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SECTION 1. SHORT TITLE.
This Act may be cited as the ``COPS Improvements Act of 2011''.
SEC. 2. COPS GRANT IMPROVEMENTS.
(a) In General.--Section 1701 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended--
(1) by striking subsection (c);
(2) by redesignating subsection (b) as subsection (c);
(3) by striking subsection (a) and inserting the following:
``(a) The Office of Community Oriented Policing Services.--
``(1) Office.--There is within the Department of Justice,
under the general authority of the Attorney General, a separate
and distinct office to be known as the Office of Community
Oriented Policing Services (referred to in this subsection as
the `COPS Office').
``(2) Director.--The COPS Office shall be headed by a
Director who shall--
``(A) appointed by the Attorney General; and
``(B) have final authority over all grants,
cooperative agreements, and contracts awarded by the
COPS Office.
``(b) Grant Authorization.--The Attorney General shall carry out
grant programs under which the Attorney General makes grants to States,
units of local government, Indian tribal governments, other public and
private entities, and multi-jurisdictional or regional consortia for
the purposes described in subsections (c), (d), (e), and (f).'';
(4) in subsection (c), as so redesignated--
(A) in the heading, by striking ``uses of grant
amounts.--'' and inserting ``Community Policing and
Crime Prevention Grants'';
(B) in paragraph (3), by striking ``, to increase
the number of officers deployed in community-oriented
policing'';
(C) in paragraph (4), by inserting ``or train''
after ``pay for'';
(D) by striking paragraph (9);
(E) by redesignating paragraphs (5) through (8) as
paragraphs (6) through (9), respectively;
(F) by inserting after paragraph (4) the following:
``(5) award grants to hire school resource officers and to
establish school-based partnerships between local law
enforcement agencies and local school systems to combat crime,
gangs, drug activities, and other problems in and around
elementary and secondary schools;'';
(G) by striking paragraph (13);
(H) by redesignating paragraphs (14), (15), and
(16) as paragraphs (13), (14), and (15), respectively;
(I) in paragraph (15), as so redesignated, by
striking ``and'' at the end;
(J) by redesignating paragraph (17) as paragraph
(18);
(K) by inserting after paragraph (15), as so
redesignated, the following:
``(16) establish and implement innovative programs to
reduce and prevent illegal drug manufacturing, distribution,
and use, including the manufacturing, distribution, and use of
methamphetamine; and
``(17) award enhancing community policing and crime
prevention grants that meet emerging law enforcement needs, as
warranted.''; and
(L) in paragraph (18), as so redesignated, by
striking ``through (16)'' and inserting ``through
(17)'';
(5) by striking subsections (h) and (i);
(6) by redesignating subsections (j) and (k) as subsections
(k) and (l), respectively;
(7) by redesignating subsections (d) through (g) as
subsections (g) through (j), respectively;
(8) by inserting after subsection (c), as so redesignated,
the following:
``(d) Troops-to-Cops Programs.--
``(1) In general.--Grants made under subsection (b) may be
used to hire former members of the Armed Forces to serve as
career law enforcement officers for deployment in community-
oriented policing, particularly in communities that are
adversely affected by a recent military base closing.
``(2) Definition.--In this subsection, `former member of
the Armed Forces' means a member of the Armed Forces of the
United States who is involuntarily separated from the Armed
Forces within the meaning of section 1141 of title 10, United
States Code.
``(e) Community Prosecutors Program.--The Attorney General may make
grants under subsection (b) to pay for additional community prosecuting
programs, including programs that assign prosecutors to--
``(1) handle cases from specific geographic areas; and
``(2) address counter-terrorism problems, specific violent
crime problems (including intensive illegal gang, gun, and drug
enforcement and quality of life initiatives), and localized
violent and other crime problems based on needs identified by
local law enforcement agencies, community organizations, and
others.
``(f) Technology Grants.--The Attorney General may make grants
under subsection (b) to develop and use new technologies (including
interoperable communications technologies, modernized criminal record
technology, and forensic technology) to assist State and local law
enforcement agencies in reorienting the emphasis of their activities
from reacting to crime to preventing crime and to train law enforcement
officers to use such technologies.'';
(9) in subsection (g), as so redesignated--
(A) in paragraph (1), by striking ``to States,
units of local government, Indian tribal governments,
and to other public and private entities,'';
(B) in paragraph (2), by striking ``define for
State and local governments, and other public and
private entities,'' and inserting ``establish''; and
(C) in the first sentence of paragraph (3), by
inserting ``(including regional community policing
institutes)'' after ``training centers or facilities'';
(10) in subsection (i), as so redesignated--
(A) by striking ``subsection (a)'' the first place
that term appears and inserting ``paragraphs (1) and
(2) of subsection (c)''; and
(B) by striking ``in each fiscal year pursuant to
subsection (a)'' and inserting ``in each fiscal year
for purposes described in paragraph (1) and (2) of
subsection (c)'';
(11) in subsection (j), as so redesignated--
(A) by striking ``subsection (a)'' and inserting
``subsection (b)''; and
(B) by striking the second sentence;
(12) in subsection (k)(1), as so redesignated--
(A) by striking ``subsection (i) and''; and
(B) by striking ``subsection (b)'' and inserting
``subsection (c)''; and
(13) by adding at the end the following:
``(m) Retention of Additional Officer Positions.--For any grant
under paragraph (1) or (2) of subsection (c) for hiring or rehiring
career law enforcement officers, a grant recipient shall retain each
additional law enforcement officer position created under that grant
for not less than 12 months after the end of the period of that grant,
unless the Attorney General waives, wholly or in part, the retention
requirement of a program, project, or activity.
``(n) Proportionality of Awards.--The Attorney General shall ensure
that the same percentage of the total number of eligible applicants in
each State receive a grant under this section.''.
(b) Applications.--Section 1702 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-1) is amended--
(1) in subsection (c)--
(A) in the matter preceding paragraph (1), by
inserting ``, unless waived by the Attorney General''
after ``under this part shall'';
(B) by striking paragraph (8); and
(C) by redesignating paragraphs (9) through (11) as
paragraphs (8) through (10), respectively; and
(2) by striking subsection (d).
(c) Renewal of Grants.--Section 1703 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-2) is
amended to read as follows:
``SEC. 1703. RENEWAL OF GRANTS.
``(a) In General.--A grant made under this part may be renewed,
without limitations on the duration of such renewal, to provide
additional funds, if the Attorney General determines that the funds
made available to the recipient were used in a manner required under an
approved application and if the recipient can demonstrate significant
progress in achieving the objectives of the initial application.
``(b) No Cost Extensions.--Notwithstanding subsection (a), the
Attorney General may extend a grant period, without limitations as to
the duration of such extension, to provide additional time to complete
the objectives of the initial grant award.''.
(d) Limitation on Use of Funds.--Section 1704 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-3)
is amended--
(1) in subsection (a), by striking ``that would, in the
absence of Federal funds received under this part, be made
available from State or local sources'' and inserting ``that
the Attorney General determines would, in the absence of
Federal funds received under this part, be made available for
the purpose of the grant under this part from State or local
sources''; and
(2) by striking subsection (c).
(e) Enforcement Actions.--Section 1706 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-5) is
amended--
(1) in the section heading, by striking ``revocation or
suspension of funding'' and inserting ``enforcement actions'';
and
(2) by striking ``revoke or suspend'' and all that follows
and inserting ``take any enforcement action available to the
Department of Justice.''.
(f) Definitions.--Section 1709(1) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-8(1)) is
amended--
(1) by striking ``who is authorized'' and inserting ``who
is a sworn law enforcement officer and is authorized''; and
(2) by inserting ``, including officers for the Amtrak
Police Department'' before the period at the end.
(g) Authorization of Appropriations.--Section 1001(a)(11) of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)(11)) is amended--
(1) in subparagraph (A), by striking ``$1,047,119,000 for
each of fiscal years 2006 through 2009'' and inserting
``$900,000,000 for each of fiscal years 2012 through 2017'';
and
(2) in subparagraph (B)--
(A) in the first sentence--
(i) by striking ``3 percent'' and inserting
``5 percent''; and
(ii) by striking ``section 1701(d)'' and
inserting ``section 1701(g)''; and
(B) by striking the second sentence and inserting
the following: ``Of the funds available for grants
under part Q, not less than $500,000,000 shall be used
for grants for the purposes specified in section
1701(c), not more than $150,000,000 shall be used for
grants under section 1701(e), and not more than
$250,000,000 shall be used for grants under section
1701(f).''.
(h) Purposes.--Section 10002 of the Public Safety Partnership and
Community Policing Act of 1994 (42 U.S.C. 3796dd note) is amended--
(1) in paragraph (4), by striking ``development'' and
inserting ``use''; and
(2) in the matter following paragraph (4), by striking
``for a period of 6 years''.
(i) COPS Program Improvements.--
(1) In general.--Section 109(b) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3712h(b))
is amended--
(A) by striking paragraph (1);
(B) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively; and
(C) in paragraph (2), as so redesignated, by
inserting ``, except for the program under part Q of
this title'' before the period.
(2) Law enforcement computer systems.--Section 107 of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3712f) is amended by adding at the end the following:
``(c) Exception.--This section shall not apply to any grant made
under part Q of this title.''. | COPS Improvements Act of 2011 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to modify the public safety and community policing grant program (COPS ON THE BEAT grant program) to: (1) establish within the Department of Justice (DOJ), under the general authority of the Attorney General, the Office of Community Oriented Policing Services to be headed by a Director; and (2) authorize the Attorney General to carry out more than one such program.
Repeals provisions authorizing: (1) the Attorney General to give preferential consideration to applications for hiring and rehiring additional career law enforcement officers that involve a non-federal contribution exceeding a 25% minimum; and (2) the use of such grants to develop and implement either innovative programs to permit members of the community to assist state, tribal, and local law enforcement agencies in the prevention of crime in the community or new administrative and managerial systems to facilitate the adoption of community-oriented policing as an organization-wide philosophy.
Authorizes the use of such grants to: (1) hire school resource officers and establish local partnerships to combat crime, gangs, drug activities, and other problems in elementary and secondary schools; (2) establish and implement innovative programs to reduce and prevent illegal drug manufacturing, distribution, and use; (3) meet emerging law enforcement needs; (4) hire former members of the Armed Forces to serve as career law enforcement officers for deployment in community-oriented policing; (5) pay for additional community prosecuting programs to handle cases from specific geographic areas and to address counter-terrorism problems and violent crime in local communities; and (6) develop new technologies to assist state and local law enforcement agencies in crime prevention and training.
Directs the Attorney General to ensure that the same percentage of the total number of eligible applicants in each state receive a grant.
Authorizes the Attorney General to extend grant periods and to renew grants if the grant recipient can demonstrate significant progress in achieving the objectives of the initial grant application.
Includes officers for the Amtrak Police Department within the definition of "career law enforcement officer" for purposes of such grant program.
Increases and extends the authorization of appropriations for the program for FY2012-FY2017. | {"src": "billsum_train", "title": "A bill to amend the Omnibus Crime Control and Safe Streets Act of 1968 to enhance the COPS ON THE BEAT grant program, and for other purposes."} | 2,914 | 467 | 0.647855 | 1.93585 | 0.786908 | 3.625866 | 6.214781 | 0.900693 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing Job Corps Centers Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The Department of Labor's management of the Job Corps
program has recently suffered from poor budgeting and financial
management. The Office of Inspector General of the Department
of Labor found that the Department had projected costs
erroneously and managerial factors exacerbated the resulting
budget shortfalls.
(2) For nearly 50 years, the Job Corps program was overseen
by a single individual appointed to a position in the Senior
Executive Service. The management structure for the program has
expanded to include 3 positions in the Senior Executive
Service. This expansion has not contributed to better
management of the program but has created uncertainty about
roles and responsibilities, according to the May 31, 2013,
report by the Office of Inspector General.
(3) The Department of Labor has not been sufficiently
transparent with Congress regarding policies that significantly
affect constituents, particularly decisions to suspend
enrollments or reduce the number of enrollees the Job Corps
program serves.
(4) An advisory board of Job Corps operational experts can
assist the new leadership of the Department of Labor as the
Department--
(A) addresses the structural challenges the Job
Corps program faces in its administration; and
(B) returns the program to the administrative and
operational efficiency that characterized the program's
first 50 years.
(b) Sense of Congress.--It is the sense of Congress that--
(1) local Job Corps center operational experts should play
an important role in ensuring the effective management by the
Secretary of the Job Corps program, by informing the Office of
Job Corps on the impact Federal decisions may have on Job Corps
campuses;
(2) the Job Corps program continues to produce results as
the economy of the United States recovers and unemployment
remains high, as more than 85 percent of Job Corps graduates
obtain a job, enroll in higher education, or enlist in the
military upon completion; and
(3) the 125 Job Corps center campuses, which includes
locations in nearly every State, have compiled an impressive
record of preparing at-risk youth for the workforce or higher
education, and in nearly 50 years, more than 3,000,000 youth
have obtained, through the Job Corps program, the job and
social skills needed to start a career or obtain further
educational credentials.
SEC. 3. JOB CORPS PROGRAM ADVISORY BOARD.
(a) Establishment.--
(1) In general.--There is established in the Department of
Labor the Job Corps Program Advisory Board (referred to in this
section as the ``Advisory Board'').
(2) Recommendations.--The Secretary, acting through the
Assistant Secretary for Employment and Training, shall solicit
and receive recommendations relating to the administration and
management structure of the Job Corps program from the Advisory
Board.
(b) Membership.--The Advisory Board shall be composed of 5 members
appointed by the Secretary, of whom--
(1) 1 shall be selected from recommendations submitted by
the Board of Directors of the National Job Corps Association;
and
(2) 4 shall be selected from recommendations submitted by
the chairpersons, in consultation with the ranking members, of
the Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Education and the Workforce of the
House of Representatives.
(c) Qualifications.--A majority of the individuals appointed to the
Board under subsection (b) shall have--
(1) backgrounds containing significant involvement in Job
Corps managing operations; or
(2) relevant management experience, in areas such as
financial management, procurement and contract administration,
and performance management, at a Job Corps center or at the
regional or national level of the Job Corps program.
(d) Period of Appointment; Vacancies.--Members of the Advisory
Board shall serve for the life of the Advisory Board. Any vacancy in
the Advisory Board shall not affect its powers, but shall be filled in
the same manner as the original appointment.
(e) Chairperson.--The Advisory Board shall select a Chairperson
from among its members.
(f) Duties of the Advisory Board.--
(1) Administration and management structure study and
report.--
(A) Study.--The Advisory Board shall conduct a
thorough study of all matters relating to the
administration of and management structure for the Job
Corps program.
(B) Recommendations.--The Advisory Board shall
develop recommendations on ways of improving the
administration and management structure of the Job
Corps program, including reducing to 1 the number of
positions in the Senior Executive Service within the
program.
(C) Report.--Not later than 6 months after the date
of enactment of this Act, the Advisory Board shall
prepare and submit to the Secretary and the appropriate
committees of Congress--
(i) a report that contains a detailed
statement of the findings and conclusions of
the Advisory Board; and
(ii) recommendations for such legislation
and administrative actions as the Advisory
Board considers appropriate.
(2) Recommendations.--The Advisory Board shall receive each
report submitted under section 5(a)(2) and make recommendations
to the Assistant Secretary relating to the administration and
management structure for the Job Corps program in response to
the report or to requests by the Secretary.
(g) No Additional Compensation.--
(1) Voluntary service.--Each member of the Advisory Board
shall serve without compensation in addition to any such
compensation received for the member's service as an officer or
employee of the United States, if applicable.
(2) No travel expenses.--A member of the Advisory Board
shall not be allowed travel expenses while away from the
member's home or regular place of business in the performance
of services for the Advisory Board.
(h) Termination.--The Advisory Board shall terminate at the end of
the 2-year period during which the Secretary is not required to submit
any notification reports under section 5, unless the Secretary elects
to extend the life of the Advisory Board for any additional period of
time.
SEC. 4. IMPROVED ADMINISTRATION AND MANAGEMENT STRUCTURE.
(a) In General.--Not later than 60 days after receiving a report
under section 3(f)(1), the Secretary shall take action to improve the
administration and management structure of the Job Corps program, which
actions shall include reducing to 1 the number of positions in the
Senior Executive Service funded through the annual appropriations
provided for the Job Corps program. The individual appointed to the
position in the Senior Executive Service for the Job Corps program
shall be responsible for the fiscal, program, and procurement oversight
of the Job Corps program.
(b) Budget Plan.--Not later than 90 days after receiving the report
submitted under section 6, the Secretary shall prepare and submit a
plan detailing how the Secretary will address and prevent any current
or anticipated budget problem concerning the Job Corps program. The
Secretary shall submit the plan to the appropriate committees of
Congress.
SEC. 5. NOTIFICATION REPORTS.
(a) Report.--
(1) In general.--Not later than 120 days prior to
implementation of a policy described in subsection (b), the
Secretary, acting through the Assistant Secretary for
Employment and Training, shall prepare, and submit to the
appropriate committees of Congress, a report that contains a
notification regarding the policy.
(2) Submission to the advisory board.--The Secretary shall
submit any report prepared under paragraph (1) to the Job Corps
Program Advisory Board established under section 3 at the same
time as such report is submitted to Congress, until the date on
which the Advisory Board is terminated in accordance with
section 3(h).
(b) Policies Covered.--Subsection (a) applies to any policy
implemented by the Department of Labor that would--
(1) suspend the enrollment of applicants to participate in
the Job Corps program;
(2) reduce the number of positions available for enrollees
in the program; or
(3) affect the closure of a Job Corps center.
SEC. 6. GOVERNMENT ACCOUNTABILITY OFFICE REPORT.
The Comptroller General of the United States shall conduct a
financial audit of the Job Corps program for fiscal years 2012 and
2013, and prepare and submit a report describing the results of the
audit. Such audit shall contain a full review of the financial
shortfalls relating to the program. The Comptroller General shall
submit the report to the Secretary and the appropriate committees of
Congress.
SEC. 7. FUNDING.
(a) In General.--Notwithstanding any other provision of law, the
Secretary shall reserve funds appropriated for fiscal year 2013 for the
Employment and Training Administration that have not been obligated as
of the date of enactment of this Act, and shall use such funds to carry
out the requirements of this Act.
(b) Availability.--The funds reserved under this section shall
remain available until expended.
SEC. 8. DEFINITIONS.
In this Act:
(1) Job corps.--The term ``Job Corps'' means the Job Corps
described in section 143 of the Workforce Investment Act of
1998 (29 U.S.C. 2882).
(2) Job corps center.--The term ``Job Corps center'' means
a center described in section 147 of the Workforce Investment
Act of 1998 (29 U.S.C. 2887).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Labor. | Securing Job Corps Centers Act - Expresses the sense of Congress with respect to the Job Corps program. Establishes the Jobs Corps Program Advisory Board in the Department of Labor. Directs the Board to conduct a study and develop recommendations for improving the administration and management structure of the Job Corps program. Directs the Secretary of Labor, acting through the Assistant Secretary for Employment and Training, to take actions to improve the administration and management structure of the Jobs Corps program, including reducing to one (currently, there are three) the number of Senior Executive Service positions within the program. Directs the Comptroller General (GAO) to conduct a financial audit of the Job Corps program for FY2012 and FY2013 and report the results to Congress. | {"src": "billsum_train", "title": "Securing Job Corps Centers Act"} | 2,022 | 159 | 0.576575 | 1.660691 | 0.837847 | 3.525547 | 13.839416 | 0.883212 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Housing Opportunities Made Equal
(HOME) Act''.
SEC. 2. AMENDING THE FAIR HOUSING ACT TO PROHIBIT CERTAIN
DISCRIMINATION.
(a) In General.--
(1) Section 804 of the Fair Housing Act (42 U.S.C. 3604) is
amended by inserting ``sexual orientation, gender identity,
source of income, marital status,'' after ``sex,'' each place
it appears.
(2) Section 805 of the Fair Housing Act (42 U.S.C. 3605) is
amended by inserting ``sexual orientation, gender identity,
source of income, marital status,'' after ``sex,'' each place
it appears.
(3) Section 806 of the Fair Housing Act (42 U.S.C. 3606) is
amended by inserting ``sexual orientation, gender identity,
source of income, marital status,'' after ``sex,''.
(b) Prevention of Intimidation.--Section 901 of the Civil Rights
Act of 1968 (42 U.S.C. 3631) is amended by inserting ``sexual
orientation, gender identity, source of income, marital status,'' after
``sex,'' each place it appears.
(c) Definitions.--Section 802 of the Fair Housing Act (42 U.S.C.
3602) is amended by adding at the end the following:
``(p) `Gender identity' means the gender-related identity,
appearance, or mannerisms or other gender-related
characteristics of an individual, with or without regard to the
individual's designated sex at birth.
``(q) `Sexual orientation' means homosexuality,
heterosexuality, or bisexuality.
``(r) `Source of income' means the receipt of Federal,
State, or local public assistance including medical assistance,
or the receipt by a tenant or applicant of Federal, State, or
local housing subsidies, including rental assistance under
section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) or other rental assistance or rental supplements.
``(s) `Marital status' has the same meaning given that term
for purposes of the Equal Credit Opportunity Act.''.
SEC. 3. AMENDING THE FAIR HOUSING ACT TO EXTEND THE DEFINITION OF
DISCRIMINATORY HOUSING PRACTICE.
Section 802(f) of the Fair Housing Act (42 U.S.C. 3602(f)) is
amended to read as follows:
``(f) `Discriminatory housing practice' means an act that is
unlawful under section 804, 805, 806, or 818 of this title, whether
occurring pre- or post-acquisition, and also includes a failure to
comply with the section 808(e)(5) of this title or a regulation made to
carry out section 808(e)(5).''.
SEC. 4. AMENDING THE FAIR HOUSING ACT DEFINITION OF ``FAMILIAL
STATUS''.
Section 802(k) of the Fair Housing Act (42 U.S.C. 3602(k)) is
amended to read as follows:
``(k) `Familial status' means one or more individuals (who have not
attained the age of 18 years) residing with--
``(1) a parent, foster parent, or another person having
legal or physical custody of such individual or individuals; or
``(2) anyone standing in loco parentis of such individual
or individuals.
The protections afforded against discrimination on the basis of
familial status apply to any person who is pregnant or in the process
of securing legal custody of an individual who has not attained the age
of 18 years.''.
SEC. 5. AMENDING THE FAIR HOUSING ACT AND THE EQUAL CREDIT OPPORTUNITY
ACT TO PROVIDE THE DEPARTMENT OF JUSTICE WITH PRE-
LITIGATION SUBPOENA POWER.
(a) Equal Credit Opportunity Act.--Section 706(h) of the Equal
Credit Opportunity Act (15 U.S.C. 1691e(h)) is amended--
(1) by inserting ``(1)'' after ``(h)''; and
(2) by adding at the end the following:
``(2) If the Attorney General has reason to believe that
any person may be in possession, custody, or control of any
documentary material or information relevant to an
investigation under this title, the Attorney General may,
before commencing a civil action under paragraph (1), issue in
writing and cause to be served upon the person, a civil
investigative demand. The authority to issue and enforce civil
investigative demands under this paragraph shall be identical
to the authority of the Attorney General under section 3733 of
title 31, United States Code, except that the provisions of
that section relating to qui tam relators shall not apply.''.
(b) Fair Housing Act.--Section 814(c) of the Fair Housing Act (42
U.S.C. 3614(c)) is amended--
(1) by striking ``The Attorney General'' and inserting the
following:
``(1) In general.--The Attorney General''; and
(2) by adding at the end the following:
``(2) Civil investigative demands.--If the Attorney General
has reason to believe that any person may be in possession,
custody, or control of any documentary material or information
relevant to an investigation under this title, the Attorney
General may, before commencing a civil proceeding under this
subsection, issue in writing and cause to be served upon the
person, a civil investigative demand. The authority to issue
and enforce civil investigative demands under this paragraph
shall be identical to the authority of the Attorney General
under section 3733 of title 31, United States Code, except that
the provisions of that section relating to qui tam relators
shall not apply.''.
SEC. 6. AMENDING THE FAIR HOUSING ACT SO THAT DISCRIMINATION IN REAL
ESTATE-RELATED TRANSACTIONS INCLUDES THE FAILURE TO MAKE
REASONABLE ACCOMMODATIONS FOR PEOPLE WITH DISABILITIES.
Section 805(a) of the Fair Housing Act (42 U.S.C. 3605(a)) is
amended by adding at the end the following; ``For the purposes of this
section, discrimination against a person because of handicap includes
the failure, in connection with a real estate-related transaction, to
make reasonable accommodations for such persons.''.
SEC. 7. AMENDING THE FAIR HOUSING ACT TO CHANGE CERTAIN LIMITATIONS ON
FILING COMPLAINTS AND COMMENCING CIVIL ACTIONS.
(a) Section 810.--Section 810(a)(1)(A) of the Fair Housing Act (42
U.S.C. 3610(a)(1)(A)) is amended by inserting after the first sentence
the following: ``The failure to design and construct a dwelling as
required by section 804(f)(3)(C) shall be deemed to continue until such
time as the dwelling conforms to the requirements of that section.''.
(b) Section 813.--Section 813(a)(1)(A) of the Fair Housing Act (42
U.S.C. 3613(a)(1)(A)) is amended by adding at the end the following:
``The failure to design and construct a dwelling as required by section
804(f)(3)(C) shall be deemed to continue until such time as the
dwelling conforms to the requirements of that section.''. | Housing Opportunities Made Equal (HOME) Act - Amends the Fair Housing Act to prohibit discrimination on the basis of sexual orientation, gender identity, source of income, or marital status in housing sales and rentals, residential real estate-related transactions, and brokerage services.
Amends the Civil Rights Act of 1968 to prohibit the intimidation, interference, or injury of individuals because of their sexual orientation, gender identity, source of income, or marital status.
Redefines "discriminatory housing practice" to specify that the definition: (1) applies regardless of whether the discriminatory practices occur pre- or post-acquisition; and (2) includes a failure to comply with administrative requirements of the Secretary of Housing and Urban Development (HUD), including related regulations, in a manner affirmatively to further nondiscrimination policies.
Redefines "familial status" to include individuals (under age 18) residing with: (1) a foster parent or another person having physical custody of such individuals; or (2) anyone standing in loco parentis of such individuals (currently, the designee of such parent or other person having such custody, with the parent's or other person's written permission).
Amends the Equal Credit Opportunity Act and the Fair Housing Act to grant the Attorney General pre-litigation subpoena power if there is reason to believe that any person may be in possession, custody, or control of any documentary material or information relevant to an investigation under the respective Act.
States that discrimination against a person because of a handicap includes the failure, in connection with a real estate-related transaction, to make reasonable accommodations for such persons.
Revises the limitations on filing complaints and commencing civil actions by certain individuals alleging discriminatory housing practices to deem that the failure to design and construct a dwelling that meets requirements for reasonable modifications for handicapped persons shall continue (and with it the alleged discriminatory housing practice) until such time as the dwelling conforms to them. | {"src": "billsum_train", "title": "To amend the Fair Housing Act, and for other purposes."} | 1,742 | 426 | 0.515385 | 1.692478 | 0.684267 | 3.657754 | 3.775401 | 0.860963 |
SECTION 1. CONVEYANCE OF CERTAIN LIGHTHOUSES LOCATED IN MAINE.
(a) Authority To Convey.--
(1) In general.--Subject to paragraphs (3) and (4), the
Secretary of Transportation may convey, without consideration,
to the Island Institute, Rockland, Maine (in this section
referred to as the ``Institute''), all right, title, and
interest of the United States in and to any of the facilities
and real property and improvements described in paragraph (2).
(2) Covered facilities.--Paragraph (1) applies to
lighthouses, together with any real property and other
improvements associated therewith, located in the State of
Maine as follows:
(A) Whitehead Island Light.
(B) Deer Island Thorofare (Mark Island) Light.
(C) Burnt Island Light.
(D) Rockland Harbor Breakwater Light.
(E) Monhegan Island Light.
(F) Eagle Island Light.
(G) Curtis Island Light.
(H) Moose Peak Light.
(I) Great Duck Island Light.
(J) Goose Rocks Light.
(K) Isle au Haut Light.
(L) Goat Island Light.
(M) Wood Island Light.
(N) Doubling Point Light.
(O) Doubling Point Front Range Light.
(P) Doubling Point Rear Range Light.
(Q) Little River Light.
(R) Spring Point Ledge Light.
(S) Ram Island Light (Boothbay).
(T) Seguin Island Light.
(U) Marshall Point Light.
(V) Fort Point Light.
(W) West Quoddy Head Light.
(X) Brown's Head Light.
(Y) Cape Neddick Light.
(Z) Halfway Rock Light.
(AA) Ram Island Ledge Light.
(BB) Mount Desert Rock Light.
(CC) Whitlock's Mill Light.
(3) Limitation on conveyance.--The Secretary shall retain
all right, title, and interest of the United States in and to
any historical artifact, including any lens or lantern, that is
associated with the lighthouses conveyed under this subsection,
whether located at the lighthouse or elsewhere. The Secretary
shall identify any equipment, system, or object covered by this
paragraph.
(4) Deadline for conveyance.--The conveyances authorized by
this subsection shall take place, if at all, not later than 5
years after the date of the enactment of this Act.
(5) Additional conveyances to united states fish and
wildlife service.--The Secretary may transfer, in accordance
with the terms and conditions of subsection (b), the following
lighthouses, together with any real property and improvements
associated therewith, directly to the United States Fish and
Wildlife Service:
(A) Two Bush Island Light.
(B) Egg Rock Light.
(C) Libby Island Light.
(D) Matinicus Rock Light.
(b) Conditions of Conveyance.--The conveyance of a lighthouse, and
any real property and improvements associated therewith, under
subsection (a) shall be subject to the following conditions:
(1) That the lighthouse and any such property and
improvements be used for educational, historic, recreational,
cultural, and wildlife conservation programs for the general
public and for such other uses as the Secretary determines to
be not inconsistent or incompatible with such uses.
(2) That the lighthouse and any such property and
improvements be maintained at no cost to the United States in a
manner that ensures the use of the lighthouse by the Coast
Guard as an aid to navigation.
(3) That the use of the lighthouse and any such property
and improvements by the Coast Guard as an aid to navigation not
be interfered with, except with the written permission of the
Secretary.
(4) That the lighthouse and any such property and
improvements be maintained in a manner consistent with the
provisions of the National Historic Preservation Act (16 U.S.C.
470 et seq.).
(5) That public access to the lighthouse and any such
property and improvements be ensured.
(c) Reservations.--In the conveyance of a lighthouse under
subsection (a)(1), the Secretary shall reserve to the United States the
following:
(1) The right to enter the lighthouse, and any real
property and improvements conveyed therewith, at any time,
without notice, for purposes of maintaining any aid to
navigation at the lighthouse, including any light, antennae,
sound signal, and associated equipment located at the
lighthouse, and any electronic navigation equipment or system
located at the lighthouse.
(2) The right to enter the lighthouse and any such property
and improvements at any time, without notice, for purposes of
relocating, replacing, or improving any such aid to navigation,
or to carry out any other activity necessary in aid of
navigation.
(3) An easement of ingress and egress onto the real
property conveyed for the purposes referred to in paragraphs
(1) and (2).
(4) An easement over such portion of such property as the
Secretary considers appropriate in order to ensure the
visibility of the lighthouse for navigation purposes.
(5) The right to obtain and remove any historical artifact,
including any lens or lantern that the Secretary has identified
pursuant to paragraph (3) of subsection (a).
(d) Maintenance of Aids to Navigation.--The Secretary may not
impose upon the Institute, or upon any entity to which the Institute
conveys a lighthouse under subsection (g), an obligation to maintain
any aid to navigation at a lighthouse conveyed under subsection (a)(1).
(e) Reversionary Interest.--All right, title, and interest in and
to a lighthouse and any real property and improvements associated
therewith that is conveyed to the Institute under subsection (a)(1)
shall revert to the United States and the United States shall have the
right of immediate entry thereon if--
(1) the Secretary determines at any time that the
lighthouse, and any property and improvements associated
therewith, is not being utilized or maintained in accordance
with subsection (b); or
(2) the Secretary determines that--
(A) the Institute is unable to identify an entity
eligible for the conveyance of the lighthouse under
subsection (g) within the 3-year period beginning on
the date of the conveyance of the lighthouse to the
Institute under subsection (a)(1); or
(B) in the event that the Institute identifies an
entity eligible for the conveyance within that period--
(i) the entity is unable or unwilling to
accept the conveyance and the Institute is
unable to identify another entity eligible for
the conveyance within that period; or
(ii) the committee established under
subsection (g)(3)(A) disapproves of the entity
identified by the Institute and the Institute
is unable to identify another entity eligible
for the conveyance within that period.
(f) Inspection.--The State Historic Preservation Officer of the
State of Maine may inspect any lighthouse, and any real property and
improvements associated therewith, that is conveyed under this section
at any time, without notice, for purposes of ensuring that the
lighthouse is being maintained in the manner required under subsections
(b)(4) and (b)(5). The United States Fish and Wildlife Service, the
Institute, and any subsequent conveyee of the Institute under
subsection (g), shall cooperate with the official referred to in the
preceding sentence in the inspections of that official under this
subsection.
(g) Subsequent Conveyance.--
(1) Requirement.--
(A) In general.--Except as provided in subparagraph
(B), the Institute shall convey, without consideration,
all right, title, and interest of the Institute in and
to the lighthouses conveyed to the Institute under
subsection (a)(1), together with any real property and
improvements associated therewith, to one or more
entities identified under paragraph (2) and approved by
the committee established under paragraph (3) in
accordance with the provisions of such paragraph (3).
(B) Exception.--The Institute, with the concurrence
of the committee and in accordance with the terms and
conditions of subsection (b), may retain right, title,
and interest in and to the following lighthouses
conveyed to the Institute:
(i) Whitehead Island Light.
(ii) Deer Island Thorofare (Mark Island)
Light.
(2) Identification of eligible entities.--
(A) In general.--Subject to subparagraph (B), the
Institute shall identify entities eligible for the
conveyance of a lighthouse under this subsection. Such
entities shall include any department or agency of the
Federal Government, any department or agency of the
Government of the State of Maine, any local government
in that State, or any nonprofit corporation,
educational agency, or community development
organization that--
(i) is financially able to maintain the
lighthouse (and any real property and
improvements conveyed therewith) in accordance
with the conditions set forth in subsection
(b);
(ii) agrees to permit the inspections
referred to in subsection (f); and
(iii) agrees to comply with the conditions
set forth in subsection (b) and to have such
conditions recorded with the deed of title to
the lighthouse and any real property and
improvements that may be conveyed therewith.
(B) Order of priority.--In identifying entities
eligible for the conveyance of a lighthouse under this
paragraph, the Institute shall give priority to
entities in the following order, which are also the
exclusive entities eligible for the conveyance of a
lighthouse under this section:
(i) Agencies of the Federal Government.
(ii) Entities of the Government of the
State of Maine.
(iii) Entities of local governments in the
State of Maine.
(iv) Nonprofit corporations, educational
agencies, and community development
organizations.
(3) Selection of conveyees among eligible entities.--
(A) Committee.--
(i) In general.--There is hereby
established a committee to be known as the
Maine Lighthouse Selection Committee (in this
paragraph referred to as the ``Committee'').
(ii) Membership.--The Committee shall
consist of five members appointed by the
Secretary as follows:
(I) One member, who shall serve as
the Chairman of the Committee, shall be
appointed from among individuals
recommended by the Governor of the
State of Maine.
(II) One member shall be the State
Historic Preservation Officer of the
State of Maine, with the consent of
that official, or a designee of that
official.
(III) One member shall be appointed
from among individuals recommended by
State and local organizations in the
State of Maine that are concerned with
lighthouse preservation or maritime
heritage matters.
(IV) One member shall be appointed
from among individuals recommended by
officials of local governments of the
municipalities in which the lighthouses
referred to in subsection (a) are
located.
(V) One member shall be appointed
from among individuals recommended by
the Secretary of the Interior.
(iii) Appointment deadline.--The Secretary
shall appoint the members of the Committee not
later than 180 days after the date of the
enactment of this Act.
(iv) Membership term.--
(I) Members of the Committee shall
serve for such terms not longer than 3
years as the Secretary shall provide.
The Secretary may stagger the terms of
initial members of the Committee in
order to ensure continuous activity by
the Committee.
(II) Any member of the Committee
may serve after the expiration of the
term of the member until a successor to
the member is appointed. A vacancy in
the Committee shall be filled in the
same manner in which the original
appointment was made.
(v) Voting.--The Committee shall act by an
affirmative vote of a majority of the members
of the Committee.
(B) Responsibilities.--
(i) In general.--The Committee shall--
(I) review the entities identified
by the Institute under paragraph (2) as
entities eligible for the conveyance of
a lighthouse; and
(II) approve one such entity, or
disapprove all such entities, as
entities to which the Institute may
make the conveyance of the lighthouse
under this subsection.
(ii) Approval.--If the Committee approves
an entity for the conveyance of a lighthouse,
the Committee shall notify the Institute of
such approval.
(iii) Disapproval.--If the Committee
disapproves of the entities, the Committee
shall notify the Institute and, subject to
subsection (e)(2)(B), the Institute shall
identify other entities eligible for the
conveyance of the lighthouse under paragraph
(2). The Committee shall review and approve or
disapprove of entities identified pursuant to
the preceding sentence in accordance with this
subparagraph.
(C) Exemption from faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
Committee, however, all meetings of the Committee shall
be open to the public and preceded by appropriate
public notice.
(D) Termination.--The Committee shall terminate 8
years from the date of the enactment of this Act.
(4) Conveyance.--Upon notification under paragraph
(3)(B)(ii) of the approval of an entity for the conveyance of a
lighthouse under this subsection, the Institute shall, with the
consent of the entity, convey the lighthouse to the entity.
(5) Responsibilities of conveyees.--Each entity to which
the Institute conveys a lighthouse under this subsection, or
any successor or assign of such entity in perpetuity, shall--
(A) use and maintain the lighthouse in accordance
with subsection (b) and have such terms and conditions
recorded with the deed of title to the lighthouse and
any real property conveyed therewith; and
(B) permit the inspections referred to in
subsection (f).
(h) Description of Property.--The exact acreage and legal
description of any lighthouse, and any real property and improvements
associated therewith, conveyed under subsection (a) shall be determined
by the Secretary.
(i) Report.--Not later than 1 year after the date of the enactment
of this Act, and annually thereafter for the next 7 years, the
Secretary shall submit to Congress a report on the conveyance of
lighthouses under this section. The report shall include a description
of the implementation of the provisions of this section, and the
requirements arising under such provisions, in--
(1) providing for the use and maintenance of the
lighthouses conveyed under this section in accordance with
subsection (b);
(2) providing for public access to such lighthouses; and
(3) achieving the conveyance of lighthouses to appropriate
entities under subsection (g).
(j) Additional Terms and Conditions.--The Secretary may require any
additional terms and conditions in connection with a conveyance under
subsection (a) that the Secretary considers appropriate in order to
protect the interests of the United States. | Authorizes the Secretary of Transportation to convey all right (except specified easements and related rights), title, and interest, without consideration, in certain lighthouses located in the State of Maine to the Island Institute, Rockland, Maine. Requires the Institute to subsequently convey all but two of the lighthouses, without consideration, to specified eligible Federal, State and local governments, as well as nonprofit corporations, educational agencies, and community development organizations.
Establishes the Maine Lighthouse Selection Committee, which shall either approve or disapprove an entity for the conveyance of a lighthouse from the Institute.
Authorizes the Secretary to transfer specified lighthouses to the United States Fish and Wildlife Service. | {"src": "billsum_train", "title": "A bill to provide for the conveyance of certain lighthouses located in the State of Maine."} | 3,224 | 150 | 0.505974 | 1.47963 | 0.771487 | 3.132813 | 23.757813 | 0.882813 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eastern New Mexico Rural Water
System Authorization Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Authority.--The term ``Authority'' means the Eastern
New Mexico Rural Water Authority, an entity formed under State
law for the purposes of planning, financing, developing, and
operating the System.
(2) Engineering report.--The term ``engineering report''
means the report entitled ``Eastern New Mexico Rural Water
System Preliminary Engineering Report'' and dated October 2006.
(3) Plan.--The term ``plan'' means the operation,
maintenance, and replacement plan required by section 4(b).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of New
Mexico.
(6) System.--
(A) In general.--The term ``System'' means the
Eastern New Mexico Rural Water System, a water delivery
project designed to deliver approximately 16,500 acre-
feet of water per year from the Ute Reservoir to the
cities of Clovis, Elida, Grady, Melrose, Portales, and
Texico and other locations in Curry, Roosevelt, and
Quay Counties in the State.
(B) Inclusions.--The term ``System'' includes the
major components and associated infrastructure
identified as the ``Best Technical Alternative'' in the
engineering report.
(7) Ute reservoir.--The term ``Ute Reservoir'' means the
impoundment of water created in 1962 by the construction of the
Ute Dam on the Canadian River, located approximately 32 miles
upstream of the border between New Mexico and Texas.
SEC. 3. EASTERN NEW MEXICO RURAL WATER SYSTEM.
(a) Financial Assistance.--
(1) In general.--The Secretary may provide financial and
technical assistance to the Authority to assist in planning,
designing, conducting related preconstruction activities for,
and constructing the System.
(2) Use.--
(A) In general.--Any financial assistance provided
under paragraph (1) shall be obligated and expended
only in accordance with a cooperative agreement entered
into under section 5(a)(2).
(B) Limitations.--Financial assistance provided
under paragraph (1) shall not be used--
(i) for any activity that is inconsistent
with constructing the System; or
(ii) to plan or construct facilities used
to supply irrigation water for irrigated
agricultural purposes.
(b) Cost-Sharing Requirement.--
(1) In general.--The Federal share of the total cost of any
activity or construction carried out using amounts made
available under this Act shall be not more than 75 percent of
the total cost of the System.
(2) System development costs.--For purposes of paragraph
(1), the total cost of the System shall include any costs
incurred by the Authority or the State on or after October 1,
2003, for the development of the System.
(c) Limitation.--No amounts made available under this Act may be
used for the construction of the System until--
(1) a plan is developed under section 4(b); and
(2) the Secretary and the Authority have complied with any
requirements of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) applicable to the System.
(d) Title to Project Works.--Title to the infrastructure of the
System shall be held by the Authority or as may otherwise be specified
under State law.
SEC. 4. OPERATION, MAINTENANCE, AND REPLACEMENT COSTS.
(a) In General.--The Authority shall be responsible for the annual
operation, maintenance, and replacement costs associated with the
System.
(b) Operation, Maintenance, and Replacement Plan.--The Authority,
in consultation with the Secretary, shall develop an operation,
maintenance, and replacement plan that establishes the rates and fees
for beneficiaries of the System in the amount necessary to ensure that
the System is properly maintained and capable of delivering
approximately 16,500 acre-feet of water per year.
SEC. 5. ADMINISTRATIVE PROVISIONS.
(a) Cooperative Agreements.--
(1) In general.--The Secretary may enter into any contract,
grant, cooperative agreement, or other agreement that is
necessary to carry out this Act.
(2) Cooperative agreement for provision of financial
assistance.--
(A) In general.--The Secretary shall enter into a
cooperative agreement with the Authority to provide
financial assistance and any other assistance requested
by the Authority for planning, design, related
preconstruction activities, and construction of the
System.
(B) Requirements.--The cooperative agreement
entered into under subparagraph (A) shall, at a
minimum, specify the responsibilities of the Secretary
and the Authority with respect to--
(i) ensuring that the cost-share
requirements established by section 3(b) are
met;
(ii) completing the planning and final
design of the System;
(iii) any environmental and cultural
resource compliance activities required for the
System; and
(iv) the construction of the System.
(b) Technical Assistance.--At the request of the Authority, the
Secretary may provide to the Authority any technical assistance that is
necessary to assist the Authority in planning, designing, constructing,
and operating the System.
(c) Biological Assessment.--The Secretary shall consult with the
New Mexico Interstate Stream Commission and the Authority in preparing
any biological assessment under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) that may be required for planning and constructing
the System.
(d) Effect.--Nothing in this Act--
(1) affects or preempts--
(A) State water law; or
(B) an interstate compact relating to the
allocation of water; or
(2) confers on any non-Federal entity the ability to
exercise any Federal rights to--
(A) the water of a stream; or
(B) any groundwater resource.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--In accordance with the adjustment carried out
under subsection (b), there is authorized to be appropriated to the
Secretary to carry out this Act an amount not greater than
$327,000,000.
(b) Adjustment.--The amount made available under subsection (a)
shall be adjusted to reflect changes in construction costs occurring
after January 1, 2007, as indicated by engineering cost indices
applicable to the types of construction necessary to carry out this
Act.
(c) Nonreimbursable Amounts.--Amounts made available to the
Authority in accordance with the cost-sharing requirement under section
3(b) shall be nonreimbursable and nonreturnable to the United States.
(d) Availability of Funds.--At the end of each fiscal year, any
unexpended funds appropriated pursuant to this Act shall be retained
for use in future fiscal years consistent with this Act. | Eastern New Mexico Rural Water System Authorization Act - (Sec. 3) Authorizes the Secretary of the Interior to provide financial and technical assistance to the Eastern New Mexico Rural Water Authority to assist in planning, designing, conducting preconstruction activities for, and constructing the Eastern New Mexico Rural Water System.
Limits the federal share of the cost of any activity to 75%. Provides that the total cost of the System shall include any costs incurred by the Authority or the state of New Mexico on or after October 1, 2003, for System development.
(Sec. 4) Makes the Authority responsible for annual operation, maintenance, and replacement costs. Directs the Authority to develop an operation, maintenance, and replacement plan that establishes rates and fees necessary to ensure that the System is properly maintained and capable of delivering approximately 16,500 acre-feet of water per year. Prohibits the use of funds under this Act until such plan is developed and until the Secretary and the Authority have complied with applicable requirements of the National Environmental Policy Act of 1969.
(Sec. 5) Directs the Secretary to: (1) enter into a cooperative agreement to provide financial and any other assistance requested by the Authority for planning, design, related preconstruction activities, and construction of the System, subject to specified requirements; and (2) consult with the New Mexico Interstate Stream Commission and the Authority in preparing any required biological assessment under the Endangered Species Act of 1973. Authorizes the Secretary, at the Authority's request, to provide technical assistance in planning, designing, constructing, and operating the System.
(Sec. 6) Authorizes appropriations. Requires: (1) the amount made available to be adjusted to reflect changes in construction costs occurring after January 1, 2007, as indicated by engineering cost indices applicable to the types of construction necessary to carry out this Act; (2) amounts made available to the Authority in accordance with the cost-sharing requirement to be nonreimbursable and nonreturnable to the United States; and (3) any unexpended appropriated funds to be retained for use in future fiscal years consistent with this Act. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of the Interior to provide financial assistance to the Eastern New Mexico Rural Water Authority for the planning, design, and construction of the Eastern New Mexico Rural Water System, and for other purposes."} | 1,571 | 458 | 0.641355 | 2.080538 | 0.860885 | 5.334152 | 3.36855 | 0.960688 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gerardo Hernandez Airport Security
Act of 2015''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Homeland Security (Transportation
Security) of the Department of Homeland Security.
(2) Administration.--The term ``Administration'' means the
Transportation Security Administration.
SEC. 3. SECURITY INCIDENT RESPONSE AT AIRPORTS.
(a) In General.--The Assistant Secretary shall, in consultation
with other Federal agencies as appropriate, conduct outreach to all
airports in the United States at which the Administration performs, or
oversees the implementation and performance of, security measures, and
provide technical assistance as necessary, to verify such airports have
in place individualized working plans for responding to security
incidents inside the perimeter of the airport, including active
shooters, acts of terrorism, and incidents that target passenger-
screening checkpoints.
(b) Types of Plans.--Such plans may include, but may not be limited
to, the following:
(1) A strategy for evacuating and providing care to persons
inside the perimeter of the airport, with consideration given to
the needs of persons with disabilities.
(2) A plan for establishing a unified command, including
identification of staging areas for non-airport-specific law
enforcement and fire response.
(3) A schedule for regular testing of communications equipment
used to receive emergency calls.
(4) An evaluation of how emergency calls placed by persons
inside the perimeter of the airport will reach airport police in an
expeditious manner.
(5) A practiced method and plan to communicate with travelers
and all other persons inside the perimeter of the airport.
(6) To the extent practicable, a projected maximum timeframe
for law enforcement response to active shooters, acts of terrorism,
and incidents that target passenger security-screening checkpoints.
(7) A schedule of joint exercises and training to be conducted
by the airport, the Administration, other stakeholders such as
airport and airline tenants, and any relevant law enforcement,
airport police, fire, and medical personnel.
(8) A schedule for producing after-action joint exercise
reports to identify and determine how to improve security incident
response capabilities.
(9) A strategy, where feasible, for providing airport law
enforcement with access to airport security video surveillance
systems at category X airports where those systems were purchased
and installed using Administration funds.
(c) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act, the Assistant Secretary shall report to the
Committee on Homeland Security of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate on the
findings from its outreach to airports under subsection (a), including
an analysis of the level of preparedness such airports have to respond
to security incidents, including active shooters, acts of terrorism,
and incidents that target passenger-screening checkpoints.
SEC. 4. DISSEMINATING INFORMATION ON BEST PRACTICES.
The Assistant Secretary shall--
(1) identify best practices that exist across airports for
security incident planning, management, and training; and
(2) establish a mechanism through which to share such best
practices with other airport operators nationwide.
SEC. 5. CERTIFICATION.
Not later than 90 days after the date of enactment of this Act, and
annually thereafter, the Assistant Secretary shall certify in writing
to the Committee on Homeland Security of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate that all screening personnel have participated in practical
training exercises for active shooter scenarios.
SEC. 6. REIMBURSABLE AGREEMENTS.
Not later than 90 days after the enactment of this Act, the
Assistant Secretary shall provide to the Committee on Homeland Security
of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate an analysis of how the Administration
can use cost savings achieved through efficiencies to increase over the
next 5 fiscal years the funding available for checkpoint screening law
enforcement support reimbursable agreements.
SEC. 7. SECURITY INCIDENT RESPONSE FOR SURFACE TRANSPORTATION SYSTEMS.
(a) In General.--The Assistant Secretary shall, in consultation
with the Secretary of Transportation, and other relevant agencies,
conduct outreach to all passenger transportation agencies and providers
with high-risk facilities, as identified by the Assistant Secretary, to
verify such agencies and providers have in place plans to respond to
active shooters, acts of terrorism, or other security-related incidents
that target passengers.
(b) Types of Plans.--As applicable, such plans may include, but may
not be limited to, the following:
(1) A strategy for evacuating and providing care to
individuals, with consideration given to the needs of persons with
disabilities.
(2) A plan for establishing a unified command.
(3) A plan for frontline employees to receive active shooter
training.
(4) A schedule for regular testing of communications equipment
used to receive emergency calls.
(5) An evaluation of how emergency calls placed by individuals
using the transportation system will reach police in an expeditious
manner.
(6) A practiced method and plan to communicate with individuals
using the transportation system.
(c) Report to Congress.--Not later than 180 days after the date of
enactment of this Act, the Assistant Secretary shall report to the
Committee on Homeland Security of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate on the
findings from its outreach to the agencies and providers under
subsection (a), including an analysis of the level of preparedness such
transportation systems have to respond to security incidents.
(d) Dissemination of Best Practices.--The Assistant Secretary shall
identify best practices for security incident planning, management, and
training and establish a mechanism through which to share such
practices with passenger transportation agencies nationwide.
SEC. 8. NO ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.
No additional funds are authorized to be appropriated to carry out
this Act, and this Act shall be carried out using amounts otherwise
available for such purpose.
SEC. 9. INTEROPERABILITY REVIEW.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Assistant Secretary shall, in consultation with the
Assistant Secretary of the Office of Cybersecurity and Communications,
conduct a review of the interoperable communications capabilities of
the law enforcement, fire, and medical personnel responsible for
responding to a security incident, including active shooter events,
acts of terrorism, and incidents that target passenger-screening
checkpoints, at all airports in the United States at which the
Administration performs, or oversees the implementation and performance
of, security measures.
