the following:
(1) Eddie Eagle Boy.
(2) Simon Brokenleg.
(3) Iver Crow Eagle, Sr.
(4) Edmund St. John.
(5) Walter C. John.
(6) John Bear King.
(7) Phillip ``Stoney'' LaBlanc.
(8) Baptiste Pumpkinseed.
(9) Guy Rondell.
(10) Charles Whitepipe.
(11) Clarence Wolfguts.
TITLE II--COMANCHE CODE TALKERS
SEC. 201. FINDINGS.
The Congress finds the following:
(1) On December 7, 1941, the Japanese Empire attacked Pearl
Harbor, Hawaii, and the Congress declared war the following
day.
(2) The military code, developed by the United States for
transmitting messages, had been deciphered by the Axis powers,
and United States military intelligence sought to develop a new
means to counter the enemy.
(3) The United States Government called upon the Comanche
Nation to support the military effort by recruiting and
enlisting Comanche men to serve in the United States Army to
develop a secret code based on the Comanche language.
(4) At the time, the Comanches were second-class citizens,
and they were a people who were discouraged from using their
own language.
(5) The Comanches of the 4th Signal Division became known
as the ``Comanche Code Talkers'' and helped to develop a code
using their language to communicate military messages during
the D-Day invasion and in the European theater during World War
II.
(6) To the enemy's frustration, the code developed by these
Native American Indians proved to be unbreakable and was used
extensively throughout the European theater.
(7) The Comanche language, discouraged in the past, was
instrumental in developing one of the most significant and
successful military codes of World War II.
(8) The Comanche Code Talkers contributed greatly to the
Allied war effort in Europe and were instrumental in winning
the war in Europe. Their efforts saved countless lives.
(9) Only 1 of the Comanche Code Talkers of World War II
remains alive today.
(10) The time has come for the United States Congress to
honor the Comanche Code Talkers for their valor and their
service to the Nation.
(11) The congressional gold medals authorized by this title
are the recognition and honor by the United States and its
citizens of the Comanche Code Talkers who distinguished
themselves in performing a unique, highly successful
communications operation that greatly assisted in saving
countless lives and in hastening the end of World War II in
Europe.
SEC. 202. CONGRESSIONAL GOLD MEDAL.
The Speaker of the House of Representatives and the President Pro
Tempore of the Senate shall make appropriate arrangements for the
presentation, on behalf of the Congress, of a gold medal of appropriate
design to each of the following Comanche Code Talkers of World War II,
in recognition of their contributions to the Nation:
(1) Charles Chibitty.
(2) Haddon Codynah.
(3) Robert Holder.
(4) Forrest Kassanovoid.
(5) Willington Mihecoby.
(6) Perry Noyebad.
(7) Clifford Otitivo.
(8) Simmons Parker.
(9) Melvin Permansu.
(10) Dick Red Elk.
(11) Elgin Red Elk.
(12) Larry Saupitty.
(13) Morris Sunrise.
(14) Willie Yackeschi.
TITLE III--CHOCTAW CODE TALKERS
SEC. 301. FINDINGS.
Congress finds the following:
(1) On April 6, 1917, the United States, after
extraordinary provocations, declared war on Germany, thus the
United States entered World War I, the War to End All Wars.
(2) At the time of this declaration of war, Indian people
in the United States, including members of the Choctaw Nation,
were not accorded the status of citizens of the United States.
(3) Without regard to this lack of citizenship, many
members of the Choctaw Nation joined many members of other
Indian tribes and nations in enlisting in the Armed Forces to
fight on behalf of their native land.
(4) Members of the Choctaw Nation were enlisted in the
force known as the American Expeditionary Force, which began
hostile actions in France in the fall of 1917, and
specifically, members of the Choctaw Nation were incorporated
in a company of Indian enlistees serving in the 142d Infantry
Company of the 36th Division.
(5) A major impediment to Allied operations in general, and
American operations in particular, was the fact that the German
forces had deciphered all codes used for transmitting
information between Allied commands, leading to substantial
loss of men and materiel during the first year of American
action.
(6) Because of the proximity and static nature of the
battle lines, a method to communicate without the knowledge of
the enemy was needed.
(7) An American commander realized the fact that he had
under his command a number of men who spoke a native language.
While the use of such native languages was discouraged by the
American Government, the commander sought out and recruited 18
Choctaw Indians to use for transmission of field telephone
communications during an upcoming campaign.
(8) Because the language used by the Choctaw soldiers in
the transmission of information was not based on a European
language or on a mathematical progression, the Germans were
unable to understand any of the transmissions.
(9) The Choctaw soldiers were placed in different command
positions, to achieve the widest possible area for
communications.
(10) The use of the Choctaw Code Talkers was particularly
important in the movement of American soldiers in October of
1918 (including securing forward and exposed positions), in the
protection of supplies during American action (including
protecting gun emplacements from enemy shelling), and in the
preparation for the assault on German positions in the final stages of
combat operations in the fall of 1918.
(11) In the opinion of the officers involved, the use of
Choctaw Indians to transmit information in their native
language saved men and munitions, and was highly successful.
Based on this successful experience, Choctaw Indians were being
withdrawn from frontline units for training in transmission of
codes so as to be more widely used when the war came to a halt.
(12) The Germans never succeeded in breaking the Choctaw
code.
(13) This was the first time in modern warfare that such
transmission of messages in a native American language was used
for the purpose of confusing the enemy.
(14) This action by members of the Choctaw Nation is
another example of the commitment of American Indians to the
defense of our great Nation and adds to the proud legacy of
such service.
(15) The Choctaw Nation has honored the actions of these 18
Choctaw Code Talkers through a memorial bearing their names
located at the entrance of the tribal complex in Durant,
Oklahoma.
SEC. 302. CONGRESSIONAL GOLD MEDAL.
The Speaker of the House of Representatives and the President Pro
Tempore of the Senate shall make appropriate arrangements for the
presentation, on behalf of the Congress, of a gold medal of appropriate
design honoring the Choctaw Code Talkers.
TITLE IV--GENERAL PROVISIONS
SEC. 401. MEDALS FOR OTHER CODE TALKERS.
(a) Presentation Authorized.--In addition to the gold medals
authorized to be presented under section 102, 202, and 302, the Speaker
of the House of Representatives and the President Pro Tempore of the
Senate shall make appropriate arrangements for the presentation, on
behalf of the Congress, of a gold medal of appropriate design to any
other Native American Code Talker identified by the Secretary of
Defense pursuant to subsection (b) who has not previously received a
congressional gold medal.
(b) Identification of Other Native American Code Talkers.--
(1) In general.--Any Native American member of the United
States Armed Forces who served as a Code Talker in any foreign
conflict in which the United States was involved during the
20th Century shall be eligible for a gold medal under this
section.
(2) Determination.--Eligibility under paragraph (1) shall
be determined by the Secretary of Defense and such Secretary
shall establish a list of the names of such eligible
individuals before the end of the 120-day period beginning on
the date of the enactment of this Act.
SEC. 402. PROVISIONS APPLICABLE TO ALL MEDALS UNDER THIS ACT.
(a) Medals Awarded Posthumously.--Medals authorized by this Act may
be awarded posthumously on behalf of, and presented to the next of kin
or other representative of, a Native American Code Talker.
(b) Design and Striking.--
(1) In general.--For purposes of any presentation of a gold
medal under this Act, the Secretary of the Treasury shall
strike gold medals with suitable emblems, devices, and
inscriptions, to be determined by the Secretary.
(2) Designs emblematic of tribal affiliation.--The design
of the gold medals struck under this Act for Native American
Code talkers of the same Indian tribe shall be emblematic of
the participation of the Code Talkers of such Indian tribe.
(3) Indian tribe defined.--For purposes of this subsection,
the term ``Indian tribe'' has the same meaning as in section 4
of the Indian Self-Determination and Education Assistance Act.
SEC. 403. DUPLICATE MEDALS.
The Secretary of the Treasury may strike and sell duplicates in
bronze of the gold medals struck under this Act in accordance with such
regulations as the Secretary may prescribe, and at a price sufficient
to cover the costs thereof, including labor, materials, dies, use of
machinery, and overhead expenses, and the cost of the bronze medal.
SEC. 404. STATUS AS NATIONAL MEDALS.
The medals struck pursuant to this Act are national medals for
purposes of chapter 51 of title 31, United States Code.
SEC. 405. FUNDING.
(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 costs of the medals
authorized by this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals under section 403 shall be deposited in the United States
Mint Public Enterprise Fund. | Code Talkers Recognition Act - Directs the Speaker of the House of Representatives and the President Pro Tempore of the Senate to make arrangements for the presentation of a congressional gold medal: (1) to persons, including specified individuals, who served as Sioux or Comanche Code Talkers during World War II; (2) honoring the Choctaw Code Talkers of World War I; and (3) to any other Native American member of the armed forces, identified by the Secretary of Defense, who served as a Code Talker in any foreign conflict in which the United States was involved during the 20th Century.Authorizes the Secretary of the Treasury to strike and sell duplicates in bronze of the gold medals struck under this Act and to deposit the proceeds in the United States Mint Public Enterprise Fund to pay for the costs of the medals awarded under this Act. | {"src": "billsum_train", "title": "To authorize the presentation of gold medals on behalf of Congress to Native Americans who served as Code Talkers during foreign conflicts in which the United States was involved during the 20th Century in recognition of their service to the Nation."} | 2,639 | 183 | 0.558275 | 1.860368 | 0.739437 | 4.79375 | 15.1875 | 0.95625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Act to Prioritize
Spending''.
SEC. 2. AMENDMENTS TO SECTIONS 251 AND 275.
(a) Adjustments to Discretionary Spending Limits.--In the matter
that precedes subparagraph (A) of section 251(b)(2) of the Balanced
Budget and Emergency Deficit Control Act of 1985, strike ``through
2002''.
(b) Discretionary Spending Limit.--Section 251(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985 is amended as follows:
(1) Strike paragraphs (1) through (5) and redesignate
paragraph (6) (which relates to fiscal year 2002) as paragraph
(1).
(2) Redesignate paragraph (7) (which relates to fiscal year
2003) as paragraph (2) and in such redesignated paragraph
redesignate subparagraphs (A), (B), and (C) as subparagraphs
(B), (C), and (D), respectively, and before subparagraph (B),
insert the following new subparagraph:
``(A) for the discretionary category:
$746,174,000,000 in new budget authority of which not
less than $382,742,000,000 shall be for the defense
category and $738,992,000,000 in outlays of which not
less than $368,865,000,000 shall be for the defense
category;''.
(3) Redesignate paragraph (8) as paragraph (3) and in such
redesignated paragraph strike ``with respect to fiscal year
2004'', redesignate the remaining matter as subparagraph (C),
and before such redesignated matter insert the following:
``(3) with respect to fiscal year 2004--
``(A) for the discretionary category:
$776,975,000,000 in new budget authority of which not
less than $400,502,000,000 shall be for the defense
category and $804,529,000,000 in outlays of which not
less than $387,092,000,000 shall be for the defense
category;
``(B) for the highway category: $29,972,000,000 in
outlays; and''.
(4) Redesignate paragraph (9) as paragraph (4) and in such
redesignated paragraph strike ``with respect to fiscal year
2005'', redesignate the remaining matter as subparagraph (B),
and before such redesignated matter insert the following:
``(4) with respect to fiscal year 2005--
``(A) for the discretionary category:
$804,455,000,000 in new budget authority of which not
less than $421,498,000,000 shall be for the defense
category and $829,209,000,000 in outlays of which not
less than $408,006,000,000 shall be for the defense
category;''.
(5) Redesignate paragraph (10) as paragraph (5) and in such
redesignated paragraph strike ``with respect to fiscal year
2006'', redesignate the remaining matter as subparagraph (B),
and before such redesignated matter insert the following:
``(5) with respect to fiscal year 2006--
``(A) for the discretionary category:
$831,378,000,000 in new budget authority of which not
less than $442,515,000,000 shall be for the defense
category and $849,064,000,000 in outlays of which not
less than $423,377,000,000 shall be for the defense
category;''.
(6) After paragraph (5), add the following new paragraph:
``(6) with respect to fiscal year 2007, for the
discretionary category: $864,998,000,000 in new budget
authority of which not less than $464,415,000,000 shall be for
the defense category and $873,675,000,000 in outlays of which
not less than $437,217,000,000 shall be for the defense
category;''.
(7) Redesignate paragraphs (11) through (16) as paragraphs
(7) through (12), respectively.
(c) Adjustments to Discretionary Spending Limits.--Section
251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of
1985 is amended by striking subparagraphs (C) through (F) and by
redesignating subparagraphs (G) and (H) as subparagraphs (C) and (D),
respectively, and by inserting after subparagraph (D) (as redesignated)
the following new subparagraphs:
``(E) War on terrorism.--(i) If a bill or joint
resolution is enacted providing new budget authority
for the Department of Defense to prosecute the war on
terrorism, the adjustment shall be for fiscal year
2003, $10,000,000,000 in new budget authority and
outlays flowing therefrom.
``(ii) An adjustment may not be made under this
subparagraph if the funds are designated as an
emergency requirement.
``(iii) As used in this subparagraph, the term
`budget authority for the Department of defense to
prosecute the war on terrorism' means budget authority
specifically designated for that purpose in the bill or
joint resolution providing the budget authority or
specifically designated for that purpose in a bill or
joint resolution authorizing funding for the Department of Defense.
``(F) Special education.--(i) If a bill or joint
resolution is enacted that provides in excess of
$7,529,000,000 in new budget authority for fiscal year
2003 for grants to States authorized under part B of
the Individuals with Disabilities Education Act (IDEA),
the adjustment shall be for fiscal year 2003,
$1,000,000,000 in new budget authority and outlays
flowing therefrom.
``(ii) If a bill or joint resolution is enacted
that provides at least $9,587,000,000 in new budget
authority for fiscal year 2004 for grants to States
authorized under part B of the Individuals with
Disabilities Education Act (IDEA), the adjustment shall
be for fiscal year 2004, $1,752,000,000 in new budget
authority and outlays flowing therefrom.
``(iii) If a bill or joint resolution is enacted
that provides at least $10,755,000,000 in new budget
authority for fiscal year 2005 for grants to States
authorized under part B of the Individuals with
Disabilities Education Act (IDEA), the adjustment shall
be for fiscal year 2005, $2,763,000,000 in new budget
authority and outlays flowing therefrom.
``(iv) If a bill or joint resolution is enacted
that provides at least $12,047,000,000 in new budget
authority for fiscal year 2006 for grants to States
authorized under part B of the Individuals with
Disabilities Education Act (IDEA), the adjustment shall
be for fiscal year 2006, $3,894,000,000 in new budget
authority and outlays flowing therefrom.
``(v) If a bill or joint resolution is enacted that
provides at least $13,497,000,000 in new budget
authority for fiscal year 2007 for grants to States
authorized under part B of the Individuals with
Disabilities Education Act (IDEA), the adjustment shall
be for fiscal year 2007, $5,180,000,000 in new budget
authority and outlays flowing therefrom.
``(G) Accrual accounting.--If a bill or joint
resolution is enacted that charges Federal agencies for
the full cost of accrued Federal retirement and health
benefits and a bill or joint resolution making
appropriations is enacted that provides new budget
authority to carry out the legislation charging Federal
agencies for such accrued costs, the adjustment shall
be equal to the reduction in mandatory budget authority
and the outlays flowing therefrom estimated to result
from the legislation charging Federal agencies for such
accrued costs.
``(H) Reclassification of student aid accounts.--If
a bill or joint resolution is enacted that amends the
Higher Education Act to make student aid administration
subject to annual appropriations, the adjustment shall
be:
``(i) for fiscal year 2003, $797,000,000 in
additional new budget authority and the outlays
flowing therefrom;
``(ii) for fiscal year 2004, $813,000,000
in additional new budget authority and the
outlays flowing therefrom;
``(iii) for fiscal year 2005, $833,000,000
in additional new budget authority and the
outlays flowing therefrom;
``(iv) for fiscal year 2006, $851,000,000
in additional new budget authority and the
outlays flowing therefrom;
``(v) for fiscal year 2007, $871,000,000 in
additional new budget authority and the outlays
flowing therefrom.
``(I) Highway category.--(i) If a bill or joint
resolution is enacted that establishes an obligation
limitation in excess of $23,864,000,000 for fiscal year
2003 for programs, projects, and activities within the
highway category, the adjustment to the highway
category shall be equal to the excess but not to exceed
$1,180,000,000 in outlays for fiscal year 2003.
``(ii) Limitation.--An adjustment may only be made
under this subparagraph if the bill or joint resolution
establishing the obligation limitation provides that
the obligation limitation is made available solely for
programs, projects, or activities as distributed under
section 1102 of the Transportation Equity Act for the
21st Century.''.
(d) Expiration.--Section 275(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by striking ``2002''
and inserting ``2007''. | Congressional Act to Prioritize Spending - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to extend the discretionary spending caps through FY 2007, earmarking funds for the defense category.Requires an adjustment for FY 2003 if new budget authority for the Department of Defense to prosecute the war on terrorism is enacted and such funds are not designated as an emergency requirement.Provides for adjustments for FY 2003 though FY 2007 for new budget authority for grants to States under part B of the Individuals with Disabilities Education Act if certain budget thresholds are met or exceeded.Provides for adjustments if Federal agencies are charged for and receive new budget authority to implement the accrual accounting of the full cost of Federal retirement and health benefits.Provides for adjustments for FY 2003 through FY 2007 if the Higher Education Act is amended to make student aid administration subject to annual appropriations.Provides for an adjustment to the highway category for FY 2003 if a specified obligation limit is exceeded, subject to specified limitations.Extends the Balanced Budget and Emergency Deficit Control Act of 1985 through FY 2007 (currently set to expire after FY 2002). | {"src": "billsum_train", "title": "To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to extend the discretionary spending limits through fiscal year 2007."} | 2,027 | 257 | 0.493683 | 1.349962 | 0.794535 | 2.802885 | 8.711538 | 0.850962 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wildlife Global Animal Information
Network for Surveillance Act'' or ``Wildlife GAINS Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the ongoing panzootic of highly pathogenic avian
influenza (HPAI) strain H5N1 in Asia and Eurasia is a threat to
global human health and the global poultry industry;
(2) the HPAI virus is capable of causing massive avian die-
offs, and response can easily involve the culling of tens of
millions of domestic poultry or domestic waterfowl, resulting
in significant economic losses;
(3) the fatality rate due to infection in humans may be 30
to 50 percent or more;
(4) it has long been known that wild birds are a reservoir
host for avian influenza viruses worldwide;
(5) the 1918 pandemic, the most lethal of the three
pandemics that killed over 40,000,000 people worldwide, was
caused by an influenza virus that initially jumped directly
from birds to humans and subsequently evolved an ability to
transmit from human-to-human;
(6) this precedent for an avian influenza virus to transmit
directly from birds to humans, then spread among humans,
significantly raises the concern about the current H5N1
influenza strain;
(7) increased surveillance, including on migratory birds,
is critical to controlling avian influenza and preparing for
other potential emerging infectious diseases;
(8) the capacity to proactively detect the threats could
result in significantly improved disease prediction and
prevention capabilities;
(9) international wildlife health surveillance does not
clearly fall under the jurisdiction of any Federal or
international agency;
(10) there is a continued inability to share real-time data
across the human, agricultural, wildlife, and veterinary
agencies on zoonotic threats;
(11) while surveillance at domestic poultry and domestic
waterfowl production facilities and farms is an immediate and
on-going monitoring need and is being supported through
relevant agencies, surveillance in wild bird populations that
may have been exposed to the virus is a critical component to
determine the spread of the virus, implement control measures,
and protect human, livestock, and wildlife health;
(12) monitoring and surveillance of wild migratory and
resident water birds are critically important to identifying
all strains of influenza viruses in wild birds as a library of
possible genotypes, determining their role in the spread of the
virus, and anticipating where outbreaks may occur to enhance
preparedness;
(13) improving surveillance of wildlife health around the
world would close significant jurisdictional and scientific
gaps in current emerging infectious disease preparedness;
(14) other emerging diseases beyond bird flu merit similar
attention, in terms of the potential threats to global public
health as well as agribiosecurity and biodiversity;
(15) the majority of emerging infectious diseases
identified in the past several decades have moved from wildlife
to humans, largely due to human incursions into or alterations
of wildlife habitats and hunting, consumption, and trade of
wildlife species;
(16) the human immunodeficiency virus (HIV) virus moved
from chimpanzees to humans via these mechanisms;
(17) many factors contribute to disease emergence and
spread from wildlife to domestic animals and humans, including
environmental degradation and the handling, consumption, and
trade of wildlife and wildlife-derived products;
(18) from avian influenza to the severe acute respiratory
syndrome (SARS), from bovine tuberculosis to the Ebola virus,
and from HIV/AIDS to monkey pox, a long list of zoonotic
diseases negatively impacts people's lives and livelihoods and
costs the global economy billions of dollars; and
(19) the Government of the United States lacks a
comprehensive program to monitor wildlife health around the
world, a program that could proactively inform preparedness not
just in the case of a potential H5N1 influenza strain pandemic,
but also for a broader array of emerging infectious disease
threats that often arise at the interface between wildlife,
humans, and their domestic animals.
SEC. 3. PURPOSE.
The purpose of this Act is to establish a Wildlife Global Animal
Information Network for Surveillance--
(1) to more rapidly and efficiently detect, verify, and
report on the presence of infectious diseases, such as highly
pathogenic avian influenza, in birds and other wildlife around
the world;
(2) to use information on pathogens found during
surveillance of wildlife to better delineate potential threats
to domestic animals, humans, as well as wildlife itself;
(3) to use information on when and where HPAI and other
pathogens of concern are identified in wildlife--
(A) to better guide preparedness in the United
States and around the world; and
(B) to carry out a strategic wildlife health
surveillance initiative that will provide regions,
countries, and specific locations with early warning
information that will help target resources toward
enhancement of agribiosecurity, surveillance, public
health vigilance, and related areas;
(4) to create an open access database within which
information on HPAI and other pathogens of interest identified
in wild birds and other wildlife can be shared as close to real
time as possible;
(5) to protect the health and safety of United States
citizens and officials traveling or living abroad; and
(6) to protect the economic interests of the United States
and its partners from threats to health, agriculture, and
natural resources, including wildlife itself.
SEC. 4. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Agency for International
Development, acting in partnership with an eligible
organization.
(2) Eligible organization.--The term ``eligible
organization'' means a nongovernmental wildlife conservation
organization chartered in the United States with--
(A) extensive global wildlife health experience in
tracking disease in wild birds and other wildlife,
including free-ranging, captive, and wild bird species;
(B) proven ability in identifying avian influenza,
Ebola virus, and other pathogens in wild birds or other
wildlife;
(C) experience managing and implementing similar
wildlife surveillance activities under the auspices of
the United States Agency for International Development;
and
(D) accredited zoological facilities in the United
States.
(3) HPAI.--The term ``HPAI'' means highly pathogenic avian
influenza.
(4) Wildlife gains.--The term ``Wildlife GAINS'' means the
Wildlife Global Animal Information Network for Surveillance
established under section 5(a).
(5) Wildlife gains partners.--The term ``Wildlife GAINS
partners'' means the partners of the Wildlife GAINS described
in section 5(b).
SEC. 5. WILDLIFE GLOBAL ANIMAL INFORMATION NETWORK FOR SURVEILLANCE.
(a) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall offer to enter into a
contract with 1 or more eligible organizations to establish a Wildlife
Global Animal Information Network for Surveillance.
(b) Partners.--In administering the Wildlife GAINS, the
Administrator and the eligible organization shall collaborate with
appropriate--
(1) Federal and State agency partners, including--
(A) the Department of Agriculture, acting through--
(i) the Agricultural Research Service; and
(ii) the Animal and Plant Health Inspection
Service;
(B) the Department of Health and Human Services,
acting through the Centers for Disease Control and
Prevention;
(C) the Department of Homeland Security;
(D) the Department of Defense;
(E) the Department of the Interior, acting
through--
(i) the United States Geological Survey;
and
(ii) the United States Fish and Wildlife
Service; and
(F) various State wildlife agencies in the United
States;
(2) multilateral agency partners, including--
(A) the Food and Agriculture Organization;
(B) the World Health Organization;
(C) the Office International des Epizooties, the
world animal health organization; and
(D) the World Conservation Union;
(3) conservation organizations with expertise in
international and domestic wildlife monitoring and
surveillance;
(4) accredited colleges of veterinary medicine and
medicine; and
(5) other national and international partners, as
necessary.
(c) International Surveillance.--The eligible organization, in
coordination with the United States Agency for International
Development, shall manage an international surveillance program under
which Federal Wildlife GAINS partners shall, and non-Federal Wildlife
GAINS partners are encouraged to--
(1) monitor and test for the presence or arrival of avian
influenza and other significant avian pathogens at important
bird areas around the world and in marketplaces with intense
trade in wild birds;
(2) monitor and test for the presence or arrival of other
significant pathogens in free-ranging wildlife and in places
with intense trade in wild animals;
(3) use trained professionals to collect samples and other
data and send samples to appropriate diagnostic centers;
(4) use the Wildlife GAINS, in partnership with relevant
agencies and organizations, for conducting--
(A) disease surveillance activities on migratory
birds and other wildlife worldwide;
(B) domestic and international field investigations
on migratory birds and other wildlife;
(C) training and capacity-building activities
related to the relationships between human health,
domestic animal health, and wildlife health; and
(D) research on methods and approaches for
detection and enhanced surveillance of HPAI and other
pathogens in migratory birds and other wildlife; and
(5) send samples for pathogen identification and testing to
certified laboratories that--
(A) meet internationally established methods
standards;
(B) are located at--
(i) the Centers for Disease Control and
Prevention;
(ii) the Office International des
Epizooties, the world animal health
organization;
(iii) the Food and Agriculture
Organization;
(iv) National Veterinary Services
Laboratories of the Department of Agriculture;
(v) the Agricultural Research Service; or
(vi) other relevant specialized
laboratories; and
(C) report the findings back to the eligible
organization and Wildlife GAINS partners.
(d) Network.--
(1) Partners.--Federal Wildlife GAINS partners shall, and
non-Federal Wildlife GAINS partners are encouraged to, transmit
information related to global distribution and characteristics
of significant pathogens to the Administrator acting through
the eligible organization.
(2) Administration.--The Administrator, acting through the
eligible organization, shall--
(A) use surveillance reports and other formal and
informal sources of information to identify and
investigate local disease outbreaks of avian influenza
and other infectious diseases involving wildlife, in
coordination with Wildlife GAINS partners;
(B) develop a long-term baseline of regional data
related to HPAI and pathogens in migratory birds and
other wildlife for analysis between and across sites to
create a system to identify when and where outbreaks
might occur and paths of dispersal;
(C) provide technical assistance for disease
prevention and control programs based on scientific
understanding of the relationships between wildlife
health, domestic animal health, and human health;
(D) provide analytical disease findings regularly
to the United States Agency for International
Development and other Federal Wildlife GAINS partners
to prevent or combat human and animal diseases;
(E) conduct other activities as are necessary to
support the Wildlife GAINS network and Wildlife GAINS
partners; and
(F) coordinate Wildlife GAINS surveillance results
at the headquarters of the eligible organization.
(e) Database.--
(1) In general.--The Administrator, acting through the
eligible organization, shall manage, map, and make available on
a database on the Internet all results and information gathered
under this Act.
(2) Requirements.--The database shall--
(A) provide geographic data on wildlife populations
and the movements of the populations and laboratory
test results; and
(B) be available for viewing by any Federal agency,
foreign country, multilateral institution,
organization, or individual.
(f) Training.--The Administrator shall request accredited colleges
of veterinary medicine and medicine and other Wildlife GAINS partners
to train members of the Wildlife GAINS network to--
(1) monitor important wildlife areas around the world; and
(2) test for the presence or arrival of avian influenza and
other significant pathogens of zoonotic concern or of concern
to domestic or wild animals.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$10,000,000 for each of fiscal years 2008 through 2012. | Wildlife Global Animal Information Network for Surveillance Act or Wildlife GAINS Act - Requires the Administrator of the United States Agency for International Development (USAID) to offer to enter into a contract with a nongovernmental wildlife conservation organization to establish a Wildlife Global Animal Information Network for Surveillance. Requires the eligible organization, in coordination with USAID, to manage an international surveillance program under which federal and non-federal partners: (1) monitor and test for the presence or arrival of avian pathogens and other significant pathogens in free-ranging wildlife; (2) use trained professionals to collect samples and data; (3) conduct disease surveillance, field investigations, training and capacity-building activities, and research; (4) send samples for pathogen identification and testing to certified laboratories; and (5) transmit information related to global distribution and characteristics of significant pathogens to the Administrator.
Requires the Administrator, acting through the organization, to: (1) use surveillance reports and other sources to identify and investigate local outbreaks of infectious diseases involving wildlife; (2) develop a long-term baseline of regional data related to pathogens in migratory birds and other wildlife for analysis between and across sites to create a system to identify when and where outbreaks might occur and paths of dispersal; (3) provide technical assistance for disease prevention and control programs; (4) provide analytical disease findings to USAID and other federal partners; and ( 5) manage, map, and make available on an Internet database all results and information gathered under this Act.
Directs the Administrator to request accredited colleges of veterinary medicine and other partners to train members of the Network to: (1) monitor important wildlife areas around the world; and (2) test for the presence or arrival of avian influenza and other significant pathogens of zoonotic concern or of concern to domestic or wild animals. | {"src": "billsum_train", "title": "To establish a wildlife global animal information network for surveillance internationally to combat the growing threat of emerging diseases that involve wild animals, such as bird flu, and for other purposes."} | 2,661 | 392 | 0.542047 | 1.852786 | 0.79989 | 5.470423 | 7.157746 | 0.980282 |
SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT;
TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Secure America Act
of 2005''.
(b) Amendments to Immigration and Nationality Act.--Except as
otherwise specifically provided, whenever in this Act an amendment 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 that section
or other provision of the Immigration and Nationality Act.
(c) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; amendments to Immigration and Nationality Act;
table of contents.
Sec. 2. Expedited removal.
Sec. 3. Increased criminal sentences and fines for alien smuggling.
Sec. 4. Enhanced penalties for persons committing offenses while armed.
Sec. 5. Use of Army and Air Force to secure the border.
Sec. 6. Mandatory sentencing ranges for reentering aliens.
Sec. 7. Penalty for countries that do not accept return of nationals.
Sec. 8. Bureau of Immigration Enforcement.
SEC. 2. EXPEDITED REMOVAL.
(a) In General.--Section 235(b)(1)(A)(iii) (8 U.S.C.
1225(b)(1)(A)(iii)) is amended--
(1) in subclause (I), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security'' each place it
appears; and
(2) by adding at the end the following new subclause:
``(III) Exception.--Notwithstanding subclauses (I)
and (II), the Secretary of Homeland Security shall
apply clauses (i) and (ii) of this subparagraph to any
alien (other than an alien described in subparagraph
(F)) who is not a national of a country contiguous to
the United States, who has not been admitted or paroled
into the United States, and who is apprehended within
100 miles of an international land border of the United
States and within 14 days of entry.''.
(b) Exceptions.--Section 235(b)(1)(F) (8 U.S.C. 1225(b)(1)(F)) is
amended by inserting before the period at the end the following: ``or
in any manner at or between a land border port of entry''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply to all
aliens apprehended on or after such date.
SEC. 3. INCREASED CRIMINAL SENTENCES AND FINES FOR ALIEN SMUGGLING.
(a) In General.--Subject to subsection (b), pursuant to its
authority under section 994(p) of title 28, United States Code, the
United States Sentencing Commission shall promulgate sentencing
guidelines or amend existing sentencing guidelines for smuggling,
transporting, harboring, or inducing aliens under sections 274(a)(1)(A)
of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A)) so as
to--
(1) triple the minimum term of imprisonment under that
section for offenses involving the smuggling, transporting,
harboring, or inducing of--
(A) 1 to 5 aliens from 10 months to 30 months;
(B) 6 to 24 aliens from 18 months to 54 months;
(C) 25 to 100 aliens from 27 months to 81 months;
and
(D) 101 or more aliens from 37 months to 111
months;
(2) increase the minimum level of fines for each of the
offenses described in subparagraphs (A) through (D) of
paragraph (1) to the greater of $25,000 per alien or 3 times
the amount the defendant received or expected to receive as
compensation for the illegal activity;
(3) increase by at least 2 offense levels above the
applicable enhancement in effect on the date of the enactment
of this Act the sentencing enhancements for intentionally or
recklessly creating a substantial risk of serious bodily injury
or causing bodily injury, serious injury, or permanent or life
threatening injury;
(4) for actions causing death, increase the offense level
to be equivalent to that for involuntary manslaughter under
section 1112 of title 28, United States Code; and
(5) for corporations or other business entities that
knowingly benefit from such offenses, increase the minimum
level of fines for each of the offenses described in
subparagraphs (A) through (D) of paragraph (1) to $50,000 per
alien employed directly, or indirectly through contract, by the
corporation or entity.
(b) Exception.--Subsection (a) shall not apply to an offense that
involved the smuggling, transporting, or harboring only of the
defendant's spouse or child (or both the defendant's spouse and child).
(c) Deadline.--The United States Sentencing Commission shall carry
out subsection (a) not later than the date that is 6 months after the
date of the enactment of this Act.
(d) Amendments to Criminal Penalties.--Section 274(a) (8 U.S.C.
1324(a)) is amended--
(1) in paragraph (1)(B)--
(A) in clause (i), by striking ``10 years'' and
inserting ``15 years'';
(B) in clause (ii), by striking ``5 years'' and
inserting ``10 years''; and
(C) in clause (iii), by striking ``20 years'' and
inserting ``40 years'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``one year, or
both; or'' and inserting ``3 years, or both;'';
(B) in subparagraph (B)--
(i) in clause (i), by adding at the end the
following: ``be fined under title 18, United
State Code, and imprisoned not less than 5
years nor more than 25 years;'';
(ii) in clause (ii), by striking ``or'' at
the end and inserting the following: ``be fined
under title 18, United States Code, and
imprisoned not less than 3 years nor more than
20 years; or''; and
(iii) in clause (iii), by adding at the end
the following: ``be fined under title 18,
United States Code, and imprisoned not more
than 15 years; or''; and
(C) by striking the matter following clause (iii)
and inserting the following:
``(C) in the case of a third or subsequent offense
described in subparagraph (B) and for any other
violation, shall be fined under title 18, United States
Code, and imprisoned not less than 5 years nor more
than 15 years.'';
(3) in paragraph (3)(A), by striking ``5 years'' and
inserting ``10 years''; and
(4) in paragraph (4), by striking ``10 years'' and
inserting ``20 years''.
(e) Effective Date.--The amendments made by subsection (d) shall
take effect on the date of enactment of this Act and shall apply to
offenses committed after such date.
SEC. 4. ENHANCED PENALTIES FOR PERSONS COMMITTING OFFENSES WHILE ARMED.
(a) In General.--Section 924(c)(1) of title 18, United States Code,
is amended--
(1) in subparagraph (A)--
(A) by inserting after ``device)'' the following:
``or any violation of section 274(a)(1)(A) of the
Immigration and Nationality Act''; and
(B) by striking ``or drug trafficking crime--'' and
inserting ``, drug trafficking crime, or violation of
section 274(a)(1)(A) of the Immigration and Nationality
Act--''; and
(2) in subparagraph (D)(ii), by striking ``or drug
trafficking crime'' and inserting ``, drug trafficking crime,
or violation of section 274(a)(1)(A) of the Immigration and
Nationality Act''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
offenses committed after such date.
SEC. 5. USE OF ARMY AND AIR FORCE TO SECURE THE BORDER.
(a) In General.--Section 1385 of title 18, United States Code, is
amended by inserting after ``execute the laws'' the following: ``other
than at or near a border of the United States in order to prevent
aliens not permitted by law to enter the United States, terrorists, and
drug smugglers from entering the United States''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment this Act.
SEC. 6. MANDATORY SENTENCING RANGES FOR REENTERING ALIENS.
(a) Mandatory Sentencing Ranges for Reentering Aliens.--Section 276
(8 U.S.C. 1326) is amended--
(1) in subsection (a), in the matter following paragraph
(2), by striking ``imprisoned not more than 2 years,'' and
inserting ``imprisoned for a term of not less than 1 year and
not more than 2 years,''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``imprisoned not
more than 10 years,'' and inserting ``imprisoned for a
term of not less than 5 years and not more than 10
years,'';
(B) in paragraph (2), by striking ``imprisoned not
more than 20 years,'' and inserting ``imprisoned for a
term of not less than 10 years and not more than 20
years,''; and
(C) in paragraph (4), by striking ``imprisoned for
not more than 10 years,'' and inserting ``imprisoned
for a term of not less than 5 years and not more than
10 years,''.
(b) Mandatory Sentencing Ranges for Persons Aiding or Assisting
Certain Reentering Aliens.--Section 277 (8 U.S.C. 1327) is amended--
(1) by striking ``Any person'' and inserting ``(a) Subject
to subsection (b), any person''; and
(2) by adding at the end the following:
``(b)(1) Any person who knowingly aids or assists any alien
violating section 276(b) to reenter the United States, or who connives
or conspires with any person or persons to allow, procure, or permit
any such alien to reenter the United States, shall be fined under title
18, United States Code, or imprisoned for a term imposed under
paragraph (2), or both.
``(2) The term of imprisonment imposed under paragraph (1) shall be
within the range to which the reentering alien is subject under section
276(b).''.
(c) Effective Date.--The amendments made by this section are
effective on the date of enactment of this Act and shall apply to
sentences entered on or after such date.
SEC. 7. PENALTY FOR COUNTRIES THAT DO NOT ACCEPT RETURN OF NATIONALS.
(a) In General.-- Section 243(d) (8 U.S.C. 1253(d)) is amended--
(1) by striking ``On being notified'' and inserting the
following:
``(1) In general.--Upon notification'';
(2) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security'' each place it appears; and
(3) by adding at the end the following:
``(2) Denial of admission.--The Secretary of Homeland
Security, after making a determination that the government of a
foreign country has denied or unreasonably delayed accepting an
alien who is a citizen, subject, national, or resident of that
country after the alien has been ordered removed, and after
consultation with the Secretary of State, may deny admission to
any citizen, subject, national or resident of that country
until the country accepts the alien that was ordered
removed.''.
(b) Effective Date.--The amendments made by subsection (a)
effective on the date of enactment of this Act.
SEC. 8. BUREAU OF IMMIGRATION ENFORCEMENT.
(a) In General.--Section 442 of Public Law 107-296 is amended--
(1) by striking the heading and inserting the following:
``SEC. 442. ESTABLISHMENT OF BUREAU OF IMMIGRATION ENFORCEMENT.'';
(2) by striking subsection (a)(1) and inserting the
following:
``(1) In general.--There shall be in the Department of
Homeland Security a bureau to be known as the `Bureau of
Immigration Enforcement'. The Bureau shall perform only those
functions described in section 441 and no other functions,
including no functions described in sections 403 and 421.'';
(3) by striking subsection (a)(2) and inserting the
following:
``(2) Assistant secretary.--The head of the Bureau of
Immigration Enforcement shall be the Assistant Secretary of the
Bureau of Immigration Enforcement, who--
``(A) shall report directly to the Under Secretary
for Border and Transportation Security; and
``(B) shall have a minimum of 5 years professional
experience in immigration law enforcement, and a
minimum of 5 years of management experience.'';
(4) in subsection (a)(3)--
(A) by striking ``Assistant Secretary of the Bureau
of Border Security'' and inserting ``Assistant
Secretary of the Bureau of Immigration Enforcement'';
(B) by striking ``Bureau of Border Security'' and
inserting ``Bureau of Immigration Enforcement'';
(C) by striking ``or'' and the end of subparagraph
(A)(i); and
(D) by striking clause (ii) of subparagraph (A));
(5) in subsection (a)(4), by striking ``Assistant Secretary
of the Bureau of Border Security'' and inserting ``Assistant
Secretary of the Bureau of Immigration Enforcement'';
(6) in subsection (a)(5), by striking ``Assistant Secretary
of the Bureau of Border Security'' and inserting ``Assistant
Secretary of the Bureau of Immigration Enforcement'';
(7) in subsection (b), by striking ``Bureau of Border
Security'' and inserting ``Bureau of Immigration Enforcement''
each place it appears; and
(8) in subsection (c), by striking ``Assistant Secretary of
the Bureau of Border Security'' and inserting ``Assistant
Secretary of Immigration Enforcement'' each place it appears.
(b) Conforming Amendments.--Sections 443, 444, 451, and 471 of such
Public Law are each amended by striking ``Bureau of Border Security''
and inserting ``Bureau of Immigration Enforcement'' each place it
appears.
(c) Limitation on Functions.--Section 471(b) of such Public Law, as
amended by this section, is further amended by adding at the end the
following: ``In addition, the authority provided by section 1502 may
not be used to add functions of the Bureau of Immigration Enforcement
not listed in section 441 to the Bureau of Immigration Enforcement.''. | Secure America Act of 2005 - Amends the Immigration and Nationality Act to direct that the Secretary of Homeland Security place an alien (other than from Mexico or Canada) who has not been admitted or paroled into expedited removal if apprehended within 100 miles of the border and within 14 days of unauthorized entry.
Directs the United States Sentencing Commission to promulgate increased alien smuggling sentencing guidelines. Amends the INA to increases criminal penalties for alien smuggling. Amends federal criminal law to provide additional penalties for carrying or using a firearm during alien smuggling activities.
Authorizes the use of the Armed Forces to secure the U.S. border.
Amends the INA to: (1) provide mandatory minimum sentences for aliens convicted of reentry after removal; and (2) impose on smugglers the same sentences that the aliens they have smuggled would receive.
Authorizes the Secretary to deny admission to any citizen, national, or resident of a country that has denied or delayed accepting an alien from such country who has been ordered removed from the United States.
Establishes in the Department of Homeland Security (DHS) the Bureau of Immigration Enforcement. | {"src": "billsum_train", "title": "To amend the Immigration and Nationality Act and other Acts to strengthen the enforcement of the immigration laws, and for other purposes."} | 3,638 | 272 | 0.561087 | 1.453216 | 0.923887 | 2.122642 | 14.457547 | 0.830189 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Long-Term
Investment Incentive Act of 1997''.
(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.
SEC. 2. REDUCTION OF TAX ON LONG-TERM CAPITAL GAINS ON ASSETS HELD MORE
THAN 2 YEARS.
(a) In General.--Part I of subchapter P of chapter 1 (relating to
treatment of capital gains) is amended by redesignating section 1202 as
section 1203 and by inserting after section 1201 the following new
section:
``SEC. 1202. CAPITAL GAINS DEDUCTION FOR ASSETS HELD BY NONCORPORATE
TAXPAYERS MORE THAN 2 YEARS.
``(a) General Rule.--If a taxpayer other than a corporation has a
net capital gain for any taxable year, there shall be allowed as a
deduction an amount equal to the sum of the applicable percentages of
the classes of net capital gain described in the table under subsection
(b).
``(b) Applicable Percentage.--For purposes of this subsection, the
applicable percentage shall be the percentage determined in accordance
with the following table:
The applicable
``In the case of:
percentage is:
2-year gain........................ 7.145
3-year gain........................ 14.29
4-year gain........................ 21.45
5-year gain........................ 28.57
6-year gain........................ 35.71
7-year gain........................ 42.86
8-year gain........................ 50.00.
``(c) Gain to Which Deduction Applies.--For purposes of this
section--
``(1) 2-year gain.--The term `2-year gain' means the lesser
of--
``(A) the net capital gain for the taxable year, or
``(B) the amount of long-term capital gain which
would be computed for the taxable year if only gain
from the sale or exchange of property held by the
taxpayer for more than 2 years but not more than 3
years were taken into account.
``(2) 3-year gain, etc.--The terms `3-, 4-,
5-, 6-, or 7-year gain' mean the amounts determined under
paragraph (1)--
``(A) by reducing the amount of the net capital
gain under subparagraph (A) thereof by an amount equal
to the long-term capital gain from the sale or exchange
of property with a holding period less than the minimum
holding period for any such category, and
``(B) by substituting 3, 4, 5, 6, or 7 years for 2
years and 4, 5, 6, 7, or 8 years for 3 years,
respectively, in subparagraph (B) thereof.
``(3) 8-year gain.--The term `8-year gain' means the lesser
of--
``(A) the net capital gain for the taxable year,
reduced by in the same manner as under paragraph
(2)(A), or
``(B) the amount of the long-term capital gain
which would be computed for the taxable year if only
gain from the sale or exchange of property held by the
taxpayer for more than 8 years were taken into account.
``(d) 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.
``(e) Coordination With Treatment of Capital Gain Under Limitation
on Investment Interest.--For purposes of this section, the net capital
gain for any taxable year shall be reduced (but not below zero) by the
amount which the taxpayer takes into account as investment income under
section 163(d)(4)(B)(iii).
``(f) Treatment of Collectibles.--
``(1) In general.--Solely for purposes of this section, any
gain or loss from the sale or exchange of a collectible shall
be treated as a short-term capital gain or loss (as the case may be),
without regard to the period such asset was held. The preceding
sentence shall apply only to the extent the gain or loss is taken into
account in computing taxable income.
``(2) Treatment of certain sales of interest in
partnership, etc.--For purposes of paragraph (1), any gain from
the sale or exchange of an interest in a partnership, S
corporation, or trust which is attributable to unrealized
appreciation in the value of collectibles held by such entity
shall be treated as gain from the sale or exchange of a
collectible. Rules similar to the rules of section 751(f) shall
apply for purposes of the preceding sentence.
``(3) Collectible.--For purposes of this subsection, the
term `collectible' means any capital asset which is a
collectible (as defined in section 408(m) without regard to
paragraph (3) thereof).
``(g) Transitional Rule.--
``(1) In general.--Gain may be taken into account under
subsection (c) only if such gain is properly taken into account
on or after May 7, 1997.
``(2) Special rules for pass-thru entities.--
``(A) In general.--In applying paragraph (1) with
respect to any pass-thru entity, the determination of
when gains and losses are properly taken into account
shall be made at the entity level.
``(B) Pass-thru entity defined.--For purposes of
subparagraph (A), the term `pass-thru entity' means--
``(i) a regulated investment company,
``(ii) a real estate investment trust,
``(iii) an S corporation,
``(iv) a partnership,
``(v) an estate or trust, and
``(vi) a common trust fund.''
(b) Deduction Allowable in Computing Adjusted Gross Income.--
Subsection (a) of section 62 is amended by inserting after paragraph
(16) the following new paragraph:
``(17) Long-term capital gains.--The deduction allowed by
section 1202.''
(c) Maximum Capital Gains Rate.--Section 1(h) is amended by adding
at the end the following new sentence: ``For purposes of this
subsection, taxable income shall be computed without regard to the
deduction allowed under section 1202.''
(d) Treatment of Certain Pass-Thru Entities.--
(1) Capital gain dividends of regulated investment
companies.--
(A) Subparagraph (B) of section 852(b)(3) is
amended to read as follows:
``(B) Treatment of capital gain dividends by
shareholders.--A capital gain dividend shall be treated
by the shareholders as gain from the sale or exchange
of a capital asset held for more than 1 year but not
more than 2 years; except that the portion of any such
dividend designated by the company as allocable 2-, 3-,
4-, 5-, 6-, 7-, or 8-year gain of the company shall be
treated as gain from the sale or exchange of a capital
asset held for the amount of years in such class for
purposes of section 1202. Rules similar to the rules of
subparagraph (C) shall apply to any designation under
the preceding sentence.''
(B) Clause (i) of section 852(b)(3)(D) is amended
by adding at the end the following new sentence:
``Rules similar to the rules of subparagraph (B) shall
apply in determining character of the amount to be so
included by any such shareholder.''
(2) Capital gain dividends of real estate investment
trusts.--Subparagraph (B) of section 857(b)(3) is amended to
read as follows:
``(B) Treatment of capital gain dividends by
shareholders.--A capital gain dividend shall be treated
by the shareholders or holders of beneficial interests
as gain from the sale or exchange of a capital asset
held for more than 1 year but not more than 2 years;
except that the portion of any such dividend designated
by the company as allocable to 2-, 3-, 4-, 5-, 6-, 7-,
or 8-year gain of the company shall be treated as gain
from the sale or exchange of a capital asset held for
the amount of years in such class for purposes of
section 1202. Rules similar to the rules of
subparagraph (C) shall apply to any designation under
the preceding sentence.''
(3) Common trust funds.--Subsection (c) of section 584 is
amended--
(A) by inserting ``and not more than 2 years''
after ``1 year'' each place it appears in paragraph
(2),
(B) by striking ``and'' at the end of paragraph
(2), and
(C) by redesignating paragraph (3) as paragraph (4)
and inserting after paragraph (2) the following new
paragraph:
``(3) as part of its gains from sales or exchanges of
capital assets held for periods described in the classes of
gains under section 1202(c), its proportionate share of the
gains of the common trust fund from sales or exchanges of
capital assets held for such periods, and''.
(e) Technical and Conforming Changes.--
(1) Subparagraph (B) of section 170(e)(1) is amended by
inserting ``(or, in the case of a taxpayer other than a
corporation, the percentage of such gain equal to 100 percent
minus the percentage applicable to such gain under section
1202(a))'' after ``the amount of gain''.
(2) Subparagraph (B) of section 172(d)(2) is amended to
read as follows:
``(B) the deduction under section 1202 and the
exclusion under section 1203 shall not be allowed.''
(3)(A) Section 221 (relating to cross reference) is amended
to read as follows:
``SEC. 221. CROSS REFERENCES.
``(1) For deduction for net capital gains in the case of a taxpayer
other than a corporation, 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''.
(4) The last sentence of section 453A(c)(3) is amended by
striking all that follows ``long-term capital gain,'' and
inserting ``the maximum rate on net capital gain under section
1(h) or 1201 or the deduction under section 1202 (whichever is
appropriate) shall be taken into account.''
(5) Paragraph (4) of section 642(c) 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 or any
exclusion allowable to the estate or trust under section
1203(a). In the case of a trust, the deduction allowed by this
subsection shall be subject to section 681 (relating to
unrelated business income).''
(6) The last sentence of paragraph (3) of section 643(a) is
amended to read as follows: ``The deduction under section 1202
and the exclusion under section 1203 shall not be taken into
account.''
(7) Subparagraph (C) of section 643(a)(6) is amended by
inserting ``(i)'' before ``there shall'' and by inserting
before the period ``, and (ii) the deduction under section 1202
(relating to capital gains deduction) shall not be taken into
account''.
(8) Paragraph (4) of section 691(c) is amended by striking
``sections 1(h), 1201, and 1211'' and inserting ``sections
1(h), 1201, 1202, and 1211''.
(9) The second sentence of section 871(a)(2) is amended by
inserting ``or 1203'' after ``1202''.
(10) Subsection (d) of section 1044 is amended by striking
``1202'' and inserting ``1203''.
(11) Paragraph (1) of section 1402(i) is amended by
inserting ``, and the deduction provided by section 1202 shall
not apply'' before the period at the end thereof.
(f) Clerical Amendment.--The table of sections for part I of
subchapter P of chapter 1 is amended by inserting after the item
relating to section 1201 the following new item:
``Sec. 1202. Capital gains deduction for
assets held by noncorporate
taxpayers more than 2 years.''
(g) Effective Date.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply to
taxable years ending on and after May 7, 1997.
(2) Contributions.--The amendment made by subsection (e)(1)
shall apply to contributions on or after May 7, 1997. | Long-Term Investment Incentive Act of 1997 - Amends the Internal Revenue Code to establish a sliding scale capital gains deduction on assets held between two years and eight years by noncorporate taxpayers. | {"src": "billsum_train", "title": "Long-Term Investment Incentive Act of 1997"} | 3,031 | 44 | 0.491288 | 1.069011 | 0.488587 | 2.342857 | 79.542857 | 0.8 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Paterson Great Falls National
Historical Park Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) City.--The term ``City'' means the City of Paterson,
New Jersey.
(2) Commission.--The term ``Commission'' means the Paterson
Great Falls National Historical Park Advisory Commission
established by section 6(a).
(3) Historic district.--The term ``Historic District''
means the Great Falls Historic District in the State.
(4) Management plan.--The term ``management plan'' means
the management plan for the Park developed under section 5.
(5) Map.--The term ``Map'' means the map entitled
``Paterson Great Falls National Historical Park-Proposed
Boundary'', numbered T03/80,001, and dated May 2008.
(6) Park.--The term ``Park'' means the Paterson Great Falls
National Historical Park established by section 3(a).
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) State.--The term ``State'' means the State of New
Jersey.
SEC. 3. PATERSON GREAT FALLS NATIONAL HISTORICAL PARK.
(a) Establishment.--
(1) In general.--Subject to paragraph (2), there is
established in the State a unit of the National Park System to
be known as the ``Paterson Great Falls National Historical
Park''.
(2) Conditions for establishment.--The Park shall not be
established until the date on which the Secretary determines
that--
(A)(i) the Secretary has acquired sufficient land
or an interest in land within the boundary of the Park
to constitute a manageable unit; or
(ii) the State or City, as appropriate, has entered
into a written agreement with the Secretary to donate--
(I) the Great Falls State Park, including
facilities for Park administration and visitor
services; or
(II) any portion of the Great Falls State
Park agreed to between the Secretary and the
State or City; and
(B) the Secretary has entered into a written
agreement with the State, City, or other public entity,
as appropriate, providing that--
(i) land owned by the State, City, or other
public entity within the Historic District will
be managed consistent with this Act; and
(ii) future uses of land within the
Historic District will be compatible with the
designation of the Park.
(b) Purpose.--The purpose of the Park is to preserve and interpret
for the benefit of present and future generations certain historical,
cultural, and natural resources associated with the Historic District.
(c) Boundaries.--The Park shall include the following sites, as
generally depicted on the Map:
(1) The upper, middle, and lower raceways.
(2) Mary Ellen Kramer (Great Falls) Park and adjacent land
owned by the City.
(3) A portion of Upper Raceway Park, including the Ivanhoe
Wheelhouse and the Society for Establishing Useful Manufactures
Gatehouse.
(4) Overlook Park and adjacent land, including the Society
for Establishing Useful Manufactures Hydroelectric Plant and
Administration Building.
(5) The Allied Textile Printing site, including the Colt
Gun Mill ruins, Mallory Mill ruins, Waverly Mill ruins, and
Todd Mill ruins.
(6) The Rogers Locomotive Company Erecting Shop, including
the Paterson Museum.
(7) The Great Falls Visitor Center.
(d) Availability of Map.--The Map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
(e) Publication of Notice.--Not later than 60 days after the date
on which the conditions in subparagraphs (A) and (B) of subsection
(a)(2) are satisfied, the Secretary shall publish in the Federal
Register notice of the establishment of the Park, including an official
boundary map for the Park.
SEC. 4. ADMINISTRATION.
(a) In General.--The Secretary shall administer the Park in
accordance with--
(1) this Act; and
(2) the laws generally applicable to units of the National
Park System, including--
(A) the National Park Service Organic Act (16
U.S.C. 1 et seq.); and
(B) the Act of August 21, 1935 (16 U.S.C. 461 et
seq.).
(b) State and Local Jurisdiction.--Nothing in this Act enlarges,
diminishes, or modifies any authority of the State, or any political
subdivision of the State (including the City)--
(1) to exercise civil and criminal jurisdiction; or
(2) to carry out State laws (including regulations) and
rules on non-Federal land located within the boundary of the
Park.
(c) Cooperative Agreements.--
(1) In general.--As the Secretary determines to be
appropriate to carry out this Act, the Secretary may enter into
cooperative agreements with the owner of the Great Falls
Visitor Center or any nationally significant properties within
the boundary of the Park under which the Secretary may
identify, interpret, restore, and provide technical assistance
for the preservation of the properties.
(2) Right of access.--A cooperative agreement entered into
under paragraph (1) shall provide that the Secretary, acting
through the Director of the National Park Service, shall have
the right of access at all reasonable times to all public
portions of the property covered by the agreement for the
purposes of--
(A) conducting visitors through the properties; and
(B) interpreting the properties for the public.
(3) Changes or alterations.--No changes or alterations
shall be made to any properties covered by a cooperative
agreement entered into under paragraph (1) unless the Secretary
and the other party to the agreement agree to the changes or
alterations.
(4) Conversion, use, or disposal.--Any payment made by the
Secretary under this subsection shall be subject to an
agreement that the conversion, use, or disposal of a project
for purposes contrary to the purposes of this Act, as
determined by the Secretary, shall entitle the United States to
reimbursement in amount equal to the greater of--
(A) the amounts made available to the project by
the United States; or
(B) the portion of the increased value of the
project attributable to the amounts made available
under this subsection, as determined at the time of the
conversion, use, or, disposal.
(5) Matching funds.--
(A) In general.--As a condition of the receipt of
funds under this subsection, the Secretary shall
require that any Federal funds made available under a
cooperative agreement shall be matched on a 1-to-1
basis by non-Federal funds.
(B) Form.--With the approval of the Secretary, the
non-Federal share required under subparagraph (A) may
be in the form of donated property, goods, or services
from a non-Federal source.
(d) Acquisition of Land.--
(1) In general.--The Secretary may acquire land or
interests in land within the boundary of the Park by donation,
purchase from a willing seller with donated or appropriated
funds, or exchange.
(2) Donation of state owned land.--Land or interests in
land owned by the State or any political subdivision of the
State may only be acquired by donation.
(e) Technical Assistance and Public Interpretation.--The Secretary
may provide technical assistance and public interpretation of related
historic and cultural resources within the boundary of the Historic
District.
SEC. 5. MANAGEMENT PLAN.
(a) In General.--Not later than 3 fiscal years after the date on
which funds are made available to carry out this section, the
Secretary, in consultation with the Commission, shall complete a
management plan for the Park in accordance with--
(1) section 12(b) of Public Law 91-383 (commonly known as
the ``National Park Service General Authorities Act'') (16
U.S.C. 1a-7(b)); and
(2) other applicable laws.
(b) Cost Share.--The management plan shall include provisions that
identify costs to be shared by the Federal Government, the State, and
the City, and other public or private entities or individuals for
necessary capital improvements to, and maintenance and operations of,
the Park.
(c) Submission to Congress.--On completion of the management plan,
the Secretary shall submit the management plan to--
(1) the Committee on Energy and Natural Resources of the
Senate; and
(2) the Committee on Natural Resources of the House of
Representatives.
SEC. 6. PATERSON GREAT FALLS NATIONAL HISTORICAL PARK ADVISORY
COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``Paterson Great Falls National Historical Park Advisory
Commission''.
(b) Duties.--The duties of the Commission shall be to advise the
Secretary in the development and implementation of the management plan.
(c) Membership.--
(1) Composition.--The Commission shall be composed of 9
members, to be appointed by the Secretary, of whom--
(A) 4 members shall be appointed after
consideration of recommendations submitted by the
Governor of the State;
(B) 2 members shall be after consideration of
recommendations submitted by the City Council of
Paterson, New Jersey;
(C) 1 member shall be after consideration of
recommendations submitted by the Board of Chosen
Freeholders of Passaic County, New Jersey; and
(D) 2 members shall have experience with national
parks and historic preservation.
(2) Initial appointments.--The Secretary shall appoint the
initial members of the Commission not later than the earlier
of--
(A) the date that is 30 days after the date on
which the Secretary has received all of the
recommendations for appointments under paragraph (1);
or
(B) the date that is 30 days after the Park is
established in accordance with section 3.
(d) Term; Vacancies.--
(1) Term.--
(A) In general.--A member shall be appointed for a
term of 3 years.
(B) Reappointment.--A member may be reappointed for
not more than 1 additional term.
(2) Vacancies.--A vacancy on the Commission shall be filled
in the same manner as the original appointment was made.
(e) Meetings.--The Commission shall meet at the call of--
(1) the Chairperson; or
(2) a majority of the members of the Commission.
(f) Quorum.--A majority of the Commission shall constitute a
quorum.
(g) Chairperson and Vice Chairperson.--
(1) In general.--The Commission shall select a Chairperson
and Vice Chairperson from among the members of the Commission.
(2) Vice chairperson.--The Vice Chairperson shall serve as
Chairperson in the absence of the Chairperson.
(3) Term.--A member may serve as Chairperson or Vice
Chairman for not more than 1 year in each office.
(h) Commission Personnel Matters.--
(1) Compensation of members.--
(A) In general.--Members of the Commission shall
serve without compensation.
(B) Travel expenses.--Members of the Commission
shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for an
employee of an agency under subchapter I of chapter 57
of title 5, United States Code, while away from the
home or regular place of business of the member in the
performance of the duties of the Commission.
(2) Staff.--
(A) In general.--The Secretary shall provide the
Commission with any staff members and technical
assistance that the Secretary, after consultation with
the Commission, determines to be appropriate to enable
the Commission to carry out the duties of the
Commission.
(B) Detail of employees.--The Secretary may accept
the services of personnel detailed from--
(i) the State;
(ii) any political subdivision of the
State; or
(iii) any entity represented on the
Commission.
(i) FACA Nonapplicability.--Section 14(b) of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Commission.
(j) Termination.--The Commission shall terminate 10 years after the
date of enactment of this Act.
SEC. 7. STUDY OF HINCHLIFFE STADIUM.
(a) In General.--Not later than 3 fiscal years after the date on
which funds are made available to carry out this Act, the Secretary
shall complete a study regarding the preservation and interpretation of
Hinchliffe Stadium, which is listed on the National Register of
Historic Places.
(b) Inclusions.--The study shall include an assessment of--
(1) the potential for listing the stadium as a National
Historic Landmark; and
(2) options for maintaining the historic integrity of
Hinchliffe Stadium.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Paterson Great Falls National Historical Park Act - Establishes the Paterson Great Falls National Historical Park in New Jersey as a unit of the National Park System.
Sets forth conditions concerning the establishment of the Park.
Sets forth provisions regarding the administration of the Park.
Requires the Secretary of the Interior to complete a management plan for the Park.
Establishes the Paterson Great Falls National Historical Park Advisory Commission to advise the Secretary in the development of the management plan.
Directs the Secretary to complete a study regarding the preservation and interpretation of Hinchliffe Stadium as listed on the National Register of Historic Places, which shall include an assessment of the potential for listing it as a National Historic Landmark as well as options for maintaining its historic integrity. | {"src": "billsum_train", "title": "A bill to establish the Paterson Great Falls National Historical Park, and for other purposes."} | 2,848 | 162 | 0.597929 | 1.622236 | 0.780175 | 3.496454 | 18.397163 | 0.886525 |
SECTION 1. DELAY OF EFFECTIVE DATES FOR SINGLE-EMPLOYER PLAN FUNDING
RULES.
(a) In General.--
(1) Delayed effective dates.--The sections of the Pension
Protection Act of 2006, the Internal Revenue Code of 1986, and
the Employee Retirement Income Security Act of 1974 specified
in paragraph (3) are amended--
(A) by striking ``2007'' and inserting, ``the
applicable funding pre-effective date year (as defined
in section 1305 of the Pension Protection Act of
2006)'',
(B) by striking ``2008'' and inserting ``the
applicable funding effective date year (as defined in
section 1305 of the Pension Protection Act of 2006)'',
(C) by striking ``2009'' and inserting ``the
calendar year after the applicable funding effective
date year (as defined in section 1305 of the Pension
Protection Act of 2006)'',
(D) by striking ``2010'' and inserting ``the
calendar year that is two years after the applicable
effective date year (as defined in section 1305 of the
Pension Protection Act of 2006)'',
(E) by striking ``2011'' and inserting ``the
calendar year that is three years after the applicable
funding effective date year (as defined in section 1305
of the Pension Protection Act of 2006)'', and
(F) by striking ``2012'' and inserting ``the
calendar year that is four years after the applicable
funding effective year (as defined in section 1305 of
the Pension Protection Act of 2006)''.
(2) Applicable funding effective date years.--Title XIII of
the Pension Protection Act of 2006 is amended by adding at the
end the following new section:
``SEC. 1305. APPLICABLE FUNDING EFFECTIVE DATES.
``(a) In General.--
``(1) For purposes of this Act, except as otherwise
provided in this section, the term `applicable funding pre-
effective date year' means 2008.
``(2) For purposes of this Act, the term `applicable
funding effective date year' means the calendar year
immediately following the applicable funding pre-effective date
year.
``(b) Exception.--Subsection (a)(1) shall apply only if final
regulations are issued by June 30, 2008, with respect to sections
206(g), 303(f), 303(g)(3), 303(h)(2), 303(h)(3), 303(i)(4)(A)(ii), and
303(j)(3)(A) of the Employee Retirement Income Security Act of 1974 and
sections 430(f), 430(g)(3), 430(h)(2), 430(h)(3), 430(i)(4)(A)(ii),
430(j)(3)(A), and 436 of the Internal Revenue Code of 1986. If final
regulations under all such sections are not issued by June 30, 2008,
for purposes of this Act, the term `applicable funding pre-effective
date year' shall mean the first calendar year with respect to which all
such final regulations are issued by June 30 of such year.
``(c) Effective Date.--This section shall take effect on the date
of the enactment of this Act.''.
(3) Applicable sections.--
(A) Pension protection act of 2006.--The amendments
made in paragraph (1) shall apply to the following
sections of the Pension Protection Act of 2006: 101(d),
102(c), 103(c), 104(b), 105(b), 106(b), 107(e), 111(b),
112(b), 113(b), 115(a), 115(b)(3), 115(e)(2), 302(c),
401(a)(2), 402(b)(1), 505(c), and 802(b).
(B) Internal revenue code of 1986.--The amendments
made in paragraph (1) shall apply to the following
sections of the Internal Revenue Code of 1986:
417(e)(3), 430(c)(5), 430(f)(1)(B)(ii)(I),430(f)(3)(C),
430(f)(6)(C)(i), 430(f)(7)(C)(i), 430(h)(2)(G),
430(i)(4)(B), 430(i)(5)(C), 436(j), and 436(k).
(C) Employee retirement income security act of
1974.--The amendments made in paragraph (1) shall apply
to the following sections of the Employee Retirement
Income Security Act of 1974: 205(g)(3), 206(g)(9),
206(g)(10), 303(c)(5), 303(f)(1)(B)(ii)(I),
303(f)(3)(C), 303(f)(6)(C)(i), 303(f)(7)(C)(i),
303(h)(2)(G), 303(i)(4)(B), 303(i)(5)(C), and
4041(b)(5)(C)(i).
(b) Extension of Replacement of 30-Year Treasury Rates.--
(1) Amendments of erisa.--
(A) Determination of range.--Subclause (II) of
section 302(b)(5)(B)(ii) of the Employee Retirement
Income Security Act of 1974 is amended--
(i) by striking ``January 1, 2008'' and
inserting ``January 1 of the applicable funding
effective date year (as defined in section 1305
of the Pension Protection Act of 2006)'', and
(ii) in the heading, by striking ``for
years 2004, 2005, 2006, and 2007''.
(B) Determination of current liability.--Subclause
(IV) of section 302(d)(7)(C)(i) of such Act is
amended--
(i) by striking ``in 2004, 2005, 2006, or
2007'' and inserting ``after 2003 and before
the applicable funding effective date year (as
defined in section 1305 of the Pension
Protection Act of 2006)'', and
(ii) in the heading, by striking ``for
years 2004, 2005, 2006, and 2007''.
(C) PBGC premium rate.--Subclause (V) of section
4006(a)(3)(E)(iii) of such Act is amended by striking
``January 1, 2008'' and inserting ``January 1 of the
applicable funding effective date year (as defined in
section 1305 of the Pension Protection Act of 2006)''.
(2) Amendments of internal revenue code.--
(A) Determination of range.--Subclause (II) of
section 412(b)(5)(B)(ii) of the Internal Revenue Code
of 1986 is amended--
(i) by striking ``January 1, 2008'' and
inserting ``January 1 of the applicable funding
effective date year (as defined in section 1305
of the Pension Protection Act of 2006)'', and
(ii) in the heading, by striking ``for
years 2004, 2005, 2006, and 2007''.
(B) Determination of current liability.--Subclause
(IV) of section 412(1)(7)(C)(i) of such Code is
amended--
(i) by striking ``in 2004, 2005, 2006, and
2007'' and inserting ``after 2003 and before
the applicable funding effective date year (as
defined in section 1305 of the Pension
Protection Act of 2006)'', and
(ii) in the heading, by striking ``for
years 2004, 2005, 2006, and 2007''.
(3) Plan amendments.--Clause (ii) of section 101(c)(2)(A)
of the Pension Funding Equity Act of 2004 is amended by
striking ``January 1, 2008'' and inserting ``January 1 of the
applicable funding effective date year (as defined in section
1305 of the Pension Protection Act of 2006)''.
(c) Conforming Amendments Regarding Transition Rule.--
(1) In general.--Paragraph (1) of section 115(d) of the
Pension Protection Act of 2006 is amended to read as follows:
``(1) In general.--Section 769(c)(3) of the Retirement
Protection Act of 1994, as added by section 201 of the Pension
Funding Equity Act of 2004, is amended by striking `in 2004 and
2005' and inserting `after 2003 and before the applicable
funding effective date year (as defined in section 1305 of the
Pension Protection Act of 2006)'.''.
(2) Heading.--The heading of subsection (d) of section 115
of such Act is amended by striking ``for 2006 and 2007''.
(d) Conforming Amendments Regarding Funding Notice.--
(1) In general.--Paragraph (1) of section 501(d) of the
Pension Protection Act of 2006 is amended to read as follows:
``(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to plan years
beginning after December 31 of the applicable funding pre-
effective date year (as defined in section 1305 of this Act),
or, in the case of a multiemployer plan, plan years beginning
after December 31, 2007.''.
(2) Repeal of notice.--Subsection (d) of section 501 of
such Act is amended by redesignating paragraph (2) as paragraph
(3), and by inserting after paragraph (1) the following new
paragraph:
``(2) Repeal of notice.--The amendment made by subsection
(b) shall apply to plan years beginning after December 31,
2006.''.
(3) Transition rule.--Paragraph (3) of section 501(d) of
such Act, as redesignated, is amended--
(A) by adding ``or, in the case of a single-
employer plan, before January 1 of the applicable
funding effective date year (as defined in section 1305
of this Act)'' after ``2008,'',
(B) by striking ``2006'' and inserting ``2006 or,
in the case of a single-employer plan, before the
applicable funding pre-effective date year (as defined
in section 1305 of this Act)'',
(C) by striking ``2007'' and inserting ``the
applicable funding pre-effective date year (as defined
in section 1305 of this Act)'',
(D) by striking ``or funded percentage'' the second
place it appears,
(E) by striking ``may provide.'' and inserting
``may provide, and'',
(F) by adding at the end the following:
``(C) in the case of a plan year beginning in 2007,
the funded percentage as determined using such methods
of estimation as the Secretary of the Treasury may
provide.''.
(e) Conforming Amendments Regarding Additional Annual Reporting
Requirements.--Subsection (f) of section 503 of the Pension Protection
Act of 2006 is amended to read as follows:
``(f) Effective Date.--
``(1) In general.--Except as otherwise provided in
paragraph (2), the amendments made by this section shall apply
to plan years beginning after the applicable funding pre-
effective date year (as defined in section 1305 of this Act).
``(2) Multiemployer plans.--With respect to multiemployer
plans, the amendments made by this section shall apply to plan
years beginning after December 31, 2007.''.
(f) Conforming Amendments Regarding Plan Amendments.--
(1) In general.--Subparagraph (B) of section 1107(b)(1) of
the Pension Protection Act of 2006 is amended by striking
``January 1, 2009'' and inserting ``January 1 of the calendar
year after the applicable funding effective date year (as
defined in section 1305 of this Act)''.
(2) Governmental plans.--Paragraph (1) of section 1107(b)
of such Act is amended to read as follows:
``(1) In the case of a governmental plan (as defined in
section 414(d) of the Internal Revenue Code of 1986),
subparagraph (B) shall be applied as if it read: `on or before
the last day of the first plan year beginning on or after
January 1 of the calendar year that is three years after the
applicable funding effective date year (as defined in section
1305 of this Act)'.''.
(g) Conforming Amendments Regarding Deduction Limits.--
(1) In general.--Paragraph (1) of section 801(f) of the
Pension Protection Act of 2006, as redesignated by paragraph
(4), is amended--
(A) by striking ``paragraph (2)'' and inserting
``paragraphs (2) and (3)'', and
(B) by striking ``December 31, 2007'' and inserting
``December 31 of the applicable funding pre-effective
date year (as defined in section 1305 of this Act)''.
(2) Multiemployer plans.--Subsection (f) of section 801 of
such Act, as redesignated by paragraph (4), is amended by
redesignating paragraph (2) as paragraph (3) and by inserting
after paragraph (1) the following new paragraph:
``(2) Multiemployer plans.--Except as provided in paragraph
(3), with respect to multiemployer plans, the amendments made
by this section shall apply to years beginning after December
31, 2007.''.
(3) Special rule.--Paragraph (3) of section 801(d) of such
Act, as redesignated, is amended by adding at the end the
following: ``The amendments made by subsection (e) shall apply
to years beginning after December 31, 2007, and before January
1 of the applicable funding effective date year (as defined in
section 1305 of this Act).''.
(4) Conforming amendments.--
(A) In general.--Subparagraph (D) of section
404(a)(1) of the Internal Revenue Code of 1986 (as
amended by the Pension Protection Act of 2006 other
than section 802 of such Act) is amended by adding at
the end the following:
``(v) Multiemployer plans.--In the case of
a defined benefit plan which is a multiemployer
plan, except as provided in regulations, the
maximum amount deductible under the limitations
of this paragraph shall not be less than the
excess (if any) of--
``(I) 140 percent of the current
liability of the plan determined under
section 431(c)(6)(C), over
``(II) the value of the plan's
assets determined under section
431(c)(2).''.
(B) Single-employer plans.--Subparagraph (D) of
section 404(a)(1) of such Code is amended--
(i) by inserting after ``defined benefit
plan'' in clause (i) the following ``(other
than a multiemployer plan)'',
(ii) by striking ``(140 percent in the case
of a multiemployer plan)'' in clause (i), and
(iii) by striking ``clause (i)'' in clause
(iv) and inserting ``clauses (i) and (v)''.
(h) Conforming Amendment Regarding Commercial Airlines.--Paragraph
(2) of section 402(a) of the Pension Protection Act of 2006 is amended
by adding at the end the following: ``In the case of an election under
this paragraph, such sections shall apply with respect to such plan
sponsor based on the effective date provisions in effect immediately
before the enactment of section 1305 of this Act.''.
SEC. 2. EFFECTIVE DATE.
The amendments made by this Act shall take effect as if included in
the enactment of the Pension Protection Act of 2006. | Amends the Pension Protection Act of 2006, the Internal Revenue Code, and the Employee Retirement Income Security Act of 1974 to delay until January 1, 2009, the implementation of pension plan funding rules enacted by the Pension Protection Act of 2006. | {"src": "billsum_train", "title": "To provide an orderly transition to new requirements, and for other purposes."} | 3,556 | 49 | 0.603456 | 1.349416 | 0.379946 | 4.521739 | 65.369565 | 0.913043 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting America's Competitive
Edge Through Tax Incentives Act of 2006'' or the ``PACE-Finance Act''.
SEC. 2. EXPANSION OF CREDIT FOR RESEARCH AND DEVELOPMENT.
(a) Credit Made Permanent.--
(1) In general.--Section 41 of the Internal Revenue Code of
1986 (relating to credit for increasing research activities) is
amended by striking subsection (h).
(2) Conforming amendment.--Paragraph (1) of section 45C(b)
of such Code is amended by striking subparagraph (D).
(3) Effective date.--The amendments made by this subsection
shall apply to amounts paid or incurred after the date of the
enactment of this Act, in taxable years ending after such date.
(b) Credit Rate Doubled.--Paragraphs (1) and (2) of section 41(a)
of the Internal Revenue Code of 1986 are each amended by striking ``20
percent'' and inserting ``40 percent''.
(c) New Regulations and Guidelines Authorized.--The Secretary of
the Treasury shall issue such regulations or guidelines as are
necessary--
(1) to provide uniform conduct of tax audits relating to
the credit under section 41 of the Internal Revenue Code of
1986, and
(2) to reflect the changing impact of technology on the
character of research and development, such as use of databases
provided by external parties and the conduct of research and
development through joint ventures.
(d) Expansion of Credit to Expenses of General Collaborative
Research Consortia.--Section 41 of the Internal Revenue Code of 1986 is
amended--
(1) by striking ``an energy research consortium'' in
subsections (a)(3) and (b)(3)(C)(i) and inserting ``a research
consortium'',
(2) by striking ``energy'' each place it appears in
subsection (f)(6)(A),
(3) by inserting ``or 501(c)(6)'' after ``section
501(c)(3)'' in subsection (f)(6)(A)(i)(I), and
(4) by striking ``Energy research'' in the heading for
subsection (f)(6)(A) and inserting ``Research''.
(e) Study of Further Expansion of Credit.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of the
Treasury shall study and make recommendations in a report to the
President, the Committee on Finance of the Senate, and the Committee on
Ways and Means of the House of Representatives on the following
possible methods of expanding the scope of the credit under section 41
of the Internal Revenue Code of 1986:
(1) Modification of the credit to remove the incremental
approach of measuring creditable research and development
expenditures for taxpayers with significant and consistent
annual research and development expenditures.
(2) Expansion of qualifying research and development
expenditures to include--
(A) certain employee benefit costs related to
qualifying wages,
(B) 100 percent of contract research costs,
(C) all expenditures which would qualify for
treatment under section 174 of such Code,
(D) any other costs determined appropriate by the
Secretary.
(3) Reduction or elimination of limitation of credit under
section 280C(c) of such Code.
(f) Effective Date.--Except as otherwise provided, the amendments
made by this section shall apply to taxable years beginning after
December 31, 2005.
SEC. 3. UNITED STATES-BASED INNOVATION INCENTIVES STUDY.
(a) Study.--The Secretary of the Treasury, in consultation with the
Director of the Office of Management and Budget, shall conduct an
analysis of the United States tax system and its effect on this country
as a location for innovation investment and related activities. The
analysis shall include a comparison of the tax policies of other
nations relating to long-term innovation investment and an examination
of various features of the United States tax system, including--
(1) the treatment of capital gains, including the
appropriate rate for very long-term investments or the
appropriate allowance for loss write-offs,
(2) the overall corporate tax rate, and
(3) incentives for high-tech manufacturing and research
equipment through tax credits and accelerated depreciation.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Treasury shall report on
the study and analysis described in subsection (a) to the President,
the Committee on Finance of the Senate, and the Committee on Ways and
Means of the House of Representatives.
SEC. 4. EMPLOYEE CONTINUING EDUCATION TAX CREDIT.
(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. 45N. EMPLOYEE CONTINUING EDUCATION CREDIT.
``(a) Amount of Credit.--
``(1) In general.--For purposes of section 38, the employee
continuing education credit determined under this section with
respect to any employer for any taxable year is the applicable
percentage of qualified continuing education costs paid or
incurred by the employer during the calendar year ending with
or within such taxable year.
``(2) Applicable percentage.--For purposes of this section,
the applicable percentage is the percentage determined by the
Secretary such that the amount of the credit allowable under
this section for any calendar year does not exceed
$500,000,000.
``(b) Qualified Continuing Education Costs.--For purposes of this
section, the term `qualified continuing education costs' means costs
paid or incurred by an employer for education to maintain or improve
knowledge or skills in science or engineering of an employee whose
employment requires knowledge or skills in science or engineering.
``(c) Regulations.--The Secretary may prescribe such regulations as
may be necessary or appropriate to carry out the purposes of this
section, including regulations establishing standards for educational
courses and programs to which this section applies.''.
(b) Credit Made Part of General Business Credit.--Section 38(b) of
the Internal Revenue Code of 1986 is amended by striking ``and'' at the
end of paragraph (25), by striking the period at the end of paragraph
(26) and inserting ``, and'', and by adding at the end the following
new paragraph:
``(27) the employee continuing education credit determined
under section 45N(a).''.
(c) Denial of Double Benefit.--Section 280C of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
subsection:
``(e) Employee Continuing Education Credit.--No deduction shall be
allowed for that portion of the expenses otherwise allowable as a
deduction for the taxable year which is equal to the amount of the
credit determined under section 45N(a).''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 45N. Employee continuing education credit.''.
(e) Effective Date.--The amendments made by this section shall
apply to costs paid or incurred in taxable years beginning after
December 31, 2005. | Protecting America's Competitive Edge Through Tax Incentives Act of 2006 or the PACE-Finance Act - Amends the Internal Revenue Code to: (1) make permanent the tax credit for increasing research activities; (2) increase the rate of such credit from 20 to 40%; (3) expand such credit to include expenses of a research consortia; and (4) allow a business tax credit for the cost of employee continuing education in science or engineering.
Directs the Secretary of the Treasury to: (1) study and make recommendations on methods to expand the scope of the tax credit for increasing research activities; (2) conduct an analysis of the U.S. tax system and its effect on innovation investment and related activities; and (3) report on such studies to the President and Congress. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide tax incentives to promote research and development, innovation, and continuing education."} | 1,640 | 159 | 0.596253 | 1.784397 | 0.798069 | 2.837662 | 9.487013 | 0.876623 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Advancement of
Geriatric Education Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Disregard of certain geriatric residents and fellows against
graduate medical education limitations.
Sec. 3. Extension of eligibility periods for geriatric graduate medical
education.
Sec. 4. Study and report on improvement of graduate medical education.
Sec. 5. Improved funding for education and training relating to
geriatrics.
SEC. 2. DISREGARD OF CERTAIN GERIATRIC RESIDENTS AND FELLOWS AGAINST
GRADUATE MEDICAL EDUCATION LIMITATIONS.
(a) Direct GME.--Section 1886(h)(4)(F) of the Social Security Act
(42 U.S.C. 1395ww(h)(4)(F)) is amended by adding at the end the
following new clause:
``(iii) Increase in limitation for
geriatric residencies and fellowships.--For
cost reporting periods beginning on or after
the date that is 6 months after the date of
enactment of the Advancement of Geriatric
Education Act of 2001, in applying the
limitations regarding the total number of full-
time equivalent residents in the field of
allopathic or osteopathic medicine under clause
(i) for a hospital, the Secretary shall not
take into account a maximum of 5 residents
enrolled in a geriatric residency or fellowship
program approved by the Secretary for purposes
of paragraph (5)(A) to the extent that the
hospital increases the number of geriatric
residents or fellows above the number of such
residents or fellows for the hospital's most
recent cost reporting period ending before the
date that is 6 months after the date of
enactment of such Act.''.
(b) Indirect GME.--Section 1886(d)(5)(B) of the Social Security Act
(42 U.S.C. 1395ww(d)(5)(B)) is amended by adding at the end the
following new clause:
``(ix) Clause (iii) of subsection (h)(4)(F) shall apply to
clause (v) in the same manner and for the same period as such
clause (iii) applies to clause (i) of such subsection.''.
SEC. 3. EXTENSION OF ELIGIBILITY PERIODS FOR GERIATRIC GRADUATE MEDICAL
EDUCATION.
(a) Direct GME.--Section 1886(h)(5)(G) of the Social Security Act
(42 U.S.C. 1395ww(h)(5)(G)) is amended by adding at the end the
following new clause:
``(vi) Geriatric residency and fellowship
programs.--In the case of an individual
enrolled in a geriatric residency or fellowship
program approved by the Secretary for purposes
of subparagraph (A), the period of board
eligibility and the initial residency period
shall be the period of board eligibility for
the subspecialty involved, plus 1 year.''.
(b) Conforming Amendment.--Section 1886(h)(5)(F) of the Social
Security Act (42 U.S.C. 1395ww(h)(5)(F)) is amended by striking
``subparagraph (G)(v)'' and inserting ``clauses (v) and (vi) of
subparagraph (G)''.
(c) Effective Date.--The amendments made by this section shall
apply to cost reporting periods beginning on or after the date that is
6 months after the date of enactment of this Act.
SEC. 4. STUDY AND REPORT ON IMPROVEMENT OF GRADUATE MEDICAL EDUCATION.
(a) Study.--The Secretary of Health and Human Services shall
conduct a study to determine how to improve the graduate medical
education programs under subsections (d)(5)(B) and (h) of section 1886
of the Social Security Act (42 U.S.C. 1395ww) so that such programs
prepare the physician workforce to serve the aging population of the
United States. Such study shall include a determination of whether the
establishment of an initiative to encourage the development of
individuals as academic geriatricians would improve such programs.
(b) Report.--Not later than the date that is 6 months after the
date of enactment of this Act, the Secretary of Health and Human
Services shall submit to Congress a report on the study conducted under
subsection (a) together with such recommendations for legislative and
administrative action as the Secretary determines appropriate.
SEC. 5. IMPROVED FUNDING FOR EDUCATION AND TRAINING RELATING TO
GERIATRICS.
(a) Geriatric Faculty Fellowships.--Section of 753(c)(4) of the
Public Health Service Act (42 U.S.C. 294c(c)(4)) is amended--
(1) in subparagraph (A), by striking ``$50,000 for fiscal
year 1998'' and inserting ``$75,000 for fiscal year 2002''; and
(2) in subparagraph (B), by striking ``shall not exceed 5
years'' and inserting ``shall be 5 years''.
(b) Authorization of Appropriations.--Section 757 of the Public
Health Service Act (42 U.S.C. 294g) is amended--
(1) in subsection (a)--
(A) by striking ``In General.--There are
authorized'' and inserting ``Authorization.--
``(1) In general.--Except as provided in paragraph (2),
there are authorized''; and
(B) by adding at the end the following:
``(2) Education and training relating to geriatrics.--There
are authorized to be appropriated to carry out section 753 such
sums as may be necessary for each of fiscal years 2002 through
2006.''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking
``and'' at the end; and
(ii) by striking subparagraph (C) and
inserting the following:
``(C) not less than $22,631,000 for awards of
grants and contracts under--
``(i) section 753 for fiscal years 1998
through 2001; and
``(ii) sections 754 and 755 for fiscal
years 1998 through 2002; and
``(D) for awards of grants and contracts under
section 753 after fiscal year 2001--
``(i) in 2002, not less than $20,000,000;
``(ii) in 2003, not less than $24,000,000;
``(iii) in 2004, not less than $28,000,000;
``(iv) in 2005, not less than $32,000,000;
and
``(v) in 2006, not less than
$36,000,000.'';
(B) in paragraph (2), by striking ``subparagraphs
(A) through (C)'' and inserting ``subparagraphs (A)
through (D)''; and
(C) in paragraph (3), by striking ``subparagraphs
(A) through (C) of paragraph (2)'' and inserting
``subparagraphs (A) through (D) of paragraph (1)''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2001. | Advancement of Geriatric Education Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act (SSA) with respect to payment to hospitals for inpatient hospital services to: (1) provide that, with respect to specified cost reporting periods, in applying the limitations regarding the total number of full-time equivalent residents in the field of allopathic or osteopathic medicine under provisions on payments for direct and indirect graduate medical education (GME) costs for a hospital, the Secretary of Health and Human Services shall disregard up to a specified maximum number of residents enrolled in an approved geriatric residency or fellowship program under certain circumstances; and (2) provide that in the case of an individual enrolled in an approved geriatric residency or fellowship program, the period of board eligibility and the initial residency period shall be the period of board eligibility for the subspeciality involved, plus one year under provisions on payments for direct GME costs.Amends the Public Health Service Act to increase, provide for, and make other specified funding-related changes with respect to certain geriatric matters. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act and title Vll of the Public Health Service Act to expand medical residency training programs in geriatrics, and for other purposes."} | 1,720 | 233 | 0.672589 | 2.151495 | 0.678161 | 2.826733 | 6.836634 | 0.826733 |
SECTION 1. COMMERCIAL SPACE LAUNCH AMENDMENTS.
(a) Amendments.--Chapter 701 of title 49, United States Code, is
amended--
(1) in the table of sections--
(A) by amending the item relating to section 70104
to read as follows:
``70104. Restrictions on launches, operations, and reentries.'';
(B) by amending the item relating to section 70108
to read as follows:
``70108. Prohibition, suspension, and end of launches, operation of
launch sites and reentry sites, and
reentries.'';
and
(C) by amending the item relating to section 70109
to read as follows:
``70109. Preemption of scheduled launches or reentries.'';
(2) in section 70101--
(A) by inserting ``microgravity research,'' after
``information services,'' in subsection (a)(3);
(B) by inserting ``, reentry,'' after ``launching''
both places it appears in subsection (a)(4);
(C) by inserting ``, reentry vehicles,'' after
``launch vehicles'' in subsection (a)(5);
(D) by inserting ``and reentry services'' after
``launch services'' in subsection (a)(6);
(E) by inserting ``, reentries,'' after
``launches'' both places it appears in subsection
(a)(7);
(F) by inserting ``, reentry sites,'' after
``launch sites'' in subsection (a)(8);
(G) by inserting ``and reentry services'' after
``launch services'' in subsection (a)(8);
(H) by inserting ``reentry sites,'' after ``launch
sites,'' in subsection (a)(9);
(I) by inserting ``and reentry site'' after
``launch site'' in subsection (a)(9);
(J) by inserting ``, reentry vehicles,'' after
``launch vehicles'' in subsection (b)(2);
(K) by striking ``launch'' in subsection (b)(2)(A);
(L) by inserting ``and reentry'' after ``conduct of
commercial launch'' in subsection (b)(3);
(M) by striking ``launch'' after ``and transfer
commercial'' in subsection (b)(3); and
(N) by inserting ``and development of reentry
sites,'' after ``launch-site support facilities,'' in
subsection (b)(4);
(3) in section 70102--
(A) by striking ``and any payload'' and inserting
in lieu thereof ``or reentry vehicle and any payload
from Earth'' in paragraph (3);
(B) by inserting ``or reentry vehicle'' after
``means of a launch vehicle'' in paragraph (8);
(C) by redesignating paragraphs (10) through (12)
as paragraphs (14) through (16), respectively;
(D) by inserting after paragraph (9) the following
new paragraphs:
``(10) `reenter' and `reentry' mean to return or attempt to
return, purposefully, a reentry vehicle and its payload, if
any, from Earth orbit or from outer space to Earth.
``(11) `reentry services' means--
``(A) activities involved in the preparation of a
reentry vehicle and its payload, if any, for reentry;
and
``(B) the conduct of a reentry.
``(12) `reentry site' means the location on Earth to which
a reentry vehicle is intended to return (as defined in a
license the Secretary issues or transfers under this chapter).
``(13) `reentry vehicle' means a vehicle designed to return
from Earth orbit or outer space to Earth, or a reusable launch
vehicle designed to return from outer space substantially
intact.''; and
(E) by inserting ``or reentry services'' after
``launch services'' each place it appears in paragraph
(15), as so redesignated by subparagraph (C) of this
paragraph;
(4) in section 70103(b)--
(A) by inserting ``and Reentries'' after
``Launches'' in the subsection heading;
(B) by inserting ``and reentries'' after ``space
launches'' in paragraph (1); and
(C) by inserting ``and reentry'' after ``space
launch'' in paragraph (2);
(5) in section 70104--
(A) by amending the section designation and heading
to read as follows:
``Sec. 70104. Restrictions on launches, operations, and reentries'';
(B) by inserting ``or reentry site, or to reenter a
reentry vehicle,'' after ``operate a launch site'' each
place it appears in subsection (a);
(C) by inserting ``or reentry'' after ``launch or
operation'' in subsection (a) (3) and (4);
(D) in subsection (b)--
(i) by striking ``launch license'' and
inserting in lieu thereof ``license'';
(ii) by inserting ``or reenter'' after
``may launch''; and
(iii) by inserting ``or reentering'' after
``related to launching''; and
(E) in subsection (c)--
(i) by amending the subsection heading to
read as follows: ``Preventing Launches and
Reentries.--'';
(ii) by inserting ``or reentry'' after
``prevent the launch''; and
(iii) by inserting ``or reentry'' after
``decides the launch'';
(6) in section 70105--
(A) by inserting ``or a reentry site, or the
reentry of a reentry vehicle,'' after ``operation of a
launch site'' in subsection (b)(1); and
(B) by striking ``or operation'' and inserting in
lieu thereof ``, operation, or reentry'' in subsection
(b)(2)(A);
(7) in section 70106(a)--
(A) by inserting ``or reentry site'' after
``observer at a launch site'';
(B) by inserting ``or reentry vehicle'' after
``assemble a launch vehicle''; and
(C) by inserting ``or reentry vehicle'' after
``with a launch vehicle'';
(8) in section 70108--
(A) by amending the section designation and heading
to read as follows:
``Sec. 70108. Prohibition, suspension, and end of launches, operation
of launch sites and reentry sites, and reentries'';
and
(B) in subsection (a)--
(i) by inserting ``or reentry site, or
reentry of a reentry vehicle,'' after
``operation of a launch site''; and
(ii) by inserting ``or reentry'' after
``launch or operation'';
(9) in section 70109--
(A) by amending the section designation and heading
to read as follows:
``Sec. 70109. Preemption of scheduled launches or reentries'';
(B) in subsection (a)--
(i) by inserting ``or reentry'' after
``ensure that a launch'';
(ii) by inserting ``, reentry site,'' after
``United States Government launch site'';
(iii) by inserting ``or reentry date
commitment'' after ``launch date commitment'';
(iv) by inserting ``or reentry'' after
``obtained for a launch'';
(v) by inserting ``, reentry site,'' after
``access to a launch site'';
(vi) by inserting ``, or services related
to a reentry,'' after ``amount for launch
services''; and
(vii) by inserting ``or reentry'' after
``the scheduled launch''; and
(C) in subsection (c), by inserting ``or reentry''
after ``prompt launching'';
(10) in section 70110--
(A) by inserting ``or reentry'' after ``prevent the
launch'' in subsection (a)(2); and
(B) by inserting ``or reentry site, or reentry of a
reentry vehicle,'' after ``operation of a launch site''
in subsection (a)(3)(B);
(11) in section 70111--
(A) by inserting ``or reentry'' after ``launch'' in
subsection (a)(1)(A);
(B) by inserting ``and reentry services'' after
``launch services'' in subsection (a)(1)(B);
(C) in subsection (a)(1), by inserting after
subparagraph (B) the following:
``The Secretary shall coordinate the establishment of criteria and
procedures for determining the priority of competing requests from the
private sector and State governments for property and services under
this section.'';
(D) by inserting ``or reentry services'' after ``or
launch services'' in subsection (a)(2);
(E) by inserting ``or reentry'' after ``commercial
launch'' both places it appears in subsection (b)(1);
(F) by inserting ``or reentry services'' after
``launch services'' in subsection (b)(2)(C);
(G) by striking ``or its payload for launch'' in
subsection (d) and inserting in lieu thereof ``or
reentry vehicle, or the payload of either, for launch
or reentry''; and
(H) by inserting ``, reentry vehicle,'' after
``manufacturer of the launch vehicle'' in subsection
(d);
(12) in section 70112--
(A) by inserting ``or reentry'' after ``one
launch'' in subsection (a)(3);
(B) by inserting ``or reentry services'' after
``launch services'' in subsection (a)(4);
(C) by inserting ``or reentry services'' after
``launch services'' each place it appears in subsection
(b);
(D) by inserting ``applicable'' after ``carried out
under the'' in paragraphs (1) and (2) of subsection
(b);
(E) by striking ``, Space, and Technology'' in
subsection (d)(1);
(F) by inserting ``or Reentries'' after
``Launches'' in the heading for subsection (e); and
(G) by inserting ``or reentry site or a reentry''
after ``launch site'' in subsection (e);
(13) in section 70113(a)(1) and (d)(1) and (2), by
inserting ``or reentry'' after ``one launch'' each place it
appears;
(14) in section 70115(b)(1)(D)(i)--
(A) by inserting ``reentry site,'' after ``launch
site,''; and
(B) by inserting ``or reentry vehicle'' after
``launch vehicle'' both places it appears; and
(15) in section 70117--
(A) by inserting ``or reentry site, or to reenter a
reentry vehicle'' after ``operate a launch site'' in
subsection (a);
(B) by inserting ``or reentry'' after ``approval of
a space launch'' in subsection (d);
(C) by amending subsection (f) to read as follows:
``(f) Launch Not an Export; Reentry Not an Import.--A launch
vehicle, reentry vehicle, or payload that is launched or reentered is
not, because of the launch or reentry, an export or import,
respectively, for purposes of a law controlling exports or imports.'';
and
(D) in subsection (g)--
(i) by striking ``operation of a launch
vehicle or launch site,'' in paragraph (1) and
inserting in lieu thereof ``reentry, operation
of a launch vehicle or reentry vehicle,
operation of a launch site or reentry site,'';
and
(ii) by inserting ``reentry,'' after
``launch,'' in paragraph (2).