(b) Report.--Not later than 30 days after the completion of the
review, the Assistant Secretary shall report the findings of the review
to the Committee on Homeland Security of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the Senate on August 5, 2015. Gerardo Hernandez Airport Security Act of 2015 (Sec. 3) Directs the Transportation Security Administration (TSA) of the Department of Homeland Security to: (1) conduct outreach to all U.S. airports at which the TSA performs, or oversees the implementation and performance of, security measures; and (2) give necessary technical assistance to verify that such airports have in place individualized working plans for responding to security incidents inside the airport perimeter, including active shooters, acts of terrorism, and incidents that target passenger-screening checkpoints. Requires the TSA to report to Congress on the outreach findings, including an analysis of the level of preparedness such airports have to respond to such incidents. (Sec. 4) Requires the TSA to: (1) identify best practices that exist across airports for security incident planning, management, and training; and (2) establish a mechanism through which to share those best practices with other airport operators nationwide. (Sec. 5) Requires the TSA also to: (1) certify annually to specified congressional committees that all screening personnel have participated in practical training exercises for active shooter scenarios, and (2) analyze for those same committees how TSA can use cost savings achieved through efficiencies to increase over the next five fiscal years the funding available for checkpoint screening law enforcement support reimbursable agreements. (Sec. 7) Directs the TSA to: (1) conduct outreach to all passenger transportation agencies and providers with high-risk facilities to verify that they have in place plans for responding to active shooters, acts of terrorism, or other security-related incidents that target passengers; and (2) identify best practices for security incident planning, management, and training and establish a mechanism through which to share such practices with passenger transportation agencies nationwide. (Sec. 8) Declares that no additional appropriations are authorized to carry out this Act. Requires this Act to be carried out using amounts otherwise available. (Sec. 9) Requires the TSA to review the interoperable communications capabilities of law enforcement, fire, and medical personnel responsible for responding to security incidents at all U.S. airports at which the TSA performs, or oversees the implementation and performance of, security measures. | {"src": "billsum_train", "title": "Gerardo Hernandez Airport Security Act of 2015"} | 1,528 | 505 | 0.682998 | 2.221321 | 0.798933 | 5.281179 | 3.297052 | 0.904762 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Artist-Museum Partnership Act of
2009''.
SEC. 2. CHARITABLE CONTRIBUTIONS OF CERTAIN ITEMS CREATED BY THE
TAXPAYER.
(a) In General.--Subsection (e) of section 170 of the Internal
Revenue Code of 1986 (relating to certain contributions of ordinary
income and capital gain property) is amended by adding at the end the
following new paragraph:
``(8) Special rule for certain contributions of literary,
musical, or artistic compositions.--
``(A) In general.--In the case of a qualified
artistic charitable contribution--
``(i) the amount of such contribution shall
be the fair market value of the property
contributed (determined at the time of such
contribution), and
``(ii) no reduction in the amount of such
contribution shall be made under paragraph (1).
``(B) Qualified artistic charitable contribution.--
For purposes of this paragraph, the term `qualified
artistic charitable contribution' means a charitable
contribution of any literary, musical, artistic, or
scholarly composition, or similar property, or the
copyright thereon (or both), but only if--
``(i) such property was created by the
personal efforts of the taxpayer making such
contribution no less than 18 months prior to
such contribution,
``(ii) the taxpayer--
``(I) has received a qualified
appraisal of the fair market value of
such property in accordance with the
regulations under this section, and
``(II) attaches to the taxpayer's
income tax return for the taxable year
in which such contribution was made a
copy of such appraisal,
``(iii) the donee is an organization
described in subsection (b)(1)(A),
``(iv) the use of such property by the
donee is related to the purpose or function
constituting the basis for the donee's
exemption under section 501 (or, in the case of
a governmental unit, to any purpose or function
described under subsection (c)),
``(v) the taxpayer receives from the donee
a written statement representing that the
donee's use of the property will be in
accordance with the provisions of clause (iv),
and
``(vi) the written appraisal referred to in
clause (ii) includes evidence of the extent (if
any) to which property created by the personal
efforts of the taxpayer and of the same type as
the donated property is or has been--
``(I) owned, maintained, and
displayed by organizations described in
subsection (b)(1)(A), and
``(II) sold to or exchanged by
persons other than the taxpayer, donee,
or any related person (as defined in
section 465(b)(3)(C)).
``(C) Maximum dollar limitation; no carryover of
increased deduction.--The increase in the deduction
under this section by reason of this paragraph for any
taxable year--
``(i) shall not exceed the artistic
adjusted gross income of the taxpayer for such
taxable year, and
``(ii) shall not be taken into account in
determining the amount which may be carried
from such taxable year under subsection (d).
``(D) Artistic adjusted gross income.--For purposes
of this paragraph, the term `artistic adjusted gross
income' means that portion of the adjusted gross income
of the taxpayer for the taxable year attributable to--
``(i) income from the sale or use of
property created by the personal efforts of the
taxpayer which is of the same type as the
donated property, and
``(ii) income from teaching, lecturing,
performing, or similar activity with respect to
property described in clause (i).
``(E) Paragraph not to apply to certain
contributions.--Subparagraph (A) shall not apply to any
charitable contribution of any letter, memorandum, or
similar property which was written, prepared, or
produced by or for an individual while the individual
is an officer or employee of any person (including any
Government agency or instrumentality) unless such
letter, memorandum, or similar property is entirely
personal.
``(F) Copyright treated as separate property for
partial interest rule.--In the case of a qualified
artistic charitable contribution, the tangible
literary, musical, artistic, or scholarly composition,
or similar property and the copyright on such work
shall be treated as separate properties for purposes of
this paragraph and subsection (f)(3).''.
(b) Effective Date.--The amendment made by this section shall apply
to contributions made after the date of the enactment of this Act in
taxable years ending after such date. | Artist-Museum Partnership Act of 2009 - Amends the Internal Revenue Code to allow taxpayers who create literary, musical, artistic, or scholarly compositions or similar property a fair market value (determined at the time of contribution) tax deduction for contributions of such properties, the copyrights thereon, or both, to certain tax-exempt organizations, if such properties are properly appraised and are donated no sooner than 18 months after their creation. Limits the amount of such deduction based upon the donor's artistic adjusted gross income, as defined by this Act. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide that a deduction equal to fair market value shall be allowed for charitable contributions of literary, musical, artistic, or scholarly compositions created by the donor."} | 1,033 | 123 | 0.601623 | 1.59781 | 0.575564 | 2.451923 | 9.384615 | 0.817308 |
SECTION 1. MARJORY STONEMAN DOUGLAS WILDERNESS AND ERNEST F. COE
VISITOR CENTER, EVERGLADES NATIONAL PARK.
(a) Findings.--The Congress finds the following:
(1) Marjory Stoneman Douglas, through her book, ``The
Everglades: River of Grass'' (1947), defined the Everglades for
the American people and for the world. Her book was the first
to stimulate widespread understanding of the Everglades
ecosystem and ultimately served to awaken the desire to restore
its health.
(2) In her 107th year, Mrs. Douglas is the sole surviving
member of the original group of people who devoted decades of
selfless effort to establish Everglades National Park.
(3) When the water supply and ecology of the Everglades,
both within and outside the park, became threatened by drainage
and development, Mrs. Douglas dedicated the balance of her life
to the defense of the Everglades through extraordinary personal
effort and by inspiring countless other people to take action.
(4) For these and many other accomplishments, the President
awarded Mrs. Douglas the Medal of Freedom on Earth Day, 1994.
(5) Ernest F. Coe (1886-1951) was a leader in the creation
of Everglades National Park. He organized the Tropic Everglades
National Park Association in 1928 and was widely regarded as
the ``Father of Everglades National Park''.
(6) As a landscape architect, Mr. Coe's vision for the park
recognized the need to protect south Florida's diverse wildlife
and their habitats for future generations. His original park
proposal included lands and waters subsequently protected
within Everglades National Park, the Big Cypress National
Preserve, and the Florida Keys National Marine Sanctuary.
(7) Mr. Coe's leadership, selfless devotion, and commitment
to achieving this vision culminated in the authorization of
Everglades National Park by Congress in 1934. Afterwards, Mr.
Coe fought tirelessly and lobbied strenuously for establishment
of the park, finally realizing his dream in 1947. He
accomplished much of this work at his own expense, which
dramatically demonstrated his commitment to establishment of
the park.
(b) Purpose.--It is the purpose of this section to commemorate the
vision, leadership, and enduring contributions of Marjory Stoneman
Douglas and Ernest F. Coe in the protection of the Everglades and the
establishment of Everglades National Park.
(c) Marjory Stoneman Douglas Wilderness.--
(1) Redesignation.--Section 401(3) of the National Parks
and Recreation Act of 1978 (Public Law 95-625; 92 Stat. 3490;
16 U.S.C. 1132 note) is amended by striking out ``to be known
as the Everglades Wilderness'' and inserting ``to be known as
the Marjory Stoneman Douglas Wilderness to commemorate the
vision and leadership shown by Mrs. Douglas in the protection
of the Everglades and the establishment of Everglades National
Park''.
(2) Notice of redesignation.--As part of the redesignation
of the ``Everglades Wilderness'' as the ``Marjory Stoneman
Douglas Wilderness'' under paragraph (1), the Secretary of the
Interior shall provide such notification of the redesignation
by signs, materials, maps, markers, interpretive programs, and
other means (including changes in existing signs, materials,
maps, and markers) as will adequately inform the public of the
redesignation of the wilderness area and the reasons therefor.
(3) References.--Any reference in any law, regulation,
document, record, map, or other paper of the United States to
the ``Everglades Wilderness'' shall be considered to be a
reference to ``Marjory Stoneman Douglas Wilderness''.
(d) Ernest F. Coe Visitor Center.--
(1) Designation.--Section 103 of the Everglades National
Park Protection and Expansion Act of 1989 (16 U.S.C. 410r-7) is
amended by adding at the end the following new subsection:
``(f) Ernest F. Coe Visitor Center.--Upon completion of
construction of the main visitor center facility at the headquarters of
Everglades National Park, the Secretary of the Interior shall designate
the visitor center facility as `The Ernest F. Coe Visitor Center' to
commemorate the vision and leadership shown by Mr. Coe in the
establishment and protection of Everglades National Park.''.
(2) Conforming amendment.--Subsection (e) of such section
is amended by striking ``Visitor Center'' and inserting
``Marjory Stoneman Douglas Visitor Center''.
(3) Technical correction.--Subsection (c)(2) of such
section is amended by striking ``personnally-owned'' and
inserting ``personally-owned''. | Amends the National Parks and Recreation Act of 1978 to redesignate the Everglades Wilderness in Everglades National Park, Florida, as the Marjory Stoneman Douglas Wilderness, and amends the Everglades National Park Protection and Expansion Act of 1989 to require the Secretary of the Interior to designate the main visitor center facility at the Park's headquarters as the Ernest F. Coe Visitor Center, to commemorate such individuals' vision and leadership in the establishment and protection of the Park. | {"src": "billsum_train", "title": "To amend the National Parks and Recreation Act of 1978 to designate the Marjory Stoneman Douglas Wilderness and to amend the Everglades National Park Protection and Expansion Act of 1989 to designate the Ernest F. Coe Visitor Center."} | 1,089 | 111 | 0.562807 | 1.696882 | 0.914634 | 3.559524 | 10.75 | 0.940476 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Audit the Pentagon Act of 2012''.
SEC. 2. PURPOSES.
The purposes of this Act are as follows:
(1) To strengthen American national security by ensuring
that--
(A) military planning, operations, weapons
development, and a long-term national security strategy
are connected to sound financial controls; and
(B) defense dollars are spent efficiently.
(2) To instill a culture of accountability at the
Department of Defense that supports the vast majority of
dedicated members of the Armed Forces and civilians who want to
ensure proper accounting and prevent waste, fraud, and abuse.
SEC. 3. FINDINGS.
Congress finds the following:
(1) The 2011 Financial Report of the United States
Government found that 32 of 35 major Federal agencies received
clean audit opinions. Two more, the Department of Homeland
Security and the Department of State, received ``qualified''
audit opinions but are making progress. Only the Department of
Defense had a ``disclaimer'' because it lacked any auditable
reporting or accounting available for independent review.
(2) The financial management of the Department of Defense
has been on the ``High-Risk'' list of the Government
Accountability Office (GAO). The GAO found that the Department
is not consistently able to ``control costs; ensure basic
accountability; anticipate future costs and claims on the
budget; measure performance; maintain funds control; and
prevent and detect fraud, waste, and abuse''.
(3) At a September 2010 hearing of the Senate, the
Government Accountability Office stated that past expenditures
by the Department of Defense of $5,800,000,000 to improve
financial information, and billions of dollars more of
anticipated expenditures on new information technology systems
for that purpose, may not suffice to achieve full audit
readiness of the financial statement of the Department. At that
hearing, the Government Accountability Office could not predict
when the Department would achieve full audit readiness of such
statements.
(4) Section 9 of article 1 of the Constitution of the
United States requires all agencies of the Federal Government,
including the Department of Defense, to publish ``a regular
statement and account of the receipts and expenditures of all
public money''.
(5) Section 303(d) of the Chief Financial Officers Act of
1990 (Public Law 101-576) required that financial statements be
prepared and independently audited for the Department of the
Army by March 31, 1992, and for the Department of the Air Force
by March 31, 1993. Neither the Department of the Army nor the
Department of the Air Force has complied.
(6) Section 3515 of title 31, United States Code, requires
the agencies of the Federal Government, including the
Department of Defense, to present auditable financial
statements beginning not later than March 1, 1997. The
Department has not complied with this law.
(7) The Federal Financial Management Improvement Act of
1996 (31 U.S.C. 3512 note) requires financial systems acquired
by the Federal Government, including the Department of Defense,
to be able to provide information to leaders to manage and
control the cost of government. The Department has not complied
with this law.
(8) The National Defense Authorization Act for Fiscal Year
2002 (Public Law 107-107) requires the Secretary of Defense to
report to Congress annually on the reliability of the financial
statements of the Department of Defense, to minimize resources
spent on producing unreliable financial statements, and to use
resources saved to improve financial management policies,
procedures, and internal controls.
(9) In 2005, the Department of Defense created a Financial
Improvement and Audit Readiness (FIAR) Plan, overseen by a
directorate within the office of the Under Secretary of Defense
(Comptroller), to improve Department business processes with
the goal of producing timely, reliable, and accurate financial
information that could generate an audit-ready annual financial
statement. In December 2005, that directorate, known as the
FIAR Directorate, issued the first of a series of semiannual
reports on the status of the Financial Improvement and Audit
Readiness Plan.
(10) The National Defense Authorization Act for Fiscal Year
2010 (Public Law 111-84) requires regular status reports on the
Financial Improvement and Audit Readiness Plan described in
paragraph (9), and codified as a statutory requirement the goal
of the Plan in ensuring that Department of Defense financial
statements are validated as ready for audit not later than
September 30, 2017.
SEC. 4. SPENDING REDUCTIONS FOR AGENCIES WITHOUT CLEAN AUDITS.
(a) Applicability.--
(1) In general.--Subject to paragraph (2), this section
applies to each Federal agency identified by the Director of
the Office of Management and Budget as required to have an
audited financial statement under section 3515 of title 31,
United States Code.
(2) Applicability to military departments and defense
agencies.--For purposes of paragraph (1), in the case of the
Department of Defense, each military department and each
Defense Agency shall be treated as a separate Federal agency.
(b) Definitions.--In this section, the terms ``financial
statement'' and ``external independent auditor'' have the same meanings
as those terms have under section 3521(e) of title 31, United States
Code.
(c) Adjustments for Financial Accountability.--
(1) On March 2 of fiscal year 2013 and each subsequent
fiscal year, the discretionary budget authority available for
each Federal agency for such fiscal year is adjusted as
provided in paragraph (2).
(2) If a Federal agency has not submitted a financial
statement for the previous fiscal year, or if such financial
statement has not received either an unqualified or a qualified
audit opinion by an independent external auditor, the
discretionary budget authority available for the Federal agency
is reduced by 5 percent, with the reduction applied
proportionately to each account (other than an account listed
in subsection (d) or an account for which a waiver is made
under subsection (e)).
(3) An amount equal to the total amount of any reduction
under paragraph (2) shall be retained in the general fund of
the Treasury for the purposes of deficit reduction.
(d) Accounts Excluded.--The following accounts are excluded from
any reductions referred to in subsection (c)(2):
(1) Military personnel, reserve personnel, and National
Guard personnel accounts of the Department of Defense.
(2) The Defense Health Program account of the Department of
Defense.
(e) Waiver.--The President may waive subsection (c)(2) with respect
to an account if the President certifies that applying the subsection
to that account would harm national security or members of the Armed
Forces who are in combat.
(f) Report.--Not later than 60 days after an adjustment under
subsection (c), the Director of the Office of Management and Budget
shall submit to Congress a report describing the amount and account of
each adjustment.
SEC. 5. REPORT ON DEPARTMENT OF DEFENSE REPORTING REQUIREMENTS.
Not later than 180 days after the date of the enactment of this
Act, the Under Secretary of Defense (Comptroller) shall submit to
Congress a report setting forth the following:
(1) A list of each report of the Department of Defense
required by law to be submitted to Congress which, in the
opinion of the Under Secretary, would no longer be necessary if
the financial statements of the Department of Defense were
audited with an unqualified opinion.
(2) A list of each report of the Department required by law
to be submitted to Congress which, in the opinion of the Under
Secretary, interferes with the capacity of the Department to
achieve an audit of the financial statements of the Department
with an unqualified opinion.
SEC. 6. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) as the overall defense budget is cut, congressional
defense committees and the Department of Defense should not
endanger the Nation's troops by reducing wounded warrior
accounts or vital protection (such as body armor) for members
of the Armed Forces in harm's way;
(2) the valuation of legacy assets by the Department of
Defense should be simplified without compromising essential
controls or generally accepted government auditing standards;
and
(3) nothing in this Act should be construed to require or
permit the declassification of accounting details about
classified defense programs, and, as required by law, the
Department of Defense should ensure financial accountability in
such programs using proven practices, including using auditors
with security clearances. | Audit the Pentagon Act of 2012 - Requires, on March 2 of FY2013 and each subsequent fiscal year, a 5% reduction in the discretionary budget authority of a federal agency that is identified by the Director of the Office of Management and Budget (OMB) as required to have an audited financial statement: (1) that has not submitted a financial statement for the previous fiscal year, or (2) whose statement has not received either an unqualified or a qualified audit opinion by an independent external auditor. Excludes from such reduction accounts for military, reserve and National Guard personnel and the Defense Health Program account of the Department of Defense (DOD). Authorizes the President to waive a reduction in discretionary budget authority if such reduction would harm national security or members of the Armed Forces who are in combat.
Requires a report to Congress listing required DOD reports that would no longer be necessary if the financial statements of DOD were audited with an unqualified opinion or that interfere with DOD's capacity to achieve an audit of its financial statements with an unqualified opinion.
Expresses the sense of Congress that: (1) congressional defense committees and DOD should not endanger the nation's troops by reducing wounded warrior accounts or vital protection for members of the Armed Forces in harm's way, (2) the valuation of legacy assets by DOD should be simplified without compromising essential controls or generally accepted government auditing standards, and (3) this Act should not be construed to require or permit the declassification of accounting details about classified defense programs and DOD should ensure financial accountability in such programs.
. | {"src": "billsum_train", "title": "To reduce by 5 percent the discretionary budget authority of any Federal agency for a fiscal year if the financial statement of the agency for the previous fiscal year does not receive an unqualified audit opinion by an external independent auditor, and for other purposes."} | 1,785 | 349 | 0.540786 | 1.834306 | 0.710427 | 4.442244 | 5.828383 | 0.943894 |
SECTION 1. TASK FORCE ON UROTRAUMA.
(a) Establishment.--Subject to the availability of appropriations
for such purpose, the Secretary of Defense shall establish a task force
to be known as the ``Task Force on Urotrauma'' (in this section
referred to as the ``Task Force'') to continue and expand the report of
the Secretary on urotrauma titled ``Genitourinary Trauma in the
Military'' and dated December 27, 2011.
(b) Consultation.--In carrying out this section, the Secretary of
Defense shall consult with the Secretary of Veterans Affairs and the
Secretary of Health and Human Services.
(c) Duties.--The Task Force shall conduct a study on urotrauma
among members of the Armed Forces and veterans, including--
(1) an analysis of the incidence, duration, morbidity rate,
and mortality rate of urotrauma;
(2) an analysis of the social and economic costs and
effects of urotrauma;
(3) with respect to the Department of Defense and
Department of Veterans Affairs, an evaluation of the
facilities, access to private facilities, resources, personnel,
and research activities that are related to the diagnosis,
prevention, and treatment of urotrauma;
(4) an evaluation of programs (including such biological,
behavioral, environmental, and social programs) that improve
the prevention or treatment of urotrauma;
(5) a long-term plan for the use and organization of the
resources of the Federal Government to improve the prevention
and treatment of urotrauma;
(6) an analysis of shortfalls in research, expertise, and
health care infrastructure for female victims of urotrauma;
(7) an analysis of technical, administrative, and budgetary
mechanisms to allow for enhanced reproductive services for
members who have been affected by urotrauma or who are at high
risk of urotrauma;
(8) an assessment of opportunities to enhance the
coordination of--
(A) Federal resources used to research, prevent,
and continuously improve the management of urotrauma;
and
(B) inter-agency efforts regarding the chronic
physical, behavioral, and emotional care of victims of
urotrauma; and
(9) updates to the report referred to in subsection (a).
(d) Membership.--
(1) Appointed members.--In addition to the ex officio
members described in paragraph (2), the Task Force shall be
composed of 19 members as follows:
(A) Sixteen members appointed by the Secretary of
Defense.
(B) One member appointed by the Secretary of Health
and Human Services from among officers or employees of
the National Institute of Diabetes and Digestive and
Kidney Diseases whose primary interest is in the field
of urotrauma.
(C) The Chief of the Department of Surgery of
Walter Reed National Military Medical Center.
(D) The Chief Medical Director of the Department of
Veterans Affairs.
(2) Ex officio members.--The nonvoting, ex officio members
of the Task Force are as follows:
(A) The Surgeon General of the Navy.
(B) The Surgeon General of the Army.
(C) The Surgeon General of the Air Force.
(D) The Medical Officer of the Marine Corps.
(E) The Director of the National Institutes of
Health.
(F) The Director of the National Institute of
Diabetes and Digestive and Kidney Diseases.
(G) The Director of the Division of Kidney,
Urologic, and Hematologic Diseases of the National
Institute of Diabetes and Digestive Kidney Diseases.
(H) The Director of the National Institute of
Biomedical Imaging and Bioengineering.
(3) Qualifications.--In appointing members under paragraph
(1)(A), the Secretary of Defense shall appoint individuals with
experience related to--
(A) studying or researching urotrauma;
(B) preventing or treating urotrauma; or
(C) suffering from urotrauma.
(4) Term.--Each member shall be appointed for the life of
the Task Force.
(5) Vacancies.--A vacancy in the Task Force shall be filled
in the manner in which the original appointment was made.
(6) Pay.--
(A) Except as provided in subparagraph (C), members
of the Task Force shall serve without pay.
(B) Except as provided in subparagraph (C), members
of the Task Force who are full-time officers or
employees of the United States may not receive
additional pay, allowances, or benefits by reason of
their service on the Task Force.
(C) Each member shall receive travel expenses,
including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter
I of chapter 57 of title 5, United States Code.
(7) Quorum.--A majority of members of the Task Force shall
constitute a quorum but a lesser number may hold hearings.
(8) Chairperson.--The Secretary of Defense shall designate
a member as the chairperson of the Task Force.
(9) Meetings.--The Task Force shall meet at the call of the
chairperson.
(e) Staff.--
(1) Director.--The Task Force shall have a director who
shall be appointed by the chairperson.
(2) Staff.--Subject to rules prescribed by the Task Force,
the chairperson may appoint additional personnel as the
chairperson considers appropriate.
(3) Applicability of certain civil service laws.--The
director and staff of the Task Force shall be appointed subject
to the provisions of title 5, United States Code, governing
appointments in the competitive service, and shall be paid in
accordance with the provisions of chapter 51 and subchapter III
of chapter 53 of that title relating to classification and
General Schedule pay rates.
(4) Experts and consultants.--Subject to rules prescribed
by the Task Force, the chairperson may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code.
(5) Staff to federal agencies.--Upon request of the
chairperson, the head of any Federal department or agency may
detail, on a reimbursable basis, any of the personnel of that
department or agency to the Task Force to assist it in carrying
out its duties under this section.
(f) Powers of Task Force.--
(1) Hearings and sessions.--The Task Force may, for the
purpose of carrying out this section, hold hearings, sit and
act at times and places, take testimony, and receive evidence
as the Task Force considers appropriate. The Task Force may
administer oaths or affirmations to witnesses appearing before
it.
(2) Powers of members and agents.--Any member or agent of
the Task Force may, if authorized by the Task Force, take any
action which the Task Force is authorized to take by this
section.
(3) Obtaining official data.--The Task Force may secure
directly from any department or agency of the United States
information necessary to enable it to carry out this section.
Upon request of the chairperson of the Task Force, the head of
that department or agency shall furnish that information to the
Task Force.
(4) Mails.--The Task Force may use the United States mails
in the same manner and under the same conditions as other
departments and agencies of the United States.
(5) Administrative support services.--Upon the request of
the Task Force, the Administrator of General Services shall
provide to the Task Force, on a reimbursable basis, the
administrative support services necessary for the Task Force to
carry out its responsibilities under this section.
(g) Reports.--
(1) Interim report.--Not later than one year after the date
on which the members are appointed under subsection (d)(1), the
Task Force shall submit to the appropriate congressional
committees an interim report on the study conducted under
subsection (c).
(2) Final report.--Not later than two years after the date
on which the members are appointed under subsection (d)(1), the
Task Force shall submit to the appropriate congressional
committees a final report on the study conducted under
subsection (c), including any recommendations the Task Force
considers appropriate to improve the prevention and treatment
of urotrauma among members of the Armed Forces and veterans.
(h) Termination.--The Task Force shall terminate on the date that
is 60 days after the date on which the Task Force submits the final
report under subsection (g)(2).
(i) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committees on Armed Services of the House
of Representatives and Senate; and
(B) the Committees on Veterans' Affairs of the
House of Representatives and Senate.
(2) The term ``urotrauma'' means injury to the urinary
tract (including the kidneys, ureters, urinary bladder,
urethra, and female and male genitalia) from a penetrating,
blunt, blast, thermal, chemical, or biological cause.
(j) Authorization of Appropriations.--
(1) Authorization.--There is authorized to be appropriated
to carry out this section $1,000,000 for each of fiscal years
2014 through 2017.
(2) Offset.--The amount otherwise authorized to be
appropriated for operation and maintenance, Defense-wide, for
the Office of the Secretary of Defense for each of fiscal years
2014 through 2017 is reduced by $1,000,000. | Directs the Secretary of Defense (DOD), in order to continue and expand the DOD report submitted in 2011, to establish the Task Force on Urotrauma to: (1) conduct a study on urotrauma (injury to the urinary tract from a penetrating, blunt, blast, thermal, chemical, or biological cause) among members of the Armed Forces and veterans; and (2) provide an interim and final report to the congressional defense and veterans committees on such study. | {"src": "billsum_train", "title": "To direct the Secretary of Defense to establish a task force on urotrauma."} | 2,045 | 107 | 0.649722 | 1.937038 | 0.932561 | 3.978022 | 20.428571 | 0.945055 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``TechCorps Act''.
SEC. 2. OPM DATABASE OF TECHCORPS-ELIGIBLE POSITIONS.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Director of the Office of Personnel Management shall
establish and maintain an electronic database of job vacancies across
the Government relating to information technology. The Director shall
consult with each Federal agency in establishing and periodically
updating the database.
(b) Publication.--The database of vacant positions described under
subsection (a) shall be published and available on the USA Jobs
Internet Web site, and each position in the database shall be described
on such Web site as a ``TechCorps-eligible position''.
SEC. 3. ESTABLISHMENT OF TECHCORPS.
Section 122(a) of the National and Community Service Act of 1990
(42 U.S.C. 12572(a)) is amended by adding at the end the following:
``(6) Techcorps.--The Corporation shall enter into an
interagency agreement (other than a grant agreement) with
another Federal agency under section 121(b) to carry out a
TechCorps program under which--
``(A) individuals apply to service as a TechCorps
member--
``(i) prior to graduating from a program of
study at institution of education leading to
degree or certificate relating to information
technology, but not earlier than the last
academic year of such program of study; or
``(ii) after graduating from such a program
of study;
``(B) individuals described in subparagraph (A)(i)
are recruited not earlier than the last academic year
of their program of study;
``(C) individuals described in subparagraph (A)
desiring to serve as TechCorps members shall commit to
employment with the Federal agency in a job relating to
information technology for not less than a 2-year
period; and
``(D) upon receiving and accepting such employment,
such an individual shall be a TechCorps member, which
membership may not exceed a 4-year period.''.
SEC. 4. LOAN DEFERMENT AND LOAN FORGIVENESS.
(a) Loan Deferment.--Section 455(f)(2) of the Higher Education Act
of 1965 (20 U.S.C. 1087e) is amended--
(1) in subparagraph (C), by striking ``or'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(E) during which the borrower is serving as a
TechCorps member under section 122(a)(6) of the
National and Community Service Act of 1990 (42 U.S.C.
12572(a)(6)).''.
(b) Loan Forgiveness.--Part D of title IV of the Higher Education
Act of 1965 is amended by adding at the end the following:
``SEC. 460A. LOAN FORGIVENESS FOR TECHCORPS MEMBERS.
``(a) Program Authorized.--The Secretary shall carry out a program
of canceling the obligation to repay a qualified loan amount in
accordance with subsection (b) for loans made under this part to any
borrower who--
``(1) has served as a TechCorps member under section
122(a)(6) of the National and Community Service Act of 1990 (42
U.S.C. 12572(a)(6)) for not less than a 2-year period; and
``(2) is not in default on any loans for which the borrower
seeks forgiveness.
``(b) Qualified Loan Amount.--
``(1) Two years of service.--The Secretary shall cancel an
amount equal to 50 percent of the loan obligation on any loans
made under this part to a borrower described in subsection (a)
that are outstanding after the borrower's completion of 2 years
of service as a TechCorps member.
``(2) Additional years of service.--Subject to paragraph
(3), with respect to a borrower who receives the loan
cancellation under paragraph (1) after the completion of the 2
years of service required under such paragraph, and--
``(A) who serves for an additional year as a
TechCorps member upon completion of such 2 years of
service, the Secretary shall cancel an amount equal to
50 percent of the loan obligation on any loans made
under this part to the borrower that are outstanding
after the borrower's completion of such additional year
of service; and
``(B) who serves for a second additional year as a
TechCorps member upon completion of the additional year
of service described in subparagraph (A), the Secretary
shall cancel the loan obligation on any loans made
under this part to the borrower that are outstanding
after the borrower's completion of such second
additional year of service.
``(3) Maximum amount.--The aggregate loan obligation of a
borrower that may be cancelled under this section may not
exceed the amount equal to the maximum aggregate amount of
Federal Direct Stafford Loans and Federal Direct Unsubsidized
Stafford Loans that may be awarded to a dependent student under
this part.
``(c) Tax Treatment.--The amount of a loan, and interest on a loan,
which is canceled under this section shall not be considered income for
purposes of the Internal Revenue Code of 1986.
``(d) Prevention of Double Benefits.--No borrower may, for the same
voluntary service, receive a benefit under both this section and--
``(1) section 428K;
``(2) section 455(m); or
``(3) subtitle D of title I of the National and Community
Service Act of 1990 (42 U.S.C. 12601 et seq.).''.
SEC. 5. GAO STUDY ON IT STAFFING NEEDS OF THE FEDERAL GOVERNMENT.
Not later than 180 days after the date of enactment of this Act,
the Comptroller General of the United States shall--
(1) study the projected staffing needs for jobs related to
information technology in the Federal Government during the 10-
year period beginning on the date of enactment of this Act,
including the number of such jobs that will become available or
will be created during such period; and
(2) submit to Congress the results of such study. | TechCorps Act This bill requires the Office of Personnel Management to establish and maintain an electronic database of job vacancies across the government relating to information technology (IT). The database shall be published on the USAJobs website and shall describe such vacancies as TechCorps-eligible positions. The National and Community Service Act of 1990 is amended to direct the Corporation for National and Community Service to enter into an agreement with a federal agency to carry out a TechCorps program, under which: individuals apply to service as TechCorps members prior to or after graduating from a program of study at an institution of education leading to a degree or certificate relating to IT, individuals are recruited in their last academic year, TechCorps members commit to employment with the federal agency in an IT-related job for at least two years, and individuals accepting such employment shall be TechCorps members for up to four years. The Higher Education Act of 1965 is amended to provide that a borrower of a loan under the William D. Ford Federal Direct Loan Program shall be eligible to defer payments for any period during which the borrower is serving as a TechCorps member. The Department of Education shall carry out a program of canceling a specified amount of the loan obligation amount of borrowers who: (1) serve as a TechCorps member for at least two years, and (2) are not in default. The Government Accountability Office shall study and report to Congress on projected staffing needs for IT-related jobs in the federal government over the next ten years. | {"src": "billsum_train", "title": "TechCorps Act"} | 1,455 | 337 | 0.73592 | 2.473927 | 0.876772 | 2.954861 | 4.385417 | 0.913194 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Crude Oil Export Equality
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the United States has enjoyed a renaissance in energy
production--
(A) increasing domestic investment and jobs; and
(B) establishing the United States as a world
leader in crude oil production;
(2) the United States upholds a commitment to free trade
and open markets and has consistently opposed attempts by other
nations to restrict the free flow of energy;
(3) independent studies have concluded that allowing the
export of domestically produced crude oil--
(A) will increase the globally available supply of
crude oil; and
(B) will tend to reduce domestic prices for
gasoline and other refined petroleum products in the
United States;
(4) gasoline and other refined petroleum products are
already eligible for export from the United States without
restriction;
(5) gasoline prices in the United States reflect the price
paid on the global market for crude oil and not a separate
crude oil price in the United States;
(6) exports of crude oil produced in the United States
would provide an alternative stable supplier for crude oil to
allies of the United States around the world--
(A) allowing United States crude oil exports to
compete on equal footing with other international
crudes;
(B) allowing United States crude oil exports to
compete with and potentially displace crude oil exports
from Iran, as potential easing of sanctions could lead
to Iran regaining market share;
(C) facilitating assistance to the countries of
Europe and Eurasia to diversify their energy sources
and achieve energy security by providing another option
to protect against possible unstable supply flows; and
(D) allowing the United States to use national
energy policy to further United States interests
abroad; and
(7) the United States should remove all restrictions on the
export of domestically produced crude oil or crude oil of any
origin, which will increase economic benefits, enhance energy
security, improve the trade deficit, and promote key national
security interests of the United States domestically and around
the world.
SEC. 3. CRUDE OIL EXPORTS.
(a) Repeal of Presidential Authority To Restrict Oil Exports.--
(1) In general.--Section 103 of the Energy Policy and
Conservation Act (42 U.S.C. 6212) is repealed.
(2) Conforming amendments.--
(A) The table of contents for the Energy Policy and
Conservation Act is amended by striking the item
relating to section 103.
(B) The Energy Policy and Conservation Act is
amended--
(i) in section 251 (42 U.S.C. 6271)--
(I) by striking subsection (d); and
(II) by redesignating subsection
(e) as subsection (d); and
(ii) in section 523(a)(1) (42 U.S.C.
6393(a)(1)), by striking ``(other than section
103 thereof)''.
(C) Section 12 of the Alaska Natural Gas
Transportation Act of 1976 (15 U.S.C. 719j) is
amended--
(i) by striking ``and section 103 of the
Energy Policy and Conservation Act''; and
(ii) by striking ``such Acts'' and
inserting ``that Act''.
(b) Repeal of Limitations on Exports of Oil.--
(1) In general.--Section 28 of the Mineral Leasing Act (30
U.S.C. 185) is amended--
(A) by striking subsection (u); and
(B) by redesignating subsections (v) through (y) as
subsections (u) through (x), respectively.
(2) Conforming amendments.--
(A) Section 1107(c) of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3167(c)) is amended
by striking ``(u) through (y)'' and inserting ``(u)
through (x)''.
(B) The Deepwater Port Act of 1974 is amended--
(i) in section 3(9)(A) (33 U.S.C.
1502(9)(A)), by striking ``except as otherwise
provided in section 23,''; and
(ii) by striking section 23 (33 U.S.C.
1522).
(C) Section 203(c) of the Trans-Alaska Pipeline
Authorization Act (43 U.S.C. 1652(c)) is amended in the
first sentence by striking ``(w)(2), and (x))'' and
inserting ``(v)(2), and (w))''.
(D) Section 509(c) of the Public Utility Regulatory
Policies Act of 1978 (43 U.S.C. 2009(c)) is amended by
striking ``subsection (w)(2)'' and inserting
``subsection (v)(2)''.
(c) Repeal of Limitations on Export of OCS Oil or Gas.--Section 28
of the Outer Continental Shelf Lands Act (43 U.S.C. 1354) is repealed.
(d) Termination of Limitation on Exportation of Crude Oil.--Section
7(d) of the Export Administration Act of 1979 (50 U.S.C. App. 2406(d))
(as continued in effect pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.)) shall have no force or
effect.
(e) Clarification of Crude Oil Regulation.--
(1) In general.--Except as provided in paragraph (2),
section 754.2 of title 15, Code of Federal Regulations
(relating to crude oil) shall have no force or effect.
(2) Limitation.--With respect to the export of crude oil
from the Strategic Petroleum Reserve, the regulation referred
to in paragraph (1) (as in effect on the date that is 1 day
before the date of enactment of this Act) shall continue in
full force and effect.
(3) Crude oil license requirements.--A license to export to
a country crude oil (as the term is defined in subsection (a)
of the regulation referred to in paragraph (1)) (as in effect
on the date that is 1 day before the date of enactment of this
Act), shall be required from the Bureau of Industry and
Security of the Department of Commerce, after consultation with
other relevant agencies, only if--
(A) the country is subject to sanctions or trade
restrictions imposed by the United States;
(B) the President or Congress has designated the
country as subject to exclusion for reasons of national
security; or
(C) the export concerns the withdrawal of crude oil
from the Strategic Petroleum Reserve.
(f) Effect.--Except as provided in section 4, any provision of law
or regulation that curtails, limits, delays, or otherwise restricts the
export of crude oil shall have no force or effect.
SEC. 4. EXCEPTIONS AND PRESIDENTIAL AUTHORITY.
(a) In General.--The President may impose export licensing
requirements or other restrictions on the export of crude oil from the
United States for a period of not more than 1 year, if--
(1) the President declares a national emergency and
formally notices the declaration of a national emergency in the
Federal Register;
(2) the export licensing requirements or other restrictions
on the export of crude oil from the United States under this
section apply to 1 or more countries, persons, or organizations
in the context of sanctions or trade restrictions imposed by
the United States for reasons of national security by the
Executive authority of the President or by Congress; or
(3) the Secretary of Commerce, in consultation with the
Secretary of Energy, finds and reports to the President that--
(A) the export of crude oil pursuant to this Act
has caused sustained material oil supply shortages or
sustained oil prices significantly above world market
levels that are directly attributable to the export of
crude oil produced in the United States; and
(B) those supply shortages or price increases have
caused or are likely to cause sustained material
adverse employment effects in the United States.
(b) Renewal.--Any requirement or restriction imposed pursuant to
paragraph (1) may be renewed for 1 or more additional periods of not
more than 1 year each.
SEC. 5. GAO REVIEW AND REPORT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and annually thereafter for 2 years, the Comptroller
General of the United States shall conduct a review of--
(1) energy production in the United States; and
(2) the effects, if any, of crude oil exports from the
United States on consumers, independent refiners, and
shipbuilding and ship repair yards.
(b) Contents of Report.--Not later than 1 year after commencing
each review under subsection (a), the Comptroller General of the United
States shall submit to the Committees on Energy and Natural Resources,
Banking, Housing, and Urban Affairs, Commerce, Science, and
Transportation, and Foreign Relations of the Senate and the Committees
on Natural Resources, Energy and Commerce, Financial Services, and
Foreign Affairs of the House of Representatives a report that
includes--
(1) a statement of the principal findings of the review;
and
(2) recommendations for Congress and the President to
address any job loss in the shipbuilding and ship repair
industry or adverse impacts on consumers and refiners that the
Comptroller General of the United States attributes to
unencumbered crude oil exports in the United States. | American Crude Oil Export Equality Act Amends the Energy Policy and Conservation Act to repeal the authority of the President to restrict exports of: coal, petroleum products, natural gas, or petrochemical feedstocks; and materials or equipment which he determines necessary for either exploration, production, refining, or transportation of energy supplies, or for construction or maintenance of energy facilities within the United States. Amends the Mineral Leasing Act to repeal limitations on exports of oil. Amends the Outer Continental Shelf Lands Act to repeal limitations on export of Outer Continental Shelf oil or gas on the lands within its purview. Declares without force or effect: the limitation placed upon crude oil exports by the Export Administration Act of 1979, and a specified regulation relating to crude oil (but retains its full force and effect with respect to crude oil exports from the Strategic Petroleum Reserve [SPR]). Requires a license from the Bureau of Industry and Security of the Department of Commerce for export to a country of crude oil only if: the country is subject to sanctions or trade restrictions imposed by the United States, the President or Congress has designated the country as subject to exclusion for reasons of national security, or the export concerns the withdrawal of crude oil from the SPR. Authorizes the President to ban crude oil exports from the United States during a national emergency for a maximum period of one year (renewable for additional one-year periods) if certain circumstances exist. Directs the Governmental Accountability Office to conduct annual reviews of: energy production in the United States; and the effects, if any, of crude oil exports from the United States on consumers, independent refiners, and shipbuilding and ship repair yards. | {"src": "billsum_train", "title": "American Crude Oil Export Equality Act"} | 2,091 | 377 | 0.531828 | 1.591846 | 0.706694 | 3.555556 | 5.702703 | 0.798799 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Independent Telecommunications
Consumer Enhancement Act of 2001''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The Telecommunications Act of 1996 was enacted to
foster the rapid deployment of advanced telecommunications and
information technologies and services to all Americans by
promoting competition and reducing regulation in
telecommunications markets nationwide.
(2) The Telecommunications Act of 1996 specifically
recognized the unique abilities and circumstances of local
exchange carriers with fewer than two percent of the Nation's
subscriber lines installed in the aggregate nationwide.
(3) Given the markets two percent carriers typically serve,
such carriers are uniquely positioned to accelerate the
deployment of advanced services and competitive initiatives for
the benefit of consumers in less densely populated regions of
the Nation.
(4) Existing regulations are typically tailored to the
circumstances of larger carriers and therefore often impose
disproportionate burdens on two percent carriers, impeding such
carriers' deployment of advanced telecommunications services
and competitive initiatives to consumers in less densely
populated regions of the Nation.
(5) Reducing regulatory burdens on two percent carriers
will enable such carriers to devote additional resources to the
deployment of advanced services and to competitive initiatives
to benefit consumers in less densely populated regions of the
Nation.
(6) Reducing regulatory burdens on two percent carriers
will increase such carriers' ability to respond to marketplace
conditions, allowing them to accelerate deployment of advanced
services and competitive initiatives to benefit consumers in
less densely populated regions of the Nation.
(b) Purposes.--The purposes of this Act are--
(1) to accelerate the deployment of advanced services and
the development of competition in the telecommunications
industry for the benefit of consumers in all regions of the
Nation, consistent with the Telecommunications Act of 1996, by
reducing regulatory burdens on local exchange carriers with
fewer than two percent of the Nation's subscriber lines
installed in the aggregate nationwide;
(2) to improve such carriers' flexibility to undertake such
initiatives; and
(3) to allow such carriers to redirect resources from
paying the costs of such regulatory burdens to increasing
investment in such initiatives.
SEC. 3. DEFINITION.
Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is
amended--
(1) by redesignating paragraphs (51) and (52) as paragraphs
(52) and (53), respectively; and
(2) by inserting after paragraph (50) the following:
``(51) Two percent carrier.--The term `two percent carrier'
means an incumbent local exchange carrier within the meaning of
section 251(h) whose access lines, when aggregated with the
access lines of any local exchange carrier that such incumbent
local exchange carrier directly or indirectly controls, is
controlled by, or is under common control with, are fewer than
two percent of the Nation's subscriber lines installed in the
aggregate nationwide.''.
SEC. 4. REGULATORY RELIEF FOR TWO PERCENT CARRIERS.
Title II of the Communications Act of 1934 is amended by adding at
the end thereof a new part IV as follows:
``PART IV--PROVISIONS CONCERNING TWO PERCENT CARRIERS
``SEC. 281. REDUCED REGULATORY REQUIREMENTS FOR TWO PERCENT CARRIERS.
``(a) Commission To Take Into Account Differences.--In adopting
rules that apply to incumbent local exchange carriers (within the
meaning of section 251(h)), the Commission shall separately evaluate
the burden that any proposed regulatory, compliance, or reporting
requirements would have on two percent carriers.
``(b) Effect of Commission's Failure To Take Into Account
Differences.--If the Commission adopts a rule that applies to incumbent
local exchange carriers and fails to separately evaluate the burden
that any proposed regulatory, compliance, or reporting requirement
would have on two percent carriers, the Commission shall not enforce
the rule against two percent carriers unless and until the Commission
performs such separate evaluation.
``(c) Additional Review Not Required.--Nothing in this section
shall be construed to require the Commission to conduct a separate
evaluation under subsection (a) if the rules adopted do not apply to
two percent carriers, or such carriers are exempted from such rules.
``(d) Savings Clause.--Nothing in this section shall be construed
to prohibit any size-based differentiation among carriers mandated by
this Act, chapter 6 of title 5, United States Code, the Commission's
rules, or any other provision of law.
``(e) Effective Date.--The provisions of this section shall apply
with respect to any rule adopted on or after the date of enactment of
this section.
``SEC. 282. LIMITATION OF REPORTING REQUIREMENTS.
``(a) Limitation.--The Commission shall not require a two percent
carrier--
``(1) to file cost allocation manuals or to have such
manuals audited or attested, but a two percent carrier that
qualifies as a class A carrier shall annually certify to the
Commission that the two percent carrier's cost allocation
complies with the rules of the Commission; or
``(2) to file Automated Reporting and Management
Information Systems (ARMIS) reports.
``(b) Preservation of Authority.--Except as provided in subsection
(a), nothing in this Act limits the authority of the Commission to
obtain access to information under sections 211, 213, 215, 218, and 220
with respect to two percent carriers.
``SEC. 283. INTEGRATED OPERATION OF TWO PERCENT CARRIERS.
``The Commission shall not require any two percent carrier to
establish or maintain a separate affiliate to provide any common
carrier or noncommon carrier services, including local and
interexchange services, commercial mobile radio services, advanced
services (within the meaning of section 706 of the Telecommunications
Act of 1996), paging, Internet, information services or other enhanced
services, or other services. The Commission shall not require any two
percent carrier and its affiliates to maintain separate officers,
directors, or other personnel, network facilities, buildings, research
and development departments, books of account, financing, marketing,
provisioning, or other operations.
``SEC. 284. PARTICIPATION IN TARIFF POOLS AND PRICE CAP REGULATION.
``(a) NECA Pool.--The participation or withdrawal from
participation by a two percent carrier of one or more study areas in
the common line tariff administered and filed by the National Exchange
Carrier Association or any successor tariff or administrator shall not
obligate such carrier to participate or withdraw from participation in
such tariff for any other study area. The Commission may require a two
percent carrier to give 60 days notice of its intent to participate or
withdraw from participation in such common line tariff with respect to
a study area. Except as permitted by section 310(f)(3), a two percent
carrier's election under this subsection shall be binding for one year
from the date of the election.
``(b) Price Cap Regulation.--A two percent carrier may elect to be
regulated by the Commission under price cap rate regulation, or elect
to withdraw from such regulation, for one or more of its study areas.
The Commission shall not require a carrier making an election under
this subsection with respect to any study area or areas to make the
same election for any other study area. Except as permitted by section
310(f)(3), a two percent carrier's election under this subsection shall
be binding for one year from the date of the election.
``SEC. 285. DEPLOYMENT OF NEW TELECOMMUNICATIONS SERVICES BY TWO
PERCENT COMPANIES.
``(a) One-Day Notice of Deployment.--The Commission shall permit
two percent carriers to introduce new interstate telecommunications
services by filing a tariff on one day's notice showing the charges,
classifications, regulations, and practices therefor, without obtaining
a waiver, or make any other showing before the Commission in advance of
the tariff filing. The Commission shall not have authority to approve
or disapprove the rate structure for such services shown in such
tariff.
``(b) Definition.--For purposes of subsection (a), the term `new
interstate telecommunications service' means a class or subclass of
service not previously offered by the two percent carrier that enlarges
the range of service options available to ratepayers of such carrier.
``SEC. 286. ENTRY OF COMPETING CARRIER.
``(a) Pricing Flexibility.--Notwithstanding any other provision of
this Act, any two percent carrier shall be permitted to deaverage its
interstate switched or special access rates, file tariffs on one day's
notice, and file contract-based tariffs for interstate switched or
special access services immediately upon certifying to the Commission
that a telecommunications carrier unaffiliated with such carrier is
engaged in facilities-based entry within such carrier's service area. A
two percent carrier subject to rate-of-return regulation with respect
to an interstate switched or special access service, for which pricing
flexibility has been exercised pursuant to this subsection, shall
compute its interstate rate of return based on the nondiscounted rate
for such service.
``(b) Pricing Deregulation.--Notwithstanding any other provision of
this Act, upon receipt by the Commission of a certification by a two
percent carrier that a local exchange carrier that is not a two percent
carrier is engaged in facilities-based entry within the two percent
carrier's service area, the Commission shall regulate such two percent
carrier as non-dominant, and therefore shall not require the tariffing
of the interstate service offerings of such two percent carrier.
``(c) Participation in Exchange Carrier Association Tariff.--A two
percent carrier that meets the requirements of subsection (a) or (b) of
this section with respect to one or more study areas shall be permitted
to participate in the common line tariff administered and filed by the
National Exchange Carrier Association or any successor tariff or
administrator, by electing to include one or more of its study areas in
such tariff.
``(d) Definitions.--For purposes of this section:
``(1) Facilities-based entry.--The term `facilities-based
entry' means, within the service area of a two percent
carrier--
``(A) the provision or procurement of local
telephone exchange switching or its equivalent; and
``(B) the provision of telephone exchange service
to at least one unaffiliated customer.
``(2) Contract-based tariff.--The term `contract-based
tariff' shall mean a tariff based on a service contract entered
into between a two percent carrier and one or more customers of
such carrier. Such tariff shall include--
``(A) the term of the contract, including any
renewal options;
``(B) a brief description of each of the services
provided under the contract;
``(C) minimum volume commitments for each service,
if any;
``(D) the contract price for each service or
services at the volume levels committed to by the
customer or customers;
``(E) a brief description of any volume discounts
built into the contract rate structure; and
``(F) a general description of any other
classifications, practices, and regulations affecting
the contract rate.
``(3) Service area.--The term `service area' has the same
meaning as in section 214(e)(5).
``SEC. 287. SAVINGS PROVISIONS.
``(a) Commission Authority.--Nothing in this part shall be
construed to restrict the authority of the Commission under sections
201 through 208.
``(b) Rural Telephone Company Rights.--Nothing in this part shall
be construed to diminish the rights of rural telephone companies
otherwise accorded by this Act, or the rules, policies, procedures,
guidelines, and standards of the Commission as of the date of enactment
of this section.''.
SEC. 5. LIMITATION ON MERGER REVIEW.
(a) Amendment.--Section 310 of the Communications Act of 1934 (47
U.S.C. 310) is amended by adding at the end the following:
``(f) Deadline for Making Public Interest Determination.--
``(1) Time limit.--In connection with any merger between
two percent carriers, or the acquisition, directly or
indirectly, by a two percent carrier or its affiliate of
securities or assets of another two percent carrier or its
affiliate, if the merged or acquiring carrier remains a two
percent carrier after the merger or acquisition, the Commission
shall make any determinations required by this section and
section 214, and shall rule on any petition for waiver of the
Commission's rules or other request related to such
determinations, not later than 60 days after the date an
application with respect to such merger or acquisition is
submitted to the Commission.
``(2) Approval absent action.--If the Commission does not
approve or deny an application as described in paragraph (1) by
the end of the period specified, the application shall be
deemed approved on the day after the end of such period. Any
such application deemed approved under this subsection shall be
deemed approved without conditions.
``(3) Election permitted.--The Commission shall permit a
two percent carrier to make an election pursuant to section 284
with respect to any local exchange facilities acquired as a
result of a merger or acquisition that is subject to the review
deadline established in paragraph (1) of this subsection.''.
(b) Effective Date.--The provisions of this section shall apply
with respect to any application that is submitted to the Commission on
or after the date of enactment of this Act. Applications pending with
the Commission on the date of enactment of this Act shall be subject to
the requirements of this section as if they had been filed with the
Commission on the date of enactment of this Act.
SEC. 6. TIME LIMITS FOR ACTION ON PETITIONS FOR RECONSIDERATION OR
WAIVER.