(b) Additional Amendments.--(1) Section 70105 of title 49, United
States Code, is amended--
(A) by inserting ``(1)'' before ``A person may apply'' in
subsection (a);
(B) by striking ``receiving an application'' both places it
appears in subsection (a) and inserting in lieu thereof
``accepting an application in accordance with criteria
established pursuant to subsection (b)(2)(D)'';
(C) by adding at the end of subsection (a) the following
new paragraph:
``(2) In carrying out paragraph (1), the Secretary may establish
procedures for certification of the safety of a launch vehicle, reentry
vehicle, or safety system, procedure, service, or personnel that may be
used in conducting licensed commercial space launch or reentry
activities.'';
(D) by striking ``and'' at the end of subsection (b)(2)(B);
(E) by striking the period at the end of subsection
(b)(2)(C) and inserting in lieu thereof ``; and'';
(F) by adding at the end of subsection (b)(2) the following
new subparagraph:
``(D) regulations establishing criteria for accepting or
rejecting an application for a license under this chapter
within 60 days after receipt of such application.''; and
(G) by inserting ``, including the requirement to obtain a
license,'' after ``waive a requirement'' in subsection (b)(3).
(2) The amendments made by paragraph (1)(B) shall take effect upon
the effective date of final regulations issued pursuant to section
70105(b)(2)(D) of title 49, United States Code, as added by paragraph
(1)(F) of this subsection.
(3) Section 70102(5) of title 49, United States Code, is amended--
(A) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively; and
(B) by inserting before subparagraph (B), as so
redesignated by subparagraph (A) of this paragraph, the
following new subparagraph:
``(A) activities directly related to the
preparation of a launch site or payload facility for
one or more launches;''.
(4) Section 70111(b) of title 49, United States Code, is amended by
inserting after paragraph (2) the following new paragraph:
``(3) The Secretary shall ensure the establishment of uniform
guidelines for, and consistent implementation of, this section by all
Federal agencies.''.
(5) Section 70112 of title 49, United States Code, is amended--
(A) in subsection (a)(1), by inserting ``launch, reentry,
or site operator'' after ``(1) When a'';
(B) in subsection (b)(1), by inserting ``launch, reentry,
or site operator'' after ``(1) A''; and
(C) in subsection (f), by inserting ``launch, reentry, or
site operator'' after ``carried out under a''.
(c) Regulations.--(1) Chapter 701 of title 49, United States Code,
is amended by adding at the end the following new section:
``Sec. 70120. Regulations
``The Secretary of Transportation, within 6 months after the date
of the enactment of this section, shall issue regulations to carry out
this chapter that include--
``(1) guidelines for industry to obtain sufficient
insurance coverage for potential damages to third parties;
``(2) procedures for requesting and obtaining licenses to
operate a commercial launch vehicle or reentry vehicle;
``(3) procedures for requesting and obtaining operator
licenses for launch or reentry;
``(4) procedures for requesting and obtaining launch site
or rentry site operator licenses; and
``(5) procedures for the application of government
indemnification.''.
(2) The table of sections for such chapter 701 is amended by adding
after the item relating to section 70119 the following new item:
``70120. Regulations.''.
(d) Report to Congress.--(1) Chapter 701 of title 49, United States
Code, is further amended by adding at the end the following new
section:
``Sec. 70121. Report to Congress
``The Secretary of Transportation shall submit to Congress an
annual report to accompany the President's budget request that--
``(1) describes all activities undertaken under this
chapter, including a description of the process for the
application for and approval of licenses under this chapter and
recommendations for legislation that may further commercial
launches and reentries; and
``(2) reviews the performance of the regulatory activities
and the effectiveness of the Office of Commercial Space
Transportation.''.
(2) The table of sections for such chapter 701 is further amended
by adding after the item relating to section 70120, as added by
subsection (c)(2) of this section, the following new item:
``70121. Report to Congress.''. | Amends Federal law to include reentry vehicles and related launch operations within the scope of commercial space launch activities. Mandates an annual report. | {"src": "billsum_train", "title": "To provide for the licensing of commercial space reentry vehicles and reentry sites, and for other purposes."} | 4,155 | 32 | 0.564394 | 1.294566 | 0.751972 | 1.32 | 145.16 | 0.84 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Satellite Access to Local Stations
Act''.
SEC. 2. LIMITATIONS ON EXCLUSIVE RIGHTS; SECONDARY TRANSMISSIONS BY
SATELLITE CARRIERS WITHIN LOCAL MARKETS.
(a) In General.--Chapter 1 of title 17, United States Code, is
amended by adding after section 121 the following new section:
``Sec. 122. Limitations on exclusive rights; secondary transmissions by
satellite carriers within local markets
``(a) Secondary Transmissions of Television Broadcast Stations by
Satellite Carriers.--A secondary transmission of a primary transmission
of a television broadcast station into the station's local market shall
be subject to statutory licensing under this section if--
``(1) the secondary transmission is made by a satellite
carrier to the public;
``(2) the secondary transmission is permissible under the
rules, regulations, or authorizations of the Federal
Communications Commission; and
``(3) the satellite carrier makes a direct or indirect
charge for the secondary transmission to--
``(A) each subscriber receiving the secondary
transmission; or
``(B) a distributor that has contracted with the
satellite carrier for direct or indirect delivery of
the secondary transmission to the public.
``(b) Reporting Requirements.--A satellite carrier whose secondary
transmissions are subject to statutory licensing under subsection (a)
shall, on a semiannual basis, submit to the Register of Copyrights, in
accordance with requirements that the Register shall prescribe by
regulation, a statement of account, covering the preceding 6-month
period, specifying--
``(1) the names and locations of all television broadcast
stations whose signals were secondarily transmitted within the
local markets of those stations at any time during that period;
and
``(2) the total number of, and addresses provided by, all
subscribers receiving those secondary transmissions.
``(c) No Royalty Fee Required.--A satellite carrier whose secondary
transmissions are subject to statutory licensing under subsection (a)
shall have no royalty obligation for such secondary transmissions.
``(d) Noncompliance With Reporting Requirements.--Notwithstanding
subsection (a), the willful or repeated secondary transmission to the
public by a satellite carrier of a television broadcast station and
embodying a performance or display of a work is actionable as an act of
infringement under section 501, and is fully subject to the remedies
provided under sections 502 through 506 and 509, if the satellite
carrier has not submitted the statement of account required under
subsection (b).
``(e) Definitions.--As used in this section--
``(1) Distributor.--The term `distributor' means an entity
that contracts to distribute secondary transmissions from a
satellite carrier and, either as a single channel or in a
package with other programming, provides the secondary
transmission either directly to subscribers or indirectly
through other program distribution entities.
``(2) Local market.--The `local market' of a television
broadcast station has the meaning given that term in section
337(g) of the Communications Act of 1934.
``(3) Television broadcast station.--The term `television
broadcast station' means an over-the-air, commercial, or
noncommercial television broadcast station licensed by the
Federal Communications Commission under subpart E of part 73 of
title 47, Code of Federal Regulations.
``(4) Subscriber.--The term `subscriber' means a person or
entity that receives a secondary transmission service by means
of a secondary transmission from a satellite and pays a fee for the
service, directly or indirectly, to the satellite carrier or to a
distributor.
``(5) Other terms.--The terms `satellite carrier' and
`secondary transmission' have the meanings given such terms
under section 119(d).''.
(b) Technical and Conforming Amendments.--The table of sections for
chapter 1 of title 17, United States Code, is amended by adding after
the item relating to section 121 the following:
``122. Limitations on exclusive rights; secondary transmissions by
satellite carriers within local markets.''.
SEC. 3. RETRANSMISSION CONSENT.
Section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b))
is amended--
(1) by striking ``(b)(1)'' and all that follows through the
end of paragraph (1) and inserting the following:
``(b)(1) No cable system or other multichannel video programming
distributor shall retransmit the signal of a broadcasting station, or
any part thereof, except--
``(A) with the express authority of the station;
``(B) pursuant to section 614, in the case of a station
electing, in accordance with this subsection, to assert the
right to carriage under such section; or
``(C) pursuant to section 337, in the case of a station
electing, in accordance with this subsection, to assert the
right to carriage under such section.''; and
(3) in paragraph (3), by adding at the end the following:
``(C) Within 45 days after the effective date of the Satellite
Access to Local Stations Act, the Commission shall commence a
rulemaking proceeding to revise the regulations governing the exercise
by television broadcast stations of the right to grant retransmission
consent under this subsection. Such regulations shall establish
election time periods that correspond with those regulations adopted
under subparagraph (B). The rulemaking shall be completed within 180
days after the effective date of the Satellite Access to Local Stations
Act.''.
SEC. 4. MUST-CARRY FOR SATELLITE CARRIERS RETRANSMITTING TELEVISION
BROADCAST SIGNALS.
Title III of the Communications Act of 1934 is amended by inserting
after section 336 the following new section:
``SEC. 337. CARRIAGE OF LOCAL TELEVISION SIGNALS BY SATELLITE CARRIERS.
``(a) Carriage Obligations.--Each satellite carrier providing
secondary transmissions of a television broadcast station to
subscribers located within the local market of such station shall offer
to carry all television broadcast stations located within that local
market, subject to section 325(b), except that the carriage obligations
of this section shall not apply to satellite carriers that do not
retransmit the signals of broadcast television stations pursuant to the
statutory license under section 122 of title 17, United States Code.
Carriage of additional television broadcast stations within the local
market shall be at the discretion of the satellite carrier, subject to
section 325(b).
``(b) Duplication Not Required.--Notwithstanding subsection (a), a
satellite carrier shall not be required to offer to carry the signal of
any local television broadcast station that substantially duplicates
the signal of another local television broadcast station which is
secondarily transmitted by the satellite carrier, or to offer to carry
the signals of more that one local television broadcast station
affiliated with a particular broadcast network (as the term is defined
by regulation).
``(c) Carriage of All Local Television Stations on Contiguous
Channels.--All local television broadcast stations retransmitted by a
satellite carrier to subscribers in the stations' local markets shall
be made available to subscribers in their local markets on contiguous
channels and in a nondiscriminatory manner on any navigational device,
on-screen program guide, or menu.
``(d) Compensation for Carriage.--A satellite carrier shall not
accept or request monetary payment or other valuable consideration in
exchange either for carriage of local television broadcast stations in
accordance with the requirements of this section or for channel
positioning rights provided to such stations under this section, except
that any such station may be required to bear the costs associated with
delivering a good quality signal to the principal headend of the
satellite carrier. No station carried in accordance with the
requirements of this section shall be required to bear the costs of
delivering a good quality signal to a location other than the principal
headend of the satellite carrier.
``(e) Remedies.--
``(1) Complaints by broadcast stations.--Whenever a local
television broadcast station believes that a satellite carrier
has failed to meet its obligations under this section, such
station shall notify the carrier, in writing, of the alleged
failure and identify its reasons for believing that the
satellite carrier is obligated to offer to carry the signal of
such station or has otherwise failed to comply with other
requirements of this section. The satellite carrier shall, within 30
days after such written notification, respond in writing to such
notification and either begin carrying the signal of such station in
accordance with the terms requested or state its reasons for believing
that it is not obligated to carry such signal or is in compliance with
other requirements of this section. A local television broadcast
station that is denied carriage in accordance with this section by a
satellite carrier may obtain review of such denial by filing a
complaint with the Commission. Such complaint shall allege the manner
in which such satellite carrier has failed to meet its obligations and
the basis for such allegations. A failure by a satellite carrier to
carry a local television broadcast station within its local market if
there has been a change in that station's local market, or to carry a
local broadcast television station that is significantly viewed outside
its local market due to technical limitations of that satellite
carrier's existing facilities, shall not constitute a failure by the
satellite carrier to comply with its obligations under this section.
``(2) Opportunity to respond.--The Commission shall afford
such satellite carrier an opportunity to present data and
arguments to establish that there has been no failure to meet
its obligations under this section.
``(3) Remedial actions; dismissal.--Within 120 days after
the date a complaint is filed, the Commission shall determine
whether the satellite carrier has met its obligations under
this section. If the Commission determines that the satellite
carrier has failed to meet such obligations, the Commission
shall order the satellite carrier, in the case of an obligation
to carry a station, to begin carriage of the station and to
continue such carriage for at least 12 months. If the
Commission determines that the satellite carrier has fully met
the requirements of this section, it shall dismiss the
complaint.
``(f) Regulations by Commission.--Within 180 days after the
effective date of this section, the Commission shall, following a
rulemaking proceeding, issue regulations implementing the requirements
imposed by this section.
``(g) Definitions.--As used in this section:
``(1) Television broadcast station.--The term `television
broadcast station' means a full-power television broadcast
station, and does not include a low-power or translator
television broadcast station.
``(2) Local market.--The term `local market' means the
designated market area in which a station is located and--
``(A) for a commercial television broadcast station
located in any of the 150 largest designated market
areas, all commercial television broadcast stations
licensed to a community within the same designated
market area are within the same local market;
``(B) for a commercial television broadcast station
that is located in a designated market area that is not
one of the 150 largest, the local market includes all
commercial television broadcast stations licensed to a
community within the same designated market area, and
may also include any station that is significantly
viewed, as such term is defined in section 76.54 of the
title 47, Code of Federal Regulations; and
``(C) for a noncommercial educational television
broadcast station, the local market includes any
station that is licensed to a community within the same
designated market area as the noncommercial educational
television broadcast station.
``(3) Designated market area.--The term `designated market
area' means a designated market area, as determined by the
Nielsen Media Research and published in the DMA Market and
Demographic Report.
``(4) Principal headend of the satellite carrier.--The term
`principal headend of the satellite carrier' means the
reception point in the local market of a broadcast television
station or in a market contiguous to the local market of a
broadcast television station at which the satellite carrier
initially receives the signal of the station for purposes of
transmission of such signals to the facility which uplinks the
signals to the carrier's satellites for secondary transmission
to the satellite carrier's subscribers.
``(5) Secondary transmission.--The term `secondary
transmission' has the meaning given that term in section 119(d)
of title 17, United States Code.''.
SEC. 5. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
January 1, 1999. | Satellite Access to Local Stations Act - Amends Federal copyright law to cite circumstances under which the secondary transmission by a satellite carrier of a primary transmission of a television broadcast station into the station's local market shall be subject to statutory licensing. Sets forth reporting requirements for a satellite carrier whose secondary transmissions are subject to such licensing requirements.
Precludes any royalty obligation for such secondary transmissions. States that noncompliance with such reporting requirements by a satellite carrier of a television broadcast station is actionable as an act of infringement and fully subject to copyright remedies.
Amends the Communications Act of 1934 regarding the retransmission of broadcasting station signals. Prohibits cable systems and other multichannel video programming distributors from retransmitting a broadcasting station's signal without the station's express consent. Directs the Federal Communications Commission to commence a rulemaking proceeding to revise regulations governing the exercise by television broadcast stations of the right to grant retransmission consent.
Prescribes requirements for the carriage of local television signals by satellite carriers, including: (1) carriage obligations; (2) carriage of all local television stations on contiguous channels and in a nondiscriminatory manner on any navigational device, on-screen guide, or menu; (3) compensation for carriage; and (4) remedies for failure to meet obligations. | {"src": "billsum_train", "title": "Satellite Access to Local Stations Act"} | 2,800 | 294 | 0.624441 | 1.706695 | 0.923007 | 4.384298 | 10.549587 | 0.913223 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Portable Benefits for Independent
Workers Pilot Program Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Many independent workers, constituting a growing
percentage of the workforce in the United States, do not have
access to benefits and protections typically provided through
traditional full-time employment.
(2) These independent workers are independent contractors,
temporary workers, self-employed, or work pursuant to other
contingent or alternative work arrangements.
(3) According to a 2015 study by the Comptroller General of
the United States, the size of the contingent workforce grew
from 35 percent of employed workers in 2006 to 40 percent of
employed workers in 2010.
(4) According to a 2016 study by economists Lawrence Katz
and Alan Krueger, 94 percent of net employment growth in the
United States economy from 2005 to 2015 occurred in alternative
work arrangements.
(5) As the population of independent workers grows, it is
increasingly important that workers are provided portable
benefits.
SEC. 3. DEFINITIONS.
In this Act:
(1) Eligible organization.--The term ``eligible
organization'' means any State or local government or any
nonprofit organization.
(2) Eligible work.--The term ``eligible work'' means any
work performed that is not in connection with traditional full-
time employment.
(3) Eligible worker.--The term ``eligible worker'' means
any worker who is not a traditional full-time employee of the
entity hiring the worker for the eligible work, including any
independent contractor, contract worker, self-employed
individual, freelance worker, temporary worker, or contingent
worker.
(4) Portable benefits.--The term ``portable benefits''--
(A) means work-related benefits that are provided
to eligible workers for eligible work in a manner that
allows the worker to maintain the benefits upon
changing jobs; and
(B) includes--
(i) contributions on behalf of the eligible
worker made by an entity (including multiple
entities, if applicable) in connection with
eligible work performed by the worker for the
entity, including entities that facilitate the
sale of such work;
(ii) contributions made by the eligible
worker; or
(iii) a combination of the contributions
described in clauses (i) and (ii).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(6) Work-related benefits.--The term ``work-related
benefits'' means benefits, including protections, of a type
that are commonly provided to traditional full-time employees,
such as workers' compensation, skills training, disability
coverage, health insurance coverage, retirement saving, income
security, and short-term saving.
SEC. 4. ESTABLISHMENT OF PORTABLE BENEFITS PILOT PROGRAM.
(a) In General.--The Secretary, in consultation with the head of
any other relevant Federal agency, shall award grants for fiscal year
2018, on a competitive basis, to eligible organizations to support
broad innovation and experimentation with respect to portable benefits.
(b) Uses of Funds.--
(1) Types of grants.--The grants awarded under subsection
(a) shall be grants for--
(A) the evaluation, or improvement to the design or
implementation, of existing models or approaches for
providing portable benefits; or
(B) the design, implementation, and evaluation of
new models or approaches for providing such benefits.
(2) Requirement regarding retirement-related benefits.--An
eligible organization that receives a grant under subsection
(a) may not use the grant to fund a model or approach described
in paragraph (1) that provides only retirement-related
benefits.
(c) Potential for National Applicability.--In awarding grants under
subsection (a), the Secretary shall consider the potential of the model
or approach described in subsection (b)(1) to be replicated on a large
scale or at the national level.
(d) Applications.--Each eligible organization that desires to
receive a grant under subsection (a) shall submit an application to the
Secretary, at such time, in such manner, and accompanied by such
information as the Secretary may require.
SEC. 5. REPORT TO CONGRESS.
Not later than September 30, 2020, the Comptroller General of the
United States shall evaluate the outcome of the grants awarded under
section 4(a) and provide a report on such evaluation to Congress. Such
report shall include an assessment of the impact of such grants on the
compensation of workers receiving portable benefits under section 4.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated for fiscal
year 2018--
(1) $5,000,000 to carry out the grants described in section
4(b)(1)(A); and
(2) $15,000,000 to carry out the grants described in
section 4(b)(1)(B).
(b) Availability.--Amounts appropriated under subsection (a) shall
remain available until expended. | Portable Benefits for Independent Workers Pilot Program Act This bill requires the Department of Labor to award grants for FY2018, on a competitive basis, to states, local governments, or nonprofit organizations to support broad innovation and experimentation with respect to portable benefits. Portable benefits are work-related benefits that are provided to eligible workers for eligible work in a manner that allows the worker to maintain the benefits upon changing jobs. The grants must be used for: (1) the evaluation, or improvement to the design or implementation, of existing models or approaches for providing portable benefits; or (2) the design, implementation, and evaluation of new models or approaches for providing such benefits. The grants may not be used for a model or approach that provides only retirement-related benefits. The Government Accountability Office must evaluate and report to Congress on the outcome of the grants awarded pursuant to this bill. | {"src": "billsum_train", "title": "Portable Benefits for Independent Workers Pilot Program Act"} | 1,080 | 176 | 0.514405 | 1.554469 | 0.783178 | 5.102857 | 5.817143 | 0.908571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regional Investments for National
Growth Act of 1997''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the economic infrastructure of metropolitan regions
assists businesses in those regions in providing quality goods
and services at a low cost;
(2) maintaining and improving the economic infrastructure
of metropolitan regions is essential for the success of the
Nation in the world economy; and
(3) building efficient transportation links within and
between metropolitan regions is critical to that economic
infrastructure.
SEC. 3. REGIONAL INVESTMENTS FOR NATIONAL GROWTH PROGRAM.
(a) Establishment.--The Secretary of Transportation shall establish
a regional investments for national growth program (hereinafter in this
section referred to as the ``RING program'') for the purpose of
identifying and funding large multi-State and regional transportation
projects that are essential to the global competitiveness of the United
States.
(b) Eligible Projects.--
(1) In general.--Regional transportation infrastructure
investments that include participation by two or more States or
public authorities representing two or more States, or improve
access to international commerce centers such as ports,
commercial aviation facilities, and major rail terminals, and
meets the requirements of paragraph (2), shall be eligible for
funding under the RING program.
(2) Requirements.--In order to be eligible for funding
under the RING program, a project shall--
(A) support the economic growth of the Nation
through improved movement of people and goods;
(B) improve intermodal connections by increasing
access to ports, airports, rail terminals, distribution
centers, or other passenger or freight rail hubs;
(C) address capacity constraints that hamper the
movement of people and goods between States or
metropolitan regions;
(D) contribute to the global competitiveness of the
United States; and
(E) not be currently funded for construction.
(c) Selection Process.--
(1) Solicitation of proposals.--Within 6 months of the date
of the enactment of this Act, the Secretary of Transportation
shall solicit proposals for projects to be carried out under
the RING program. Any State, multi-State region, or multi-State
agency may submit a proposal.
(2) Recommended projects.--Within 2 years of such date of
enactment, the Secretary shall transmit a report to Congress
recommending eligible projects.
(3) Final proposals.--Within 1 year of the date of issuance
of the report under paragraph (2), sponsors of those projects
recommended as eligible shall submit a final proposal to the
Secretary.
(4) Ranking of projects.--Within 6 months of receiving
final proposals, the Secretary shall transmit a report to
Congress ranking the projects in priority order.
(d) Selection Criteria.--In considering projects for inclusion in
the report required by subsection (c)(2), the Secretary shall consider
the following criteria:
(1) Time savings for both goods and people.
(2) Volume of goods and number of users affected.
(3) Reduction in costs of goods movement.
(4) Relief the project provides to capacity
limitations of existing infrastructure.
(5) Benefits for multi-State facilities and
operations.
(6) Promotion of efficient multi-modal usage.
(7) Level of State, local, and regional financial
support for the project.
(8) Private sector funding opportunities.
(e) Funding Eligibility.--
(1) Project proposal funding.--Those projects included by
the Secretary in the report required by subsection (c)(2) shall
be eligible to receive project proposal funding under the RING
program.
(2) Design and engineering funding.--Those projects
included by the Secretary in the report required by subsection
(c)(4) shall be eligible to receive design and engineering
funding under the RING program.
(f) Reimbursement for Planning and Design.--Projects included by
the Secretary in the report required by subsection (c)(2) shall also be
eligible for reimbursement of funds for planning and design which have
been expended prior to the issuance of such report.
(g) Federal Share.--The Federal share of the eligible costs of a
project under the RING program shall not exceed 75 percent.
(h) Relationship to Other Laws.--All projects receiving assistance
under this section shall comply with other laws governing
transportation projects and programs, including the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(i) Authorization of Appropriations.--There are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account) such sums as may be necessary to carry out this section. | Regional Investments for National Growth Act of 1997 - Directs the Secretary of Transportation to establish a regional investments for national growth program (RING program) in order to identify and fund large multi-State and regional transportation projects that are essential to global U.S. competitiveness. Makes eligible for funding under the RING program any regional transportation infrastructure investments that include participation by two or more States or public authorities representing two or more States, or that improve access to international commerce centers such as ports, commercial aviation facilities, and major rail terminals, and meet specified requirements. Authorizes appropriations. | {"src": "billsum_train", "title": "Regional Investments for National Growth Act of 1997"} | 987 | 125 | 0.684063 | 1.704431 | 0.69865 | 5.509091 | 8.490909 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pharmacists Medicare Relief Act of
2006''.
SEC. 2. PROMPT PAYMENT BY PRESCRIPTION DRUG PLANS AND MA-PD PLANS UNDER
PART D.
(a) Prompt Payment by Prescription Drug Plans.--Section 1860D-12(b)
of the Social Security Act (42 U.S.C. 1395w-112(b)) is amended by
adding at the end the following new paragraph:
``(4) Prompt payment of clean claims.--
``(A) Prompt payment.--
``(i) In general.--Each contract entered
into with a PDP sponsor under this section with
respect to a prescription drug plan offered by
such sponsor shall provide that payment shall
be issued, mailed, or otherwise transmitted
with respect to all clean claims submitted
under this part within the applicable number of
calendar days after the date on which the claim
is received.
``(ii) Clean claim defined.--In this
paragraph, the term `clean claim' means a claim
that has no defect or impropriety (including
any lack of any required substantiating
documentation) or particular circumstance
requiring special treatment that prevents
timely payment from being made on the claim
under this part.
``(B) Applicable number of calendar days defined.--
In this paragraph, the term `applicable number of
calendar days' means--
``(i) with respect to claims submitted
electronically, 14 days; and
``(ii) with respect to claims submitted
otherwise, 30 days.
``(C) Interest payment.--If payment is not issued,
mailed, or otherwise transmitted within the applicable
number of calendar days (as defined in subparagraph
(B)) after a clean claim is received, interest shall be
paid at a rate equal to the weighted average of
interest on 3-month marketable Treasury securities
determined for such period, increased by 0.1 percentage
point for the period beginning on the day after the
required payment date and ending on the date on which
payment is made.
``(D) Procedures involving claims.--
``(i) In general.--A contract entered into
with a PDP sponsor under this section with
respect to a prescription drug plan offered by
such sponsor shall provide that, not later than
10 days after the date on which a clean claim
is submitted, the PDP sponsor shall provide the
claimant with a notice that acknowledges
receipt of the claim by such sponsor. Such
notice shall be considered to have been
provided on the date on which the notice is
mailed or electronically transferred.
``(ii) Claim deemed to be clean.--A claim
is deemed to be a clean claim if the PDP
sponsor involved does not provide notice to the
claimant of any deficiency in the claim within
10 days of the date on which the claim is
submitted.
``(iii) Claim determined to not be a clean
claim.--
``(I) In general.--If a PDP sponsor
determines that a submitted claim is
not a clean claim, the PDP sponsor
shall, not later than the end of the
period described in clause (ii), notify
the claimant of such determination.
Such notification shall specify all
defects or improprieties in the claim
and shall list all additional
information or documents necessary for
the proper processing and payment of
the claim.
``(II) Determination after
submission of additional information.--
A claim is deemed to be a clean claim
under this paragraph if the PDP sponsor
involved does not provide notice to the
claimant of any defect or impropriety
in the claim within 10 days of the date
on which additional information is
received under subclause (I).
``(III) Payment of clean portion of
a claim.--A PDP sponsor shall, as
appropriate, pay any portion of a claim
that would be a clean claim but for a
defect or impropriety in a separate
portion of the claim in accordance with
subparagraph (A).
``(iv) Obligation to pay.--A claim
submitted to a PDP sponsor that is not paid or
contested by the provider within the applicable
number of days (as defined in subparagraph (B))
shall be deemed to be a clean claim and shall
be paid by the PDP sponsor in accordance with
subparagraph (A).
``(v) Date of payment of claim.--Payment of
a clean claim under such subparagraph is
considered to have been made on the date on
which full payment is received by the provider.
``(E) Private right of action.--
``(i) In general.--Nothing in this
paragraph shall be construed to prohibit or
limit a claim or action not covered by the
subject matter of this section that any
individual or organization has against a
provider or a PDP sponsor.
``(ii) Anti-retaliation.--Consistent with
applicable Federal or State law, a PDP sponsor
shall not retaliate against an individual or
provider for exercising a right of action under
this subparagraph.''.
(b) Prompt Payment by MA-PD Plans.--Section 1857(f) of the Social
Security Act (42 U.S.C. 1395w-27(f)) is amended by adding at the end
the following new paragraph:
``(3) Incorporation of certain prescription drug plan
contract requirements.--The provisions of section 1860D-
12(b)(4) shall apply to contracts with a Medicare Advantage
organization in the same manner as they apply to contracts with
a PDP sponsor offering a prescription drug plan under part
D.''.
(c) Effective Date.--The amendments made by this section shall
apply to contracts entered into or renewed on or after the date of the
enactment of this Act.
SEC. 3. RESTRICTION ON CO-BRANDING.
(a) In General.--Section 1860D-4 of the Social Security Act (42
U.S.C. 1395w-104) is amended--
(1) in subsection (b)(2)(A), by striking ``The PDP
sponsor'' and inserting ``Subject to subsection (l), the PDP
sponsor''; and
(2) by adding at the end the following new subsection:
``(l) Co-Branding Prohibited.--A card that is issued under
subsection (b)(2)(A) for use under a prescription drug plan offered by
a PDP sponsor or an MA-PD plan offered by a Medicare Advantage
organization and any marketing materials distributed with respect to
such a plan shall not display the name or brand of any pharmacy.''.
(b) Penalty.--Section 1128B of the Social Security Act (42 U.S.C.
1320a-7b) is amended by adding at the end the following new subsection:
``(g) Whoever knowingly and willfully engages in co-branding
prohibited under section 1860D-4(l) with respect to a prescription drug
plan offered by a PDP sponsor under part D of title XVIII or a Medicare
Advantage plan offered by a Medicare Advantage organization under part
C of such title, shall be guilty of a felony and upon conviction
thereof shall be fined not more than $25,000 or imprisoned for not more
than five years, or both.''.
(c) Effective Date.--The amendments made by this section shall
apply to cards and marketing materials distributed on or after the date
that is 90 days after the date of the enactment of this Act. | Pharmacists Medicare Relief Act of 2006 - Amends title XVIII (Medicare) of the Social Security Act to require prompt payment of clean claims to pharmacies by prescription drug plans (PDPs) and Medicare Advantage prescription drug plans (MA-PD Plans). Defines prompt payment as within 14 days from submission for claims submitted electronically, and within 30 days for claims submitted otherwise. Requires payment of interest, also, if a payment is not issued, mailed, or otherwise transmitted within the applicable number of calendar days.
Prohibits a Medicare prescription drug card issued by a PDP sponsor or an MA-PD plan, and any related marketing materials, from displaying the name or brand of any pharmacy (co-branding). Prescribes criminal penalties for engaging in prohibited co-branding. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to require the sponsor of a prescription drug plan or an organization offering an MA-PD plan to promptly pay claims submitted under part D, and for other purposes."} | 1,715 | 178 | 0.585124 | 1.67507 | 0.781308 | 2.918919 | 9.891892 | 0.905405 |
SECTION 1. SHORT TITLE.
This Act may be known as the ``Cents and Sensibility Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The United States Mint, in its 2001 annual report,
announced that it was studying alternative metals for use in
circulating coins, but has never released the study publicly or
delivered it to Congress.
(2) In May, 2006, the United States Mint delivered
communications to the Congress indicating that the cost to
produce circulating coins had increased dramatically owing to
worldwide demand for commodity metals, to the point where--
(A) the price to produce 1-cent and 5-cent coins
had or soon would surpass the face value of such coins;
and
(B) the cost to produce the 10-cent and quarter-
dollar coins, while not exceeding their face value, had
increased dramatically.
(3) Such cost increases alone, while minimal per individual
coins, taken together could increase the cost to taxpayers
$1,000,000,000 or more over a decade.
(4) In spite of having communicated the information
concerning this costly dilemma, neither the Secretary of the
Treasury or the Director of the United States Mint has made any
recommendation for changing the metallic content of circulating
coins in order to reduce the cost to produce such coins and
thus control the effect on the general fund of the Treasury.
(5) Other countries, recognizing the effect of the increase
in commodity metal prices on the cost of producing circulating
coins, have adjusted the metal content of some or all of their
circulating coins in the period in which there has been no
change in the metal content of United States circulating coins.
(6) Canada has for several years produced a cent coin
similar in size and weight to the United States 1-cent coin
that is made of steel with a thin coating of copper, leading to
a unit cost to produce such coins considerably less than that
of the U.S. cent coin, and uses similar production techniques
to control the costs of all of its circulating coins.
(7) In 1943, owing to demands for copper due to the
prosecution of World War II, the Mint produced the so-called
``steel pennies'' which were zinc-coated steel blanks.
(8) In view of the prior experience of the United States
Mint in producing the ``steel pennies'', there is no reason not
to change the metal content of the cent coin immediately, and
simply dropping the unit production cost of a 1-cent coin below
its face value would save the Treasury nearly $1,000,000,000
over the next decade at current production levels.
(9) Any changes to the metallic content of the 5-cent, 10-
cent and quarter-dollar coins should be made simultaneously, to
minimize the cost of adjustments that would need to be made to
coin-accepting, coin-counting, and other coin-handling
equipment and thus control costs to consumers.
SEC. 3. REDUCING THE COST TO TAXPAYERS OF PRODUCING THE PENNY.
(a) Steel Pennies Required.--Subsection (c) of section 5112 of
title 31, United States Code, is amended to read as follows:
``(c) 1-Cent Coin.--
``(1) In general.--The 1-cent coin shall--
``(A) be produced primarily of steel; and
``(B) meet such other specifications as the
Secretary may determine to be appropriate, including
any change in the weight from that specified in
subsection (a)(6).
``(2) Treatment.--The 1-cent coin shall be treated to
impart a copper color to the appearance of the coins so that
the appearance is similar to 1-cent coins produced of a copper-
zinc alloy.
``(3) Exception for lincoln bicentennial numismatic
pennies.--No provision of this subsection shall apply with
respect to 1-cent coins described in section 304 of the
Presidential $1 Coin Act of 2005 that are issued for numismatic
purposes.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to all 1-cent coins issued after the end of the 90-day period
beginning on the date of the enactment of this Act.
SEC. 4. REDUCING THE COST TO TAXPAYERS OF PRODUCING OTHER CIRCULATING
COINS WITHOUT INTERFERING WITH THE WAY SUCH COINS ARE
HANDLED BY BUSINESS, GOVERNMENT, AND CONSUMERS IN THE
COURSE OF ORDINARY COMMERCE.
(a) Report Required.--Before the end of the 60-day period beginning
at the end of the 90-day period referred to in section 3(b), the
Secretary of the Treasury shall submit a report to the Committee on
Financial Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate describing a unified
plan developed by the Secretary to change the metallic content of the
5-cent, 10-cent, quarter-dollar and half-dollar circulating coins
produced by the Secretary in such a way as to return the ratios between
the unit cost to produce such coins and the face value of such coins to
a point where it is as close as possible to the historic production
cost to face value ratios achieved in the 1980s.
(b) Detailed Recommendations and Model Legislation.--The reports
required under this section shall contain detailed recommendations for
the metallic content of each coin in such a form that the
recommendations could be enacted into law within 30 days after the
receipt of such report and appropriate congressional hearings and the
production of such coins with new metallic content could begin within
90 days after the date of the enactment of such new specifications,
should the Congress so choose.
(c) Improved Production Efficiency.--The reports required under
this section shall include recommendations for changes in the methods
of producing coins at the United States Mints that would further reduce
the costs to produce circulating coins.
(d) Minimizing Potential Conversion Costs.--The reports required
under this section shall--
(1) include no recommendation for new specifications for
producing a circulating coin that would require more than 1
change to coin-accepting and coin-handling equipment to
accommodate changes to all circulating coins simultaneously;
and
(2) to the greatest extent possible, recommend
specifications that, while consistent with other portions of
this section and the amendments made by this Act, require no
changes to coin-accepting or coin-handling equipment whatsoever
to accommodate both coins produced with the new specifications
and coins produced as of July 31, 2007.
(e) Fraud Prevention.--The reports required under this section
shall make no recommendation for a specification change that would
facilitate or allow the use of a coin with a lesser value produced by
another country, or the use of any token or other easily or regularly
produced metal device of minimal value, in the place of a circulating
coin produced by the Secretary.
(f) Further Recommendations for the 1-Cent Coin.--Notwithstanding
the amendment made by section 3, the reports required by this section
may contain any recommendation of the Secretary for any further changes
to the metallic content of the 1-cent coin, other than the content of
1-cent coins described in section 304 of the Presidential $1 Coin Act
of 2005 that are issued for numismatic purposes, that the Secretary
determines is more effective to reduce the unit production costs for
such coins.
(g) Annual Review and Update.--At 1-year intervals following the
submission of a report under subsection (a), the Secretary shall submit
a report to the Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and Urban
Affairs of the Senate reviewing the metallic content of the 1-cent, 5-
cent, 10-cent, quarter-dollar and half-dollar circulating coins
produced by the Secretary. Each such report shall comply with the
requirements of this section for reports submitted under subsection
(a).
SEC. 5. PROCUREMENT OF RESEARCH, TESTING, AND COMMODITIES.
The Secretary of the Treasury may, to accomplish the goals of this
Act, and consistent with the Secretary's development of the metallic
content of the currently produced 1-dollar coin and the currently
produced 5-cent, 10-cent, quarter-dollar and half-dollar coins, solicit
input from within or without the Federal Government, including research
facilities or the 2 current suppliers of the raw material for volume
production of circulating coins with such new metallic content, and
conduct any appropriate testing within or without the Department of the
Treasury, consistent with all other applicable Federal laws on the
procurement, or potential procurement of materials necessary for the
performance of the duties of the Secretary. | Cents and Sensibility Act - Revises the discretionary authority of the Secretary of the Treasury to prescribe the weight and the composition of the alloy of the one-cent coin.
Requires that the one-cent coin be: (1) produced primarily of steel; and (2) treated to impart a copper color to its appearance so that the appearance is similar to one-cent coins produced of a copper-zinc alloy.
Exempts from such requirement certain Lincoln Bicentennial numismatic pennies.
Requires the Secretary of the Treasury to report to certain congressional committees on a unified plan to change the metallic content of the five-cent, ten-cent, quarter-dollar and half-dollar circulating coins so as to return the ratios between the unit cost to produce such coins and their face value to a point where it is as close as possible to the historic production-cost-to-face-value ratios achieved in the 1980s. | {"src": "billsum_train", "title": "To amend title 31, United States Code, to save the American taxpayers money by immediately altering the metallic composition of the 1-cent coin, to require a prompt review and report, with recommendations, for cost-saving changes in the metallic content of other circulating United States coins, and for other purposes."} | 1,855 | 209 | 0.553932 | 1.667625 | 0.591304 | 4.638889 | 9.844444 | 0.905556 |
.--Whenever the
administering authority makes a final determination under section
771(18)(C)(i)(I) of the Tariff Act of 1930 (19 U.S.C.
1677(18)(C)(i)(I)) to revoke the determination that a foreign country
is a nonmarket economy country--
(1) the President shall notify the Committee on Finance of
the Senate and the Committee on Ways and Means of the House of
Representatives of that determination not later than 10 days
after the publication of the administering authority's final
determination in the Federal Register;
(2) the President shall transmit to the Congress a request
that a joint resolution be introduced pursuant to this section;
and
(3) a joint resolution shall be introduced in the Congress
pursuant to this section.
(c) Definition.--For purposes of this section, the term ``joint
resolution'' means only a joint resolution of the 2 Houses of the
Congress, the matter after the resolving clause of which is as follows:
``That the Congress approves the change of nonmarket economy status
with respect to the products of _____ transmitted by the President to
the Congress on _____.'', the first blank space being filled in with
the name of the country with respect to which a determination has been
made under section 771(18)(C)(i) of the Tariff Act of 1930 (19 U.S.C.
1677(18)(C)(i)), and the second blank space being filled with the date
on which the President notified the Committee on Finance of the Senate
and the Committee on Ways and Means of the House of Representatives
under subsection (b)(1).
(d) Introduction.--A joint resolution shall be introduced (by
request) in the House of Representatives by the majority leader of the
House, for himself, or by Members of the House designated by the
majority leader of the House, and shall be introduced (by request) in
the Senate by the majority leader of the Senate, for himself, or by
Members of the Senate designated by the majority leader of the Senate.
(e) Amendments Prohibited.--No amendment to a joint resolution
shall be in order in either the House of Representatives or the Senate,
and no motion to suspend the application of this subsection shall be in
order in either House, nor shall it be in order in either House for the
presiding officer to entertain a request to suspend the application of
this subsection by unanimous consent.
(f) Period for Committee and Floor Consideration.--
(1) In general.--If the committee or committees of either
House to which a joint resolution has been referred have not
reported the joint resolution at the close of the 45th day
after its introduction, such committee or committees shall be
automatically discharged from further consideration of the
joint resolution and it shall be placed on the appropriate
calendar. A vote on final passage of the joint resolution shall
be taken in each House on or before the close of the 15th day
after the joint resolution is reported by the committee or
committees of that House to which it was referred, or after
such committee or committees have been discharged from further
consideration of the joint resolution. If, prior to the passage
by one House of a joint resolution of that House, that House
receives the same joint resolution from the other House, then--
(A) the procedure in that House shall be the same
as if no joint resolution had been received from the
other House, but
(B) the vote on final passage shall be on the joint
resolution of the other House.
(2) Computation of days.--For purposes of paragraph (1), in
computing a number of days in either House, there shall be
excluded any day on which that House is not in session.
(g) Floor Consideration in the House.--
(1) Motion privileged.--A motion in the House of
Representatives to proceed to the consideration of a joint
resolution shall be highly privileged and not debatable. An
amendment to the motion shall not be in order, nor shall it be
in order to move to reconsider the vote by which the motion is
agreed to or disagreed to.
(2) Debate limited.--Debate in the House of Representatives
on a joint resolution shall be limited to not more than 20
hours, which shall be divided equally between those favoring
and those opposing the joint resolution. A motion further to
limit debate shall not be debatable. It shall not be in order
to move to recommit a joint resolution or to move to reconsider
the vote by which a joint resolution is agreed to or disagreed
to.
(3) Motions to postpone.--Motions to postpone, made in the
House of Representatives with respect to the consideration of a
joint resolution, and motions to proceed to the consideration
of other business, shall be decided without debate.
(4) Appeals.--All appeals from the decisions of the Chair
relating to the application of the Rules of the House of
Representatives to the procedure relating to a joint resolution
shall be decided without debate.
(5) Other rules.--Except to the extent specifically
provided in the preceding provisions of this subsection,
consideration of a joint resolution shall be governed by the
Rules of the House of Representatives applicable to other bills
and resolutions in similar circumstances.
(h) Floor Consideration in the Senate.--
(1) Motion privileged.--A motion in the Senate to proceed
to the consideration of a joint resolution shall be privileged
and not debatable. An amendment to the motion shall not be in
order, nor shall it be in order to move to reconsider the vote
by which the motion is agreed to or disagreed to.
(2) Debate limited.--Debate in the Senate on a joint
resolution, and all debatable motions and appeals in connection
therewith, shall be limited to not more than 20 hours. The time
shall be equally divided between, and controlled by, the
majority leader and the minority leader or their designees.
(3) Control of debate.--Debate in the Senate on any
debatable motion or appeal in connection with a joint
resolution shall be limited to not more than 1 hour, to be
equally divided between, and controlled by, the mover and the
manager of the joint resolution, except that in the event the
manager of the joint resolution is in favor of any such motion
or appeal, the time in opposition thereto shall be controlled
by the minority leader or his designee. Such leaders, or either
of them, may, from time under their control on the passage of a
joint resolution, allot additional time to any Senator during
the consideration of any debatable motion or appeal.
(4) Other motions.--A motion in the Senate to further limit
debate is not debatable. A motion to recommit a joint
resolution is not in order.
(i) Rules of House of Representatives and Senate.--Subsections (c)
through (h) are enacted by the Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such
subsections (c) through (h) are deemed a part of the rules of
each House, respectively, but applicable only with respect to
the procedure to be followed in that House in the case of joint
resolutions described in subsection (c), and subsections (c)
through (h) supersede other rules only to the extent that they
are inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner and to
the same extent as in the case of any other rule of that House.
SEC. 4. STUDY AND REPORT ON SUBSIDIES BY PEOPLE'S REPUBLIC OF CHINA.
(a) Study.--The United States International Trade Commission shall
conduct a study, under section 332 of the Tariff Act of 1930 (19 U.S.C.
1332), regarding how the People's Republic of China uses government
intervention to promote investment, employment, and exports. The study
shall comprehensively catalog, and when possible quantify, the
practices and policies that central, provincial, and local government
bodies in the People's Republic of China use to support and to attempt
to influence decisionmaking in China's manufacturing enterprises and
industries. Chapters of this study shall include, but not be limited
to, the following:
(1) Privatization and private ownership.
(2) Nonperforming loans.
(3) Price coordination.
(4) Selection of industries for targeted assistance.
(5) Banking and finance.
(6) Utility rates.
(7) Infrastructure development.
(8) Taxation.
(9) Restraints on imports and exports.
(10) Research and development.
(11) Worker training and retraining.
(12) Rationalization and closure of uneconomic enterprises.
(b) Report.--The Congress requests that--
(1) not later than 9 months after the date of the enactment
of this Act, the International Trade Commission complete its
study under subsection (a), submit a report on the study to the
Committee on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate, and make the report
available to the public; and
(2) not later than 1 year after the report under paragraph
(1) is submitted, and annually thereafter through 2017, the
International Trade Commission prepare and submit to the
committees referred to in paragraph (1) an update of the report
and make the update of the report available to the public. | Nonmarket Economy Trade Remedy Act of 2007 - Amends the Tariff Act of 1930 to apply countervailing duties to nonmarket economies.
Authorizes the use of alternative methodologies in determining whether a subsidy is countervailable with respect to the People's Republic of China (PRC).
Requires congressional approval for revocation of nonmarket economy country determinations made by the administering authority.
Requires a United States International Trade Commission study of how the PRC uses government intervention to promote investment, employment, and exports. | {"src": "billsum_train", "title": "To amend title VII of the Tariff Act of 1930 to provide that the provisions relating to countervailing duties apply to nonmarket economy countries, and for other purposes."} | 2,048 | 122 | 0.394142 | 1.005327 | 0.532402 | 2.78022 | 21.098901 | 0.736264 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Asthma Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The number of people ever diagnosed with asthma
increased by 50 percent between 1998 and 2012. According to the
Centers for Disease Control and Prevention, in 2012 more than
25,500,000 Americans had been diagnosed with asthma, including
an estimated 6,800,000 children.
(2) According to the Centers for Disease Control and
Prevention, in 2010 more than 3,400 Americans died from asthma.
The rate of mortality from asthma is higher among African
Americans and women.
(3) The Centers for Disease Control and Prevention report
that asthma accounted for approximately 480,000
hospitalizations and 2,100,000 visits to hospital emergency
departments in 2009.
(4) According to the Centers for Disease Control and
Prevention, the annual cost of asthma to the United States is
approximately $56,000,000,000, including $5,900,000,000 in
indirect costs from lost productivity.
(5) According to the Centers for Disease Control and
Prevention, 10,500,000 school days and 14,200,000 work days are
missed annually as a result of asthma.
(6) Asthma episodes can be triggered by both outdoor air
pollution and indoor air pollution, including pollutants such
as cigarette smoke and combustion by-products. Asthma episodes
can also be triggered by indoor allergens such as animal dander
and outdoor allergens such as pollen and molds.
(7) Public health interventions and medical care in
accordance with existing guidelines have been proven effective
in the treatment and management of asthma. Better asthma
management could reduce the numbers of emergency department
visits and hospitalizations due to asthma. Studies published in
medical journals have shown that better asthma management
results in improved asthma outcomes at a lower cost.
(8) In 2011, the Centers for Disease Control and Prevention
reported that less than half of people with asthma had been
taught how to avoid asthma triggers. More education about
triggers, proper treatment, and asthma management methods is
needed.
(9) The alarming rise in the prevalence of asthma, its
adverse effect on school attendance and productivity, and its
cost for hospitalizations and emergency room visits, highlight
the importance of public health interventions, including
increasing awareness of asthma as a chronic illness, its
symptoms, the role of both indoor and outdoor environmental
factors that exacerbate the disease, and other factors that
affect its exacerbations and severity. The goals of the Federal
Government and its partners in the nonprofit and private
sectors should include reducing the number and severity of
asthma attacks, asthma's financial burden, and the health
disparities associated with asthma.
(10) The high health and financial burden caused by asthma
underscores the importance of adherence to the National Asthma
Education and Prevention Guidelines of the National Heart,
Lung, and Blood Institute. Increasing adherence to guidelines-
based care and resulting patient management practices will
enhance the quality of life for patients with asthma and
decrease asthma-related morbidity and mortality.
SEC. 3. ASTHMA-RELATED ACTIVITIES OF THE CENTERS FOR DISEASE CONTROL
AND PREVENTION.
Section 317I of the Public Health Service Act (42 U.S.C. 247b-10)
is amended to read as follows:
``SEC. 317I. ASTHMA-RELATED ACTIVITIES OF THE CENTERS FOR DISEASE
CONTROL AND PREVENTION.
``(a) Program for Providing Information and Education to the
Public.--The Secretary, acting through the Director of the Centers for
Disease Control and Prevention, shall collaborate with State and local
health departments to conduct activities, including the provision of
information and education to the public regarding asthma including--
``(1) deterring the harmful consequences of uncontrolled
asthma; and
``(2) disseminating health education and information
regarding prevention of asthma episodes and strategies for
managing asthma.
``(b) Development of State Asthma Plans.--The Secretary, acting
through the Director of the Centers for Disease Control and Prevention,
shall collaborate with State and local health departments to develop
State plans incorporating public health responses to reduce the burden
of asthma, particularly regarding disproportionately affected
populations.
``(c) Compilation of Data.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, shall, in
cooperation with State and local public health officials--
``(1) conduct asthma surveillance activities to collect
data on the prevalence and severity of asthma, the
effectiveness of public health asthma interventions, and the
quality of asthma management, including--
``(A) collection of household data on the local
burden of asthma;
``(B) surveillance of health care facilities; and
``(C) collection of data not containing
individually identifiable information from electronic
health records or other electronic communications;
``(2) compile and annually publish data regarding the
prevalence and incidence of childhood asthma, the child
mortality rate, and the number of hospital admissions and
emergency department visits by children associated with asthma
nationally and in each State and at the county level by age,
sex, race, and ethnicity, as well as lifetime and current
prevalence; and
``(3) compile and annually publish data regarding the
prevalence and incidence of adult asthma, the adult mortality
rate, and the number of hospital admissions and emergency
department visits by adults associated with asthma nationally
and in each State and at the county level by age, sex, race,
ethnicity, industry, and occupation, as well as lifetime and
current prevalence.
``(d) Coordination of Data Collection.--The Director of the Centers
for Disease Control and Prevention, in conjunction with State and local
health departments, shall coordinate data collection activities under
subsection (c)(2) so as to maximize the comparability of results.
``(e) Collaboration.--
``(1) In general.--The Centers for Disease Control and
Prevention are encouraged to collaborate with national, State,
and local nonprofit organizations to provide information and
education about asthma, and to strengthen such collaborations
when possible.
``(2) Specific activities.--The Division of Adolescent and
School Health is encouraged to expand its activities with non-
Federal partners, especially State-level entities.
``(f) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $65,000,000 for the period of
fiscal years 2016 through 2020.
``(g) Report to Congress.--
``(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall, in consultation
with patient groups, nonprofit organizations, medical
societies, and other relevant governmental and nongovernmental
entities, submit to Congress a report that--
``(A) catalogs, with respect to asthma prevention,
management, and surveillance--
``(i) the activities of the Federal
Government, including an assessment of the
progress of the Federal Government and States,
with respect to achieving the goals of the
Healthy People 2020 initiative; and
``(ii) the activities of other entities
that participate in the program under this
section, including nonprofit organizations,
patient advocacy groups, and medical societies;
and
``(B) makes recommendations for the future
direction of asthma activities, in consultation with
researchers from the National Institutes of Health and
other member bodies of the National Asthma Education
and Prevention Program who are qualified to review and
analyze data and evaluate interventions, including--
``(i) a description of how the Federal
Government may improve its response to asthma,
including identifying any barriers that may
exist;
``(ii) a description of how the Federal
Government may continue, expand, and improve
its private-public partnerships with respect to
asthma, including identifying any barriers that
may exist;
``(iii) the identification of steps that
may be taken to reduce the--
``(I) morbidity, mortality, and
overall prevalence of asthma;
``(II) financial burden of asthma
on society;
``(III) burden of asthma on
disproportionately affected areas,
particularly those in medically
underserved populations (as defined in
section 330(b)(3)); and
``(IV) burden of asthma as a
chronic disease;
``(iv) the identification of programs and
policies that have achieved the steps described
under clause (iii), and steps that may be taken
to expand such programs and policies to benefit
larger populations; and
``(v) recommendations for future research
and interventions.
``(2) Updates to congress.--
``(A) Congressional request.--During the 5-year
period following the submission of the report under
paragraph (1), the Secretary shall submit updates and
revisions of the report upon the request of the
Congress.
``(B) Five-year reevaluation.--At the end of the 5-
year period following the submission of the report
under paragraph (1), the Secretary shall evaluate the
analyses and recommendations made under such report and
determine whether a new report to the Congress is
necessary, and make appropriate recommendations to the
Congress.''. | Family Asthma Act Amends the Public Health Service Act to require the Centers for Disease Control and Prevention (CDC) to collaborate with state and local health departments to: (1) conduct activities regarding asthma, including deterring the harmful consequences of uncontrolled asthma, and disseminating health education and information regarding prevention of asthma episodes and strategies for managing asthma; and (2) develop state plans incorporating public health responses to reduce the burden of asthma, particularly regarding disproportionately affected populations. Revises and expands requirements for asthma surveillance activities. Requires the CDC to coordinate data collection activities to maximize the comparability of results. Requires the Department of Health and Human Services to submit an assessment of current activities related to asthma prevention, management, and surveillance along with recommendations for the future direction of asthma activities. | {"src": "billsum_train", "title": "Family Asthma Act"} | 1,926 | 172 | 0.468573 | 1.287772 | 0.845207 | 4.145695 | 12.344371 | 0.900662 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Truth in Cigarette Labeling Act of
2006''.
SEC. 2. PROHIBITION ON CLAIMS REGARDING TAR OR NICOTINE YIELD LEVELS OF
CIGARETTES.
(a) Findings.--Congress finds the following:
(1) Cigarette manufacturers (through use of words,
graphics, and color) have sold, distributed, and falsely
marketed brands of cigarettes to consumers as ``light'', ``low-
tar'', ``ultra light'', ``mild'', ``natural'', and ``low-
nicotine'' cigarettes, implying that the cigarettes are less
harmful than other brands of cigarettes.
(2) The National Cancer Institute has found that many
smokers mistakenly believe that cigarettes with the labels
described in paragraph (1) cause fewer health problems than
other cigarettes, and this belief misleads smokers who may
choose these cigarettes as an alternative to not smoking.
(3) The Federal Trade Commission has concluded that
``cigarette tar and nicotine ratings cannot predict the amount
of tar and nicotine [a person] get[s] from any particular
cigarette.''.
(4) Recent studies have demonstrated that there has been no
reduction in risk on a population-wide basis from the
cigarettes described in paragraph (1), and such cigarettes may
actually increase the risk of tobacco use.
(5) The dangers of marketing one brand of cigarettes as
less harmful than another brand of cigarettes when in fact
there are no reduced risks, is a compelling reason for the
Government to ensure statements, claims, or other
representations about cigarettes are truthful and not
deceptive.
(b) Definitions.--In this section:
(1) Health descriptor.--The term ``health descriptor''
includes the words ``light'', ``low'', ``low tar'',
``ultralight'', ``mild'', ``natural'', or any other word, or
any graphic or color, which reasonably could be expected to
result in a consumer believing that smoking such brand may
result in a lower risk of disease or be less hazardous to
health than smoking another brand of cigarette.
(2) Brand.--The term ``brand'' means a variety of tobacco
product distinguished by the type of tobacco used, tar content,
nicotine content, the flavoring used, size, filtration,
packaging, logo, registered trademark or brand name,
identifiable pattern of colors, or any combination thereof.
(3) Cigarette.--The term ``cigarette'' has the meaning
given such term in section 3(1) of the Federal Cigarette
Labeling and Advertising Act (15 U.S.C. 1332(1)), but also
includes tobacco, in any form, that is functional in the
product, which, because of its appearance, the type of tobacco
used in the filler, or its packaging and labeling, is likely to
be offered to, or purchased by, consumers as a cigarette or as
roll-your-own tobacco.
(4) Roll-your-own tobacco.--The term ``roll-your-own
tobacco'' means any tobacco which, because of its appearance,
type, packaging, or labeling, is suitable for use and likely to
be offered to, or purchased by, consumers as tobacco for making
cigarettes.
(c) Prohibition on Use of Health Descriptors and Federal Trade
Commission Testing Method.--
(1) In general.--Notwithstanding any other provision of
law, effective 120 days after the date of the enactment of this
Act, a cigarette manufacturer may not use a health descriptor
on the label or the advertising of any brand of cigarette.
(2) Prohibition on use of federal trade commission testing
method.--Notwithstanding any other provision of law, effective
120 days after the date of the enactment of this Act, a
cigarette manufacturer may not make any claims or any other
representations based on data derived from the cigarette
testing method established by the Federal Trade Commission in
effect on the day before the date of the enactment of this Act.
(3) Enforcement.--
(A) Unfair or deceptive act or practice.--A
violation of the prohibition described in paragraphs
(1) or (2) shall be treated as a violation of a rule
defining an unfair or deceptive act or practice
prescribed under section 18(a)(1)(B) of the Federal
Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(B) Actions by the commission.--The Federal Trade
Commission shall enforce this section in the same
manner, by the same means, and with the same
jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated
into and made a part of this section. | Truth in Cigarette Labeling Act of 2006 - Prohibits a cigarette manufacturer from: (1) using a health descriptor (e.g., "light" or "low tar") on the label or the advertising of any brand of cigarette; or (2) making any claims or other representations based on data derived from the cigarette testing method established by the Federal Trade Commission (FTC) before enactment of this Act. Treats any violation as an unfair or deceptive act or practice under the Federal Trade Commission Act. | {"src": "billsum_train", "title": "A bill to prohibit cigarette manufacturers from making claims regarding tar or nicotine yield levels of cigarettes, and for other purposes."} | 1,079 | 121 | 0.596513 | 1.532443 | 0.610488 | 4.56701 | 9.938144 | 0.896907 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Limiting the Intrusive Miles of
International Terrorist Sponsors Act of 2008'' or the ``LIMITS Act of
2008''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Countries designated as state sponsors of terrorism
represent a threat to the national security of the United
States.
(2) The United States is obligated to permit officials and
other representatives of countries designated as state sponsors
of terrorism to travel to New York City to attend meetings and
conduct official business at the United Nations.
(3) Individuals from countries not otherwise legally
permitted to travel to the United States are given visas for
delegates and representatives to the United Nations and other
related diplomatic purposes.
(4) In connection with the September 2007 meeting of the
United Nations General Assembly, 21 delegates from Cuba, 144
delegates from Iran, 6 delegates from North Korea, 7 delegates
from Syria, and 16 delegates from Sudan were issued visas by
the Department of State for travel to New York City.
(5) These delegates and representatives are in addition to
the number of domestically assigned nationals assigned to the
United States.
(6) Between 2002 and 2007, the Department of State issued,
with full diplomatic immunity, 1823 visas to delegates and
representatives from Cuba, 2782 visas to delegates and
representatives from Iran, 132 visas to delegates and
representatives from North Korea, 1242 visas to delegates and
representatives from Sudan, and 706 visas to delegates and
representatives from Syria.
(7) The delegates and representatives from Iran, North
Korea, and Cuba, which are all state sponsors of terrorism, are
currently permitted to travel up to 25 miles from Columbus
Circle in New York City for United Nations activities, far
beyond the necessary working vicinity of the United Nations,
giving them access not only to Manhattan, but to surrounding
cities and States.
(8) The delegates and representatives from Syria and Sudan,
both state sponsors of terrorism, are currently permitted to
travel throughout the United States without any mileage
restrictions.
(9) In June 2002, November 2003, and June 2004, Iranian
diplomatic personnel from the Iranian Mission to the United
Nations were caught photographing and videotaping the New York
City subway and other popular landmarks.
(10) The Department of State expelled these individuals for
being engaged in activities not consistent with their duties.
(11) Issuing approximately 6685 visas over the past 5 years
to personnel from countries designated as state sponsors of
terrorism, without proper boundaries, creates a major security
vulnerability within the United States.
(12) The presence of hundreds of individuals with
diplomatic immunity from countries designated as state sponsors
of terrorism is overwhelming United States counterterrorism and
intelligence resources.
(13) The United States has an obligation to protect the
American people against such threats.
SEC. 3. RESTRICTION ON DIPLOMATIC TRAVEL OF OFFICIALS AND
REPRESENTATIVES OF STATE SPONSORS OF TERRORISM.
(a) In General.--Notwithstanding any other provision of law, and
except as provided in subsections (b) and (c), the President shall
restrict to the designated area the travel of officials and
representatives of countries that are designated as state sponsors of
terrorism who are visiting the United Nations headquarters complex in
connection with official business at the United Nations headquarters
complex.
(b) Waiver.--The President may waive the travel restriction
described in subsection (a) if the President--
(1) determines that it is in the interest of national
defense of the United States to do so; and
(2) submits to Congress a report that contains the reasons
for such determination.
(c) Exceptions.--
(1) Ingress and egress.--For purposes of this section, the
restriction on travel referred to in subsection (a) shall not
include travel to and from John F. Kennedy International
Airport or LaGuardia Airport to the designated area in
connection with meetings at the United Nations headquarters
complex. Travel between the designated area and such airports
shall be direct and without any intervening stops.
(2) Accommodations.--For purposes of this section, the
restriction on travel referred to in subsection (a) shall not
include travel to and from any lodgings or other hotel
accommodations in which an official or representative is
staying if such lodging or other hotel accommodation is within
the designated area. Such permissible travel within the
designated area may be made only by land.
(3) Medical emergencies.--For purposes of this section, the
restriction on travel referred to in subsection (a) shall not
include travel to and from New York University medical center
or Bellevue Hospital Center for emergency medical care.
(d) Rules of Construction.--
(1) On travel.--Nothing in this Act shall be construed to
prohibit the placement of additional restrictions by the City
of New York, the State of New York, or the law enforcement
agencies of such City or State on the travel within the
designated area of officials and representatives of countries
that are designated as state sponsors of terrorism.
(2) Other restrictions.--Nothing in this Act shall be
construed to prohibit the placement by the President of
additional restrictions on officials and representatives of
countries that are designated as state sponsors or terrorism.
(e) Effective Date.--This Act shall take effect on the date that is
60 days after the date of the enactment of this Act.
(f) Definitions.--In this Act:
(1) Designated area.--The term ``designated area'' means an
area not greater than one-half of one mile (0.5 miles) in any
direction on the island of Manhattan from the United Nations
headquarters complex, but does not include any waterway.
(2) State sponsor of terrorism.--The term ``state sponsor
of terrorism'' means a country the government of which has been
determined by the Secretary of State, for purposes of section
6(j) of the Export Administration Act of 1979, section 620A of
the Foreign Assistance Act of 1961, section 40 of the Arms
Export Control Act, or other provision of law, is a government
that has repeatedly provided support for acts of international
terrorism.
(3) United nations headquarters complex.--The term ``United
Nations headquarters complex'' means the complex of United
Nations buildings located in the City of New York, on First
Avenue between 42nd Street and 48th Street, with the street
address of 760 United Nations Plaza. | Limiting the Intrusive Miles of International Terrorist Sponsors Act of 2008 or LIMITS Act of 2008 - Directs the President to restrict to the designated area the travel of officials and representatives of countries that are designated as state sponsors of terrorism who are visiting the U.N. headquarters complex in connection with official business.
Authorizes presidential waiver of such restriction upon submission of a report to Congress explaining why it is in the national interest to do so.
Excludes from such restriction: (1) direct travel to and from John F. Kennedy International Airport or LaGuardia Airport to the designated area in connection with meetings at the U.N. headquarters complex; (2) land travel to and from any lodgings or other hotel accommodations in which an official or representative is staying if such lodging or other hotel accommodation is within the designated area; and (3) travel to and from New York University medical center or Bellevue Hospital Center for emergency medical care.
Defines: (1) "designated area"; (2) "state sponsor of terrorism"; and (3) "United Nations headquarters complex." | {"src": "billsum_train", "title": "To restrict the diplomatic travel of officials and representatives of state sponsors of terrorism, and for other purposes."} | 1,369 | 230 | 0.55363 | 1.799044 | 0.68966 | 5.194175 | 6.349515 | 0.912621 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Urban Watershed Restoration Act of
1994''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Urban communities are disproportionately impacted by
water quality degradation and aquatic habitat loss.
(2) Local residents in urban communities can and should be
supported and empowered to revitalize and restore the urban
streams, rivers, lakes, and wetlands in their neighborhoods.
(3) Water quality and watershed programs in urban areas
must create new and diverse jobs for youths and other
unemployed workers in order to ensure the long-term
participation of urban communities within these programs.
(4) A range of biological techniques, including
revegetation and other methods, have been demonstrated to be
effective in restoring urban waters, but have been
underutilized and underfunded in municipal stormwater and
watershed management programs.
(5) Loss of species diversity and the invasion of exotic
species negatively impact estuarine habitat and can be
addressed through projects that enhance the diversity of
indigenous plant and animal communities.
(6) Lack of public access to waterways and riparian
parkland fosters human isolation from and disinterest in urban
watersheds. Access to waterways can and should be created in
urban neighborhoods when and where appropriate.
(7) The Nation benefits by supporting citizen monitoring
and local initiatives to protect and prevent further
degradation of urban waterways.
SEC. 3. PURPOSES.
The purposes of this Act are as follows:
(1) To enable local citizen and government organizations in
urban areas to undertake, with Federal, State, and private
assistance, urban watershed restoration programs which are
consistent with existing watershed and estuarine restoration
plans and existing Federal regulatory programs.
(2) To restore both small and large urban waterbodies to
become oases of beauty, recreation, sustenance, and renewal for
their communities.
(3) To achieve the goals of the Federal Water Pollution
Control Act in the most degraded and neglected urban areas;
specifically, to restore and maintain the chemical, physical,
and biological integrity of urban waters and watersheds,
including restoration and maintenance of water quality, a
balanced indigenous population of shellfish, fish, and
wildlife, aquatic and riparian vegetation, and recreational
activities in and on the water, and to protect designated uses,
including fishing, swimming, and drinking water supply.
(4) To support the formation of, and provide the funds for,
small local and minority-owned businesses and nonprofit citizen
organizations focused on providing urban watershed restoration
jobs, services, and products for persons and communities in
degraded urban watershed areas.
(5) To promote development of careers in urban watershed
restoration and related fields, as well as environmental
education, for youths.
(6) To create urban watershed restoration project
opportunities for State and local conservation or service
corps.
(7) To encourage the coordination of urban watershed
restoration projects and municipal stormwater and combined
sewer overflow permit programs.
(8) To increase public access to urban waterways and to
increase the amount of urban estuarine and riparian parkland
available for passive recreation.
(9) To promote the use of physical restoration of urban
waterways as a means to low-cost stormwater management.
(10) Creation of new wetland and riparian environments as
part of a multiobjective stormwater management system in which
the created wetlands, stream channels, and riparian zones
provide stormwater storage, detention, retention, nutrient
filtering, wildlife habitat, and increase biological diversity.
SEC. 4. ESTABLISHMENT OF PROGRAM.
Section 319 of the Federal Water Pollution Control Act (33 U.S.C.
1329) is amended by adding at the end the following new subsection:
``(o) National Urban Watershed Restoration Program.--
``(1) Establishment.--Not later than 90 days after the date
of the enactment of this subsection, the Administrator shall
establish a National Urban Watershed Restoration Program to be
carried out in accordance with the requirements of this
subsection.
``(2) Administration.--
``(A) In general.--The Program shall be
administered by each State which the Administrator
determines has a demonstrated successful urban river
restoration program. If a State does not have a
demonstrated successful urban river restoration
program, the Administrator shall administer the Program
through the Regional Administration of the
Environmental Protection Agency.
``(B) Combined funding.--The Administrator shall
assist States participating in the Program in combining
funding from the Program and other related programs to
reduce inefficiencies.
``(3) Funding.--The Administrator shall allocate at least
25 percent of funds made available to carry out this section
for the purpose of carrying out the Program.
``(4) Project grants and technical assistance.--
``(A) In general.--The Administrator shall use
funds allocated to carry out the Program for making
grants and providing technical assistance for projects
which meet the requirements of this subsection and
which are selected by the Administrator or the State,
as the case may be.
``(B) Federal share.--The Federal share of the cost
of carrying out a project with Federal assistance under
this subsection in any fiscal year shall not exceed 60
percent of the cost incurred in carrying out such
project and shall be made on condition that the non-
Federal share is provided from non-Federal sources. The
non-Federal share may include in-kind services.
``(C) Maximum amount to be used for individual
projects.--Not more than $500,000 of the funds
allocated to carry out the Program may be expended to
carry out any individual project.
``(D) Simplified contracting procedures.--The
Administrator shall develop simplified contracting
procedures for grants under the Program and may waive
Federal contracting requirements as appropriate for
grants under $100,000.
``(5) Project selection.--
``(A) Conditions.--The Administrator or State, as
the case may be, shall select a project to be carried
out under the Program only if the project meets the
following requirements:
``(i) Proposal.--The project is jointly
nominated by a State, local, regional, or
tribal governmental entity and by a private
citizen's organization active in the urban
watershed area of the project, and the project
sponsors submit to the Administrator or State a
proposal for carrying out the project.
``(ii) Consistency with existing plans and
permits.--In order to ensure consistency with
regional restoration priorities, the project
sponsors--
``(I) certify that all available
and relevant water quality and
watershed plans, reports, studies, and
strategies (including those under
sections 118, 119, 120, 208, 303, 314,
319, and 320 of this Act) that the
Administrator deems appropriate and,
where appropriate, municipal stormwater
discharge and combined sewer overflow
permits under section 402 have been
considered by the project sponsor; and
``(II) provide assurances that the
project will be carried out in a manner
which is consistent with such plans,
reports, studies, strategies, and
permits, as well as the goals and
objectives of the Program and this Act.
``(B) Priority projects.--Under the Program, the
Administrator shall encourage through technical
assistance and other means, and give priority to, those
projects that--
``(i) assist communities in meeting
municipal stormwater discharge and combined
sewer overflow permit program requirements
under section 402 of this Act;
``(ii) assist in the implementation of
approved national estuary plans under section
320 of this Act; and
``(iii) assist municipalities in the
development and implementation of stream
protection measures and monitoring.
``(C) Factors to be considered.--In considering
whether or not to select a project to be carried out
under the Program, the Administrator or State shall
consider, at a minimum, the following factors and give
priority to those projects that meet more than one of
these factors:
``(i) The project will be carried out in a
low-income urban area.
``(ii) The project will correct a water
pollution, stormwater drainage, aquatic and
riparian habitat loss, erosion reduction and
control, or landscape degradation problem which
contributes to the economic, social, and
environmental and water quality degradation of
the area.
``(iii) The project will support
ecologically-oriented businesses or occupations
in the area served by the project.
``(iv) The project will employ and train
State and local conservation or service corps
in watershed restoration and monitoring and
assessment work.
``(v) The project will employ youth.
``(vi) The project will support diverse
community coalitions in low-income urban areas
and support outreach programs to involve these
communities in urban watershed monitoring and
restoration.
``(vii) The project will restore urban
waterways providing benefits to urban fisheries
of recreational, subsistence, commercial, or
scientific significance, giving priority to
ecological restoration methods.
``(viii) The project will employ and train
urban fishers and other urban aquatic resource
users and harvesters who have experienced loss
or reduction of their livelihoods due to
habitat degradation or related harvesting
regulations.
``(ix) The project will integrate local or
regional schools, colleges, universities, and
nonprofit organizations into the restoration,
monitoring, and education activities of urban
water quality programs.
``(x) The project will assist a municipal
project sponsor in complying with municipal
stormwater and combined sewer overflow permit
program requirements under section 402.
``(6) Eligible project costs.--Project costs eligible for
funding under the Program shall be limited to the following
activities and purposes:
``(A) Ecological restoration of existing degraded
wetlands, streams, lakes, and rivers.
``(B) Removal of debris.
``(C) Creation of a greater diversity of aquatic
habitats in urban environments.
``(D) Construction of new wetlands and vegetated
riparian areas.
``(E) Reduction of runoff caused by urbanization,
including impervious surface and abandoned lot
reclamation and revegetation projects.
``(F) Streambank restoration and stabilization
utilizing biological slope stabilization.
``(G) Creation of floodplain riparian zones,
sediment removal from storm flows, and nutrient uptake
by riparian plant communities.
``(H) Projects designed to remove barriers to fish
passage and projects designed to remove culverts or
storm drains to reestablish stream channel environments
or to manage stormwater flow.
``(I) Organization of neighborhood or regional
nonprofit watershed citizen groups and councils to
develop a consensus watershed restoration strategy
where one does not currently exist and to carry out
restoration activities under such a plan.
``(J) Watershed landscape projects and geographical
surveys and mapping to carry out the purposes of this
Act, including the identification of potential riparian
restoration sites.
``(K) Employment of youths in any or all of the
activities described in subparagraphs (A) and (J). Such
employment shall be through membership in State or
local conservation or service corps or, where such
corps do not exist, through membership in State,
regional, or local community service organizations or
other equivalent agencies.
``(7) Coordination with other agencies.--The Administrator
shall assist project sponsors in coordinating with Federal and
State agencies, academic institutions, community organizations,
and public interest groups.
``(8) Cooperative agreements.--Each Regional Administrator
may enter into 1 or more cooperative agreements with
appropriate officials of the Soil Conservation Service of the
Department of Agriculture and the Fish and Wildlife Service and
the National Park Service of the Department of the Interior for
the purpose of having the cooperating agency provide technical
assistance to one or more projects being carried out under the
Program.
``(9) Nondegradation policy.--Nothing in this subsection
shall be construed to encourage additional development,
alteration, loss, or degradation of wetlands or other waters
within urban watersheds or stream corridors or any other waters
of the United States.
``(10) Reports.--
``(A) Regional administrators.--Not later than
January 1, 1995, and each January 1 thereafter, each
Regional Administrator shall submit to the
Administrator a report for the preceding fiscal year on
the implementation of the Program in its region,
together with recommendations of methods of improving
such implementation.
``(B) Administrator.--Not later than March 1, 1997,
the Administrator shall transmit to Congress a report
for fiscal years 1994, 1995, and 1996 on the
implementation of the Program under this subsection,
together with recommendations concerning continuation
of the Program after fiscal year 1998 and
recommendations concerning methods of improving such
implementation.
``(11) Definitions.--For the purposes of this subsection,
the following definitions apply:
``(A) Ecological restoration.--The term `ecological
restoration' means the process of intentionally
altering a site to establish a defined, indigenous,
historic ecosystem with the goal of emulating the
structure, function, diversity, and dynamics of the
ecosystem.
``(B) Program.--The term `Program' means the
National Urban Watershed Restoration Program
established under paragraph (1) by the Administrator.
``(C) Regional administrator.--The term `Regional
Administrator' means a Regional Administrator of the
Environmental Protection Agency.
``(D) Urban watershed.--The term `urban watershed'
means any watershed located wholly or substantially
within the boundaries of an urbanized area designated
by the Bureau of the Census or any watershed located
wholly or substantially within the boundaries of lands
owned or controlled by an Indian tribe.
``(E) Watershed.--The term `watershed' means all
lands that drain directly into a single waterbody, the
land that drains into sewer conveyances that discharge
to the waterbody, and the waterbody itself.''. | Urban Watershed Restoration Act of 1994 - Amends the Federal Water Pollution Control Act to require the Administrator of the Environmental Protection Agency (EPA) to establish a National Urban Watershed Restoration Program to be administered by each State which has a demonstrated successful urban river restoration program or by the Regional EPA Administrator in States without such programs.
Allocates at least 25 percent of funds made available for nonpoint source pollution management to the Program. Provides for grants and technical assistance for projects meeting this Act's requirements. Limits the Federal share of a project's cost to 60 percent of the total cost.
Sets forth conditions for project selection.
Gives priority to projects that assist in the: (1) meeting of municipal stormwater discharge and combined sewer overflow permit program requirements; (2) implementation of national estuary plans; and (3) development and implementation of stream protection measures and monitoring. Establishes other factors with respect to priority consideration, including that a project will be carried out in a low-income area and will correct a problem which contributes to economic, social, and environmental degradation.
Lists projects eligible for funding under the Program. | {"src": "billsum_train", "title": "Urban Watershed Restoration Act of 1994"} | 2,969 | 239 | 0.525564 | 1.574121 | 0.805488 | 2.936652 | 12.941176 | 0.891403 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ADA Amendments Act of 2008''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) in enacting the Americans with Disabilities Act of 1990
(ADA), Congress intended that the Act ``provide a clear and
comprehensive national mandate for the elimination of
discrimination against individuals with disabilities'' and
provide broad coverage;
(2) in enacting the ADA, Congress recognized that physical
and mental disabilities in no way diminish a person's right to
fully participate in all aspects of society, but that people
with physical or mental disabilities are frequently precluded
from doing so because of prejudice, antiquated attitudes, or
the failure to remove societal and institutional barriers;
(3) while Congress expected that the definition of
disability under the ADA would be interpreted consistently with
how courts had applied the definition of handicap under the
Rehabilitation Act of 1973, that expectation has not been
fulfilled;
(4) the holdings of the Supreme Court in Sutton v. United
Airlines, Inc., 527 U.S. 471 (1999) and its companion cases,
and in Toyota Motor Manufacturing, Kentucky, Inc. v. Williams,
534 U.S. 184 (2002) have narrowed the broad scope of protection
intended to be afforded by the ADA, thus eliminating protection
for many individuals whom Congress intended to protect; and
(5) as a result of these Supreme Court cases, lower courts
have incorrectly found in individual cases that people with a
range of substantially limiting impairments are not people with
disabilities.
(b) Purposes.--The purposes of this Act are--
(1) to carry out the ADA's objectives of providing ``a
clear and comprehensive national mandate for the elimination of
discrimination'' and ``clear, strong, consistent, enforceable
standards addressing discrimination'' by reinstating a broad
scope of protection to be available under the ADA;
(2) to reject the requirement enunciated by the Supreme
Court in Sutton v. United Airlines, Inc., 527 U.S. 471 (1999)
and its companion cases that whether an impairment
substantially limits a major life activity is to be determined
with reference to the ameliorative effects of mitigating
measures;
(3) to reject the Supreme Court's reasoning in Sutton v.
United Airlines, Inc., 527 U.S. 471 (1999) with regard to
coverage under the third prong of the definition of disability
and to reinstate the reasoning of the Supreme Court in School
Board of Nassau County v. Arline, 480 U.S. 273 (1987) which set
forth a broad view of the third prong of the definition of
handicap under the Rehabilitation Act of 1973;
(4) to reject the standards enunciated by the Supreme Court
in Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534
U.S. 184 (2002), that the terms ``substantially'' and ``major''
in the definition of disability under the ADA ``need to be
interpreted strictly to create a demanding standard for
qualifying as disabled,'' and that to be substantially limited
in performing a major life activity under the ADA ``an
individual must have an impairment that prevents or severely
restricts the individual from doing activities that are of
central importance to most people's daily lives''; and
(5) to provide a new definition of ``substantially limits''
to indicate that Congress intends to depart from the strict and
demanding standard applied by the Supreme Court in Toyota Motor
Manufacturing, Kentucky, Inc. v. Williams and by numerous lower
courts.
SEC. 3. CODIFIED FINDINGS.
Section 2(a) of the Americans with Disabilities Act of 1990 (42
U.S.C. 12101) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) physical or mental disabilities in no way diminish a
person's right to fully participate in all aspects of society,
yet many people with physical or mental disabilities have been
precluded from doing so because of discrimination; others who
have a record of a disability or are regarded as having a
disability also have been subjected to discrimination;''; and
(2) by striking paragraph (7).
SEC. 4. DISABILITY DEFINED AND RULES OF CONSTRUCTION.
(a) Definition of Disability.--Section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102) is amended to read as
follows:
``SEC. 3. DEFINITION OF DISABILITY.
``As used in this Act:
``(1) Disability.--The term `disability' means, with
respect to an individual--
``(A) a physical or mental impairment that
substantially limits one or more major life activities
of such individual;
``(B) a record of such an impairment; or
``(C) being regarded as having such an impairment
(as described in paragraph (4)).
``(2) Substantially limits.--The term `substantially
limits' means materially restricts.
``(3) Major life activities.--
``(A) In general.--For purposes of paragraph (1),
major life activities include, but are not limited to,
caring for oneself, performing manual tasks, seeing,
hearing, eating, sleeping, walking, standing, lifting,
bending, speaking, breathing, learning, reading,
concentrating, thinking, communicating and working.
``(B) Major bodily functions.--For purposes of
paragraph (1), a major life activity also includes the
operation of a major bodily function, including but not
limited to, functions of the immune system, normal cell
growth, digestive, bowel, bladder, neurological, brain,
respiratory, circulatory, endocrine, and reproductive
functions.
``(4) Regarded as having such an impairment.--For purposes
of paragraph (1)(C):
``(A) An individual meets the requirement of `being
regarded as having such an impairment' if the
individual establishes that he or she has been
subjected to an action prohibited under this Act
because of an actual or perceived physical or mental
impairment whether or not the impairment limits or is
perceived to limit a major life activity.
``(B) Paragraph (1)(C) shall not apply to
impairments that are transitory and minor. A transitory
impairment is an impairment with an actual or expected
duration of 6 months or less.
``(5) Rules of construction regarding the definition of
disability.--The definition of `disability' in paragraph (1)
shall be construed in accordance with the following:
``(A) To achieve the remedial purposes of this Act,
the definition of `disability' in paragraph (1) shall
be construed broadly.
``(B) An impairment that substantially limits one
major life activity need not limit other major life
activities in order to be considered a disability.
``(C) An impairment that is episodic or in
remission is a disability if it would substantially
limit a major life activity when active.
``(D)(i) The determination of whether an impairment
substantially limits a major life activity shall be
made without regard to the ameliorative effects of
mitigating measures such as--
``(I) medication, medical supplies,
equipment, or appliances, low-vision devices
(which do not include ordinary eyeglasses or
contact lenses), prosthetics including limbs
and devices, hearing aids and cochlear implants
or other implantable hearing devices, mobility
devices, or oxygen therapy equipment and
supplies;
``(II) use of assistive technology;
``(III) reasonable accommodations or
auxiliary aids or services; or
``(IV) learned behavioral or adaptive
neurological modifications.
``(ii) The ameliorative effects of the mitigating
measures of ordinary eyeglasses or contact lenses shall
be considered in determining whether an impairment
substantially limits a major life activity.
``(iii) As used in this subparagraph--
``(I) the term `ordinary eyeglasses or
contact lenses' means lenses that are intended
to fully correct visual acuity or eliminate
refractive error; and
``(II) the term `low-vision devices' means
devices that magnify, enhance, or otherwise
augment a visual image.''.
(b) Conforming Amendment.--The Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.) is further amended by adding after
section 3 the following:
``SEC. 4. ADDITIONAL DEFINITIONS.
``As used in this Act:
``(1) Auxiliary aids and services.--The term `auxiliary
aids and services' includes--
``(A) qualified interpreters or other effective
methods of making aurally delivered materials available
to individuals with hearing impairments;
``(B) qualified readers, taped texts, or other
effective methods of making visually delivered
materials available to individuals with visual
impairments;
``(C) acquisition or modification of equipment or
devices; and
``(D) other similar services and actions.
``(2) State.--The term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the Virgin Islands, the Trust
Territory of the Pacific Islands, and the Commonwealth of the
Northern Mariana Islands.''.
(c) Amendment to the Table of Contents.--The table of contents
contained in section 1(b) of the Americans with Disabilities Act of
1990 is amended by striking the item relating to section 3 and
inserting the following items:
``Sec. 3. Definition of disability.
``Sec. 4. Additional definitions.''.
SEC. 5. DISCRIMINATION ON THE BASIS OF DISABILITY.
(a) On the Basis of Disability.--Section 102 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12112) is amended--
(1) in subsection (a), by striking ``with a disability
because of the disability of such individual'' and inserting
``on the basis of disability''; and
(2) in subsection (b) in the matter preceding paragraph
(1), by striking ``discriminate'' and inserting ``discriminate
against a qualified individual on the basis of disability''.
(b) Qualification Standards and Tests Related to Uncorrected
Vision.--Section 103 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12113) is amended by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively, and inserting after subsection
(b) the following new subsection:
``(c) Qualification Standards and Tests Related to Uncorrected
Vision.--Notwithstanding section 3(5)(D)(ii), a covered entity shall
not use qualification standards, employment tests, or other selection
criteria based on an individual's uncorrected vision unless the
standard, test, or other selection criteria, as used by the covered
entity, is shown to be job-related for the position in question and
consistent with business necessity.''.
(c) Conforming Amendment.--Section 101(8) of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12111(8)) is amended--
(1) in the paragraph heading, by striking ``with a
disability''; and
(2) by striking ``with a disability'' after ``individual''
both places it appears.
SEC. 6. RULES OF CONSTRUCTION.
Title V of the Americans with Disabilities Act of 1990 (42 U.S.C.
12201) is amended--
(1) by adding at the end of section 501 the following:
``(e) Benefits Under State Worker's Compensation Laws.--Nothing in
this Act alters the standards for determining eligibility for benefits
under State worker's compensation laws or under State and Federal
disability benefit programs.
``(f) Claims of No Disability.--Nothing in this Act shall provide
the basis for a claim by a person without a disability that he or she
was subject to discrimination because of his or her lack of disability.
``(g) Reasonable Accommodations and Modifications.--A covered
entity under title I, a public entity under title II, and any person
who owns, leases (or leases to), or operates a place of public
accommodation under title III, need not provide a reasonable
accommodation or a reasonable modification to policies, practices, or
procedures to an individual who meets the definition of disability in
section 3(1) solely under subparagraph (C).'';
(2) by redesignating section 506 through 514 as sections
507 through 515, respectively, and adding after section 505 the
following:
``SEC. 506. RULE OF CONSTRUCTION REGARDING REGULATORY AUTHORITY.
``The authority to issue regulations granted to the Equal
Employment Opportunity Commission, the Attorney General, and the
Secretary of Transportation under this Act includes the authority to
issue regulations implementing the definitions contained in sections 3
and 4.''; and
(3) in the table of contents contained in section 1(b), by
redesignating the items relating to sections 506 through 514 as
sections 507 through 515, respectively, and by inserting after
the item relating to section 505 the following new item:
``Sec. 506. Rule of construction regarding regulatory authority.''.
SEC. 7. CONFORMING AMENDMENTS.
Section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705) is
amended--
(1) in paragraph (9)(B), by striking ``a physical'' and all
that follows through ``major life activities'', and inserting
``the meaning given it in section 3 of the Americans with
Disabilities Act of 1990''; and
(2) in paragraph (20)(B), by striking ``any person who''
and all that follows through the period at the end, and
inserting ``any person who has a disability as defined in
section 3 of the Americans with Disabilities Act of 1990.''.
SEC. 8. EFFECTIVE DATE.
This Act and the amendments made by this Act shall become effective
on January 1, 2009.
Passed the House of Representatives June 25, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.
By Deborah M. Spriggs,
Deputy Clerk. | ADA Amendments Act of 2008 - (Sec. 4) Amends the Americans with Disabilities Act of 1990 (ADA) to redefine the term "disability," including by defining "major life activities" and "being regarded as having such an impairment."
Sets forth rules of construction regarding the definition of "disability," including that: (1) such term shall be construed in favor of broad coverage of individuals under the Act; (2) an impairment that substantially limits one major life activity need not limit other major life activities in order to be a disability; (3) an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active; and (4) the determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of specified mitigating measures.
Defines the term "auxiliary aids and services."
(Sec. 5) Prohibits employment discrimination against a qualified individual on the basis of disability. (Current law prohibits employment discrimination against a qualified individual with a disability because of the disability.)
Prohibits the use of qualification standards, employment tests, or other selection criteria based on an individual's uncorrected vision unless the standard, test, or other selection criteria, as used by the covered entity, is shown to be related to the position and is consistent with business necessity.
(Sec. 6) Declares that nothing in the Act: (1) alters the standards for determining eligibility for benefits under state worker's compensation laws or under state and federal disability benefit programs; (2) alters the requirement to make reasonable modifications in policies or procedures, unless such modifications would fundamentally alter the nature of the goods, services, facilities, or accommodations involved; or (3) provides the basis for a claim by a person without a disability that he or she was subject to discrimination because of the lack of disability.
Declares that the authority of the Equal Employment Opportunity Commission (EEOC), the Attorney General, and the Secretary of Transportation to issue regulations includes the authority to issue regulations implementing the definitions of this Act.
(Sec. 7) Makes conforming amendments to the Rehabilitation Act of 1973. | {"src": "billsum_train", "title": "To restore the intent and protections of the Americans with Disabilities Act of 1990."} | 3,234 | 489 | 0.515652 | 1.68592 | 0.738096 | 4.854167 | 6.678241 | 0.918981 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Militarizing Law Enforcement
Act''.
SEC. 2. ADDITIONAL LIMITATIONS ON TRANSFER OF DEPARTMENT OF DEFENSE
PERSONAL PROPERTY TO FEDERAL AND STATE LAW ENFORCEMENT
AGENCIES.
(a) Additional Limitations.--
(1) In general.--Section 2576a of title 10, United States
Code, is amended--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) in the matter preceding
subparagraph (A), by striking
``subsection (b)'' and inserting ``the
provisions of this section''; and
(II) in subparagraph (A), by
striking ``, including counter-drug and
counterterrorism activities''; and
(ii) in paragraph (2), by striking ``and
the Director of National Drug Control Policy'';
(B) in subsection (b)--
(i) in paragraph (3), by striking ``and''
at the end;
(ii) in paragraph (4), by striking the
period and inserting a semicolon; and
(iii) by adding at the end the following
new paragraphs:
``(5) the recipient certifies to the Department of Defense
that it has the personnel and technical capacity, including
training, to operate the property; and
``(6) the recipient certifies to the Department of Defense
that if the recipient determines that the property is surplus
to the needs of the recipient, the recipient will return the
property to the Department of Defense.'';
(C) by striking subsection (d); and
(D) by adding at the end the following new
subsections:
``(d) Limitations on Transfers.--The Secretary of Defense may not
transfer under this section any property as follows:
``(1) Weapons, weapon parts, and weapon components,
including camouflage and deception equipment, and optical
sights.
``(2) Weapon system specific vehicular accessories.
``(3) Demolition materials.
``(4) Explosive ordinance.
``(5) Night vision equipment.
``(6) Tactical clothing, including uniform clothing and
footwear items, special purpose clothing items, and specialized
flight clothing and accessories.
``(7) Drones.
``(8) Combat, assault, and tactical vehicles, including
Mine-Resistant Ambush Protected (MRAP) vehicles.
``(9) Training aids and devices.
``(10) Firearms of .50 caliber or higher, ammunition of .50
caliber or higher, grenade launchers, flash grenades, and
bayonets.
``(e) Approval by Law Required for Transfer of Property Not
Previously Transferrable.--(1) In the event the Secretary of Defense
proposes to make available for transfer under this section any property
of the Department of Defense not previously made available for transfer
under this section, the Secretary shall submit to the appropriate
committees of Congress a report setting forth the following:
``(A) A description of the property proposed to be made
available for transfer.
``(B) A description of the conditions, if any, to be
imposed on use of the property after transfer.
``(C) A certification that transfer of the property would
not violate a provision of this section or any other provision
of law.
``(2) The Secretary may not transfer any property covered by a
report under this subsection unless authorized by a law enacted by
Congress after the date of the receipt of the report by Congress.
``(f) Annual Certification Accounting for Transferred Property.--
(1) The Secretary of Defense shall submit to the appropriate committees
of Congress each year a certification in writing that each recipient to
which the Secretary has transferred property under this section during
the preceding fiscal year--
``(A) has provided to the Secretary documentation
accounting for all property the Secretary has previously
transferred to such recipient under this section; and
``(B) has complied with paragraphs (5) and (6) of
subsection (b) with respect to the property so transferred
during such fiscal year.
``(2) If the Secretary cannot provide a certification under
paragraph (1) for a recipient, the Secretary may not transfer
additional property to such recipient under this section, effective as
of the date on which the Secretary would otherwise make the
certification under this subsection, and such recipient shall be
suspended or terminated from further receipt of property under this
section.