(a) Amendment.--Section 405 of the Communications Act of 1934 (47
U.S.C. 405) is amended by adding to the end the following:
``(c) Expedited Action Required.--
``(1) Time limit.--Within 90 days after receiving from a
two percent carrier a petition for reconsideration or other
review filed under this section or a petition for waiver of a
rule, policy, or other Commission requirement, the Commission
shall issue an order granting or denying such petition. If the
Commission fails to act on a petition for waiver subject to the
requirements of this section within this 90-day period, the
relief sought in such petition shall be deemed granted. If the
Commission fails to act on a petition for reconsideration or
other review subject to the requirements of this section within
such 90-day period, the Commission's enforcement of any rule
the reconsideration or other review of which was specifically
sought by the petitioning party shall be stayed with respect to
that party until the Commission issues an order granting or
denying such petition.
``(2) Finality of action.--Any order issued under paragraph
(1), or any grant of a petition for waiver that is deemed to
occur as a result of the Commission's failure to act under
paragraph (1), shall be a final order and may be appealed.''.
(b) Effective Date.--The provisions of this section shall apply
with respect to any petition for reconsideration or other review or
petition for waiver that is submitted to the Commission on or after the
date of enactment of this Act. Petitions for reconsideration or
petitions for waiver pending with the Commission on the date of
enactment of this Act shall be subject to the requirements of this
section as if they had been filed on the date of enactment of this Act.
Passed the House of Representatives March 21, 2001.
Attest:
JEFF TRANDAHL,
Clerk. | Independent Telecommunications Consumer Enhancement Act of 2001 - Amends the Communications Act of 1934 to define a "two percent carrier" as an incumbent local telecommunications exchange carrier whose access lines are fewer than two percent of the Nation's subscriber lines installed in the aggregate nationwide.Directs the Federal Communications Commission (FCC), in adopting rules that apply to incumbent local exchange carriers, to separately evaluate the burden that any proposed regulatory, compliance, or reporting requirements would have on two percent carriers.Prohibits the FCC from requiring a two percent carrier to: (1) file cost allocation manuals or Automated Reporting and Management Information systems; or (2) establish or maintain a separate affiliate to provide any common carrier or noncommon carrier services or to maintain separate officers, personnel, facilities, books or accounts, or other operations.States that the participation or withdrawal from participation by a two percent carrier of one or more study areas in the common line tariff administered and filed by the National Exchange Carrier Association or any successor tariff or administrator shall not obligate such carrier to participate or withdraw from participation in such tariff for any other study area. Allows the FCC to require a two percent carrier to give 60 days notice of its intent to participate or withdraw.Allows any two percent carrier to deaverage its interstate switched or special rates and file contract-based tariffs for interstate switched or special access services immediately upon certifying to the FCC that an unaffiliated carrier has engaged in facilities-based entry within such carrier's service area.Provides limitations on FCC review of a two percent carrier's merger or acquisitions.Requires FCC determination within 90 days with respect to a two percent carrier's request for reconsideration or other review of an FCC rule, policy, or other requirement. | {"src": "billsum_train", "title": "To amend the Communications Act of 1934 to promote deployment of advanced services and foster the development of competition for the benefit of consumers in all regions of the Nation by relieving unnecessary burdens on the Nation's two percent local exchange telecommunications carriers, and for other purposes."} | 3,538 | 392 | 0.530715 | 1.7048 | 0.741847 | 5.993958 | 9.652568 | 0.930514 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Safety Lock Act of 1997''.
SEC. 2. HANDGUN SAFETY.
(a) Definition of Locking Device.--Section 921(a) of title 18,
United States Code, is amended by adding at the end the following:
``(34) The term `locking device' means--
``(A) a device that, if installed on a firearm and
secured by means of a key or a mechanically-,
electronically-, or electromechanically-operated
combination lock, prevents the firearm from being
discharged without first deactivating or removing the
device by means of a key or mechanically-,
electronically-, or electromechanically-operated
combination lock; or
``(B) a locking mechanism incorporated into the
design of a firearm that prevents discharge of the
firearm by any person who does not have access to the
key or other device designed to unlock the mechanism
and thereby allow discharge of the firearm.''.
(b) Unlawful Acts.--Section 922 of title 18, United States Code, is
amended by inserting after subsection (x) the following:
``(y) Locking Devices and Warnings.--
``(1) In general.--Except as provided in paragraph (2),
beginning 90 days after the date of enactment of the Child
Safety Lock Act of 1997, it shall be unlawful for any licensed
manufacturer, licensed importer, or licensed dealer to sell,
deliver, or transfer any handgun--
``(A) to any person other than a licensed
manufacturer, licensed importer, or licensed dealer,
unless the transferee is provided with a locking device
for that handgun; or
``(B) to any person, unless the handgun is
accompanied by the following warning, which shall
appear in conspicuous and legible type in capital
letters, and which shall be printed on a label affixed
to the gun and on a separate sheet of paper included
within the packaging enclosing the handgun:
```THE USE OF A LOCKING DEVICE OR SAFETY LOCK IS ONLY
ONE ASPECT OF RESPONSIBLE FIREARM STORAGE. FIREARMS
SHOULD BE STORED UNLOADED AND LOCKED IN A LOCATION THAT
IS BOTH SEPARATE FROM THEIR AMMUNITION AND INACCESSIBLE
TO CHILDREN.
`FAILURE TO PROPERLY LOCK AND STORE YOUR FIREARM MAY
RESULT IN CIVIL OR CRIMINAL LIABILITY UNDER STATE LAW.
IN ADDITION, FEDERAL LAW PROHIBITS THE POSSESSION OF A
HANDGUN BY A MINOR IN MOST CIRCUMSTANCES.'
``(2) Exceptions.--Paragraph (1) does not apply to--
``(A) the--
``(i) manufacture for, transfer to, or
possession by, the United States or a State or
a department or agency of the United States, or
a State or a department, agency, or political
subdivision of a State, of a handgun; or
``(iii) the transfer to, or possession by,
a law enforcement officer employed by an entity
referred to in clause (i) of a handgun for law
enforcement purposes (whether on or off-duty);
or
``(B) the transfer to, or possession by, a rail
police officer employed by a rail carrier and certified
or commissioned as a police officer under the laws of a
State of a handgun for purposes of law enforcement
(whether on or off-duty).''.
(c) Civil Penalties.--Section 924 of title 18, United States Code,
is amended--
(1) in subsection (a)(1), by striking ``or (f)'' and
inserting ``(f), or (p)''; and
(2) by adding at the end the following:
``(p) Penalties Relating to Locking Devices and Warnings.--
``(1) In general.--
``(A) Suspension or revocation of license; civil
penalties.--With respect to each violation of
subparagraph (A) or (B) of section 922(y)(1) by a
licensee, the Secretary may, after notice and
opportunity for hearing--
``(i) suspend or revoke any license issued
to the licensee under this chapter; or
``(ii) subject the licensee to a civil
penalty in an amount equal to not more than
$10,000.
``(B) Review.--An action of the Secretary under
this paragraph may be reviewed only as provided in
section 923(f).
``(2) Administrative remedies.--The suspension or
revocation of a license or the imposition of a civil penalty
under paragraph (1) does not preclude any administrative remedy
that is otherwise available to the Secretary.''. | Child Safety Lock Act of 1997 - Amends the Federal criminal code to define (firearm) "locking device."
Makes it unlawful for a licensed manufacturer, importer, or dealer to sell, deliver, or transfer a handgun without a locking device or a specified related warning, with exceptions for law enforcement and governmental entities.
Sets forth civil penalties (in addition to any administrative penalties) for related violations, including suspension or loss of license. | {"src": "billsum_train", "title": "Child Safety Lock Act of 1997"} | 1,135 | 100 | 0.54183 | 1.332528 | 0.42159 | 1.896552 | 10.770115 | 0.816092 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Low-Income Gasoline Assistance
Program Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to create new emergency assistance
programs to assist families receiving assistance under part A of title
IV of the Social Security Act and low-income working families to meet
the increasing price of gasoline.
SEC. 3. DEFINITIONS.
In this Act:
(1) Covered activities.--The term ``covered activities''
means--
(A) work activities;
(B) education directly related to employment; or
(C) activities related to necessary scheduled
medical treatment.
(2) Gasoline.--The term ``gasoline'' has the meaning given
the term in section 4082 of the Internal Revenue Code of 1986.
(3) Household.--The term ``household'' has the meaning
given the term in section 2603 of the Low-Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8622).
(4) Poverty level; state median income.--The terms
``poverty level'' and ``State median income'' have the meanings
given the terms in section 2603 of the Low-Income Home Energy
Assistance Act of 1981.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
(7) Work activities.--The term ``work activities'' has the
meaning given the term in section 407(d) of the Social Security
Act (42 U.S.C. 607(d)).
SEC. 4. EMERGENCY ASSISTANCE PROGRAMS.
The Secretary shall make grants to States, from allotments made
under section 5, to enable the States to establish emergency assistance
programs and to provide, through the programs, payments to eligible
households to enable the households to purchase gasoline.
SEC. 5. STATE ALLOTMENTS.
From the funds appropriated under section 13 for a fiscal year and
remaining after the reservation made in section 12, the Secretary shall
allot to each State an amount that bears the same relation to such
remainder as the amount the State receives under section 675B of the
Community Services Block Grant Act (42 U.S.C. 9906) for that year bears
to the amount all States receive under that section for that year.
SEC. 6. STATE APPLICATIONS.
(a) In General.--To be eligible to receive a grant under this Act,
a State shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary may
require.
(b) Contents.--At a minimum, the application shall contain--
(1) information designating a State agency to carry out the
emergency assistance program in the State, which shall be--
(A) the State agency specified in the State plan
submitted under section 402 of the Social Security Act
(42 U.S.C. 602); or
(B) the State agency designated under section
676(a) of the Community Services Block Grant Act (42
U.S.C. 9908(a)); and
(2) information describing the emergency assistance program
to be carried out in the State.
SEC. 7. PARTICIPATION OF INDIAN TRIBES.
(a) Reservation.--If, with respect to a State, the Secretary--
(1) receives a request from the governing body of an Indian
tribe or tribal organization in the State that assistance under
this Act be made directly to the tribe or organization; and
(2) determines that the members of the tribe or
organization would be better served by means of grants made
directly to provide benefits under this Act,
the Secretary shall reserve from amounts that would otherwise be
allotted to the State under section 5 for the fiscal year the amount
determined under subsection (b) of this section.
(b) Determination of Reserved Amount.--The Secretary shall reserve
from amounts that would otherwise be allotted to the State, not less
than 100 percent of an amount that bears the same ratio to the State
allotment for the fiscal year involved as the population of all
eligible Indians for whom a determination has been made under
subsection (a) bears to the population of all individuals in the State
who are eligible for assistance through a grant made under this Act.
(c) Awards.--The sums reserved by the Secretary on the basis of a
determination made under subsection (a) shall be made available by
grant to the Indian tribe or tribal organization serving the
individuals for whom such a determination has been made.
(d) Plan.--In order for an Indian tribe or tribal organization to
be eligible for a grant award for a fiscal year under this section, the
tribe or organization shall submit to the Secretary a plan for the
fiscal year that meets such criteria as the Secretary may prescribe by
regulation.
(e) Definitions.--In this section:
(1) Indian tribe; tribal organization.--The terms ``Indian
tribe'' and ``tribal organization'' mean a tribe, band, or
other organized group recognized in the State in which the
tribe, band, or group resides, or considered by the Secretary
of the Interior, to be an Indian tribe or an Indian
organization for any purpose.
(2) Indian.--The term ``Indian'' means a member of an
Indian tribe or of a tribal organization.
SEC. 8. ELIGIBLE HOUSEHOLDS.
(a) In General.--To be eligible to receive a payment from a State
under this Act, a household shall submit an application to the State at
such time, in such manner, and containing such information as the State
may require.
(b) Contents.--The applicant shall include in the application
information demonstrating that--
(1) in the case of a household that is not located in
Hawaii, 1 or more individuals in the applicant's household
individually drive not less than 30 miles per day, or not less
than 150 miles per week, to or from covered activities; and
(2)(A) the household meets the eligibility requirements of
section 2605(b)(2)(A) of the Low-Income Home Energy Assistance
Act of 1981 (42 U.S.C. 8624(b)(2)(A)), other than clause (i) of
that section; or
(B) the household income for the household does not exceed
the greater of--
(i) an amount equal to 150 percent of the poverty
level for the State involved; or
(ii) an amount equal to 60 percent of the State
median income.
(c) Rule.--For purposes of subsection (b)(2)(B), a State--
(1) may not exclude a household from eligibility for a
fiscal year solely on the basis of household income if such
income is less than 110 percent of the poverty level for such
State; but
(2) may give priority to those households with the highest
gasoline costs or needs in relation to household income.
SEC. 9. PROGRAM REQUIREMENTS.
(a) Determination of Trigger Amount.--
(1) Determination of gasoline.--The Secretary of Health and
Human Services, in consultation with the Secretary of Energy,
shall determine a grade of gasoline for which price
determinations will be made under this subsection, which shall
be a type of gasoline that has a specified octane rating or
other specified characteristic.
(2) Determination of calculation.--The Secretary of Health
and Human Services, in consultation with the Secretary of
Energy, shall determine a method for calculating the average
per gallon price of the covered grade of gasoline in each
State.
(3) Baseline.--The Secretary of Health and Human Services,
in consultation with the Secretary of Energy, shall calculate,
in accordance with paragraph (2), the average per gallon price
of the covered grade of gasoline in each State for January
2005.
(4) Trigger and release prices.--The Secretary of Health
and Human Services, in consultation with the Secretary of
Energy, shall calculate--
(A) the trigger price for each State by multiplying
the price calculated under paragraph (3) by 115
percent; and
(B) the release price for each State by multiplying
the price calculated under paragraph (3) by 110
percent.
(b) Payments.--
(1) Availability.--
(A) Monthly price calculation.--The Secretary of
Health and Human Services, in consultation with the
Secretary of Energy, shall calculate, in accordance
with subsection (a)(2), the average per gallon price of
the covered grade of gasoline in each State for each
month.
(B) Determination.--If the Secretary of Health and
Human Services, in consultation with the Secretary of
Energy, determines that the price in a State calculated
under subparagraph (A) for a month--
(i) is more than the trigger price for the
State, the State shall provide payments in
accordance with this subsection for the
following month; and
(ii) is less than the release price for the
State, the State shall suspend provision of the
payments, not earlier than 30 days after the
date of the determination, for the following
month.
(2) General authority.--Except as provided in subsection
(c), the State shall use funds received through a grant made
under section 4 (including a grant increased under section
11(2)) and any funds made available to the State under section
404(d)(4) of the Social Security Act (42 U.S.C. 604(d)(4)) to
make payments under this Act to eligible households.
(3) Period.--An eligible household with an application
approved under section 7 may receive payments under this Act
for not more than 3 months. The household may submit additional
applications under section 7, and may receive payments under
this Act for not more than 3 months for each such application
approved by the State.
(4) Amount.--The State shall make the payments in amounts
of not less than $25, and not more than $75, per month. The
State may determine the amount of the payments on a sliding
scale, taking into consideration the household income of the
eligible households.
(c) State Administration.--The State may use not more than 10
percent of the funds described in subsection (b)(2) to pay for the cost
of administering this Act.
(d) Definitions.--In this section:
(1) Covered grade.--The term ``covered grade'' means the
grade of gasoline determined under subsection (a)(1).
(2) Release price.--The term ``release price'' means the
release price calculated under subsection (a)(4)(B).
(3) Trigger price.--The term ``trigger price'' means the
trigger price calculated under subsection (a)(4)(A).
SEC. 10. TREATMENT OF BENEFITS.
(a) Income or Resources.--Notwithstanding any other law, the value
of any payment provided under this Act shall not be treated as income
or resources for purposes of--
(1) any other Federal or federally assisted program that
bases eligibility, or the amount of benefits, on need; or
(2) the Internal Revenue Code of 1986.
(b) TANF Assistance.--For purposes of part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.), a payment provided under
this Act shall not be considered to be assistance provided by a State
under that part, regardless of whether the State uses funds made
available under section 404(d)(4) of the Social Security Act (42 U.S.C.
604(d)(4)) to make payments under this Act. The period for which such
payments are provided under this Act shall not be considered to be part
of the 60-month period described in section 408(a)(7) of the Social
Security Act (42 U.S.C. 608(a)(7)).
SEC. 11. AUTHORITY TO USE FUNDS FOR TEMPORARY ASSISTANCE FOR NEEDY
FAMILIES.
Section 404(d) of the Social Security Act (42 U.S.C. 604(d)) is
amended--
(1) in paragraph (3)(A), by striking ``paragraph (1)'' and
inserting ``paragraph (1) or (4)''; and
(2) by adding at the end the following:
``(4) Other state programs.--A State may use funds from any
grant made to the State under section 403(a) for a fiscal year
to carry out a State program pursuant to the Low-Income
Gasoline Assistance Program Act.''.
SEC. 12. DISCRETIONARY ACTIVITIES BY THE SECRETARY.
The Secretary of Health and Human Services may reserve not more
than 5 percent of the funds appropriated under section 13 for a fiscal
year--
(1) to pay for the cost of administering this Act; and
(2) to increase the cost of a grant made to a State under
section 4, in any case in which the Secretary determines that
emergency conditions relating to gasoline prices exist in that
State.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $500,000,000 for fiscal year 2006 and each subsequent
fiscal year.
(b) Availability.--Any sums appropriated under subsection (a) for a
fiscal year shall remain available until the end of the succeeding
fiscal year. | Low-Income Gasoline Assistance Program Act - Directs the Secretary of Health and Human Services to make grants to states to establish emergency assistance programs to pay eligible households for the purchase of gasoline.
Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to authorize a state to use funds from any TANF grant to carry out such a state low-income gasoline assistance program. | {"src": "billsum_train", "title": "To provide emergency assistance for families receiving assistance under part A of title IV of the Social Security Act and low-income working families."} | 2,946 | 99 | 0.524362 | 1.206087 | 1.003132 | 3.060976 | 32.353659 | 0.963415 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Second Chance for Ex-Offenders Act
of 2001''.
SEC. 2. EXPUNGEMENT OF CRIMINAL RECORDS FOR CERTAIN NONVIOLENT
OFFENDERS.
(a) In General.--Chapter 229 of title 18, United States Code, is
amended by inserting after subchapter C the following new subchapter:
``SUBCHAPTER D--EXPUNGEMENT
``Sec.
``3631. Expungement of certain criminal records in limited
circumstances.
``3632. Requirements for expungement.
``3633. Procedure for expungement.
``3634. Effect of expungement.
``3635. Reversal of expunged records.
``3636. Unsealing of records.
``Sec. 3631. Expungement of certain criminal records in limited
circumstances
``(a) In General.--Any individual convicted of an nonviolent
offense who fulfills the requirements of section 3632 may file a
petition under this subchapter to expunge the record of such
conviction.
``(b) Definition of Nonviolent Offense.--In this subchapter, the
term `nonviolent offense' means a misdemeanor or felony offense against
the United States that does not have as an element of the offense the
use of a weapon or violence and which did not actually involve violence
in its commission.
``Sec. 3632. Requirements for expungement
``No individual shall be eligible for expungement under this
subchapter unless, before filing a petition under this subchapter, such
individual--
``(1) has never been convicted of a violent offense
(including an offense under State law that would be a violent
offense if it were Federal) other than the one for which
expungement is sought;
``(2) has fulfilled all requirements of the sentence of the
court in which conviction was obtained, including completion of
any term of imprisonment or period of probation, meeting all
conditions of a supervised release, and paying all fines;
``(3) has remained free from dependency on or abuse of
alcohol or a controlled substance a minimum of 1 year and has
been rehabilitated, to the satisfaction of the court referred
to in section 3633(b), if so required by the terms of a
supervised release;
``(4) has obtained a high school diploma or completed a
high school equivalency program; and
``(5) has completed at least one year of community service,
as determined by the court referred to in section 3633(b).
``Sec. 3633. Procedure for expungement
``(a) Definition of Satisfaction of the Court.--In this subchapter,
the term `satisfaction of the court' means the individual has met all
conditions required at sentencing and conditions of probation by the
court in which the conviction was obtained.
``(b) Petition.--An individual may file a petition for expungement
at the satisfaction of the court in which the conviction was obtained
if convicted of a felony and at the satisfaction of the court in which
the conviction was obtained if convicted of a misdemeanor. A petition
under this chapter may be made to the United States district court for
the district in which the conviction was obtained. A copy of the
petition shall be served by the court upon the United States Attorney
for the district in which the conviction sought to be expunged was
obtained. Not later than 60 days after receipt of such petition, the
United States Attorney may submit written recommendations to the court
and notify the petitioner of that recommendation.
``(c) Court-Ordered Expungement.--The court, after consideration of
evidence submitted by the petitioner in support of the petition and any
evidence submitted by the Government in support of objections it may
have to granting the petition, shall rule on the petition. In making
that ruling the court, after determining whether the petitioner meets
the eligibility requirements of this subchapter, shall weigh the
interests of the petitioner against the best interests of justice and
public safety.
``Sec. 3634. Effect of expungement
``(a) In General.--An order granting expungement under this
subchapter shall restore the individual concerned, in the contemplation
of the law, to the status such individual occupied before the arrest or
institution of criminal proceedings for the crime that was the subject
of the expungement.
``(b) No Disqualification; Statements.--After an order granting
expungement of any individual's criminal records under this subchapter,
such individual shall not be required to divulge information pertaining
to the expunged conviction and the fact that such individual has been
convicted of the criminal offense concerned shall not--
``(1) operate as a disqualification of such individual to
pursue or engage in any lawful activity, occupation,
profession, and
``(2) held under any provision of law guilty of perjury,
false answering, or making a false statement by reason of his
failure to recite or acknowledge such arrest or institution of
criminal proceedings, or results thereof, in response to an
inquiry made of him for any purpose.
``(c) Records Expunged or Sealed.--Upon order of expungement, all
official law enforcement and court records, including all references to
such person's arrest for the offense, the institution of criminal
proceedings against him, and the results thereof, except publicly
available court opinions or briefs on appeal, shall be expunged (in the
case of nontangible records) or gathered together and sealed (in the
case of tangible records).
``(d) Record of Disposition To Be Retained.--A nonpublic record of
a disposition or conviction that is the subject of an expungement order
shall be retained only by the Department of Justice solely for the
purpose of use by the courts in any subsequent adjudication.
``Sec. 3635. Disclosure of expunged records
``(a) Law Enforcement Purposes.--The Department of Justice may
maintain a nonpublic manual or computerized index of expunged records
containing only the name of, and alphanumeric identifiers that relate
to, the persons who are the subject of such expunged records, the word
`expunged', and the name of the person, agency, office, or department
that has custody of the expunged records, and shall not name the
offense committed. The index shall be made available only to Federal
and State law enforcement personnel who have custody of such expunged
records and only for the purposes set forth in subsection (b) of this
section.
``(b) Authorized Disclosure.--Such records shall be made available
to the person accused or to such person's designated agent and shall be
made available to--
``(1) any prosecutor, law enforcement agency, or court
which has responsibility for criminally investigating,
prosecuting, or adjudicating such individual;
``(2) any State or local office or agency with
responsibility for the issuance of licenses to possess guns
where the accused has made application for such license; or
``(3) any prospective city, State, or Federal employer or
agency, involved in investigating and/or prosecuting under
criminal or civil statutes including employers of police or
peace officers and in relation to an application for employment
as an employee of a city, State, or Federal employer or agency
involved in investigating or prosecuting under criminal or
civil statutes including as a police officer or peace officer,
and every person who is an applicant for the position of police
officer, peace officer, or any other prospective city, State,
or Federal employer or agency, involved in investigating or
prosecuting under criminal or civil statutes shall be furnished
with a copy of all records obtained under this paragraph and
afforded an opportunity to make an explanation thereto.
``(c) Punishment for Improper Disclosure.--Any person who knowingly
disseminates information relating to an expunged conviction other than
the offender shall be fined under this title or imprisoned not more
than one year, or both.
``Sec. 3636. Reversal of expunged records
``The records expunged under this subchapter shall be restored by
operation of law as public records and may be used in all court
proceedings if the individual whose conviction was expunged is
subsequently convicted of any Federal or State offense.''.
(b) Clerical Amendment.--The table of subchapters at the beginning
of chapter 229 of title 18, United States Code, is amended by adding at
the end the following item:
``D. Expungement......................................... 3631''.
(d) Effective Date.--The amendments made by this Act shall apply to
individuals convicted of an offense before, on, or after the date of
enactment of this Act. | Second Chance for Ex-Offenders Act of 2001 - Amends the Federal criminal code to allow an individual to file a petition for expungement of a record of conviction for a nonviolent criminal offense if such individual has: (1) never been convicted of another violent offense; (2) fulfilled all requirements of the sentence of the court in which conviction was obtained; (3) remained free from dependency on or abuse of alcohol or a controlled substance for a minimum of one year and has been rehabilitated, to the court's satisfaction, if so required by the terms of supervised release; (4) obtained a high school diploma or completed a high school equivalency program; and (5) completed at least one year of community service.Authorizes an individual convicted of a felony or a misdemeanor to file an expungement petition. Directs the court, in ruling on such petition, after determining petitioner eligibility, to weigh the petitioner's interests against the best interests of justice and public safety.Authorizes the Department of Justice to maintain a nonpublic manual or computerized index of expunged records, to be made available only to Federal and State law enforcement personnel who have custody of such records for limited disclosure purposes.Requires the restoration of expunged records of individuals subsequently convicted of any Federal or State offense. | {"src": "billsum_train", "title": "To permit expungement of records of certain nonviolent criminal offenses."} | 2,017 | 302 | 0.610188 | 1.825527 | 0.852281 | 4.64898 | 7.061224 | 0.967347 |
SECTION 1. BUNDLED RETAIL SALES OF ELECTRIC ENERGY.
(a) Jurisdiction.--Section 201(b)(1) of the Federal Power Act (16
U.S.C. 824(b)(1)) is amended--
(1) by striking ``(b)(1) The'' and inserting the following:
``(b) Applicability.--
``(1) In general.--The'';
(2) by striking ``The Commission'' and inserting the
following:
``(2) Facilities.--The Commission''; and
(3) by adding at the end the following:
``(3) Bundled retail sales of electric energy.--The
Commission shall not have jurisdiction--
``(A) over bundled retail sales of electric energy
(including the transmission component of retail sales);
or
``(B) to compel the unbundling of rates for bundled
retail sales of electric energy.''.
(b) Definition of Bundled Retail Sales of Electric Energy.--Section
201 of the Federal Power Act (16 U.S.C. 824) is amended by adding at
the end the following:
``(h) Definition of Bundled Retail Sales of Electric Energy.--In
this part, the term `bundled retail sales of electric energy' means
sales of electric energy to retail customers in which generation,
transmission, distribution, and other services necessary to supply
electric energy to retail customers are sold as a single delivered
service by a single seller, acting under the regulatory jurisdiction of
a State commission.''.
SEC. 2. SERVICE OBLIGATION PROTECTION.
Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended
at the end the following:
``SEC. 215. SERVICE OBLIGATIONS OF LOAD-SERVING ENTITIES.
``(a) Definitions.--In this section:
``(1) Existing wholesale contractual obligation.--
``(A) In general.--The term `existing wholesale
contractual obligation' means an obligation under a
firm long-term wholesale contract that was in effect on
March 28, 2003.
``(B) Contract modifications.--A contract
modification after March 28, 2003 (other than a
contract modification that increases the quantity of
electric energy sold under the contract), shall not
affect the status of a contract described in
subparagraph (A) as an existing wholesale contractual
obligation.
``(2) Load-serving entity.--
``(A) In general.--The term `load-serving entity'
means a transmitting utility that has an obligation
under Federal, State, or local law, or a long-term
contract, to provide electric service to--
``(i) electric consumers (as defined in
section 3 of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2602)); or
``(ii) an electric utility (as defined in
section 3 of that Act) that has an obligation
to provide electric service to electric
consumers.
``(B) Service obligation.--For purposes of this
section, an obligation described in subparagraph (A)
shall be considered a service obligation.
``(b) Service Obligations.--
``(1) Applicability.--This subsection applies to any load-
serving entity that--
``(A) owns transmission facilities for the
transmission of electric energy in interstate commerce
used to purchase or deliver electric energy to meet a
service obligation to customers or an existing
wholesale contractual obligation; or
``(B) holds a contract or service agreement for
firm transmission service used to purchase or deliver
electric energy to meet a service obligation to
customers or an existing wholesale contractual
obligation.
``(2) Use of transmission facilities or services.--In
exercising authority under this Act, the Commission shall
ensure that any entity described in paragraph (1) shall be
entitled to use transmission facilities or rights to firm
transmission service described in paragraph (1) to meet service
obligations described in paragraph (1) before transmission
capacity is made available for other uses.
``(c) Use by Successors in Interest.--
``(1) In general.--If all or a portion of the service
obligation or contractual obligation described in subsection
(b) is transferred to another load-serving entity, the
successor shall be entitled to use the transmission facilities
or firm transmission rights associated with the transferred
service obligation consistent with subsection (b).
``(2) Subsequent transfers.--A subsequent transfer to
another load-serving entity, or a retransfer to the original
load-serving entity, shall be entitled as provided in paragraph
(1).
``(d) Relationship to Other Provisions.--If a transmitting utility
reserves transmission capacity (or reserves the equivalent capacity in
the form of tradable transmission rights) to meet service obligations
or firm long-term wholesale contractual obligations under subsection
(b), the transmitting utility shall not be considered to be engaging in
undue discrimination or preference under this Act or any other law.
``(e) Applicability.--This section does not apply to an area served
by a utility located in an area described in section 212(k)(2)(B).
``(f) Savings Clause.--Nothing in this section alters or affects
the allocation of transmission rights approved by the Commission before
the date of enactment of this section by an independent system operator
or regional transmission organization.''.
SEC. 3. COST ALLOCATION.
Section 205 of the Federal Power Act (16 U.S.C. 824d) is amended by
adding at the end the following:
``(g) Cost Allocation.--
``(1) Applicability.--This subsection applies to any rule
or order of general applicability issued by the Commission
under this Act that--
``(A) requires the physical connection of any
cogeneration facility, any small power production
facility, any other electric power generation facility
that makes wholesale sales of electric power, or the
transmission facilities of any electric utility, with
the facilities of any electric utility, Federal power
marketing agency, geothermal power producer (including
a producer that is not an electric utility), qualifying
cogenerator, or qualifying small power producer; or
``(B) setting rates for transmission service.
``(2) Costs.--Any order or rule described in paragraph (1)
shall require that the applicant seeking the interconnection of
facilities or transmission service to pay--
``(A) the necessary and reasonable costs of any new
facility required to provide the interconnection or
transmission service that would not have been necessary
absent the interconnection or transmission service
request;
``(B) an equitable share of the fixed costs of the
existing system necessary to complete the
interconnection or transmission service transaction;
and
``(C) the costs of any other services that are
ancillary to the interconnection or transmission
service transaction.
``(3) Transmission service credits.--The requestor of
interconnection or transmission service shall not be entitled
to transmission service credits as a result of payments made
under this subsection.''.
SEC. 4. STANDARD MARKET DESIGN RULE.
Section 206 of the Federal Power Act (16 U.S.C. 824i) (as amended
by section 3) is amended by adding at the end the following:
``(g) Standard Market Design Rule.--
``(1) Definition of standard market design rule.--In this
subsection, the term `standard market design rule' means--
``(A) a rule promulgated pursuant to the notice of
proposed rulemaking issued by the Commission on July
31, 2002, in Docket No. RM01-12-0000, including any
modification of the rule that is within the scope of
the notice; or
``(B) any rule or order of general applicability
under this Act that addresses transmission access or
market design and in which the Commission--
``(i) asserts jurisdiction over the
transmission component of bundled retail sales
of electric energy; or
``(ii) requires the transfer of ownership,
operation, or control of transmission
facilities to a regional transmission
organization, independent transmission
provider, or similar organization.
``(2) Effectiveness.--Except as provided in paragraph (3),
a standard market design rule shall not be effective except to
the extent that the standard market design rule is approved by
Congress in a law enacted after the date of enactment of this
subsection.
``(3) State consent.--A standard market design rule that is
otherwise valid under this Act may take effect in a region
consisting entirely of States the State Commission has
consented in writing to the application of the standard market
design rule in the State.''. | Amends the Federal Power Act to deny the Federal Regulatory Energy Commission (FERC) jurisdiction over bundled retail sales of electric energy or to compel the unbundling of rates for bundled retail sales of electric energy. Defines bundled retail sales as sales of electric energy to retail customers in which generation, transmission, distribution, and other services necessary to supply electric energy are sold as a single delivered service by a single seller, acting under the regulatory jurisdiction of a State commission.
Directs FERC to ensure that certain load-serving entities shall be entitled to use either transmission facilities or rights to firm transmission service to meet their service obligations to their customers or to their existing wholesale contractual obligations before the transmission capacity is made available for other uses.
States that if a service obligation or contractual obligation is transferred to another load-serving entity, the successor shall be entitled to use the transmission facilities or firm transmission rights associated with such transfer.
Declares that a transmitting utility shall not be considered to be engaging in undue discrimination or preference if it reserves transmission capacity to meet certain service obligations or firm long-term wholesale contractual obligations.
Prescribes cost allocation guidelines for an applicant seeking seeking interconnection of facilities or transmission service.
Declares that a standard market design rule shall not be effective except to the extent it is: (1) approved by Congress in a law enacted after the date of enactment of this Act; and (2) consented to in writing by the pertinent State Commission. Defines a standard market design rule as: (1) one promulgated by FERC pursuant to a specified proposed rulemaking; or (2) any rule or order of general applicability addressing transmission access or market design in which FERC asserts jurisdiction over the transmission component of bundled retail sales of electric energy or requires the transfer of ownership, operation, or control of transmission facilities to a regional transmission organization, independent transmission provider, or similar organization. | {"src": "billsum_train", "title": "A bill to amend the Federal Power Act to provide for the protection of electric utility customers and enhance the stability of wholesale electric markets through the clarification of State regulatory jurisdiction."} | 1,896 | 420 | 0.604735 | 1.816192 | 0.755138 | 5.15847 | 4.751366 | 0.923497 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Stockpile
Modernization Act of 1993''.
SEC. 2. DISPOSAL OF EXCESS AND OBSOLETE MATERIALS IN THE NATIONAL
DEFENSE STOCKPILE.
(a) Disposal Required.--Except as provided in subsection (b), in
order to reduce the quantities of materials in the National Defense
Stockpile that are obsolete for military purposes or in excess supply
in the stockpile, the President shall dispose of materials in the
stockpile in the quantities set forth in the following table:
Required Stockpile Disposals
Obsolete or excess material for disposal
Aluminum Metal...........................................................
Aluminum Oxide, Abrasive Grain...........................................
Aluminum Oxide, Abrasive Grain, NSG......................................
Aluminum Oxide, Fused Crude..............................................
Analgesics...............................................................
Antimony.................................................................
Antimony, NSG............................................................
Asbestos, Amosite........................................................
Asbestos, Amosite, NSG...................................................
Asbestos, Chrysotile.....................................................
Asbestos, Chrysotile, NSG................................................
Bauxite, Metal Grade, Jamaica & Surinam..................................
Bauxite, Refractory......................................................
Beryl Ore................................................................
Beryllium Copper Master Alloy............................................
Bismuth..................................................................
Cadmium..................................................................
Chromite, Chemical & Met. Grade Ore......................................
Chromite, Chem. & Met. Grade Ore, NSG....................................
Chromite, Refractory Grade Ore...........................................
Chromium, Ferro..........................................................
Chromium, Ferro, NSG.....................................................
Cobalt...................................................................
Columbium Group, NSG.....................................................
Copper...................................................................
Copper, NSG..............................................................
Diamonds, Industrial, Dies, Small........................................
Fluorspar, Acid Grade....................................................
Fluorspar, Acid Grade, NSG...............................................
Fluorspar, Metallurgical Grade, NSG......................................
Germanium................................................................
Graphite, Natural, Ceylon, Amorphous Lump, NSG...........................
Graphite, Natural, Malagasy, Crystalline.................................
Graphite, Natural, Malagasy, Crystalline, NSG............................
Graphite, Natural, Other than Ceylon & Malagasy..........................
Graphite, Natural, Other, NSG............................................
Industrial Diamond Bort..................................................
Industrial Diamond Stones................................................
Iodine...................................................................
Iodine, NSG..............................................................
Jewel bearings, NSG......................................................
Lead.....................................................................
Lead, NSG................................................................
Manganese Ore, Chem. & Met. Grades.......................................
Manganese Ore, Chem. & Met. Grades, NSG..................................
Manganese, Battery Grade, Natural Ore....................................
Manganese, Battery Grade, Natural Ore, NSG...............................
Manganese, Battery Grade, Synthetic Dioxide..............................
Manganese, Ferro.........................................................
Manganese, Metal, Electrolytic...........................................
Mercury..................................................................
Mercury, NSG.............................................................
Mica, Muscovite Film, 1st & 2nd Qualities................................
Mica, Muscovite Film, 1st & 2nd Qualities, NSG...........................
Mica, Muscovite Splittings...............................................
Mica, Muscovite, Block, Stained & Better.................................
Mica, Muscovite, Block, Stained & Better, NSG............................
Mica, Phlogopite Block, NSG..............................................
Mica, Phlogopite Splittings..............................................
Nickel...................................................................
Platinum Group Metals, Iridium...........................................
Platinum Group Metals, Palladium.........................................
Platinum Group Metals, Palladium, NSG....................................
Platinum Group Metals, Platinum..........................................
Platinum Group Metals, Platinum, NSG.....................................
Quinidine................................................................
Quinidine, NSG...........................................................
Quinine..................................................................
Quinine, NSG.............................................................
Rutile...................................................................
Rutile, NSG..............................................................
Sapphire & Ruby..........................................................
Sebacic Acid.............................................................
Silicon Carbide..........................................................
Silver...................................................................
Talc.....................................................................
Tantalum Group, NSG......................................................
Thorium Nitrate..........................................................
Tin......................................................................
Titanium Sponge, NSG.....................................................
Tungsten Group...........................................................
Tungsten Group, NSG......................................................
Vanadium Group...........................................................
Vegetable Tannin, Chestnut...............................................
Vegetable Tannin, Quebracho..............................................
Vegetable Tannin, Wattle.................................................
Vegetable Tannin, Wattle, NSG............................................
Zinc.....................................................................
-----------------------------------------------------------------------
(b) Exception to Disposal Requirements.--Subsection (a) shall not
apply with respect to the disposal of a material set forth in the table
in that subsection if the President determines after the date of the
enactment of this Act that the material is once again needed for the
stockpile.
(c) Special Rule for Silver.--The disposal of silver under
subsection (a) may only occur in the form of coins.
(d) Repeal of Previous Disposal Authorities.--All authorities of
the President or the National Defense Stockpile Manager in effect on
the day before the date of the enactment of this Act regarding the
disposal of specific quantities of materials in the stockpile are
hereby repealed.
SEC. 3. ACQUISITION OF STRATEGIC AND CRITICAL MATERIALS IN INADEQUATE
SUPPLY IN THE NATIONAL DEFENSE STOCKPILE.
In order to acquire additional quantities of those strategic and
critical materials that are in deficient supply in the National Defense
Stockpile, the President shall acquire strategic and critical materials
for the stockpile in the materials, and in the quantities, set forth in
the following table:
Required Stockpile Acquisitions
Material to be acquired
Beryllium Metal........................................................
Chromium, Metal........................................................
Columbium Group........................................................
Graphite, Natural, Ceylon, Amorphus Lump...............................
Indium.................................................................
Jewel Bearings.........................................................
Mica, Phlogopite Block.................................................
Quartz Crystals........................................................
Rubber, Natural........................................................
Tantalum Group.........................................................
Titanium Sponge........................................................
-----------------------------------------------------------------------
SEC. 4. REQUIREMENTS OF DISPOSAL AND ACQUISITION PROGRAM.
(a) Ten-Year Period for Disposal and Acquisition.--The President
shall complete the disposals of materials required by section 2, and
the acquisitions of strategic and critical materials required by
section 3, not later than September 30, 2002.
(b) Existing Disposal and Acquisition Procedures.--The disposal of
materials under section 2 and the acquisition of strategic and critical
materials under section 3 shall be carried out in the manner provided
in section 6 of the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98e(b)), including the requirement to avoid undue disruption
of the usual markets of producers, processors, and consumers of such
materials.
(c) Use of Barter Authorized.--The President is authorized to enter
into barter arrangements to dispose of materials required to be
disposed of under section 2 in order to acquire strategic and critical
materials required to be acquired under section 3 or upgrade other
strategic and critical materials in the stockpile.
(d) Annual Quantity of Acquisitions and Disposals.--In order to
maintain an orderly acquisition schedule under section 3, the quantity
of each strategic and critical material acquired under that section
during each of the fiscal years 1993 through 2002 shall be
approximately equal, except that acquisition may occur at a faster rate
to take advantage of favorable purchase or barter opportunities that
may arise. The President may dispose of materials under section 2
without regard to any annual limitation on the quantity of such
disposals.
(e) Deposit of Proceeds from Sales.--All moneys received from the
sale of materials required to be disposed of under section 2 shall be
returned to the Treasury and used to reduce the Federal budget deficit.
(f) Definitions.--For purposes of this Act:
(1) The terms ``National Defense Stockpile'' and
``stockpile'' mean the stockpile provided for in section 4 of
the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98c).
(2) The terms ``National Defense Stockpile Transaction
Fund'' and ``fund'' mean the National Defense Stockpile
Transaction Fund established under section 9(a) of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98h(a)).
(3) The term ``NSG'', with regard to a material specified
in the table in section 2, means non-specification grade
material.
SEC. 5. REPORT ON IMPLEMENTATION OF DISPOSAL AND ACQUISITION
REQUIREMENTS.
Not later than February 15, 1994, the President shall submit to
Congress a report describing the manner in which the President will
implement and carry out the disposals of strategic and critical
materials required by section 2, and the acquisitions of such materials
required by section 3.
SEC. 6. REPEAL OF DISPOSAL LIMITATION.
Section 5(b) of the Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98d(b)) is amended--
(1) by striking out ``(1)''; and
(2) by striking out ``, or (2)'' and all that follows
through ``$100,000,000.'' and inserting in lieu thereof a
period.
SEC. 7. CONFORMING AMENDMENTS.
Section 3301 of the National Defense Authorization Act for Fiscal
Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1583) is amended in
subsections (a) and (d)--
(1) by striking out ``fiscal years 1992 and 1993'' and
inserting in lieu thereof ``fiscal year 1992''; and
(2) by striking out ``each of such fiscal years'' and
inserting in lieu thereof ``such fiscal year''.
SEC. 8. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect on
October 1, 1993. | National Defense Stockpile Modernization Act of 1993 - Directs the President to dispose of specified excess or obsolete materials in the National Defense Stockpile (NDS), in specified amounts. Limits the disposal of silver to coin only. Repeals all previous disposal authority of the President or the NDS Stockpile Manager.
Directs the President to acquire additional quantities of strategic and critical materials for the NDS determined to be in deficient supply.
Requires the disposals and acquisitions mandated under this Act to be completed by the end of FY 2002 and accomplished in compliance with requirements of the Strategic and Critical Materials Stock Piling Act. Authorizes the President to use barter arrangements to achieve such disposals and acquisitions. Outlines provisions for: (1) annual quantity rates for acquisitions and disposals; and (2) deposits of proceeds from sales of disposed materials into the National Defense Stockpile Transaction Fund.
Directs the President to report to the Congress on the manner in which the President will implement and carry out the disposals and acquisitions required under this Act.
Amends the Strategic and Critical Materials Stock Piling Act to repeal a requirement prohibiting a stockpile disposal that would result in an unobligated balance in the Fund in excess of $100 million. | {"src": "billsum_train", "title": "National Defense Stockpile Modernization Act of 1993"} | 2,521 | 266 | 0.472982 | 1.220315 | 0.70406 | 2.378261 | 7.473913 | 0.83913 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hepatitis C Epidemic Control and
Prevention Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Over 3,000,000 individuals in the United States are
chronically infected with the hepatitis C virus (referred to in
this section as ``HCV''), making it the Nation's most common
blood-borne viral infection.
(2) Nearly 2 percent of the population of the United States
has been infected with HCV.
(3) Conservative estimates indicate that approximately
35,000 Americans are newly infected with HCV each year.
(4) HCV infection can cause life-threatening liver disease.
(5) Individuals infected with HCV serve as a source of
transmission to others and, since few individuals are aware
they are infected, are unlikely to take precautions to prevent
the spread or exacerbation of their infection.
(6) There is no vaccine available to prevent HCV infection.
(7) Treatments are available to slow the progression of
chronic HCV.
(8) An estimated 2,400,000 to 2,700,000 people who are
chronically infected with HCV are receiving no treatment.
(9) Conservative estimates place the costs of lost
productivity and medical care arising from chronic HCV in the
United States at more than $600,000,000 annually, and such
costs will undoubtedly increase in the absence of expanded
prevention and treatment efforts.
(10) To combat the HCV epidemic in the United States, the
Centers for Disease Control and Prevention developed
Recommendations for Prevention and Control of Hepatitis C Virus
(HCV) Infection and HCV-Related Chronic Disease in 1998 and the
National Hepatitis C Prevention Strategy in 2001, and the
National Institutes of Health convened Consensus Development
Conferences on the Management of Hepatitis C in 1997 and 2002.
These recommendations and guidelines provide a framework for
HCV prevention, control, research, and medical management
referral programs.
(11) Federal support is necessary to increase knowledge and
awareness of HCV and to assist State and local prevention and
control efforts.
SEC. 3. PREVENTION, CONTROL, AND MEDICAL MANAGEMENT OF HEPATITIS C.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by adding at the end the following:
``PART R--PREVENTION, CONTROL, AND MEDICAL MANAGEMENT OF HEPATITIS C
``SEC. 399AA. FEDERAL PLAN FOR THE PREVENTION, CONTROL, AND MEDICAL
MANAGEMENT OF HEPATITIS C.
``(a) In General.--The Secretary shall develop and implement a plan
for the prevention, control, and medical management of hepatitis C
(referred to in this part as `HCV') which includes strategies for
education and training, surveillance and early detection, and research.
``(b) Input in Development of Plan.--In developing the plan under
subsection (a), the Secretary shall--
``(1) be guided by existing recommendations of the Centers
for Disease Control and Prevention and the National Institutes
of Health; and
``(2) consult with--
``(A) the Director of the Centers for Disease
Control and Prevention;
``(B) the Director of the National Institutes of
Health;
``(C) the Director of the Health Resources and
Services Administration;
``(D) the heads of other Federal agencies or
offices providing services to individuals with HCV
infections or the functions of which otherwise involve
HCV;
``(E) medical advisory bodies that address issues
related to HCV; and
``(F) the public, including--
``(i) individuals infected with HCV; and
``(ii) advocates concerned with issues
related to HCV.
``(c) Biennial Update of Plan.--
``(1) In general.--The Secretary shall conduct a biennial
assessment of the plan developed under subsection (a) for the
purpose of incorporating into such plan new knowledge or
observations relating to HCV and chronic HCV (such as knowledge
and observations that may be derived from clinical, laboratory,
and epidemiological research and disease detection, prevention,
and surveillance outcomes) and addressing gaps in the coverage
or effectiveness of the plan.
``(2) Publication of notice of assessments.--Not later than
October 1 of the first even-numbered year beginning after the
date of enactment of this part, and October 1 of each even-
numbered year thereafter, the Secretary shall publish in the
Federal Register a notice of the results of the assessments
conducted under paragraph (1). Such notice shall include--
``(A) a description of any revisions to the plan
developed under subsection (a) as a result of the
assessment;
``(B) an explanation of the basis for any such
revisions, including the ways in which such revisions
can reasonably be expected to further promote the
original goals and objectives of the plan; and
``(C) in the case of a determination by the
Secretary that the plan does not need revision, an
explanation of the basis for such determination.
``SEC. 399BB. ELEMENTS OF THE FEDERAL PLAN FOR THE PREVENTION, CONTROL,
AND MEDICAL MANAGEMENT OF HEPATITIS C.
``(a) Education and Training.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, shall
implement programs to increase awareness and enhance knowledge and
understanding of HCV. Such programs shall include--
``(1) the conduct of health education, public awareness
campaigns, and community outreach activities to promote public
awareness and knowledge about risk factors, the transmission
and prevention of infection with HCV, the value of screening
for the early detection of HCV infection, and options available
for the treatment of chronic HCV;
``(2) the training of health care professionals regarding
the prevention, detection, and medical management of hepatitis
B (referred to in this part as `HBV') and HCV, and the
importance of vaccinating HCV-infected individuals and those at
risk for HCV infection against the hepatitis A virus and
hepatitis B virus; and
``(3) the development and distribution of curricula
(including information relating to the special needs of
individuals infected with HBV or HCV, such as the importance of
early intervention and treatment and the recognition of
psychosocial needs) for individuals providing hepatitis
counseling, as well as support for the implementation of such
curricula by State and local public health agencies.
``(b) Early Detection and Surveillance.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
shall support activities described in paragraph (2) to promote
the early detection of HCV infection, identify risk factors for
infection, and conduct surveillance of HCV infection trends.
``(2) Activities.--
``(A) Voluntary testing programs.--
``(i) In general.--The Secretary shall
support and promote the development of State,
local, and tribal voluntary HCV testing
programs to aid in the early identification of
infected individuals.
``(ii) Confidentiality of test results.--
The results of an HCV test conducted by a
testing program developed or supported under
this subparagraph shall be considered protected
health information (in a manner consistent with
regulations promulgated under section 264(c) of
the Health Insurance Portability and
Accountability Act of 1996) and may not be used
for any of the following:
``(I) Issues relating to health
insurance.
``(II) To screen or determine
suitability for employment.
``(III) To discharge a person from
employment.
``(B) Counseling regarding viral hepatitis.--The
Secretary shall support State, local, and tribal
programs in a wide variety of settings, including those
providing primary and specialty health care services in
the private and the public sectors, to--
``(i) provide individuals with information
about ongoing risk factors for HCV infection
with client-centered education and counseling
which concentrates on changing behaviors that
place them at risk for infection; and
``(ii) provide individuals infected with
HCV with education and counseling to reduce the
risk of harm to themselves and transmission of
the virus to others.
``(C) Vaccination against viral hepatitis.--With
respect to individuals infected, or at risk for
infection, with HCV, the Secretary shall provide for--
``(i) the vaccination of such individuals
against hepatitis A virus, HBV, and other
infectious diseases, as appropriate, for which
such individuals may be at increased risk; and
``(ii) the counseling of such individuals
regarding hepatitis A, hepatitis B, and other
viral hepatides.
``(D) Medical referral.--The Secretary shall
support--
``(i) referral of persons infected with or
at risk for HCV, for drug or alcohol abuse
treatment where appropriate; and
``(ii) referral of persons infected with
HCV--
``(I) for medical evaluation to
determine their stage of chronic HCV
and suitability for antiviral
treatment; and
``(II) for ongoing medical
management of HCV.
``(3) Hepatitis c coordinators.--The Secretary, acting
through the Director of the Centers for Disease Control and
Prevention, shall, upon request, provide a Hepatitis C
Coordinator to a State health department in order to enhance
the additional management, networking, and technical expertise
needed to ensure successful integration of HCV prevention and
control activities into existing public health programs.
``(c) Surveillance and Epidemiology.--
``(1) In general.--The Secretary shall promote and support
the establishment and maintenance of State HCV surveillance
databases, in order to--
``(A) identify risk factors for HCV infection;
``(B) identify trends in the incidence of acute and
chronic HCV;
``(C) identify trends in the prevalence of HCV
infection among groups that may be disproportionately
affected by HCV, including individuals living with HIV,
military veterans, emergency first responders, racial
or ethnic minorities, and individuals who engage in
high risk behaviors, such as intravenous drug use; and
``(D) assess and improve HCV infection prevention
programs.
``(2) Seroprevalence studies.--The Secretary shall conduct
a population-based seroprevalence study to estimate the current
and future impact of HCV. Such studies shall consider the
economic and clinical impacts of HCV, as well as the impact of
HCV on quality of life.
``(3) Confidentiality.--Information contained in the
databases under paragraph (1) or derived through studies under
paragraph (2) shall be de-identified in a manner consistent
with regulations under section 264(c) of the Health Insurance
Portability and Accountability Act of 1996.
``(d) Research Network.--The Secretary, acting through the Director
of the Centers for Disease Control and Prevention and the Director of
the National Institutes of Health, shall--
``(1) conduct epidemiologic research to identify best
practices for HCV prevention;
``(2) establish and support a Hepatitis C Clinical Research
Network for the purpose of conducting research related to the
treatment and medical management of HCV; and
``(3) conduct basic research to identify new approaches to
prevention (such as vaccines) and treatment for HCV.
``(e) Referral for Medical Management of Chronic Hepatitis C.--The
Secretary shall support and promote State, local, and tribal programs
to provide HCV-positive individuals with referral for medical
evaluation and management, including currently recommended antiviral
therapy when appropriate.
``(f) Underserved and Disproportionately Affected Populations.--In
carrying out this section, the Secretary shall provide expanded support
for individuals with limited access to health education, testing, and
health care services and groups that may be disproportionately affected
by HCV.
``(g) Evaluation of Program.--The Secretary shall develop
benchmarks for evaluating the effectiveness of the programs and
activities conducted under this section and make determinations as to
whether such benchmarks have been achieved.
``SEC. 399CC. GRANTS.
``(a) In General.--The Secretary may award grants to, or enter into
contracts or cooperative agreements with, States, political
subdivisions of States, Indian tribes, or nonprofit entities that have
special expertise relating to HCV, to carry out activities under this
part.
``(b) Application.--To be eligible for a grant, contract, or
cooperative agreement under subsection (a), an 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.
``SEC. 399DD. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$90,000,000 for fiscal year 2004, and such sums as may be necessary for
each of fiscal years 2005 through 2008.''.
SEC. 4. LIVER DISEASE RESEARCH ADVISORY BOARD.
Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) is amended by adding at the end the following:
``SEC. 409J. LIVER DISEASE RESEARCH ADVISORY BOARD.
``(a) Establishment.--Not later than 90 days after the date of
enactment of this section, the Director of the National Institutes of
Health shall establish a board to be known as the Liver Disease
Research Advisory Board (referred to in this section as the `Advisory
Board').
``(b) Duties.--The Advisory Board shall advise and assist the
Director of the National Institutes of Health concerning matters
relating to liver disease research, including by developing and
revising the Liver Disease Research Action Plan.
``(c) Voting Members.--The Advisory Board shall be composed of 18
voting members to be appointed by the Director of the National
Institutes of Health, in consultation with the Director of the National
Institute of Diabetes and Digestive and Kidney Diseases, of whom 12
such individuals shall be eminent scientists and 6 such individuals
shall be lay persons. The Director of the National Institutes of
Health, in consultation with the Director of the Institute, shall
select 1 of the members to serve as the Chair of the Advisory Board.
``(d) Ex Officio Members.--The Director of the National Institutes
of Health shall appoint each director of a national research institute
that funds liver disease research to serve as a nonvoting, ex officio
member of the Advisory Board. The Director of the National Institutes
of Health shall invite 1 representative of the Centers for Disease
Control and Prevention, 1 representative of the Food and Drug
Administration, and 1 representative of the Department of Veterans
Affairs to serve as such a member. Each ex officio member of the
Advisory Board may appoint an individual to serve as that member's
representative on the Advisory Board.
``(e) Liver Disease Research Action Plan.--
``(1) Development.--Not later than 15 months after the date
of the enactment of this section, the Advisory Board shall
develop (with appropriate support from the Director) a
comprehensive plan for the conduct and support of liver disease
research to be known as the Liver Disease Research Action Plan.
The Advisory Board shall submit the Plan to the Director of NIH
and the head of each institute or center within the National
Institutes of Health that funds liver disease research.
``(2) Content.--The Liver Disease Research Action Plan
shall identify scientific opportunities and priorities of liver
disease research necessary to increase understanding of and to
prevent, cure, and develop better treatment protocols for liver
diseases.
``(3) Revision.--The Advisory Board shall revise every 2
years the Liver Disease Research Action Plan, but shall meet
annually to review progress and to amend the Plan as may be
appropriate because of new scientific discoveries.''. | Hepatitis C Epidemic Control and Prevention Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to develop and implement a plan for the prevention, control, and management of hepatitis C virus (HCV), which shall include strategies for education and training, surveillance and early detection, and research.
Directs the Secretary to: (1) conduct a biennial plan assessment; (2) support voluntary State, local, and tribal HCV testing and counseling programs; (3) provide for the vaccination of HCV-infected individuals against hepatitis A and B and other infectious diseases; (4) support the establishment and maintenance of HCV surveillance databases; and (5) establish and support a Hepatitis C Clinical Research Network.
Authorizes the Secretary to award grants to States, political subdivisions of States, Indian tribes, or nonprofit entities to carry out activities under this Act.
Requires the Director of the National Institutes of Health to establish a Liver Disease Research Advisory Board. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to direct the Secretary of Health and Human Services to establish, promote, and support a comprehensive prevention, research, and medical management referral program for hepatitis C virus infection."} | 3,574 | 221 | 0.607473 | 1.683273 | 0.72583 | 4.387435 | 16.874346 | 0.963351 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biomass Thermal Utilization Act of
2015'' or the ``BTU Act of 2015''.
SEC. 2. RESIDENTIAL ENERGY-EFFICIENT PROPERTY CREDIT FOR BIOMASS FUEL
PROPERTY EXPENDITURES.
(a) Allowance of Credit.--Subsection (a) of section 25D of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``and'' at the end of paragraph (4),
(2) by striking the period at the end of paragraph (5) and
inserting ``, and'', and
(3) by adding at the end the following new paragraph:
``(6) in the case of taxable years beginning before January
1, 2021, 30 percent of the qualified biomass fuel property
expenditures made by the taxpayer during such year.''.
(b) Qualified Biomass Fuel Property Expenditures.--Subsection (d)
of section 25D of the Internal Revenue Code of 1986 is amended by
adding at the end the following new paragraph:
``(6) Qualified biomass fuel property expenditure.--
``(A) In general.--The term `qualified biomass fuel
property expenditure' means an expenditure for
property--
``(i) which uses the burning of biomass
fuel to heat a dwelling unit located in the
United States and used as a residence by the
taxpayer, or to heat water for use in such a
dwelling unit, and
``(ii) which has a thermal efficiency
rating of at least 75 percent (measured by the
higher heating value of the fuel).
``(B) Biomass fuel.--For purposes of this section,
the term `biomass fuel' means any plant-derived fuel
available on a renewable or recurring basis, including
agricultural crops and trees, wood and wood waste and
residues, plants (including aquatic plants), grasses,
residues, and fibers. Such term includes densified
biomass fuels such as wood pellets.''.
(c) Effective Date.--The amendments made by this section shall
apply to expenditures paid or incurred in taxable years beginning after
December 31, 2015.
SEC. 3. INVESTMENT TAX CREDIT FOR BIOMASS HEATING PROPERTY.
(a) In General.--Subparagraph (A) of section 48(a)(3) of the
Internal Revenue Code of 1986 is amended by striking ``or'' at the end
of clause (vi), by inserting ``or'' at the end of clause (vii), and by
inserting after clause (vii) the following new clause:
``(viii) open-loop biomass (within the
meaning of section 45(c)(3)) heating property,
including boilers or furnaces which operate at
thermal output efficiencies of not less than 65
percent (measured by the higher heating value
of the fuel) and which provide thermal energy
in the form of heat, hot water, or steam for
space heating, air conditioning, domestic hot
water, or industrial process heat,''.
(b) 30-Percent and 15-Percent Credits.--
(1) Energy percentage.--
(A) In general.--Subparagraph (A) of section
48(a)(2) of the Internal Revenue Code of 1986 is
amended by redesignating clause (ii) as clause (iii)
and by inserting after clause (i) the following new
clause:
``(ii) except as provided in clause (i)(V),
15 percent in the case of energy property
described in paragraph (3)(A)(viii), but only
with respect to periods ending before January
1, 2021, and''.
(B) Conforming amendment.--Subparagraph of section
48(a)(2)(A)(iii) of such Code, as so redesignated, is
amended by inserting ``or (ii)'' after ``clause (i)''.
(2) Increased credit for greater efficiency.--Clause (i) of
section 48(a)(2)(A) of such Code is amended by striking ``and''
at the end of subclause (III) and by inserting after subclause
(IV) the following new subclause:
``(V) energy property described in
paragraph (3)(A)(viii) which operates
at a thermal output efficiency of not
less than 80 percent (measured by the
higher heating value of the fuel), but
only with respect to periods ending
before January 1, 2021,''.
(c) Effective Date.--The amendments made by this section shall
apply to periods after December 31, 2015, in taxable years ending after
such date, under rules similar to the rules of section 48(m) of the
Internal Revenue Code of 1986 (as in effect on the day before the date
of the enactment of the Revenue Reconciliation Act of 1990). | Biomass Thermal Utilization Act of 2015 or the BTU Act of 2015 Amends the Internal Revenue Code to include 30% of qualified biomass fuel property expenditures made in taxable years beginning before 2021 in the residential energy efficient property tax credit. Defines "qualified biomass fuel property expenditure" as an expenditure for property which uses the burning of biomass fuel (a plant-derived fuel available on a renewable or recurring basis) to heat a dwelling used as a residence, or to heat water for use in such dwelling, and which has a thermal efficiency rating of at least 75%. Allows: (1) a 15% energy tax credit until 2021 for investment in open-loop biomass heating property, and (2) a 30% credit for boilers or furnaces that operate at thermal output efficiencies of at least 80% and provide thermal energy. | {"src": "billsum_train", "title": "BTU Act of 2015"} | 1,085 | 183 | 0.645151 | 1.714414 | 0.901905 | 3.26875 | 5.9125 | 0.90625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indentured Servitude Abolition Act
of 2005''.
SEC. 2. PROTECTIONS FOR WORKERS RECRUITED ABROAD.
(a) Basic Requirements.--(1) Each employer and foreign labor
contractor who engages in foreign labor contracting activity shall
ascertain and disclose to each such worker who is recruited for
employment the following information at the time of the worker's
recruitment:
(A) The place of employment.
(B) The compensation for the employment.
(C) A description of employment activities.
(D) The period of employment.
(E) The transportation, housing, and any other employee
benefit to be provided and any costs to be charged for each
benefit.
(F) The existence of any labor organizing effort, strike,
lockout, or other labor dispute at the place of employment.
(G) The existence of any arrangements with any owner or
agent of any establishment in the area of employment under
which the contractor or employer is to receive a commission or
any other benefit resulting from any sales (including the
provision of services) by such establishment to the workers.
(H) Whether and the extent to which workers will be
compensated through workers' compensation, private insurance,
or otherwise for injuries or death, including work related
injuries and death, during the period of employment and, if so,
the name of the State workers' compensation insurance carrier
or the name of the policyholder of the private insurance, the
name and the telephone number of each person who must be
notified of an injury or death, and the time period within
which such notice must be given.
(I) Any education or training to be provided or made
available, including the nature and cost of such training, who
will pay such costs, and whether the training is a condition of
employment, continued employment, or future employment.
(J) A statement, approved by the Secretary of Labor,
describing the protections of this Act for workers recruited
abroad.
(2) No foreign labor contractor or employer shall knowingly provide
false or misleading information to any worker concerning any matter
required to be disclosed in paragraph (1).
(3) The information required to be disclosed by paragraph (1) to
workers shall be provided in written form. Such information shall be
provided in English or, as necessary and reasonable, in the language of
the worker being recruited. The Department of Labor shall make forms
available in English, Spanish, and other languages, as necessary, which
may be used in providing workers with information required under this
section.
(4) No fees may be charged to a worker for recruitment.
(5) No employer or foreign labor contractor shall, without
justification, violate the terms of any working arrangement made by
that contractor or employer.
(6) The employer shall pay the transportation costs, including
subsistence costs during the period of travel, for the worker from the
place of recruitment to the place of employment and from the place of
employment to such worker's place of permanent residence.
(7)(A) It shall be unlawful for an employer or a foreign labor
contractor to fail or refuse to hire or to discharge any individual, or
otherwise discriminate against an individual with respect to
compensation, terms, conditions, or privileges of employment because
such individual's race, color, creed, sex, national origin, religion,
age, or disability.
(B) For the purposes of determining the existence of unlawful
discrimination under subclause (A)--
(i) in the case of a claim of discrimination based on race,
color, creed, sex, national origin, or religion, the same legal
standards shall apply as are applicable under title VII of the
Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.);
(ii) in the case of a claim of discrimination based on
unlawful discrimination based on age, the same legal standards
shall apply as are applicable under the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 621 et seq.); and
(iii) in the case of a claim of discrimination based on
disability, the same legal standards shall apply as are
applicable under title I of the Americans With Disabilities Act
(42 U.S.C. 12101 et seq.).
(b) Other Worker Protections.--(1) Each employer shall notify the
Secretary of the identity of any foreign labor contractor involved in
any foreign labor contractor activity for or on behalf of the employer.
The employer shall be subject to the civil remedies of this Act for
violations committed by such foreign labor contractor to the same
extent as if the employer had committed the violation. The employer
shall notify the Secretary of the identity of such a foreign labor
contractor whose activities do not comply with this Act.
(2) The Secretary shall maintain a list of all foreign labor
contractors whom the Secretary knows or believes have been involved in
violations of this Act, and make that list publicly available. The
Secretary shall provide a procedure by which an employer, a foreign
labor contractor, or someone acting on behalf of such contractor may
seek to have a foreign labor contractor's name removed from such list
by demonstrating to the Secretary's satisfaction that the foreign labor
contractor has not violated this Act in the previous five years.
(3) No foreign labor contractor shall violate, without
justification, the terms of any written agreements made with an
employer pertaining to any contracting activity or worker protection
under this Act.
(c) Discrimination Prohibited Against Workers Seeking Relief Under
This Act.--No person shall intimidate, threaten, restrain, coerce,
blacklist, discharge, or in any manner discriminate against any worker
because such worker has, with just cause, filed any complaint or
instituted, or caused to be instituted, any proceeding under or related
to this Act, or has testified or is about to testify in any such
proceedings, or because of the exercise, with just cause, by such
worker on behalf of himself or others of any right or protection
afforded by this Act.
SEC. 3. ENFORCEMENT PROVISIONS.
(a) Criminal Sanctions.--Whoever knowingly violates this Act shall
be fined under title 18, United States Code, or imprisoned not more
than one year, or both. Upon conviction, after a first conviction under
this section, for a second or subsequent violation of this Act, the
defendant shall be fined under title 18, United States Code, or
imprisoned not more than three years, or both.
(b) Administrative Sanctions.--(1)(A) Subject to subparagraph (B),
the Secretary may assess a civil money penalty of not more than $5,000
on any person who violates this Act.
(B) In determining the amount of any penalty to be assessed under
subparagraph (A), the Secretary shall take into account (i) the
previous record of the person in terms of compliance with this Act and
with comparable requirements of the Fair Labor Standards Act of 1938,
and with regulations promulgated under such Acts, and (ii) the gravity
of the violation.
(2) Any employer who uses the services of a foreign labor
contractor who is on the list maintained by the Secretary pursuant to
section 2(b)(2), shall, if the actions of such foreign labor contractor
have contributed to a violation of this Act by the employer, be fined
$10,000 per violation in addition to any other fines or penalties for
which the employer may be liable for the violation.
(c) Actions by Secretary.--The Secretary may take such actions,
including seeking appropriate injunctive relief and specific
performance of contractual obligations, as may be necessary to assure
employer compliance with terms and conditions of employment under this
Act and with this Act.
(d) Waiver of Rights.--Agreements by employees purporting to waive
or to modify their rights under this Act shall be void as contrary to
public policy.
(e) Representation in Court.--Except as provided in section 518(a)
of title 28, United States Code, relating to litigation before the
Supreme Court, the Solicitor of Labor may appear for and represent the
Secretary in any civil litigation brought under this Act, but all such
litigation shall be subject to the direction and control of the
Attorney General.
SEC. 4. PROCEDURES IN ADDITION TO OTHER RIGHTS OF EMPLOYEES.
The rights and remedies provided to workers by this Act are in
addition to, and not in lieu of, any other contractual or statutory
rights and remedies of the workers, and are not intended to alter or
affect such rights and remedies.
SEC. 5. AUTHORITY TO PRESCRIBE REGULATIONS.
The Secretary of Labor shall prescribe such regulations as may be
necessary to carry out this Act.
SEC. 6. DEFINITIONS.
(a) In General.--Except as otherwise provided by this Act, for
purposes of this Act the terms used in this Act shall have the same
meanings, respectively, as are given those terms in section 3 of the
Fair Labor Standards Act of 1938.
(b) Other Definitions.--As used in this Act:
(1) The term ``United States'' means any within any State.
(2) The term ``State'' means any State of the United States
and includes the District of Columbia, Puerto Rico, Guam,
American Samoa, the Commonwealth of the Northern Mariana
Islands, and the Virgin Islands of the United States.
(3) The term ``foreign labor contractor'' means any person
who for any money or other valuable consideration paid or
promised to be paid, performs any foreign labor contracting
activity.
(4) The term ``foreign labor contracting activity'' means
recruiting, soliciting, hiring, employing, or furnishing, an
individual who resides outside of the United States to be
employed in the United States.
(5) The term ``Secretary'' means the Secretary of Labor.
(6) The term ``worker'' means an individual who is the
subject of foreign labor contracting activity. | Indentured Servitude Abolition Act of 2005 - Requires foreign labor contractors (recruiters) and employers to inform foreign workers accurately of specified terms and conditions of their employment at the time they are recruited. Requires such information to be provided in written form in English or, as necessary and reasonable, in the language of the worker being recruited.
Prohibits charging fees to workers for recruitment.
Requires employers to pay such a worker's transportation costs, including subsistence costs during the period of travel: (1) from the place of recruitment to the place of employment; and (2) from the place of employment to the worker's place of permanent residence.
Prohibits discrimination in employment by an employer or a recruiter against an individual because of race, color, creed, sex, national origin, religion, age, or disability.
Requires employers to notify the Secretary of Labor of the identity of: (1) any recruiter involved in any foreign labor contractor activity for or on behalf of the employer; and (2) any such recruiter whose activities do not comply with this Act. Subjects employers to the civil remedies of this Act for violations committed by such recruiters to the same extent as if the employers had committed the violations.
Prescribes civil and criminal penalties for violations of this Act. | {"src": "billsum_train", "title": "To provide for labor recruiter accountability, and for other purposes."} | 2,158 | 284 | 0.599381 | 1.732739 | 0.827038 | 4.690763 | 8.228916 | 0.899598 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ambassador James R. Lilley and
Congressman Stephen J. Solarz North Korea Human Rights Reauthorization
Act of 2012''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The North Korean Human Rights Act of 2004 (Public Law 108-
333; 22 U.S.C. 7801 et seq.) and the North Korean Human Rights
Reauthorization Act of 2008 (Public Law 110-346) were the product
of broad, bipartisan consensus regarding the promotion of human
rights, transparency in the delivery of humanitarian assistance,
and the importance of refugee protection.
(2) In addition to the longstanding commitment of the United
States to refugee and human rights advocacy, the United States is
home to the largest Korean population outside of northeast Asia,
and many in the two-million strong Korean-American community have
family ties to North Korea.
(3) Although the transition to the leadership of Kim Jong-Un
after the death of Kim Jong-Il has introduced new uncertainties and
possibilities, the fundamental human rights and humanitarian
conditions inside North Korea remain deplorable, North Korean
refugees remain acutely vulnerable, and the findings in the 2004
Act and 2008 Reauthorization remain substantially accurate today.
(4) Media and nongovernmental organizations have reported a
crackdown on unauthorized border crossing during the North Korean
leadership transition, including authorization for on-the-spot
execution of attempted defectors, as well as an increase in
punishments during the 100-day official mourning period after the
death of Kim Jong-Il.
(5) Notwithstanding high-level advocacy by the United States,
the Republic of Korea, and the United Nations High Commissioner for
Refugees, China has continued to forcibly repatriate North Koreans,
including dozens of presumed refugees who were the subject of
international humanitarian appeals during February and March of
2012.
(6) The United States, which has the largest international
refugee resettlement program in the world, has resettled 128 North
Koreans since passage of the 2004 Act, including 23 North Koreans
in fiscal year 2011.
(7) In a career of Asia-focused public service that spanned
more than half a century, including service as a senior United
States diplomat in times and places where there were significant
challenges to human rights, Ambassador James R. Lilley also served
as a director of the Committee for Human Rights in North Korea
until his death in 2009.
(8) Following his 18 years of service in the House of
Representatives, including as Chairman of the Foreign Affairs
Subcommittee on East Asian and Pacific Affairs, Stephen J. Solarz
committed himself to, in his words, highlighting ``the plight of
ordinary North Koreans who are denied even the most basic human
rights, and the dramatic and heart-rending stories of those who
risk their lives in the struggle to escape what is certainly the
world's worst nightmare'', and served as co-chairman of the
Committee for Human Rights in North Korea until his death in 2010.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States should continue to seek cooperation from
foreign governments to allow the United States to process North
Korean refugees overseas for resettlement in the United States,
through persistent diplomacy by senior officials of the United
States, including United States ambassadors to Asia-Pacific
countries, and close cooperation with its ally, the Republic of
Korea; and
(2) because there are genuine refugees among North Koreans
fleeing into China who face severe punishments upon their forcible
return, the United States should urge the People's Republic of
China to--
(A) immediately halt its forcible repatriation of North
Koreans;
(B) fulfill its obligations pursuant to the 1951 United
Nations Convention Relating to the Status of Refugees, the 1967
Protocol Relating to the Status of Refugees, and the 1995
Agreement on the Upgrading of the UNHCR Mission in the People's
Republic of China to UNHCR Branch Office in the People's
Republic of China; and
(C) allow the United Nations High Commissioner for Refugees
(UNHCR) unimpeded access to North Koreans inside China to
determine whether such North Koreans are refugees requiring
protection.
SEC. 4. SUPPORT FOR HUMAN RIGHTS AND DEMOCRACY PROGRAMS.
Section 102(b)(1) of the North Korean Human Rights Act of 2004 (22
U.S.C. 7812(b)(1)) is amended by striking ``2012'' and inserting
``2017''.
SEC. 5. RADIO BROADCASTING TO NORTH KOREA.
Not later than 120 days after the date of the enactment of this
Act, the Broadcasting Board of Governors (BBG) shall submit to the
appropriate congressional committees, as defined in section 5(1) of the
North Korean Human Rights Act of 2004 (22 U.S.C. 7803(1)), a report
that describes the status and content of current United States
broadcasting to North Korea and the extent to which the BBG has
achieved the goal of 12-hour-per-day broadcasting to North Korea
pursuant to section 103 of such Act (22 U.S.C. 7813).
SEC. 6. ACTIONS TO PROMOTE FREEDOM OF INFORMATION.
Subsections (b)(1) and (c) of section 104 of the North Korean Human
Rights Act of 2004 (22 U.S.C. 7814) is amended by striking ``2012'' and
inserting ``2017'' each place it appears.
SEC. 7. SPECIAL ENVOY ON NORTH KOREAN HUMAN RIGHTS ISSUES.
Section 107(d) of the North Korean Human Rights Act of 2004 (22
U.S.C. 7817(d)) is amended by striking ``2012'' and inserting ``2017''.
SEC. 8. REPORT ON UNITED STATES HUMANITARIAN ASSISTANCE.
Section 201(a) of the North Korean Human Rights Act of 2004 (22
U.S.C. 7831(a)) is amended, in the matter preceding paragraph (1), by
striking ``2012'' and inserting ``2017''.
SEC. 9. ASSISTANCE PROVIDED OUTSIDE OF NORTH KOREA.
Section 203(c)(1) of the North Korean Human Rights Act of 2004 (22
U.S.C. 7833(c)(1)) is amended--
(1) by striking ``$20,000,000'' and inserting ``$5,000,000'';
and
(2) by striking ``2005 through 2012'' and inserting ``2013
through 2017''.
SEC. 10. ANNUAL REPORTS.
Section 305(a) of the North Korean Human Rights Act of 2004 (22
U.S.C. 7845(a)) is amended, in the matter preceding paragraph (1) by
striking ``2012'' and inserting ``2017''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Ambassador James R. Lilley and Congressman Stephen J. Solarz North Korea Human Rights Reauthorization Act of 2012 - Expresses the sense of Congress that the United States should: (1) continue to seek cooperation from foreign governments to allow the United States to process North Korean refugees overseas for U.S. resettlement, (2) urge China to halt its forcible repatriation of North Koreans, and (3) allow the United Nations High Commissioner for Refugees (UNHCR) access to North Koreans inside China to determine whether such North Koreans are refugees requiring protection.
Amends the North Korean Human Rights Act of 2004 to authorize appropriations through FY2017: (1) for grants that promote democracy, human rights, and a market economy in North Korea, (2) to increase the availability of non-government controlled information inside North Korea, and (3) for organizations or persons that provide humanitarian assistance to North Koreans who are outside of North Korea.
Extends through 2017 the annual congressional reporting requirement for: (1) the Secretary of State to report on activities to increase the availability of non-government controlled information inside North Korea, (2) the Special Envoy for North Korean human rights issues to report on human rights related activities, (3) the Secretary and Administrator of the U.S. Agency for International Development (USAID) to report on U.S. humanitarian assistance inside North Korea and to North Koreans outside of North Korea, and (4) the Secretary and the Secretary of Homeland Security (DHS) to report on the number of North Koreans seeking refugee status or political asylum in the United States.
Directs the Broadcasting Board of Governors to report to Congress regarding U.S. broadcasting to North Korea and the extent to which the Board has achieved the goal of 12-hour-per-day broadcasting to North Korea. | {"src": "billsum_train", "title": "To reauthorize the North Korean Human Rights Act of 2004, and for other purposes."} | 1,565 | 379 | 0.570271 | 2.110161 | 0.799605 | 3.832845 | 3.967742 | 0.853372 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sewage Sludge in Food Production
Consumer Notification Act''.
SEC. 2. NOTIFICATION TO CONSUMERS OF FOOD PRODUCTS PRODUCED ON LAND ON
WHICH SEWAGE SLUDGE HAS BEEN APPLIED.
(a) Adulterated Food Under Federal Food, Drug, and Cosmetic Act.--
Section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342)
is amended by adding at the end the following:
``(j)(1) Effective one year after the date of the enactment of the
Sewage Sludge in Food Production Consumer Notification Act, if it is a
food (intended for human consumption and offered for sale) that was
produced, or contains any ingredient that was produced, on land on
which sewage sludge was applied, unless--
``(A) the application of sewage sludge to the land
terminated more than one year before the date on which
the production of the food or ingredient on the land
commenced;
``(B) the food bears a label that clearly indicates
that the food, or an ingredient of the food, was
produced on land on which sewage sludge was applied; or
``(C) in the case of a raw agricultural commodity
or other food generally offered for sale without
labeling, a sign is posted within close proximity of
the food to notify consumers that the food, or an
ingredient of the food, was produced on land on which
sewage sludge was applied.
``(2) In this paragraph, the term `sewage sludge' has the meaning
given to such term in section 503.9(w) of title 40, Code of Federal
Regulations (or any successor regulations).''.
(b) Adulterated Food Under Egg Products Inspection Act.--Section 4
of the Egg Products Inspection Act (21 U.S.C. 1033) is amended--
(1) in paragraph (a)--
(A) by striking ``or'' at the end of paragraph (7);
(B) by striking the period at the end of paragraph
(8) and inserting ``; or''; and
(C) by adding at the end the following:
``(9) effective one year after the date of the enactment of
the Sewage Sludge in Food Production Consumer Notification Act,
if it is derived from poultry that were raised, or that
consumed animal feed produced, on land on which sewage sludge
was applied, unless--
``(A) the application of sewage sludge to the land
terminated more than one year before the date on which
the poultry began to be raised on the land or the date
on which the production of the animal feed on the land
commenced; or
``(B) the container bears a label that clearly
indicates that the egg or egg product was derived from
poultry that--
``(i) were raised on land on which sewage
sludge was applied; or
``(ii) consumed animal feed produced on
land on which sewage sludge was applied.''; and
(2) by adding at the end the following new subsection:
``(aa) The term `sewage sludge' has the meaning given to such term
in section 402(j)(2) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 342(j)(2)).''.
(c) Adulterated Food Under Federal Meat Inspection Act.--Section 1
of the Federal Meat Inspection Act (21 U.S.C. 601) is amended--
(1) in paragraph (m)--
(A) by striking ``or'' at the end of paragraph (8);
(B) by striking the period at the end of paragraph
(9) and inserting ``; or''; and
(C) by adding at the end the following:
``(10) effective one year after the date of the enactment
of the Sewage Sludge in Food Production Consumer Notification
Act, if it is derived from livestock that grazed, or consumed
animal feed produced, on land on which sewage sludge was
applied, unless--
``(A) the application of sewage sludge to the land
terminated more than one year before the date on which
the livestock began grazing on the land or the date on
which the production of the animal feed on the land
commenced;
``(B) the carcass, part thereof, meat or meat food
product bears a label that clearly indicates that the
livestock--
``(i) grazed on land on which sewage sludge
was applied; or
``(ii) consumed animal feed produced on
land on which sewage sludge was applied; or
``(C) in the case of a carcass, part thereof, meat
or meat food product generally offered for sale without
labeling, a sign is posted within close proximity of
the item to notify consumers that the livestock--
``(i) grazed on land on which sewage sludge
was applied; or
``(ii) consumed animal feed produced on
land on which sewage sludge was applied.''; and
(2) by adding at the end the following new paragraph:
``(x) The term `sewage sludge' has the meaning given to such term
in section 402(j)(2) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 342(j)(2)).''.
(d) Adulterated Food Under Poultry Products Inspection Act.--
Section 4 of the Poultry Products Inspection Act (21 U.S.C. 453) is
amended--
(1) in paragraph (g)--
(A) by striking ``or'' at the end of paragraph (7);
(B) by striking the period at the end of paragraph
(8) and inserting ``; or''; and
(C) by adding at the end the following new
paragraph:
``(9) effective one year after the date of the enactment of
the Sewage Sludge in Food Production Consumer Notification Act,
if it is derived from poultry that were raised, or that
consumed animal feed produced, on land on which sewage sludge
was applied, unless--
``(A) the application of sewage sludge to the land
terminated more than one year before the date on which
the poultry began to be raised on the land or the date
on which the production of the animal feed on the land
commenced;
``(B) the poultry product bears a label that
clearly indicates that the poultry contained in the
product--
``(i) were raised on land on which sewage
sludge was applied; or
``(ii) consumed animal feed produced on
land on which sewage sludge was applied; or
``(C) in the case of a poultry product generally
offered for sale without labeling, a sign is posted
within close proximity of the item to notify consumers
that the poultry contained in the product--
``(i) were raised on land on which sewage
sludge was applied; or
``(ii) consumed animal feed produced on
land on which sewage sludge was applied.''; and
(2) by adding at the end the following new paragraph:
``(cc) The term `sewage sludge' has the meaning given to such term
in section 402(j)(2) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 342(j)(2)).''.
(e) Relation to National Organic Program.--
(1) In general.--Nothing in this section or the amendments
made by this section shall be construed to modify the
prohibition contained in part 205 of title 7, Code of Federal
Regulations, on the use of sewage sludge, including ash, grit,
or screenings from the production of sewage sludge, in organic
food production under the National Organic Program of the
Department of Agriculture.
(2) Definition.--In this subsection, the term ``sewage
sludge'' has the meaning given to such term in section 503.9(w)
of title 40, Code of Federal Regulations (or any successor
regulations), except that such term includes ash generated
during the firing of sewage sludge in a sewage sludge
incinerator or grit and screenings generated during preliminary
treatment of domestic sewage in a treatment works. | Sewage Sludge in Food Production Consumer Notification Act - Amends the Federal Food, Drug, and Cosmetic Act, the Egg Products Inspection Act, the Federal Meat Inspection Act, and the Poultry Products Inspection Act to deem as adulterated food that is: (1) produced on land on which sewage sludge was applied; (2) derived from poultry that were raised, or that consumed animal feed produced, on such land; and (3) derived from livestock that grazed, or consumed animal feed produced, on such land.
Permits exceptions if: (1) the application of sewage sludge ended more than one year before producing food, raising poultry, producing animal feed, or grazing livestock; (2) the food labeling includes notice that the product was produced on such land; or (3) a sign providing such notice is posted in close proximity to the product for those foods generally offered for sale without labeling.
States that nothing in this Act shall be construed to modify the prohibition on the use of sewage sludge in organic food production under the National Organic Program of the Department of Agriculture (USDA). | {"src": "billsum_train", "title": "To amend the Food, Drug, and Cosmetic Act and the egg, meat, and poultry inspection laws to ensure that consumers receive notification regarding food products produced from crops, livestock, or poultry raised on land on which sewage sludge was applied."} | 1,921 | 245 | 0.754047 | 2.154226 | 0.758343 | 4.181395 | 7.748837 | 0.906977 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advancing Cybersecurity Diagnostics
and Mitigation Act''.
SEC. 2. ESTABLISHMENT OF CONTINUOUS DIAGNOSTICS AND MITIGATION PROGRAM
IN DEPARTMENT OF HOMELAND SECURITY.
(a) In General.--Section 230 of the Homeland Security Act of 2002
(6 U.S.C. 151) is amended by adding at the end the following new
subsection:
``(g) Continuous Diagnostics and Mitigation.--
``(1) Program.--
``(A) In general.--The Secretary shall deploy,
operate, and maintain a continuous diagnostics and
mitigation program. Under such program, the Secretary
shall--
``(i) develop and provide the capability to
collect, analyze, and visualize information
relating to security data and cybersecurity
risks;
``(ii) make program capabilities available
for use, with or without reimbursement;
``(iii) employ shared services, collective
purchasing, blanket purchase agreements, and
any other economic or procurement models the
Secretary determines appropriate to maximize
the costs savings associated with implementing
an information system;
``(iv) assist entities in setting
information security priorities and managing
cybersecurity risks; and
``(v) develop policies and procedures for
reporting systemic cybersecurity risks and
potential incidents based upon data collected
under such program.
``(B) Regular improvement.--The Secretary shall
regularly deploy new technologies and modify existing
technologies to the continuous diagnostics and
mitigation program required under subparagraph (A), as
appropriate, to improve the program.
``(2) Activities.--In carrying out the continuous
diagnostics and mitigation program under paragraph (1), the
Secretary shall ensure, to the extent practicable, that--
``(A) timely, actionable, and relevant
cybersecurity risk information, assessments, and
analysis are provided in real time;
``(B) share the analysis and products developed
under such program;
``(C) all information, assessments, analyses, and
raw data under such program is made available to the
national cybersecurity and communications integration
center of the Department; and
``(D) provide regular reports on cybersecurity
risks.''.
(b) Continuous Diagnostics and Mitigation Strategy.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall develop a comprehensive continuous diagnostics and
mitigation strategy to carry out the continuous diagnostics and
mitigation program required under subsection (g) of section 230
of such Act, as added by subsection (a).
(2) Scope.--The strategy required under paragraph (1) shall
include the following:
(A) A description of the continuous diagnostics and
mitigation program, including efforts by the Secretary
of Homeland Security to assist with the deployment of
program tools, capabilities, and services, from the
inception of the program referred to in paragraph (1)
to the date of the enactment of this Act.
(B) A description of the coordination required to
deploy, install, and maintain the tools, capabilities,
and services that the Secretary of Homeland Security
determines to be necessary to satisfy the requirements
of such program.
(C) A description of any obstacles facing the
deployment, installation, and maintenance of tools,
capabilities, and services under such program.
(D) Recommendations and guidelines to help maintain
and continuously upgrade tools, capabilities, and
services provided under such program.
(E) Recommendations for using the data collected by
such program for creating a common framework for data
analytics, visualization of enterprise-wide risks, and
real-time reporting.
(F) Recommendations for future efforts and
activities, including for the rollout of new tools,
capabilities and services, proposed timelines for
delivery, and whether to continue the use of phased
rollout plans, related to securing networks, devices,
data, and information technology assets through the use
of such program.
(3) Form.--The strategy required under subparagraph (A)
shall be submitted in an unclassified form, but may contain a
classified annex.
(c) Report.--Not later than 90 days after the development of the
strategy required under subsection (b), the Secretary of Homeland
Security shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Homeland
Security of the House of Representative a report on cybersecurity risk
posture based on the data collected through the continuous diagnostics
and mitigation program under subsection (g) of section 230 of the
Homeland Security Act of 2002, as added by subsection (a).
Passed the House of Representatives September 4, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Advancing Cybersecurity Diagnostics and Mitigation Act (Sec. 2) This bill directs the Department of Homeland Security (DHS) to: (1) deploy, operate, and maintain a continuous diagnostics and mitigation program to collect, analyze, and visualize security data and cybersecurity risk; (2) regularly deploy new technologies and modify existing technologies to improve such program; (3) develop a comprehensive strategy to carry out the program; and (4) report to the congressional homeland security committees on cybersecurity risk posture based on data collected through the program. In carrying out the program, DHS must ensure that cybersecurity risk information, assessments, and analyses are provided in real time and program information is available to the DHS national cybersecurity and communications integration center. | {"src": "billsum_train", "title": "Advancing Cybersecurity Diagnostics and Mitigation Act"} | 1,008 | 153 | 0.684297 | 1.93041 | 0.731836 | 3.384615 | 6.748252 | 0.937063 |
SECTION 1. CONGRESSIONAL FINDINGS.
Congress finds as follows:
(1) During World War II, more than 75,000 Jews and
thousands of other persons were deported from France to Nazi
concentration camps, on trains operated for profit by the
Societe Nationale des Chemins de Fers Francais (in this Act
referred to as ``SNCF''), including deportations to Auschwitz
and Buchenwald. Numerous citizens and residents of the United
States were among those on the trains or had relatives on the
trains. United States servicemen who were pilots shot down over
France were also among the persons deported on the SNCF trains
to Nazi concentration camps.
(2) United States citizens and others have sought redress
against SNCF by filing a class action suit in the United States
District Court for the Eastern District of New York. The named
plaintiffs and class members include United States Army Air
Force pilots and United States citizens.
(3) The complaint filed alleges that SNCF, a separate
corporate entity which remained independent during World War
II, operated the deportation trains for a profit, as ordinary
commercial transactions. SNCF remained under French civilian
control throughout World War II and is alleged to have
collaborated willingly with the German Nazi regime.
(4) The complaint alleges that SNCF provided the necessary
rolling stock, scheduled the departures, and supplied the
employees to operate the trains bound for the concentration
camps. SNCF allegedly charged an ordinary passenger coach fare
for the deportations, calculated per person and per kilometer,
and considered these trains as ordinary commercial activities.
The plaintiffs further contend that SNCF herded as many people
as possible into each car, requiring passengers of all ages and
sexes, including the elderly and young children, to stand
throughout the trip of several days' duration, with no
provision for food or water and no sanitary facilities. The
complaint further alleges that SNCF cleaned the trains after
each trip, removing the corpses of persons who perished during
transit due to the execrable conditions of the train cars. The
destination was in each case a camp in which the deportees were
to be exterminated, worked to death, or made to suffer terrible
and inhuman conditions.
(5) The complaint contends that SNCF's actions violated the
Principles of the Nuremberg Tribunal, 1950, relating to crimes
under international law (earlier recognized by the Martens
Clause of the Hague Convention IV of 1907), and aided and
abetted the commission of war crimes and crimes against
humanity. SNCF has not denied its actions and has never
disgorged the money that it was paid for the deportations or
otherwise compensated the deportees or their heirs.
(6) SNCF's records concerning the deportation trains have
not been made available to the plaintiffs, and SNCF archives
concerning its wartime activities remain closed to the general
public.
(7) SNCF moved to dismiss the lawsuit on a claim of
sovereign immunity under the Foreign Sovereign Immunities Act
of 1976 (28 U.S.C. 1330 and 1602 et seq.), even though it is
one of the 500 largest corporations in the world, earns
hundreds of millions of dollars from its commercial activities
in the United States, and is not accorded sovereign immunity
under the laws of France. SNCF's motion to dismiss the lawsuit
has been granted by the United States District Court for the
Eastern District of New York. Plaintiffs appealed the decision,
their appeal was granted, and the case was remanded for further
proceedings.
(8) This lawsuit presents issues of substantial importance
to citizens and veterans of the United States and finds that
the courts of the United States are a proper forum for this
lawsuit and similar suits.
(9) SNCF is attempting to use the Foreign Sovereign
Immunities Act of 1976, enacted 30 years after the events at
issue occurred, to evade liability for conduct for which it
would otherwise be held accountable, rather than accepting
responsibility for its actions. Under the rule of separate
entities applicable at the time of the events in question, SNCF
would not be immune from suit in United States courts. The
Foreign Sovereign Immunities Act of 1976 was not intended to
expand the reach of immunity in these circumstances.
SEC. 2. ACCESS TO UNITED STATES COURTS FOR HOLOCAUST DEPORTEES.
(a) Jurisdiction of District Courts.--The United States district
courts shall have original jurisdiction, without regard to the amount
in controversy, of any civil action for damages for personal injury or
death that--
(1) arose from the deportation of persons to Nazi
concentration camps during the period beginning on January 1,
1942, and ending on December 31, 1944; and
(2) is brought by any such person, or any heir or survivor
of such person, against a railroad that--
(A) owned or operated the trains on which the
persons were so deported; and
(B) was organized as a separate legal entity at the
time of the deportation, whether or not any of the
equity interest in the railroad was owned by a foreign
state.
(b) Other Laws not Applicable.--Sections 1330 and 1601 through 1611
of title 28, United States Code, or any other law limiting the
jurisdiction of the United States courts, whether by statute or under
common law, shall not preclude any action under subsection (a).
(c) Inapplicability of Statutes of Limitation.--No action described
in subsection (a) shall be barred by a defense that the time for
bringing such action has expired under a statute of limitations.
(d) Applicability.--This section shall apply to any action pending
on January 1, 2002, and to any action commenced on or after that date. | Grants U.S. district courts original jurisdiction over any civil action for damages for personal injury or death that: (1) arose from the deportation of persons to Nazi concentration camps between January 1, 1942, and December 31, 1944; and (2) is brought by or on behalf of such person against a railroad that owned or operated the trains on which the persons were deported and that was organized as a separate legal entity.
Provides that: (1) no law limiting the jurisdiction of the U.S. courts shall preclude any such action; and (2) no such action shall be barred because a statute of limitations has expired. Makes this Act applicable to any action pending on or commenced after January 1, 2000. | {"src": "billsum_train", "title": "To ensure that the courts of the United States may provide an impartial forum for claims brought by United States citizens and others against any railroad organized as a separate legal entity, arising from the deportation of United States citizens and others to Nazi concentration camps on trains owned or operated by such railroad, and by the heirs and survivors of such persons."} | 1,280 | 150 | 0.436649 | 1.437858 | 0.564201 | 4.18705 | 8.215827 | 0.935252 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Internet Tax Nondiscrimination
Act''.
SEC. 2. FOUR-YEAR EXTENSION OF INTERNET TAX MORATORIUM.
(a) In General.--Subsection (a) of section 1101 of the Internet Tax
Freedom Act (47 U.S.C. 151 note) is amended to read as follows:
``(a) Moratorium.--No State or political subdivision thereof may
impose any of the following taxes during the period beginning November
1, 2003, and ending November 1, 2007:
``(1) Taxes on Internet access.
``(2) Multiple or discriminatory taxes on electronic
commerce.''.
(b) Conforming Amendments.--(1) Section 1101 of the Internet Tax
Freedom Act (47 U.S.C. 151 note) is amended by striking subsection (d)
and redesignating subsections (e) and (f) as subsections (d) and (e),
respectively.
(2) Section 1104(10) of the Internet Tax Freedom Act (47 U.S.C. 151
note) is amended to read as follows:
``(10) Tax on internet access.--
``(A) In general.--The term `tax on Internet access' means
a tax on Internet access, regardless of whether such tax is
imposed on a provider of Internet access or a buyer of Internet
access and regardless of the terminology used to describe the
tax.
``(B) General exception.--The term `tax on Internet access'
does not include a tax levied upon or measured by net income,
capital stock, net worth, or property value.''.
(3) Section 1104(2)(B)(i) of the Internet Tax Freedom Act (47
U.S.C. 151 note) is amended by striking ``except with respect to a tax
(on Internet access) that was generally imposed and actually enforced
prior to October 1, 1998,''.
(c) Internet Access Service; Internet Access.--
(1) Internet access service.--Paragraph (3)(D) of section
1101(d) (as redesignated by subsection (b)(1) of this section) of
the Internet Tax Freedom Act (47 U.S.C. 151 note) is amended by
striking the second sentence and inserting ``The term `Internet
access service' does not include telecommunications services,
except to the extent such services are purchased, used, or sold by
a provider of Internet access to provide Internet access.''.
(2) Internet access.--Section 1104(5) of that Act is amended by
striking the second sentence and inserting ``The term `Internet
access' does not include telecommunications services, except to the
extent such services are purchased, used, or sold by a provider of
Internet access to provide Internet access.''.
SEC. 3. GRANDFATHERING OF STATES THAT TAX INTERNET ACCESS.
The Internet Tax Freedom Act (47 U.S.C. 151 note) is amended--
(1) by redesignating section 1104 as section 1105; and
(2) by inserting after section 1103 the following:
``SEC. 1104. GRANDFATHERING OF STATES THAT TAX INTERNET ACCESS.
``(a) Pre-October 1998 Taxes.--
``(1) In general.--Section 1101(a) does not apply to a tax on
Internet access that was generally imposed and actually enforced
prior to October 1, 1998, if, before that date--
``(A) the tax was authorized by statute; and
``(B) either--
``(i) a provider of Internet access services had a
reasonable opportunity to know, by virtue of a rule or
other public proclamation made by the appropriate
administrative agency of the State or political subdivision
thereof, that such agency has interpreted and applied such
tax to Internet access services; or
``(ii) a State or political subdivision thereof generally
collected such tax on charges for Internet access.
``(2) Termination.--
``(A) In general.--Except as provided in subparagraph (B),
this subsection shall not apply after November 1, 2007.
``(B) State telecommunications service tax.--
``(i) Date for termination.--This subsection shall not
apply after November 1, 2006, with respect to a State
telecommunications service tax described in clause (ii).
``(ii) Description of tax.--A State telecommunications
service tax referred to in subclause (i) is a State tax--
``(I) enacted by State law on or after October 1,
1991, and imposing a tax on telecommunications service;
and
``(II) applied to Internet access through
administrative code or regulation issued on or after
December 1, 2002.''.
``(b) Pre-November 2003 Taxes.--
``(1) In general.--Section 1101(a) does not apply to a tax on
Internet access that was generally imposed and actually enforced as
of November 1, 2003, if, as of that date, the tax was authorized by
statute and--
``(A) a provider of Internet access services had a
reasonable opportunity to know by virtue of a public rule or
other public proclamation made by the appropriate
administrative agency of the State or political subdivision
thereof, that such agency has interpreted and applied such tax
to Internet access services; and
``(B) a State or political subdivision thereof generally
collected such tax on charges for Internet access.
``(2) Termination.--This subsection shall not apply after
November 1, 2005.''.
SEC. 4. ACCOUNTING RULE.
The Internet Tax Freedom Act (47 U.S.C. 151 note) is amended by
adding at the end the following:
``SEC. 1106. ACCOUNTING RULE.
``(a) In General.--If charges for Internet access are aggregated
with and not separately stated from charges for telecommunications
services or other charges that are subject to taxation, then the
charges for Internet access may be subject to taxation unless the
Internet access provider can reasonably identify the charges for
Internet access from its books and records kept in the regular course
of business.
``(b) Definitions.--In this section:
``(1) Charges for internet access.--The term `charges for
Internet access' means all charges for Internet access as defined
in section 1105(5).
``(2) Charges for telecommunications services.--The term
`charges for telecommunications services' means all charges for
telecommunications services, except to the extent such services are
purchased, used, or sold by a provider of Internet access to
provide Internet access.''.
SEC. 5. EFFECT ON OTHER LAWS.
The Internet Tax Freedom Act (47 U.S.C. 151 note), as amended by
section 4, is amended by adding at the end the following:
``SEC. 1107. EFFECT ON OTHER LAWS.
``(a) Universal Service.--Nothing in this Act shall prevent the
imposition or collection of any fees or charges used to preserve and
advance Federal universal service or similar State programs--
``(1) authorized by section 254 of the Communications Act of
1934 (47 U.S.C. 254); or
``(2) in effect on February 8, 1996.
``(b) 911 and E-911 Services.--Nothing in this Act shall prevent
the imposition or collection, on a service used for access to 911 or E-
911 services, of any fee or charge specifically designated or presented
as dedicated by a State or political subdivision thereof for the
support of 911 or E-911 services if no portion of the revenue derived
from such fee or charge is obligated or expended for any purpose other
than support of 911 or E-911 services.
``(c) Non-Tax Regulatory Proceedings.--Nothing in this Act shall be
construed to affect any Federal or State regulatory proceeding that is
not related to taxation.''.
SEC. 6. EXCEPTION FOR VOICE AND OTHER SERVICES OVER THE INTERNET.
The Internet Tax Freedom Act (47 U.S.C. 151 note), as amended by
section 5, is amended by adding at the end the following:
``SEC. 1108. EXCEPTION FOR VOICE SERVICES OVER THE INTERNET.
``Nothing in this Act shall be construed to affect the imposition
of tax on a charge for voice or similar service utilizing Internet
Protocol or any successor protocol. This section shall not apply to any
services that are incidental to Internet access, such as voice-capable
e-mail or instant messaging.''.
SEC. 6A. EXCEPTION FOR TEXAS MUNICIPAL ACCESS LINE FEE.
The Internet Tax Freedom Act (47 U.S.C. 151 note), as amended by
section 6, is amended by adding at the end the following:
``SEC. 1109. EXCEPTION FOR TEXAS MUNICIPAL ACCESS LINE FEE.
``Nothing in this Act shall prohibit Texas or a political
subdivision thereof from imposing or collecting the Texas municipal
access line fee pursuant to Texas Local Govt. Code Ann. ch. 283 (Vernon
2005) and the definition of access line as determined by the Public
Utility Commission of Texas in its `Order Adopting Amendments to
Section 26.465 As Approved At The February 13, 2003 Public Hearing',
issued March 5, 2003, in Project No. 26412.''.
SEC. 7. GAO STUDY OF EFFECTS OF INTERNET TAX MORATORIUM ON STATE AND
LOCAL GOVERNMENTS AND ON BROADBAND DEPLOYMENT.
The Comptroller General shall conduct a study of the impact of the
Internet tax moratorium, including its effects on the revenues of State
and local governments and on the deployment and adoption of broadband
technologies for Internet access throughout the United States,
including the impact of the Internet Tax Freedom Act (47 U.S.C. 151
note) on build-out of broadband technology resources in rural
underserved areas of the country. The study shall compare deployment
and adoption rates in States that tax broadband Internet access service
with States that do not tax such service, and take into account other
factors to determine whether the Internet Tax Freedom Act has had an
impact on the deployment or adoption of broadband Internet access
services. The Comptroller General shall report the findings,
conclusions, and any recommendations from the study to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Energy and Commerce no later than November
1, 2005.
SEC. 8. EFFECTIVE DATE.
The amendments made by this Act take effect on November 1, 2003.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Internet Tax Nondiscrimination Act - (Sec. 2) Amends the Internet Tax Freedom Act to extend the ban on State taxation of Internet access and on multiple or discriminatory taxes on electronic commerce until November 1, 2007.
Changes the definition of "tax on Internet access" to: (1) mean a tax on Internet access regardless of whether such tax is imposed on a provider of Internet access or a buyer of Internet access and regardless of the terminology used to describe the tax; and (2) exclude a tax levied upon or measured by net income, capital stock, net worth, or property value.
Changes the definition of "Internet access service" to exclude telecommunications services (current law), except to the extent such services are purchased, used, or sold by an Internet access provider to provide Internet access.
(Sec. 3) Extends: (1) through November 1, 2007, the Internet access taxing authority of States that had a tax on Internet access prior to October 1, 1998; and (2) through November 1, 2005, the Internet access taxing authority of States that had a tax on Internet access as of November 1, 2003.
Terminates after November 1, 2006, the authority of a State to tax Internet access with respect to a State telecommunications service tax: (1) enacted by State law on or after October 1, 1991, and imposing a tax on telecommunications service; and (2) applied to Internet access through administrative code or regulation issued on or after December 1, 2002.
(Sec. 4) Permits subjecting Internet access charges to taxation if they are aggregated with telecommunications service charges and the provider cannot identify them from regular business records.
(Sec. 5) Specifies that nothing in this Act shall prevent the imposition of fees to preserve and advance Federal universal service (or similar State programs) or 911 or E-911 services.
(Sec. 6) Specifies that nothing in this Act shall be construed to affect any Federal or state regulatory proceeding that is not related to taxation or the imposition of a tax on a charge for voice or similar service utilizing Internet Protocol or any successor protocol (except for services that are incidental to Internet access, such as voice-capable e-mail or instant messaging).
(Sec. 6A) Exempts the State of Texas, or its political subdivisions, from the Internet tax moratorium with respect to the imposition or collection of the Texas municipal access line fee.