``(g) Conditions for Extension of Program.--Notwithstanding any
other provision of law, amounts authorized to be appropriated or
otherwise made available for any fiscal year may not be obligated or
expended to carry out this section unless the Secretary submits to the
appropriate committees of Congress a certification that for the
preceding fiscal year that--
``(1) each recipient agency that has received property
under this section has--
``(A) demonstrated 100 percent accountability for
all such property, in accordance with paragraph (2) or
(3), as applicable; or
``(B) been suspended or terminated from the program
pursuant to paragraph (4);
``(2) with respect to each non-Federal agency that has
received property under this section, the State Coordinator
responsible for each such agency has verified that the State
Coordinator or an agent of the State Coordinator has conducted
an in-person inventory of the property transferred to the
agency and that 100 percent of such property was accounted for
during the inventory or that the agency has been suspended or
terminated from the program pursuant to paragraph (4);
``(3) with respect to each Federal agency that has received
property under this section, the Secretary of Defense or an
agent of the Secretary has conducted an in-person inventory of
the property transferred to the agency and that 100 percent of
such property was accounted for during the inventory or that
the agency has been suspended or terminated from the program
pursuant to paragraph (4);
``(4) the eligibility of any agency that has received
property under this section for which 100 percent of the
equipment was not accounted for during an inventory described
in paragraph (2) or (3), as applicable, to receive property
transferred under this section has been suspended or
terminated; and
``(5) each State Coordinator has certified, for each non-
Federal agency located in the State for which the State
Coordinator is responsible that--
``(A) the agency has complied with all requirements
under this section; or
``(B) the eligibility of the agency to receive
property transferred under this section has been
suspended or terminated; and
``(6) the Secretary of Defense has certified, for each
Federal agency that has received property under this section
that--
``(A) the agency has complied with all requirements
under this section; or
``(B) the eligibility of the agency to receive
property transferred under this section has been
suspended or terminated.
``(h) Website.--The Defense Logistics Agency shall maintain, and
update on a quarterly basis, an Internet website on which the following
information shall be made publicly available in a searchable format:
``(1) A description of each transfer made under this
section, including transfers made before the date of the
enactment of the Stop Militarizing Law Enforcement Act, set
forth by State, county, and recipient agency, and including
item name, item type, item model, and quantity.
``(2) A list of all property transferred under this section
that is not accounted for by the Defense Logistics Agency,
including--
``(A) the name of the State, county, and recipient
agency;
``(B) the item name, item type, and item model;
``(C) the date on which such property became
unaccounted for by the Defense Logistics Agency; and
``(D) the current status of such item.
``(3) A list of each agency suspended or terminated from
further receipt of property under this section, including
State, county, and agency, and the reason for and duration of
such suspension or termination.
``(i) Definitions.--In this section:
``(1) The term `appropriate committees of Congress' means--
``(A) the Committee on Armed Services and the
Committee on Homeland Security and Governmental Affairs
of the Senate; and
``(B) the Committee on Armed Services and the
Committee on Oversight and Government Reform of the
House of Representatives.
``(2) The term `agent of a State Coordinator' means any
individual to whom a State Coordinator formally delegates
responsibilities for the duties of the State Coordinator to
conduct inventories described in subsection (g)(2).
``(3) The term `State Coordinator', with respect to a
State, means the individual appointed by the governor of the
State to maintain property accountability records and oversee
property use by the State.''.
(2) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act.
(b) Return of Property to Department of Defense.--Not later than
one year after the date of the enactment of this Act, each Federal or
State agency to which property described by subsection (d) of section
2576a of title 10, United States Code (as added by subsection (a)(1) of
this section), was transferred before the date of the enactment of this
Act shall return such property to the Defense Logistics Agency on
behalf of the Department of Defense.
SEC. 3. USE OF DEPARTMENT OF HOMELAND SECURITY PREPAREDNESS GRANT
FUNDS.
(a) Definitions.--In this section--
(1) the term ``Agency'' means the Federal Emergency
Management Agency; and
(2) the term ``preparedness grant program'' includes--
(A) the Urban Area Security Initiative authorized
under section 2003 of the Homeland Security Act of 2002
(6 U.S.C. 604);
(B) the State Homeland Security Grant Program
authorized under section 2004 of the Homeland Security
Act of 2002 (6 U.S.C. 605);
(C) the Port Security Grant Program authorized
under section 70107 of title 46, United States Code;
and
(D) any other non-disaster preparedness grant
program of the Agency.
(b) Limitation.--The Agency may not permit awards under a
preparedness grant program--
(1) to be used to buy, maintain, or alter--
(A) explosive entry equipment;
(B) head and face protection equipment, other than
those to be used by certified bomb technicians;
(C) canines (other than bomb-sniffing canines for
agencies with certified bomb technicians or for use in
search and rescue operations);
(D) tactical or armored vehicles;
(E) long range hailing and warning devices;
(F) tactical entry equipment (other than for use by
specialized teams such as Accredited Bomb Squads,
Tactical Entry, or Special Weapons and Tactics (SWAT)
Teams); or
(G) firearms of .50 caliber or higher, ammunition
of .50 caliber or higher, grenade launchers, flash
grenades, or bayonets;
(2) to be used to buy, maintain, or alter body armor or
ballistic helmets and shields unless the grantee certifies to
the Agency that the equipment will not be used for riot
suppression.
(c) Review of Prior Receipt of Property Before Award.--In making an
award under a preparedness grant program, the Agency shall--
(1) determine whether the awardee has already received, and
still retains, property from the Department of Defense pursuant
to section 2576a of title 10, United States Code, including
through review of the website maintained by the Defense
Logistics Agency pursuant to subsection (h) of such section (as
added by section 2(a)(1) of this Act);
(2) require that the award may not be used by the awardee
to procure or obtain property determined to be retained by the
awardee pursuant to paragraph (1); and
(3) require that the award only be used to procure or
obtain property in accordance with use restrictions contained
within the Agency's State and Local Preparedness Grant
Programs' Authorized Equipment List.
(d) Use of Grant Program Funds for Required Return of Property to
DoD.--Notwithstanding any other provision of law, the use of funds by a
State or local agency to return to the Department of Defense property
transferred to such State or local agency pursuant to section 2676a of
title 10, United States Code, as such return is required by section
2(b) of this Act, shall be an allowable use of preparedness grant
program funds by such agency.
(e) Accountability Measures.--
(1) Audit of use of preparedness grant funds.--Not later
than one year after the date of the enactment of this Act, the
Comptroller General of the United States shall conduct an audit
covering the period of fiscal year 2010 through the current
fiscal year on the use of preparedness grant program funds. The
audit shall assess how funds have been used to procure
equipment, how the equipment has been used, and whether the
grant awards have furthered the Agency's goal of improving the
preparedness of State and local communities.
(2) Annual accounting of use of award funds.--Not later
than one year after the date of the enactment of this Act, the
Agency shall develop and implement a system of accounting on an
annual basis how preparedness grant program funds have been
used to procure equipment, how the equipment has been used,
whether grantees have complied with restrictions on the use of
equipment contained with the Authorized Equipment List, and
whether the awards have furthered the Agency's goal of
enhancing the capabilities of State agencies to prevent, deter,
respond to, and recover from terrorist attacks, major
disasters, and other emergencies.
SEC. 4. USE OF EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS.
(a) Limitation.--Section 501(d) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3751(d)) is amended by
adding at the end the following:
``(3) The purchase, maintenance, alteration, or operation
of--
``(A) lethal weapons; or
``(B) less-lethal weapons.''.
(b) Use of Grant Funds for Required Return of Property to DoD.--
Notwithstanding any other provision of law, the use of funds by a State
agency or unit of local government to return to the Department of
Defense property transferred to such agency or unit of local government
pursuant to section 2676a of title 10, United States Code, as such
return is required by section 2(b) of this Act, shall be an allowable
use of grant amounts under the Edward Byrne Memorial Justice Assistance
Grant Program.
SEC. 5. COMPTROLLER GENERAL REPORT.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter, the Comptroller General
of the United States shall submit to Congress a report on Federal
agencies, including offices of Inspector General for Federal agencies,
that have specialized units that receive special tactical or military-
style training or use hard-plated body armor, shields, or helmets and
that respond to high-risk situations that fall outside the capabilities
of regular law enforcement officers, including any special weapons and
tactics (SWAT) team, tactical response teams, special events teams,
special response teams, or active shooter teams.
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) A description of each specialized unit described under
such subsection.
(2) A description of the training and weapons of each such
unit.
(3) The criteria for activating each such unit and how
often each such unit was activated for each year of the
previous ten years.
(4) An estimate of the annual cost of equipping and
operating each such unit.
(5) Any other information that is relevant to understanding
the usefulness and justification for the units. | Stop Militarizing Law Enforcement Act Revises the authority of the Secretary of Defense (DOD) to transfer excess DOD property, including small arms and ammunition, to federal and state agencies for law enforcement activities to: repeal provisions authorizing the transfer of property the Secretary determines is suitable for use in counter-drug and counter-terrorism activities; repeal provisions directing the Secretary to carry out such transfers in consultation with the Director of National Drug Control Policy; condition such a transfer on the recipient certifying that it has the personnel and technical capacity to operate the property and will return property determined to be surplus to its needs; prohibit the transfer of specified weapons, materials, and equipment, including explosive ordnance, drones, assault vehicles, firearms or ammunition of .50 caliber or higher, grenade launchers, flash grenades, and bayonets; and condition continuation of such program on the Secretary certifying that, for the prior fiscal year, recipients demonstrated 100% accountability for transferred property and complied with program requirements or were suspended or terminated from the program. Requires the Secretary to: (1) report to Congress and obtain prior approval by law before transferring any DOD property not previously made available for transfer; and (2) submit an annual written certification that a recipient has accounted for, and met transfer conditions for, any such transferred property. Requires the Defense Logistics Agency to maintain an Internet website on such transfers, unaccounted-for property, and suspended or terminated recipients. Prohibits the Federal Emergency Management Agency (FEMA) from permitting awards under a preparedness grant program to be used to buy, maintain, or alter: (1) specified protective, tactical, or explosives equipment, vehicles, canines, or firearms or ammunition of .50 caliber or higher; and (2) body armor or ballistic helmets and shields unless the grantee certifies to FEMA that the equipment will not be used for riot suppression. Directs: (1) the Comptroller General to conduct an audit covering the period of FY2010 through the current fiscal year on the use of preparedness grant program funds that assesses how funds have been used to procure equipment, how the equipment has been used, and whether the grant awards have furthered FEMA's goal of improving the preparedness of state and local communities; and (2) FEMA to implement a system of accounting on an annual basis how preparedness grant program funds have been used to procure equipment, how the equipment has been used, whether grantees have complied with restrictions on the use of equipment contained with the Authorized Equipment List, and whether the awards have furthered its goal of enhancing the capabilities of state agencies to prevent, deter, respond to, and recover from terrorist attacks, major disasters, and other emergencies. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to prohibit the use of Edward Byrne Memorial Justice Assistance Grant funds for the purchase, maintenance, alteration, or operation of lethal weapons or less-lethal weapons. Directs the Comptroller General to report on federal agencies, including agency offices of Inspector General, that have specialized units that receive special tactical or military-style training or use hard-plated body armor, shields, or helmets and that respond to high-risk situations that fall outside the capabilities of regular law enforcement officers. Requires such report to include information that is relevant to understanding the usefulness and justification for such units. | {"src": "billsum_train", "title": "Stop Militarizing Law Enforcement Act"} | 3,484 | 745 | 0.550547 | 1.766962 | 0.693526 | 4.765528 | 5.190994 | 0.908385 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Guard Border Enforcement
Act''.
SEC. 2. USE OF NATIONAL GUARD TO SUPPORT DEPARTMENT OF HOMELAND
SECURITY BORDER CONTROL ACTIVITIES.
(a) Expanded Deployment of National Guard; Duration.--
(1) Deployment; duration.--In addition to the number of
members of the National Guard deployed along the international
border between the United States and Mexico as of the date of
the enactment of this Act, the Secretary of Defense shall
provide for the deployment of not less than an additional
10,000 members of the National Guard along the international
border between the United States and Mexico until the date on
which the Secretary of Homeland Security certifies that the
Federal Government has achieved operational control of the
international border.
(2) Additional deployments.--The Secretary of Defense may
exceed the number specified in paragraph (1) at the request of
a Governor of a State that shares a portion of the
international border between the United States and Mexico if,
despite the deployment of the additional 10,000 members of the
National Guard along the international border, operational
control of the international border has not been achieved.
(3) Deployment authorities.--Members of the National Guard
required to be deployed pursuant to paragraph (1) may be
deployed under section 502(f) of title 32, United States Code,
pursuant to a State border control activities plan approved
under section 112a of such title, as added by subsection (b),
or pursuant to the order of the Secretary of Defense under any
other provision of law.
(4) Exemption from end strengths and other limitations.--
Members of the National Guard deployed pursuant to paragraph
(1) shall not be included in the calculation to determine
compliance with--
(A) limits on end strength; or
(B) limits on the number of National Guard personal
that may be placed on active duty for operational
support.
(5) Operational control defined.--In this subsection, the
term ``operational control'' has the meaning given that term in
section 2(b) of the Secure Fence Act of 2006 (Public Law 109-
367; 8 U.S.C. 1701 note).
(b) Federal Assistance for State Border Control Activities Plans.--
Chapter 1 of title 32, United States Code, is amended by inserting
after section 112 the following:
``Sec. 112a. Border control activities
``(a) Funding Assistance.--The Secretary of Defense shall provide
funds to the Governor of a State who submits to the Secretary a State
border control activities plan satisfying the requirements of
subsection (c). Such funds shall be used for the following:
``(1) The pay, allowances, clothing, subsistence,
gratuities, travel, and related expenses, as authorized by
State law, of personnel of the National Guard of that State
used, while not in Federal service, for the purpose of border
control activities.
``(2) The operation and maintenance of the equipment and
facilities of the National Guard of that State used for the
purpose of border control activities.
``(3) The procurement of services and equipment, and the
leasing of equipment, for the National Guard of that State used
for the purpose of border control activities. However, the use
of such funds for the procurement of equipment may not exceed
$5,000 per item, unless approval for procurement of equipment
in excess of that amount is granted in advance by the Secretary
of Defense.
``(b) Use of Personnel Performing Full-Time National Guard Duty.--
(1) Under regulations prescribed by the Secretary of Defense, personnel
of the National Guard of a State may, in accordance with the State
border control activities plan referred to in subsection (c), be
ordered to perform full-time National Guard duty under section 502(f)
of this title for the purpose of carrying out border control
activities.
``(2)(A) A member of the National Guard serving on full-time
National Guard duty under orders authorized under paragraph (1) shall
participate in the training required under section 502(a) of this title
in addition to the duty performed for the purpose authorized under that
paragraph. The pay, allowances, and other benefits of the member while
participating in the training shall be the same as those to which the
member is entitled while performing duty for the purpose of carrying
out border control activities. The member is not entitled to additional
pay, allowances, or other benefits for participation in training
required under section 502(a)(1) of this title.
``(B) Appropriations available for the Department of Defense for
homeland defense may be used for paying costs associated with a
member's participation in training described in subparagraph (A). The
appropriation shall be reimbursed in full, out of appropriations
available for paying those costs, for the amounts paid. Appropriations
available for paying those costs shall be available for making the
reimbursements.
``(C) To ensure that the use of units and personnel of the National
Guard of a State pursuant to a State border control activities plan
does not degrade the training and readiness of such units and
personnel, the following requirements shall apply in determining the
border control activities that units and personnel of the National
Guard of a State may perform:
``(i) The performance of the activities may not adversely
affect the quality of that training or otherwise interfere with
the ability of a member or unit of the National Guard to
perform the military functions of the member or unit.
``(ii) National Guard personnel will not degrade their
military skills as a result of performing the activities.
``(iii) The performance of the activities will not result
in a significant increase in the cost of training.
``(iv) In the case of border control activities performed
by a unit organized to serve as a unit, the activities will
support valid unit training requirements.
``(c) Plan Requirements.--A State border control activities plan
shall--
``(1) specify how personnel of the National Guard of that
State are to be used in border control activities in support of
the mission of the United States Customs and Border Protection
of the Department of Homeland Security;
``(2) certify that those operations are to be conducted at
a time when the personnel involved are not in Federal service;
``(3) certify that participation by National Guard
personnel in those operations is service in addition to
training required under section 502 of this title;
``(4) certify that any engineer-type activities (as defined
by the Secretary of Defense) under the plan will be performed
only by units and members of the National Guard;
``(5) include a certification by the Attorney General of
the State (or, in the case of a State with no position of
Attorney General, a civilian official of the State equivalent
to a State attorney general) that the use of the National Guard
of the State for the activities proposed under the plan is
authorized by, and is consistent with, State law; and
``(6) certify that the Governor of the State or a civilian
law enforcement official of the State designated by the
Governor has determined that any activities included in the
plan that are carried out in conjunction with Federal law
enforcement agencies serve a State law enforcement purpose.
``(d) Examination of Plan.--Before funds are provided to the
Governor of a State under this section and before members of the
National Guard of that State are ordered to full-time National Guard
duty as authorized in subsection (b), the Secretary of Defense shall,
in consultation with the Secretary of Homeland Security, examine the
adequacy of the plan submitted by the Governor under subsection (c).
The plan as approved by the Secretary of Defense may provide for the
use of personnel and equipment of the National Guard of that State to
assist United States Customs and Border Protection in the
transportation of aliens who have violated a Federal immigration law.
``(e) End Strength Limitation.--(1) Except as provided in
paragraphs (2) and (3), at the end of a fiscal year there may not be
more than 10,000 members of the National Guard--
``(A) on full-time National Guard duty under section 502(f)
of this title to perform border control activities pursuant to
an order to duty; or
``(B) on duty under State authority to perform border
control activities pursuant to an order to duty with State pay
and allowances being reimbursed with funds provided under
subsection (a)(1).
``(2) The Secretary of Defense may increase the end strength
authorized under paragraph (1) if the Secretary determines that such an
increase is necessary in the national security interests of the United
States.
``(3) National Guard personnel deployed pursuant to paragraph (1)
shall not be included in the calculation to determine compliance with--
``(A) limits on end strength; or
``(B) limits on the number of National Guard personal that
may be placed on active duty for operational support.
``(f) Annual Report.--The Secretary of Defense shall submit to
Congress an annual report regarding assistance provided and activities
carried out under this section during the preceding fiscal year. The
report shall include the following:
``(1) The number of members of the National Guard excluded
under subsection (e) from the computation of end strengths.
``(2) A description of the border control activities
conducted under State border control activities plans referred
to in subsection (c) with funds provided under this section.
``(3) An accounting of the amount of funds provided to each
State.
``(4) A description of the effect on military training and
readiness of using units and personnel of the National Guard to
perform activities under the State border control activities
plans.
``(g) Statutory Construction.--Nothing in this section shall be
construed as a limitation on the authority of any unit of the National
Guard of a State, when such unit is not in Federal service, to perform
law enforcement functions authorized to be performed by the National
Guard by the laws of the State concerned.
``(h) Definitions.--In this section:
``(1) The term `border control activities', with respect to
the National Guard of a State, means the use of National Guard
personnel in border control activities authorized by the law of
the State and requested by the Governor of the State in support
of the mission of the United States Customs and Border
Protection of the Department of Homeland Security, including
activities as follows:
``(A) Armed vehicle and foot patrols along the
international border between the United States and
Mexico.
``(B) Interdiction of a vehicle, vessel, aircraft
or other similar activity.
``(C) Search, seizure, and detention of suspects.
``(D) Construction of roads, fences, and vehicle
barriers.
``(E) Search and rescue operations.
``(F) Intelligence gathering, surveillance, and
reconnaissance.
``(G) Aviation support.
``(2) The term `Governor of a State' means, in the case of
the District of Columbia, the Commanding General of the
National Guard of the District of Columbia.
``(3) The term `State' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, or a
territory or possession of the United States.''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 1 of such title is amended by inserting after the item relating
to section 112 the following:
``112a. Border control activities.''. | National Guard Border Enforcement Act - Directs the Secretary of Defense (DOD) (Secretary) to deploy at least an additional 10,000 members of the National Guard for border control activities along the U.S.-Mexico border until the Secretary of Homeland Security (DHS) certifies that the federal government has achieved operational control of the border.
Authorizes the Secretary to exceed 10,000 upon the request of a state that shares a portion of the U.S.-Mexico border if, despite deployment of the additional 10,000, operational control of the border has not been achieved.
Requires the Secretary to provide funding to a state that submits to the Secretary of State a state border control activities plan meeting certain requirements. Limits the number of National Guard that may be so deployed. | {"src": "billsum_train", "title": "To utilize the National Guard to provide support for the border control activities of the United States Customs and Border Protection of the Department of Homeland Security, and for other purposes."} | 2,450 | 172 | 0.679426 | 1.685606 | 0.676497 | 3.413043 | 17.65942 | 0.905797 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alaska Federal Lands Management
Demonstration Project''.
SEC. 2. CONGRESSIONAL FINDINGS; PURPOSES.
(a) Findings.--Congress finds and declares the following:
(1) The Alaska National Interest Lands Conservation Act (16
U.S.C. 3101 et seq.) established new and expanded units of the
National Park System and the National Wildlife System in many
areas of Alaska. The purposes of these conservation system
units were, among other purposes, to protect habitat for fish
and wildlife, to conserve fish and wildlife populations in
their natural state, to provide continued opportunity for
subsistence uses by local residents, and to protect
archaeological sites associated with Native cultures.
(2) Many rural Alaskan communities are in close proximity
to conservation system lands, and the purposes of these units
are uniquely relevant to the culture and ways of Native
Alaskans and other residents of rural Alaskan communities.
Congress recognized this close relationship in sections 1306,
1307 and 1308 of the Alaska National Interest Lands
Conservation Act, which directed the Secretary of Interior to
establish programs whereby Native lands were given preference
for the siting of conservation service unit facilities, Native
corporations and local residents were given preference for the
provision of visitor services, and local residents were given
preferences for employment. Despite these provisions, little
progress has been made in increasing related employment
opportunities for Native Alaskan and other local residents.
(3) In much of rural Alaska, Indian tribes and tribal
organizations have a long history of contracting to operate
Federal programs and provide Federal services to resident
Alaskan Natives and have demonstrated the capacity to provide
other kinds of Federal programs and services.
(b) Purposes.--The purposes of this demonstration project are to
design innovative management strategies that will lead to greater
efficiency in conservation system unit management, expand Native
contracting opportunities, increase local employment, and further the
unique purposes of these units as they relate to subsistence practices,
Alaska Native cultures, and the preservation of fish and wildlife
habitat and populations.
SEC. 3. AUTHORIZATION OF DEMONSTRATION PROJECT.
The Secretary of the Interior shall, for a period not to exceed 5
years following the date of the enactment of this Act, conduct an
Alaska Federal Lands Management Demonstration Project.
SEC. 4. ALASKA FEDERAL LANDS MANAGEMENT DEMONSTRATION PROJECT.
(a) Participation.--The Secretary shall select, upon request and in
a manner to achieve geographic representation, not less than 6 eligible
Alaska Native tribes or tribal organizations per year to participate in
the Demonstration Project in fiscal years 2000 and 2001.
(b) Eligibility.--To be eligible to participate in the
Demonstration Project, each Indian tribe or tribal organization shall--
(1) request participation by resolution or other official
action of the governing body of the tribal organization;
(2) demonstrate financial and management stability and
capability;
(3) demonstrate significant use of or dependency upon the
relevant conservation system unit or other public land unit for
which programs, functions, services, and activities are
requested to be placed under contract;
(4) where the Secretary receives a request to contract
specific conservation system unit programs, services,
functions, and activities, or portions thereof, from more than
1 Indian tribe or tribal organization meeting the criteria set
forth in paragraphs (1) through (3), the Secretary shall apply
the priority selection criteria applied by the Juneau Area
Bureau of Indian Affairs for contracting pursuant to the Indian
Self-Determination and Education Assistance Act. If, after
applying such criteria, there remains more than one eligible
participant and such participants have overlapping requests to
negotiate and contract for the same programs, services,
functions, and activities, or portions thereof, the Secretary
may require such Indian tribes or organizations to agree which
entity shall have the ability to contract, or to submit a joint
request prior to entering into negotiations.
(c) Contracts.--
(1) In general.--Upon request, the Secretary shall
negotiate and enter into a contract with each participating
Indian tribe or tribal organization to plan, conduct and
administer requested programs, services, functions and
activities, or portions thereof, related to the administration
of a conservation system unit or other public land unit that is
substantially located within the geographic region of the
respective Indian tribe or tribal organization.
(2) Technical support.--Contracts authorized by this Act
shall include, at the request of the Indian tribe or tribal
organization, the operation and support of the regional
advisory councils, biological research, harvest monitoring, and other
technical research related to conservation and allocation actions by
the regional councils, and such other programs, functions, services,
and activities reasonably necessary to carry out title VIII of the
Alaska National Interests Lands Conservation Act.
(3) Time limitation for negotiation of contracts.--Not
later than 90 days after selection by the Secretary of
participating Indian tribes or tribal organizations, the
Secretary shall initiate and conclude negotiations, unless an
alternative negotiation and implementation schedule is
otherwise mutually agreed to by the parties. The declination
and appeals provisions of the Indian Self-Determination and
Education Assistance Act, including section 110 of such Act,
shall apply to contracts and agreements requested and
negotiated under this Act.
(d) Contract Administration.--
(1) Inclusion of certain terms.--At the request of the
contracting Indian tribe or tribal organization, the benefits,
privileges, terms, and conditions of agreements entered into
pursuant to titles I and IV of the Indian Self-Determination
and Education Assistance Act shall be available for inclusion
in a contract entered into under this Act. If any provisions of
the Indian Self-Determination and Education Assistance Act are
incorporated they shall have the same force and effect as if
set out in full in this Act and shall apply notwithstanding any
other provision of law. The parties may include such other
terms and conditions as are mutually agreed to and not
otherwise contrary to law.
(2) Audit.--Contracts entered into under this Act shall
provide for a single-agency audit report to be filed as
required by chapter 75 of title 31, United States Code.
(3) Transfer of employees.--Any career Federal employee
employed at the time of the transfer of an operation or program
to an Indian tribe or tribal organization shall not be
separated from Federal service by such transfer.
Intergovernmental Personnel Actions may be used to transfer
supervision of such employees to the contracting Indian tribe
or tribal organization. Such transferred employees shall be
given priority placement for any available position within
their respective agency, notwithstanding any priority
reemployment lists, directives, rules, regulations or other
orders from the Department of the Interior, the Office of
Management and Budget, or other Federal agencies.
(e) Available Funding; Payment.--Under the terms of a contract
negotiated pursuant to subsection (a), the Secretary shall provide each
Indian tribe or tribal organization funds in an amount not less than
the Secretary would have otherwise provided for the operation of the
requested programs, services, functions, and activities. Contracts
entered into under this Act shall provide for advance payments to the
tribal organizations in the form of annual or semiannual installments.
(f) Timing.--Indian tribes and tribal organizations selected to
participate shall be entitled to begin implementation of any requested
contracts no later than the first fiscal year following the year in
which the Indian tribe or tribal organization is selected for
participation, unless the Indian tribe or tribal organization and the
Secretary, by mutual agreement, shall agree to an alternate
implementation schedule.
(g) Report.--Not later than 90 days after the close of fiscal years
2000 and 2001 and the end of this Demonstration Project, the Secretary
shall present to the Congress detailed reports, including a narrative,
findings, and conclusions on the costs and benefits of the
Demonstration Project. The reports shall identify remaining
institutional and legal barriers to the contracting of conservation
system unit management to Alaska Native entities and shall contain
suggestions for improving, continuing, and expanding the Demonstration
Project. The reports shall be authored jointly with, and shall include
the separate views of, all participating Alaska Native tribes and
tribal organizations.
(h) Limitations.--
(1) Revenue producing visitor services.--Contracts
authorized under this Act shall not include revenue producing
visitor services unless an agreement is reached with the most
directly affected Alaskan Native corporations to allow such
services to be included in the contract. Such contracts shall
not otherwise repeal, alter, or otherwise modify the any other
existing provision of sections 1307 and 1308 of the Alaska
National Interests Lands Conservation Act.
(2) Denali national park.--The Denali National Park shall
not be subject to any of the provisions of this Act.
(i) Grants.--
(1) In general.--Upon application, the Secretary shall
award a planning grant in the amount of $100,000 to any
participating Alaska Native tribe or tribal organization to
plan for the contracting of programs, functions, services, and
activities authorized under this Act.
(2) Authorization of appropriations.--There is authorized
to be appropriated $600,000 in each of the 2 fiscal years
immediately following the date of the enactment of this Act to
fund planning grants authorized under this subsection.
SEC. 5. ANILCA SECTION 1307 AND 1308 IMPLEMENTATION PROGRESS REPORT.
(a) Report Required.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall transmit to the Committee on
Energy and Natural Resources of the United States Senate and the
Committee on Resources of the United States House of Representatives a
report detailing the progress that the Department of the Interior has
made in the implementation of the provisions of sections 1307 and 1308
of the Alaska National Interests Lands Conservation Act. The report
shall--
(1) include a detailed action plan on the future
implementation of the provisions of sections 1307 and 1308 of
that Act;
(2) describe in detail the measures and actions that will
be taken to implement such sections, along with a description
of the anticipated results to be achieved during the 3 fiscal
years following the submission of the report;
(3) address any laws, rules, regulations, and policies
which limit or deter the goal of Alaska Native hiring or
contracting to perform and conduct activities and programs of
Department agencies and bureaus other than those currently
available through the Bureau of Indian Affairs.
(b) Funding.--The report required under subsection (a) shall be
completed within existing appropriations.
SEC. 6. DEFINITIONS.--
For the purposes of this Act:
(1) Conservation system unit.--The term ``conservation
system unit'' shall have the meaning given that term in section
102(4) of the Alaska National Interest Lands Conservation Act.
(2) Indian tribe.--The term ``Indian tribe'' shall have the
meaning given that term in subsection 4(e) of the Indian Self-
Determination and Education Assistance Act.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Tribal organization.--The term ``tribal organization''
shall have the meaning given that term in subsection 4(l) of
the Indian Self-Determination and Education Assistance Act. | Requires the Secretary to: (1) select not less than six eligible Alaska Native tribes or tribal organizations per year to participate in the Project in FY 2000 and 2001; and (2) negotiate and enter into a contract with each participant to plan, conduct, and administer requested programs and services related to the administration of a conservation system unit or other public land unit substantially located within the respective Indian tribe's or tribal organization's geographic region.
Requires contracts to include, at the participant's request, the operation and support of the regional advisory councils, biological research, harvest monitoring, and other technical research related to conservation and allocation actions by the regional councils and such other programs and services reasonably necessary to carry out title VIII of the Alaska National Interests Lands Conservation Act (ANILCA). Makes available the benefits, privileges, terms, and conditions of agreements entered into pursuant to titles I and IV of the Indian Self-Determination and Education Assistance Act for inclusion in the contract, at the request of the contracting tribe or tribal organization.
Prohibits the separation of any career Federal employee employed at the time of the transfer of an operation or program from Federal service to a tribe or tribal organization. Directs the Secretary to provide each tribe or tribal organization funds that would have otherwise been provided for the operation of the requested programs and services.
Specifies that contracts shall not include revenue producing visitor services unless an agreement is reached with the most directly affected Alaska Native corporations.
Exempts Denali National Park from the provisions of this Act.
Requires the Secretary, upon application, to award a planning grant to any participating Alaska Native tribe or tribal organization to plan for the contracting of programs and services authorized under this Act.
Authorizes appropriations.
Requires transmittal by the Secretary to the appropriate congressional committees of a report on the progress that the Department of the Interior has made in the implementation of ANILCA provisions concerning: (1) the continuation of existing visitor services in areas established as or added to a conservation system unit; and (2) establishment of a program for hiring individuals who, by reason of having lived or worked in or near public lands, have special knowledge or expertise concerning the natural or cultural resources of public lands, without regard to certain civil service training requirements, employment preferences, or numerical limitations. | {"src": "billsum_train", "title": "Alaska Federal Lands Management Demonstration Project"} | 2,385 | 489 | 0.599407 | 1.936542 | 0.721892 | 4.543624 | 5.053691 | 0.90604 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chesapeake Bay State and Local
Backstop Limitation Act of 2012''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Chesapeake bay state.--The term ``Chesapeake Bay
State'' means any one of the States of Delaware, Maryland, New
York, Pennsylvania, Virginia, or West Virginia, or the District
of Columbia.
(3) 2010 chesapeake bay tmdl.--The term ``2010 Chesapeake
Bay TMDL'' means the total maximum daily load for nitrogen,
phosphorus, and sediment for the Chesapeake Bay and its tidal
tributaries established by the Administrator on December 29,
2010, and noticed at 76 Fed. Reg. 549 (January 5, 2011).
SEC. 3. LIMITATIONS ON ADMINISTRATOR REGARDING CERTAIN ACTIONS IN THE
CHESAPEAKE BAY WATERSHED.
(a) Existing Permits.--In the case of a point source in the
Chesapeake Bay watershed for which the Administrator (or a State) has
issued a permit under section 402 of the Federal Water Pollution
Control Act (33 U.S.C. 1342) before the date of enactment of this Act,
the Administrator may not modify the permit to require additional
reductions in discharges of nitrogen, phosphorus, or sediment.
(b) New Permits and Permit Renewals.--In the case of a point source
in the Chesapeake Bay watershed for which the Administrator requires a
permit to be issued or renewed under section 402 of the Federal Water
Pollution Control Act (33 U.S.C. 1342) on or after the date of
enactment of this Act, the Administrator, for purposes of compensating
for any lack of progress in the State toward meeting the water quality
goals established for the State in the 2010 Chesapeake Bay TMDL, may
not require under such permit lower levels of discharges of nitrogen,
phosphorus, and sediment from such point source than would otherwise be
required if sufficient progress toward meeting such goals was being
made.
(c) Stormwater.--
(1) Industrial activity.--For purposes of application in
the Chesapeake Bay watershed, the Administrator may not revise
the definition of ``storm water discharge associated with
industrial activity'' contained in section 122.26 of title 40,
Code of Federal Regulations, as in effect on the date of
enactment of this Act.
(2) Limitation on new permits.--The Administrator may not
require a permit under section 402(p)(2)(E) of the Federal
Water Pollution Control Act (33 U.S.C. 1342(p)(2)(E)) for a
discharge of stormwater in the Chesapeake Bay watershed, from a
municipal separate storm sewer system or associated with an
industrial activity, for which a permit has not been issued
under section 402(p) of such Act (33 U.S.C. 1342(p)) before the
date of enactment of this Act.
(d) Animal Feeding Operations.--For purposes of application in the
Chesapeake Bay watershed, the Administrator may not revise the
definition of ``concentrated animal feeding operation'' contained in
section 122.23 of title 40, Code of Federal Regulations, as in effect
on the date of enactment of this Act.
(e) 2010 Chesapeake Bay TMDL.--Before the date on which all of the
nitrogen, phosphorus, and sediment total maximum daily loads
established in the 2010 Chesapeake Bay TMDL are met, the Administrator
may not--
(1) revise the 2010 Chesapeake Bay TMDL--
(A) to establish more specific or finer scale
wasteload or load allocations, including for nonpoint
sources or any individual point source; or
(B) to require additional reductions in loadings
from point sources, including through reallocating
additional load reductions of nitrogen, phosphorus, or
sediment from nonpoint sources to point sources; or
(2) issue or enforce any regulations regarding nitrogen,
phosphorus, or sediment for any navigable waters within the
Chesapeake Bay watershed in a Chesapeake Bay State, other than
the 2010 Chesapeake Bay TMDL, unless the chief executive of the
State submits to the Administrator a statement of approval of
the regulation.
SEC. 4. TREATMENT OF GRANTS.
The Administrator or the Secretary of Agriculture may not
condition, withhold, or redirect any grant related to water quality in
a Chesapeake Bay State under the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.) or the Food Security Act of 1985 (16 U.S.C.
3801 et seq.), respectively, because the Chesapeake Bay State does not
meet the water quality goals established for the State in the 2010
Chesapeake Bay TMDL, unless--
(1) the Administrator or the Secretary, as applicable, has
offered technical assistance to the State to assist the State
in meeting such water quality goals; and
(2) after allowing for sufficient time for the State to
benefit from such technical assistance, the State has failed to
show reasonable progress toward achieving such water quality
goals, as determined by the Administrator or the Secretary, as
applicable. | Chesapeake Bay State and Local Backstop Limitation Act of 2012 - Prohibits the Administrator of the Environmental Protection Agency (EPA) from: (1) modifying a permit issued under the Federal Water Pollution Control Act (commonly known as the Clean Water Act) before this Act's enactment for a point source in the Chesapeake Bay watershed to require additional reductions in discharges of nitrogen, phosphorus, or sediment; or (2) requiring lower levels of discharges of such pollutants under a national pollutant discharge elimination system (NPDES) permit for a point source in such watershed for purposes of compensating for any lack of progress in a state toward meeting the water quality goals established by the 2010 Chesapeake Bay TMDL (total maximum daily load).
Prohibits the Administrator from revising, for purposes of application in such watershed, the definitions of: (1) "storm water discharge associated with industrial activity" in regulations concerning storm water discharges in the EPA administered NPDES program, and (2) "concentrated animal feeding operation" in regulations concerning the EPA administered NPDES program.
Prohibits the Administrator from requiring a permit under the NPDES program for a discharge of stormwater in such watershed, either from a municipal separate storm sewer system or associated with an industrial activity, for which a permit has not been issued before this Act's enactment.
Prohibits the Administrator, before the date on which all of the nitrogen, phosphorus, and sediment TMDLs established in the 2010 Chesapeake Bay TMDL are met, from: (1) revising the 2010 Chesapeake Bay TMDL to establish more specific or finer scale waste load or load allocations and requiring additional reductions in loadings from point sources; or (2) issuing or enforcing regulations regarding such pollutants for any navigable waters within such watershed in Chesapeake Bay states (Delaware, Maryland, New York, Pennsylvania, Virginia, West Virginia, or the District of Columbia), other than the 2010 Chesapeake Bay TMDL, unless the chief executive of a Bay state approves of such regulation.
Prohibits the Administrator and the Secretary of Agriculture from conditioning, withholding, or redirecting grants related to water quality in Bay states under the Clean Water Act or the Food Security Act of 1985 because Bay states do not meet the water quality goals established for them in the 2010 Chesapeake Bay TMDL, unless the Administrator or the Secretary has offered technical assistance in meeting such goals and the Bay state has failed to show reasonable progress in meeting such goals after a sufficient amount of time. | {"src": "billsum_train", "title": "To limit the authority of the Administrator of the Environmental Protection Agency to implement certain actions related to Chesapeake Bay watershed total maximum daily loads, and for other purposes."} | 1,250 | 589 | 0.745404 | 2.384609 | 0.706717 | 3.686567 | 2.119403 | 0.880597 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Tax Credit Improvement Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to the Supplemental Poverty Measure of the
Bureau of the Census, the Child tax credit and earned income
tax credit lift more children out of poverty than any other
Federal policy. According to research published by the Century
Foundation, the child tax credit alone now lifts nearly 1 in 8
children who would otherwise be poor out of poverty.
(2) Despite the success of the child tax credit, economists
have found that families with young children often receive the
smallest child tax credits because they do not yet have enough
income to receive the full benefit of the credit.
(3) Pediatricians and other child development experts have
long talked about the critical importance of the earliest years
of life.
(4) Economists have found similar effects of the importance
of income in the earliest years with returns to school
achievement.
(5) Young children, including babies and toddlers, are
among the poorest people in the country by age.
(6) Economists have found that large fluctuations in a
family's income can be detrimental to the development of young
children. Research on scarcity has found it is hard for parents
to focus on children if they are worrying about having
sufficient income to meet their family's needs.
(7) Indexing the value of the child tax credit would end
the slow erosion of the child tax credit due to inflation.
SEC. 3. YOUNG CHILD TAX CREDIT.
(a) Special Rule for Young Children.--Section 24 of the Internal
Revenue Code of 1986 is amended by adding at the end the following:
``(h) Young Child Tax Credit.--
``(1) In general.--In the case of a young qualifying child,
subsection (a) shall be applied for the taxable year (after the
application of subsection (i)) by substituting `$3,600' for
`$1,000'.
``(2) Young qualifying child.--For purposes of paragraph
(1), the term `young qualifying child' means a qualifying child
who has not attained age 6 as of the close of such taxable
year.
``(3) Limitation based on adjusted gross income.--For
purposes of applying subsection (b) with respect to a young
qualifying child, paragraph (1) of subsection (b) shall be
applied by substituting `$180' for `$50'.
``(4) Credit refundable.--The aggregate credits allowed to
a taxpayer under subpart C shall be increased by the credit
which would be allowed under this section without regard to
this subsection, subsection (d), and the limitation under
section 26(a). The amount of the credit allowed under this
subsection shall not be treated as a credit allowed under this
subpart and shall reduce the amount of credit otherwise
allowable under subsection (a) without regard to section 26(a).
``(5) Reconciliation of credit and advance credit.--
``(A) In general.--The amount of the credit allowed
under subsection (a) by reason of paragraph (1) for any
taxable year shall be reduced (but not below zero) by
the aggregate amount of any advance payments of such
credit under section 7527A for such taxable year.
``(B) Excess advance payments.--If the aggregate
amount of advance payments under section 7527A for the
taxable year exceeds the amount of the credit allowed
under subsection (a) by reason of paragraph (1) for
such taxable year (determined without regard to
subparagraph (A)), the tax imposed by this chapter for
such taxable year shall be increased by the amount of
such excess.''.
(b) Advance Payment of Credit.--Chapter 77 of such Code is amended
by inserting after section 7527 the following new section:
``SEC. 7527A. ADVANCE PAYMENT OF YOUNG CHILD TAX CREDIT.
``(a) In General.--As soon as practicable and not later than 1 year
after the date of the enactment of this section, the Secretary shall
establish a program for making advance payments of the credit allowed
under section 24 by reason of subsection (h) thereof on a monthly
basis, or as frequently as the Secretary determines to be
administratively feasible, to taxpayers allowed such credit (determined
without regard to section 24(h)(5)(A)).
``(b) Limitation.--The Secretary may make payments under subsection
(a) only to the extent that the total amount of such payments made to
any taxpayer during the taxable year does not exceed the amount
determined under section 24(h) with respect to such taxpayer
(determined without regard to subsections (b) and (f) of such section).
Such program shall make reasonable efforts to apply the limitation of
section 24(b) with respect to payments made under such program.''.
(c) Conforming Amendments.--
(1) Section 6211(b)(4)(A) of such Code is amended by
inserting ``24(h),'' after ``24(d),''.
(2) Section 6402(m) of such Code is amended by inserting
``or (h)'' after ``subsection (d)''.
(3) The table of sections for chapter 77 of such Code is
amended by inserting after the item relating to section 7527
the following new item:
``Sec. 7527A. Advance payment of young child tax credit.''.
(4) Section 1324(b)(2) of title 31, United States Code, is
amended by inserting ``24(h),'' before ``25A,''.
(d) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2016.
(2) Advance payment program.--The Secretary of the
Treasury, or his designee, shall establish the program
described in section 7527A of the Internal Revenue Code of 1986
(as added by this section) not later than such date.
SEC. 4. MODIFICATIONS OF THE CHILD TAX CREDIT.
(a) Refundable Portion.--Clause (i) of section 24(d)(1)(B) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(i) 45 percent of the taxpayer's earned
income (within the meaning of section 32) which
is taken into account in computing taxable
income for the taxable year, or''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to taxable years beginning after December 31, 2016.
SEC. 5. ADJUSTMENTS FOR INFLATION.
(a) In General.--Section 24 of the Internal Revenue Code of 1986,
as amended by sections 3 and 4, is amended by adding at the end the
following new subsection:
``(i) Inflation Adjustments.--
``(1) Credit amount generally.--In the case of any taxable
year beginning in a calendar year after 2016, the $1,000 amount
contained in subsection (a) shall be increased by an amount
equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2010' for `calendar year 1992' in
subparagraph (B) thereof.
``(2) Young child credit amount.--In the case of any
taxable year beginning in a calendar year after 2017, the
$3,600 amount contained in subsection (h)(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, determined by substituting
`calendar year 2016' for `calendar year 1992' in
subparagraph (B) thereof.
``(3) Rounding.--Any increase determined under paragraph
(1) or (2) shall be rounded to the nearest multiple of $50.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to taxable years beginning after December 31, 2016. | Child Tax Credit Improvement Act This bill amends the Internal Revenue Code, with respect to the child tax credit, to: (1) allow taxpayers an increased $3,600 tax credit for each young child under the age of six (young child tax credit), subject to specified limitations based on adjusted gross income; (2) require the Department of the Treasury to establish a program to make advance payments of the young child tax credit; (3) modify the refundable portion of the child tax credit; and (4) require annual inflation adjustments for both the child tax credit and the young child tax credit. | {"src": "billsum_train", "title": "Child Tax Credit Improvement Act"} | 1,815 | 118 | 0.56467 | 1.348665 | 0.622298 | 2.571429 | 13.991597 | 0.840336 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Workplace Violence Prevention Tax
Credit Act of 1996''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) there is an increasing awareness by the business
community and the country as a whole regarding the serious
problem of workplace violence against women;
(2) there is an increased recognition that workplace
violence against women has severe implications for the health,
safety, and economic well-being of women, as well as the
efficiency and profitability of American companies;
(3) recent crime statistics clearly show the serious threat
of workplace violence against women;
(4) homicide is the leading cause of death for women on the
job, and husbands, boyfriends, and ex-partners commit 15
percent of all workplace homicides against women;
(5) an estimated 8 percent of all rapes occur while victims
are working or on duty, at an average annual number of 13,000
workplace rapes each year;
(6) husbands and boyfriends commit 13,000 acts of violence
against women in the workplace every year;
(7) women are more likely than men to be attacked at work
by someone known to them, and 5 percent of women victimized at
work are attacked by a husband, boyfriend, or ex-partner;
(8) surveys of business executives and corporate security
directors also underscore the heavy toll that workplace
violence takes on American women and American businesses;
(9) 49 percent of senior executives recently surveyed said
domestic violence has a harmful effect on their company's
productivity, 47 percent said spousal abuse negatively impacts
attendance, and 44 percent said domestic violence increases
health care costs;
(10) 94 percent of corporate security and safety directors
at companies nationwide rank domestic violence as a high-risk
security problem;
(11) the public and private sectors--including the legal,
medical, social services, business, and religious communities--
must come together to combat violence against women in the
workplace; and
(12) the Congress, too, must play a role in encouraging
companies to promulgate workplace education and safety programs
to combat violence against women.
SEC. 3. CREDIT FOR COSTS TO EMPLOYERS OF IMPLEMENTING WORKPLACE SAFETY
PROGRAMS TO COMBAT VIOLENCE AGAINST WOMEN.
(a) 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. 45C. WORKPLACE SAFETY PROGRAM CREDIT.
``(a) In General.--For purposes of section 38, the workplace safety
program credit determined under this section for the taxable year is,
for any employer, an amount equal to 40 percent of the violence against
women safety and education costs paid or incurred by such employer
during the taxable year.