(Sec. 7) Directs the Comptroller General to study and report to specified congressional committees on the impact of the Internet tax moratorium on State and local government revenues and on the deployment and adoption of broadband technologies for Internet access throughout the United States. | {"src": "billsum_train", "title": "A bill to make permanent the moratorium on taxes on Internet access and multiple and discriminatory taxes on electronic commerce imposed by the Internet Tax Freedom Act."} | 2,438 | 590 | 0.645743 | 2.109784 | 0.820319 | 4.85283 | 3.971698 | 0.932075 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Collaborative Agreements to Recruit
Educators (CARE) Act of 2005''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) An estimated 2,000,000 new teachers will be needed in
the United States over the next decade.
(2) Under the No Child Left Behind Act of 2001 (Public Law
107-110), States shall ensure that all teachers teaching in
core academic subjects within the State are highly qualified
not later than the end of the 2005-2006 school year, yet
schools in rural areas and low-income schools have trouble
attracting and retaining such teachers.
(3) A 2000 study by the Education Trust reports that low-
income schools are twice as likely not to have teachers
certified in the fields in which they teach as schools that are
not low-income schools, which highlights that low-income
schools will need special help to meet the goals of the No
Child Left Behind Act of 2001.
(4) If the Nation is to improve student achievement and
success in school, the United States must encourage and support
the training and development of our Nation's teachers, who are
the single most important in-school influence on student
learning.
(5) Highly qualified teachers are more effective in
impacting student academic achievement because such teachers
have high verbal abilities, high content knowledge, and an
enhanced ability to know how to teach the content using
appropriate pedagogical strategies.
(6) The difference in annual student achievement growth
between having an effective and ineffective teacher can be more
than 1 grade level of achievement in academic performance.
(7) A study conducted by the New Teacher Project shows that
strategic recruitment may recruit qualified applicants but many
applicants withdraw from the process because of the late hiring
timelines found in urban schools.
(8) Every school day approximately 3,000 adolescents drop
out of secondary school.
(9) The national graduation rate is 68 percent with
approximately 540,000 students failing to graduate each year.
(10) As few as 53 percent of students from low-income
families graduate each year.
(11) American schools spend more than $2,600,000,000
annually replacing teachers who have dropped out of the
teaching profession.
(b) Purpose.--It is the purpose of this Act to provide grants to
encourage secondary school students in low-income schools to graduate
and pursue higher education and teaching.
SEC. 3. DEFINITIONS.
(1) Core academic subjects.--The term ``core academic
subjects'' means--
(A) mathematics;
(B) science;
(C) reading (or language arts) and English;
(D) social studies, including history, civics,
political science, government, geography, and
economics;
(E) foreign languages; and
(F) fine arts, including music, dance, drama, and
the visual arts.
(2) Highly qualified.--The term ``highly qualified'' has
the meaning given such term in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(3) Institution of higher education.--The term
``institution of higher education''--
(A) has the meaning given the term in section
101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)); and
(B) if such an institution conducts a teacher
preparation program that enrolls students receiving
Federal assistance under such Act (20 U.S.C. 1001 et
seq.), means such an institution that--
(i) is in full compliance with the
requirements of section 207 of such Act (20
U.S.C. 1027); and
(ii) does not have a teacher preparation
program identified by a State as low
performing.
(4) Local educational agency.--The term ``local educational
agency'' has the meaning given such term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(5) Low-income school.--The term ``low-income school''
means an elementary school or secondary school that--
(A) is served by a local educational agency that
qualifies to receive funding under title I of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.);
(B) has been selected by the Secretary based on a
determination that more than 30 percent of the students
enrolled at the school qualify for services provided
under such title I; and
(C)(i) is listed in the Annual Directory of
Designated Low-Income Schools for Teacher Cancellation
Benefits, issued by the Department of Education, in the
year for which the determination is made, or if such
Directory for such year is not available before May 1
of such year, is listed in such Directory in the year
preceding the year for which the determination is made;
or
(ii) is operated by the Bureau of Indian Affairs or
operated on an Indian reservation by an Indian tribal
group under contract with the Bureau of Indian Affairs.
(6) Mentoring.--The term ``mentoring'' means activities
that consist of structured guidance and regular and ongoing
support for beginning teachers.
(7) Secondary school.--The term ``secondary school'' means
a public or nonprofit private school that provides secondary
education, as determined under State law or the Secretary if
the school is not in a State.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(9) State.--The term ``State'' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto Rico.
(10) Teacher.--The term ``teacher'' means an individual who
provides students direct classroom teaching, or classroom-type
teaching in a non-classroom setting, or educational services
directly related to classroom teaching.
SEC. 4. GRANT PROGRAM.
(a) Authorization.--
(1) In general.--The Secretary is authorized to award
grants, on a competitive basis, to institutions of higher
education to establish partnerships with low-income schools to
establish programs for students that promote--
(A) graduation from secondary school; and
(B) persistence and completion of postsecondary
degrees in education.
(2) Nonprofit organizations.--A partnership described in
paragraph (1) may include a nonprofit organization.
(b) Application.--
(1) In general.--An institution of higher education that
desires to receive a grant under this section shall submit an
application, developed in collaboration with 1 or more low-
income schools, to the Secretary at such time, in such manner,
and containing such information as the Secretary may reasonably
require.
(2) Contents.--Each application submitted under paragraph
(1) shall include--
(A) a description of any shortages of highly
qualified teachers in core academic subjects in the
low-income school participating in the partnership; and
(B) a description of how the institution of higher
education will use funds made available under a grant
awarded under this section--
(i) to increase and improve the quality of
the teaching force in the low-income school
participating in the partnership; and
(ii) to establish a partnership with a low-
income school to establish programs for
students that promote graduation from secondary
school and persistence and completion of
postsecondary degrees in education.
(c) Approval.--
(1) In general.--The Secretary shall approve an application
submitted pursuant to subsection (b) if the application meets
the requirements of this section and holds reasonable promise
of achieving the purpose of this Act.
(2) Priority.--In awarding grants under this section, the
Secretary shall give priority to an institution of higher
education that is in partnership with a nonprofit organization
that is a teacher union or group representing teachers in a
school, which organization proposes the establishment of a
track for hiring teachers for an academic year prior to the
first date of such academic year in urban or rural low-income
schools participating in the partnership.
(3) Equitable distribution.--To the extent practicable, the
Secretary shall ensure an equitable geographic distribution of
grants under this section among the regions of the United
States.
(4) Duration of grants.--The Secretary is authorized to
make grants under this section for a period of 5 years. At the
end of the 5-year period, a grant recipient may apply for an
additional grant under this section.
(d) Uses of Funds.--An institution of higher education that
receives a grant under this section shall use the grant funds to--
(1) establish innovative mentoring or tutoring programs
proven to enhance secondary school graduation rates and
recruitment of students in low-income schools to pursue
postsecondary degrees in education;
(2) provide scholarships to graduates of low-income schools
to encourage the graduates to attend the institution and pursue
and complete a postsecondary degree in education;
(3) provide students in low-income schools with counseling
and information about college admissions requirements,
scholarships, and various student aid programs;
(4) provide lessons and workshops, either at the
institution or the low-income school, for students to attend to
increase academic achievement and interest in postsecondary
degrees in education; and
(5) carry out any other activity that increases graduation
rates and recruitment of low-income students to pursue and
complete postsecondary degrees in education.
(e) Matching Funds.--Each institution of higher education that
receives a grant under this section shall demonstrate a financial
commitment to such institution's school of education by contributing,
either directly or through private contributions, non-Federal matching
funds equal to 20 percent of the amount of the grant to carry out
activities funded by such grant.
(f) Assessment and Evaluation.--The Secretary shall report to
Congress on the effectiveness of the grant programs funded under this
section.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$20,000,000 for each of the fiscal years 2006 through 2011. | Collaborative Agreements to Recruit Educators (CARE) Act of 2005 - Authorizes the Secretary of Education to award grants to institutions of higher education (IHEs) to establish partnerships with low-income schools to establish programs that promote students' graduation from secondary school and completion of postsecondary education degrees.
Includes among required uses of grant funds: (1) mentoring or tutoring; (2) scholarships; (3) counseling and information on college admissions and student aid; and (4) lessons and workshops at the IHE or the low-income school. | {"src": "billsum_train", "title": "A bill to establish a grant program for institutions of higher education to collaborate with low-income schools to recruit students to pursue and complete postsecondary degrees in education."} | 2,120 | 115 | 0.460349 | 1.24662 | 0.587905 | 3.095238 | 19.485714 | 0.942857 |
SECTION 1. SHORT TITLE.
This Act shall be known as the ``Original Saint-Gaudens Double
Eagle Ultra-High Relief Bullion Coin Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the Augustus Saint-Gaudens $20 gold pieces of 1907 with
ultra-high relief are considered by many in the numismatic
community to be the most beautiful coins ever produced;
(2) two separate ``pattern'' versions of the ultra-high
relief Double Eagle were produced in 1907;
(3) a 34-millimeter version was hand-struck on a standard
Double Eagle planchet using a medal press and, because
manufacturing and technical limitations prevented mass
production of these pieces, this production resulted in low
mintage, with fewer than two dozen specimens of the 34-
millimeter version known to be in existence today;
(4) a second, 27-millimeter, version was struck using two
stacked $10 Eagle planchets;
(5) these experimental ``pattern'' 27-millimeter pieces
were deemed to be illegal to produce and all specimens were
destroyed except for 2 that reside in the Smithsonian's
National Numismatic Collection;
(6) the 27-millimeter pattern pieces are ranked by
numismatists as among the most beautiful coins ever produced,
but none are in private hands and none have ever come up for
sale;
(7) the ultra-high relief Double Eagles are representative
of the greatest period of American coinage, the so-called
``Golden Age of Coinage'' in the United States, initiated by
President Theodore Roosevelt, with the assistance of noted
sculptors and medallic artists James Earle Fraser and Augustus
Saint-Gaudens;
(8) the introduction of this famous piece as a numismatic
proof coin would not only give collectors an opportunity to own
a version of a legendary coin that has never before been
available for private ownership, but also inaugurate a neo-
renaissance in United States coin design and demonstrate the
technological advances that the United States has achieved over
the last century;
(9) the modern coin version of the $20 gold piece would be
updated with the addition of the inscription ``In God We
Trust'' and would include the date of minting or issuance, to
distinguish it from the originals and prevent counterfeiting;
(10) palladium is a rare silver-white metal, and is
considered a precious metal because of its scarcity;
(11) palladium is one of 6 platinum group metals that
include ruthenium, rhodium, osmium, iridium, and platinum; it
is the least dense and has the lowest melting point of the
platinum group metals;
(12) the major nations mining palladium are in order of
volume: Russia, South Africa, United States of America, and
Canada;
(13) the major mine producing palladium in the United
States is located in Montana;
(14) palladium is fabricated into a wide range of
applications that includes its extensive use as an industrial
catalyst and a key component in the manufacturing of automotive
catalytic converters;
(15) palladium is also used in dentistry, jewelry, and in
the production of surgical instruments and electrical contacts;
(16) the demand for precious metals is driven not only by
their practical use, but also by their role as a store of
value;
(17) a variety of investment options are available to
palladium investors that includes coins, bars, and exchange-
traded funds;
(18) palladium coins have been issued by several countries,
mainly as commemorative coins, but also as bullion investment
coins (bullion is the form of palladium traded for investment
purposes and is a reference to its purity);
(19) Tonga commenced issuing palladium coins in 1967 and
other issuing countries have included Canada, the Soviet Union,
France, Russia, China, Australia, and Slovakia;
(20) today, only Canada mints palladium bullion coins;
(21) during the period 2003 through 2007, the price of
palladium ranged between $148 and $404 per troy ounce, and the
average price in 2007 was $355 per troy ounce;
(22) by contrast, during the same period, the price of
platinum ranged between a low of $603 and a high $1,544, and
the average price in 2007 was $1,303 per troy ounce;
(23) thus, platinum bullion coins have become too expensive
for the average investor;
(24) The Royal Canadian Mint minted platinum bullion coins
for 14 years (between 1988 and 2001), but ceased production in
the face of high metal prices and declining sales;
(25) when the United States Mint's American Eagle Platinum
Bullion Coin was launched in 1997, the average price for the
metal that year was $395 per troy ounce; and
(26) over the past decade, the price has more than tripled,
which has caused a dramatic decline in demand for these coins,
from 80,050 ounces sold in 1997 to 9,050 in 2007.
SEC. 3. ORIGINAL SAINT-GAUDENS DOUBLE EAGLE ULTRA-HIGH RELIEF BULLION
COIN.
Section 5112 of title 31, United States Code, is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(11) A $20 coin that--
``(A) is 27 millimeters in diameter;
``(B) weighs 1 ounce;
``(C) is of an appropriate thickness, as determined
by the Secretary; and
``(D) bears, on the obverse and reverse, the
designs of the famous 27-millimeter version of the 1907
Augustus Saint-Gaudens Double Eagle ultra-high relief
gold piece, as described in subsection (t).''; and
(2) by adding at the end, the following new subsection:
``(t) Original Saint-Gaudens Double Eagle Ultra-High Relief
Coins.--
``(1) In general.--Beginning January 1, 2009, the Secretary
shall commence minting and issuing for sale such number of $20
bullion coins as the Secretary may determine to be appropriate,
that bear the design described in paragraph (2).
``(2) Design.--
``(A) In general.--Except as provided under
subparagraph (B), the obverse and reverse of the coins
minted and issued under this subsection shall bear the
original obverse and reverse designs by Augustus Saint-
Gaudens which appear on the famous 27-millimeter
version of the 1907 Double Eagle ultra-high relief gold
piece.
``(B) Variations.--The coins referred to in
subparagraph (A) shall--
``(i) have inscriptions of the weight of
the coin and the purity of the alloy in the
coin incused on the edge of the coin;
``(ii) the nominal denomination of the
coin;
``(iii) the date of issue of the coin on
the obverse, expressed as a Roman numeral as in
the original design; and
``(iv) bear such other inscriptions,
including `In God We Trust', as the Secretary
determines to be appropriate and in keeping
with the original design.
``(C) Fractional coins prohibited.--No coins issued
under this subsection, regardless of the composition,
shall ever be made available as so-called `fractional'
coins.
``(3) Composition.--
``(A) In general.--The coins minted under this
subsection shall contain .995 pure palladium, except
that during the first year of minting and issuance
only, the Secretary instead may choose to mint and
issue the coin in .999 pure gold.
``(B) 1-year limitation.--If the Secretary chooses
to mint and issue the coins described in this
subsection in gold during the first year of issue, no
coins shall be minted and issued under this subsection
in palladium during that year, and such gold coins
shall be issued only in proof versions.
``(4) Source of bullion.--
``(A) In general.--The Secretary shall acquire
bullion for the palladium coins issued under this
subsection by purchase of palladium mined from natural
deposits in the United States, or in a territory or
possession of the United States, within 1 year after
the month in which the ore from which it is derived was
mined.
``(B) Price of bullion.--The Secretary shall pay
not more than the average world price for the palladium
under subparagraph (A).
``(5) Sale of coins.--Each bullion coin issued under this
subsection shall be sold for an amount the Secretary determines
to be appropriate, but not less than the sum of--
``(A) the nominal denomination of the coin;
``(B) the market value of the bullion at the time
of sale; and
``(C) the cost of designing and issuing the coins,
including labor, materials, dies, use of machinery,
overhead expenses, marketing, distribution, and
shipping.
``(6) Legal tender.--The coins minted under this title
shall be legal tender, as provided in section 5103.
``(7) Treatment as numismatic items.--For purposes of
section 5134 and 5136, all coins minted under this subsection
shall be considered to be numismatic items.
``(8) Quality.--Except as provided in subparagraph (3)(B),
the Secretary may issue the coins described in this subsection
in both proof and uncirculated versions.
``(9) Special treatment.--If the Secretary elects to mint
and issue coins in 2009 in gold as described in subparagraph
(3)(A), no more than 25,000 shall be available for sale in a
special `Golden Age of American Coinage' set, including a
special holder, each in combination only with a proof version
of the gold coins described in subsection (q).
``(10) Protective and anti-counterfeiting cover.--
``(A) In general.--The Secretary shall give strong
consideration to making the coins described in this
subsection, regardless of metallic content, available
only in protective covers that preserve the coins in
the condition in which they are issued, allow clear and
easy viewing of the obverse and reverse of the coin and
protect it from movement within the holder, and also
protect against counterfeiting of such coins or of the
container.
``(B) Acquisition.--The Secretary may elect to
comply with paragraph (A) by producing and assembling
such protective covers within the United States Mint or
by contracting for the installation of such covers.
``(11) Further anti-counterfeiting measures.--
``(A) Report required.--In an attempt to forestall
the counterfeiting or marketing of the coins described
in this section, including this subsection, and of
collectible, numismatic and rare coins in general, the
Treasury Inspector General shall, after consulting with
the Director of the United States Secret Service and
the Federal Trade Commission, and in consultation with
hobbyists, numismatists, law enforcement agencies, and
the Citizens Coinage Advisory Committee, shall submit
to the Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate, before the end of the
9-month period beginning on the date of the enactment
of the Original Saint-Gaudens Double Eagle Ultra-High
Relief Bullion Coin Act, a report detailing the extent
of counterfeiting of rare, collectible or numismatic
coins made available for sale in the United States,
regardless of the country where the original of such
coin was produced or of the country in which the
counterfeiting takes place, or sales overseas if such
counterfeit coins are unauthorized copies of coins
originally produced by the United States Mint.
``(B) Contents of report.--The report submitted
under subparagraph (A) shall describe the following:
``(i) The extent of such counterfeiting of
coins and numismatic items.
``(ii) The source of such counterfeiting,
if known, including which countries may be the
origin of such counterfeits if they are
produced outside the United States.
``(iii) The distribution and marketing
channels for such counterfeits within and
without the United States.
``(iv) The effect of any such
counterfeiting on hobbyists, numismatists and
on the investment opportunities for bullion or
numismatic coins produced by the United States
Mint.
``(v) Whether such counterfeiting extends
to the counterfeiting of coin-grading or
protective materials in such a way that might
imply that the counterfeit inside had been
examined and authenticated by a reputable coin-
grading firm.
``(vi) Such recommendations for legislative
or administrative action as the Treasury
Inspector General may determine to be
appropriate to curtail or forestall any such
counterfeiting.''. | Original Saint-Gaudens Double Eagle Ultra-High Relief Bullion Coin Act - Permits the Secretary of the Treasury to mint and issue a $20 coin that bears, on the obverse and reverse, the designs of the famous 27-millimeter version of the 1907 Augustus Saint-Gaudens Double Eagle ultra-high relief gold piece.
Authorizes the Secretary to commence minting and issuing such coins for sale, beginning January 1, 2009.
Prohibits the coins, regardless of the composition, from being made available as so-called "fractional" coins.
States that no more than 25,000 shall be available for sale in a special "Golden Age of American Coinage" set.
Requires the Secretary to take specified protective and anti-counterfeiting measures.
Instructs the Treasury Inspector General to report to certain congressional committees on the extent of counterfeiting of rare, collectible, or numismatic coins for sale in the United States, regardless of the country where the original of such coin was produced or of the country in which the counterfeiting takes place, or sales overseas if such counterfeit coins are unauthorized copies of coins originally produced by the United States Mint. | {"src": "billsum_train", "title": "A bill to authorize the production of Saint-Gaudens Double Eagle ultra-high relief bullion coins in palladium to provide affordable opportunities for investments in precious metals, and for other purposes."} | 2,878 | 261 | 0.542992 | 1.869913 | 0.824375 | 5.825688 | 12.050459 | 0.926606 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Battered Women's Shelters and
Services Act''.
SEC. 2. FVPSA IMPROVEMENTS.
(a) State Demonstration Grants.--Section 303(a)(2) of the Family
Violence Prevention and Services Act (42 U.S.C. 10402(a)(2)) is
amended--
(1) by redesignating subparagraph (G) as subparagraph (H);
and
(2) by inserting after subparagraph (F) the following:
``(G) provide documentation, including memoranda of
understanding, of the specific involvement of the State
domestic violence coalition and other knowledgeable individuals
and interested organizations, in the development of the
application; and''.
(b) Minimum Allotment.--Section 304(a) of the Family Violence
Prevention and Services Act (42 U.S.C. 10403(a)) is amended--
(1) by inserting after ``grant authorized under section
303(a)'' the following: ``$500,000, with the remaining sums to
be allotted to each State in''; and
(2) by striking ``except that--'' and all that follows and
inserting the following: ``except that Guam, American Samoa,
the Virgin Islands, the Northern Mariana Islands, and the Trust
Territory of the Pacific Islands shall each be allotted not
less than one-eighth of 1 percent of the amounts available for
grants under section 303(a) for the fiscal year for which the
allotment is made.''.
(c) Reallotment.--Section 304(d) of the Family Violence Prevention
and Services Act (42 U.S.C. 10403(d)) is amended--
(1) in paragraph (1)--
(A) by inserting after ``to such State in grants
under section 303(a)'' the following: ``or to Indian
tribes, tribal organizations, or other entities under
section 303(b)'';
(B) by inserting after ``failure of such State''
the following: ``and Indian tribes, tribal
organizations, and other entities'';
(C) by inserting after ``such amount to States''
the following: ``or Indian tribes, tribal
organizations, or other entities''; and
(D) by inserting after ``which meet such
requirements'' the following: ``in proportion to the
original allocation made under subsection (a) or (b) of
section 303, respectively''; and
(2) by redesignating paragraph (2) as paragraph (3) and
inserting after paragraph (1) the following:
``(2) If, at the end of the sixth month of any fiscal year for
which sums are appropriated under section 310, the amount allotted to
an entity has not been made available to such entity in grants under
section 308 or 311 because of the failure of such entity to meet the
requirements for a grant or because the limitation on expenditure has
been reached, the Secretary shall reallot such amount to States and
Indian tribes, tribal organizations, and other entities that meet such
requirements in proportion to the original allocation made under
subsection (a) or (b) of section 303, respectively.''
(d) Secretarial Responsibilities.--Section 305(a) of the Family
Violence Prevention and Services Act (42 U.S.C. 10404(a)) is amended--
(1) by striking ``an employee'' and inserting ``one or more
employees'';
(2) by striking ``title.'' and inserting ``title, including
evaluation and monitoring.''; and
(3) by striking ``individual'' and inserting
``individuals''.
(e) Grants for Information and Technical Assistance Centers.--
Section 308(a)(2) of the Family Violence Prevention and Services Act
(42 U.S.C. 10407(a)(2)) is amended--
(1) by inserting ``on providing training and technical
assistance'' after ``focusing''; and
(2) by adding at the end the following: ``The Secretary may
award grants to nonprofit, nongovernmental organizations for
technical assistance and training initiatives on the subject
identified in subsection (c), if such initiatives do not duplicate the
work of the entities funded under subsection (c) and if the total
amount awarded for such initiatives does not exceed $500,000.''
(f) Special Issue Resource Centers.--Section 308(c) of the Family
Violence Prevention and Services Act (42 U.S.C. 10407(c)) is amended--
(1) by striking ``service providers,'' and inserting
``service providers on emerging issues in domestic violence
service, prevention, or law,'';
(2) by striking ``areas of domestic violence service,
prevention, or law:'' and inserting ``areas:'';
(3) by adding the end the following new paragraphs:
``(8) Providing technical assistance and training to local
domestic violence programs that provide shelter or related
assistance.
``(9) Improving access to services, information, and
training within Indian tribes and tribal organizations.
``(10) Responding to emerging issues in the field of
domestic violence that the Secretary may identify in
consultation with advocates representing local programs
providing shelter or related assistance, State domestic
violence coalitions, and national domestic violence
organizations.''; and
(4) by inserting after paragraph (10), as added by
paragraph (3), the following:
``Nothing in this section shall prohibit the Secretary from making
multiple grants to any nonprofit, nongovernmental entity to fulfill the
purposes of this section.''.
(g) Reporting.--Section 308(e) of the Family Violence Prevention
and Services Act (42 U.S.C. 10407(e)) is amended by adding at the end
the following: ``Not later than 90 days after the date of the enactment
of the Battered Women's Shelters and Services Act, each entity
receiving a grant under this section shall prepare and submit a report
to the Secretary that evaluates the effectiveness of the use of amounts
received under the grants by the entity and containing such other
information as the Secretary may prescribe. The Secretary shall publish
any such reports and provide at least 90 days for notice and
opportunity for public comment prior to awarding or renewing any such
grant.''.
(h) Authorization of Appropriations for Grants Under Section 308.--
Section 310(c) of the Family Violence Prevention and Services Act (42
U.S.C. 10409(c)) is amended by inserting after ``for each fiscal
year,'' the following: ``the lesser of $7,500,000 or''.
(i) Grants for State Coalitions.--Section 310(d) of the Family
Violence Prevention and Services Act (42 U.S.C. 10409(d)) is amended--
(1) by striking ``not less than'' and inserting ``the
lesser of $22,000,000 or''; and
(2) by adding at the end the following: ``At such time as
the appropriation under this subsection exceeds $11,000,000,
the Secretary shall designate that of the amounts appropriated
under this subsection up to 20 percent of such funds shall be
made available in the amounts necessary to State domestic
violence coalitions for the specific purpose of providing
technical assistance, training, and direct assistance in the
areas specified in section ____ or for such other priorities
that may be determined by the Secretary in consultation with
State domestic violence coalitions and programs that provide
shelter or related assistance.''.
(j) Grants for State Domestic Violence Coalitions.--Section 311 of
the Family Violence Prevention and Services Act (42 U.S.C. 10410) is
amended by adding at the end the following:
``(i) Model Leadership Grants; Direct Emergency Assistance;
Technical Assistance and Training.--
``(1) In general.--For any fiscal year for which the amount
made available to carry out this section exceeds $11,000,000,
the Secretary shall use not more than 20 percent of such
available amount to award grants to State domestic violence
coalitions, consistent with paragraphs (2) through (4), or in
accordance with such other requirements and priorities as may
be determined by the Secretary in consultation with State
domestic violence coalitions and programs that provide shelter
or related assistance.
``(2) Model leadership grants for domestic violence
intervention in underserved communities.--
``(A) In general.--The Secretary may award grants
for up to 3 years to not more than 10 State domestic
violence coalitions, and not more than 10 local
domestic violence programs providing shelter or related
assistance, to develop model strategies to address
domestic violence in underserved populations (as that
term is defined in section 2003 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-
2)). Such grants shall be used to assess the needs of
underserved populations in the State, build
collaborative relationships with community-based
organizations serving underserved populations, and
develop and implement model community intervention
strategies to decrease the incidence of domestic
violence in underserved populations.
``(B) Eligibility.--To be eligible for a 1-year
model leadership grant under this paragraph, an
applicant shall demonstrate--
``(i) a plan for assessing the needs of
underserved populations and identifying a
specific population for development of an
intervention strategy in year 1 of the grant;
and
``(ii) inclusion of representatives from
community-based organizations in underserved
communities in planning, designing, and
disseminating the needs assessment instruments.
``(C) Eligibility for continued funding.--To be
eligible for continued funding of up to 2 additional
years, an applicant shall provide--
``(i) a plan for implementing the model
strategies which includes collaborative
partnerships with community-based organizations
within the underserved populations identified;
and
``(ii) a plan for disseminating the model
strategy throughout the State or to other
States during year 3 of the grant.
``(D) Priority for collaborative funding.--In
awarding grants under this paragraph, the Secretary
shall give preference to State domestic violence
coalitions and local domestic violence shelters and
programs that submit applications in collaboration with
community-based organizations serving underserved
populations. A grant may not be made under this
subparagraph in an amount less than $100,000 for each
fiscal year.
``(3) Direct emergency assistance to victims of domestic
violence.--
``(A) In general.--The Secretary may award grants
to each State domestic violence coalition for the
purpose of administering an emergency assistance fund
for victims of domestic violence. Funds received under
this paragraph may be used only to provide emergency
assistance directly to victims of domestic violence who
are in the process of fleeing an abusive situation.
Emergency assistance shall include transportation,
housing, and other expenses associated with relocation.
Funds shall be made available to domestic violence
shelters and programs on behalf of victims.
``(B) Application.--Prior to receipt of emergency
assistance funds under this section, a State domestic
violence coalition shall provide to the Secretary--
``(i) a detailed description of the process
for receiving and reviewing applications for
emergency assistance;
``(ii) a detailed description of the
process for notifying domestic violence
shelters and programs about the availability of
emergency assistance funds;
``(iii) an application form that includes
the type of assistance requested, a statement
of need for the funds, a statement about the
impact of the funds on the victim's ability to
escape domestic violence, and other such
information that would be helpful in disbursing
emergency assistance funds;
``(iv) the process that will be used to
make payments to recipients; and
``(v) a statement of procedures that will
be used to protect the confidentiality of
recipients.
``(C) Reporting.--A State domestic violence
coalition receiving a grant under this paragraph shall
file an annual report to the Secretary describing the
distribution of funds to victims of domestic violence
by type and amount of assistance provided. For reasons
of safety and confidentiality, such report shall not
contain individually identifying information.
``(4) Technical assistance and training for state and local
domestic violence programs.--
``(A) In general.--The Secretary may award grants
to a State domestic violence coalition (or multiple
coalitions) for the purpose of providing training and
technical assistance for State domestic violence
coalitions and other nonprofit, nongovernmental State
and local domestic violence programs. Funds received
under this paragraph shall be used to conduct regional
training and technical assistance initiatives to be
developed and implemented by a nonprofit,
nongovernmental State domestic violence coalition or
coalitions within each of the regions administered by
the Department of Health and Human Services. Funds
shall be used to prioritize, plan, and implement
solutions to regional problems experienced by domestic
violence coalitions and programs providing shelter or
related assistance within the region.
``(B) Eligibility.--To be eligible for a grant
under this paragraph, a State domestic violence
coalition shall demonstrate that it has the support of
the majority of State domestic violence coalitions
within the region and shall have its principal place of
operation within the region. Nothing in this paragraph
shall be construed to prohibit domestic violence
programs within Indian tribes from receiving technical
assistance and training under this paragraph. Grantees
shall be encouraged to work in collaboration with
domestic violence advocates and organizations outside
of the region, and with the national resource center
and special issue resource centers established under
section 308, in order to gain expertise in delivering
training and technical assistance within the region.
``(C) Reporting.--A State domestic violence
coalition receiving a grant under this paragraph shall
file an annual report to the Secretary describing the
recipients of the technical assistance and training
provided under this paragraph and the type of technical
assistance and training provided.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR FAMILY VIOLENCE PREVENTION
AND SERVICES.
(a) In General.--Section 310(a) of the Family Violence Prevention
and Services Act (42 U.S.C. 10409(a)) is amended to read as follows:
``(a) In General.--There are authorized to be appropriated to carry
out this title--
``(1) $120,000,000 for fiscal year 1999;
``(2) $160,000,000 for fiscal year 2000;
``(3) $200,000,000 for fiscal year 2001;
``(4) $260,000,000 for fiscal year 2002; and
``(5) $260,000,000 for fiscal year 2003.''.
(b) Section 308.--Section 310(c) of the Family Violence Prevention
and Services Act (42 U.S.C. 10409(c)) is amended by inserting after
``for each fiscal year,'' the following: ``the lesser of $7,500,000
or''.
(c) Grants for State Coalitions.--Section 310(d) of the Family
Violence Prevention and Services Act (42 U.S.C. 10409(d)) is amended--
(1) by striking ``Of the amounts'' and inserting ``Subject
to section 311(i), of the amounts''; and
(2) by striking ``not less than'' and inserting ``the
lesser of $22,000,000 or''.
(d) Evaluation, Monitoring, and Administration.--Section 310 of the
Family Violence Prevention and Services Act (42 U.S.C. 10409) is
amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Evaluation, Monitoring, and Administration.--Of the amounts
appropriated under subsection (a) for each fiscal year, not less than
$1,200,000 shall be used in carrying out this title for Federal
evaluation, monitoring, and administrative costs.''. | Battered Women's Shelters and Services Act - Amends the Family Violence Prevention and Services Act to mandate that State grant applications document specific involvement in application development of the State domestic violence coalition and other knowledgeable individuals and interested organizations.
Revises minimum fund allotment and proportionality guidelines.
Cites circumstances under which the Secretary of Health and Human Services may award grants to nonprofit, nongovernmental organizations for technical assistance and training initiatives for special issue resource centers. Expands such resource centers' specialization areas to include: (1) providing technical assistance and training to local domestic violence programs that provide shelter or related assistance; (2) improving access to services, information, and training within Indian tribes and organizations; and (3) responding to emerging domestic violence issues identified in consultation with advocates representing local shelter or related assistance programs, State domestic violence coalitions, and national domestic violence organizations. Authorizes appropriations.
Modifies grant amounts for State coalitions and for State domestic violence coalitions, including: (1) model leadership grants for domestic violence intervention in underserved communities; (2) direct emergency assistance; and (3) technical assistance and training for State and local domestic violence programs.
Authorizes appropriations for FY 1999 through 2003 for family violence prevention and services. | {"src": "billsum_train", "title": "Battered Women's Shelters and Services Act"} | 3,485 | 253 | 0.596414 | 1.714068 | 0.860478 | 3.729167 | 13.2125 | 0.920833 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bovine Growth Hormone Moratorium Act
of 1993''.
SEC. 2. SALE OF MILK PRODUCED WITH BOVINE GROWTH HORMONE.
Section 204 of the Agricultural Act of 1949 (7 U.S.C. 1446e) is
amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following new
subsection:
``(k) Sale of Milk Produced With Bovine Growth Hormone.--
``(1) Definitions.--As used in this subsection:
``(A) Bovine growth hormone.--The term `bovine
growth hormone' means--
``(i) a substance known as bovine
somatotropin, bST, BST, bGH, or BGH; and
``(ii) a growth hormone, intended for use
in bovine, that has been produced through
recombinant DNA techniques.
``(B) Cow.--The term `cow' means a bovine animal.
``(2) Prohibition on sale.--During the period beginning 30
days after the date of enactment of the Bovine Growth Hormone
Moratorium Act of 1993 and ending on the date of submission to
Congress of the report required under paragraph (5), it shall
be unlawful for a person to market for commercial use milk
produced by a cow after the cow was injected with bovine growth
hormone if the person knew, or should have known, that the cow
was injected with the hormone and that the milk could be
marketed for commercial use.
``(3) Records.--
``(A) In general.--During the period referred to in
paragraph (2), a person who sells bovine growth hormone
or injects the hormone into a cow shall prepare and
maintain records that comply with the regulations
issued by the Secretary under subparagraph (B).
``(B) Regulations.--
``(i) Persons covered.--Not later than 30
days after the date of enactment of the Bovine
Growth Hormone Moratorium Act of 1993, the
Secretary shall issue regulations that
require--
``(I) persons who sell bovine
growth hormone; and
``(II) persons who inject bovine
growth hormone into cows,
to create and maintain records that contain the
applicable information specified in clause
(ii).
``(ii) Information.--Regulations issued
under this subparagraph shall require records
to contain a description of--
``(I) the quantity and source of
the bovine growth hormone obtained (by
manufacture, purchase, or any other
means);
``(II) the date on which the
hormone was obtained; and
``(III) the identity of each person
to whom the hormone was sold or
otherwise distributed, the cows into
which any portion of the hormone was
injected, and each person who has an
operator or ownership interest in the
cows.
``(4) Penalties.--
``(A) In general.--Except as provided in
subparagraph (B), a person who violates paragraph (2)
or (3) shall be liable for a civil penalty of $1,000.
``(B) Multiple violations.--A person who commits
more than one violation of paragraph (2), or more than
one violation of paragraph (3), shall be liable for a
civil penalty of $10,000 for each such violation after
the first such violation.
``(C) Separate violations.--For purposes of this
paragraph--
``(i) each day on which a person sells milk
in violation of paragraph (2) shall be treated
as a separate violation of paragraph (2) by the
person; and
``(ii) each day on which a person sells or
injects bovine growth hormone in violation of
paragraph (3) shall be treated as a separate
violation of paragraph (3) by the person.
``(5) Study and report.--Not later than 1 year after the
date of enactment of the Bovine Growth Hormone Moratorium Act
of 1993, the Secretary shall--
``(A) conduct a study of the economic impact of the
use of bovine growth hormone on the dairy industry and
the Federal milk price support program established
under this section; and
``(B) submit to the appropriate committees of
Congress a report summarizing in detail the results of
the study.''. | Bovine Growth Hormone Moratorium Act of 1993 - Amends the Agricultural Act of 1949 to temporarily prohibit the sale of milk produced by cows injected with bovine growth hormone if the producer knew or should have known that the cow was injected with the hormone and that the milk could be commercially marketed.
Requires the Secretary of Agriculture to study the economic impact of the use of bovine growth hormone on the dairy industry and the Federal milk price program. | {"src": "billsum_train", "title": "Bovine Growth Hormone Moratorium Act of 1993"} | 986 | 102 | 0.606091 | 1.483373 | 0.703049 | 4.807229 | 10.783133 | 0.903614 |
SECTION 1. TREATMENT OF EXPORT LEASES.
(a) Property Leased to Foreign Persons.--Section 168(g)(1) of the
Internal Revenue Code of 1986 is amended by redesignating subparagraphs
(B), (C), (D), and (E) as subparagraphs (C), (D), (E), and (F),
respectively, and by inserting after subparagraph (A) the following new
subparagraph:
``(B) any tangible property leased to a foreign
person or entity,''.
(b) Foreign Person or Entity.--Section 168(g) of such Code is
amended by redesignating paragraphs (5), (6), and (7) as paragraphs
(6), (7), and (8), respectively, and by inserting after paragraph (4)
the following new paragraph:
``(5) Tangible property leased to a foreign person or
entity.--
``(A) Tangible property.--For purposes of paragraph
(1)(B), the term `tangible property' means any tangible
property other than--
``(i) nonresidential real property as
defined under subsection (h)(1)(E) to the
extent it is not subject to a disqualified
lease determined under rules similar to the
rules of subsection (h)(1)(B),
``(ii) property used by a foreign person or
entity if more than 50 percent of the gross
income for the taxable year derived by the
foreign person or entity from the use of such
property is--
``(I) subject to tax under this
chapter, or
``(II) included under section 951
in the gross income of a United States
shareholder for the taxable year with
or within which ends the taxable year
of the controlled foreign corporation
in which such income was derived, and
``(iii) property determined under rules
similar to the rules of subsection (h)(3).
For purposes of clause (ii), any exclusion or exemption
shall not apply for purposes of determining the amount
of the gross income so derived, but shall apply for
purposes of determining the portion of such gross
income subject to tax under this chapter.
``(B) Foreign person or entity.--For purposes of
this paragraph and paragraph (1)(B)--
``(i) In general.--The term `foreign person
or entity' means--
``(I) any foreign government, any
international organization, or any
agency or instrumentality of any of the
foregoing, and
``(II) any person who is not a
United States person.
Such term does not include any foreign
partnership or other foreign pass-thru entity.
``(ii) Other pass-thru entities; tiered
entities.--In the case of property leased to or
owned by a partnership or other pass-thru
entity and in the case of tiered partnerships
and other entities, rules similar to the rules
of paragraphs (5) and (6) of subsection (h)
shall apply. For purposes of the preceding
sentence, unless it is otherwise established to
the satisfaction of the Secretary, it shall be
presumed that the partners of a foreign
partnership (and the beneficiaries of any other
foreign pass-thru entity) are persons who are
not United States persons.''
(c) Tax-Exempt Entity.--Section 168(h)(2)(A) of such Code is
amended by adding ``and'' at the end of clause (i), by striking ``,
and'' at the end of clause (ii) and inserting a period, and by striking
clause (iii).
(d) Conforming Amendments.--
(1) Section 168(g)(6)(A) of such Code is amended by
striking ``paragraph (1)(D)'' and inserting ``paragraph
(1)(E)''.
(2) Section 168(h)(2) of such Code is amended by striking
subparagraphs (B) and (C) and redesignating subparagraphs (D)
and (E) as subparagraphs (B) and (C), respectively.
(3) Section 168(h)(5) of such Code is amended by striking
subparagraph (C).
(4) Section 168(h)(7) of such Code is amended by inserting
``subsection (g) and '' before ``this subsection''.
(5) Section 168(j)(4)(B)(i) of such Code is amended by
striking ``subsection (g)(7)'' and inserting ``subsection
(g)(8)''.
(6) Section 50(b)(4)(A)(ii) of such Code is amended by
striking ``section 168(h)(2)(C)), but only with respect to
property to which section 168(h)(2)(A)(iii) applies (determined
after the application of section 168(h)(2)(B))'' and inserting
``section 168(g)(5)(B)), but only with respect to property to
which section 168(g)(5) applies''.
(e) Effective Date.--The amendments made by this section shall
apply to leases entered into after the date of the enactment of this
Act. | Amends Internal Revenue Code provisions concerning the accelerated cost recovery system to provide that the alternative depreciation system shall be used for tangible property leased to a foreign person or entity. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to enhance the competitiveness of the United States leasing industry."} | 1,160 | 41 | 0.464713 | 1.110322 | 0.301467 | 2.78125 | 31.1875 | 0.65625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Cultural Exchange
Jurisdictional Immunity Clarification Act''.
SEC. 2. CLARIFICATION OF JURISDICTIONAL IMMUNITY OF FOREIGN STATES.
(a) In General.--Section 1605 of title 28, United States Code, is
amended by adding at the end the following:
``(h) Jurisdictional Immunity for Certain Art Exhibition
Activities.--
``(1) In general.--If--
``(A) a work is imported into the United States
from any foreign state pursuant to an agreement that
provides for the temporary exhibition or display of
such work entered into between a foreign state that is
the owner or custodian of such work and the United
States or one or more cultural or educational
institutions within the United States;
``(B) the President, or the President's designee,
has determined, in accordance with subsection (a) of
Public Law 89-259 (22 U.S.C. 2459(a)), that such work
is of cultural significance and the temporary
exhibition or display of such work is in the national
interest; and
``(C) the notice thereof has been published in
accordance with subsection (a) of Public Law 89-259 (22
U.S.C. 2459(a)),
any activity in the United States of such foreign state, or of
any carrier, that is associated with the temporary exhibition
or display of such work shall not be considered to be
commercial activity by such foreign state for purposes of
subsection (a)(3).
``(2) Exceptions.--
``(A) Nazi-era claims.--Paragraph (1) shall not
apply in any case asserting jurisdiction under
subsection (a)(3) in which rights in property taken in
violation of international law are in issue within the
meaning of that subsection and--
``(i) the property at issue is the work
described in paragraph (1);
``(ii) the action is based upon a claim
that such work was taken in connection with the
acts of a covered government during the covered
period;
``(iii) the court determines that the
activity associated with the exhibition or
display is commercial activity, as that term is
defined in section 1603(d); and
``(iv) a determination under clause (iii)
is necessary for the court to exercise
jurisdiction over the foreign state under
subsection (a)(3).
``(B) Other culturally significant works.--In
addition to cases exempted under subparagraph (A),
paragraph (1) shall not apply in any case asserting
jurisdiction under subsection (a)(3) in which rights in
property taken in violation of international law are in
issue within the meaning of that subsection and--
``(i) the property at issue is the work
described in paragraph (1);
``(ii) the action is based upon a claim
that such work was taken in connection with the
acts of a foreign government against members of
a targeted group as part of a systematic
confiscation or misappropriation of works in a
manner similar to the actions of a covered
government in subparagraph (A);
``(iii) the taking occurred after 1900;
``(iv) the court determines that the
activity associated with the exhibition or
display is commercial activity, as that term is
defined in section 1603(d); and
``(v) a determination under clause (iv) is
necessary for the court to exercise
jurisdiction over the foreign state under
subsection (a)(3).
``(3) Definitions.--For purposes of this subsection--
``(A) the term `work' means a work of art or other
object of cultural significance;
``(B) the term `covered government' means--
``(i) the Government of Germany during the
covered period;
``(ii) any government in any area in Europe
that was occupied by the military forces of the
Government of Germany during the covered
period;
``(iii) any government in Europe that was
established with the assistance or cooperation
of the Government of Germany during the covered
period; and
``(iv) any government in Europe that was an
ally of the Government of Germany during the
covered period; and
``(C) the term `covered period' means the period
beginning on January 30, 1933, and ending on May 8,
1945.''.
(b) Effective Date.--The amendment made by this section shall apply
to any civil action commenced on or after the date of the enactment of
this Act. | . Foreign Cultural Exchange Jurisdictional Immunity Clarification Act (Sec. 2) This bill amends the federal judicial code with respect to denial of a foreign state's sovereign immunity from the jurisdiction of U.S. or state courts in commercial activity cases where rights in property taken in violation of international law are in issue and that property, or any property exchanged for it, is: (1) present in the United States in connection with a commercial activity carried on by the foreign state in the United States, or (2) owned by an agency or instrumentality of the foreign state and that agency or instrumentality is engaged in a commercial activity in the United States. The bill grants a foreign state or certain carriers immunity from federal or state court jurisdiction for any activity in the United States associated with a temporary exhibition or display of a work of art or other object of cultural significance if: the work of art or other object of cultural significance is imported into the United States from any foreign country pursuant to an agreement for its temporary exhibition or display between a foreign state that is its owner or custodian and the United States or U.S. cultural or educational institutions; and the President has determined that such work is culturally significant and its temporary exhibition or display is in the national interest. The bill denies immunity, however, in cases concerning rights in property taken in violation of international law in which the action is based upon a claim that the work was taken: (1) between January 30, 1933, and May 8, 1945, by the government of Germany or any government in Europe occupied, assisted, or allied by the German government; or (2) after 1900 in connection with the acts of a foreign government against members of a targeted group as part of a similar systematic confiscation or misappropriation of works. For purposes of these denials of immunity, the court must determine that the activity associated with the exhibition or display is commercial and that determination must be necessary for the court to exercise jurisdiction over the foreign state. | {"src": "billsum_train", "title": "Foreign Cultural Exchange Jurisdictional Immunity Clarification Act"} | 1,007 | 421 | 0.726658 | 2.372812 | 0.934398 | 3.015464 | 2.445876 | 0.881443 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Ownership Exit Plan Act
of 2009''.
SEC. 2. DEFINITION.
In this Act--
(1) the term ``ownership interest'' means an interest in a
troubled asset described in section 3(9)(B) of the Emergency
Economic Stabilization Act of 2008 (12 U.S.C. 5202(a)(1)), as
in effect on the day before the date of enactment of this Act,
that was purchased by the Secretary under section 101(a)(1) of
such Act (12 U.S.C. 5211(a)(1)); and
(2) the term ``Secretary'' means the Secretary of the
Treasury.
SEC. 3. RE-PRIVATIZATION OF PRIVATE ENTITIES.
(a) Prohibition on Federal Government Holding Ownership
Interests.--
(1) In general.--Beginning on the date of enactment of this
Act, the Federal Government may not acquire, directly or
indirectly, any ownership interest.
(2) Divestiture.--Except as provided in subsection (b), the
Secretary shall divest the Federal Government of any ownership
interest not later than July 1, 2010.
(b) Limited Authority.--
(1) In general.--Beginning on July 1, 2010, the Secretary
may hold an ownership interest with respect to a particular
entity for a period of not more than 6 months if, not later
than July 1, 2010, the Secretary submits a report to Congress
with respect to that entity stating that--
(A) compliance with subsection (a)(2) with respect
to such entity would have a significant adverse impact
on the taxpayers of the United States; and
(B) there is a reasonable expectation that a waiver
of subsection (a)(2) would allow the Secretary to
recover the cost to the Federal Government of acquiring
such ownership interest.
(2) Single renewal.--The Secretary may renew an extension
under paragraph (1) for a single period of not more than 6
months, if the Secretary submits to Congress a report stating
that the conditions described in subparagraphs (A) and (B) of
paragraph (1) still exist with respect to the subject ownership
interest.
(c) Conforming Amendment.--Section 3(9) of the Emergency Economic
Stabilization Act of 2008 (12 U.S.C. 5202(9)) is amended--
(1) in subparagraph (A), by striking ``; and'' at the end
and inserting a period;
(2) by striking ``means--'' and all that follows through
``residential'' in subparagraph (A) and inserting ``means
residential''; and
(3) by striking subparagraph (B).
(d) Deposit of Funds.--
(1) In general.--Section 115(a)(3) of the Emergency
Economic Stabilization Act of 2008 (12 U.S.C. 5225(a)(3)) is
amended by striking ``outstanding at any one time''.
(2) Deposit of funds into treasury.--
(A) In general.--On and after the date of enactment
of this Act, all repayments of obligations arising
under the Emergency Economic Stabilization Act of 2008
(12 U.S.C. 5201 et seq.), and all proceeds from the
sale of assets acquired by the Federal Government under
that Act, shall be paid into the general fund of the
Treasury for reduction of the public debt, in
accordance with section 106(d) of that Act (12 U.S.C.
5216(d)), as amended by this subsection.
(B) Conforming amendment.--Section 106(d) of the
Emergency Economic Stabilization Act of 2008 (12 U.S.C.
5216(d)) is amended by inserting ``, and repayments of
obligations arising under this Act,'' after ``section
113''.
(e) Influence of Management Decisions.--Title I of the Emergency
Economic Stabilization Act of 2008 (12 U.S.C. 5211 et seq.) is amended
by adding at the end the following:
``SEC. 137. INFLUENCE OF MANAGEMENT DECISIONS.
``(a) Definitions.--For purposes of this section--
``(1) the term `covered person' means any person who is an
officer or employee (including a special Government employee
(as defined in section 202(a) of title 18, United States Code))
of the executive branch of the United States (including any
independent agency of the United States); and
``(2) the term `significant management decision' includes
the appointment of senior executives or board members, business
strategies relating to production and manufacturing, plant
closings, the relocation of the headquarters of an entity, the
modification of labor contracts, and other financial decisions.
``(b) Influence Prohibited.--
``(1) In general.--It shall be unlawful for any covered
person to knowingly make, with the intent to influence, a
communication regarding a significant management decision of a
recipient of assistance under this title to any officer or
employee of the recipient.
``(2) Criminal penalty.--Any covered person who violates
paragraph (1) shall be fined under title 18, United States
Code, imprisoned for not more than 1 year, or both.
``(c) Civil Actions.--
``(1) In general.--The Attorney General of the United
States may bring a civil action in an appropriate United States
district court against any covered person to enforce subsection
(b).
``(2) Civil penalty.--Any covered person who, upon proof by
a preponderance of the evidence, violates subsection (b) shall
be subject to a civil penalty of not more than $50,000 for each
violation. The imposition of a civil penalty under this
paragraph shall not preclude any other criminal or civil
statutory, common law, or administrative remedy, which is
available by law to the United States or any other person.
``(3) Orders.--If the Attorney General of the United States
has reason to believe that a covered person is engaging in
conduct that violates subsection (b), the Attorney General may
petition an appropriate United States district court for an
order prohibiting the covered person from engaging in the
conduct. The court may issue an order prohibiting the covered
person from engaging in the conduct if the court finds that the
conduct constitutes a violation of subsection (b). The filing
of a petition under this paragraph shall not preclude any other
remedy which is available by law to the United States or any
other person.''.
(f) Federal Deposit Insurance Corporation.--Nothing in this Act may
be construed to impede the ability of the Federal Deposit Insurance
Corporation to maintain the stability of the banking system.
SEC. 4. OVERSIGHT BY FINANCIAL STABILITY OVERSIGHT BOARD.
Section 104(a) of the Emergency Economic Stabilization Act of 2008
(12 U.S.C. 5214(a)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the semicolon at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(4) reviewing the implementation of section 3 of the
Government Ownership Exit Plan Act of 2009.''.
SEC. 5. REPORTS REQUIRED.
(a) Report on Federal Government Ownership.--
(1) Reports required.--The Secretary shall make (and shall
publicly disclose) periodic reports detailing any ownership
interest held by the Federal Government, including any loan or
loan guarantee made by the Board of Governors of the Federal
Reserve System.
(2) Timing of reports.--The Secretary shall submit the
reports under paragraph (1)--
(A) not later than October 1, 2009; and
(B) each quarter of the fiscal year thereafter.
(b) Reports on Winding Down or Divestment.--
(1) Reports required.--The Secretary shall submit to
Congress periodic reports on the plans of the Secretary for
compliance with this Act, including any plans to wind down or
divest an ownership interest.
(2) Timing of reports.--The Secretary shall submit the
reports under paragraph (1)--
(A) not later than April 1, 2010; and
(B) each month thereafter until all ownership
interests are divested under section 3(a)(2).
SEC. 6. PLAN FOR GOVERNMENT SPONSORED ENTERPRISES.
Not later than 90 days after the date of enactment of this Act, the
Secretary shall submit to Congress a report describing a plan of the
Secretary--
(1) to end the conservatorship by the Federal Government of
the Federal National Mortgage Association and the Federal Home
Loan Mortgage Corporation; and
(2) to eliminate any form of direct ownership by the
Federal Government of the Federal National Mortgage Association
and the Federal Home Loan Mortgage Corporation. | Government Ownership Exit Plan Act of 2009 - Prohibits the federal government from acquiring, directly or indirectly, any ownership interest in a troubled asset described in the Emergency Economic Stabilization Act of 2008 (EESA) that was purchased from a financial institution by the Secretary of the Treasury.
Requires the Secretary to divest the government of any such interest not later than July 1, 2010, with exceptions allowing ownership interests of not more than six months if: (1) divestiture would have a significant adverse impact on taxpayers; and (2) there is a reasonable expectation that a waiver would allow recovery of the cost of acquiring such interest.
Amends EESA to state that the limit of authority to purchase troubled assets is $700 billion (under current law, such limitation, reduced by $1.259 billion, is described as "outstanding at any one time").
Requires all repayments of obligations arising under EESA, and all proceeds from the sale of assets acquired by the government under that Act, to be paid into the general fund of the Treasury for reduction of the public debt.
Makes it unlawful for an officer or employee of the executive branch to knowingly make, with the intent to influence, a communication regarding a significant management decision of a recipient of EESA assistance to any officer or employee of the recipient.
Makes the Financial Stability Oversight Board responsible for reviewing the ownership interest termination provisions of this Act.
Establishes requirements for reports by the Secretary on: (1) ownership interests; (2) plans for compliance with this Act, including for winding down and divestiture; and (3) ending conservatorship and direct ownership by the government of the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation (Fannie Mae and Freddie Mac, respectively). | {"src": "billsum_train", "title": "A bill to prohibit the Federal Government from holding ownership interests, and for other purposes."} | 1,959 | 384 | 0.580473 | 1.898872 | 0.790158 | 3.691176 | 5.132353 | 0.873529 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bandelier National Monument
Administrative Improvement and Watershed Protection Act of 1998''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that:
(1) Bandelier National Monument (hereinafter, the Monument) was
established by Presidential proclamation on February 11, 1916, to
preserve the archeological resources of a ``vanished people, with
as much land as may be necessary for the proper protection thereof
. . .'' (No. 1322; 39 Stat. 1746).
(2) At various times since its establishment, the Congress and
the President have adjusted the Monument's boundaries and purpose
to further preservation of archeological and natural resources
within the Monument.
(A) On February 25, 1932, the Otowi Section of the Santa Fe
National Forest (some 4,699 acres of land) was transferred to
the Monument from the Santa Fe National Forest (Presidential
Proclamation No. 1191; 17 Stat. 2503).
(B) In December of 1959, 3,600 acres of Frijoles Mesa were
transferred to the National Park Service from the Atomic Energy
Committee (hereinafter, AEC) and subsequently added to the
Monument on January 9, 1991, because of ``pueblo-type
archeological ruins germane to those in the monument''
(Presidential Proclamation No. 3388).
(C) On May 27, 1963, Upper Canyon, 2,882 acres of land
previously administered by the AEC, was added to the Monument
to preserve ``their unusual scenic character together with
geologic and topographic features, the preservation of which
would implement the purposes'' of the Monument (Presidential
Proclamation No. 3539).
(D) In 1976, concerned about upstream land management
activities that could result in flooding and erosion in the
Monument, Congress included the headwaters of the Rito de los
Frijoles and the Canada de Cochiti Grant (a total of 7,310
acres) within the Monument's boundaries (Public Law 94-578; 90
Stat. 2732).
(E) In 1976, Congress created the Bandelier Wilderness, a
23,267 acres area that covers over 70 percent of the Monument.
(3) The Monument still has potential threats from flooding,
erosion, and water quality deterioration because of the mixed
ownership of the upper watersheds, along its western border,
particularly in Alamo Canyon.
(b) Purpose.--The purpose of this Act is to modify the boundary of
the Monument to allow for acquisition and enhanced protection of the
lands within the Monument's upper watershed.
SEC. 3. BOUNDARY MODIFICATION.
Effective on the date of enactment of this Act, the boundaries of
the Monument shall be modified to include approximately 935 acres of
land comprised of the Elk Meadows subdivision, the Gardner parcel, the
Clark parcel, and the Baca Land & Cattle Co. lands within the Upper
Alamo watershed as depicted on the National Park Service map entitled
``Proposed Boundary Expansion Map Bandelier National Monument'' dated
July, 1997. Such map shall be on file and available for public
inspection in the offices of the Director of the National Park Service,
Department of the Interior.
SEC. 4. LAND ACQUISITION.
(a) In General.--Except as provided in subsections (b) and (c), the
Secretary of the Interior is authorized to acquire lands and interests
therein within the boundaries of the area added to the Monument by this
Act by donation, purchase with donated or appropriated funds, transfer
with another Federal agency, or exchange: Provided, That no lands or
interests therein may be acquired except with the consent of the owner
thereof.
(b) State and local lands.--Lands or interests therein owned by the
State of New Mexico or a political subdivision thereof may only be
acquired by donation or exchange.
(c) Acquisition of less than Fee interests in Land.--The Secretary
may acquire less than fee interests in land only if the Secretary
determines that such less than fee acquisition will adequately protect
the Monument from flooding, erosion, and degradation of its drainage
waters.
SEC. 5. ADMINISTRATION.
The Secretary of the Interior, acting through the Director of the
National Park Service, shall manage the national Monument, including
lands added to the Monument by this Act, in accordance with this Act
and the provisions of law generally applicable to units of National
Park System, including the Act of August 25, 1916, an Act to establish
a National Park Service (39 Stat. 535; 16 U.S.C. 1 et seq.), and such
specific legislation as heretofore has been enacted regarding the
Monument.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out the purpose of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Bandelier National Monument Administrative Improvement and Watershed Protection Act of 1998 - Modifies the boundaries of the Bandelier National Monument, New Mexico, to include specified lands within the Upper Alamo watershed.
Authorizes the Secretary of the Interior, within the boundaries of such added areas, to acquire lands by donation, purchase with donated or appropriated funds, exchange, or transfer with another Federal agency. Prohibits any lands or interests therein from being acquired except with the consent of the owner. Allows lands owned by New Mexico or a political subdivision thereof to be acquired only by donation or exchange. Authorizes the Secretary to acquire less than fee simple interests in land only if the Secretary determines that such acquisition will adequately protect the Monument from flooding, erosion, and degradation of its drainage waters.
Authorizes appropriations. | {"src": "billsum_train", "title": "Bandelier National Monument Administrative Improvement and Watershed Protection Act of 1998"} | 1,112 | 180 | 0.475477 | 1.404082 | 0.70109 | 4.699346 | 6.48366 | 0.908497 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Hate Crimes Hotline Act of
2009''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) On December 7, 2008, Jose Sucuzhanay, an Ecuadorian-
born real estate agent and father of two, was beaten to death
in Brooklyn while walking with his brother, who was visiting
from Ecuador. Three men with baseball bats attacked the
brothers while shouting anti-gay and anti-Hispanic slurs.
(2) Marcelo Lucero, 37 years of age, came to the United
States from Ecuador in 1993. He settled in Patchogue, New York,
a middle-class village in central Long Island. He worked in a
dry cleaning store and sent his savings home to his mother, a
cancer survivor, whom he had not seen since he left 16 years
ago. On the night of November 8, 2008, shortly before midnight,
seven teenagers got out of their car and taunted Lucero with
racist slurs as he walked home. They then beat and murdered
Marcelo Lucero. According to the indictment, the boys set out
that night to find someone of Hispanic heritage to assault.
(3) The number of hate groups in the United States has
increased by 54 percent over the past 8 years.
(4) In 2008, the Federal Bureau of Investigation reported a
6 percent rise in the number of hate crimes against gay,
lesbian, and transgender people.
(5) According to the Federal Bureau of Investigation,
attacks on Hispanics grew 40 percent from 2003 to 2007, even
though the Hispanic population only grew 16 percent in the same
time period and the total number of hate crimes has remained
steady.
SEC. 3. NATIONAL HATE CRIME HOTLINE AND HATE CRIME INFORMATION AND
ASSISTANCE WEBSITE.
(a) In General.--The Attorney General may award one or more grants
to private, nonprofit entities--
(1) to provide for the establishment and operation of a
national, toll-free telephone hotline to provide information
and assistance to victims of hate crimes (hereafter in this
section referred to as the ``national hate crime hotline''; and
(2) to provide for the establishment and operation of a
highly secure Internet website to provide that information and
assistance to such victims (hereafter in this section referred
to as the ``hate crime information and assistance website'').
(b) Duration.--A grant under this section may extend over a period
of not more than 5 years.
(c) Annual Approval.--The provision of payments under a grant
awarded under this section shall be subject to annual approval by the
Attorney General and subject to the availability of appropriations for
each fiscal year to make the payments.
(d) Hotline Activities.--An entity that receives a grant under this
section for activities described, in whole or in part, in subsection
(a)(1) shall use funds made available through the grant to establish
and operate a national hate crime hotline. In establishing and
operating the hotline, the entity shall--
(1) contract with a carrier for the use of a toll-free
telephone line;
(2) employ, train, (including technology training), and
supervise personnel to answer incoming calls and provide
counseling and referral services to callers on a 24-hour-a-day
basis;
(3) assemble and maintain a current database of information
relating to services for victims of hate crimes to which
callers throughout the United States may be referred;
(4) publicize the national hate crime hotline to potential
users throughout the United States; and
(5) be prohibited from asking hotline callers about their
citizenship status.
(e) Secure Website Activities.--
(1) In general.--An entity that receives a grant under this
section for activities described, in whole or in part, in
subsection (a)(2) shall use funds made available through the
grant to provide grants for startup and operational costs
associated with establishing and operating a hate crime
information and assistance website.
(2) Availability.--The hate crime information and
assistance website shall be available to the entity operating
the national hate crime hotline.
(3) Information.--The hate crime information and assistance
website shall provide accurate information that describes the
services available to victims of hate crimes, including health
care and mental health services, social services,
transportation, and other relevant services.
(4) Rule of construction.--Nothing in this section shall be
construed to require any shelter or service provider, whether
public or private, to be linked to the hate crime information
and assistance website or to provide information to the
recipient of the grant described in paragraph (1) or to the
website.
(f) Application.--The Attorney General may not award a grant under
this section unless the Attorney General approves an application for
such grant. To be approved by the Attorney General under this
subsection an application shall--
(1) contain such agreements, assurances, and information,
be in such form, and be submitted in such manner, as the
Attorney General shall prescribe through notice in the Federal
Register;
(2) in the case of an application for a grant to carry out
activities described in subsection (a)(1), include a complete
description of the applicant's plan for the operation of a
national hate crime hotline, including descriptions of--
(A) the training program for hotline personnel,
including technology training to ensure that all
persons affiliated with the hotline are able to
effectively operate any technological systems used by
the hotline;
(B) the hiring criteria for hotline personnel;
(C) the methods for the creation, maintenance, and
updating of a resource database;
(D) a plan for publicizing the availability of the
hotline;
(E) a plan for providing service to non-English
speaking callers, including service through hotline
personnel who speak Spanish; and
(F) a plan for facilitating access to the hotline
by persons with hearing impairments;
(3) in the case of an application for a grant to carry out
activities described in subsection (a)(2)--
(A) include a complete description of the
applicant's plan for the development, operation,
maintenance, and updating of information and resources
of the hate crime information and assistance website;
(B) include a certification that the applicant will
implement a high level security system to ensure the
confidentiality of the website, taking into
consideration the safety of hate crime victims; and
(C) include an assurance that, after the third year
of the website project, the recipient of the grant will
develop a plan to secure other public or private
funding resources to ensure the continued operation and
maintenance of the website;
(4) demonstrate that the applicant has recognized expertise
in the area of hate crimes and a record of high quality service
to victims of hate crimes, including a demonstration of support
from advocacy groups;
(5) demonstrate that the applicant has a commitment to
diversity, and to the provision of services to ethnic, racial,
religious, and non-English speaking minorities, in addition to
older individuals, individuals with disabilities, and
individuals of various gender, gender identity, and sexual
orientation; and
(6) contain such other information as the Attorney General
may require.
(g) Hate Crime Defined.--For purposes of this Act, the term ``hate
crime'' means a crime in which the defendant intentionally selects a
victim, or in the case of a property crime, the property that is the
object of the crime, because of the actual or perceived race, color,
religion, national origin, ethnicity, gender, gender identity,
disability, or sexual orientation of any person.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $3,500,000 for each of fiscal years 2010
through 2014.
(2) Website.--Of the amounts appropriated pursuant to
paragraph (1) for a year, not less than 10 percent shall be
used for purposes of carrying out subsection (a)(2).
(3) Availability.--Funds authorized to be appropriated
under paragraph (1) may remain available until expended.
SEC. 4. LOCAL LAW ENFORCEMENT EDUCATION AND TRAINING GRANT PROGRAM.
(a) In General.--The Attorney General may award grants to eligible
State and local law enforcement entities for educational and training
programs on solving hate crimes (as defined in section 1(g)) and
establishing community dialogues with groups whose members are at-risk
of being victims of such hate crimes.
(b) Eligibility.--To be eligible to receive a grant under
subsection (a), a State or local law enforcement entity must be in
compliance with reporting requirements applicable to such entity
pursuant to the Hate Crimes Statistics Act (28 U.S.C. 534 note).
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as are necessary for
fiscal year 2010 and each succeeding fiscal year.
SEC. 5. LOCAL RESOURCES TO COMBAT HATE CRIMES GRANT PROGRAM.
(a) In General.--The Attorney General shall establish a grant
program within the Office for Victims of Crime in the Office of Justice
Programs, under which the Attorney General may award grants to local
community based organizations, nonprofit organizations, and faith-based
organizations to establish or expand local programs and activities that
serve targeted areas and that provide legal, health (including physical
and mental health), and other support services to victims of hate
crimes (as defined in section (1)(g)). Grant funds may be used for
activities including hiring counselors and providing training,
resources, language support services, and information to such victims.
(b) Targeted Area Defined.--For purposes of this section, the term
``targeted area'' means an area with a demonstrated lack of resources,
as determined by the Attorney General, for victims of hate crimes.
(c) Funding Restriction.--None of the funds from a grant made under
this section may be used--
(1) by an organization that discriminates against an
individual on the basis of religion; or
(2) for purposes of promoting religious beliefs or views.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as are necessary for
fiscal year 2010 and each succeeding fiscal year. | National Hate Crimes Hotline Act of 2009 - Authorizes the Attorney General to award grants to: (1) private, nonprofit entities to establish and operate a national, toll-free telephone hotline and an Internet website to assist victims of hate crimes; and (2) state and local law enforcement entities for educational and training programs on solving hate crimes and establishing dialogues with members of communities who are at-risk of being victims of hate crimes.
Directs the Attorney General to establish a program for awarding grants to local organizations to establish or expand programs that provide services to victims of hate crimes. | {"src": "billsum_train", "title": "To establish grant programs to provide for the establishment of a national hate crime hotline and a hate crime information and assistance website, to provide training and education to local law enforcement to prevent hate crimes, and to provide assistance to victims of hate crimes."} | 2,251 | 124 | 0.457622 | 1.324126 | 0.573559 | 3.815789 | 18.535088 | 0.95614 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Surface Transportation Extension Act
of 2005, Part III''.
SEC. 2. ADMINISTRATIVE EXPENSES FOR FEDERAL-AID HIGHWAY PROGRAM.
(a) Authorization of Contract Authority.--Section 4(a) of the
Surface Transportation Extension Act of 2004, Part V (118 Stat. 1147,
119 Stat. 325) is amended by striking ``highway program'' and all that
follows through ``2005'' and inserting ``highway program $289,518,000
for fiscal year 2005''.
(b) Limitation on Obligations.--Notwithstanding any other provision
of law, the obligations for administrative expenses for Federal-aid
highway and highway safety construction programs provided by the
amendment made by subsection (a) shall be $3,000,000 for the period
beginning July 19, 2005, and ending July 21, 2005.
(c) Conforming Amendment.--Section 2(e)(3) of such Act (118 Stat.
1146, 119 stat. 325) is amended by striking ``July 19'' and inserting
``July 21''.
SEC. 3. ADMINISTRATIVE EXPENSES FOR NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION.
(a) In General.--There shall be available from the Highway Trust
Fund (other than the Mass Transit Account) for the Secretary of
Transportation to pay the administrative expenses of the National
Highway Traffic Administration in carrying out the highway safety
programs authorized by sections 157 and 163 of chapter 1 of title 23,
United States Code, and sections 402, 403, 405, and 410 of chapter 4 of
such title, the National Driver Register under chapter 303 of title 49,
United States Code, the motor vehicle safety program under chapter 301
of such title 49, and the motor vehicle information and cost savings
program under part C of subtitle VI of such title 49 $550,000 for the
period of July 20, 2005, through July 21, 2005.
(b) Contract Authority.--Funds made available by this section shall
be available for obligation in the same manner as if such funds were
apportioned under chapter 1 of title 23, United States Code; except
that such funds shall remain available until expended.
SEC. 4. ADMINISTRATIVE EXPENSES FOR MOTOR CARRIER SAFETY ADMINISTRATION
PROGRAM.
Section 7(a)(1) of the Surface Transportation Extension Act of
2004, Part V (118 Stat. 1153; 119 Stat. 330) is amended--
(1) by striking ``$206,037,600'' and inserting
``$206,737,600''; and
(2) by striking ``July 19'' and inserting ``July 21''.
SEC. 5. ADMINISTRATIVE EXPENSES FOR FEDERAL TRANSIT PROGRAMS.
(a) Authorization of Appropriations.--Section 5338(f)(2) of title
49, United States Code, is amended--
(1) in the heading by striking ``july 19'' and inserting
``july 21'';
(2) in subparagraph (A)(vii)--
(A) by striking ``$52,000,000'' and inserting
``$52,440,000''; and
(B) by striking ``July 19'' and inserting ``July
21''; and
(3) in subparagraph (B)(vii) by striking ``July 19'' and
inserting ``July 21''.
(b) Obligation Ceiling.--Section 3040(7) of the Transportation
Equity Act for the 21st Century (112 Stat. 394; 118 Stat. 885; 118
Stat. 1158; 119 Stat. 333) is amended--
(1) by striking ``$6,166,400,000'' and inserting
``$6,166,844,000''; and
(2) by striking ``July 19'' and inserting ``July 21''.
SEC. 6. EXTENSION OF AUTHORIZATION FOR USE OF TRUST FUNDS FOR
OBLIGATIONS UNDER TEA-21.
(a) Highway Trust Fund.--
(1) In general.--Paragraph (1) of section 9503(c) of the
Internal Revenue Code of 1986 is amended--
(A) in the matter before subparagraph (A), by
striking ``July 20, 2005'' and inserting ``July 22,
2005'',
(B) by striking ``or'' at the end of subparagraph
(L),
(C) by striking the period at the end of
subparagraph (M) and inserting ``, or'',
(D) by inserting after subparagraph (M) the
following new subparagraph:
``(N) authorized to be paid out of the Highway
Trust Fund under the Surface Transportation Extension
Act of 2005, Part III.'', and
(E) in the matter after subparagraph (N), as added
by this paragraph, by striking ``Surface Transportation
Extension Act of 2005, Part II'' and inserting
``Surface Transportation Extension Act of 2005, Part
III''.
(2) Mass transit account.--Paragraph (3) of section 9503(e)
of such Code is amended--
(A) in the matter before subparagraph (A), by
striking ``July 20, 2005'' and inserting ``July 22,
2005'',
(B) in subparagraph (J), by striking ``or'' at the
end of such subparagraph,
(C) in subparagraph (K), by inserting ``or'' at the
end of such subparagraph,
(D) by inserting after subparagraph (K) the
following new subparagraph:
``(L) the Surface Transportation Extension Act of
2005, Part III,'', and
(E) in the matter after subparagraph (L), as added
by this paragraph, by striking ``Surface Transportation
Extension Act of 2005, Part II'' and inserting
``Surface Transportation Extension Act of 2005, Part
III''.
(3) Exception to limitation on transfers.--Subparagraph (B)
of section 9503(b)(6) of such Code is amended by striking
``July 20, 2005'' and inserting ``July 22, 2005''.
(b) Aquatic Resources Trust Fund.--
(1) Sport fish restoration account.--Paragraph (2) of
section 9504(b) of the Internal Revenue Code of 1986 is amended
by striking ``Surface Transportation Extension Act of 2005,
Part II'' each place it appears and inserting ``Surface
Transportation Extension Act of 2005, Part III''.
(2) Boat safety account.--Subsection (c) of section 9504 of
such Code is amended--
(A) by striking ``July 20, 2005'' and inserting
``July 22, 2005'', and
(B) by striking ``Surface Transportation Extension
Act of 2005, Part II'' and inserting ``Surface
Transportation Extension Act of 2005, Part III''.
(3) Exception to limitation on transfers.--Paragraph (2) of
section 9504(d) of such Code is amended by striking ``July 20,
2005'' and inserting ``July 22, 2005''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
(d) Temporary Rule Regarding Adjustments.--During the period
beginning on the date of the enactment of the Surface Transportation
Extension Act of 2003 and ending on July 21, 2005, for purposes of
making any estimate under section 9503(d) of the Internal Revenue Code
of 1986 of receipts of the Highway Trust Fund, the Secretary of the
Treasury shall treat--
(1) each expiring provision of paragraphs (1) through (4)
of section 9503(b) of such Code which is related to
appropriations or transfers to such Fund to have been extended
through the end of the 24-month period referred to in section
9503(d)(1)(B) of such Code, and
(2) with respect to each tax imposed under the sections
referred to in section 9503(b)(1) of such Code, the rate of
such tax during the 24-month period referred to in section
9503(d)(1)(B) of such Code to be the same as the rate of such
tax as in effect on the date of the enactment of the Surface
Transportation Extension Act of 2003. | Surface Transportation Extension Act of 2005, Part III - Extends the authorization of appropriations from the Highway Trust Fund (HTF) for administrative expenses for federal highway, highway safety, motor carrier safety, and transit programs through July 21, 2005. Prohibits, after July 21, 2005, the obligation of funds for any federal-aid highway program project until enactment of a multi-year law reauthorizing the federal-aid highway program.
Amends the Internal Revenue Code to authorize until July 22, 2005, expenditures for obligations under the Transportation Equity Act for the 21st Century (TEA-21) from: (1) the HTF; (2) the Mass Transit Account; and (3) the Aquatic Resources Trust Fund. | {"src": "billsum_train", "title": "To provide an extension of administrative expenses for highway, highway safety, motor carrier safety, transit, and other programs funded out of the Highway Trust Fund pending enactment of a law reauthorizing the Transportation Equity Act for the 21st Century."} | 1,917 | 154 | 0.601649 | 1.676446 | 0.764229 | 3.189781 | 11.773723 | 0.927007 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``China Policy Act of 1995''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The People's Republic of China comprises one-fifth of
the world's population, or 1,200,000,000 people, and its
policies have a profound effect on the world economy and global
security.
(2) The People's Republic of China is a permanent member of
the United Nations Security Council and plays an important role
in regional organizations such as the Asia-Pacific Economic
Cooperation Forum and the ASEAN Regional Forum.
(3) The People's Republic of China is a nuclear power with
the largest standing army in the world, and has been rapidly
modernizing and expanding its military capabilities.
(4) The People's Republic of China is currently undergoing
a change of leadership which will have dramatic implications
for the political and economic future of the Chinese people and
for China's relations with the United States.
(5) China's estimated $600,000,000,000 economy has enjoyed
unparalleled growth in recent years.
(6) Economic liberalization in China has hastened
development of an informed middle class which demands greater
political and civil freedom; therefore, the Chinese people,
including a number of dissidents, favor increased economic
contacts between the United States and China.
(7) Despite increased economic linkages between the United
States and China, bilateral relations have deteriorated
significantly because of fundamental policy differences over a
variety of important foreign policy issues.
(8) The People's Republic of China has violated
international standards regarding the nonproliferation of
weapons of mass destruction.
(9) According to the State Department Country Report on
Human Rights Practices for 1994, there continue to be
``widespread and well-documented human rights abuses in China,
in violation of internationally accepted norms . . .
(including) arbitrary and lengthy incommunicado detention,
torture, and mistreatment of prisoners. . . . The regime
continued severe restrictions on freedom of speech, press,
assembly and association, and tightened control on the exercise
of these rights during 1994. Serious human rights abuses
persisted in Tibet and other areas populated by ethnic
minorities.''.
(10) The unjustified and arbitrary arrest, imprisonment,
and initiation of criminal proceedings against Harry Wu, a
citizen of the United States, has greatly exacerbated the
deterioration in relations between the United States and the
People's Republic of China, and all charges against him should
be dismissed.
(11) The United States currently has numerous sanctions on
the People's Republic of China with respect to government-to-
government assistance, arms sales, and other commercial
transactions.
(12) It is in the interest of the United States to foster
China's continued engagement in the broadest range of
international fora and increased respect for human rights,
democratic institutions, and the rule of law in China.
SEC. 3. UNITED STATES DIPLOMATIC INITIATIVES.
(a) United States Objectives.--The Congress calls upon the
President to undertake intensified diplomatic initiatives to persuade
the Government of the People's Republic of China to--
(1) immediately and unconditionally release Harry Wu from
detention;
(2) adhere to prevailing international standards regarding
the nonproliferation of weapons of mass destruction by, among
other things, immediately halting the export of ballistic
missile technology and the provision of other weapons of mass
destruction assistance, in violation of international
standards, to Iran, Pakistan, and other countries of concern;
(3) respect the internationally-recognized human rights of
its citizens by, among other things--
(A) permitting freedom of speech, freedom of press,
freedom of assembly, freedom of association, and
freedom of religion;
(B) ending arbitrary detention, torture, forced
labor, and other mistreatment of prisoners;
(C) releasing all political prisoners, and
dismantling the Chinese system of jailing political
prisoners (the gulag) and the Chinese forced labor
system (the Laogai);
(D) ending coercive birth control practices; and
(E) respecting the legitimate rights of the people
of Tibet and other ethnic minorities;
(4) curtail excessive modernization and expansion of
China's military capabilities, and adopt defense transparency
measures that will reassure China's neighbors;
(5) end provocative military actions in the South China Sea
and elsewhere that threaten China's neighbors, and work with
them to resolve disputes in a peaceful manner;
(6) adhere to a rules-based international trade regime in
which existing trade agreements are fully implemented and
enforced, and equivalent and reciprocal market access is
provided for United States goods and services in China; and
(7) reduce tensions with Taiwan by means of dialogue and
other confidence building measures.
(b) Venues for Diplomatic Initiatives.--The diplomatic initiatives
taken in accordance with subsection (a) should include actions by the
United States--
(1) in the conduct of bilateral relations with China;
(2) in the United Nations and other international
organizations;
(3) in the World Bank and other international financial
institutions;
(4) in the World Trade Organization and other international
trade fora; and
(5) in the conduct of bilateral relations with other
countries in order to encourage them to support and join with
the United States in taking the foregoing actions.
SEC. 4. REPORTING REQUIREMENTS.
The President shall report to the Congress within 30 days after the
date of enactment of this Act, and no less frequently than every 6
months thereafter, on--
(1) the actions taken by the United States in accordance
with section 3 during the preceding 6-month period;
(2) the actions taken with respect to China during the
preceding 6-month period by--
(A) the United Nations and other international
organizations;
(B) the World Bank and other international
financial institutions; and
(C) the World Trade Organization and other
international trade fora; and
(3) the progress achieved with respect to each of the
United States objectives identified in section 3(a).
Such reports may be submitted in classified and unclassified form.
SEC. 5. RADIO FREE ASIA.
(a) Plan for Radio Free Asia.--Section 309(c) of the United States
International Broadcasting Act of 1994 (22 U.S.C. 6208(c)) is amended
to read as follows:
``(c) Submission of Plan.--Not later than 30 days after the date of
enactment of the China Policy Act of 1995, the Director of the United
States Information Agency shall submit to the Congress a detailed plan
for the establishment and operation of Radio Free Asia in accordance
with this section. Such plan shall include the following:
``(1) A description of the manner in which Radio Free Asia
would meet the funding limitations provided in subsection
(d)(4).
``(2) A description of the numbers and qualifications of
employees it proposes to hire.
``(3) How it proposes to meet the technical requirements
for carrying out its responsibilities under this section.''.
(b) Initiation of Broadcasting to China.--Not later than 90 days
after the date of enactment of this Act, Radio Free Asia shall commence
broadcasting to China. Such broadcasting may be undertaken initially by
means of contracts with or grants to existing broadcasting
organizations and facilities. | China Policy Act of 1995 - Urges the President to undertake diplomatic initiatives to persuade China to: (1) immediately and unconditionally release Harry Wu from detention; (2) adhere to international standards regarding the nonproliferation of weapons of mass destruction by, among other things, halting the export of ballistic missile technology and the provision of other weapons of mass destruction assistance, in violation of international standards, to Iran, Pakistan, and other countries of concern; (3) respect the internationally-recognized human rights of its citizens; (4) curtail excessive modernization and expansion of its military capabilities, and adopt defense transparency measures that will reassure its neighbors; (5) end provocative military actions in the South China Sea and elsewhere that threaten China's neighbors, and work with them to resolve disputes peacefully; (6) adhere to a rules-based international trade regime in which existing trade agreements are fully implemented and enforced, and equivalent and reciprocal market access is provided for U.S. goods and services there; and (7) reduce tensions with Taiwan.
Requires the President to report to the Congress on: (1) the actions taken and the progress achieved by the United States with respect to these objectives; and (2) the actions taken in light of them with respect to China by the United Nations and other international organizations, including the World Bank and the World Trade Organization.
Amends the United States International Broadcasting Act of 1994 to require the Director of the USIA to submit to the Congress a plan for the establishment of Radio Free Asia to broadcast into China. Requires Radio Free Asia to commence broadcasting to China within 90 days after enactment of this Act. | {"src": "billsum_train", "title": "China Policy Act of 1995"} | 1,568 | 351 | 0.52133 | 1.793734 | 0.719476 | 5.962617 | 4.71028 | 0.959502 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Building a Health Care Workforce for
the Future Act''.
SEC. 2. GRANTS TO STATES FOR SCHOLARSHIP PROGRAMS.
Subpart III of part D of title III of the Public Health Service Act
(42 U.S.C. 254l et seq.) is amended by adding at the end the following:
``SEC. 338N. GRANTS TO STATES FOR SCHOLARSHIP PROGRAMS.
``(a) In General.--The Secretary shall award grants to eligible
States to enable such States to implement scholarship programs to
ensure, with respect to the provision of health services, an adequate
supply of physicians, dentists, behavioral and mental health
professionals, certified nurse midwives, certified nurse practitioners,
physician assistants, and pharmacists or other health profession as
determined by the Secretary.
``(b) Eligible States.--To be eligible to receive a grant under
this section, a State shall submit to the Secretary an application
containing such information as the Secretary determines necessary to
carry out this section.
``(c) Eligible Participants.--To be eligible to participate in a
scholarship program carried out with a grant received under this
section, an individual shall--
``(1) be accepted for enrollment, or be enrolled, as a
full-time student--
``(A) in an accredited (as determined by the
Secretary) educational institution in a State; and
``(B) in a course of study or program, offered by
such institution and approved by the Secretary, leading
to a degree in medicine, dentistry, school of pharmacy,
other health profession designated by the Secretary,
nursing college, or an appropriate degree from a
graduate program of behavioral and mental health;
``(2) submit to the State, an application to participate in
the program; and
``(3) sign and submit to the State, at the time of the
submission of the application under paragraph (2), a written
contract that requires the individual to--
``(A) accept payments under the scholarship;
``(B) maintain a minimum level of academic standing
during the period of the scholarship, as determined by
the Secretary;
``(C) if applicable, complete an accredited
residency training program;
``(D) become licensed in the applicant's State of
residence; and
``(E) serve as a provider for 1 year in--
``(i) a health professional shortage area
(as defined by the National Health Service
Corps under section 332);
``(ii) a medically underserved area (as
defined for purposes of section 330); or
``(iii) any other shortage area defined by
the State and approved by the Secretary;
in the applicant's State of residence for every year in
which the applicant received a scholarship.
``(d) Designation of Areas.--To be eligible to receive a grant
under this section, a State shall adequately demonstrate to the
Secretary that the State has designated appropriate health professions
or specialty shortage areas.
``(e) Required Disclosures.--In disseminating application and
contract forms to individuals desiring to participate in a scholarship
program funded under this section, the State shall include with such
forms a summary of the rights and liabilities of an individual whose
application is approved (and whose contract is accepted), including a
clear explanation of the damages to which the State is entitled in the
case of the individual's breach of the contract.
``(f) Awarding of Contracts.--
``(1) In general.--A State that enters into a contract with
an individual under subsection (c)(3) shall, with respect to
the program in which the individual is enrolled, agree to pay--
``(A) all tuition and costs associated with the
program;
``(B) any other reasonable educational expenses,
including fees, books, and laboratory expenses, related
to the program; and
``(C) a cost-of-living stipend in an amount to be
determined the Secretary.
``(2) Consideration by state.--In entering into contracts
with individuals that meet the requirements of subsection (c),
the State shall consider the extent of the applicant's
demonstrated interest in the provision of care services in a
particular provider shortage area.
``(g) Matching Funds.--A State receiving a grant under this section
shall, with respect to the costs of making payments on behalf of
individuals under the scholarship program implemented by the State
under the grant, make available (directly or through donations from
public or private entities) non-Federal contributions in cash toward
such costs in an amount equal to not less than $1 for each $1 of
Federal funds provided under the grant.
``(h) Direct Administration by State Agency.--The scholarship
program of any State receiving a grant under this section shall be
administered directly by a State agency.
``(i) Report by Secretary.--Not later than 4 years after the date
of enactment of this section, and every 5 years thereafter, the
Secretary shall submit to Congress a report concerning--
``(1) the number of scholarships awarded under the State
scholarship program;
``(2) the number of scholarship recipients, broken down by
practice area, serving in the profession originally awarded a
scholarship for 1 year after the completion of the service
period required under subsection (c)(3)(E);
``(3) the number of scholarship recipients, broken down by
provider type, practicing in an underserved area 1 year after
the completion of the service period required under subsection
(c)(3)(E);
``(4) data on any changes in health professional shortage
areas or medically underserved areas within the State;
``(5) remaining gaps in such health professional shortage
areas or medically underserved areas;
``(6) the number of additional full-time physicians that
would be required to eliminate such health professional
shortage areas or medically underserved areas in the State;
``(7) the number of individuals who received a scholarship
but failed to comply with its requirements;
``(8) the action taken by the State to recoup scholarship
funds in the case of any non-compliance; and
``(9) recommendations to improve the program under this
section.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $20,000,000 for each of fiscal
years 2014 through 2018. Not less than 50 percent of the amount
appropriated for a fiscal year under this subsection shall be used to
provide scholarships to providers who intend on pursuing careers in
primary care.''.
SEC. 3. INCREASING MENTORING AND TRANSFORMING COMPETENCIES IN PRIMARY
CARE.
Title VII of the Public Health Service Act is amended by inserting
after section 747A (42 U.S.C. 293k-1), the following:
``SEC. 747B. DEVELOPING EFFECTIVE PRIMARY CARE MENTORS AND IMPROVING
MENTORSHIP OPPORTUNITIES FOR MEDICAL STUDENTS.
``(a) Grants To Cultivate Primary Care Mentors and Improve Primary
Care Mentorship Opportunities for Medical Students.--The Secretary may
award grants to eligible medical schools to assist such schools in
developing and strengthening primary care mentorship programs and
cultivating leaders in primary care among students.
``(b) Eligibility.--To be eligible to receive a grant under this
section, an entity shall--
``(1) be an accredited medical school or college of
osteopathic medicine; and
``(2) submit to the Secretary an application at such time,
in such manner, and containing such information as the
Secretary may require, including an assurance that the
applicant will use amounts received under the grant to--
``(A) establish or enhance existing mentorship
programs, including--
``(i) incentivizing medical school faculty
(through financial or other reward systems) to
participate as a mentor of other primary care
physician faculty members and students;
``(ii) providing resources for aspiring
mentors to participate in workshops or other
learning experiences in which primary care
physicians can learn about effective strategies
in primary care mentoring;
``(iii) enabling successful primary care
mentors on medical school faculty to spend time
at another institution where they can promote
best practices in mentoring primary care
leaders and students; and
``(iv) developing web-based resources for
mentors to interact regularly and share
successful strategies; or
``(B) cultivate interest and leaders in primary
care among students, including--
``(i) offering students that identify
interest in primary care upon matriculation,
longitudinal experiences in primary care to
care for and track the health and wellness of
patients throughout medical school;
``(ii) arranging partnerships with private
practices, insurers, schools of public health,
public health departments, and community-based
service projects with the goal of providing
students with the opportunity to interact with
primary care mentors from a variety of health
care settings;
``(iii) providing stipends or other forms
of financial resources to students who work
with designated mentors in the field of primary
care in underserved urban and rural
communities; and
``(iv) supporting opportunities for
students to engage in practice redesign or
other efforts in which primary care physicians
are taking a leadership role in delivery system
reform.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $20,000,000 for each of fiscal
years 2014 through 2020.
``SEC. 747C. DEVELOPING AND PROMOTING NEW COMPETENCIES.
``(a) Grants To Develop and Promote New Competencies.--In order to
foster curricular innovations to improve the education and training of
health care providers, the Secretary shall award grants to medical and
other health professions schools to promote priority competencies (as
described in subsection (b)).
``(b) Priority Competencies.--In awarding grants under subsection
(a), the Secretary, acting through the Advisory Committee on Training
in Primary Care and Dentistry, shall select an annual competency to
direct the awarding of such grants. Such annual competencies may
include--
``(1) patient-centered medical homes;
``(2) chronic disease management;
``(3) integration of primary care and mental health care;
``(4) integration of primary care, public and population
health, and health promotion;
``(5) cultural competency;
``(6) domestic violence;
``(7) improving care in medically undeserved areas; and
``(8) team-based care.
``(c) Grant Recipients.--The Secretary may award grants under
subsection (a) to programs that provide education or training for--
``(1) physicians;
``(2) dentists and dental hygienists;
``(3) physician assistants;
``(4) mental and behavioral health providers;
``(5) public and populations health professionals; or
``(6) pharmacists.
``(d) Consideration in Evaluating Grant Applications.--The
Secretary shall give consideration to applicants that are proposing to
partner with other medical programs, health professions programs, or
nursing programs.
``(e) Grantee Reports.--The recipient of a grant under this section
shall, not later than 180 days after the end of the grant period
involved, submit to the Advisory Committee, a report on the following
(where appropriate):
``(1) A description of how the funding under the grant was
used by the grantee.
``(2) A description of the intended goal of such funding.
``(3) A description of the challenges faced by the grantee
in reaching the goal described in paragraph (2).
``(4) A description of the lessons learned by the grantee
related to the grant activities.
``(f) Recommendations of the Advisory Committee.--The Advisory
Committee, based on the information submitted under subsection (d),
shall annually report to the Secretary on outcomes of the activities
carried out under grants under this section, including specific
recommendations for scaling up innovations to promote education and
training of health care providers in the priority competencies
described in subsection (b).
``(g) Authorization of Appropriations.--There are authorized to be
appropriated, $10,000,000 for each of fiscal years 2014 through 2018 to
carry out this section.''.
SEC. 4. STUDY ON DOCUMENTATION REQUIREMENTS FOR COGNITIVE SERVICE.
Not later than 3 years after the date of enactment of this Act, the
Institute of Medicine shall conduct a study, and submit a report to
Congress, concerning the documentation requirements for cognitive
services (evaluation and management services) required under the
Medicare and Medicaid programs under titles XVIII and XIX of the Social
Security Act, and through private health insurers. Such study shall
include an evaluation of--
(1) how documentation requirements designed for paper-based
records should be modified for electronic records;
(2) whether or not the documentation requirements are
overly burdensome on physicians and detract from patient care;
(3) the administrative costs to physician practices of the
current documentation requirements;
(4) the average amount of time required by physicians to
document cognitive services;
(5) options to more appropriately compensate physicians for
evaluation and management of patient care without requiring
excessive documentation of cognitive services; and
(6) recommendations for less burdensome alternatives or
changes to existing documentation requirements of cognitive
services. | Building a Health Care Workforce for the Future Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to award matching grants to enable states to implement scholarship programs to ensure an adequate supply of health professionals. Authorizes the Secretary to award grants to assist medical schools in developing and strengthening primary care mentorship programs and cultivating leaders in primary care among its students. Requires the Secretary to award grants to medical and other health professions schools to promote priority competencies that are selected annually by the Advisory Committee on Training in Primary Care Medicine and Dentistry, in order to foster curricular innovations to improve the education and training of health care providers. Directs the Institute of Medicine to study the documentation requirements for cognitive services (evaluation and management services) required under Medicare and Medicaid and through private health insurers. | {"src": "billsum_train", "title": "Building a Health Care Workforce for the Future Act"} | 2,921 | 178 | 0.500443 | 1.23705 | 0.81368 | 4.388535 | 17.681529 | 0.961783 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Space Tourism Promotion Act of
2001''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) humans have long had a yearning to travel in space and
experience conditions beyond Earth's atmosphere;
(2) forty years of human space flight experience have
demonstrated the feasibility of safe travel to and from space
as well as the ability of humans to live and work in space;
(3) the Nation's human space flight program has developed
technologies and operational procedures that the private sector
could make use of to enable American citizens to experience
space travel;
(4) space tourism has the potential to become a significant
industry and a powerful stimulus for advances in space
transportation;
(5) the Federal Government could play an important role in
stimulating the development of space tourism by means of
guaranteed loans, tax credits, expeditious establishment of a
straightforward and predictable regulatory structure, and
research and development in technologies that may enable the
private sector to develop operational passenger-carrying space
transportation systems and on-orbit habitations;
(6) as the agency of the Federal Government primarily
responsible for the development of America's commercial sector,
the Department of Commerce, and in particular its Office of
Space Commercialization, should have the lead role in
encouraging the growth of space tourism;
(7) as the agency of the Federal Government currently
responsible for regulating America's commercial space
transportation industry, the Federal Aviation Administration,
and in particular its Office of Commercial Space
Transportation, should have the lead role in establishing the
regulatory structure necessary to ensure the safety of United
States space tourism;
(8) as the agency of the Federal Government responsible for
carrying out the major share of the Nation's civil space
activities, the National Aeronautics and Space Administration
should continue its traditional role of conducting research and
development related to new space technologies and systems and
facilitating their transfer to the private sector;
(9) it is an appropriate role for the Federal Government to
undertake measures to encourage the development of space
tourism in the United States; and
(10) at the same time, it is an inappropriate role and a
misallocation of taxpayer-provided resources for the Federal
Government to compete with the private sector in the provision
of transportation vehicles or facilities for space tourism.
SEC. 3. DEFINITIONS.
In this Act--
(1) terms that are defined in the Federal Credit Reform Act
of 1990 have the meaning given those terms in that Act; and
(2) the term ``space tourism'' means travel to, from, or
within outer space, or to the surface of a body in space other
than Earth, or habitation in outer space, for the purpose of
recreation.
SEC. 4. LOAN GUARANTEES.
(a) Authority.--
(1) In general.--The Secretary of Commerce may guarantee up
to 85 percent of the value of loans for the purpose of
developing transportation systems, habitation facilities, or
other infrastructure required for space tourism.
(2) Limitation.--The maximum aggregate amount of loan
commitments that may be guaranteed under this section by the
Secretary of Commerce at any one time shall be $2,000,000,000.
(3) Administrative fee.--The Secretary of Commerce is
authorized to collect from any borrower, and to the extent
provided for in advance in appropriations Acts to use, an
amount not to exceed 0.5 percent of the amount borrowed, for
covering the administrative expenses and other annual costs to
the Department of Commerce of the loan guarantee.
(b) Terms and Conditions.--A loan guaranteed under this section
shall be on such terms and conditions as the Secretary of Commerce may
prescribe.
(c) Term of Loans.--Loans guaranteed under this section shall be
for a term of not to exceed 20 years, or 100 percent of the useful life
of the substantial portion of the physical assets to be financed by the
loans, whichever is shorter, as determined by the Secretary of
Commerce.
(d) Lien on Interests in Assets.--Upon providing a loan guarantee
to a borrower under this section, the Secretary of Commerce shall have
liens which shall be superior to all other liens on assets of the
borrower equal to 85 percent of the unpaid balance of the loan subject
to the guarantee.
(e) Protection.--No loan shall be guaranteed under this section
unless the Secretary of Commerce determines that the borrower is
responsible and that adequate provision is made for servicing the loan
on reasonable terms and for protecting the interests of the United
States.
(f) Validity.--A loan guarantee under this section shall be
conclusive evidence that such guarantee has been properly obtained, and
that the underlying loan qualifies for such guarantee. In an action for
fraud or material misrepresentation by the holder of a loan guaranteed
under this section, such guarantee shall be presumed to be valid,
legal, and enforceable.
(g) Forbearance.--The Secretary of Commerce may approve an
agreement, between the parties to a loan guaranteed under this section,
that provides for forbearance for the benefit of the borrower if the
forbearance will result in no cost to the Federal Government.
(h) Administration and Oversight Responsibility.--The Office of
Space Commercialization shall be responsible for the administration and
oversight of this section on behalf of the Department of Commerce.
SEC. 5. CAPITAL GAINS EXCLUSION.
(a) In General.--Part I of subchapter P of chapter 1 of the
Internal Revenue Code of 1986 (relating to items specifically excluded
from gross income) is amended by adding at the end the following new
section:
``SEC. 1203. EXCLUSION OF GAINS FOR QUALIFIED SPACE TOURISM
CORPORATIONS.
``(a) In General.--Gross income shall not include gain on the sale
or exchange of any stock of a qualified space tourism corporation held
for more than one year.
``(b) Qualified Space Tourism Corporation.--For purposes of
subsection (a), the term `qualified space tourism corporation' means,
with respect to any taxable year, a domestic corporation which is a C
corporation if--
``(1) such corporation is organized exclusively for
providing to unrelated persons any service of space tourism (as
defined in section 3 of the Space Tourism Promotion Act of
2001), and
``(2) such corporation derives at least 75 percent of its
gross receipts from the active conduct of a trade or business
of providing a service described in paragraph (1).
``(c) Certain Purchases by Corporations of Its Own Stock.--For
purposes of this section, rules similar to the rules of section
1202(c)(3) shall apply.
``(d) Related Person.--Persons shall be treated as related to each
other if such persons would be treated as a single employer under the
regulations prescribed under section 52(b). In the case of a
corporation which is a member of an affiliated group of corporations
filing a consolidated return, such corporation shall be treated as
providing services related to space tourism to an unrelated person if
such services are provided to such a person by another member of such
group.
``(e) Termination.--This section shall not apply to sales or
exchanges after December 31, 2011.''.
(b) Clerical Amendment.--The table of sections for part I of
subchapter P of such Code is amended by adding at the end the following
new item:
``Sec. 1203. Exclusion of gains for
qualified space tourism
corporations.''
(c) Effective Date.--The amendments made by this section shall
apply to sales and exchanges in taxable years beginning after December
31, 2001.
SEC. 6. ESTABLISHMENT OF REGULATORY STANDARDS.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, the Secretary of Transportation shall issue
regulations to govern--
(1) activities necessary to ensure the safe operation of
passenger-carrying launch and reentry vehicles and spacecraft
for space tourism, to the extent to which regulatory procedures
have not previously been established by law; and
(2) activities related to the provision of and safe
operation of habitable facilities in outer space for space
tourism purposes.
(b) Orbital Debris Avoidance.--Not later than 2 years after the
date of the enactment of this Act, the Secretary of Transportation
shall issue regulations to prevent, to the extent practicable, the
growth of orbital debris resulting from activities associated with
space tourism.
(c) Legal Regime.--Activities taking place on space tourism
habitation facilities and passenger-carrying launch and reentry
vehicles and spacecraft for space tourism licensed or otherwise
regulated by the Secretary of Transportation shall be governed by the
laws of the United States.
SEC. 7. USE OF FEDERAL FACILITIES.
(a) Prohibition Against Certain Uses of Federal Facilities.--
(1) In general.--Launch, reentry, and space travel vehicles
owned by the Federal Government shall not be used for the
transport of any individuals other than those engaged in or
supporting the conduct of official business of the United
States or the conduct of scientific or engineering research and
development, except in emergency situations.
(2) International space station.--The United States portion
of the International Space Station shall not be visited or
occupied by any individuals other than those engaged in or
supporting the conduct of official business of the United
States or the conduct of scientific or engineering research and
development, and those authorized by relevant international
agreements, except in emergency situations.
(b) Use of Other Federal Facilities.--The use of other Federal
facilities and infrastructure, such as launch ranges and data relay
satellites, shall be made available to commercial entities engaged in
space tourism on a cost-reimbursable basis to the extent that excess
capacity exists at the time the commercial entity requests the use of
such facilities and infrastructure. | Space Tourism Promotion Act of 2001 - Authorizes the Secretary of Commerce to guarantee up to 85 percent of the value of loans for developing transportation systems, habitation facilities, or other infrastructure required for space tourism.Amends the Internal Revenue Code of 1986 to exclude from gross income gain on the sale or exchange of any stock of a qualified space tourism corporation held for more than a year.Requires the Secretary of Transportation to issue regulations to: (1) govern activities necessary to ensure the safe operation of passenger-carrying launch and reentry vehicles and spacecraft for space tourism and activities related to the provision and safe operation of habitable facilities in outer space for space tourism; and (2) prevent the growth of orbital debris resulting from activities associated with space tourism.Prohibits: (1) the use of launch, reentry, and space travel vehicles owned by the Government for the transport of any individuals other than those engaged in or supporting the conduct of official business or scientific or engineering research and development (R&D), except in emergencies; and (2) the U.S. portion of the International Space Station from being visited or occupied by any individuals other than those engaged in or supporting the conduct of such business or R&D and those authorized by relevant international agreements, except in emergencies.Requires the use of other Federal facilities and infrastructure, such as launch ranges and data relay satellites, to be made available to commercial entities engaged in space tourism on a cost-reimbursable basis to the extent that excess capacity exists. | {"src": "billsum_train", "title": "To promote the development of the United States space tourism industry, and for other purposes."} | 2,128 | 323 | 0.555019 | 1.861672 | 0.688438 | 5.818815 | 6.940767 | 0.954704 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Privacy Protection Act''.
SEC. 2. INCREASING PARENTAL INVOLVEMENT AND PROTECTING STUDENT PRIVACY.
Title XIV of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8801 et seq.) is amended by adding at the end the following:
``Part I--Increasing Parental Involvement and Protecting Student
Privacy
``SEC. 14901. INTENT.
``It is the purpose of this part to provide parents with notice of
and opportunity to make informed decisions regarding commercial
activities occurring in their children's classrooms.
``SEC. 14902. COMMERCIALIZATION POLICIES AND PRIVACY FOR STUDENTS.
``(a) Policy Development.--A State educational agency or local
educational agency that receives funds under this Act shall develop a
policy regarding in-school commercialization activities in consultation
with parents and provide notice to parents regarding such policy and
any changes to such policy, including locally developed exceptions
under subsection (e).
``(b) Funding Prohibition.--Except as provided in subsection (c),
no State educational agency or local educational agency that receives
funds under this Act may--
``(1) disclose data or information the agency gathered from
a student to a person or entity that seeks disclosure of the
data or information for the purpose of benefiting the person or
entity's commercial interests; or
``(2) permit by contract a person or entity to gather from
a student, or assist a person or entity in gathering from a
student, data or information, if the purpose of gathering the
data or information is to benefit the commercial interests of
the person or entity.
``(c) Parental Consent.--
``(1) Disclosure.--A State educational agency or local
educational agency that is a recipient of funds under this Act
may disclose data or information under subsection (b)(1) if the
agency, prior to the disclosure--
``(A) explains to the student's parent, in writing,
what data or information will be disclosed, to which
person or entity the data or information will be
disclosed, the amount of class time, if any, that will
be consumed by the disclosure, and how the person or
entity will use the data or information; and
``(B) obtains the parent's written permission for
the disclosure.
``(2) Gathering.--A State educational agency or local
educational agency that is a recipient of funds under this Act
may permit by contract, or assist, the gathering of data or
information under subsection (b)(2) if the agency, prior to the
gathering--
``(A) explains to the student's parent, in writing,
what data or information will be gathered including
whether any of the information is personally
identifiable, which person or entity will gather the
data or information, the amount of class time if any,
that will be consumed by the gathering, and how the
person or entity will use the data or information; and
``(B) obtains the parent's written permission for
the gathering.
``(d) Definitions.--In this part:
``(1) Student.--The term `student' means a student under
the age of 18.