``(b) Definitions.--For purposes of this section--
``(1) Violence against women safety and education cost.--
``(A) In general.--The term `violence against women
safety and education cost' means any cost certified by
the Attorney General to the Secretary as being for the
purpose of--
``(i) ensuring the safety of employees from
violent crimes against women,
``(ii) providing counseling to employees
with respect to violent crimes against women,
``(iii) providing legal or medical services
to employees subjected to, or at risk from,
violent crimes against women,
``(iv) educating employees about the issue
of violent crimes against women, or
``(v) implementing human resource or
personnel policies initiated to protect
employees from violent crimes against women.
``(B) Types of costs.--Such term includes costs
certified by the Attorney General to the Secretary as
being for the purpose of--
``(i) the hiring of new security personnel
in order to address violent crimes against
women,
``(ii) the creation of buddy systems or
escort systems for walking employees to parking
lots, parked cars, subway stations, or bus
stops, in order to address violent crimes
against women,
``(iii) the purchase or installation of new
security equipment, including surveillance
equipment, lighting fixtures, cardkey access
systems, and identification systems, in order
to address violent crimes against women,
``(iv) the establishment of a hotline or a
counseling service about violent crimes against
women, for the use of individual employees,
``(v) the retention of an attorney to
provide legal services to employees seeking
restraining orders or other legal recourse from
violent crimes against women,
``(vi) the establishment of medical
services addressing the medical needs of
employees who are victims of violent crimes
against women,
``(vii) the retention of a financial expert
or an accountant to provide financial
counseling to employees seeking to escape from
violent crimes against women,
``(viii) the establishment of an education
program for employees, consisting of seminars
or training sessions about violent crimes
against women,
``(ix) studies of the cost, impact, or
extent of violent crimes against women at the
employer's place of business, if such studies
are made available to the public and protect
the identity of employees included in the
study,
``(x) the publication of a regularly
disseminated newsletter or other regularly
disseminated educational materials about
violent crimes against women,
``(xi) the implementation of leave policies
for the purpose of allowing victims of violent
crimes against women to pursue legal redress
against assailants, including leave from work
to attend meetings with attorneys, to give
evidentiary statements or depositions, and to
attend hearings or trials in court,
``(xii) the implementation of flexible work
policies for the purpose of allowing employees
who are victims of violent crimes against
women, or employees at risk with respect to
such crimes, to avoid assailants, or
``(xiii) the implementation of transfer
policies for the purpose of allowing employees
subjected to violent crimes against women to
change office locations within the company in
order to avoid assailants, including payment of
costs for the transfer and relocation of an
employee to another city, county, State, or
country for the purpose of maintaining the
employee's safety from violent crimes against
women.
``(C) Notification of possible tax consequences.--
In no event shall any cost for goods or services which
may be included in the income of any employee receiving
or benefiting from such goods or services be treated as
a violence against women safety and education cost
unless the employer notifies the employee in writing of
the possibility of such inclusion.
``(2) Violent crimes against women.--
``(A) In general.--The term `violent crimes against
women' includes sexual assault and domestic violence.
``(B) Domestic violence.--The term `domestic
violence' includes felony or misdemeanor crimes of
violence committed by--
``(i) a current or former spouse of the
victim,
``(ii) a person with whom the victim shares
a child in common,
``(iii) a person who is cohabitating with
or has cohabitated with the victim as a spouse,
``(iv) a person similarly situated to a
spouse of the victim under the domestic
violence or family laws of the jurisdiction in
which the employee resides or the employer is
located, or
``(v) any other adult person against a
victim who is protected from the person's acts
under the domestic or family violence laws of
the jurisdiction in which the employee resides
or the employer is located.
``(3) Employee and employer.--
``(A) In general.--The term `employee' includes any
employee of the employer or of any related person, and
any spouse or dependent of such an employee.
``(B) Partners and partnerships.--The term
`employee' includes a partner and the term `employer'
includes a partnership.
``(C) Related persons.--Persons shall be treated as
related to each other if such persons are treated as a
single employer under subsection (a) or (b) of section
52.
``(c) Coordination With Other Provisions.--No credit or deduction
shall be allowed under any other provision of this title for any amount
for which a credit is allowed under this section.''
(b) Carryforward, Carryback, and Deduction for Unused Credits.--
(1) Carryforward and carryback.--Subsection (a) of section
38 of such Code (relating to general business credit) is
amended by striking ``plus'' at the end of paragraph (10), by
striking the period at the end of paragraph (11) and inserting
``, plus'', and by adding at the end the following new
paragraph:
``(12) the workplace safety program credit determined under
section 45C.''
(2) Transitional rule for carrybacks.--Subsection (d) of
section 39 of such Code (relating to transitional rules) is
amended by adding at the end the following new paragraph:
``(7) No carryback of section 45c credit before effective
date.--No portion of the unused business credit for any taxable
year which is attributable to the workplace safety program
credit determined under section 45C may be carried back to a
taxable year beginning on or before the date of the enactment
of section 45C.''
(3) Deduction for unused credits.--Subsection (c) of
section 196 of such Code (relating to deduction for certain
unused business credits) is amended by striking ``and'' at the
end of paragraph (6), by striking the period at the end of
paragraph (7) and inserting ``, and'', and by adding at the end
the following new paragraph:
``(8) the workplace safety program credit determined under
section 45C.''
(c) Credit Not a Defense in Legal Actions.--The allowance of a
credit under section 45C of the Internal Revenue Code of 1986 (as added
by this Act) shall not absolve employers of their responsibilities
under any other law and shall not be construed as a defense to any
legal action (other than legal action by the Secretary of the Treasury
under such Code).
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45C. Workplace safety program
credit.''
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Workplace Violence Prevention Tax Credit Act of 1996 - Amends the Internal Revenue Code to allow a workplace safety program credit to an employer for 40 percent of the safety and education costs paid or incurred by such employer to implement workplace safety programs to combat violence against women. | {"src": "billsum_train", "title": "Workplace Violence Prevention Tax Credit Act of 1996"} | 2,352 | 57 | 0.525876 | 1.328756 | 0.82912 | 4.82 | 43.98 | 0.94 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commercial Mortgage Capital
Availability Act of 1993''.
SEC. 2. INSURED DEPOSITORY INSTITUTION CAPITAL REQUIREMENTS FOR
TRANSFERS OF MORTGAGE LOANS.
(a) Accounting Principles.--The accounting principles applicable to
the transfer of a mortgage loan with recourse contained in reports or
statements required to be filed with Federal banking agencies by a
qualified insured depository institution shall be consistent with
generally accepted accounting principles.
(b) Capital and Reserve Requirements.--With respect to the transfer
of a mortgage loan with recourse that is a sale under generally
accepted accounting principles, each qualified insured depository
institution shall--
(1) establish and maintain a reserve equal to an amount
sufficient to meet the reasonable estimated liability of the
institution under the recourse arrangement; and
(2) treat as an asset (for purposes of applicable capital
standards and other capital measures, including risk-based
capital requirements) only the maximum amount at risk under the
recourse arrangement.
(c) Qualified Institutions Criteria.--An insured depository
institution is a qualified insured depository institution for purposes
of this section if, without regard to the accounting principles or
capital requirements referred to in subsections (a) and (b), the
institution is--
(1) well capitalized; or
(2) with the approval, by regulation or order, of the
appropriate Federal banking agency, adequately capitalized.
(d) Aggregate Amount of Recourse.--The total outstanding amount at
risk with respect to transfers of mortgage loans under subsections (a)
and (b) (together with the amount at risk under any provisions of law
substantially similar to subsections (a) and (b)) shall not exceed--
(1) 15 percent of the risk-based capital of the
institution; or
(2) such greater amount, as established by the appropriate
Federal banking agency by regulation or order.
(e) Institutions That Cease To Be Qualified or Exceed Aggregate
Limits.--If an insured depository institution ceases to be a qualified
insured depository institution or exceeds the limits under subsection
(d), this section shall remain applicable to any transfer of mortgage
loans that occurred during the time that the institution was qualified
and did not exceed such limit.
(f) Prompt Corrective Action Not Affected.--The capital of an
insured depository institution shall be computed without regard to this
section in determining whether the institution is adequately
capitalized, undercapitalized, significantly undercapitalized, or
critically undercapitalized under section 38 of the Federal Deposit
Insurance Act.
(g) Regulations Required.--Not later than 180 days after the date
of the enactment of this Act, each appropriate Federal banking agency
shall promulgate final regulations implementing this section.
(h) Alternative System Permitted.--
(1) In general.--This section shall not apply if, at the
discretion of the appropriate Federal banking agency, the
regulations of the agency provide that the aggregate amount of
capital and reserves required with respect to the transfer of
mortgage loans with recourse does not exceed the aggregate
amount of capital and reserves that would be required under
subsection (b).
(2) Existing transactions not affected.--Notwithstanding
paragraph (1), this section shall remain in effect with respect
to transfers of mortgage loans with recourse by qualified
insured depository institutions occurring before the effective
date of regulations referred to in paragraph (1).
(i) Definitions.--For purposes of this section--
(1) the term ``adequately capitalized'' has the same
meaning as in section 28(b) of the Federal Deposit Insurance
Act;
(2) the term ``appropriate Federal banking agency'' has the
same meaning as in section 3 of the Federal Deposit Insurance
Act;
(3) the term ``capital standards'' has the same meaning as
in section 38(c) of the Federal Deposit Insurance Act;
(4) the term ``Federal banking agencies'' has the same
meaning as in section 3 of the Federal Deposit Insurance Act;
(5) the term ``insured depository institution'' has the
same meaning as in section 3 of the Federal Deposit Insurance
Act;
(6) the term ``other capital measures'' has the same
meaning as in section 38(c) of the Federal Deposit Insurance
Act;
(7) the term ``recourse'' has the meaning given to such
term under generally accepted accounting principles;
(8) the term ``mortgage loan'' means--
(A) a note or certificate of interest or
participation in a note (including any rights designed
to assure servicing of, or the timeliness of receipt by
the holders of such notes, certificates, or
participation of amounts payable under such notes,
certificates or participation) that is principally
secured by an interest in real property; or
(B) a security (as such term is defined in section
8 of the Securities Exchange Act of 1934) that is
secured by one or more notes described in subparagraph
(A) or certificates of interest or participation in
such notes (with or without recourse to issuers
thereof) and that, by its terms, provides for payments
of principal in relation to payments, or reasonable
projections of payments, on notes described in
subparagraph (A) or certificates of interest or
participation in such notes; and
(9) the term ``well capitalized'' has the same meaning as
in section 38(b) of the Federal Deposit Insurance Act.
SEC. 3. AMENDMENT TO DEFINITION OF MORTGAGE RELATED SECURITY.
Section 3(a)(41)(A)(i) of the Securities Exchange Act of 1934 (15
U.S.C. 78c(a)(41)(A)(i)) is amended by inserting before the semicolon
``, or on one or more parcels of real estate upon which is located one
or more commercial structures''.
SEC. 4. AUTHORITY TO EXEMPT COMMERCIAL MORTGAGE RELATED SECURITIES
TRANSACTIONS FROM PROHIBITED TRANSACTION RULES.
The Secretary of Labor, in consultation with the Secretary of the
Treasury, shall exempt, either unconditionally or on stated terms and
conditions, transactions involving commercial mortgage related
securities (as such term is defined in section 3(a)(41) of the
Securities Exchange Act of 1934, as amended by section 3 of this Act)
from--
(1) the restrictions of sections 406(a) and 407(a) of the
Employee Retirement Income Security Act of 1974; and
(2) the taxes imposed under section 4975 of the Internal
Revenue Code of 1986. | Commercial Mortgage Capital Availability Act of 1993 - Sets forth a regulatory scheme under which qualified insured depository institutions meeting prescribed reserve and capital requirements may execute mortgage loan transfers with a recourse arrangement.
Amends the Securities Exchange Act of 1934 to modify the definition of "mortgage related security" to include notes directly secured by a first lien on real estate with commercial structures located upon it (thus bringing such securities within the purview of the Act).
Directs the Secretary of Labor to exempt commercial mortgage related securities transactions from: (1) certain restrictions of the Employee Retirement Income Security Act of 1974; and (2) certain taxes imposed under the Internal Revenue Code. | {"src": "billsum_train", "title": "Commercial Mortgage Capital Availability Act of 1993"} | 1,438 | 140 | 0.492598 | 1.377961 | 0.649956 | 2.539063 | 10.070313 | 0.804688 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Middle Class Jobs Protection Act of
2008''.
SEC. 2. REDUCTION IN CORPORATE MARGINAL INCOME TAX RATES.
(a) General Rule.--Paragraph (1) of section 11(b) of the Internal
Revenue Code of 1986 is amended--
(1) by inserting ``and'' at the end of subparagraph (A),
(2) by striking ``but does not exceed $75,000,'' in
subparagraph (B) and inserting a period,
(3) by striking subparagraphs (C) and (D), and
(4) by striking the last 2 sentences.
(b) Personal Service Corporations.--Paragraph (2) of section 11(b)
of such Code is amended by striking ``35 percent'' and inserting ``25
percent''.
(c) Conforming Amendments.--Paragraphs (1) and (2) of section
1445(e) of such Code are each amended by striking ``35 percent'' and
inserting ``25 percent''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act, except that the amendments made by subsection (c) shall take
effect on such date.
SEC. 3. TEMPORARY INCREASE IN LIMITATION ON EXPENSING CERTAIN
DEPRECIABLE BUSINESS ASSETS.
(a) Dollar Limitation.--Paragraph (1) of section 179(b) of the
Internal Revenue Code of 1986 (relating to limitations) is amended by
striking ``$125,000 in the case of taxable years beginning after 2006
and before 2011'' and inserting ``$125,000 in the case of taxable years
beginning in 2007 or 2010 and $250,000 in the case of taxable years
beginning in 2008 or 2009''.
(b) Reduction in Limitation.--Paragraph (2) of section 179(b) of
such Code (relating to limitations) is amended by striking ``$500,000
in the case of taxable years beginning after 2006 and before 2011'' and
inserting ``$500,000 in the case of taxable years beginning in 2007 or
2010 and $1,000,000 in the case of taxable years beginning in 2008 or
2009''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
SEC. 4. 50 PERCENT ALLOWANCE FOR DEPRECIATION FOR CERTAIN PROPERTY
ACQUIRED DURING 2008 AND 2009.
(a) In General.--Paragraph (4) of section 168(k) of the Internal
Revenue Code of 1986 (relating to 50-percent bonus for certain
property) is amended--
(1) by striking ``May 5, 2003'' each place it appears and
inserting ``December 31, 2007'',
(2) by striking ``January 1, 2005'' each place it appears
and inserting ``January 1, 2010'',
(3) by striking ``May 6, 2003'' in subparagraph (B)(ii)(I)
and inserting ``January 1, 2008'',
(4) by striking ``January 1, 2006'' in subparagraph
(B)(iii) and inserting ``January 1, 2011'', and
(5) by striking ``of 30-percent bonus'' in the heading for
subparagraph (E).
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to property placed in service in taxable years beginning
after December 31, 2007.
(2) Exception for certain property.--The amendments made by
this section shall not apply to any property to which section
105 of the Gulf Opportunity Zone Act of 2005 applies.
SEC. 5. 5-YEAR CARRYBACK FOR CERTAIN NET OPERATING LOSSES.
(a) In General.--Subsection (H) of section 172(b)(1) of the
Internal Revenue Code of 1986 is amended by inserting ``or beginning
during 2008 or 2009,'' after ``2002''.
(b) Effective Date.--The amendments made by this section shall
apply to net operating losses for taxable years beginning after
December 31, 2007.
SEC. 6. 3-YEAR CARRYBACK FOR CERTAIN CREDITS.
(a) General Business Credit.--Subsection (a) of section 39 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new paragraph:
``(4) Special rule for 2008 and 2009.--In the case of an
excess described in paragraph (1) arising in a taxable year
beginning in 2008 or 2009--
``(A) paragraph (1)(A) shall be applied by
substituting `3 taxable years' for `taxable year',
``(B) paragraph (2)(A) shall be applied by
substituting `24 taxable years' for `21 taxable years',
and
``(C) paragraph (2)(B) shall be applied by
substituting `23 taxable years' for `20 taxable
years'.''.
(b) Foreign Tax Credit.--Section 904(c) of the Internal Revenue
Code of 1986 is amended by adding at the end thereof the following:
``In the case of taxable years beginning in 2008 or 2009, the first
sentence of this subsection shall, at the election of the taxpayer, be
applied by substituting `any of the three preceding taxable years' for
`the first preceding taxable year'.''.
(c) Effective Date.--The amendments made by this section shall
apply to credits arising in taxable years beginning after December 31,
2007. | Middle Class Jobs Protection Act of 2008 - Amends the Internal Revenue Code to: (1) reduce the maximum corporate income tax rate to 25%; (2) increase the expensing allowance for depreciable business assets to $250,000 in 2008 and 2009; (3) increase to 50% the current year bonus depreciation allowance for certain property placed in service in 2008 and 2009; and (4) allow additional carrybacks for certain net operating losses and for excess business and foreign tax credit amounts arising in 2008 and 2009. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to reduce corporate marginal income tax rates, and for other purposes."} | 1,268 | 104 | 0.572946 | 1.472734 | 0.681945 | 2.262626 | 11.111111 | 0.848485 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Rural Landscapes Act of
2010''.
SEC. 2. SPLIT ESTATE.
(a) In General.--Section 17 of the Mineral Leasing Act (30 U.S.C.
226) is amended by adding at the end the following:
``(q) Split Estates.--
``(1) Definitions.--In this subsection:
``(A) Covered land.--The term `covered land' means
land with respect to which--
``(i) title to oil and gas resources is
held by the United States; but
``(ii) title to the surface estate is not
held by the United States.
``(B) Lease.--The term `lease' means a lease issued
by the Secretary under this Act that provides for the
development of oil and gas resources (including coalbed
methane) on covered land.
``(C) Lessee.--The term `lessee' means the holder
of a lease for the development of oil and gas resources
on covered land.
``(D) Oil and gas operations.--The term `oil and
gas operations' means all activities affecting the
interest of a surface owner in covered land that are
associated with exploration, drilling, or production of
oil and gas, through final reclamation of the affected
surface.
``(E) Operator.--The term `operator' means a person
with the legal right to conduct oil and gas operations
on covered land.
``(F) Secretary.--The term `Secretary' means the
Secretary of the Interior.
``(G) Surface owner.--The term `surface owner'
means a person who holds legal or equitable title, as
demonstrated in the records of the applicable county
clerk or other local government official, to the
surface of the covered land on which the operator has
the right to conduct oil and gas operations.
``(2) Compensation and reclamation.--
``(A) In general.--An operator shall compensate the
surface owner for damages resulting from the oil and
gas operations of the operator on land affected by the
operations from--
``(i) loss of agricultural production and
income;
``(ii) lost land value;
``(iii) lost use of and lost access to the
land of the surface owner; and
``(iv) the lost value of improvements.
``(B) Reclamation.--An operator shall reclaim the
surface affected by the oil and gas operations of the
operator.
``(3) Notice of operations.--
``(A) Prior to initial entry.--Prior to initial
entry for activities that do not disturb the surface,
the operator shall provide at least five days notice by
certified mail or hand delivery to the surface owner.
``(B) Operations.--Prior to commencing oil and gas
operations, the operator shall provide not less than 30
days notice by certified mail or hand delivery to the
surface owner with sufficient disclosure of the planned
operations to enable the surface owner to evaluate the
effect of the operations.
``(C) Place of notice delivery.--The notices
required by this section shall be given to the surface
owner at the address shown by the records of the county
clerk at the time the notice is given.
``(D) Notice deemed received.--Notices required by
this section shall be deemed to have been received five
days after mailing by certified mail or immediately
upon hand delivery.
``(4) Surface use agreement.--
``(A) Surface use agreement.--At the time of
providing notice of operations under paragraph (3)(B),
the operator shall provide to the surface owner a
proposed surface use agreement that--
``(i) to the extent known, specifies
sufficient disclosure of the planned oil and
gas operations to enable the surface owner to
evaluate the effect of the operations on the
property, including--
``(I) placement, specifications,
maintenance and design of facilities,
equipment and roads;
``(II) terms of ingress and egress;
``(III) water protection (quality
and quantity);
``(IV) proposed reclamation; and
``(V) actions to minimize surface
damages to the land including runoff
and erosion; and
``(ii) includes an offer of compensation
for damages to the surface affected by oil and
gas operations.
``(B) Procedure.--
``(i) In general.--Not later than 30 days
after the date of receipt of the proposed
surface use agreement, the surface owner may
accept or reject the agreement.
``(ii) Failure to accept.--Failure to
accept the agreement during the 30-day period
described in clause (i) may be considered a
rejection of the agreement.
``(C) Negotiations.--The surface owner and operator
may enter into negotiations regarding the surface use
agreement.
``(D) Agreement.--The operator and the surface
owner may enter into a mutually acceptable agreement
that specifies the rights and obligations of the
parties with respect to the surface activities
conducted by the operator.
``(5) Entry without agreement; bond.--
``(A) In general.--In lieu of executing a surface
use agreement under paragraph (4)(A), the operator may
enter the property of the surface owner and conduct oil
and gas operations as provided in this section.
``(B) Financial assurance.--The operator shall
provide an appropriate financial assurance for the
benefit of the surface owner, as determined by the
Secretary, prior to commencing operations under this
paragraph.
``(C) Release of financial assurance.--The
Secretary shall provide for the appropriate release of
the financial assurance on a determination that--
``(i) the reclamation is complete; and
``(ii) the surface owner has been
compensated for any damages.
``(6) Notice of secretarial action with respect to federal
leases.--The Secretary shall make reasonable efforts to provide
to each surface owner of affected covered land, and to each
permittee or right-of-way holder with the right to use the
surface of affected Federal land, written notice of--
``(A) any lease sale for an oil or gas lease under
this Act by not later than 30 days before the date of
the lease sale; and
``(B) the issuance of a drilling permit by not
later than 5 days before the date of issuance.
``(7) Relationship to state law.--Nothing in this
subsection preempts any applicable State law.''.
(b) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Interior shall promulgate
such regulations as are necessary to carry out the amendment made by
subsection (a). | Protecting Rural Landscapes Act of 2010 - Amends the Mineral Leasing Act, with respect to the lease of oil and gas lands, to require a person with the legal right to conduct oil and gas operations on covered land (operator) to compensate the surface owner for damages resulting from: (1) loss of agricultural production and income; (2) lost land value; (3) lost use of and lost access to the land; and (4) the lost value of improvements. Requires the operator to reclaim the affected surface.
Requires the operator to give notice prior to: (1) initial entry for activities that do not disturb the surface; and (2) commencing oil and gas operations. Requires the operator, at the time of providing notice of commencement of oil and gas operations, to provide the surface owner with a proposed surface use agreement that includes an offer of compensation for damages to the surface affected by oil and gas operations.
Requires an operator to provide the surface owner with appropriate financial assurance of reclamation in lieu of executing a surface use agreement.
Requires the Secretary of the Interior to provide notice of upcoming lease sales and drilling permits to each: (1) surface owner of affected covered land; and (2) permittee or right-of-way holder with the right to use the surface of affected federal land. | {"src": "billsum_train", "title": "To amend the Mineral Leasing Act to require an operator to compensate a surface owner for damages resulting from the oil and gas operations of the operator on land affected by the operations."} | 1,490 | 284 | 0.67731 | 1.866659 | 0.842049 | 4.39313 | 5.312977 | 0.950382 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Russian Fissile Materials
Disposition Loan Guarantee Act of 2000''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The proliferation of nuclear weapons represents a risk
to the national security of the United States.
(2) Countries seeking new nuclear weapons capabilities
require both technical expertise and nuclear weapons materials.
(3) The nuclear weapons complex of the former Soviet Union
contains large amounts of such technical expertise and
materials and could present risks for nuclear proliferation.
(4) Several current programs address the potential for loss
of such technical expertise and materials.
(5) Progress on the Highly Enriched Uranium Agreement and
on the Plutonium Disposition Agreement will enhance United
States security against nuclear proliferation, but United
States security would be further enhanced were additional
progress achieved in securing and disposing of the nuclear
weapons materials of the former Soviet Union.
(6) In addition to the programs referred to in paragraphs
(4) and (5), a program providing for the placement of nuclear
weapons materials of the Russian Federation under permanent
safeguards in exchange for the guarantee of loans for
nonproliferation programs and activities of the Russian
Federation could enhance the economy of the Russian Federation
and achieve the interest of nations worldwide in providing for
the security of nuclear weapons materials that are not
currently under international safeguards.<plus-minus>
SEC. 3. LOAN GUARANTEES.
(a) Authority To Guarantee Loan.--Subject to the provisions of this
section, the Secretary of Energy may, with the approval of the
President, guarantee loans made to the Government of the Russian
Federation for purposes of nuclear nonproliferation programs and
activities of the Government of the Russian Federation.
(b) Limitations on Guarantees.--(1) The aggregate amount of loan
principal covered by guarantees under this section at any one time may
not exceed $1,000,000,000.
(2) The guarantee of a loan under this section applies to principal
and to interest on principal only up to 3 percent of principal.
(c) Loans Eligible for Guarantee.--(1) A loan eligible for
guarantee under this section is any loan made by a private lender to
the Government of the Russian Federation the proceeds of which are to
be utilized by the Government of the Russian Federation for one or both
of the following purposes:
(A) Support of nuclear nonproliferation programs and
activities of the Government of the Russian Federation.
(B) Development of the energy infrastructure of the Russian
Federation, including peaceful uses of nuclear energy in a
manner that complies with the Nuclear Nonproliferation Treaty.
(2) A loan is not eligible for guarantee under this section if the
proceeds of the loan are to be used for any purpose or activity under
the Plutonium Disposition Agreement, including to cover the costs of
the manufacture and use of mixed oxide (MOX) fuel in Russia under the
Plutonium Disposition Agreement.
(d) Loan Terms.--A loan guaranteed under this section shall have
the following terms:
(1) The loan principal shall be in increments of
$20,000,000.
(2) The term of the loan with respect to any principal
increment of the loan shall be not less than 15 years.
(3) Payments of principal and interest on the loan shall be
based on an amortization schedule providing that--
(A) interest on a principal increment of the loan
will commence on the date of the dispersal of the
principal increment of the loan;
(B) no payment of principal or interest on a
principal increment of the loan will be required for at
least 5 years after the date of the dispersal of the
principal increment of the loan;
(C) once payments of principal and interest
commence pursuant to subparagraph (B), such payments
will be made on a semi-annual basis; and
(D) all interest and principal on each principal
increment of the loan will be paid not later than the
completion of the term of the loan with respect to such
principal increment of the loan.
(4) The proceeds of the loan shall be dispersed only to the
Ministry of Atomic Energy of the Russian Federation.
(5) The lender may, upon default of the Government of the
Russian Federation on the loan, exercise the option described
in subsection (e)(3).
(e) Loan Security.--(1) As security for a loan guaranteed under
this section, the Government of the Russian Federation shall, for each
loan principal increment of $20,000,000, place 1.00 metric tons of
weapons-usable plutonium and 1.00 metric tons of weapons-usable highly
enriched uranium under International Atomic Energy Agency (IAEA)
safeguards at a facility in Russia. The placement of materials under
such safeguards as security for a principal increment of a loan shall
be completed before the dispersal of the principal increment of the
loan.
(2) As security for a loan guaranteed under this section, the
Government of the Russian Federation shall certify to the Secretary
that any materials placed under International Atomic Energy Agency
safeguards pursuant to paragraph (1) shall remain under such safeguards
indefinitely, including after the loan is paid off by the Government of
the Russian Federation.
(3)(A) In the event of a default on a loan guaranteed under this
section by the Government of the Russian Federation, the lender may,
with the approval of the Secretary, provide for the disposition or
utilization of materials placed under safeguards pursuant to paragraph
(1) as security for the loan to repay all or part of the loan.
(B) The disposition or utilization of materials under this
paragraph shall be in accordance with applicable International Atomic
Energy Agency safeguards regarding such materials, and such materials
may not, during the course of such disposition or utilization, be
removed from such safeguards.
(4) Materials placed under International Atomic Energy Agency
safeguards pursuant to paragraph (1) shall not be treated as part of
the 34.00 metric tons of weapons-grade plutonium to be used by the
Government of the Russian Federation largely as mixed oxide (MOX) fuel
under the Plutonium Disposition Agreement.
(f) Treatment of Guarantees Under Plutonium Disposition
Agreement.--The guarantee of any loan under this section shall not be
treated as a contribution to the Government of the Russian Federation
under the Plutonium Disposition Agreement.
(g) Prohibition on Collection of Fees.--The Secretary may not
impose or collect any fee in connection with the guarantee of a loan
under this section.
SEC. 4. SUPPORT OF INTERNATIONAL ATOMIC ENERGY AGENCY MATERIALS
SAFEGUARDS.
Of the amounts authorized to be appropriated or otherwise made
available to the Secretary of Energy each fiscal year for Materials
Protection Control and Accounting, not more than $15,000,000 shall be
available to the Secretary for purposes of covering the expenses of the
International Atomic Energy Agency (IAEA) in implementing and
maintaining safeguards under section 3(e) on materials providing
security for loans guaranteed under section 3.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) Cost of Loan Guarantees.--For the cost of the loans guaranteed
under this Act as defined in section 502 of the Congressional Budget
Act of 1974 (2 U.S.C. 661(a)), there is authorized to be appropriated
for fiscal years 2001 through 2004, such amounts as may be necessary.
(b) Cost of Administration.--There is hereby authorized to be
appropriated to the Secretary of Energy for fiscal year 2001,
$10,000,000 for purposes of activities under this Act, other than to
cover costs under subsection (a) and to cover expenses under section 4.
(c) Availability.--Amounts appropriated pursuant to the
authorizations of appropriations in subsections (a) and (b) shall
remain available until expended.
SEC. 6. DEFINITIONS
In this Act:
(1) Highly enriched uranium agreement.--The term ``Highly
Enriched Uranium Agreement'' means the Agreement Between the
United States of America and the Government of the Russian
Federation Concerning the Disposition of Highly Enriched
Uranium Extracted from Nuclear Weapons, dated February 18,
1993.
(2) Nuclear nonproliferation treaty.--The term ``Nuclear
Nonproliferation Treaty'' means the Treaty on the
Nonproliferation of Nuclear Weapons, as opened for signature
July 1, 1968.
(3) Plutonium disposition agreement.--The term ``Plutonium
Disposition Agreement'' means the Agreement Between the
Government of the United States of America and the Government
of the Russian Federation Concerning the Management and
Disposition of Plutonium Designated As No Longer Required for
Defense Purposes and Related Cooperation, signed by the United
States on September 1, 2000.
SEC. 7. TERMINATION OF AUTHORITY.
The authority of the Secretary of Energy to guarantee loans under
this Act shall terminate on December 31, 2003. The termination of
authority to guarantee loans under this section shall not affect the
validity of any guarantee made under this Act before that date. | Makes eligible for such guarantees any loan by a private lender to the GRF the proceeds of which are to be used for one or both of the following purposes: (1) support of GRF nuclear nonproliferation programs and activities; and (2) development of the energy infrastructure of the Russian Federation, including peaceful uses of nuclear energy in compliance with the Nuclear Nonproliferation Treaty. Denies guarantee eligibility for any loan whose proceeds are to be used for any purpose or activity under the Plutonium Disposition Agreement, including to cover the costs of the manufacture and use of mixed oxide (MOX) fuel in Russia under the Plutonium Disposition Agreement.
Requires the GRF, as security for each $20 million principal increment of a guaranteed loan, to place one metric ton of weapons-usable plutonium and one metric ton of weapons-usable highly enriched uranium under International Atomic Energy Agency (IAEA) safeguards at a facility in Russia.
Earmarks certain authorized appropriations to cover IAEA expenses in implementing and maintaining such safeguards.
Authorizes appropriations. | {"src": "billsum_train", "title": "Russian Fissile Materials Disposition Loan Guarantee Act of 2000"} | 1,923 | 243 | 0.656714 | 2.092545 | 0.86881 | 5.541237 | 9.231959 | 0.92268 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National
Collegiate Athletics Advancement Act of 2018'' or the ``NCAA Act of
2018''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ATHLETES ENROLLED IN INSTITUTIONS OF HIGHER EDUCATION
Sec. 10. Enforcement.
Sec. 11. Amateurism.
Sec. 12. Scholarships.
Sec. 13. Returning athlete scholarships.
Sec. 14. Student-athlete work opportunity.
Sec. 15. Student-athlete injury coverage.
TITLE II--COLLECTIVE BARGAINING AGREEMENTS
Sec. 21. Collective bargaining agreements in professional sports.
TITLE III--GENERAL PROVISIONS
Sec. 31. Annual report.
Sec. 32. Definitions.
TITLE I--ATHLETES ENROLLED IN INSTITUTIONS OF HIGHER EDUCATION
SEC. 10. ENFORCEMENT.
Section 487(a) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)) is amended by adding at the end the following:
``(30) The institution will comply with the requirements of
title I of the NCAA Act of 2018.''.
SEC. 11. AMATEURISM.
(a) In General.--Except as provided in subsection (b), an
institution of higher education may not restrict, or be a member of an
intercollegiate athletic association that restricts amateur athletes
from participating in amateur sports.
(b) Restrictions.--Subsection (a) shall not apply to restrictions
with respect to--
(1) performance enhancement drugs;
(2) controlled substances which are illegal under the State
laws in which the institution is located;
(3) educational requirements; or
(4) student code violations.
SEC. 12. SCHOLARSHIPS.
(a) Freshmen Scholarship Requirements.--
(1) In general.--In the case of a student described in
paragraph (2), an institution of higher education may only
provide a scholarship for at least 2 concurrent academic years.
(2) Student described.--A student described under this
paragraph is a student who--
(A) participates as an athlete in a collegiate
revenue-generating sport;
(B) is an incoming freshman at such institution;
and
(C) does not transfer to such institution from
another institution of higher education.
(b) Other Student Athletes.--
(1) In general.--In the case of a student described in
paragraph (2), an institution of higher education may only
provide a scholarship for at least 1 academic year.
(2) Student described.--A student described in this
paragraph is a student who--
(A) participates as an athlete in a collegiate
revenue-generating sport; and
(B) is not a recipient of a scholarship under
subsection (a).
(c) Amount of Scholarship.--The amount of a scholarship under
subsection (a) or (b) shall be equal to the cost of attendance for the
institution awarding such scholarship, as determined under section 472
of the Higher Education Act of 1965 (20 U.S.C. 1087ll).
(d) Revocation.--An institution of higher education may only revoke
a scholarship under subsections (a) and (b) if the recipient of such
scholarship--
(1) elects to withdraw from participating in the collegiate
revenue-generating sport;
(2) fails to complete mandatory time with respect to such
sport;
(3) is not an amateur athlete;
(4) violates the student code of conduct of the institution
of higher education; or
(5) has a GPA or academic performance below the standard
for student athletes of the institution of higher education.
SEC. 13. RETURNING ATHLETE SCHOLARSHIPS.
(a) Associates Degree.--In the case of a student that received a
scholarship from an institution of higher education under subsection
(a) or (b) of section 12 and attended such institution for a period of
less than 2 academic years, such institution of higher education shall
provide a needs-based scholarship to such student to complete the
minimum coursework necessary to obtain an associate degree.
(b) Bachelor's Degree.--In the case of a student that received a
scholarship from an institution of higher education under subsection
(a) or (b) of section 12 and attended such institution for a period of
2 or more academic years, such institution of higher education shall
provide a needs-based scholarship to such student to complete the
minimum coursework necessary to obtain a bachelor's degree.
(c) Full-Time Students.--An institution of higher education may
require a returning student described in subsection (a) or (b) to
attend such institution full-time.
(d) Needs-Based Scholarship.--In this section, the term ``needs-
based scholarship'' means the amount equal to--
(1) the cost of attendance for a student (as defined in
section 472 of the Higher Education Act of 1965 (20 U.S.C.
1087ll)); minus
(2) the lesser of the following:
(A) The expected family contribution for such
student if such contribution was determined under
section 475 of the Higher Education Act of 1965 (20
U.S.C. 1087oo).
(B) The expected family contribution for such
student if such contribution was determined under
section 476 of the Higher Education Act of 1965 (20
U.S.C. 1087pp).
(C) The expected family contribution for such
student if such contribution was determined under
section 477 of the Higher Education Act of 1965 (20
U.S.C. 1087qq).
SEC. 14. STUDENT-ATHLETE WORK OPPORTUNITY.
(a) In General.--An institution of higher education that provides a
scholarship under subsection (a) or (b) of section 12 to a student
shall require that such student report to such institution any
potential paid work opportunity such student intends to accept, before
accepting such work opportunity.
(b) Review of Work Opportunity.--In the case of a work opportunity
reported pursuant to subsection (a), an institution shall--
(1) approve or deny such opportunity not later than 14 days
after receiving such report; and
(2) deny such opportunity only if accepting such
opportunity--
(A) would nullify the amateur status of such
student; or
(B) would prohibit the student from fulfilling
mandatory time commitments for the sport for which the
student received a scholarship under subsection (a) or
(b) of section 12.
(c) Effect of Denial.--In the case of a denial of an opportunity
reported to an institution of higher education pursuant to subsection
(a), if a student accepts such opportunity, the institution may revoke
the scholarship under subsection (a) or (b) of section 12 of such
student.
SEC. 15. STUDENT-ATHLETE INJURY COVERAGE.
(a) In General.--In the case of a student at an institution of
higher education who participates as an athlete in a collegiate
revenue-generating sport, such institution shall ensure that such
student is provided, at no cost to such student, coverage for any
medical costs incurred by such student with respect to any injury
attributable to participation in such sport. Such institution shall
serve as the primary payor with respect to such costs in lieu of any
benefits such student may have under health insurance coverage or a
group health plan (as such terms are defined in section 2791 of the
Public Health Service Act (42 U.S.C. 300gg-91)).
(b) Effective Date.--The requirement specified in subsection (a)
shall apply with respect to students participating in a collegiate
revenue-generating sport on or after the date that is 180 days after
the date of the enactment of this Act.
TITLE II--COLLECTIVE BARGAINING AGREEMENTS
SEC. 21. COLLECTIVE BARGAINING AGREEMENTS IN PROFESSIONAL SPORTS.
A collective bargaining agreement between a professional sports
league and a professional players' association entered into after the
date of the enactment of this Act shall allow adults to enter the
collective bargaining agreement at the same level as other adults with
the same experience level in such professional sports league.
TITLE III--GENERAL PROVISIONS
SEC. 31. ANNUAL REPORT.
Not later than 1 year after the date of the enactment of this Act,
and annually thereafter, the Secretary of Education shall provide each
institution of higher education with a collegiate revenue-generating
sport a report of the responsibilities of such institutions with
respect to players participating in the collegiate revenue-generating
sport.
SEC. 32. DEFINITIONS.
In this Act:
(1) Adult.--The term ``adult'' means a person that is at
least 18 years old.
(2) Amateur athlete.--The term ``amateur athlete'' means an
athlete that participates in a sport who has not--
(A) entered into a contract with a professional
team with respect to such sport;
(B) received a salary with respect to such sport;
(C) received earnings (not including scholarships)
related to the participation in such sport; or
(D) received compensation from an agent
representing or attempting to represent such athlete in
such sport.
(3) Collegiate revenue-generating sport.--The term
``collegiate revenue-generating sport'' means men's basketball
or men's football offered by an institution of higher education
for which such institution participates in a qualified league.
(4) Institution of higher education.--The term
``institution of higher education'' means an institution
described in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001).
(5) Qualified league.--The term ``qualified league''
means--
(A) division 1, football bowl subdivision, autonomy
schools; and
(B) any sports league comprised of at least 6
participating institutions of higher education in which
at least 66 percent or greater of the revenues from a
sport offered by such institutions exceed the expenses
in that sport in each of the two most recently reported
years.
(6) Professional sports league.--The term ``professional
sports league'' means--
(A) the National Hockey League;
(B) the National Football League;
(C) the National Basketball Association;
(D) Major League Baseball; and
(E) Major League Soccer.
(7) Professional players association.--A group of
professional sports league players that are represented by a
collective bargaining agreement with a professional sports
league. | National Collegiate Athletics Advancement Act of 2018 or the NCAA Act of 2018 This bill amends the Higher Education Act of 1965 to require an institution of higher education or an eligible institution for purposes of any program participation agreement related to student assistance to comply with this bill's requirements. An institution of higher education may not restrict, or be a member of an intercollegiate athletic association that restricts, amateur athletes from participating in amateur sports, with exceptions. The bill sets forth restrictions on scholarships for student athletes. An institution of higher education that provides a scholarship to a student shall require the student to report to the institution any potential paid work opportunity the student intends to accept. In the case of a student at an institution of higher education who participates as an athlete in a collegiate revenue-generating sport, the institution shall ensure that the student is provided coverage at no cost for any medical costs incurred with respect to any injury attributable to participation in that sport. A collective bargaining agreement between a professional sports league and a professional players' association entered into shall allow adults to enter the agreement at the same level as other adults with the same experience level in the league. | {"src": "billsum_train", "title": "National Collegiate Athletics Advancement Act of 2018"} | 2,343 | 246 | 0.639408 | 1.756845 | 0.905112 | 4.488789 | 9.484305 | 0.946188 |
SECTION 1. MEDICARE DEMONSTRATION PROGRAM ON THE USE OF THIRD-PARTY
INTEREST-FREE PAYMENT ARRANGEMENTS TO REDUCE MEDICARE
HOSPITAL PART A BAD DEBT CLAIMS.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall establish a 3-year
demonstration program (in this section referred to as the
``demonstration program'') in 5 States to determine the impact on
patient engagement and satisfaction, health outcomes, and claims for
Medicare hospital part A bad debt (as defined in subsection (d)(2)) of
hospitals' implementing third-party interest-free payment arrangements
(as defined in subsection (b)).
(b) Third-Party Interest-Free Payment Arrangement Defined.--In this
section, the term ``third-party interest-free payment arrangement''
means, with respect to a hospital and individuals who are receiving
inpatient hospital services for which payment may be made under part A
of title XVIII of the Social Security Act, an arrangement between the
hospital, a third-party, and such individuals under which--
(1) the hospital offers to all such individuals the option
of making payment of Medicare part A cost-sharing under such an
arrangement for such services rather than through the routine
billing process for such cost-sharing;
(2) in the case of any such individual who agrees to such
offer, the hospital assigns to the third party the rights of
collection for such Medicare part A cost-sharing from such
individual and efforts for such collection by the third party
pursuant to this section shall be treated as reasonable
collection efforts by the hospital for purposes of section
413.89(e) of title 42 of the Code of Federal Regulations (or
any successor regulation);
(3) in the case of any such individual who does not agree
to such offer, the hospital payment of Medicare part A cost-
sharing for such services shall continue to be made through the
routine billing process for such cost-sharing (including with
respect to claims for Medicare hospital part A bad debt); and
(4) the third party--
(A) participates in a level of financial engagement
and education with all such individuals who agree to
such offer to ensure such individuals are able to
afford such cost-sharing payments;
(B) in collecting the amounts so owed, permits all
such individuals who agree to such offer to make
payment over time through a payment plan that does not
charge interest with respect to the balance of the
amount so owed; and
(C) pays the hospital the amount so collected under
the arrangement less a fee that does not exceed 15
percent of the amount so collected.
(c) Payment Incentive.--The demonstration program shall provide
that a hospital that participates in such a third-party interest free
payment arrangement under the program and demonstrates improved patient
engagement and satisfaction, improved health outcomes, and a reduction
in the number of claims for Medicare hospital part A bad debt that are
reported to the Secretary is paid an amount equal to 10 percent of the
original amount owed in Medicare part A cost-sharing that is collected
under the arrangement. Such amount shall be paid from funds
appropriated (under subsection (f)(1) of section 1115A of the Social
Security Act (42 U.S.C. 1315a)) for activities to carry out such
section.
(d) Report to Congress.--After the completion of the demonstration
program, the Secretary shall submit a report on the demonstration
program to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate. The report
shall include an analysis of whether the demonstration program reduced
the number and amount of Medicare hospital part A bad debt claims and
if there were improved health outcomes for Medicare beneficiaries who
did not forgo medical care due to their inability to pay for Medicare
part A cost-sharing.
(e) Other Definitions.--In this section:
(1) Medicare part a cost-sharing.--The term ``Medicare part
A cost-sharing'' means, with respect to a hospital, amounts
owed to the hospital that are derived from deductibles and
coinsurance imposed under part A of title XVIII of the Social
Security Act (42 U.S.C. 1395c et seq.).
(2) Medicare hospital part a bad debt.--The term ``Medicare
hospital part A bad debt'' means bad debt of a hospital that is
attributable to the inability of the hospital to collect
Medicare part A cost-sharing, taking into account collections
made under third-party interest-free payment arrangements made
under the demonstration program. | This bill requires the Centers for Medicare & Medicaid Services (CMS) to establish a three-year demonstration program to determine the impact of third-party, interest-free payment arrangements on: (1) health outcomes, (2) patient engagement and satisfaction, and (3) claims for bad debt that are attributable to a hospital's inability to collect deductibles and coinsurance for Medicare hospital services. Under the program, the CMS shall provide a payment incentive to a hospital that participates in such a payment arrangement and demonstrates improvement in those three areas. | {"src": "billsum_train", "title": "To establish a Medicare demonstration program on the use of third-party interest-free payment arrangements to reduce Medicare hospital part A bad debt claims."} | 1,012 | 171 | 0.532555 | 1.544166 | 0.6596 | 2.123711 | 9.659794 | 0.783505 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Honest Services Restoration Act''.
SEC. 2. AMENDMENT TO TITLE 18.
(a) In General.--Chapter 63 of title 18, United States Code, is
amended by inserting after section 1346 the following:
``Sec. 1346A. Definition of `scheme or artifice to defraud'
``(a) For purposes of this chapter, the term `scheme or artifice to
defraud' also includes--
``(1) a scheme or artifice by a public official to engage
in undisclosed self-dealing; or
``(2) a scheme or artifice by officers and directors to
engage in undisclosed private self-dealing.