``(2) Commercial interest.--The term `commercial interest'
does not include the interest of a person or entity in
gathering data or information from a student for the purpose of
developing, evaluating, or providing educational products or
services for or to students or educational institutions, such
as--
``(A) college and other post-secondary education
recruiting;
``(B) book clubs and other programs providing
access to low cost books or other related literary
products;
``(C) curriculum and instructional materials used
by elementary and secondary schools to teach if--
``(i) the information is not used to sell,
advertise, or develop another product; and
``(ii) the curriculum and instructional
materials are used in accordance with
applicable Federal, State, and local policies;
and
``(D) the development and administration of tests
and assessments used by elementary and secondary
schools to provide cognitive, evaluative, diagnostic,
clinical, aptitude, or achievement information about
students (or to generate other statistically useful
data for the purpose of securing such tests and
assessments) and the subsequent analysis and public
release of aggregate data if--
``(i) the information is not used to sell,
advertise, or develop another product; and
``(ii) the tests are conducted in
accordance with applicable Federal, State, and
local policies.
``(e) Locally Developed Exceptions.--A local educational agency, in
consultation with parents, may develop appropriate exceptions to the
consent requirements contained in this part.
``(f) Funding.--A State educational agency or local educational
agency may use funds provided under part A of title VI to enhance
parental involvement in areas affecting children's in-school
privacy.''. | Student Privacy Protection Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to require State and local educational agencies (SEAs and LEAs) that receive ESEA funds to: (1) develop policies regarding in-school commercialization activities in consultation with parents; and (2) provide notice to parents regarding such policies and any changes to such policies, including locally developed exceptions.Prohibits such SEAs and LEAs, unless they have given an explanation and obtained parents' written permission, from: (1) disclosing data or information gathered from a student to persons or entities that seek such disclosure to benefit their commercial interests; or (2) assisting or permitting by contract such persons or entities in gathering such information for such purpose. Allows locally-developed exceptions to such consent requirements.Allows SEAs and LEAs to use certain ESEA funds to enhance parental involvement in areas affecting children's in-school privacy. | {"src": "billsum_train", "title": "A bill to increase parental involvement and protect student privacy."} | 1,107 | 201 | 0.610751 | 1.676598 | 0.823071 | 2.942529 | 5.942529 | 0.816092 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Workplace Fairness Act of 1997''.
SEC. 2. DISCRIMINATION PROHIBITED.
A covered entity shall not subject an individual to different
standards or treatment on any basis other than factors pertaining to
job performance in connection with employment or employment
opportunities, or beginning on the 91st day of employment following
hire or rehire, the compensation, terms conditions, or privileges of
employment.
SEC. 3. QUOTAS PROHIBITED.
A covered entity shall not adopt or implement a quota pursuant to
this Act on any basis other than factors pertaining to job performance.
SEC. 4. RELIGIOUS EXEMPTION.
(a) In General.--Except as provided in subsection (b), this Act
shall not apply to religious organizations.
(b) For-Profit Activities.--This Act shall apply with respect to
employment and employment opportunities that relate to any employment
position that pertains solely to a religious organization's for-profit
activities subject to taxation under section 511(a) of the Internal
Revenue Code of 1986.
SEC. 5. ENFORCEMENT.
(a) Enforcement Powers.--With respect to the administration and
enforcement of this Act in the case of a claim alleged by an individual
for a violation of this Act--
(1) the Commission shall have the same powers as the
Commission has to administer and enforce--
(A) title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000e et seq.), or
(B) sections 302, 303, and 304 of the Government
Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, and
1204),
in the case of a claim alleged by such individual for a
violation of such title or of section 302(a)(1) of such Act,
respectively,
(2) the Librarian of Congress shall have the same powers as
the Librarian of Congress has to administer and enforce title
VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.)
in the case of a claim alleged by such individual for a
violation of such title,
(3) the Board (as defined in section 101 of the
Congressional Accountability Act of 1995 (Public Law 104-1; 109
Stat. 3) shall have the same powers as the Board has to
administer and enforce the Congressional Accountability Act of
1995 in the case of a claim alleged by such individual for a
violation of section 201(a)(1) of such Act.
(4) the Attorney General of the United States shall have
the same powers as the Attorney General has to administer and
enforce--
(A) title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000e et seq.), or
(B) sections 302, 303, and 304 of the Government
Employee Rights Act of 1991 (2 U.S.C. 1202, 1203,
1204),
in the case of a claim alleged by such individual for a
violation of such title or of section 302(a)(1) of such Act,
respectively, and
(5) the courts of the United States shall have the same
jurisdiction and powers as such courts have to enforce--
(A) title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000e et seq.) in the case of a claim alleged by
such individual for a violation of such title,
(B) sections 302, 303, and 304 of the Government
Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, 1204)
in the case of a claim alleged by such individual for a
violation of section 302(a)(1) of such Act, and
(C) the Congressional Accountability Act of 1995
(Public Law 104-1; 109 Stat. 3) in the case of a claim
alleged by such individual for a violation of section
201(a)(1) of such Act.
(b) Procedures and Remedies.--The procedures and remedies
applicable to a claim alleged by an individual for a violation of this
Act are--
(1) the procedures and remedies applicable for a violation
of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e
et seq.) in the case of a claim alleged by such individual for
a violation of such title,
(2) the procedures and remedies applicable for a violation
of section 302(a)(1) of the Government Employee Rights Act of
1991 (2 U.S.C. 1202(a)(1)) in the case of a claim alleged by
such individual for a violation of such section, and
(3) the procedures and remedies applicable for a violation
of section 201(a)(1) of Congressional Accountability Act of
1995 (Public Law 104-1; 109 Stat. 3) in the case of a claim
alleged by such individual for a violation of such section.
(c) Other Applicable Provisions.--With respect to claims alleged by
covered employees (as defined in section 101 of the Congressional
Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3)) for
violations of this Act, title III of the Congressional Accountability
Act of 1995 shall apply in the same manner as such title applies with
respect to a claims alleged by such covered employees for violations of
section 201(a)(1) of such Act.
SEC. 7. STATE AND FEDERAL IMMUNITY.
(a) State Immunity.--A State shall not be immune under the eleventh
article of amendment to the Constitution of the United States from an
action in a Federal court of competent jurisdiction for a violation of
this Act. In an action against a State for a violation of this Act,
remedies (including remedies at law and in equity) are available for
the violation to the same extent as such remedies are available in an
action against any public or private entity other than a State.
(b) Liability of the United States.--The United States shall be
liable for all remedies (excluding punitive damages) under this Act to
the same extent as a private person and shall be liable to the same
extent as a nonpublic party for interest to compensate for delay in
payment.
SEC. 8. ATTORNEYS' FEES.
In any action or administrative proceeding commenced pursuant to
this Act, the court or the Commission, in its discretion, may allow the
prevailing party, other than the United States, a reasonable attorney's
fee, including expert fees and other litigation expenses, and costs.
The United States shall be liable for the foregoing the same as a
private person.
SEC. 9. POSTING NOTICES.
A covered entity shall post notices for employees, and for
applicants for employment, describing the applicable provisions of this
Act in the manner prescribed by, and subject to the penalty provided
under, section 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
10).
SEC. 10. REGULATIONS.
The Commission shall have authority to issue regulations to carry
out this Act.
SEC. 11. RELATIONSHIP TO OTHER LAWS.
This Act shall not invalidate or limit the rights, remedies, or
procedures available to an individual under title VII of the Civil
Rights Act of 1964, or any other Federal law or any law of a State or
political subdivision of a State.
SEC. 12. SEVERABILITY.
If any provision of this Act, or the application of such provision
to any person or circumstance, is held to be invalid, the remainder of
this Act and the application of such provision to other persons or
circumstances shall not be affected thereby.
SEC. 13. EFFECTIVE DATE.
This Act shall take effect 60 days after the date of the enactment
of this Act and shall not apply to conduct occurring before such
effective date.
SEC. 14. DEFINITIONS.
As used in this Act:
(1) The term ``Commission'' means the Equal Employment
Opportunity Commission.
(2) The term ``covered entity'' means an employer,
employment agency, labor organization, joint labor management
committee, an entity to which section 717(a) of the Civil
Rights Act of 1964 (42 U.S.C. 2000e(a)) applies, an employing
authority to which section 302(a)(1) of the Government Employee
Rights Act of 1991 (2 U.S.C. 1202(a)(1)) applies, or an
employing authority to which section 201(a) of the
Congressional Accountability Act of 1995 (Public Law 104-1; 109
Stat. 3) applies.
(3) The term ``employer'' has the meaning given such term
in section 701(b) of the Civil Rights Act of 1964 (42 U.S.C.
2000e(b)), except that a reference in such section to employees
shall be deemed for purposes of this Act to be a reference to
full-time employees.
(4) The term ``employment agency'' has the meaning given
such term in section 701(c) of the Civil Rights Act of 1964 (42
U.S.C. 2000e(c)).
(5) The term ``employment or employment opportunities''
includes job application procedures, hiring, advancement,
discharge, compensation, job training, or any other term,
condition, or privilege of employment.
(6) The term ``labor organization'' has the meaning given
such term in section 701(d) of the Civil Rights Act of 1964 (42
U.S.C. 2000e(d)).
(7) The term ``person'' has the meaning given such term in
section 701(a) of the Civil Rights Act of 1964 (42 U.S.C.
2000e(a)).
(8) The term ``factors pertaining to job performance''
means--
(A) employment history, including referrals from
previous employers,
(B) ability and willingness to comply with the
performance requirements (including attendance and
procedures) of the particular employment involved,
(C) educational background,
(D) any use of a drug or of alcohol, that may
adversely affect job performance,
(E) any conviction of an offense for which a term
of imprisonment exceeding 1 year could have been
imposed,
(F) any conflict of interest relating to the
particular employment involved,
(G) seniority recognized under an applicable bona
fide seniority system,
(H) ability to work well with others (cooperation
and teamwork), and
(I) insubordination.
(9) The term ``religious organization'' means--
(A) a religious corporation, association, or
society, or
(B) a college, school, university, or other
educational institution, not otherwise a religious
organization, if--
(i) it is in whole or substantial part
controlled, managed, owned, or supported by a
religious corporation, association, or society,
or
(ii) its curriculum is directed toward the
propagation of a particular religion.
(10) The term ``State'' has the meaning given such term in
section 701(i) of the Civil Rights Act of 1964 (42 U.S.C.
2000e(i)). | Workplace Fairness Act of 1997 - Prohibits employment discrimination on any basis other than job performance by covered entities, including entities covered under specified employment discrimination prohibitions of the Civil Rights Act of 1964, as well as employing authorities to which specified provisions of the Government Employee Rights Act of 1991 or the Congressional Accountability Act of 1995 apply. Grants specified powers to administer and enforce this Act to the Equal Employment Opportunity Commission, the Librarian of Congress, the Board of Directors of the Office of Compliance (for the Congress), the Attorney General, and Federal courts.
Prohibits quotas. Declares that this Act does not apply to religious organizations (except in their for-profit activities). Disallows State immunity. Makes the United States liable for all remedies (except punitive damages) to the same extent as a private person. Allows recovery of attorney's fees. Requires posting notices for employees and applicants. Sets forth factors that pertain to job performance, including: (1) ability and willingness to comply with performance requirements (including attendance and procedures); (2) any use of a drug or of alcohol that may adversely affect job performance; (3) any conviction of an offense for which a term of imprisonment exceeding one year could have been imposed; and (4) the ability to work well with others. | {"src": "billsum_train", "title": "Workplace Fairness Act of 1997"} | 2,447 | 282 | 0.549616 | 1.810127 | 0.761109 | 3.111538 | 8.473077 | 0.873077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Budget
Accountability Act of 2014''.
SEC. 2. FISCAL YEAR FOR DISTRICT OF COLUMBIA.
Section 441(b) of the District of Columbia Home Rule Act (sec. 1-
204.41, D.C. Official Code) is amended to read as follows:
``(b) Authorization To Establish Fiscal Year by Act of Council.--
The District may change the fiscal year of the District by an Act of
the Council. If a change occurs, such fiscal year shall also constitute
the budget and accounting year.''.
SEC. 3. ENACTMENT OF DISTRICT OF COLUMBIA LOCAL BUDGET.
(a) In General.--Section 446 of the District of Columbia Home Rule
Act (sec. 1-204.46, D.C. Official Code) is amended to read as follows:
``enactment of local budget by district of columbia
``Sec. 446. (a) Adoption of Budgets and Supplements.--The Council,
within 70 calendar days after receipt of the budget proposal from the
Mayor, and after public hearing, shall by Act adopt the annual budget
for the District of Columbia government. Any supplements thereto shall
also be adopted by Act of the Council after public hearing.
``(b) Transmission to President During Control Years.--In the case
of a budget for a fiscal year which is a control year, the budget so
adopted shall be submitted by the Mayor to the President for
transmission by the President to the Congress, except that the Mayor
shall not transmit any such budget, or amendments or supplements
thereto, to the President until the completion of the budget procedures
contained in this Act and the District of Columbia Financial
Responsibility and Management Assistance Act of 1995.
``(c) Prohibiting Obligations and Expenditures Not Authorized Under
Budget.--Except as provided in section 445A(b), section 446B, section
467(d), section 471(c), section 472(d)(2), section 475(e)(2), section
483(d), and subsections (f), (g), (h)(3), and (i)(3) of section 490, no
amount may be obligated or expended by any officer or employee of the
District of Columbia government unless--
``(1) such amount has been approved by an Act of the
Council (and then only in accordance with such authorization)
and such Act has been transmitted by the Chairman to the
Congress and has completed the review process under section
602(c)(3); or
``(2) in the case of an amount obligated or expended during
a control year, such amount has been approved by an Act of
Congress (and then only in accordance with such authorization).
``(d) Restrictions on Reprogramming of Amounts.--After the adoption
of the annual budget for a fiscal year (beginning with the annual
budget for fiscal year 1995), no reprogramming of amounts in the budget
may occur unless the Mayor submits to the Council a request for such
reprogramming and the Council approves the request, but only if any
additional expenditures provided under such request for an activity are
offset by reductions in expenditures for another activity.
``(e) Definition.--In this part, the term `control year' has the
meaning given such term in section 305(4) of the District of Columbia
Financial Responsibility and Management Assistance Act of 1995.''.
(b) Conforming Amendments.--(1) Sections 467(d), 471(c), 472(d)(2),
475(e)(2), and 483(d), and subsections (f), (g)(3), (h)(3), and (i)(3)
of section 490 of such Act are each amended by striking ``The fourth
sentence of section 446'' and inserting ``Section 446(c)''.
(2) The third sentence of section 412(a) of such Act (sec. 1-
204.12(a), D.C. Official Code) is amended by inserting ``for a fiscal
year which is a control year described in such section'' after
``section 446 applies''.
(3) Section 202(c)(2) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995 (sec. 47-
392.02(c)(2), D.C. Official Code) is amended by striking ``the first
sentence of section 446'' and inserting ``section 446(a)''.
(4) Section 202(c)(4)(A)(ii) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995 (sec. 47-
392.02(c)(4)(A)(ii), D.C. Official Code) is amended by striking ``446''
and inserting ``446(b)''.
(5) Section 202(c)(5)(C)(ii) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995 (sec. 47-
392.02(c)(5)(C)(ii), D.C. Official Code) is amended by striking ``446''
and inserting ``446(b)''.
(6) Section 202(d)(3)(A) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995 (sec. 47-
392.02(d)(3)(A), D.C. Official Code) is amended by striking ``the first
sentence of section 446'' and inserting ``section 446(a)''.
(7) Section 11206 of the National Capital Revitalization and Self-
Government Improvement Act of 1997 (sec. 24-106, D.C. Official Code) is
amended by striking ``the fourth sentence of section 446'' and
inserting ``section 446(c)''.
(c) Clerical Amendment.--The item relating to section 446 in the
table of contents of such Act is amended to read as follows:
``Sec. 446. Enactment of local budget by District of Columbia.''.
SEC. 4. ACTION BY COUNCIL OF DISTRICT OF COLUMBIA ON LINE-ITEM VETOES
BY MAYOR OF PROVISIONS OF BUDGET ACTS.
Section 404(f) of the District of Columbia Home Rule Act (sec. 1-
204.04(f), D.C. Official Code) is amended by striking ``transmitted by
the Chairman to the President of the United States'' both places it
appears and inserting the following: ``incorporated in such Act''.
SEC. 5. PERMITTING EMPLOYEES TO BE HIRED IF POSITION AUTHORIZED BY ACT
OF THE COUNCIL.
Section 447 of the District of Columbia Home Rule Act (sec. 1-
204.47, D.C. Official Code) is amended--
(1) by striking ``Act of Congress'' each place it appears
and inserting ``act of the Council (or Act of Congress, in the
case of a year which is a control year)''; and
(2) by striking ``Acts of Congress'' and inserting ``acts
of the Council (or Acts of Congress, in the case of a year
which is a control year)''.
SEC. 6. OTHER CONFORMING AMENDMENTS TO HOME RULE ACT RELATING TO
CHANGES IN FEDERAL ROLE IN BUDGET PROCESS.
Section 603 of the District of Columbia Home Rule Act (sec. 1-
206.03, D.C. Official Code) is amended--
(1) in subsection (a), by inserting before the period at
the end the following: ``for a fiscal year which is a control
year''; and
(2) by striking subsection (d) and inserting the following:
``(d) Except as provided in subsection (f), the Council shall not
transmit an Act under section 446(a) which is not balanced according to
the provisions of subsection (c).''.
SEC. 7. CONGRESSIONAL REVIEW.
Section 602(c) of the District of Columbia Home Rule Act (sec. 1-
206.02, D.C. Official Code) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) In the case of any Act transmitted under the first sentence
of paragraph (1) to which section 446 applies and for which the fiscal
year involved is not a control year, such Act shall take effect upon
the expiration of the 30-calendar-day period beginning on the day such
Act is transmitted, or upon the date prescribed by such Act, whichever
is later, except as follows:
``(A) If such 30-day period expires and if either chamber
has not been in session for at least 5 calendar days during
such period, the effective date period applicable under this
paragraph shall be extended for 5 additional days.
``(B) If during the period described in subparagraph (A), a
joint resolution disapproving such Act has passed both Houses
of Congress and has been transmitted to the President, such
resolution, upon becoming law, subsequent to the expiration of
such period, shall be deemed to have repealed such Act, as of
the date such resolution becomes law. The provisions of section
604 shall apply with respect to any joint resolution
disapproving any Act pursuant to this subparagraph.''.
SEC. 8. CONFORMING AMENDMENTS RELATING TO FEDERALLY AUTHORIZED
ADJUSTMENTS TO LOCAL APPROPRIATIONS.
(a) Acceptance of Grants Not Included in Adopted Budget.--
(1) Authority to accept amounts.--Section 446B(a) of the
District of Columbia Home Rule Act (sec. 1-204.46B(a), D.C.
Official Code) is amended--
(A) by striking ``the fourth sentence of section
446'' and inserting ``section 446(c)''; and
(B) by striking ``approved by Act of Congress''.
(2) Reports to congress.--Section 446B(e) of such Act (sec.
1-204.46B(e), D.C. Official Code) is amended by striking
``submitted to the Council and to the'' and inserting
``submitted to the Council, the Committee on Oversight and
Government Reform of the House of Representatives, the
Committee on Homeland Security and Governmental Affairs of the
Senate, and the''.
(b) Authority To Increase Spending in Case of General Fund
Surplus.--Section 816 of the Financial Services and General Government
Appropriations Act, 2009 (sec. 47-369.01, D.C. Official Code), is
amended--
(1) by striking ``the amount appropriated to the District
of Columbia'' and inserting the following: ``the amount of
local funds under the budget of the District of Columbia''; and
(2) in paragraph (5), by striking ``the Mayor notifies''
and inserting the following: ``the Mayor notifies the Committee
on Oversight and Government Reform of the House of
Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, and''.
(c) Authority To Increase Spending in Case of Increased Revenue
Collections.--
(1) Authority to increase spending.--Section 817(a) of such
Act (sec. 47-369.02(a), D.C. Official Code) is amended--
(A) in the matter preceding paragraph (1), by
striking ``the amount appropriated as District of
Columbia funds'' and inserting the following: ``the
amount of local funds under the budget for the District
of Columbia'';
(B) in paragraph (1), by striking ``in the annual
Proposed Budget and Financial Plan submitted to
Congress by the District of Columbia'' and inserting
the following: ``in such budget (or, in the case of a
fiscal year which is a control year, as defined in
section 305(4) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995,
in the annual Proposed Budget and Financial Plan
submitted to Congress by the District of Columbia)'';
and
(C) in paragraph (2), by striking ``in such
Proposed Budget and Financial Plan'' and inserting ``in
such budget (or such Proposed Budget and Financial
Plan)''.
(2) Reports to congress.--Section 817(b)(4) of such Act
(sec. 47-369.02(b)(4), D.C. Official Code) is amended by
striking ``the Mayor has notified'' and inserting the
following: ``the Mayor has notified the Committee on Oversight
and Government Reform of the House of Representatives, the
Committee on Homeland Security and Governmental Affairs of the
Senate, and''.
SEC. 9. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to fiscal
year 2015 (as described in section 441(a) of the District of Columbia
Home Rule Act, as amended by section 2) and each succeeding fiscal
year. | District of Columbia Budget Accountability Act of 2014 - Amends the District of Columbia Home Rule Act to: (1) repeal the current fiscal years for the Armory Board and the District of Columbia Public Schools, and (2) authorize a change of D.C. fiscal year by an act of the D.C. Council. Repeals the requirement that the D.C. Council submit to the President for transmission to Congress the annual budget for the D.C. Government, except during a control year as defined by the District of Columbia Financial Responsibility and Management Assistance Act of 1995. Repeals the requirement that the D.C. Council Chairman transmit to the President any item or provision of an adopted budget which the Council has reenacted after a line-item veto by the Mayor. Repeals the requirement that hiring, assignment, and transfer by the Mayor of full-time or part-time employees be authorized by Act of Congress, except in a control year. Requires hiring, assignment, and transfer of employees to be authorized by Acts of the D.C. Council. Revises requirements for the effective dates of acts of the D.C. Council which take effect immediately because of emergency circumstances or which propose amendments to the District Charter. Revises the D.C. Council authority to increase spending in the case of a General Fund surplus or of increased revenue collections to replace congressional appropriations as the source of funds for such increases with local funds under the D.C. budget. | {"src": "billsum_train", "title": "District of Columbia Budget Accountability Act of 2014"} | 2,947 | 319 | 0.637649 | 1.753357 | 0.783132 | 2.314176 | 9.54023 | 0.835249 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alaska Wetlands Conservation Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) according to the United States Fish and Wildlife
Service, approximately 170,200,000 acres of wetlands existed in
Alaska in the 1780s and approximately 170,000,000 acres of
wetlands exist now, representing a loss of less than one-tenth
of 1 percent through human and natural processes;
(2) according to the United States Fish and Wildlife
Service more than 221,000,000 acres of wetlands existed at the
time of Colonial America in the area that is now the contiguous
United States and that 117,000,000 of those acres, roughly 53
percent, have been filled, drained, or otherwise removed from
wetland status;
(3) Alaska contains more wetlands than all of the other
States combined;
(4) 88 percent of Alaska's wetlands are publicly owned,
while only 26 percent of the wetlands in the 48 contiguous
States are publicly owned;
(5) approximately 98 percent of all Alaskan communities,
including 200 of the 209 remote villages in Alaska, are located
in or adjacent to wetlands;
(6) approximately 62 percent of all federally designated
wilderness lands, 70 percent of all Federal park lands, and 90
percent of all Federal refuge lands are located in Alaska, thus
providing protection against use or degradation to
approximately 60,000,000 acres of wetlands in Alaska;
(7) 104,000,000 acres of land were granted to the State of
Alaska at statehood for purposes of economic development;
(8) approximately 43,000,000 acres of land were granted to
Alaska Natives through regional and village corporations and
Native allotments for their use and between 45 percent and 100
percent of each Native corporation's land is categorized as
wetlands;
(9) development of basic community infrastructure in
Alaska, where approximately 75 percent of the nonmountainous
areas are wetlands, is often delayed and sometimes prevented by
the existing wetlands regulatory program, with minimal
identifiable environmental benefit;
(10) the 1899 Rivers and Harbors Act formerly regulated
disposition of dredge spoils in navigable waters, which did not
include wetlands, to keep navigable waters free of impairments;
(11) the 1972 Federal Water Pollution Control Act, more
commonly known as the Clean Water Act, formed the basis for a
broad expansion of Federal jurisdiction over wetlands by
modifying the definition of ``navigable waters'' to include all
``waters of the United States'';
(12) in 1975, a United States district court ordered
the Army Corps of Engineers to publish revised regulations concerning
the program to implement section 404 of the Clean Water Act, which
expanded the scope of the program to include the discharge of dredged
and fill material into wetlands;
(13) the wetlands regulatory program was expanded yet again
by regulatory action to include isolated wetlands (wetlands
that are not adjacent to navigable waters), and such an
expansion formed the basis for burdensome intrusions on the
property rights of Alaskans, Alaskan Native Corporations, and
the State of Alaska;
(14) expansion of the wetlands regulatory program in this
manner is beyond what the Congress intended when it passed the
Clean Water Act and has placed unnecessary economic and
administrative burdens on private property owners, small
businesses, city governments, State governments, farmers,
ranchers, and others, while providing negligible environmental
benefits;
(15) for Alaska, a State with substantial conserved
wetlands and less than 1 percent private, noncorporate land
ownership, the burdens of the current wetlands regulatory
program unnecessarily inhibit reasonable community growth and
environmentally benign resource development;
(16) Alaska villages, municipalities, boroughs, city
governments, and Native organizations are increasingly
frustrated with the constraints of the wetlands regulatory
program because it interferes with the location of community
centers, airports, sanitation systems, roads, schools,
industrial areas, and other critical community infrastructure;
(17) policies intended to achieve ``no net loss'' of
wetlands reflect a response to the 53 percent loss of the
wetlands base in the 48 contiguous States, and do not take into
account the large percentage of conserved wetlands in Alaska;
and
(18) individual landowners in Alaska have lost up to 97
percent of their property value and Alaskan communities have
lost a significant portion of their tax base due to wetlands
regulations.
SEC. 3. AMENDMENTS TO THE FEDERAL WATER POLLUTION CONTROL ACT.
(a) National Policy.--Section 101(a) of the Federal Water Pollution
Control Act (33 U.S.C. 1251(a)) is amended by--
(1) striking ``and'' at the end of paragraph (6);
(2) striking the period at the end of paragraph (7) and
inserting in lieu thereof a semicolon; and
(3) adding at the end the following new paragraphs:
``(8) it is the national policy to (A) achieve a balance
between wetlands conservation and adverse economic impacts on
local, regional, and private economic interests, and (B)
eliminate the regulatory taking of private property by the
regulatory program authorized under section 404;
``(9) it is the national policy to encourage localized
wetlands planning (without mandating such planning and by
providing funds to facilitate such planning), and to allow
greater flexibility for the issuance of wetlands permits in
States with substantial conserved wetlands; and
``(10) it is the national policy that compensatory
mitigation under section 404 for the development of wetlands in
a State with substantial conserved wetlands shall not be
required, requested, or otherwise utilized to offset impacts to
such wetlands.''.
(b) Discharge Permits.--Section 404(b) of the Federal Water
Pollution Control Act (33 U.S.C. 1344(b)) is amended by inserting after
the period at the end the following new sentence: ``Notwithstanding the
preceding sentence, such guidelines with respect to disposal sites in
any State with substantial conserved wetlands--
``(A) shall not require mitigation to compensate for
wetlands loss and adverse impacts to wetlands;
``(B) may include reasonable requirements for the
minimization of adverse impacts to wetlands; and
``(C) may include reasonable requirements for the avoidance
of impacts, but may not require the permit applicant to
establish that alternative sites do not exist.''.
(c) General Permits.--Section 404(e) of the Federal Water Pollution
Control Act (33 U.S.C. 1344(e)) is amended by inserting at the end the
following new paragraph:
``(3) Notwithstanding the requirements of paragraphs (1)
and (2), at the request of a State with substantial conserved
wetlands, the Secretary shall issue a general permit on a
Statewide basis for any category of activities in such State.
Any such permit shall apply to the discharge of dredged or fill
material into disposal sites that are up to, at a minimum, 10
acres in size, and may not contain guidelines for disposal
sites that are more stringent than the guidelines for such
sites in that State under subsection (b).''.
(d) Nonprohibited Discharges.--Section 404(f)(1) of the Federal
Water Pollution Control Act (33 U.S.C. 1344(f)(1)) is amended by--
(1) striking the comma at the end of subparagraph (F) and
inserting in lieu thereof a semicolon; and
(2) adding at the end the following new subparagraph:
``(G) in a State with substantial conserved
wetlands--
``(i) associated with airport safety
(ground and air);
``(ii) for the construction and maintenance
of log transfer facilities relating to log
transportation activities;
``(iii) for the construction of tailings
impoundments utilized for treatment facilities
(as determined by the development document) for
the mining subcategory for which the tailings
impoundments are constructed; and
``(iv) for the construction of ice pads and
ice roads and for the purposes of snow storage
and removal,''.
(e) Definitions.--Section 404 of the Federal Water Pollution
Control Act (33 U.S.C. 1344), as amended, is amended further by adding
at the end the following new subsections:
``(u) Definitions.--For purposes of this section--
``(1) the term `conserved wetlands' means wetlands that are
located in the National Park System, National Wildlife Refuge
System, National Wilderness System, the Wild and Scenic River
System, and other similar Federal conservation systems, as well
as wetlands located in comparable types of conservation systems
established under State or local authority;
``(2) the term `economic base lands' means lands conveyed
to, selected by, or owned by Alaska Native entities pursuant to
the Alaska Native Claims Settlement Act Public Law 92-203), as
amended, or the Alaska Native Allotment Act of 1906 (34 Stat.
197), as amended, and lands conveyed to, selected by, or owned
by, the State of Alaska pursuant to the Alaska Statehood Act
(Public Law 85-508), as amended; and
``(3) the term `State with substantial conserved wetlands'
means any State which--
``(A) contains at least 15 acres of conserved
wetlands for each acre of wetlands filled, drained, or
otherwise converted within such State (based upon
wetlands loss statistics reported in the 1990 United
States Fish and Wildlife Service Wetlands Trends report
to Congress entitled `Wetlands Losses in the
United States 1780's to 1980's'); or
``(B) the Secretary of the Army determines has
sufficient conserved wetlands to provide adequate
wetlands conservation in such State, based on the
policies set forth in this Act.
``(v) Alaska Native and State of Alaska Land Exceptions.--
``(1)(A) Notwithstanding subsections (a) or (b), upon
application by the holder of economic base lands, the Secretary
shall issue a permit for the discharge of dredged or fill
material into the navigable waters at a disposal site on such
lands if such discharge complies with reasonable guidelines
established by the Secretary under this subsection. The
guidelines established by the Secretary under this subsection
may be no more stringent than the guidelines established under
subsection (b) for disposal sites in a State with substantial
conserved wetlands, and must take into consideration the
requirements of subparagraph (B).
``(B) In considering the requirements otherwise applicable
under subsections (a) and (b) for use in guidelines applicable
to permits issued under this paragraph, the Secretary shall--
``(i) balance the standards and policies of this
Act against the obligations of the United States to
allow economic base lands to be beneficially used to
create and sustain economic activity;
``(ii) with respect to Alaska Native lands, give
substantial weight to the social and economic needs of
Alaska Natives; and
``(iii) consider the abundance and value of
conserved wetlands in the State in which such economic
base lands are found.
``(2) The Secretary shall issue general permits under
subsection (e)(1) for categories of activities on economic base
lands relating to the development of rural Alaska community
infrastructure (including water and sewer systems, airports,
roads, communication sites, fuel storage sites, landfills,
housing, hospitals, medical clinics, and schools) without
determining whether or not such activities will cause only
minimal adverse environmental effects when performed
separately, or whether or not such activities will have only
minimal cumulative adverse effects on the environment.
``(3) The Secretary shall consult with and provide
assistance to Alaska Natives (including Alaska Native
Corporations) and the State of Alaska regarding promulgation
and administration of policies and regulations under this
section.''. | Alaska Wetlands Conservation Act - Amends the Federal Water Pollution Control Act to provide that specified guidelines for disposal sites for the discharge of dredged and fill material into navigable waters for States with substantial conserved wetlands areas: (1) shall not require mitigation to compensate for wetlands loss and adverse impacts to wetlands; (2) may include requirements for minimization of such adverse impacts; and (3) may include requirements for avoidance of impacts but may not require the permit applicant to establish that upland alternative sites do not exist.
Directs the Secretary of the Army, at the request of a State with substantial conserved wetlands areas, to issue a general permit for such State which applies to the discharge of dredged or fill material into disposal sites of at least ten acres, and may not contain guidelines for disposal sites that are more stringent than the guidelines described above.
Includes as a nonprohibited discharge of dredged or fill material in a State with substantial conserved wetlands any discharge: (1) associated with airport safety; (2) for the construction and maintenance of log transfer facilities; (3) for the construction of tailings impoundments utilized for treatment facilities; and (4) for construction of ice pads and ice roads and for snow storage and removal purposes.
Requires the Secretary to issue a permit for the discharge of dredged or fill material into the navigable waters at a disposal site if such discharge complies with reasonable guidelines established by the Secretary.
Directs the Secretary, for permits issued for economic base lands (specified lands conveyed to or owned by Alaska Native entities or the State of Alaska), to: (1) balance the standards and policies of this Act against U.S. obligations to allow such lands to be used to create and sustain economic activity; (2) give substantial weight to the social and economic needs of Alaska Natives; and (3) consider the abundance and value of conserved wetlands in the State in which such economic base lands are found.
Directs the Secretary to issue general permits for categories of activities on economic base lands relating to the development of rural Alaskan community infrastructure without determining whether such activities will: (1) cause only minimal adverse environmental effects when performed separately; or (2) have only minimal cumulative adverse effects on the environment. | {"src": "billsum_train", "title": "Alaska Wetlands Conservation Act"} | 2,592 | 481 | 0.511712 | 1.722012 | 0.699834 | 4.599542 | 5.501144 | 0.961098 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Orderly and Responsible
Transit of Shipments Act of 2015'' or the ``PORTS Act''.
SEC. 2. ADDRESSING PORT SLOWDOWNS, STRIKES, AND LOCK-OUTS.
(a) National Emergencies.--Section 206 of the Labor Management
Relations Act, 1947 (29 U.S.C. 176) is amended--
(1) in the first sentence--
(A) by striking ``Whenever in the opinion'' and
inserting ``(a) Whenever in the opinion'';
(B) by striking ``a threatened or actual strike or
lock-out'' and inserting ``a slowdown, or a threatened
or an actual strike or lock-out,'';
(C) by striking ``he may appoint'' and inserting
``the President may appoint''; and
(D) by striking ``to him within such time as he
shall prescribe'' and inserting ``to the President
within such time as the President shall prescribe and
in accordance with the third sentence of this
subsection'';
(2) in the third sentence, by striking ``The President''
and inserting ``Not later than 30 days after appointing the
board of inquiry, the President''; and
(3) by adding at the end the following:
``(b)(1) Whenever in the opinion of any Governor of a State or
territory of the United States, a slowdown, or a threatened or an
actual strike or lock-out, occurring at 1 or more ports in the United
States, is affecting an entire industry or a substantial part thereof
engaged in trade, commerce, transportation, transmission, or
communication among the several States or with foreign nations, or
engaged in the production of goods for commerce, will, if permitted to
occur or to continue, imperil national or State health or safety, the
Governor may request the President to appoint a board of inquiry under
subsection (a).
``(2)(A) If the President does not appoint a board of inquiry
within 10 days of receiving a request under paragraph (1), the Governor
who made the request under such paragraph may appoint a board of
inquiry to inquire into the issues involved in the dispute and prepare
and submit, to the Governor and the President, a written report as
described in subparagraph (B) within such time as the Governor shall
prescribe and in accordance with the deadline under subparagraph (C).
``(B) The report described in this subparagraph shall include a
statement of the facts with respect to the dispute, including a
statement from each party to the dispute describing the position of
such party, but shall not contain any recommendations.
``(C) Not later than 30 days after appointing a board of inquiry
under subparagraph (A), the Governor shall--
``(i) file a copy of the report described in subparagraph
(B) with the Service; and
``(ii) make the contents of such report available to the
President and the public.
``(c) Any Governor of a State or territory of the United States
(referred to in this subsection as the `supplementing Governor') may
submit to the President or Governor who appointed a board of inquiry
under subsection (a) or (b) a supplement to the report under such
subsection that includes data pertaining to the impact on the State or
territory of the supplementing Governor of a slowdown, or a threatened
or an actual strike or lock-out, at 1 or more ports. Upon receiving
such supplement, the President or Governor shall file such supplement
with the Service and make the contents of such supplement available to
the public.
``(d) For each slowdown, or threatened or actual strike or lock-
out, at 1 or more ports, only 1 board of inquiry may be appointed under
subsection (a) or (b)(2) during any 90-day period.''.
(b) Boards of Inquiry.--Section 207(a) of the Labor Management
Relations Act, 1947 (29 U.S.C. 177) is amended by striking ``as the
President shall determine,'' and inserting ``as the President shall
determine for a board of inquiry appointed under section 206(a), or as
the Governor shall determine for a board of inquiry appointed by such
Governor under section 206(b)(2),''.
(c) Injunctions During National Emergencies.--Section 208 of the
Labor Management Relations Act, 1947 (29 U.S.C. 178) is amended--
(1) in subsection (a)--
(A) in the matter preceding clause (i)--
(i) by inserting ``appointed under
subsection (a) or (b)(2) of section 206'' after
``board of inquiry'';
(ii) by striking ``strike or lock-out or
the continuing thereof'' and inserting
``slowdown, or threatened or actual strike or
lock-out, or the continuing thereof''; and
(iii) by striking ``such threatened or
actual strike or lock-out'' and inserting
``such slowdown, or threatened or actual strike
or lock-out, or the continuing thereof''; and
(B) in clause (ii), by striking ``strike or lock-
out or the continuing thereof'' and inserting
``slowdown, strike, or lock-out, or the continuing
thereof'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(3) by inserting after subsection (a) the following:
``(b)(1) If a slowdown, or a threatened or an actual strike or
lock-out, is occurring at 1 or more ports and the President does not
direct the Attorney General to make a petition under subsection (a)
within 10 days of receiving a report from a board of inquiry appointed
under subsection (a) or (b)(2) of section 206, any Governor of a State
or territory of the United States in which such port or ports are
located may direct the attorney general of such State or territory to
petition the district court of the United States having jurisdiction in
such State or territory to enjoin such slowdown, or threatened or
actual strike or lock-out, or the continuing thereof, at the port or
ports within such State or territory.
``(2) The district court described in paragraph (1) shall have
jurisdiction to enjoin any slowdown, threatened or actual strike or
lock-out, or continuing thereof, and to make such other orders as may
be appropriate, if such court determines that such slowdown or
threatened or actual strike or lock-out--
``(A) affects an entire industry or a substantial part
thereof engaged in trade, commerce, transportation,
transmission, or communication within the applicable State or
territory, or engaged in the production of goods for commerce;
and
``(B) if permitted to occur or to continue, will imperil
national or State health and safety.''.
(d) Reconvening of Boards of Inquiry; NLRB Secret Ballots.--Section
209(b) of the Labor Management Relations Act, 1947 (29 U.S.C. 179(b))
is amended--
(1) in the first sentence, by striking ``Upon the issuance
of such order, the President'' and inserting ``(1) Upon the
issuance of any such order, the President or the Governor, as
the case may be,'';
(2) in the second sentence, by striking ``report to the
President'' and inserting ``report to the President and any
Governor who initiated an action under section 206(b) or
208(b)'';
(3) in the third sentence, by striking ``The President''
and inserting ``The President or the Governor, as the case may
be,'';
(4) in the fourth sentence--
(A) by striking ``The National Labor Relations
Board, within the succeeding fifteen days, shall take a
secret ballot'' and inserting the following:
``(2) Not later than 15 days after the board of inquiry submits a
report under paragraph (1), the National Labor Relations Board, subject
to paragraph (3), shall take a secret ballot'';
(B) by striking ``as stated by him'' and inserting
``as stated by the employer''; and
(C) by striking ``Attorney General'' and inserting
``Attorney General or State attorney general, whichever
sought the injunction,''; and
(5) by adding at the end the following:
``(3) For each slowdown, or threatened or actual strike or lock-
out, at 1 or more ports, the National Labor Relations Board shall take
not more than 1 secret ballot in any 30-day period for the same
employees.''.
(e) Discharge of Injunctions.--Section 210 of the Labor Management
Relations Act, 1947 (29 U.S.C. 180) is amended--
(1) in the first sentence, by striking ``the Attorney
General'' and inserting ``the Attorney General, or the State
attorney general, whichever sought the injunction,''; and
(2) in the second sentence, by striking ``the President''
and inserting ``the President, or any Governor who initiated an
action under section 208(b),''. | Protecting Orderly and Responsible Transit of Shipments Act of 2015 or the PORTS Act This bill amends the Labor Management Relations Act, 1947 to extend to labor slowdowns occurring at U.S. ports the President's authority to appoint a board of inquiry into the issues involved. State and territorial governors shall have authority to request the President to appoint a board of inquiry if a slowdown, or a threatened or an actual strike or lock-out, occurring at one or more U.S. ports will, if continued, imperil national or state health or safety. If the President does not appoint a board of inquiry within 10 days after receiving a request, the governor who made the request may appoint one to report on the dispute to the governor and the President, although without recommendations. Supplemental reports are also authorized. Boards of inquiry are limited to one that may appointed for each dispute during a 90-day period. Governors may also petition for injunctions against such labor or management actions affecting ports in their states or territories. The National Labor Relations Board, for each dispute, shall take not more than one secret ballot for the same employees in any 30-day period. | {"src": "billsum_train", "title": "PORTS Act"} | 2,106 | 265 | 0.702385 | 2.172505 | 0.830633 | 4.095023 | 8.78733 | 0.864253 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Efficiency and Conservation
Incentives Act of 2001''.
SEC. 2. ALLOWANCE OF DEDUCTION FOR QUALIFIED ENERGY MANAGEMENT DEVICES
AND RETROFITTED QUALIFIED METERS.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to itemized deductions for
individuals and corporations) is amended by inserting after section
179A the following new section:
``SEC. 179B. DEDUCTION FOR QUALIFIED ENERGY MANAGEMENT DEVICES AND
RETROFITTED METERS.
``(a) Allowance of Deduction.--There shall be allowed as a
deduction--
``(1) an amount equal to $30 for each qualified energy
management device originally placed in service during the
taxable year, and
``(2) for each qualified retrofitted meter originally
placed in service during the taxable year, an amount equal to
the lesser of--
``(A) $30, or
``(B) the adjusted basis of such meter.
``(b) Definitions.--
``(1) Qualified energy management device.--For purposes of
this section, the term `qualified energy management device'
means any meter or metering device acquired and used by an
electric energy or natural gas supplier or service provider to
enable consumers or others to manage their purchase, sale, or
use of electricity or natural gas in response to energy price
and usage signals.
``(2) Qualified retrofitted meter.--For purposes of this
section, the term `qualified retrofitted meter' means an
electric energy or natural gas meter or metering device that
has been modified by the addition of equipment designed to
enable users to manage the purchase, sale, or use of
electricity and natural gas in response to energy price and
usage signals.
``(3) Placed in service.--For purposes of this section, the
term `placed in service' means interconnected with other
devices in a manner that permits reading of energy price and
usage signals on at least a daily basis.
``(4) Cost of meters includes cost of installation.--The
cost of any qualified energy management device or qualified
retrofitted meter referred to in paragraph (1) or (2) shall
include the cost of the original installation of such property.
``(c) Devices Installed Outside the United States Not Qualified.--
No deduction shall be allowed under subsection (a) with respect to any
qualified energy management device or qualified retrofitted meter
placed in service outside the United States.
``(d) Basis Reduction.--
``(1) In general.--For purposes of this title, the basis of
any property shall be reduced by the amount of the deduction
with respect to such property which is allowed by subsection
(a).
``(2) Ordinary income recapture.--For purposes of section
1245, the amount of the deduction allowable under subsection
(a) with respect to any property that is of a character subject
to the allowance for depreciation shall be treated as a
deduction allowed for depreciation under section 167.''.
(b) Conforming Amendments.--
(1) Section 263(a)(1) of such Code is amended by striking
``or'' at the end of subparagraph (G), by striking the period
at the end of subparagraph (H) and inserting ``, or'', and by
inserting after subparagraph (H) the following new
subparagraph:
``(I) expenditures for which a deduction is allowed
under section 179B.''.
(2) Section 312(k)(3)(B) of such Code is amended by
striking ``or 179A'' each place it appears in the heading and
text and inserting ``, 179A, or 179B''.
(3) Section 1016(a) of such Code is amended by striking
``and'' at the end of paragraph (26), by striking the period at
the end of paragraph (27) and inserting ``, and'', and by
inserting after paragraph (27) the following new paragraph:
``(28) to the extent provided in section 179B(d)(1),''.
(4) Section 1245(a) of such Code is amended by inserting
``179B,'' after ``179A,'' both places it appears in paragraphs
(2)(C) and (3)(C).
(5) The table of contents for subpart B of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 179A the following new item:
``Sec. 179B. Deduction for qualified
energy management devices and
retrofitted meters.''.
(c) Effective Date.--The amendments made by this section shall
apply to qualified energy management devices placed in service after
the date of the enactment of this Act and to qualified retrofitted
meters that are placed in service after, or that are in use as of, the
date of the enactment of this Act.
SEC. 3. 3-YEAR APPLICABLE RECOVERY PERIOD FOR DEPRECIATION OF QUALIFIED
ENERGY MANAGEMENT DEVICES.
(a) In General.--Subparagraph (A) of section 168(e)(3) of the
Internal Revenue Code of 1986 (relating to classification of property)
is amended by striking ``and'' at the end of clause (ii), by striking
the period at the end of clause (iii) and inserting ``, and'', and by
adding at the end the following new clause:
``(iv) any qualified energy management
device.''.
(b) Definition of Qualified Energy Management Device.--Section
168(i) of such Code (relating to definitions and special rules) is
amended by inserting at the end the following new paragraph:
``(15) Qualified energy management device.--The term
`qualified energy management device' means a meter or metering
device that is acquired and used by an electric energy or
natural gas supplier or service provider to enable consumers
and others to manage their purchase, sale, and use of
electricity or natural gas in response to energy price and
usage signals that are readable on at least a daily basis. For
purposes of the preceding sentence, the cost of any qualified
energy management device shall (at the election of the
taxpayer) include the cost of the original installation of such
property.''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2000. | Energy Efficiency and Conservation Incentives Act of 2001 - Amends the Internal Revenue Code to allow as a deduction: (1) an amount equal to $30 for each qualified energy management device originally placed in service during the taxable year; and (2) for each qualified retrofitted meter originally placed in service during the taxable year, an amount equal to the lesser of $30 or the adjusted basis of such meter. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a credit against tax for qualified energy management devices, and for other purposes."} | 1,494 | 86 | 0.671146 | 1.616563 | 1.058735 | 7.063291 | 16.392405 | 0.962025 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Presidential Commission on TV
Violence and Children Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the United States is continuing to experience
widespread increases in violence and violent crime which
threaten the well-being of our society;
(2) graphic and gratuitous violence continue to be a
widespread and integral part of television programming;
(3) an extensive, 20-year body of research exists
indicating a causal relationship between violence on television
and violence in society; and
(4) there is a need to find solutions that limit the
harmful influence of television violence and yet maintain our
freedom of expression.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the ``Presidential
Commission on TV Violence and Children'' (in this Act referred to as
the ``Commission'').
SEC. 4. DUTIES OF COMMISSION.
The Commission shall--
(1) review and report on findings linking television
violence and violence in children and society;
(2) solicit opinions from children and their parents on
their views concerning television violence and their
suggestions for lessening its negative effects;
(3) solicit opinions from public health, crime, and
education experts; and broadcast, cable, film and advertising
industry of television violence and their recommendations for
lessening its negative effects; and
(4) present a final report and recommendations for
comprehensive strategies and solutions to alleviate harmful
effects of television violence that continue to preserve our
tradition of free expression.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of--
(1) the Surgeon General;
(2) the Attorney General; and
(3) 26 members appointed by the President as follows:
(A) 12 shall be individuals from the following
groups: broadcast television networks and their local
affiliates; independent television stations; cable
industry; film studios; writers and producers of
television shows and film; and major advertisers.
(B) 8 shall be individuals from the following
groups: parents and children; parents organizations;
and leaders of community and religious groups.
(C) 6 shall be individuals from the following
groups: public health experts who study television
violence; crime prevention experts who study television
violence; and education experts who study television
violence.
(b) Terms.--
(1) In general.--Each member shall be appointed for the
life of the Commission.
(2) Vacancies.--Any member appointed to fill a vacancy
occurring before the expiration of the term for which the
member's predecessor was appointed shall be appointed only for
the remainder of that term. A member may serve after the
expiration of that member's term until a successor has taken
office. A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
(c) Pay Prohibited.--
(1) Rates of pay.--Except as provided in paragraph (2),
members of the Commission shall serve without pay.
(2) Prohibition of compensation of federal employees.--
Members of the Commission who are full-time officers or
employees of the United States or Members of Congress may not
receive additional pay, allowances, or benefits by reason of
their service on the Commission.
(d) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(e) Quorum.--A majority of the members of the Commission shall
constitute a quorum but a lesser number may hold hearings.
(f) Chairperson; Vice Chairperson.--The Surgeon General shall serve
as chairperson and the Attorney General shall serve as vice chairperson
of the Commission.
(g) Meetings.--The Commission shall meet at the call of the
chairperson.
SEC. 6. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
(a) Director.--The Commission shall, without regard to section
5311(b) of title 5, United States Code, have a Director who shall be
appointed by the Commission. The Director shall be paid at the maximum
rate of basic pay payable for GS-13 of the General Schedule.
(b) Staff.--The Commission may appoint and fix the pay of
additional personnel as it considers appropriate.
(c) Applicability of Certain Civil Service Laws.--The staff of the
Commission shall be appointed subject to the provisions of title 5,
United States Code, governing appointments in the competitive service,
and shall be paid in accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to classification
and General Schedule pay rates.
(d) Staff of Federal Agencies.--Upon request of the Chairperson,
the head of any Federal department or agency may detail, on a
reimbursable basis, any of the personnel of that department or agency
to the Commission to assist it in carrying out its duties under this
Act.
SEC. 7. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the
Chairperson or Vice Chairperson of the Commission, the head of that
department or agency shall furnish that information to the Commission.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
SEC. 8. REPORTS.
The Commission shall transmit a final report to the President and
the Congress not later than one year from the date the Commission
members are appointed. The final report shall contain a detailed
statement of the findings and conclusions of the Commission, together
with its recommendations for such legislative, administrative, and
voluntary actions on the part of appropriate industry as the Commission
considers appropriate to alleviate the harmful effects of television
violence.
SEC. 9. TERMINATION.
The Commission shall terminate 6 months after submitting its final
report pursuant to section 8.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $1,000,000 to carry out this
Act.
SEC. 11. BUDGET ACT COMPLIANCE.
Any spending authority (as defined in subparagraphs (A) and (C) of
section 401(c)(2) of the Congressional Budget Act of 1974 (2 U.S.C.
651(c)(2)(A) and (C))) authorized by this Act shall be effective only
to such extent and in such amounts as are provided in appropriation
Acts. | Presidential Commission on TV Violence and Children Act - Establishes a Presidential Commission on TV Violence and Children.
Directs the Commission to: (1) review and report on findings linking television (TV) violence and violence in children and society; (2) solicit opinions from children and their parents on their views concerning TV violence and their suggestions for lessening its negative effects; (3) solicit opinions from public health, crime, and education experts, and the broadcast, cable, film, and advertising industries of TV violence and their recommendations for lessening its negative effects; and (4) present a final report and recommendations for comprehensive strategies and solutions to alleviate harmful effects of TV violence that continue to preserve our tradition of free expression.
Authorizes appropriations. | {"src": "billsum_train", "title": "Presidential Commission on TV Violence and Children Act"} | 1,588 | 152 | 0.763827 | 2.245253 | 0.767856 | 6.006849 | 10.041096 | 0.965753 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Albuquerque Indian School Land
Transfer Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) 19 pueblos.--The term ``19 Pueblos'' means the New
Mexico Indian Pueblos of--
(A) Acoma;
(B) Cochiti;
(C) Isleta;
(D) Jemez;
(E) Laguna;
(F) Nambe;
(G) Ohkay Owingeh (San Juan);
(H) Picuris;
(I) Pojoaque;
(J) San Felipe;
(K) San Ildefonso;
(L) Sandia;
(M) Santa Ana;
(N) Santa Clara;
(O) Santo Domingo;
(P) Taos;
(Q) Tesuque;
(R) Zia; and
(S) Zuni.
(2) Map.--The term ``map'' means the map entitled ``The
Town of Albuquerque Grant, Bernalillo County, within Township
10 North, Range 3 East, of the New Mexico Principal Meridian,
New Mexico--Metes and Bounds Survey'' and dated August 12,
2011.
(3) Secretary.--The term ``Secretary'' means Secretary of
the Interior.