``(b)(1) In subsection (a)(1)--
``(A) the term `undisclosed self-dealing' means that--
``(i) a public official performs an official act
for the purpose, in whole or in part, of benefitting or
furthering a financial interest of--
``(I) the public official;
``(II) the public official's spouse or
minor child;
``(III) a general partner of the public
official;
``(IV) a business or organization in which
the public official is serving as an employee,
officer, director, trustee, or general partner;
``(V) an individual, business, or
organization with whom the public official is
negotiating for, or has any arrangement
concerning, prospective employment or financial
compensation; or
``(VI) a person, business, or organization
from whom the public official has received a
thing of value or a series of things of value,
otherwise than as provided by law for the
proper discharge of official duty, or by rule
or regulation; and
``(ii) the public official knowingly falsifies,
conceals, or covers up material information that is
required to be disclosed regarding that financial
interest by any Federal, State, or local statute, rule,
regulation, or charter applicable to the public
official, or knowingly fails to disclose material
information regarding that financial interest in a
manner that is required by any Federal, State, or local
statute, rule, regulation, or charter applicable to the
public official;
``(B) the term `public official' means an officer,
employee, or elected or appointed representative, or person
acting for or on behalf of the United States, a State, or
subdivision of a State, or any department, agency, or branch
thereof, in any official function, under or by authority of any
such department agency or branch of Government;
``(C) the term `official act'--
``(i) includes any act within the range of official
duty, and any decision, recommendation, or action on
any question, matter, cause, suit, proceeding, or
controversy, which may at any time be pending, or which
may by law be brought before any public official, in
such public official's official capacity or in such
official's place of trust or profit;
``(ii) can be a single act, more than one act, or a
course of conduct; and
``(iii) includes a decision or recommendation that
the Government should not take action; and
``(D) the term `State' includes a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
``(2) In subsection (a)(2)--
``(A) the term `undisclosed private self-dealing' means
that--
``(i) an officer or director performs an act which
causes or is intended to cause harm to the officer's or
director's employer, and which is undertaken in whole
or in part to benefit or further by an actual or
intended value of $5,000 or more a financial interest
of--
``(I) the officer or director;
``(II) the officer or director's spouse or
minor child;
``(III) a general partner of the officer or
director;
``(IV) another business or organization in
which the public official is serving as an
employee, officer, director, trustee, or
general partner; or
``(V) an individual, business, or
organization with whom the officer or director
is negotiating for, or has any arrangement
concerning, prospective employment or financial
compensation; and
``(ii) the officer or director knowingly falsifies,
conceals, or covers up material information that is
required to be disclosed regarding that financial
interest by any Federal, State, or local statute, rule,
regulation, or charter applicable to the officer or
director, or knowingly fails to disclose material
information regarding that financial interest in a
manner that is required by any Federal, State, or local
statute, rule, regulation, or charter applicable to the
officer or director;
``(B) the term `employer' includes publicly traded
corporations, and private charities under section 501(c)(3) of
the Internal Revenue Code of 1986; and
``(C) the term `act' includes a decision or recommendation
to take, or not to take action, and can be a single act, more
than one act, or a course of conduct.''.
(b) Chapter Analysis.--The chapter analysis for chapter 63 of title
18, United States Code, is amended by inserting after the item for
section 1346 the following:
``Sec. 1346A. Definition of `scheme or artifice to defraud'.''. | Honest Services Restoration Act - Amends the federal criminal code to expand the definition of "scheme or artifice to defraud," for purposes of fraud offenses, to include: (1) a scheme or artifice by a public official to engage in undisclosed self-dealing; or (2) a scheme or artifice by officers and directors to engage in undisclosed private self-dealing.
Defines "undisclosed self-dealing" to mean: (1) performing an official act to benefit or further a financial interest of the public official, a spouse or minor child, a general partner, a business or organization in which the public official is serving as an employee, officer, director, trustee, or general partner, or an individual, business, or organization with whom the public official is negotiating for, or has any arrangement concerning, prospective employment or financial compensation; and (2) knowingly falsifying, concealing, covering up, or failing to disclose material information regarding a financial interest as required by law.
Defines "undisclosed private self-dealing" to mean: (1) performing an act which causes or is intended to cause harm to the employer of the officer or director and which is undertaken to benefit or further by an actual or intended value of $5,000 or more a financial interest of the officer or director, a spouse or minor child, a general partner, another business or organization in which the officer or director is serving as an employee, officer, director, trustee, or general partner, or an individual, business, or organization with whom the officer or director is negotiating for, or has any arrangement concerning, prospective employment or financial compensation; and (2) knowingly falsifying, concealing, covering up, or failing to disclose material information regarding a financial interest as required by law. | {"src": "billsum_train", "title": "A bill to expand the definition of scheme or artifice to defraud with respect to mail and wire fraud."} | 1,230 | 389 | 0.758287 | 2.404024 | 1.035783 | 5.074713 | 3.382184 | 0.925287 |
SECTION 1. EXPANSION AND MODIFICATION OF HOMEBUYER CREDIT.
(a) Elimination of First-Time Homebuyer Requirement.--
(1) In general.--Subsection (a) of section 36 of the
Internal Revenue Code of 1986 is amended by striking ``who is a
first-time homebuyer of a principal residence'' and inserting
``who purchases a principal residence''.
(2) Conforming amendments.--
(A) Subsection (c) of section 36 of such Code is
amended by striking paragraph (1) and by redesignating
paragraphs (2), (3), (4), and (5) as paragraphs (1),
(2), (3), and (4), respectively.
(B) Section 36 of such Code is amended by striking
``first-time homebuyer credit'' in the heading and
inserting ``home purchase credit''.
(C) The table of sections for subpart C of part IV
of subchapter A of chapter 1 of such Code is amended by
striking the item relating to section 36 and inserting
the following new item:
``Sec. 36. Home purchase credit.''.
(D) Subparagraph (W) of section 26(b)(2) of such
Code is amended by striking ``homebuyer credit'' and
inserting ``home purchase credit''.
(b) Elimination of Recapture Except for Homes Sold Within 3
Years.--Subsection (f) of section 36 of the Internal Revenue Code of
1986 is amended to read as follows:
``(f) Recapture of Credit in the Case of Certain Dispositions.--
``(1) In general.--In the event that a taxpayer--
``(A) disposes of the principal residence with
respect to which a credit was allowed under subsection
(a), or
``(B) fails to occupy such residence as the
taxpayer's principal residence,
at any time within 36 months after the date on which the
taxpayer purchased such residence, then the tax imposed by this
chapter for the taxable year during which such disposition
occurred or in which the taxpayer failed to occupy the
residence as a principal residence shall be increased by the
amount of such credit.
``(2) Exceptions.--
``(A) Death of taxpayer.--Paragraph (1) shall not
apply to any taxable year ending after the date of the
taxpayer's death.
``(B) Involuntary conversion.--Paragraph (1) shall
not apply in the case of a residence which is
compulsorily or involuntarily converted (within the
meaning of section 1033(a)) if the taxpayer acquires a
new principal residence within the 2-year period
beginning on the date of the disposition or cessation
referred to in such paragraph. Paragraph (1) shall
apply to such new principal residence during the
remainder of the 36-month period described in such
paragraph as if such new principal residence were the
converted residence.
``(C) Transfers between spouses or incident to
divorce.--In the case of a transfer of a residence to
which section 1041(a) applies--
``(i) paragraph (1) shall not apply to such
transfer, and
``(ii) in the case of taxable years ending
after such transfer, paragraph (1) shall apply
to the transferee in the same manner as if such
transferee were the transferor (and shall not
apply to the transferor).
``(D) Relocation of members of the armed forces.--
Paragraph (1) shall not apply in the case of a member
of the Armed Forces of the United States on active duty
who moves pursuant to a military order and incident to
a permanent change of station.
``(3) Joint returns.--In the case of a credit allowed under
subsection (a) with respect to a joint return, half of such
credit shall be treated as having been allowed to each
individual filing such return for purposes of this subsection.
``(4) Return requirement.--If the tax imposed by this
chapter for the taxable year is increased under this
subsection, the taxpayer shall, notwithstanding section 6012,
be required to file a return with respect to the taxes imposed
under this subtitle.''.
(c) Modification of Credit Amount.--
(1) In general.--Subparagraph (A) of section 36(b)(1) of
the Internal Revenue Code of 1986 is amended by striking
``$8,000'' and inserting ``the amount that is 3.5 percent of
the dollar amount limitation determined under section 305(a)(2)
of the Federal Home Loan Mortgage Corporation Act (12 U.S.C.
1454(a)(2)), including any increase in the limitation for an
area determined to be a high-cost area under such section, with
respect to the purchase of the qualified principal residence''.
(2) Conforming amendments.--Paragraph (1) of section 36(b)
of such Code is amended--
(A) by striking ``$4,000'' in subparagraph (B) and
inserting ``1.75 percent'',
(B) by striking ``$8,000'' in subparagraph (B) and
inserting ``3.5 percent'', and
(C) by striking ``$8,000'' in subparagraph (C) and
inserting ``the amount described in subparagraph (A)''.
(d) Modification of Income Limitation.--Subclause (II) of section
36(b)(2)(A)(i) of the Internal Revenue Code of 1986 is amended by
striking ``$75,000 ($150,000 in the case of a joint return)'' and
inserting ``$125,000 ($250,000 in the case of a joint return)''.
(e) Availability of Credit for Transfer.--Section 36 of the
Internal Revenue Code of 1986 is amended by redesignating subsections
(g) and (h), as amended by this section, as subsections (h) and (i),
respectively, and by inserting after subsection (f) the following new
subsection:
``(g) Transfer of Credit.--
``(1) In general.--A taxpayer may transfer all or a portion
of the credit allowable under subsection (a) to 1 or more
persons as payment of any liability of the taxpayer arising out
of--
``(A) the downpayment of any portion of the
purchase price of the principal residence,
``(B) mortgage, flood, and hazard insurance
premiums in connection with the purchase and paid at or
before closing,
``(C) interest on any debt incurred to purchase the
residence,
``(D) State and local real property taxes paid in
connection with the purchase, and
``(E) funding fees paid to the Department of
Veterans Affairs in connection with the purchase.
``(2) Credit transfer mechanism.--
``(A) In general.--Not less than 60 days after the
date of the enactment of this subsection, the Secretary
shall establish and implement a credit transfer
mechanism for purposes of paragraph (1). Such mechanism
shall require the Secretary to--
``(i) certify that the taxpayer is eligible
to receive the credit provided by this section
with respect to the purchase of a principal
residence and that the transferee is eligible
to receive the credit transfer,
``(ii) certify the credit transfer amount
which will be paid to the transferee, and
``(iii) require any transferee that
directly receives the credit transfer amount
from the Secretary to notify the taxpayer
within 14 days of the receipt of such amount.
Any check, certificate, or voucher issued by the
Secretary pursuant to this paragraph shall include the
taxpayer identification number of the taxpayer and the
address of the principal residence being purchased. For
purposes of determining the credit transfer amount
under clause (ii), the Secretary may estimate the
taxpayer's modified adjusted gross income for the
taxable year (as described in subsection (b)(2)) based
on the taxpayer's modified adjusted gross income (as so
described) for the preceding taxable year.
``(B) Timely receipt.--The Secretary shall issue
the credit transfer amount not less than 30 days after
the date of the receipt of an application for a credit
transfer.
``(3) Payment of interest.--
``(A) In general.--Notwithstanding any other
provision of this title, the Secretary shall pay
interest on any amount which is not paid to a person
during the 30-day period described in paragraph (2)(B).
``(B) Amount of interest.--Interest under
subparagraph (A) shall be allowed and paid--
``(i) from the day after the 30-day period
described in paragraph (2)(B) to the date
payment is made, and
``(ii) at the overpayment rate established
under section 6621.
``(C) Exception.--This paragraph shall not apply to
failures to make payments as a result of any natural
disaster or other circumstance beyond the control of
the Secretary.
``(4) Recapture of transfer amount.--If the credit transfer
amount paid to the transferee exceeds the amount of the credit
allowable under subsection (a) to the taxpayer, the taxpayer's
tax imposed by this chapter for the taxable year shall be
increased by the amount of such excess.
``(5) Effect on legal rights and obligations.--Nothing in
this subsection shall be construed to--
``(A) require a lender to complete a loan
transaction before the credit transfer amount has been
transferred to the lender, or
``(B) prevent a lender from altering the terms of a
loan (including the rate, points, fees, and other
costs) due to changes in market conditions or other
factors during the period of time between the
application by the taxpayer for a credit transfer and
the receipt by the lender of the credit transfer
amount.''.
(f) Effective Date.--The amendments made by this section shall
apply to residences purchased on or after December 31, 2008, in taxable
years ending on or after such date. | Amends the Internal Revenue Code to revise the tax credit for first-time homebuyers by: (1) eliminating the first-time homebuyer requirement (thus making such credit available to all homebuyers); (2) eliminating the repayment requirement for such credit except for resales of a principal residence, or failure to occupy such residence, at any time within 36 months of purchase; (3) exempting from the repayment requirement members of the Armed Forces who are ordered to relocate; (4) modifying the maximum amount of such credit and the adjusted gross income thresholds for reductions in the credit amount; and (5) allowing taxpayers to transfer their anticipated credit amount to another individual for specified purposes, including making a downpayment on a portion of a purchase price of a principal residence. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to expand the application of the homebuyer credit, and for other purposes."} | 2,199 | 171 | 0.616505 | 1.628686 | 0.786954 | 2.013423 | 13.644295 | 0.765101 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electric Reliability Act of 2004''.
SEC. 2. ELECTRIC RELIABILITY STANDARDS.
Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended
by adding at the end the following:
``SEC. 215. ELECTRIC RELIABILITY.
``(a) Definitions.--In this section:
``(1) Bulk-power system.--The term `bulk-power system'
means a network of interconnected transmission facilities and
generating facilities.
``(2) Electric reliability organization.--The term
`electric reliability organization' means a self-regulating
organization certified by the Commission under subsection (c)
the purpose of which is to promote the reliability of a bulk-
power system.
``(3) Reliability standard.--The term `reliability
standard' means a requirement to provide for reliable operation
of a bulk-power system approved by the Commission under this
section.
``(b) Jurisdiction and Applicability.--
``(1) In general.--The Commission shall have jurisdiction,
within the United States, over each electric reliability
organization, regional entity, and user, owner, and operator of
a bulk-power system (including an entity described in section
201(f)), for the purpose of approving reliability standards and
enforcing compliance with this section.
``(2) Compliance.--Each user, owner, and operator of the
bulk-power system shall comply with reliability standards that
take effect under this section.
``(c) Certification.--
``(1) Final rule.--Not later than 180 days after the date
of enactment of this section, the Commission shall promulgate a
final rule to implement the requirements of this section.
``(2) Submission of application.--Following the
promulgation of a Commission rule under paragraph (1), any
person may submit an application to the Commission for
certification as an electric reliability organization.
``(3) Requirements for certification.--The Commission may
certify an applicant if the Commission determines that the
applicant--
``(A) has the ability to develop, and enforce,
reliability standards that provide for an adequate
level of reliability of the bulk-power system;
``(B) has established rules that--
``(i) ensure the independence of the
applicant from users, owners, and operators of
the bulk-power system, while ensuring fair
stakeholder representation in the selection of
the directors of the applicant and balanced
decisionmaking in any committee or subordinate
organizational structure;
``(ii) allocate equitably dues, fees, and
other charges among end users for all
activities conducted under this section;
``(iii) provide fair and impartial
procedures for enforcement of reliability
standards through imposition of penalties
(including limitations on activities,
functions, or operations, or other appropriate
sanctions); and
``(iv) provide for reasonable notice and
opportunity for public comment, due process,
openness, and balance of interests in
developing reliability standards and otherwise
exercising the duties of the applicant.
``(4) Multiple applications.--If the Commission receives 2
or more timely applications that satisfy the requirements of
this subsection, the Commission shall approve only the
application that the Commission concludes will best implement
this section.
``(d) Reliability Standards.--
``(1) Filing.--An electric reliability organization shall
file a proposed reliability standard or modification to a
reliability standard with the Commission.
``(2) Approval.--
``(A) In general.--The Commission may approve a
proposed reliability standard or modification to a
reliability standard if the Commission determines that
the standard is just, reasonable, not unduly
discriminatory or preferential, and in the public
interest.
``(B) Deferral to electric reliability
organizations.--The Commission--
``(i) shall give due weight to the
technical expertise of the electric reliability
organization with respect to the content of a
proposed standard or modification to a
reliability standard; but
``(ii) shall not defer with respect to the
effect of the standard or modification on
competition.
``(3) Rebuttable presumptions for interconnection-wide
organizations.--The electric reliability organization and the
Commission shall rebuttably presume that a proposal from a
regional entity organized on an interconnection-wide basis for
a reliability standard or modification to a reliability
standard to be applicable on an interconnection-wide basis is
just, reasonable, not unduly discriminatory or preferential,
and in the public interest.
``(4) Disapproval.--The Commission shall remand to the
electric reliability organization for further consideration a
proposed reliability standard or a modification to a
reliability standard that the Commission disapproves in whole
or in part.
``(5) Mandatory submission.--The Commission, on its own
motion or on complaint, may order an electric reliability
organization to submit to the Commission a proposed reliability
standard or a modification to a reliability standard that
addresses a specific matter if the Commission considers such a
new or modified reliability standard to be appropriate to carry
out this section.
``(e) Enforcement.--
``(1) Penalties by electric reliability organizations on
users, owners, or operators.--An electric reliability
organization may impose a penalty on a user, owner, or operator
of a bulk-power system if the electric reliability
organization, after notice and an opportunity for a hearing--
``(A) finds that the user, owner, or operator of
the bulk-power system has violated a reliability
standard approved by the Commission under subsection
(d); and
``(B) files notice with the Commission, which shall
affirm, set aside, or modify the action.
``(2) Orders or penalties by commission on users, owners,
or operators.--On its own motion or on complaint, the
Commission may order compliance with a reliability standard,
and may impose a penalty against a user, owner, or operator of
a bulk-power system, if the Commission finds, after notice and
opportunity for a hearing, that the user, owner, or operator of
the bulk-power system has violated or threatens to violate a
reliability standard.
``(3) Delegation to regional entity.--
``(A) In general.--The Commission shall promulgate
regulations authorizing the electric reliability
organization to--
``(i) enter into an agreement to delegate
authority to a regional entity for the purpose
of proposing and enforcing reliability
standards (including related activities) if--
``(I) the regional entity satisfies
the requirements of subparagraphs (A)
and (B) of subsection (c)(2); and
``(II) the agreement promotes
effective and efficient administration
of bulk-power system reliability; and
``(ii) modify the delegation.
``(B) Rebuttable presumptions for interconnection-
wide organizations.--The electric reliability
organization and the Commission shall rebuttably
presume that a proposal for delegation to a regional
entity organized on an interconnection-wide basis
promotes effective and efficient administration of
bulk-power system reliability and should be approved.
``(C) Direct delegation to regional entity.--The
regulations may provide that the Commission may assign
the authority of the electric reliability organization
to enforce reliability standards directly to a regional
entity consistent with this paragraph.
``(4) Compliance.--The Commission may take such action as
is necessary or appropriate against the electric reliability
organization or a regional entity to ensure compliance with a
reliability standard or any Commission order affecting the
electric reliability organization or regional entity.
``(f) Changes in Electricity Reliability Organization Rules.--
``(1) Filing.--An electric reliability organization shall
file with the Commission for approval any proposed rule or
proposed rule change, accompanied by an explanation of the
basis and purpose of the rule or change.
``(2) Commission initiative.--The Commission, on its own
motion or complaint, may propose a change to the rules of the
electric reliability organization.
``(3) Effective date.--A proposed rule or proposed rule
change shall take effect on a finding by the Commission, after
notice and opportunity for comment, that the change is just,
reasonable, not unduly discriminatory or preferential, is in
the public interest, and satisfies the requirements of
subsection (c)(2).
``(g) Coordination With Canada and Mexico.--
``(1) Recognition.--The electric reliability organization
shall take all appropriate steps to gain recognition in Canada
and Mexico.
``(2) International agreements.--The President shall, to
the maximum extent practicable, enter into international
agreements with the governments of Canada and Mexico to provide
for effective compliance with reliability standards and the
effectiveness of the electric reliability organization in the
United States and Canada or Mexico.
``(h) Reliability Reports.--The electric reliability organization
shall conduct periodic assessments of the reliability and adequacy of
the interconnected bulk-power system in North America.
``(i) Savings Provisions.--
``(1) Compliance.--The electric reliability organization
shall have authority to develop and enforce compliance with
standards for the reliable operation of only the bulk-power
system.
``(2) Additional capacity; adequacy or safety.--This
section does not provide the electric reliability organization
or the Commission with the authority--
``(A) to order the construction of additional
generation or transmission capacity; or
``(B) to establish and enforce compliance with
standards for adequacy or safety of electric facilities
or services.
``(3) State action.--Nothing in this section preempts any
authority of a State to take action to ensure the safety,
adequacy, and reliability of electric service within that
State, as long as the action is not inconsistent with any
reliability standard.
``(4) Consistency with reliability standards.--Not later
than 90 days after the filing of the application of the
electric reliability organization or other affected party, and
after notice and opportunity for comment, the Commission shall
issue a final order determining whether a State action is
inconsistent with a reliability standard, taking into
consideration any recommendation of the electric reliability
organization.
``(5) Stays.--The Commission, after consultation with the
electric reliability organization, may stay the effectiveness
of any State action, pending the issuance of a final order by
the Commission.
``(j) Application of Antitrust Laws.--
``(1) Definition of antitrust laws.--In this subsection:
``(A) In general.--The term `antitrust laws' has
the meaning given the term in subsection (a) of the
first section of the Clayton Act (15 U.S.C. 12(a)).
``(B) Inclusion.--The term `antitrust laws'
includes section 5 of the Federal Trade Commission Act
(15 U.S.C. 45), to the extent that section applies to
unfair methods of competition.
``(2) Application.--To the extent undertaken to develop,
implement, or enforce a reliability standard, each of the
following activities shall not, in any action under the
antitrust laws, be deemed illegal per se:
``(A) Activities undertaken by an electric
reliability organization under this section.
``(B) Activities of a user, owner, or operator of
the bulk-power system undertaken in good faith under
the rules of an electric reliability organization.
``(3) Rule of reason.--In any action under the antitrust
laws, an activity described in paragraph (2) shall be judged on
the basis of the reasonableness of the activity, taking into
account all relevant factors affecting competition and
reliability.
``(k) Regional Advisory Bodies.--
``(1) In general.--The Commission shall establish a
regional advisory body on the petition of at least \2/3\ of the
States within a region that have more than \1/2\ of their
electric loads served within the region.
``(2) Composition.--A regional advisory body--
``(A) shall be composed of 1 member from each
participating State in the region, appointed by the
Governor of the State; and
``(B) may include representatives of agencies,
States, and provinces outside the United States.
``(3) Advice.--A regional advisory body may provide advice
to an electric reliability organization, a regional reliability
entity, or the Commission regarding--
``(A) the governance of an existing or proposed
regional reliability entity within the same region;
``(B) whether a standard proposed to apply within
the region is just, reasonable, not unduly
discriminatory or preferential, and in the public
interest;
``(C) whether fees proposed to be assessed within
the region are just, reasonable, not unduly
discriminatory or preferential, and in the public
interest; and
``(D) any other responsibilities requested by the
Commission.
``(4) Interconnection-wide basis.--The Commission may give
deference to the advice of any such regional advisory body if
the regional advisory board is organized on an interconnection-
wide basis.
``(l) Nonapplication to Alaska and Hawaii.--This section does not
apply to Alaska or Hawaii.''. | Electric Reliability Act of 2004 - Amends the Federal Power Act to extend Federal Energy Regulatory Commission (FERC) jurisdiction over each electric reliability organization (ERO), regional entity, and user, owner, and operator of a bulk-power system for purposes of approving reliability standards and enforcing compliance with this Act.
Prescribes procedural guidelines for: (1) certification as an ERO; (2) filing of reliability standards; and (3) imposition of penalties by either an ERO or FERC for noncompliance with this Act
Requires an ERO to: (1) file with FERC for approval any proposed rule or rule change; and (2) take all appropriate steps to gain recognition in Canada and Mexico.
Requires an ERO to assess periodically the reliability and adequacy of the interconnected bulk-power system in North America.
Directs FERC to establish a regional advisory body on the petition of at least two-thirds of the States within a region that have more than half of their electric loads served within the region
Declares this Act inapplicable to Alaska or Hawaii. | {"src": "billsum_train", "title": "A bill to amend the Federal Power Act to establish reliability standards."} | 2,900 | 243 | 0.583645 | 1.671265 | 0.967553 | 4.068293 | 13.102439 | 0.858537 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Social Investment
and Economic Development for the Americas Act of 2010''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings.
Sec. 4. Statement of policy.
Sec. 5. Establishing a social investment and economic development fund
for the Americas.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives.
(2) The americas.--The term ``Americas'' means all the
countries of North America, Central America, South America, and
the Caribbean.
(3) The region.--The term ``Region'' means all the
countries of Central America, South America, the Caribbean, and
Mexico.
SEC. 3. FINDINGS.
Congress finds that--
(1) it is in the national interest and national security
interest of the United States to help foster greater economic
security and stability in the Americas;
(2) the Americas are a distinct geographical region with
political and cultural identities that are linked in important
ways;
(3) many of the social, economic, and security issues in
the Americas transcend national borders, and addressing these
issues requires a coordinated, long-term approach;
(4) over the last few decades, there has been notable
progress on democracy and economic stability in the Region, and
it is now largely made up of democracies with shared democratic
values;
(5) for progress in the Region to be sustained, governments
will need to continue to develop effective and transparent
civilian institutions, and maintain a system of checks and
balances among those institutions;
(6) the United States is committed to promoting democracy,
human rights, and social and economic development throughout
the Americas, while respecting the heritage, culture, and
sovereignty of all nations;
(7) poverty and inequality remain persistent problems in
the Americas, spawning street crime, criminal cartels, and
undermining the authority of government institutions;
(8) the poverty rate in the Region is nearly 40 percent,
with little significant improvement since the 1980s, and the
countries in the Region, on average, have the most unequal
distribution of wealth in the world;
(9) greater citizen engagement and closer connections
between the institutions of civil society and local and
national governments are critical to political stability and
economic growth in the Americas;
(10) development assistance to promote micro, small, and
medium enterprise growth, improve the investment climate, and
create a competitive workforce in the countries of the Region
can help foster economic security and stability;
(11) an expanding middle class in the Region will result in
increased demand for exports from the United States;
(12) in partnering with the countries of the Region, the
United States can play a positive role in addressing the
challenges of poverty and inequality, and achieving greater
energy security;
(13) an increased United States commitment to economic and
social development in the Region can benefit workers and
businesses in the United States; and
(14) as President Obama said to the leaders of the Region
at the Fifth Summit of the Americas, the United States is
``committed to combating inequality and creating prosperity
from the bottom up . . . This is by no means charity. Together,
we can create a broader foundation for prosperity that builds
new markets and powers new growth for all peoples in the
hemisphere''.
SEC. 4. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to minimize the negative economic impact on the
countries in the Region of the global recession, and to seek a
broad-based regional recovery;
(2) to promote democracy and the rule of law in the Region;
(3) to promote and strengthen human rights in the Region
by--
(A) participating in the Inter-American Commission
on Human Rights and in the Inter-American Court of
Human Rights;
(B) concluding negotiations on the draft Inter-
American Convention against Racism and All Forms of
Discrimination and Intolerance; and
(C) supporting the full rights of indigenous
peoples and Afro-descendents in the Americas, including
the right to participate in the political and economic
life of a nation;
(4) to improve living conditions for all citizens in the
Americas by--
(A) protecting all people in the Americas,
especially women, children, and adolescents, from all
forms of trafficking in persons and sexual and economic
exploitation;
(B) coordinating national strategies within the
Americas to eradicate forced labor before 2010, and the
worst forms of child labor by 2020; and
(C) supporting programs that create opportunities
for work in the formal sector, and programs providing
workers with the technical skills needed to meet the
demands of labor markets;
(5) to improve public health in the countries of the
Americas by--
(A) implementing the World Health Organization's
International Health Regulations to prevent pandemics
and reduce the likelihood of public health emergencies;
and
(B) implementing the Joint United Nations Program
on HIV/AIDS;
(6) to improve public education in the Americas by--
(A) supporting programs which seek to increase
enrollments in secondary and vocational-technical
education;
(B) reaffirming the commitment of the United States
to the 2008 Declaration of Medellin: Youth and
Democratic Values; and
(C) supporting the Inter-American Social Protection
Network;
(7) to improve the capacity of government institutions by--
(A) supporting the Inter-American Network on
Decentralization, Local Government and Citizen
Participation (RIAD);
(B) supporting the Inter-American Convention
against Corruption, adopted at Caracas, Venezuela,
March 29, 1996, in the fight against all forms of
corruption, fraudulent practices and unethical
behaviors.
SEC. 5. ESTABLISHING A SOCIAL INVESTMENT AND ECONOMIC DEVELOPMENT FUND
FOR THE AMERICAS.
(a) Authorization of Assistance.--Part I of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end
the following:
``CHAPTER 13--SOCIAL INVESTMENT AND ECONOMIC DEVELOPMENT FOR THE
AMERICAS
``SEC. 499G. DEFINITIONS.
``In this chapter:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives.
``(2) The americas.--The term `Americas' means all the
countries of North America, Central America, South America, and
the Caribbean.
``(3) The region.--The term `Region' means all the
countries of Central America, South America, the Caribbean, and
Mexico.
``SEC. 499H. AUTHORIZATION OF ASSISTANCE.
``(a) Assistance.--The President, acting through the Administrator
of the United States Agency for International Development, and working
with governments and civil society in the Americas, shall provide
increased and sustained assistance to build civilian institutions that
will help reduce poverty, expand the middle class, and foster increased
economic opportunity by--
``(1) promoting education;
``(2) improving health and disease prevention;
``(3) increasing access to income generating activities;
``(4) reducing crime, particularly violent crime,
including--
``(A) murder;
``(B) kidnapping;
``(C) gang violence, including youth gangs; and
``(D) violence against women;
``(5) generating rural development;
``(6) reducing poverty and inequality in both urban and
rural areas;
``(7) strengthening the rule of law, governance, and
democracy through the establishment of--
``(A) independent judiciaries;
``(B) efficient processes to adjudicate claims; and
``(C) effective law enforcement institutions; and
``(8) eliminating the exclusion of marginalized
populations, including--
``(A) indigenous groups;
``(B) people of African descent;
``(C) women;
``(D) the impoverished; and
``(E) people with disabilities.
``(b) Contribution Requirement.--
``(1) In general.--Except as provided in paragraph (2), in
order to receive assistance from the United States under this
chapter, a recipient country shall contribute at least 10
percent of the total value of the funds the United States
provides for projects in the recipient country.
``(2) Waiver.--
``(A) Authority.--The Secretary of State may waive
paragraph (1) if it is determined that it is important
to the national security interests of the United States
to do so.
``(B) Report.--Whenever the waiver authority under
subparagraph (A) is exercised, the Secretary of State
shall submit a report to the appropriate congressional
committees detailing the justification for the waiver
and the purposes for which the funds will be spent.
``(3) Additional contributions.--The Administrator of the
United States Agency for International Development may require
additional contributions from the recipient country.
``(c) Ineligibility To Receive Assistance.--The President may not
provide assistance under this section to the government of a country
that is ineligible to receive assistance under section 620, this part,
or chapter 4 of part II.
``(d) Additional Terms and Conditions.--The President may impose
additional terms and conditions on countries receiving assistance under
this section.
``(e) Coordination With Other Federal Agencies.--The Administrator
of the United States Agency for International Development shall
coordinate with the heads of other Federal departments and agencies as
necessary to carry out this section.
``SEC. 499I. EVALUATION.
``(a) In General.--The Administrator of the United States Agency
for International Development shall ensure that projects carried out
under this chapter are subject to rigorous, independent impact
evaluations at the initial design stage and the conclusion of the
projects to determine if the projects are helping--
``(1) to reduce poverty in the Americas; and
``(2) to foster social and economic development in the
countries of the Americas.
``(b) Coordinated Evaluations.--If possible, the evaluations shall
be conducted in coordination with evaluations of similar projects that
other donors fund in order to expand the evidence base used for making
decisions.
``(c) Use of Evaluations.--The Administrator of the United States
Agency for International Development shall use information from the
evaluations conducted under subsection (a) to inform future project
decisions.
``SEC. 499J. REPORT.
``Not later than 1 year after the date of the enactment of the
Social Investment and Economic Development for the Americas Act of
2010, and annually thereafter, the President shall submit to Congress a
report on the specific programs, projects, and activities carried out
under this chapter during the preceding year, including an evaluation
of the results of the programs, projects, and activities.
``SEC. 499K. BUDGET.
``The report required under section 499J may be submitted with the
budget justification materials submitted to Congress and the budget
submitted by the President under section 1105(a) of title 31, United
States Code.
``SEC. 499L. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--In addition to amounts otherwise authorized to
be appropriated for assistance to the Region, there are authorized to
be appropriated to carry out this chapter--
``(1) $175,000,000 for fiscal year 2010;
``(2) $225,000,000 for fiscal year 2011;
``(3) $275,000,000 for fiscal year 2012;
``(4) $300,000,000 for fiscal year 2013; and
``(5) $325,000,000 for fiscal year 2014.
``(b) Additional Authorities.--Amounts appropriated pursuant to
subsection (a) shall remain available until expended.
``(c) Funding Limitation.--Not more than 7 percent of the amounts
appropriated pursuant to subsection (a) for a fiscal year may be used
for administrative expenses to carry out programs authorized in
subsection (a).
``(d) Microfinance Growth Fund for the Americas.--
``(1) Purpose.--The purpose of the Microfinance Growth Fund
for the Americas is to provide the countries in the Region
with--
``(A) stable, medium-term and long-term sources of
finance to microfinance institutions; and
``(B) investment vehicles.
``(2) Sense of congress.--It is the sense of Congress that
United States contributions to the Microfinance Growth Fund for
the Americas should be matched on a dollar-for-dollar basis
with contributions from the public, private, or non-profit
sectors.
``(3) Authorization of appropriations.--There is authorized
to be appropriated $50,000,000 in each of the fiscal years 2010
through 2014 for debt and equity financing for the Microfinance
Growth Fund for the Americas.
``(e) Capacity Building Related to Trade Promotion Agreements.--
There is authorized to be appropriated to the United States Agency for
International Development $15,000,000 in each of the fiscal years 2010
through 2014 for labor and environmental capacity building activities
relating to the implementation of trade promotion agreements.
``(f) Eligible Agreements.--The agreements under subsection (e) may
include agreements between the United States and other countries that
are--
``(1) ratified agreements;
``(2) pending agreements; or
``(3) potential agreements.
``(g) Proposed Public-Private Fund for Social and Economic
Development in the Americas.--
``(1) In general.--The Secretary of State, in consultation
with the Secretary of the Treasury and the Administrator of the
United States Agency for International Development, shall
immediately establish and convene an advisory group, consisting
of persons with a relevant professional background in the
Americas from the public, private, and nonprofit sectors, to
consider the feasibility of establishing a new public-private
Fund for Social and Economic Development in the Americas
(referred to in this section as ``the Fund'').
``(2) Sense of congress.--It is the sense of Congress
that--
``(A) the Fund should be governed by a board
composed of members drawn from the public, private, and
nonprofit sectors in the United States and the Region;
``(B) building on initiatives already underway in
the Region, the Fund should make grants for the purpose
of advancing long-term social and economic development
in the Americas;
``(C) governments, development organizations, and
private foundations throughout the world should
contribute to the Fund, and the contribution of the
United States Government to the Fund should be no
greater than \1/3\ of the total annual budget of the
Fund; and
``(D) each country choosing to participate in the
Fund should be required to contribute at least 10
percent of the annual total of grants received by such
country, to ensure the active involvement of the
country in the operation of the Fund and the grant-
making process.
``(3) Report.--
``(A) In general.--Not later than 1 year after the
date of the enactment of this Act, the advisory group
established under paragraph (1) shall submit to the
Secretary of State and the appropriate congressional
committees a report containing conclusions about the
feasibility of a Fund and its recommendations for
organizing, financing, and operating the Fund.
``(B) Contents of the report.--The report submitted
under subparagraph (A) shall include a determination of
the advantages and disadvantages of establishing and
operating the Fund within an existing institution, such
as--
``(i) the Inter-American Foundation;
``(ii) the World Bank; or
``(iii) the Inter-American Development
Bank.
``(4) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be necessary for
fiscal year 2010 for the purpose of carrying out this
subsection.''. | Social Investment and Economic Development for the Americas Act of 2010 - Amends the Foreign Assistance Act of 1961 to direct the President, through the United States Agency for International Development (USAID) and working with governments and civil society in the Americas (the countries of North America, Central America, South America, and the Caribbean), to provide assistance to reduce poverty, expand the middle class, and foster increased economic opportunity.
Directs the Secretary of State to establish an advisory group to consider the feasibility of establishing a public-private Fund for Social and Economic Development in the Americas.
Authorizes appropriations for: (1) assistance to Central America, South America, the Caribbean, and Mexico; (2) debt and equity financing for a Microfinance Growth Fund for the Americas; (3) the Fund for Social and Economic Development in the Americas; and (4) USAID for labor and environmental capacity building activities relating to the implementation of trade promotion agreements. | {"src": "billsum_train", "title": "To authorize the establishment of a Social Investment and Economic Development for the Americas Fund to reduce poverty, expand the middle class, and foster increased economic opportunity in that region, and for other purposes."} | 3,544 | 198 | 0.542668 | 1.626817 | 0.859881 | 5.735135 | 18.313514 | 0.967568 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Life Insurance Improvement
Act of 2003''.
SEC. 2. PAYMENT OF INSURANCE PROCEEDS TO AN ALTERNATE BENEFICIARY WHEN
FIRST BENEFICIARY CANNOT BE IDENTIFIED.
(a) NSLI.--Section 1917 of title 38, United States Code, is amended
by adding at the end the following new subsection:
``(f)(1) Following the death of the insured and in a case not
covered by subsection (d)--
``(A) if the first beneficiary otherwise entitled to
payment of the insurance does not make a claim for such payment
within two years after the death of the insured, payment may be
made to another beneficiary designated by the insured, in the
order of precedence as designated by the insured, as if the
first beneficiary had predeceased the insured; and
``(B) if within four years after the death of the insured,
no claim has been filed by a person designated by the insured
as a beneficiary and the Secretary has not received any notice
in writing that any such claim will be made, payment may
(notwithstanding any other provision of law) be made to such
person as may in the judgment of the Secretary be equitably
entitled thereto.
``(2) Payment of insurance under paragraph (1) shall be a bar to
recovery by any other person.''.
(b) USGLI.--Section 1952 of such title is amended by adding at the
end the following new subsection:
``(c)(1) Following the death of the insured and in a case not
covered by section 1950 of this title--
``(A) if the first beneficiary otherwise entitled to
payment of the insurance does not make a claim for such payment
within two years after the death of the insured, payment may be
made to another beneficiary designated by the insured, in the
order of precedence as designated by the insured, as if the
first beneficiary had predeceased the insured; and
``(B) if within four years after the death of the insured,
no claim has been filed by a person designated by the insured
as a beneficiary and the Secretary has not received any notice
in writing that any such claim will be made, payment may
(notwithstanding any other provision of law) be made to such
person as may in the judgment of the Secretary be equitably
entitled thereto.
``(2) Payment of insurance under paragraph (1) shall be a bar to
recovery by any other person.''.
(c) Transition Provision.--In the case of a person insured under
subchapter I or II of chapter 19 of title 38, United States Code, who
dies before the date of the enactment of this Act, the two-year and
four-year periods specified in subsection (f)(1) of section 1917 of
title 38, United States Code, as added by subsection (a), and
subsection (c)(1) of section 1952 of such title, as added by subsection
(b), as applicable, shall for purposes of the applicable subsection be
treated as being the two-year and four-year periods, respectively,
beginning on the date of the enactment of this Act.
SEC. 3. REDUCTION IN SERVICE-DISABLED VETERANS INSURANCE PREMIUMS.
Section 1922(a) of title 38, United States Code, is amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by striking the fourth sentence and all that follows
and inserting the following:
``(2) Insurance granted under this section shall be issued upon the
same terms and conditions as are contained in the standard policies of
National Service Life Insurance, except that--
``(A) the premium rates for such insurance--
``(i) for premiums for months beginning before the
date of the enactment of the Veterans Life Insurance
Improvement Act of 2003 shall be based on the
Commissioners 1941 Standard Ordinary Table of Mortality
and interest at the rate of 2\1/4\ percent per year;
and
``(ii) for premiums for months beginning on or
after that date shall be based upon the 1980
Commissioners Standard Ordinary Basic Table of
Mortality and interest at the rate of 5 percent per
year;
``(B) all cash, loan, paid-up, and extended values--
``(i) for a policy issued under this section before
the date of the enactment of the Veterans Life
Insurance Improvement Act of 2003 shall be based upon
the Commissioners 1941 Standard Ordinary Table of
Mortality and interest at the rate of 2\1/4\ percent
per year; and
``(ii) for a policy issued under this section on or
after that date shall be based upon the 1980
Commissioners Standard Ordinary Basic Table of
Mortality and interest at the rate of 5 percent per
year;
``(C) all settlements on policies involving annuities shall
be calculated on the basis of The Annuity Table for 1949, and
interest at the rate of 2\1/4\ percent per year;
``(D) insurance granted under this section shall be on a
nonparticipating basis;
``(E) all premiums and other collections for insurance
under this section shall be credited directly to a revolving
fund in the Treasury of the United States; and
``(F) any payments on such insurance shall be made directly
from such fund.
``(3) Appropriations to the fund referred to in subparagraphs (E)
and (F) of paragraph (2) are hereby authorized.
``(4) As to insurance issued under this section, waiver of premiums
pursuant to section 602(n) of the National Service Life Insurance Act
of 1940 and section 1912 of this title shall not be denied on the
ground that the service-connected disability became total before the
effective date of such insurance.''.
SEC. 4. INCREASE OF VETERANS' MORTGAGE LIFE INSURANCE COVERAGE TO
$200,000.
(a) Increase.--Section 2106(b) of title 38, United States Code, is
amended by striking ``$90,000'' and inserting ``$200,000''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to insurance payable under section 2106 of title 38,
United States Code, in the case of a veteran insured under that section
who dies on or after the date of the enactment of this Act. | Veterans Life Insurance Improvement Act of 2003 - Amends Federal provisions concerning the National Service Life Insurance and United States Government Life Insurance programs to allow payment of their insurance proceeds to: (1) another beneficiary if the first designated beneficiary has not made a claim to such payment within two years after the death of the insured; and (2) a person designated by the Secretary of Veterans Affairs if no claim has been filed by any designated beneficiary within four years after the insured's death.Requires service-disabled life insurance premium rates, as well as all policy cash, loan, paid-up, and extended values, for months beginning on or after the date of enactment of this Act to be based on the 1980 Commissioners Standard Ordinary Basic Table of Mortality, with five percent annual interest. Increases from $90,000 to $200,000 the maximum amount of veterans' mortgage life insurance coverage. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to make certain improvements to the National Service Life Insurance and United States Government Life Insurance programs, and for other purposes."} | 1,428 | 191 | 0.534783 | 1.561822 | 0.745172 | 3.576471 | 7.705882 | 0.894118 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Services Improvement Act of
1996''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) historically, Federal programs have addressed the
Nation's problems by providing categorical financial assistance
with detailed requirements relating to the use of funds;
(2) while the assistance described in paragraph (1) has
been directed at critical problems, some program requirements
may inadvertently impede the effective delivery of services,
and the Federal government should exercise leadership in
eliminating these impediments;
(3) the Nation's state, local, and tribal governments and
private, nonprofit organizations are dealing with increasingly
complex problems that require the coordinated delivery of many
kinds of services;
(4) the Nation's communities are diverse, and different
needs are present in different communities; and
(5) it is more important than ever for the Federal
Government to--
(A) review, coordinate, and rationalize rules,
regulations and policies governing the range of Federal
financial assistance programs;
(B) reduce the barriers between programs that
impede state, local, and tribal governments' ability to
deliver services in a coordinated and effective manner;
and
(C) promote more effective and efficient local
delivery of services.
SEC. 3. PURPOSES.
The purposes of this Act are to--
(1) remove Federal impediments to coordination of service
delivery;
(2) enable more efficient use of Federal, State, and local
resources through program coordination and reduction of
regulation;
(3) facilitate cooperation among and coordination of
programs operated by state, local, and tribal governments and
private, nonprofit organizations; and
(4) place less emphasis in Federal service programs on
measuring resources and procedures and more emphasis on
accountability for achieving policy goals.
SEC. 4. DEFINITIONS.
For purposes of this Act--
(1) the term ``eligible Federal financial assistance
program''--
(A) means a Federal program under which financial
assistance is available, directly or indirectly, to a
State, local, or tribal government or a qualified
organization to carry out a specified program;
(B) does not include a Federal program under which
financial assistance is provided by the Federal
Government directly to a beneficiary of that financial
assistance, or to a State to provide financial or food
voucher assistance directly to a beneficiary (but may
include administrative costs for such a program if
administrative funding levels are set separately from
benefit funding by law or regulation);
(C) includes the services portion of a program that
provides both direct cash payments and services; and
(D) does not include a direct spending program (as
defined under the Budget Enforcement Act of 1990 (2
U.S.C. 900(c)(8)).
(2) the term ``eligible State, local, or tribal
government'' means a State, local, or tribal government that is
eligible to receive financial assistance under one or more
eligible Federal financial assistance programs;
(3) the term ``local government'' means--
(A) a subdivision of a State that is a unit of
general local government (as defined under section 6501
of title 31, United States Code);
(B) any combination of political subdivisions
described in subparagraph (A) recognized by the
Council; and
(C) local education agencies (as defined under
section 8801(18) of title 20, United States Code);
(4) the term ``qualified organization'' means a private,
nonprofit organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 that is exempt from taxation
under section 501(a) of the Internal Revenue Code of 1986;
(5) the term ``State'' means each of the 50 States, the
District of Columbia, Puerto Rico, American Samoa, Guam, and
the Virgin Islands;
(6) the term ``qualified consortium'' means a group that--
(A) is composed of any combination of qualified
organizations, State agencies, or local agencies that
receive federally appropriated funds, and
(B) includes representatives from not less than
three organizations providing services in not less than
three of the following areas:
(i) Education.
(ii) Head Start.
(iii) Child care.
(iv) Family support and preservation.
(v) Maternal and child health.
(vi) Job training.
(vii) Housing.
(viii) Nutrition.
(ix) Juvenile justice.
(x) Drug abuse prevention and treatment;
and
(7) the term ``tribal government'' means the governing
entity of an Indian tribe as defined in the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a), and
any amendments to such Act.
SEC. 5. ESTABLISHMENT OF FEDERAL COORDINATION COUNCIL.
(a) The President shall designate a Federal Coordination Council,
in this Act referred to as ``Council'', composed of the following:
(1) The Secretary of the Treasury.
(2) The Attorney General.
(3) The Secretary of the Interior.
(4) The Secretary of Agriculture.
(5) The Secretary of Commerce.
(6) The Secretary of Labor.
(7) The Secretary of Health and Human Services.
(8) The Secretary of Housing and Urban Development.
(9) The Secretary of Transportation.
(10) The Secretary of Education.
(11) The Secretary of Energy.
(12) The Secretary of Veterans Affairs.
(13) The Secretary of Defense.
(14) The Director of the Federal Emergency Management
Agency.
(15) The Administrator of the Environmental Protection
Agency.
(16) The Director of National Drug Control Policy.
(17) The Administrator of the Small Business
Administration.
(18) The Director of the Office of Management and Budget.
(19) The Administrator of the General Services
Administration.
(20) The Chair, Council of Economic Advisers.
(21) The Assistant to the President for Domestic Policy.
(22) The Assistant to the President for Economic Policy.
(23) Any additional members appointed at the discretion of
the President.
(b) The President shall designate the Chair of the Council from
among the members of the Council.
(c) The Council shall perform the following functions:
(1) Review regulations governing eligible Federal financial
assistance programs in the areas listed in section 4(1)(A) and
identify more efficient operation and coordination of such
programs.
(2) Coordinate and assist Federal agencies in eliminating,
revising, and coordinating regulations, including regulations
with respect to the blending of funds.
(3) Coordinate and assist Federal agencies in creating an
application to be used to apply for assistance from eligible
Federal financial assistance programs in the areas listed in
section 4(1)(A).
(4) Coordinate and assist Federal agencies in creating a
release form to be used by a client to authorize or prohibit
service providers, including schools, from sharing information
across eligible Federal financial assistance programs.
(5) Coordinate and assist agencies in creating a system
wherein an organization or consortium of organizations may use
one proposal to apply for funding from multiple eligible
Federal financial assistance programs.
(6) Evaluate current performance standards and evaluation
criteria for eligible Federal financial assistance programs,
and make specific recommendations to Federal agencies regarding
how to revise such standards and criteria in order to establish
specific and measurable performance and outcome measures by
which program success may be judged and future funding
decisions made.
(7) Ensure that Federal grants program criteria award
priority funding to qualified consortia.
(8) Establish interagency teams comprised of staff from the
agencies that administer the covered federal financial
assistance programs to provide training and technical
assistance to assist program coordination.
(9) Establish interagency teams to provide outcome-based,
cross-program evaluation of coordinated programs.
(10) Identify not less than ten qualified consortia to
participate in a demonstration program to determine the
benefits of the following accountability procedures:
(A) The qualified consortium shall select program
goals from a set of specific and measurable goals
identified by the State in which the members of the
consortium are located.
(B) The qualified consortium shall develop a
flexibility and coordination plan to describe--
(i) how the consortium will attain these
goals;
(ii) how performance will be measured; and
(iii) how the consortium will identify
subgroups within the community, and collect and
maintain data to measure the impact of the plan
on individuals, the subgroups, and the
community.
SEC. 6. INCENTIVES TO FORM CONSORTIA.
(a) Notwithstanding any other provision of law, members of a
qualified consortium shall be exempted, without any waiver application
or approval, but subject to prior notification to the agency
administering the affected Federal assistance programs, from meeting
requirements or providing services which are met or performed by
another member of the consortium, so long as the standards of the
requirement or service are met by that other member of the consortium.
(b) Any funds which each individual program saves from the program
coordination described in subsection (a) may be retained by the
consortium in a flexible account. Flexible account funds may be used to
expand, improve, or otherwise augment services provided by the
consortium, consistent with the intent of Federal programs managed by
consortium members, including data systems development and joint
professional development with staff from other consortium members.
(c) Any agency or organization that is a member of a consortium may
at its discretion set aside a maximum of 10 percent of its Federal
funds in the flexible account described in subsection (b).
(d) The flexible account described in subsection (b) shall be
administered in accordance with a memorandum of understanding agreed to
by each member of the consortium.
(e) The Federal agencies with jurisdiction over Federal financial
assistance programs included in a consortium may designate a cognizant
agency to audit flexible fund expenditures. | Family Services Improvement Act of 1996 - Directs the President to designate a Federal Coordination Council composed of various specified cabinet secretaries and other Federal agency heads to perform a variety of specified functions for the stated purposes of: (1) removing Federal impediments to coordination of service delivery; (2) enabling more efficient use of Federal, State, and local resources through program coordination and reduction of regulation; (3) facilitating cooperation among and coordination of programs operated by State, local, and tribal governments and private, nonprofit organizations; (4) identifying at least ten qualified consortia of such organizations and State or local agencies that receive federally appropriated funds, together with representatives of specified services, to participate in a demonstration program to determine the benefits of specified accountability procedures; and (5) placing less emphasis in Federal service programs on measuring resources and procedures and more emphasis on accountability for achieving policy goals. | {"src": "billsum_train", "title": "Family Services Improvement Act of 1996"} | 2,043 | 186 | 0.587544 | 1.714123 | 0.889258 | 4.552326 | 12.104651 | 0.912791 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children of Military Service Members
Commemorative Lapel Pin Act''.
SEC. 2. DEPARTMENT OF DEFENSE RECOGNITION OF DEPENDENT CHILDREN OF
MEMBERS OF THE ARMED FORCES.
(a) Establishment and Presentation of Lapel Button.--Chapter 57 of
title 10, United States Code, is amended by inserting after section
1126 the following new section:
``Sec. 1126a. Children of military service members commemorative lapel
button: eligibility and presentation
``(a) Design and Eligibility.--A lapel button, to be known as the
children of military service members commemorative lapel button, shall
be designed, as approved by the Secretary of Defense, to identify and
recognize an eligible child dependent of a member of the armed forces
who serves on active duty for a period of more than 30 days.
``(b) Application and Presentation.--The Secretary of Defense shall
establish an application process by which a member referred to in
subsection (a) can request a children of military service members
commemorative lapel button for the member's eligible child dependents.
Upon processing of the application and payment of the fee required by
subsection (c), the Secretary concerned shall present a children of
military service members commemorative lapel button to eligible child
dependents of a member.
``(c) Cost.--Presentation of a children of military service members
commemorative lapel button is conditioned upon the payment of an amount
sufficient to cover the cost of manufacture and distribution of the
lapel button.
``(d) Limitation on Number of Buttons.--(1) Not more than one
children of military service members commemorative lapel button may be
presented to an eligible child dependent of a member, regardless of the
number of times the member serves on active duty.
``(2) Notwithstanding paragraph (1), if a person is an eligible
child dependent of more than one member, the eligible child dependent
may receive a children of military service members commemorative lapel
button on behalf of each member of whom the person is a dependent.
``(3) Notwithstanding paragraph (1), if a children of military
service members commemorative lapel button presented under this section
has been lost, destroyed, or rendered unfit for use without fault or
neglect on the part of the eligible child dependent to whom it was
furnished, the Secretary concerned may replace the lapel button upon
application and payment of an amount sufficient to cover the cost of
manufacture and presentation.
``(e) Eligible Child Dependent Defined.--The term `eligible child
dependent' means a dependent of a member of the armed forces described
in subparagraph (D) or (I) of section 1072(2) of this title.
``(f) Regulations.--The Secretary of Defense shall issue such
regulations as may be necessary to carry out this section. The
Secretary shall ensure that the regulations are uniform for each armed
force to the extent practicable.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1126 the following new item:
``1126a. Children of military service members commemorative lapel
button: eligibility and presentation.''.
(c) Sense of Congress on Expedited Implementation.--It is the sense
of Congress that the Secretary of Defense should take appropriate
actions to expedite--
(1) the design and manufacture of the children of military
service members commemorative lapel button authorized by
section 1126a of title 10, United States Code, as added by
subsection (a); and
(2) the establishment and implementation of mechanisms to
facilitate the issuance of the children of military service
members commemorative lapel button.
(d) Retroactive Availability of Children of Military Service
Members Commemorative Lapel Button.--
(1) Availability.--The Secretary of Defense shall make the
children of military service members commemorative lapel button
authorized by section 1126a of title 10, United States Code, as
added by subsection (a), available to any person who can prove
to the satisfaction of the Secretary that the person satisfied,
at any time before the date of the enactment of this Act, the
definition contained in subsection (e) of such section 1126a of
eligible child dependent of a member of the Armed Forces who
served on active duty for a period of more than 30 days.
(2) Application process.--The Secretary of Defense shall
provide a mechanism by which a person eligible under paragraph
(1), or a person acting on behalf of the person, may apply to
the Secretary of Defense for a children of military service
members commemorative lapel button.
(3) Notification of certain members.--The Secretary of
Defense shall notify members of the Armed Forces who served on
active duty for a period of more than 30 days since September
11, 2001, of the availability of the children of military
service members commemorative lapel button under this
subsection. To the extent practicable, such notice shall be
provided not later than 60 days after the date of the enactment
of this Act.
(4) Deadline for application.--Applications for a children
of military service members commemorative lapel button under
this subsection must be submitted to the Secretary of Defense
not later than one year after the date on which the Secretary
first announces, in the Federal Register and by such other
means as the Secretary considers appropriate, the availability
of the lapel button.
(5) Costs, limitations, and exceptions.--Subsections (c)
and (d) of section 1126a of title 10, United States Code, shall
apply with respect to the presentation of a children of
military service members commemorative lapel button under this
subsection. | Children of Military Service Members Commemorative Lapel Pin Act - Requires a lapel button, to be known as the children of military service members commemorative lapel button, to be designed, as approved by the Secretary of Defense (DOD), to identify and recognize child dependents of members of the Armed Forces who serve on active duty for more than 30 days. Expresses the sense of Congress that the Secretary should expedite the design and manufacture of the button, as well as mechanisms to facilitate its issuance.
Makes such button available retroactively to the child of any member satisfying such eligibility conditions before the enactment of this Act.
Requires the Secretary to notify members with qualifying service since September 11, 2001, of the availability of the button. | {"src": "billsum_train", "title": "To amend title 10, United States Code, to recognize the dependent children of members of the Armed Forces who are serving on active duty or who have served on active duty through the presentation of an official lapel button."} | 1,266 | 166 | 0.679767 | 1.894721 | 0.738885 | 4.285714 | 8.164286 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Little Shell Tribe of Chippewa
Indians Restoration Act of 2006''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) Tribe.--The term ``Tribe'' means the Little Shell Tribe
of Chippewa Indians of Montana.
(2) Member.--The term ``member'' means an individual who is
enrolled in the Tribe pursuant to section 7.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. FINDINGS.
Congress finds the following:
(1) The Little Shell Tribe of Chippewa Indians is one of
the political successors to signatories to the Pembina Treaty
of 1863, by which a large area of land in what is now North
Dakota was ceded to the United States.
(2) The Turtle Mountain Band of Chippewa of North Dakota,
and the Chippewa-Cree Tribe of the Rocky Boy's Reservation of
Montana, which also are political successors to the signatories
to the Pembina Treaty of 1863, already have been recognized by
the Federal Government as distinct Indian tribes.
(3) The members of the Little Shell Tribe of Chippewa
continue to live in Montana as their ancestors have done for
more than a century since their ancestors ceded their lands in
North Dakota.
(4) The Little Shell Tribe repeatedly petitioned the
Federal Government for reorganization in the 1930s and 1940s
under the Act of June 18, 1934 (25 U.S.C. 461 et seq.; commonly
referred to as the ``Indian Reorganization Act''). Federal
agents who visited the Little Shell Tribe and Commissioner of
Indian Affairs John Collier attested to the Federal
Government's responsibility toward the Little Shell Indians.
These officials concluded that Little Shell tribal members were
eligible for and should be provided with trust land, thereby
making the Tribe eligible for reorganization under the Indian
Reorganization Act. Due to a lack of Federal appropriations
during the Depression, however, the Bureau lacked adequate
financial resources to purchase land for the Tribe, and the
Little Shell people were thereby denied the opportunity to
reorganize.
(5) In spite of the Federal Government's failure to
appropriate adequate funding to secure land for the Tribe as
required for reorganization under the Indian Reorganization
Act, the Tribe continued to exist as a separate community with
leaders exhibiting clear political authority. The Tribe,
together with the Turtle Mountain Band of Chippewa of North
Dakota, and the Chippewa-Cree Tribe of the Rocky Boy's
Reservation of Montana, filed two suits under the Indian Claims
Commission Act of 1946 to petition for additional compensation
for lands ceded to the United States by the 1863 Treaty and
1892 McCumber Agreement. These tribes received Indian Claims
Commission awards, which were distributed under 1971 and 1982
Acts of Congress.
(6) The Tribe petitioned the Bureau of Indian Affairs for
recognition through the Bureau's Federal Acknowledgement
Process in 1978. Nearly 30 years later, the Tribe's petition is
still pending.
(7) The United States Government, the State of Montana, and
the other federally recognized Indian Tribes of Montana have
had continuous dealings with the recognized political leaders
of the Little Shell Tribe from the 1930s through the present.
SEC. 4. FEDERAL RECOGNITION.
Federal recognition of the Little Shell Tribe of Chippewa Indians
of Montana is hereby extended. All laws and regulations of the United
States of general application to Indians or nations, tribes, or bands
of Indians, including the Act of June 18, 1934 (25 U.S.C. 461 et seq.)
that are not inconsistent with any specific provision of this Act,
shall be applicable to the Tribe and its members.
SEC. 5. FEDERAL SERVICES AND BENEFITS.
(a) In General.--The Tribe and its members shall be eligible, on
and after the date of the enactment of this Act, for all services and
benefits furnished to Federally recognized Indian tribes without regard
to the existence of a reservation for the Tribe or the location of the
residence of any member on or near any Indian Reservation.
(b) Service Area.--For purposes of the delivery of Federal services
to enrolled members of the Tribe, the service area of the Tribe shall
be deemed to be the area comprised of Blaine, Cascade, Glacier and Hill
Counties in Montana.
SEC. 6. REAFFIRMATION OF RIGHTS.
Nothing in this Act shall be construed to diminish any right or
privilege of the Tribe, or the members thereof, that existed prior to
the date of enactment of this Act. Except as otherwise specifically
provided in any other provision of this Act, nothing in this Act shall
be construed as altering or affecting any legal or equitable claim the
Tribe might have to enforce any right or privilege reserved by or
granted to the Tribe which was wrongfully denied to or taken from the
Tribe prior to the enactment of this Act.
SEC. 7. MEMBERSHIP.
Not later than 18 months after the date of the enactment of this
Act, the Tribe shall submit to the Secretary a membership roll
consisting of all individuals enrolled as members of the Tribe. The
qualification for inclusion on the membership roll of the Tribe shall
be determined in accordance with Article 5, Sections 1-3, of the
Tribe's September 10, 1977, Constitution. The Tribe shall ensure that
such membership roll is maintained and kept current.
SEC. 8. TRANSFER OF LAND FOR THE BENEFIT OF THE TRIBE.
(a) Homeland.--The Secretary shall acquire trust title to 200 acres
of land within the Tribe's service area for the benefit of the Tribe
for a tribal land base.
(b) Additional Lands.--The Secretary may acquire additional lands
for the Tribe pursuant to the authorities granted in section 5 of the
Indian Reorganization Act (25 U.S.C. 465). | Little Shell Tribe of Chippewa Indians Restoration Act of 2006 - Extends federal recognition to the Little Shell Tribe of Chippewa Indians of Montana. Makes the Tribe and its members eligible for all services and benefits furnished to federally recognized Indian tribes without regard to the existence of a tribal reservation or the location of the residence of any member on or near any Indian Reservation.
Directs the Tribe to submit to the Secretary of the Interior a membership roll consisting of all individuals enrolled as members of the Tribe.
Directs the Secretary to acquire trust title to 200 acres of land within the Tribe's service area for the benefit of the Tribe for a tribal land base. | {"src": "billsum_train", "title": "To extend the Federal relationship to the Little Shell Tribe of Chippewa Indians of Montana as a distinct federally recognized Indian tribe, and for other purposes."} | 1,378 | 154 | 0.567631 | 1.606591 | 0.677335 | 6.664 | 9.44 | 0.968 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``BPA-Free Kids Act of 2009''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Bisphenol a.--The term ``bisphenol A'' means the
chemical compound phenol, 4,4-(1-methylethylidine)bis, propane
(CAS No. 80-05-7).
(2) Children's food or beverage container.--
(A) In general.--The term ``children's food or
beverage container'' means any bottle (including a baby
bottle), cup, bowl, plate, straw, utensil, or other
container, except a metal can, that is designed or
intended to be filled with any liquid, food, or
beverage primarily for consumption from that container
by children 3 years of age or younger and is sold or
distributed at retail without containing any liquid,
food, or beverage.
(B) Determination of intention for use by
children.--In determining under subparagraph (A)
whether a product is designed or intended for use by
children 3 years of age or younger, the following
factors shall be considered:
(i) A statement by a manufacturer about the
intended use of the product, including a label
on the product, if such statement is
reasonable.
(ii) Whether the product is represented in
its packaging, display, promotion, or
advertising as appropriate for children 3 years
of age or younger.
(iii) Whether the product is commonly
recognized by consumers as being intended for
use by children 3 years of age or younger.
(iv) The Age Determination Guidelines
issued by the Commission in September 2002 and
any successor to such guidelines.
(3) Commission.--The term ``Commission'' means the Consumer
Product Safety Commission.
(4) Metal can.--The term ``metal can'' means a single-
walled container that is manufactured from metal substrate
designed to hold or pack food or beverages and sealed by can
ends manufactured from metal substrate.
(5) Plastic resin.--The term ``plastic resin'' means a
polymer, usually in the form of pellets or beads, that is not
yet molded, extruded, or cast into its final shape.
(6) Sold or distributed at retail.--The term ``sold or
distributed at retail'' means sold or distributed to a
consumer, but does not include selling activity that is
intermittent.
(7) Supplier.--The term ``supplier'' means any person who
supplies plastic resin to a manufacturer of children's food or
beverage containers and may include a manufacturer of plastic
resins.
SEC. 3. BAN ON CERTAIN PRODUCTS MADE WITH BISPHENOL A.
(a) Treatment as Banned Hazardous Substance.--Any children's food
or beverage container that is composed in whole or in part of bisphenol
A shall be treated as a banned hazardous substance under the Federal
Hazardous Substances Act (15 U.S.C. 1261 et seq.).
(b) Treatment as a Regulation Under the Federal Hazardous
Substances Act.--The ban imposed under subsection (a) and the
requirements prescribed under section 4(a)(1) shall be treated as
regulations of the Commission promulgated under or for the enforcement
of section 2(q) of the Federal Hazardous Substances Act (15 U.S.C.
1261(q)), notwithstanding the exception for foods subject to the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) set forth
in section 2(f)(2) of the Federal Hazardous Substances Act (15 U.S.C.
1261(f)(2)).
(c) Clarification of Agency Jurisdiction.--The Consumer Product
Safety Commission shall have jurisdiction over and authority to enforce
the provisions of this Act notwithstanding--
(1) the exclusion of food from the definition of ``consumer
product'' in section 3(a)(5)(I) of the Consumer Product Safety
Act (15 U.S.C. 2052(a)(5)(I));
(2) section 2(f)(2) of the Federal Hazardous Substances Act
(15 U.S.C. 1261(f)(2));
(3) sections 201(s) and 409 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321(s) and 348) (regarding the Food and
Drug Administration's authority to regulate food contact
surfaces as a food additive);
(4) sections 402 and 403 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 342 and 343) (prohibiting the
introduction into interstate commerce of articles of food that
are adulterated or misbranded); and
(5) the Memorandum of Understanding between the U.S.
Consumer Product Safety Commission and the U.S. Food and Drug
Administration (MOU number 225-76-2003, signed July 1976), or
any successor Memorandum (delineating the areas of jurisdiction
for administration of the Consumer Product Safety Act and the
Federal Food, Drug, and Cosmetic Act with respect to food, food
containers, and food-related articles and equipment).
SEC. 4. CERTIFICATION AND TESTING REQUIREMENTS.
(a) Testing Requirements for Plastic Resins.--
(1) In general.--Not later than 150 days after the date of
the enactment of this Act, the Commission shall prescribe
requirements for the testing of plastic resins by suppliers of
plastic resin and by manufacturers of children's food or
beverage containers to ensure that the plastic resins that are
to be sold, distributed for use, or used in the manufacture of
children's food or beverage containers do not contain bisphenol
A.
(2) Requirements.--The testing requirements prescribed
under paragraph (1) shall include the following:
(A) A schedule for periodic and random testing of
plastic resins, including consideration of whether it
is reasonable to phase out testing requirements after a
period of years.
(B) Methodologies for--
(i) testing plastic resins; and
(ii) determining appropriate sample sizes
for testing plastic resins.
(C) Standards for record keeping and submittal of
test data and results to the Commission.
(D) Requirements for public access to test data and
test results.
(E) Such other requirements as the Commission
considers appropriate for testing plastic resins.
(b) Certification Requirements for Suppliers of Certain Plastic
Resins.--Not later than 30 days after the date the Commission
prescribes the testing requirements under subsection (a)(1), if a
supplier of plastic resins provides plastic resin to a manufacturer
that the supplier has reason to believe will use such plastic resin in
the manufacture of children's food or beverage containers, the supplier
shall provide the manufacturer a certification that--
(1) the plastic resin has been tested in accordance with
the requirements prescribed under subsection (a)(1); and
(2) the plastic resin does not contain bisphenol A.
(c) Testing Requirements for Manufacturers of Children's Food or
Beverage Containers.--Not later than 30 days after the date the
Commission prescribes requirements under subsection (a)(1), each
manufacturer of children's food or beverage containers shall implement
a testing program that meets the requirements prescribed under
subsection (a)(1) to ensure that the plastic resins used by such
manufacturer do not contain bisphenol A.
(d) Exclusion From Product Certification and Labeling Requirements
of Consumer Product Safety Act.--Section 14 of the Consumer Product
Safety Act (15 U.S.C. 2063) shall not apply with respect to the
presence of bisphenol A in children's food or beverage containers.
SEC. 5. LABELING AND ADVERTISING REQUIREMENTS.
(a) Labeling.--Not later than 180 days after the date of the
enactment of this Act, each children's food or beverage container shall
bear or contain the compliance statement described in subsection (b),
on or attached to its packaging or the container itself, when sold or
distributed at retail, if--
(1) such children's food or beverage container is composed
in whole or in part of plastic resin;
(2) such plastic resin was certified under subsection (b)
of section 4;
(3) such plastic resin was tested under subsection (c) of
such section; and
(4) such children's food or beverage container is not
composed in whole or in part of bisphenol A.
(b) Compliance Statement.--The compliance statement described in
this subsection is the following: ``BPA-Free Product''.
(c) Advertising.--Not later than the date that is 180 days after
the date of the enactment of this Act, any advertisement by a retailer,
manufacturer, importer, distributor, or private labeler (including
advertisements on Internet websites or in catalogues or other printed
materials) that provides a direct means for the purchase or order of a
children's food or beverage container that bears or contains, pursuant
to subsection (a), the compliance statement described in subsection (b)
shall--
(1) display the compliance statement described in
subsection (b); or
(2) be accompanied by such compliance statement immediately
adjacent to the advertisement.
SEC. 6. ENFORCEMENT.
(a) Audits of Suppliers and Manufacturers.--The Commission shall
carry out random audits of the test data submitted to the Commission by
suppliers of plastic resins used in the manufacture of children's food
or beverage containers and by manufacturers of children's food or
beverage containers to ensure that such suppliers and manufacturers are
complying with the requirements of subsections (b) and (c) of section
4, respectively.
(b) Commission Testing of Children's Food and Beverage
Containers.--The Commission shall carry out a program of random testing
of children's food and beverage containers to ensure that children's
food and beverage containers that are treated as banned hazardous
substances under section 3(a) are not introduced into commerce.
(c) Regulations.--Not later than 150 days after the date of the
enactment of this Act, the Commission shall prescribe regulations to
carry out the provisions of subsections (a) and (b).
(d) Penalties.--Any failure of a person subject to a requirement of
section 3, 4, or 5 to comply with such requirement shall be treated as
a violation of section 4 of the Federal Hazardous Substances Act (15
U.S.C. 1263) and subject to the penalties set forth in section 5 of
such Act (15 U.S.C. 1264).
(e) Reports.--Not later than one year after the date of the
enactment of this Act and annually thereafter, the Commission shall
submit to Congress a report on the actions taken by the Commission to
enforce the provisions of this Act, including summaries of the
following:
(1) The audits carried out under subsection (a).
(2) The results of the testing program carried out under
subsection (b).
(3) The criminal and civil penalties imposed under
subsection (d).
SEC. 7. EFFECT ON FEDERAL AND STATE LAW.
(a) In General.--Nothing in this Act or section 18(b)(1)(B) of the
Federal Hazardous Substances Act (15 U.S.C. 1261 note) shall affect the
authority of any State or political subdivision of a State to establish
or continue in effect a provision of the law of a State or political
subdivision of a State relating to regulation of products containing
bisphenol A, except to the extent that compliance with both State and
Federal law is impossible. Nothing in this section shall be construed
to modify or affect any enforcement action or liability of any person
under the law of any State.
(b) Preservation of Certain State Law.--Nothing in this Act shall
be construed to preempt or otherwise affect any warning requirement
relating to consumer products or substances that is established
pursuant to State law that was in effect on August 31, 2003.
SEC. 8. RESEARCH ON HEALTH EFFECTS OF EXPOSURE TO BISPHENOL A.
(a) Research Plan Required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Health and Human
Services shall, acting through the Director of the National Institute
of Environmental Health Sciences, submit to Congress a plan for a five-
year research initiative to increase understanding on the health
effects of exposure to bisphenol A in all age groups and in pregnant
women.
(b) Research Required.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Health and Human Services
shall, acting through the Director of the National Institute of
Environmental Health Sciences, commence the research initiative set
forth in the plan required by subsection (a).
(c) Manner of Research.--The research initiative required by
subsection (b) may be conducted through intramural research, contracts,
grants, and cooperative agreements.
(d) Reports to Congress.--
(1) Interim report.--Not later than 2 years after the date
of the enactment of this Act, the Secretary of Health and Human
Services shall, acting through the Director of the National
Institute of Environmental Health Sciences, submit to Congress
an interim report on the current status of the research carried
out under subsection (b), including a description of the
results of such research.
(2) Final report.--Not later than 6 years after the date of
the enactment of this Act, the Secretary of Health and Human
Services shall, acting through the Director of the National
Institute of Environmental Health Sciences, submit to Congress
a final report on the results of this initiative and the
current state of science with respect to bisphenol A.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Health and Human Services to carry out
this section $5,000,000 for each of fiscal years 2010 through 2014.
SEC. 9. EFFECTIVE DATE.
This Act shall take effect on the date of the enactment of this Act
and apply with respect to children's food or beverage containers
manufactured on or after the date that is 180 days after such date of
enactment. | BPA-Free Kids Act of 2009 - Defines "children's food or beverage container" as any container, except a metal can, that is: (1) designed or intended to be filled with any liquid, food, or beverage primarily for consumption from that container by children three years old or younger; and (2) sold or distributed at retail without containing any liquid, food, or beverage.
Requires that any children's food or beverage container that is composed in whole or in part of bisphenol A (BPA) be treated as a banned hazardous substance under the Federal Hazardous Substances Act.
Grants the Consumer Product Safety Commission (CPSC) jurisdiction over, and authority to enforce, the provisions of this Act, notwithstanding: (1) specified provisions of various Acts; and (2) a specified memorandum of understanding between the CPSC and the Food and Drug Administration (FDA).
Requires suppliers and manufacturers to test for BPA plastic resins used in the manufacture and distribution of children's food and beverage containers to ensure that the plastic resins in children's food and beverage containers do not contain BPA. Requires suppliers to certify to manufacturers that plastic resins do not contain BPA.
Imposes labeling and advertising requirements.
Allows nonconflicting state and subdivision laws.
Requires research to increase understanding of the health effects of BPA exposure in all age groups and in pregnant women. | {"src": "billsum_train", "title": "To prohibit the manufacture, sale, or distribution in commerce of children's food and beverage containers composed of bisphenol A, and for other purposes."} | 3,097 | 309 | 0.618668 | 1.766918 | 0.7783 | 4.303371 | 10.310861 | 0.917603 |
SECTION 1. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) there has been substantial work done to identify
infants and children--
(A) who are born to young single mothers, substance
abusing women, homeless women, women who are
economically and educationally disadvantaged, and women
in unstable domestic situations; and
(B) born, in many instances, to women who are
involved, or at risk of becoming involved, with the
foster care or child justice system;
(2) numerous nonresidential programs have been established
to improve infant and child outcomes for children born to poor,
young, and generally single mothers, and many of these programs
have been successful; and
(3) residential programs have been demonstrated to be very
effective for, and are critically important to, special
populations of high-risk and disadvantaged pregnant women,
including--
(A) those who are addicted or at-risk for substance
abuse;
(B) those who are homeless;
(C) those in unstable domestic situations; and
(D) women with other high-risk characteristics,
such as previous or current involvement with the foster
care or child justice system.
(b) Purpose.--It is the purpose of this Act to establish
residential programs for special populations of high-risk and
disadvantaged pregnant women and their children that will provide
comprehensive support services to protect and enhance the first year of
life of the children of such women and provide the mothers of such
children with an opportunity for a proper maternal beginning. Such
programs will target the women described in subsection (a)(3) and
provide a more intensive array of the many services that are part of
nonresidential programs, together with vocational, home management, and
transitional housing assistance.
SEC. 2. RESIDENTIAL PROGRAMS FOR PREGNANT WOMEN AND CHILDREN.
Part B of the Public Health Service Act (42 U.S.C. 243 et seq.) is
amended by adding at the end thereof the following new section:
``SEC. 320A. RESIDENTIAL PROGRAMS FOR PREGNANT WOMEN AND CHILDREN.
``(a) Establishment.--The Secretary shall establish a program under
which grants shall be awarded to eligible entities to enable such
entities to establish residential programs for special populations of
high-risk and disadvantaged pregnant women and their children to
provide the services described in subsection (d) to such women.
``(b) Eligible entities.--To be eligible to receive a grant under
subsection (a), an entity shall be a--
``(1) nonprofit transitional, homeless shelter or a
permanent housing program;
``(2) federally funded public housing organization;
``(3) housing organization that serves tenants living in
housing assisted under section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f); and
``(4) community-based drug treatment center, domestic
violence shelter, or other health center; or
``(5) any other entity determined appropriate by the
Secretary.
``(c) Application.--To be eligible to receive a grant under
subsection (a), an eligible entity shall prepare and submit to the
Secretary an application at such time, in such manner, and containing
such information as the Secretary may require, including--
``(1) a description of the manner in which the services
required under subsection (d) will be provided using amounts
made available under the grant;
``(2) information sufficient to demonstrate that the
applicant will assure the provision of the full array of
services described in subsection (d);
``(3) information sufficient to demonstrate that the
applicant has access to a suitable housing facility, as
described in subsection (f);
``(4) a description of the applicants plan for assuring
housing for all program participants and their children after
such participants complete the program;
``(5) information sufficient to demonstrate that the
applicant has linkages with public and other community agencies
that can assist in locating and facilitating appropriate
housing;
``(6) information demonstrating that the applicant has
established a relationship with child welfare agencies and
child protective services that will enable the applicant, where
appropriate, to--
``(A) provide advocacy on behalf of substance
abusers and the children of substance abusers in child
protective services cases;
``(B) provide services to help prevent the
unnecessary placement of children in substitute care;
and
``(C) promote reunification of families or
permanent plans for the placement of the child; and
``(7) any other information determined appropriate by the
Secretary.
``(d) Services.--A residential program established under this
section shall provide the following comprehensive services (which
should be provided in the language and cultural context appropriate for
the mother and her family):
``(1) Medical Services.--Medical services which shall
include--
``(A) assessment and screening to determine the
medical needs of the mother and her family;
``(B) referrals and linkages to--
``(i) appropriate prenatal, obstetric and
pediatric medical service providers in the
community or referral to other providers as
needed;
``(ii) community health clinics; and
``(iii) other public health service and
community-based providers that would be likely
to provide similar services;
``(C) on-site provision of or referral to
appropriate community-based agencies for addiction and
substance abuse education, counseling, treatment, and
referral (to outpatient counseling upon discharge)
services as needed; and
``(D) psychological services for mothers and
children, as needed.
``(2) Parenting, job counseling, and other services.--Other
services which shall include--
``(A) assessment and screening to determine
parenting, job counseling, and social service needs of
the mother and her family;
``(B) parenting skills counseling and education,
specifically focusing on techniques to stimulate
cognitive development in infants;
``(C) access to schools for children and mothers
where appropriate;
``(D) day care for children when their mothers are
attending other programs, as needed;
``(E) job counseling and referral to existing job
training programs;
``(F) structured re-entry counseling and other
related activities, including follow-up services;
``(G) referrals and linkages to other needed
services;
``(H) transitional housing assistance, as needed;
``(I) transportation services with respect to an
educational institution or a job training site, as
needed; and
``(J) case management throughout the duration of
the program, including assistance with applications for
assistance under titles IV and XIX of the Social
Security Act, the Food Stamp Act of 1977, after care
programs, and other service programs described in this
section.
``(e) Eligible Women.--
``(1) In general.--To be eligible to receive services
provided under a residential program established under this
section, an individual shall be a pregnant woman who is a
member of a special population of disadvantaged pregnant women,
including--
``(A) women who are addicted or at-risk for
substance abuse;
``(B) women who are homeless;
``(C) women who are in unstable domestic
situations; and
``(D) women who are referred to the program due to
other high-risk characteristics.
``(2) Admittance into program.--Women shall be admitted
into a residential program under this section upon a
determination of eligibility and may remain in such program
until their infant reaches 1 year of age. All children of
eligible pregnant women shall be admitted into the program and
shall be permitted to remain in the program so long as their
mother also remains in the program.
``(f) Suitable Housing Facilities.--
``(1) In general.--In meeting the requirement of subsection
(c)(3), an entity receiving a grant under this section shall
secure access to and the use of an appropriate facility, as
determined by the Secretary, for the housing of pregnant women
and their children in a home-like setting.
``(2) Limitation.--Amounts made available under a grant
awarded under this section may not be used for the
rehabilitation, construction, purchase, or leasing of property.
Such amounts may be used for residential support services,
including furniture, supplies, security, maintenance,
utilities, and administrative services.
``(g) Peer Review.--The Secretary shall provide for the
establishment of a peer review panel to perform the initial review of
applications submitted for assistance under this section and to make
recommendations to the Secretary with respect to such applications.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $250,000,000 for each of the
fiscal years 1994 through 1996.''. | Amends the Public Health Service Act to direct the Secretary of Health and Human Services to make grants to establish residential programs for special populations of high-risk and disadvantaged pregnant women and their children.
Sets forth provisions regarding eligibility of entities to receive such grants and application requirements.
Requires such programs to provide specified services in the language and cultural context appropriate for the mother and her family, such as: (1) medical services (including assessment and screening, referrals, and psychological services); and (2) parenting, job counseling, and other services.
Sets forth provisions regarding: (1) eligibility of women to receive services under such programs; (2) housing facilities; and (3) peer review. Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to provide for the establishment of a residential support service program for special high-risk populations of pregnant women and their children, and for other purposes."} | 1,866 | 144 | 0.541651 | 1.50258 | 0.700632 | 3.612245 | 12.591837 | 0.863946 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Welfare to Work Health Care Act of
2003''.
SEC. 2. REVISION AND SIMPLIFICATION OF THE TRANSITIONAL MEDICAL
ASSISTANCE PROGRAM (TMA).
(a) Option of Continuous Eligibility for 12 Months; Option of
Continuing Coverage for up to an Additional Year.--
(1) Option of continuous eligibility for 12 months by
making reporting requirements optional.--Section 1925(b) of the
Social Security Act (42 U.S.C. 1396r-6(b)) is amended--
(A) in paragraph (1), by inserting ``, at the
option of a State,'' after ``and which'';
(B) in paragraph (2)(A), by inserting ``Subject to
subparagraph (C)--'' after ``(A) Notices.--'';
(C) in paragraph (2)(B), by inserting ``Subject to
subparagraph (C)--'' after ``(B) Reporting
requirements.--'';
(D) by adding at the end the following new
subparagraph:
``(C) State option to waive notice and reporting
requirements.--A State may waive some or all of the
reporting requirements under clauses (i) and (ii) of
subparagraph (B). Insofar as it waives such a reporting
requirement, the State need not provide for a notice
under subparagraph (A) relating to such requirement.'';
and
(E) in paragraph (3)(A)(iii), by inserting ``the
State has not waived under paragraph (2)(C) the
reporting requirement with respect to such month under
paragraph (2)(B) and if'' after ``6-month period if''.
(2) State option to extend eligibility for low-income
individuals for up to 12 additional months.--Section 1925 of
such Act (42 U.S.C. 1396r-6) is further amended--
(A) by redesignating subsections (c) through (f) as
subsections (d) through (g); and
(B) by inserting after subsection (b) the following
new subsection:
``(c) State Option of up to 12 Months of Additional Eligibility.--
``(1) In general.--Notwithstanding any other provision of
this title, each State plan approved under this title may
provide, at the option of the State, that the State shall offer
to each family which received assistance during the entire 6-
month period under subsection (b) and which meets the
applicable requirement of paragraph (2), in the last month of
the period the option of extending coverage under this
subsection for the succeeding period not to exceed 12 months.
``(2) Income restriction.--The option under paragraph (1)
shall not be made available to a family for a succeeding period
unless the State determines that the family's average gross
monthly earnings (less such costs for such child care as is
necessary for the employment of the caretaker relative) as of
the end of the 6-month period under subsection (b) does not
exceed 185 percent of the official poverty line (as defined by
the Office of Management and Budget, and revised annually in
accordance with section 673(2) of the Omnibus Budget
Reconciliation Act of 1981) applicable to a family of the size
involved.
``(3) Application of extension rules.--The provisions of
paragraphs (2), (3), (4), and (5) of subsection (b) shall apply
to the extension provided under this subsection in the same
manner as they apply to the extension provided under subsection
(b)(1), except that for purposes of this subsection--
``(A) any reference to a 6-month period under
subsection (b)(1) is deemed a reference to the
extension period provided under paragraph (1) and any
deadlines for any notices or reporting and the premium
payment periods shall be modified to correspond to the
appropriate calendar quarters of coverage provided
under this subsection; and
``(B) any reference to a provision of subsection
(a) or (b) is deemed a reference to the corresponding
provision of subsection (b) or of this subsection,
respectively.''.
(b) State Option To Waive Receipt of Medicaid for 3 of Previous 6
Months To Qualify for TMA.--Section 1925(a)(1) of such Act (42 U.S.C.
1396r-6(a)(1)) is amended by adding at the end the following: ``A State
may, at its option, also apply the previous sentence in the case of a
family that was receiving such aid for fewer than 3 months, or that had
applied for and was eligible for such aid for fewer than 3 months,
during the 6 immediately preceding months described in such
sentence.''.
(c) Elimination of Sunset for TMA.--
(1) Subsection (g) of section 1925 of such Act (42 U.S.C.
1396r-6), as redesignated under subsection (a)(2), is repealed.
(2) Section 1902(e)(1) of such Act (42 U.S.C. 1396a(e)(1))
is amended by striking ``(A) Nothwithstanding'' and all that
follows through ``During such period, for'' in subparagraph (B)
and inserting ``For''.
(d) CMS Report on Enrollment and Participation Rates Under TMA.--
Section 1925 of such Act, as amended by subsections (a)(2) and (c), is
amended by adding at the end the following new subsection:
``(g) Additional Provisions.--
``(1) Collection and reporting of participation
information.--Each State shall--
``(A) collect and submit to the Secretary, in a
format specified by the Secretary, information on
average monthly enrollment and average monthly
participation rates for adults and children under this
section; and
``(B) make such information publicly available.
Such information shall be submitted under subparagraph (A) at
the same time and frequency in which other enrollment
information under this title is submitted to the Secretary.
Using such information, the Secretary shall submit to Congress
annual reports concerning such rates.''.
(e) Coordination of Work.--Section 1925(g) of such Act, as added by
subsection (d), is amended by adding at the end the following new
paragraph:
``(2) Coordination with administration for children and
families.--The Administrator of the Centers for Medicare &
Medicaid Services, in carrying out this section, shall work
with the Assistant Secretary for the Administration for
Children and Families to develop guidance or other technical
assistance for States regarding best practices in guaranteeing
access to transitional medical assistance under this
section.''.
(f) Elimination of TMA Requirement for States That Extend Coverage
to Children and Parents Through 185 Percent of Poverty.--
(1) In general.--Section 1925 of such Act is further
amended by adding at the end the following new subsection:
``(h) Provisions Optional for States That Extend Coverage to
Children and Parents Through 185 Percent of Poverty.--A State may (but
is not required to) meet the requirements of subsections (a) and (b) if
it provides for medical assistance under section 1931 to families
(including both children and caretaker relatives) the average gross
monthly earning of which (less such costs for such child care as is
necessary for the employment of a caretaker relative) is at or below a
level that is at least 185 percent of the official poverty line (as
defined by the Office of Management and Budget, and revised annually in
accordance with section 673(2) of the Omnibus Budget Reconciliation Act
of 1981) applicable to a family of the size involved.''.
(2) Conforming amendments.--Such section is further
amended, in subsections (a)(1) and (b)(1), by inserting ``, but
subject to subsection (h),'' after ``Notwithstanding any other
provision of this title,'' each place it appears.
(g) Extending Use of Outstationed Workers To Accept Applications
for Transitional Medical Assistance.--Section 1902(a)(55) of such Act
(42 U.S.C. 1396a(a)(55)) is amended by inserting ``and under section
1931'' after ``(a)(10)(A)(ii)(IX)''.
(h) Effective Dates.--(1) Except as provided in this subsection,
the amendments made by this section shall apply to calendar quarters
beginning on or after the date of the enactment of this Act, without
regard to whether or not final regulations to carry out such amendments
have been promulgated by such date.
(2) 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
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. | Welfare to Work Health Care Act of 2003 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to revise the program commonly referred to as the transitional medical assistance (TMA) program. Authorizes States to: (1) extend the eligibility for TMA of low-income individuals for up to 12 additional months; and (2) allow another six months of eligibility, in certain circumstances, in the case of a family eligible for or receiving Medicaid for less than three of the previous six months. Repeals the sunset date for TMA (thus making the program permanent). | {"src": "billsum_train", "title": "To amend title XIX of the Social Security Act to revise and simplify the transitional medical assistance (TMA) program."} | 2,131 | 130 | 0.511592 | 1.298956 | 0.613293 | 2.368421 | 16.508772 | 0.859649 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marriage and Religious Freedom
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Leading legal scholars concur that conflicts between
same-sex marriage and religious liberty are real and should be
legislatively addressed.
(2) As the President stated in response to the decision of
the Supreme Court on the Defense of Marriage Act in 2013,
``Americans hold a wide range of views'' on the issue of same-
sex marriage, and ``maintaining our Nation's commitment to
religious freedom'' is ``vital''.
(3) Protecting religious freedom from Government intrusion
is a Government interest of the highest order. Legislatively
enacted measures advance this interest by remedying, deterring,
and preventing Government interference with religious exercise
in a way that complements the protections mandated by the First
Amendment to the Constitution of the United States.
(4) Laws that protect the free exercise of religious
beliefs about marriage will encourage private citizens and
institutions to demonstrate similar tolerance and therefore
contribute to a more respectful, diverse, and peaceful society.
SEC. 3. PROTECTION OF THE FREE EXERCISE OF RELIGIOUS BELIEFS.
(a) In General.--Notwithstanding any other law to the contrary, the
Federal Government shall not take an adverse action against a person,
wholly or partially on the basis that such person acts in accordance
with a religious belief that marriage is or should be recognized as the
union of one man and one woman, or that sexual relations are properly
reserved to such a marriage.
(b) Adverse Action Defined.--As used in subsection (a), an adverse
action means any action taken by the Federal Government to--
(1) deny or revoke an exemption from taxation under section
501(a) of the Internal Revenue Code of 1986 of the person who
is acting in accordance with the religious belief referred to
in subsection (a);
(2) disallow a deduction for Federal tax purposes of any
charitable contribution made to or by such person;
(3) alter in any way the Federal tax treatment of, or cause
any tax, penalty, or payment to be assessed against, such
person or such person's employees with respect to any benefit
provided or not provided by such person to such person's
employees, wholly or partially on the basis that the benefit is
provided or not provided on account of a religious belief
referred to in subsection (a);
(4) deem any employee benefit plan covering employees of
such person to have lost its status as a ``qualified plan''
under section 401(a) of the Internal Revenue Code of 1986, or
to be in violation of any part of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1001 et seq.), wholly or
partially on the basis that the benefit plan fails to provide a
benefit, right, or feature on account of such person's
religious belief referred to in subsection (a);
(5) deny or exclude such person from receiving any Federal
grant, contract, cooperative agreement, loan, license,
certification, accreditation, employment, or other similar
position or status;
(6) deny or withhold from such person any benefit under a
Federal benefit program; or
(7) otherwise discriminate against such person.
SEC. 4. JUDICIAL RELIEF.
(a) Cause of Action.--A person may assert an actual or threatened
violation of this Act as a claim or defense in a judicial proceeding
and obtain compensatory damages, injunctive relief, declaratory relief,
or any other appropriate relief against the Federal Government.
Standing to assert a claim or defense under this section shall be
governed by the general rules of standing under Article III of the
Constitution.
(b) Attorneys' Fees.--Section 722(b) of the Revised Statutes (42
U.S.C. 1988(b)) is amended by inserting ``the Marriage and Religious
Freedom Act,'' after ``the Religious Land Use and Institutionalized
Persons Act of 2000,''.
(c) Authority of United States To Enforce This Act.--The Attorney
General may bring an action for injunctive or declaratory relief
against an independent establishment described in section 104(1) of
title 5, United States Code, or an officer or employee of that
independent establishment, to enforce compliance with this Act. Nothing
in this subsection shall be construed to deny, impair, or otherwise
affect any right or authority of the Attorney General, the United
States, or any agency, officer, or employee of the United States,
acting under any law other than this subsection, to institute or
intervene in any proceeding.
SEC. 5. RULES OF CONSTRUCTION.
(a) Broad Construction.--This Act shall be construed in favor of a
broad protection of religious beliefs described in section 3, to the
maximum extent permitted by the terms of this Act and the Constitution.
(b) No Preemption, Repeal, or Narrow Construction.--Nothing in this
Act shall be construed to preempt State law, or repeal Federal law,
that is equally as protective of religious beliefs as, or more
protective of religious beliefs than, this Act. Nothing in this Act
shall be considered to narrow the meaning or application of any other
State or Federal law protecting religious beliefs.
(c) Severability.--If any provision of this Act or any application
of such provision to any person or circumstance is held to be
unconstitutional, the remainder of this Act and the application of the
provision to any other person or circumstance shall not be affected.
SEC. 6. DEFINITIONS.
In this Act:
(1) Federal benefit program.--The term ``Federal benefit
program'' has the meaning given that term in section 552a of
title 5, United States Code.
(2) Federal government.--The term ``Federal Government''
includes each authority of any branch of the Government of the
United States.
(3) Person.--The term ``person'' means a person as defined
in section 1 of title 1, United States Code, and includes any
such person regardless of religious affiliation or lack
thereof, and regardless of for-profit or nonprofit status. | Marriage and Religious Freedom Act - Prohibits the federal government from taking an adverse action against a person on the basis that such person acts in accordance with a religious belief that: (1) marriage is or should be recognized as the union of one man and one woman, or (2) sexual relations are properly reserved to such a marriage. Defines "adverse action" as any federal government action to discriminate against a person who is acting in accordance with such religious belief, including a federal government action to: deny or revoke certain tax exemptions or disallow a deduction of any charitable contribution made to or by such person; alter the federal tax treatment of, or cause any tax, penalty, or payment to be assessed against, such person or such person's employees with respect to any employee benefit provided or not provided by such person; deem an employee benefit plan covering employees of such person to have lost its status as a qualified plan under the Internal Revenue Code, or to be in violation of the Employee Retirement Income Security Act of 1974, because the plan fails to provide a benefit, right, or feature on account of such person's religious belief; deny or exclude such person from receiving any federal grant, contract, cooperative agreement, loan, license, certification, accreditation, employment, or similar position or status; or deny or withhold any benefit under a federal benefit program. Permits a person to assert an actual or threatened violation of this Act as a claim or defense in a judicial proceeding and to obtain compensatory damages or other appropriate relief against the federal government. Authorizes the Attorney General (DOJ) to bring actions against certain independent establishments of the executive branch (certain establishments in the executive branch, other than the U.S. Postal Service [USPS] and the Postal Regulatory Commission, that are not executive departments, military departments, or government corporations) to enforce this Act. Specifies that the term "person" includes any person regardless of religious affiliation, as well as corporations and other entities regardless of for-profit or nonprofit status. | {"src": "billsum_train", "title": "Marriage and Religious Freedom Act"} | 1,357 | 452 | 0.640948 | 2.241573 | 0.861737 | 5.176322 | 3.156171 | 0.889169 |
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