SEC. 3. LAND TAKEN INTO TRUST FOR BENEFIT OF 19 PUEBLOS.
(a) Action by Secretary.--
(1) In general.--The Secretary shall take into trust all
right, title, and interest of the United States in and to the
Federal land described in subsection (b) for the benefit of the
19 Pueblos immediately after the Secretary determines that the
requirements of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) have been satisfied regarding the
trust acquisition of the Federal land.
(2) Administration.--The Secretary shall--
(A) take such action as the Secretary determines to
be necessary to document the transfer under paragraph
(1); and
(B) appropriately assign each applicable private
and municipal utility and service right or agreement.
(b) Description of Land.--The Federal land referred to in
subsection (a)(1) is the 4 tracts of Federal land, the combined acreage
of which is approximately 11.11 acres, that were historically part of
the Albuquerque Indian School, more particularly described as follows:
(1) Abandoned indian school road.--The approximately 0.83
acres located in sec. 7 and sec. 8 of T. 10 N., R. 3 E., of the
New Mexico Principal Meridian in Albuquerque, New Mexico, as
identified on the map.
(2) Southern part tract d.--The approximately 6.18 acres
located in sec. 7 of T. 10 N., R. 3 E., of the New Mexico
Principal Meridian in Albuquerque, New Mexico, as identified on
the map.
(3) Tract 1.--The approximately 0.41 acres located in sec.
7 of T. 10 N., R. 3 E., of the New Mexico Principal Meridian in
Albuquerque, New Mexico, as identified on the map.
(4) Western part tract b.--The approximately 3.69 acres
located in sec. 7 of T. 10 N., R. 3 E., of the New Mexico
Principal Meridian in Albuquerque, New Mexico, as identified on
the map.
(c) Survey.--The Secretary shall conduct a survey of the Federal
land to be transferred consistent with subsection (b) and may make
minor corrections to the survey and legal description of the Federal
land described in subsection (b) as the Secretary determines to be
necessary to correct clerical, typographical, and surveying errors.
(d) Use of Land.--The Federal land taken into trust under
subsection (a) shall be used for the educational, health, cultural,
business, and economic development of the 19 Pueblos.
(e) Limitations and Conditions.--The Federal land taken into trust
under subsection (a) shall remain subject to any private or municipal
encumbrance, right-of-way, restriction, easement of record, or utility
service agreement in effect on the date of enactment of this Act.
(f) Bureau of Indian Affairs Use.--
(1) In general.--The 19 Pueblos shall allow the Bureau of
Indian Affairs to continue to use the land taken into trust
under subsection (a) for the facilities and purposes as in
existence on the date of enactment of this Act, in accordance
with paragraph (2).
(2) Requirements.--The use by the Bureau of Indian Affairs
under paragraph (1) shall--
(A) be free of any rental charge; and
(B) continue until such time as the Secretary
determines there is no further need for the existing
Bureau of Indian Affairs facilities.
SEC. 4. EFFECT OF OTHER LAWS.
(a) In General.--Subject to subsection (b), Federal land taken into
trust under section 3(a) shall be subject to Federal laws relating to
Indian land.
(b) Gaming.--No class I gaming, class II gaming, or class III
gaming (as defined in section 4 of the Indian Gaming Regulatory Act (25
U.S.C. 2703)) shall be carried out on the Federal land taken into trust
under section 3(a). | . Albuquerque Indian School Land Transfer Act (Sec. 3) Directs the Department of the Interior to take into trust 4 tracts of federal land in New Mexico, the combined acreage of which is approximately 11.11 acres, that were historically part of the Albuquerque Indian School for the benefit of 19 specified pueblos immediately after the requirements of the National Environmental Policy Act of 1969 have been satisfied regarding the trust acquisition of such federal land. Requires the federal lands taken into trust to: be used for the educational, health, cultural, business, and economic development of the 19 pueblos; and remain subject to any private or municipal encumbrance, right-of-way, restriction, easement of record, or utility service agreement in effect on this Act's enactment date. Requires the 19 pueblos to allow the Bureau of Indian Affairs to continue to use the federal lands taken into trust for the facilities and purposes in existence on this Act's enactment date. (Sec. 4) Prohibits gaming on the federal lands taken into trust under this Act. | {"src": "billsum_train", "title": "Albuquerque Indian School Land Transfer Act"} | 1,200 | 251 | 0.591151 | 1.85851 | 0.840718 | 5.455882 | 5.102941 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Education Tax Credit
Act''.
SEC. 2. CREDIT FOR EDUCATION EXPENSES OF STUDENTS RECEIVING OR ELIGIBLE
TO RECEIVE FREE OR REDUCED PRICE SCHOOL MEALS.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 35 as section 36 and by inserting
after section 34 the following new section:
``SEC. 35. EDUCATION EXPENSES OF STUDENTS RECEIVING OR ELIGIBLE TO
RECEIVE FREE OR REDUCED PRICE SCHOOL MEALS.
``(a) General Rule.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this subtitle for the
taxable year the amount of the qualified education expenses paid by the
taxpayer during the taxable year for the education of any individual--
``(1) with respect to whom the taxpayer is allowed a
deduction under section 151(c), and
``(2) who receives (or is eligible to receive) free or
reduced price meals under the Richard B. Russell National
School Lunch Act or the Child Nutrition Act of 1966 for the
period to which such expenses relate.
``(b) Limitation.--The amount allowed as a credit under subsection
(a) for any taxable year with respect to the qualified education
expenses of any 1 individual shall not exceed $1,500.
``(c) Definitions.--For purposes of this section--
``(1) Qualified education expenses.--
``(A) In general.--The term `qualified education
expenses' means amounts paid for--
``(i) tuition and fees required for the
enrollment or attendance of a student at an
eligible educational institution, and
``(ii) fees, tutoring, books, supplies,
computer equipment (including related software
and services) and other equipment required for
courses of instruction at an eligible
educational institution.
``(B) Meals and lodging expenses not included.--
Such term does not include any amount paid, directly or
indirectly, for meals, lodging, or similar personal,
living, or family expenses. In the event an amount paid
for tuition or fees includes an amount for meals,
lodging, or similar expenses which is not separately
stated, the portion of such amount which is
attributable to meals, lodging, or similar expenses
shall be determined under regulations prescribed by the
Secretary.
``(C) Special rule for home schooling.--In the case
of education furnished in the home (as a substitute for
public education) which meets the requirements of State
law relating to compulsory school attendance, the term
`qualified education expenses' means amounts paid for
tutoring, books, supplies, computer equipment
(including related software and services), and other
equipment used in furnishing such education.
``(2) Eligible educational institution.--The term `eligible
educational institution' means--
``(A) a secondary school,
``(B) an elementary school, or
``(C) any private, parochial, religious, or home
school organized for the purpose of providing
elementary or secondary education, or both.
``(3) Elementary and secondary schools.--The terms
`elementary school' and `secondary school' have the respective
meanings given such terms by section 14101 of the Elementary
and Secondary Education Act of 1965.
``(d) Adjustment for Certain Scholarships.--The amounts otherwise
taken into account under subsection (a) as qualified education expenses
of any individual during any period shall be reduced (before the
application of subsection (b)) by the sum of the amounts received with
respect to such individual for the taxable year as a qualified
scholarship which under section 117 is not includable in gross income.
``(e) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the provisions of this section.''
(b) Technical Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by striking ``or'' after ``1978,'' and
by inserting before the period ``, or enacted by the Children's
Education Tax Credit Act''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of such Code is amended by striking
the last item and inserting the following new items:
``Sec. 35. Education expenses of students
receiving or eligible to
receive free or reduced price
school meals.
``Sec. 36. Overpayments of tax.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Children's Education Tax Credit Act - Amends the Internal Revenue Code to establish a tax credit (up to $1,500 per student) for the qualified educational expenses paid by a taxpayer on behalf of a dependent individual who receives or is eligible to receive free or reduced price school meals.Defines "eligible educational institution" as a secondary school, an elementary school, or any private, parochial, religious, or home school providing elementary or secondary education, or both. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a refundable credit for education expenses of children receiving or eligible to receive free or reduced price school meals."} | 1,085 | 106 | 0.518939 | 1.247053 | 0.682932 | 3.955056 | 10.932584 | 0.876404 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tobacco to 21 Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Tobacco use caused 20,800,000 premature deaths in the
United States in the 50 years since the Surgeon General's first
report on smoking in 1964.
(2) The 1964 Surgeon General's report linked cigarette
smoking to cancer, and since then, other tobacco products,
including cigars, cigarillos, roll-your-own products, and
smokeless tobacco have been causally linked to cancer.
(3) While substantial gains have been made since 1964,
tobacco use remains the leading cause of preventable death in
the United States, responsible for approximately 500,000
premature deaths each year.
(4) Tobacco use costs the United States approximately
$170,000,000,000 in direct medical costs and $156,000,000,000
in lost productivity every year.
(5) More than 42,000,000 people in the United States still
smoke, and the tobacco industry continues to challenge tobacco
control victories in court, manipulate products to evade
existing regulations, introduce new and dangerous tobacco
products, and spend billions on marketing to deceive the public
and addict more children.
(6) An estimated 5,600,000 youth aged 17 and under are
projected to die prematurely from a tobacco-related illness if
prevalence rates do not change.
(7) Use of tobacco products in any form is not safe,
especially during adolescence, as such use can lead to nicotine
dependence and subsequent tobacco-related diseases and death.
(8) Adolescents are especially vulnerable to the effects of
nicotine and nicotine addiction and appear to show signs of
nicotine addiction at lower levels of exposure compared to
adults.
(9) Nicotine exposure during adolescence may have long
lasting adverse consequences on brain development.
(10) The likelihood of developing smoking-related cancers
increases with duration of smoking. Therefore those users that
start at younger ages and continue to smoke are at higher risk
for tobacco-related disease and death.
(11) National data show that 95 percent of adult smokers
begin smoking before they turn 21. The ages of 18 to 21 are a
critical period when many smokers move from experimental
smoking to regular, daily use.
(12) Young adults aged 18 to 24 are more than 2 times as
likely to use smokeless products as compared to older adults
aged 45 to 64.
(13) The Centers for Disease Control and Prevention and the
Institute of Medicine recommend comprehensive and sustained
tobacco control programs and policies at the Federal, State,
and local level in order to reduce youth initiation and the
prevalence of tobacco use.
(14) Regulating the retail environment, actively enforcing
laws, and educating retailers are strategies that Federal,
State, and local governments can take to restrict the
availability of tobacco products to youth.
(15) The recent report of the Institute of Medicine
entitled, ``Public Health Implications of Raising the Minimum
Age of Legal Access to Tobacco Products'', concluded that
raising the minimum legal age of sale of tobacco products
nationwide will reduce tobacco initiation, particularly among
adolescents aged 15 to 17, and will improve health across the
lifespan and save lives. Specifically, the report said that
raising the minimum legal age of sale of tobacco products
nationwide to age 21 would, over time, lead to a 12-percent
decrease in smoking prevalence.
(16) The Institute of Medicine report also predicts that
raising the minimum legal age of sale of tobacco products
nationwide to age 21 would result in 223,000 fewer premature
deaths, 50,000 fewer deaths from lung cancer, and 4,200,000
fewer years of life lost for those born between 2000 and 2019.
In addition, the report concluded that raising the minimum
legal age of sale would result in near immediate reductions in
preterm birth, low birth weight, and sudden infant death
syndrome.
SEC. 3. PROHIBITION AND ENFORCEMENT.
(a) In General.--Notwithstanding any other provision of law,
including any Federal regulation, it shall be unlawful to sell or
distribute a tobacco product to anyone under the age of 21.
(b) Enforcement.--
(1) In general.--The Secretary of Health and Human Services
is authorized to enforce the prohibition under subsection (a)
and shall take necessary action to enforce such prohibition,
including, as appropriate--
(A) conducting undercover compliance checks,
performing retailer inspections, initiating enforcement
actions for noncompliance, and taking any other
measures appropriate to help ensure nationwide
compliance with such prohibition; and
(B) establishing requirements that retailers check
identification or use other methods to ensure
compliance with subsection (a), or issuing guidance
concerning the responsibility of retailers to ensure
such compliance.
(2) Enforcement authority.--In the case of a violation of
subsection (a), the Secretary of Health and Human Services may
apply the penalties under section 303 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 333), as though such
subsection (a) were a regulation promulgated under section
906(d)(1) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 387f(d)(1)), notwithstanding paragraph (3)(A)(ii) of
such section 906(d).
(c) Definition.--In this Act, the term ``tobacco product'' has the
meaning given such term in section 201(rr) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321(rr)).
SEC. 4. NON-PREEMPTION.
Nothing in this Act shall be construed to prevent a State or local
governmental entity from establishing, enforcing, or maintaining a law
with respect to sales of tobacco to individuals below a minimum age,
provided that such State or local law is at least as restrictive as the
Federal law. | Tobacco to 21 Act This bill prohibits the sale or distribution of tobacco products to individuals under the age of 21. The Department of Health and Human Services must enforce this prohibition by taking necessary actions including, as appropriate, conducting undercover compliance checks, performing retailer inspections, initiating enforcement actions for noncompliance, and establishing requirements that retailers check identification. | {"src": "billsum_train", "title": "Tobacco to 21 Act"} | 1,239 | 76 | 0.381849 | 0.960521 | 0.223887 | 3.523077 | 18.092308 | 0.907692 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Long Term Care Quality and Consumer
Information Improvement Act of 2005''.
SEC. 2. MEDICARE PAYMENT ADJUSTMENTS FOR SKILLED NURSING FACILITIES
BASED ON QUALITY DATA.
(a) In General.--Section 1888(e) of the Social Security Act (42
U.S.C. 1395yy(e)) is amended by adding at the end the following new
paragraph:
``(13) Payment adjustments based on quality data.--
``(A) Establishment of quality measures.--
``(i) In general.--Subject to the
succeeding provisions of this subparagraph, not
later than 6 months after the date of enactment
of the Long Term Care Quality and Consumer
Information Improvement Act of 2005, the
Secretary shall establish between 10 and 15
quality measures applicable with respect to
skilled nursing facilities in addition to any
quality measures applicable with respect to
such facilities established prior to January 1,
2005.
``(ii) Consultation.--In establishing the
quality measures under clause (i), the
Secretary shall consult with--
``(I) residents of skilled nursing
facilities;
``(II) representatives of patient
advocacy organizations;
``(III) State regulatory
representatives;
``(IV) representatives from the
skilled nursing facility industry; and
``(V) experts on quality measures.
``(iii) Staffing and mix of licensed
staff.--At least one of the quality measures
established under clause (i) shall relate to
the level of skilled nursing facility staffing
and the mix of licensed staff.
``(iv) Establishment and application of
risk adjustment methodology.--The quality
measures established under clause (i) shall
take into account the relative risks associated
with the population of each skilled nursing
facility to ensure that the differences in the
quality measures reflect differences in the
care provided by the facilities and not
differences in resident population
characteristics by using a risk adjustment
methodology established for purposes of this
subsection. The risk adjustment methodology
established and applied under this clause may
exclude certain types of residents, stratify
residents into high-risk and low-risk groups,
or use a statistical adjustment, such as a
regression analysis, that takes into
consideration multiple characteristics for each
resident.
``(v) Special provision for small skilled
nursing facilities.--The Secretary, in
consultation with the individuals and groups
described in clause (ii), shall establish
criteria for determining which quality measures
established under clause (i) do not apply with
respect to skilled nursing facilities that are
not large enough to yield meaningful data with
respect to such measure.
``(vi) Annual review and revision.--The
Secretary, in consultation with the individuals
and groups described in clause (ii), shall
annually review and revise the quality measures
established under clause (i), as the Secretary,
in consultation with such individuals and
groups, determines appropriate.
``(B) Reporting on quality measures.--
``(i) Submission of data.--Each skilled
nursing facility that desires to receive a
payment adjustment under subparagraph (C) shall
submit such data at such time and in such form
and manner as the Secretary, in consultation
with the individuals and groups described in
subparagraph (A)(ii), requires for purposes of
applying the quality measures established under
subparagraph (A)(i).
``(ii) Publication of quality ratings.--Not
less frequently than annually, the Secretary
shall cause to be posted on the Internet
website of the Centers for Medicare & Medicaid
Services and to be published in newspapers with
a national circulation a quality rating for
each skilled nursing facility submitting data
under clause (i) by using such data to apply
the quality measures established under
subparagraph (A)(i) to each facility.
``(C) Additional payment amount.--
``(i) In general.--Subject to clause (iv),
each skilled nursing facility that submits data
under subparagraph (B)(i) shall receive the
update described in clause (ii) and the payment
adjustment described in clause (iii).
``(ii) Full market basket update.--
Notwithstanding paragraph (4)(E)(ii) or any
other provision of law, each skilled nursing
facility described in clause (i) shall receive
the full market basket update for the year
following the year in which such data is
submitted.
``(iii) Payments based on quality.--The
Secretary shall adjust the total payment amount
under this subsection for skilled nursing
facilities described in clause (i) as follows:
``(I) Beginning with fiscal year
2007, for each of the skilled nursing
facilities that the Secretary
determines, based on the quality
measures established under subparagraph
(A)(i) for the preceding fiscal year,
to be--
``(aa) in the top 10
percent of all nursing
facilities that submitted data
under subparagraph (B)(i)
during the preceding fiscal
year, each payment amount
determined under the other
provisions of this subsection
shall be increased by 2 percent
of that amount; and
``(bb) below the top 10
percent of such nursing
facilities, but within the top
20 percent of such facilities,
each payment amount determined
under the other provisions of
this subsection shall be
increased by 1 percent of that
amount.
``(II) Beginning with fiscal year
2008, for each of the skilled nursing
facilities that the Secretary
determines, based on the quality
measures established under subparagraph
(A)(i), to be in the bottom 20 percent
of all nursing facilities that
submitted data under subparagraph
(B)(i), each payment amount determined
under the other provisions of this
subsection shall be decreased by 1
percent of that amount.
``(iv) Special provision for small skilled
nursing facilities.--The Secretary may not
refuse to provide a full market basket update
under clause (ii) or to provide an increase or
reduction under clause (iii) with respect to a
skilled nursing facility because such facility
does not submit data with respect to a quality
measure that does not apply to the nursing
facility as a result of the application of the
criteria established under subparagraph (A)(v).
``(D) Budget neutrality.--In implementing this
paragraph, the Secretary shall ensure that the
aggregate amount of expenditures made by the Secretary
under this title in a fiscal year does not exceed the
aggregate amount which the Secretary would have
expended under this title in the year if this paragraph
had not been enacted. In determining the aggregate
amount which the Secretary would have expended under
this title in the year if this paragraph had not been
enacted, the Secretary shall assume a current services
budget baseline that includes in the assumption of
current services a level of expenditures for covered
skilled nursing facility services that reflects a
continuation of the Resource Utilization Groups (RUGS)
that were used for making payments under this section
during fiscal year 2005.''.
(b) Evaluation and Report.--
(1) Evaluation.--The Secretary of Health and Human Services
shall conduct an evaluation of the implementation of the
amendment made by subsection (a), including an evaluation of
the number of skilled nursing facilities that submit the data
pursuant to paragraph (13)(B) of section 1888(e) of the Social
Security Act (42 U.S.C. 1395yy(e)), as added by subsection (a).
(2) Report.--Not later than December 31, 2008, the
Secretary of Health and Human Services shall submit a report to
Congress on the evaluation conducted under paragraph (1)
together with recommendations for such legislation and
administrative actions as the Secretary considers appropriate. | Long Term Care Quality and Consumer Information Improvement Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to establish between ten and 15 additional quality measures applicable to skilled nursing facilities, including a risk adjustment methodology reflecting differences in care, not differences in resident population characteristics. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to provide medicare beneficiaries with access to information concerning the quality of care provided by skilled nursing facilities and to provide incentives to skilled nursing facilities to improve the quality of care provided by those facilities by linking the amount of payment under the medicare program to quality reporting and performance requirements, and for other purposes."} | 1,656 | 75 | 0.632643 | 1.553383 | 1.193104 | 3.234375 | 24.53125 | 0.921875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Felon Identification and Police
Safety Act of 1993''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) State laws requiring a waiting period before the
purchase of a firearm have endangered the lives of law-abiding
Americans by preventing them from protecting themselves, as
demonstrated by the following examples:
(A) In 1991, Bonnie Elmasri of Wisconsin tried to
get a handgun to protect herself from her estranged
husband, but he returned home and killed her and her 2
children before the 48-hour waiting period required by
State law had expired.
(B) In 1990, Catherine Latta of North Carolina
tried to buy a firearm but was told by police that it
would take her 2 to 4 weeks to get the necessary
permit. After telling the clerk she ``would be dead by
then,'' she illegally bought a handgun on the street. 5
hours later she was attacked again by the man who had
already robbed, assaulted, and raped her. She used her
handgun to protect herself by shooting and killing him.
Had she not had a handgun, the outcome would have been
much different.
(C) Residents of Los Angeles were forced to wait 15
days during the 1991 riots before they could legally
buy a firearm for protection, in spite of the fact that
police were admitting that they could not protect the
people.
(2) A point-of-sale instant background check can easily
lead to a gun owner registration system. Commenting on the
Virginia State instant check system, the Congressional Office
of Technology Assessment said ``The Virginia transaction log
does not include the names of firearm purchasers, but the
potential exists regardless of legal prohibitions.''.
(3) Laws requiring a waiting period before the purchase of
a firearm have not prevented crime rates in various States that
have enacted such laws from increasing far above the national
average increase in crime rates.
(4) Police cannot protect, and are not legally responsible
for protecting, individual citizens, as evidenced by the
following:
(A) The courts have consistently ruled that the
police do not have an obligation to protect
individuals, only the public in general. In Warren v.
District of Columbia Metropolitan Police Department
(D.C. App. 444 A. 2d 1 (1981)), the court stated
``courts have without exception concluded that when a
municipality or other governmental entity undertakes to
furnish police services, it assumes a duty only to the
public at large and not to individual members of the
community''.
(B) Former Florida Attorney General Jim Smith told
Florida legislators that police responded to only
200,000 of 700,000 calls for help to Dade County
authorities.
(C) The Department of Justice found that, in 1989,
there were 168,881 crimes of violence which were not
responded to by police within 1 hour.
(D) Currently, there are about 150,000 police
officers on duty to protect a population of more than
250,000,000 Americans.
SEC. 3. SYSTEM FOR IDENTIFYING FELONS AND PERSONS ADJUDICATED MENTALLY
INCOMPETENT.
(a) In General.--The laws and procedures of a State are of the type
described in this subsection if the laws and procedures, in substance,
provide the following:
(1) Records check required before issuance of driver's
license and identification documents; use of magnetic strips to
identify prohibited persons.--Before the State transportation
agency issues, reissues, or reinstates a license, the agency
shall--
(A) conduct a record check to determine whether the
applicant therefor is a prohibited person by examining
the State list referred to in paragraph (4) of this
subsection and the national list referred to in
subsection (b)(1); and
(B) affix to the license of the person a magnetic
strip on which is encoded information that--
(i) identifies the licensee as a prohibited
person or as a nonprohibited person; and
(ii) may be discerned only through the use
of an electronic device that--
(I) is read only;
(II) does not have storage or
communication capabilities; and
(III) signals the user of the
device with--
(aa) a green light if the
device reads a magnetic strip
that does not identify the
person as a prohibited person;
and
(bb) a red light if the
device reads a magnetic strip
that identifies the person as a
prohibited person.
(2) Effects of felony conviction or adjudication of mental
incompetency.--
(A) Seizure and voiding of driver's license.--If a
State court convicts a person of a crime punishable by
imprisonment for a term exceeding 1 year or adjudicates
a person as mentally incompetent, the court shall seize
any license issued to the person by the State
transportation agency, and any such license shall be
void.
(B) Issuance of new license upon request.--Upon
request of a person referred to in subparagraph (A),
the State transportation agency shall issue to the
person (if otherwise eligible therefor) another such
license affixed to which is a magnetic strip
identifying the person as a prohibited person.
(3) Funding of records checks.--
(A) Increase in fines imposed upon convicted
felons.--Any person convicted in the State of a crime
punishable by imprisonment for a term exceeding 1 year
shall, in addition to any sentence imposed under any
other provision of State law, be fined an amount
sufficient to cover the expenses of criminal records
checks conducted pursuant to paragraph (1)(A), taking
all such convictions into account on an annual basis.
(B) Surcharge imposed on prohibited persons to
obtain a driver's license.--In addition to any fee
required to be paid by a person to obtain a license,
the State transportation agency shall require a
prohibited person to pay surcharge in an amount
determined by the State to be sufficient to cover the
expenses of criminal records checks conducted by the
agency pursuant to paragraph (1)(A), taking into
account fines imposed under subparagraph (B) of this
paragraph.
(4) Requirement to maintain and update computerized list of
prohibited persons.--The State shall create and maintain a
computerized list of all persons who are prohibited persons by
reason of a conviction or adjudication in the State, and,
within 2 years after the date of the enactment of this Act,
shall achieve and maintain at least 80 percent currency of case
dispositions in the computerized list for all cases in which
there has been an entry of activity within the then immediately
preceding 5 years.
(b) Duties of the Attorney General.--The Attorney General of the
United States shall--
(1) create a national, computerized list of prohibited
persons;
(2) incorporate State criminal history records into the
Federal criminal records system maintained by the Federal
Bureau of Investigation;
(3) develop hardware and software systems to link State
lists referred to in subsection (a)(4) with the national list
referred to in paragraph (1) of this subsection; and
(4) provide any responsible State agency with access to the
national list, upon request.
(c) Procedures for Correcting Erroneous Records.--
(1) Request for information.--Any person identified as a
prohibited person in records maintained under this section may
request the Attorney General of the United States to notify the
person of the reasons therefor.
(2) Compliance with request.--Within 5 days after receipt
of a request under paragraph (1), the Attorney General shall
comply with the request.
(3) Submission of additional information.--Any person
described in paragraph (1) may submit to the Attorney General
information to correct, clarify, or supplement records
maintained under this section with respect to the person.
(4) Consideration and use of additional information.--
Within 5 days after receipt of such information, the Attorney
General shall consider the information, investigate the matter
further, correct any and all erroneous Federal records relating
to such person, and notify any Federal department or agency or
any State that was the source of the erroneous records of the
errors.
(d) Judicial Review.--Any person erroneously identified as a
prohibited person in records maintained pursuant to this section may
bring an action in any United States district court against the United
States, or any State or political subdivision thereof which is the
source of the erroneous information, for damages (including
consequential damages), injunctive relief, and such other relief as the
court deems appropriate. If the person prevails in the action, the
court shall allow the person a reasonable attorney's fee as part of the
costs.
(e) Definitions.--As used in this section:
(1) License.--The term ``license'' means a license or
permit to operate a motor vehicle on the roads and highways of
the State, and any identification document issued by a State
transportation agency solely for purposes of identification.
(2) Prohibited person.--The term ``prohibited person''
means a person who--
(A) has been convicted of a crime punishable under
Federal or State law by imprisonment for a term
exceeding 1 year; or
(B)(i) has been adjudicated mentally incompetent;
and
(ii)(I) has not been restored to capacity by court
order; or
(II) has been so restored to capacity for less than
5 years.
(3) State transportation agency.--The term ``State
transportation agency'' means the State agency responsible for
issuing a license, permit, or identification document described
in paragraph (1).
(f) Justice Assistance Funds Withheld From Certain States Unless
Certain Laws and Procedures are in Effect.--2 years after the date of
the enactment of this Act, the Director of the Bureau of Justice
Assistance shall reduce by 25 percent the annual allocation to a State
for a fiscal year under title I of the Omnibus Crime Control and Safe
Streets Act of 1968 if the State has in effect, as of such date of
enactment, a waiting period, or a system for identifying felons, before
the purchase of a handgun, and the State does not, by the end of such
2-year period, have in effect all of the laws and procedures of the
type described in subsection (a). If, at any time after such 2-year
period, any State has in effect a waiting period before the purchase of
a handgun, or a system for identifying felons or persons adjudicated
mentally incompetent other than as provided pursuant to laws and
procedures of the type described in subsection (a), the Director of the
Bureau of Justice Assistance shall reduce by 25 percent the annual
allocation to the State for a fiscal year under title I of the Omnibus
Crime Control and Safe Streets Act of 1968.
SEC. 4. LICENSED FIREARMS DEALERS REQUIRED TO CHECK MAGNETIC STRIP ON
DRIVER'S LICENSE OF ANY PERSON ATTEMPTING TO PURCHASE A
HANDGUN.
(a) Prohibition.--Section 922 of title 18, United States Code, is
amended by adding at the end the following:
``(s)(1) It shall be unlawful for any licensed dealer knowingly
to--
``(A) sell a handgun to any person not licensed under
section 923, unless the licensed dealer has used an electronic
device described in section 3(a)(1)(B)(ii) of Felon
Identification and Police Safety Act of 1993 to read the
magnetic strip affixed to an identification document issued to
the person by the transportation agency of the State in which
the premises of the licensed dealer is located; or
``(B) fail to notify local law enforcement authorities,
within 72 hours, of any person attempting to purchase a handgun
who is identified as a prohibited person through the use of
such a device.
``(2) As used in paragraph (1):
``(A) The term `handgun' means a firearm which has
a short stock and is designed to be held and fired by
the use of a single hand.
``(B) The term `identification document' means a
license or permit to operate a motor vehicle, and any
identification document issued solely for purposes of
identification.
``(C) The term `transportation agency' means the
agency responsible for issuing commercial or
noncommercial identification documents.
``(3) Paragraph (1) shall not apply in any State that does not have
in effect the laws and procedures required by section 3(a) of the Felon
Identification and Police Safety Act of 1993.''.
(b) Penalty.--Section 924(a) of such title is amended--
(1) in paragraph (1), by striking ``paragraph (2) or (3)
of''; and
(2) by adding at the end the following:
``(5) Any licensed dealer who violates section 922(s) shall be
imprisoned not more than 1 year, fined not more than $1,000, or
both.''.
(c) Effective Date.--The amendments made by this section apply to
conduct engaged in after the 2-year period that begins with the date of
the enactment of this Act. | Felon Identification and Police Safety Act of 1993 - Requires the Director of the Bureau of Justice Assistance to reduce by 25 percent the annual allocation to a State for a fiscal year under title I of the Omnibus Crime Control and Safe Streets Act of 1968 if the State has in effect a waiting period, or a system for identifying felons, before the purchase of a handgun and if the State does not have in effect specified laws and procedures regarding: (1) a records check requirement before the issuance of a driver's license and the use of magnetic strips to identify prohibited persons; (2) seizure and voiding of the driver's license upon a felony conviction or adjudication of mental incompetency; (3) funding of records checks; and (4) a requirement that the State maintain and update a computerized list of prohibited persons by reason of a conviction or adjudication in the State.
Directs the Attorney General to: (1) create a national, computerized list of prohibited persons; (2) incorporate State criminal history records into the Federal criminal records system maintained by the Federal Bureau of Investigation; (3) develop hardware and software systems to link State lists with the national list; and (4) provide any responsible State agency with access to the national list upon request.
Sets forth provisions regarding: (1) procedures for correcting erroneous records; and (2) judicial review with respect to persons erroneously identified as prohibited persons.
Amends the Federal criminal code to prohibit (with exceptions) any licensed dealer from knowingly: (1) selling a handgun to an unlicensed person unless the dealer has used an electronic device to read the magnetic strip affixed to an identification document issued to such person by the transportation agency of the State in which the premises of the dealer is located; or (2) failing to notify local law enforcement authorities, within 72 hours, of any person attempting to purchase a handgun who is identified as a prohibited person through the use of such a device. Sets penalties for violations. | {"src": "billsum_train", "title": "Felon Identification and Police Safety Act of 1993"} | 2,930 | 436 | 0.403302 | 1.404112 | 0.633014 | 5.86514 | 6.819338 | 0.938931 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``AFG and SAFER Program
Reauthorization Act of 2017''.
SEC. 2. REAUTHORIZATION OF ASSISTANCE TO FIREFIGHTERS GRANTS PROGRAM
AND THE FIRE PREVENTION AND SAFETY GRANTS PROGRAM.
(a) Repeal of Sunset.--Section 33 of the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2229) is amended by striking
subsection (r).
(b) Authorization of Appropriations.--Subsection (q)(1)(B) of such
section is amended by striking ``2017'' and inserting ``2023''.
(c) Authorization for Certain Training Under Assistance to
Firefighters Grants Program.--Subsection (c)(3) of such section is
amended by adding at the end the following:
``(N) To provide specialized training to
firefighters, paramedics, emergency medical service
workers, and other first responders to recognize
individuals who have mental illness and how to properly
intervene with individuals with mental illness,
including strategies for verbal de-escalation of
crisis.''.
SEC. 3. REAUTHORIZATION OF STAFFING FOR ADEQUATE FIRE AND EMERGENCY
RESPONSE GRANT PROGRAM.
(a) Repeal of Sunset.--Section 34 of the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2229a) is amended by striking
subsection (k).
(b) Authorization of Appropriations.--Subsection (j)(1)(I) of such
section is amended, in the matter before clause (i), by striking
``2017'' and inserting ``2023''.
(c) Modification of Application Requirements.--Subsection (b)(3)(B)
of such section is amended by striking ``of subsection (a)(1)(B)(ii)
and (F)'' and inserting ``of subsection (a)(1)(F)''.
(d) Modification of Limitation.--Subsection (c)(2) of such section
is amended by striking ``prior to November 24, 2003'' and inserting
``prior to the date of the application for the grant''.
(e) Modification of Waiver Authority.--Subsection (d)(1)(B) of such
section is amended by striking ``subsection (a)(1)(E) or subsection
(c)(2)'' and inserting ``subsection (a)(1)(E), (c)(2), or (c)(4)''.
(f) Repeal of Authority for Certain Use of Grant Amounts
Transferred to Assistance to Firefighters Grants Program.--Subsection
(a)(1)(B) of such section is amended by striking ``and to provide'' and
all that follows through ``of crises''.
(g) Expansion of Staffing For Adequate Fire and Emergency Response
Grant Program.--Subsection (a)(1)(B) of such section, as amended by
subsection (f), is further amended by inserting ``or to change the
status of part-time or paid-on-call (as defined in section 33(a))
firefighters to full-time firefighters'' after ``firefighters''.
SEC. 4. TRAINING ON ADMINISTRATION OF FIRE GRANT PROGRAMS.
(a) In General.--The Administrator of the Federal Emergency
Management Agency, acting through the Administrator of the United
States Fire Administration, may develop and make widely available an
electronic, online training course for members of the fire and
emergency response community on matters relating to the administration
of grants under sections 33 and 34 of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229 and 2229a).
(b) Requirements.--The Administrator of the Federal Emergency
Management Agency shall ensure that any training developed and made
available under subsection (a) is--
(1) tailored to the financial and time constraints of
members of the fire and emergency response community; and
(2) accessible to all individuals in the career,
combination, paid-on-call, and volunteer fire and emergency
response community.
SEC. 5. FRAMEWORK FOR OVERSIGHT AND MONITORING OF THE ASSISTANCE TO
FIREFIGHTERS GRANTS PROGRAM, THE FIRE PREVENTION AND
SAFETY GRANTS PROGRAM, AND THE STAFFING FOR ADEQUATE FIRE
AND EMERGENCY RESPONSE GRANT PROGRAM.
(a) Framework.--Not later than 90 days after the date of the
enactment of this Act, the Administrator of the Federal Emergency
Management Agency, acting through the Administrator of the United
States Fire Administration, shall develop and implement a grant
monitoring and oversight framework to mitigate and minimize risks of
fraud, waste, abuse, and mismanagement relating to the grants programs
under sections 33 and 34 of the Federal Fire Prevention and Control Act
of 1974 (15 U.S.C. 2229 and 2229a).
(b) Elements.--The framework required by subsection (a) shall
include the following:
(1) Developing standardized guidance and training for all
participants in the grant programs described in subsection (a).
(2) Conduct of regular risk assessments.
(3) Conducting desk reviews and site visits.
(4) Enforcement actions to recoup potential questionable
costs of grant recipients.
(5) Such other oversight and monitoring tools as the
Administrator of the Federal Emergency Management Agency
considers necessary to mitigate and minimize fraud, waste,
abuse, and mismanagement relating to the grant programs
described in subsection (a). | AFG and SAFER Program Reauthorization Act of 2017 This bill amends the the Federal Fire Prevention and Control Act of 1974 to: (1) repeal the expiration dates of, and to reauthorize through FY2023, the Assistance to Firefighters Grants (AFG) Program, the Fire Prevention and Safety Grants (FPSG) Program, and the Staffing for Adequate Fire and Emergency Response Grant (SAFER) Program; and (2) authorize the use of AFG Program grants, instead of SAFER Program grants, to provide specialized training to first responders on how to recognize and properly intervene with individuals with mental illness. The SAFER Program is revised to permit the use of grants to change the status of part-time or paid-on-call firefighters to full-time firefighters. The United States Fire Administration (USFA) may develop and make widely available an electronic, online training course for members of the fire and emergency response community on matters related to the administration of AFG, FPSG, and SAFER grants. The Federal Emergency Management Agency (FEMA) shall ensure that any such training is: (1) tailored to the financial and time constraints of members of the fire and emergency response community; and (2) accessible to all individuals in the career, combination, paid-on-call, and volunteer fire and emergency response community. The USFA shall develop and implement a grant monitoring and oversight framework to mitigate and minimize risks of fraud, waste, abuse, and mismanagement relating to such grants programs. | {"src": "billsum_train", "title": "AFG and SAFER Program Reauthorization Act of 2017"} | 1,254 | 312 | 0.621657 | 1.98034 | 0.817527 | 5.542254 | 3.542254 | 0.943662 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Seniors' Medication Copayment
Reduction Act of 2009''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) A growing body of evidence demonstrates that patient-
level financial barriers, including copayments and coinsurance
for medications, systematically reduce the use of high value
medical services.
(2) Empirical studies demonstrate that reductions in cost-
sharing can mitigate the adverse health consequences
attributable to cost related decreases in the utilization of
prescription medications and reduce aggregate medical
expenditures as a result.
(3) Financial barriers to prescription medications that are
of high value should be reduced or eliminated to increase
adherence to prescribed medication.
(4) Value-Based Insurance Design recognizes that medical
services and prescription medications differ in the clinical
benefit achieved and that patient out-of-pocket costs should be
adjusted according to the value of the services provided.
(5) The current ``one size fits all'' copayment or
coinsurance design for medications provided under the Medicare
program does not recognize the well-established value
differences in health outcomes produced by various medical
interventions.
(6) The establishment by Medicare of copayment and
coinsurance requirements for medications using Value-Based
Insurance Design will optimize clinical gains for each dollar
spent, which would be a benefit to seniors and a fiscally
responsible use of taxpayer dollars.
SEC. 3. DEMONSTRATION PROGRAM.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Health and Human Services (in this
section referred to as the ``Secretary'') shall establish a
demonstration program to test Value-Based Insurance Design
methodologies for Medicare beneficiaries with chronic conditions.
(b) Demonstration Program Design.--
(1) In general.--The Secretary shall select not less than 2
Medicare Advantage plans to participate in this demonstration
program under this section initially.
(2) Requirements.--A plan selected to participate in the
demonstration program under paragraph (1) shall meet the
following requirements:
(A) The plan offers a coordinated Part D drug
benefit.
(B) The plan and organization offering such plan
meet such other criteria as the Secretary determines
appropriate.
(c) Duration.--
(1) In general.--Subject to subsection (b), the
demonstration program under this section shall be conducted for
a 5-year period.
(2) Expansion of demonstration program; implementation of
demonstration program results.--
(A) Expansion of demonstration program.--If the
report under paragraph subsection (e) or (f)(3)
contains an evaluation that the demonstration program
under this section--
(i) reduces expenditures under the Medicare
program; or
(ii) does not increase expenditures under
the Medicare program and increases the quality
of health care services provided to Medicare
beneficiaries,
then the Secretary shall continue the existing
demonstration program and may expand the demonstration
program.
(B) Implementation of demonstration program
results.--If the report under subsection (e) or (f)(3)
contains an evaluation contained in clause (i) or (ii)
of subparagraph (A), the Secretary may issue
regulations to implement, on a permanent basis, the
components of the demonstration program that are
beneficial to the Medicare program.
(d) Value-Based Insurance Design Methodology.--
(1) Reduction of copayments and coinsurance.--Utilizing
Value-Based Insurance Design methodologies, the Secretary shall
identify each medication for which the amount of the copayment
or coinsurance payable should be reduced or eliminated.
(2) Value-based insurance design.--For purposes of this
section, ``Value-Based Insurance Design'' is a methodology for
identifying specific medications or classes of medications for
which copayments or coinsurance should be reduced or eliminated
due to the high value and effectiveness of such medications
when prescribed for particular clinical conditions.
(3) Particular medications.--In identifying medications for
purposes of paragraph (1), the Secretary shall, at a minimum,
consider the medications utilized in the treatment of the
following conditions:
(A) Asthma.
(B) Atrial fibrillation.
(C) Deep venous thrombosis.
(D) Chronic obstructive pulmonary disease.
(E) Chronic renal failure.
(F) Congestive heart failure.
(G) Coronary artery disease.
(H) Myocardial infarction.
(I) Depression.
(J) Epilepsy.
(K) Diabetes mellitus.
(L) Hypertension.
(M) Hypothyroidism.
(N) Schizophrenia.
(O) Tobacco abuse disorder.
(e) Report on Implementation.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress a
report on the implementation by the Secretary of the
demonstration program under this section.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A statement setting forth each medication
identified pursuant to subsection (d)(1).
(B) For each such medication, a statement of the
amount of the copayment or coinsurance required to be
paid for such medication and the amount of the
reduction from previous levels.
(f) Review and Assessment of Utilization of Methodologies.--
(1) In general.--The Secretary shall enter into a contract
or agreement with an independent entity having expertise in
Value-Based Insurance Design to review and assess the
implementation by the Secretary of the demonstration program
under this section. The review and assessment shall include the
following:
(A) An assessment of the utilization by the
Secretary of the methodologies referred to in
subsection (d).
(B) An analysis of whether reducing or eliminating
the copayment or coinsurance for each medication
identified by the Secretary pursuant to subsection
(d)(1) resulted in increased adherence to medication
regimens and better health outcomes.
(C) An analysis of the cost savings resulting from
reducing or eliminating the copayment or coinsurance
for each medication so identified.
(D) Such other matters as the Secretary considers
appropriate.
(2) Report.--The contract or agreement entered into under
paragraph (1) shall require the entity concerned to submit to
the Secretary a report on the review and assessment conducted
by the entity under that paragraph in time for the inclusion of
the results of such report in the report required by paragraph
(3).
(3) Report to congress.--Not later than 3 years after the
date of the enactment of this Act, the Secretary shall submit
to Congress a report on the review and assessment conducted
under this subsection. The report shall include the following:
(A) A description of the results of the review and
assessment.
(B) Such recommendations as the Secretary considers
appropriate for enhancing the utilization of the
methodologies referred to in subsection (a)(1) so as to
reduce copayments and coinsurance paid by Medicare
beneficiaries for medications furnished under the
Medicare program and to otherwise improve the quality
of health care provided under such Medicare program.
(g) Waiver.--The Secretary may waive such provisions of titles XI
and XVIII of the Social Security Act as may be necessary to carry out
the demonstration program under this section.
(h) Implementation Funding.--For purposes of carrying out the
demonstration program under this section, the Secretary shall provide
for the transfer from the Federal Hospital Insurance Trust Fund under
section 1817 of the Social Security Act (42 U.S.C. 1395i) and the
Federal Supplementary Insurance Trust Fund under section 1841 of the
Social Security Act (42 U.S.C. 1395t), including the Medicare
Prescription Drug Account in such Trust Fund, in such proportion as
determined appropriate by the Secretary, of such sums as may be
necessary. | Seniors' Medication Copayment Reduction Act of 2009 - Directs the Secretary of Health and Human Services to establish a demonstration program to test Value-Based Insurance Design methodologies for Medicare beneficiaries with chronic conditions.
Defines "Value-Based Insurance Design" as a methodology for identifying specific medications or classes of medications for which, because of their high value and effectiveness when prescribed for particular clinical conditions, copayments or coinsurance should be reduced or eliminated. | {"src": "billsum_train", "title": "A bill to establish a demonstration program requiring the utilization of Value-Based Insurance Design in order to demonstrate that reducing the copayments or coinsurance charged Medicare beneficiaries for selected medications can increase adherence to prescribed medication, and for other purposes."} | 1,657 | 99 | 0.63585 | 1.59616 | 0.977522 | 5.433735 | 18.963855 | 0.927711 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``DACA Compromise Act of 2018''.
SEC. 2. DEFINITIONS.
In this Act:
(1) In general.--Any term used in this Act that is used in
the immigration laws (as defined in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) shall
have the meaning given such term in the immigration laws.
(2) DACA.--The term ``DACA'' means deferred action granted
to an alien pursuant to the Deferred Action for Childhood
Arrivals program announced by President Obama on June 15, 2012.
(3) Disability.--The term ``disability'' has the meaning
given such term in section 3(1) of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102(1)).
(4) Poverty line.--The term ``poverty line'' has the
meaning given such term in section 673 of the Community
Services Block Grant Act (42 U.S.C. 9902).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 3. PERMANENT RESIDENT STATUS FOR CERTAIN LONG-TERM RESIDENTS WHO
ENTERED THE UNITED STATES AS CHILDREN.
(a) In General.--The Secretary shall cancel the removal of, and
adjust to the status of an alien lawfully admitted for permanent
residence, an alien--
(1) who has been continuously present in the United States
since June 15, 2012;
(2) who was granted DACA, unless the alien has engaged in
conduct since the alien was granted DACA that would have
rendered the alien ineligible for DACA renewal under the
Deferred Action for Childhood Arrivals program, as in effect
before September 5, 2017;
(3) who makes application for such adjustment not earlier
than the date that is 2 years after the date on which the alien
first was granted DACA;
(4) otherwise satisfies the requirements of this section;
and
(5) to whom is available an immigrant visa pursuant to
section 4.
(b) Procedures.--
(1) In general.--The Secretary of Homeland Security shall
by rule establish a procedure allowing eligible individuals to
apply for the relief available under this section without
requiring placement in removal proceedings and without
requiring the immediate availability of an immigrant visa
pursuant to section 4. Such procedure shall provide for the
ability of a minor to apply for such relief, including through
a legal guardian or counsel.
(2) Aliens subject to removal.--The Secretary shall provide
a reasonable opportunity to apply for relief under this section
to any alien who requests such an opportunity or who appears
prima facie eligible for relief under this section if the alien
is in removal proceedings, is the subject of a final removal
order, or is the subject of a voluntary departure order.
(c) Application Fee.--
(1) In general.--The Secretary may require an alien
applying for permanent resident status under this section to
pay a reasonable fee that is commensurate with the cost of
processing the application.
(2) Exemption.--An applicant may be exempted from paying
the fee required under paragraph (1) if the alien--
(A)(i) is younger than 18 years of age;
(ii) received total income, during the 12-month
period immediately preceding the date on which the
alien files an application under this section, that is
less than 150 percent of the poverty line; and
(iii) is in foster care or otherwise lacking any
parental or other familial support;
(B) is younger than 18 years of age and is
homeless;
(C)(i) cannot care for himself or herself because
of a serious, chronic disability; and
(ii) received total income, during the 12-month
period immediately preceding the date on which the
alien files an application under this section, that is
less than 150 percent of the poverty line; or
(D)(i) during the 12-month period immediately
preceding the date on which the alien files an
application under this section, accumulated $10,000 or
more in debt as a result of unreimbursed medical
expenses incurred by the alien or an immediate family
member of the alien; and
(ii) received total income, during the 12-month
period immediately preceding the date on which the
alien files an application under this section, that is
less than 150 percent of the poverty line.
(d) Submission of Biometric and Biographic Data.--The Secretary may
not grant an alien permanent resident status under this section unless
the alien submits biometric and biographic data, in accordance with
procedures established by the Secretary. The Secretary shall provide an
alternative procedure for aliens who are unable to provide such
biometric or biographic data because of a physical impairment.
(e) Background Checks.--
(1) Requirement for background checks.--The Secretary shall
utilize biometric, biographic, and other data that the
Secretary determines appropriate--
(A) to conduct security and law enforcement
background checks of an alien seeking permanent
resident status under this section; and
(B) to determine whether there is any criminal,
national security, or other factor that would render
the alien ineligible for such status.
(2) Completion of background checks.--The security and law
enforcement background checks of an alien required under
subparagraph (A) shall be completed, to the satisfaction of the
Secretary, before the date on which the Secretary grants such
alien permanent resident status under this section.
(f) Medical Examination.--
(1) Requirement.--An alien applying for permanent resident
status under this section shall undergo a medical examination.
(2) Policies and procedures.--The Secretary, with the
concurrence of the Secretary of Health and Human Services,
shall prescribe policies and procedures for the nature and
timing of the examination required under paragraph (1).
(g) Military Selective Service.--An alien applying for permanent
resident status under this section shall establish that the alien has
registered under the Military Selective Service Act (50 U.S.C. 3801 et
seq.), if the alien is subject to registration under such Act.
(h) Treatment of Aliens Pending Grant of Permanent Residence.--
(1) Limitation on removal.--The Secretary or the Attorney
General may not remove an alien who--
(A) has pending an application for relief under
this section and appears prima facie eligible for such
relief;
(B) has an approved application for relief under
this section and is awaiting the availability of an
immigrant visa pursuant to section 4; or
(C) is ineligible to apply for relief under this
section solely due to the date limitation in subsection
(a)(3).
(2) Provisional protected status.--
(A) In general.--In the case of an alien described
in paragraph (1) whose DACA grant has ended, the
Secretary shall grant provisional protected presence to
the alien and shall provide the alien with employment
authorization effective until the date on which--
(i) the alien's application for relief
under this section is finally denied; or
(ii) the Secretary cancels the removal of
the alien and adjusts the status of the alien
to that of an alien lawfully admitted for
permanent residence.
(B) Status during period of provisional protected
presence.--An alien granted provisional protected
presence is not considered to be unlawfully present in
the United States during the period beginning on the
date such status is granted and ending on a date
described in subparagraph (A), except that the
Secretary may rescind an alien's provisional protected
presence and employment authorization under this
paragraph if the Secretary determines that the alien--
(i) poses a threat to national security or
a threat to public safety;
(ii) has traveled outside of the United
States without authorization from the
Secretary; or
(iii) has ceased to be continuously present
in the United States since June 15, 2012.
(i) Treatment of Certain Breaks in Presence.--
(1) In general.--An alien shall be considered to have
failed to maintain continuous presence in the United States
under subsections (a)(1) and (h)(2)(B)(iii) if the alien has
departed from the United States for any period in excess of 90
days or for any periods in the aggregate exceeding 180 days,
unless such departure was authorized by the Secretary of
Homeland Security.
(2) Exception.--An alien who departed from the United
States after the date of the enactment of this Act shall not be
considered to have failed to maintain continuous presence in
the United States if the alien's absences from the United
States are brief, casual, and innocent, whether or not such
absences were authorized by the Secretary.
(3) Extensions for exceptional circumstances.--The
Secretary of Homeland Security may extend the time periods
described in paragraph (1) if the alien demonstrates that the
failure to timely return to the United States was due to
exceptional circumstances. Exceptional circumstances sufficient
to justify an extension may include the serious illness of the
alien, or death or serious illness of a spouse, parent,
grandparent, sibling, or child.
SEC. 4. AVAILABILITY OF IMMIGRANT VISAS.
(a) Temporary Reallocation of Certain Visas.--Beginning in the
first fiscal year in which an immigrant visa is needed under section
3(a)(5) for an alien who is the beneficiary of an approved application
for relief under section 3, the visas described in subsection (b) that
are otherwise available for the aliens described in such subsection
shall be reallocated as necessary for purposes of making visas
available under section 3(a)(5).
(b) Visas Described.--For each fiscal year, the visas described in
this subsection are the following:
(1) Visas otherwise allotted to the brothers and sisters of
citizens of the United States under section 203(a)(4) of the
Immigration and Nationality Act (8 U.S.C. 1153(a)(4)).
(2) Visas otherwise allotted to diversity immigrants under
section 203(c) of such Act (8 U.S.C. 1153(c)), disregarding any
visas necessary to offset adjustments of status under section
309 of the Illegal Immigration Reform and Immigrant
Responsibility (8 U.S.C. 1101 note), as required by section
203(d) of the Nicaraguan Adjustment and Central American Relief
Act (8 U.S.C. 1151 note).
(3) One half of the visas otherwise allotted to married
sons and married daughters of citizens of the United States
under section 203(a)(3) of the Immigration and Nationality Act
(8 U.S.C. 1153(a)(3)).
(4) One half of the visas otherwise allotted to skilled
workers, professionals, and other workers under section
203(b)(3) of the Immigration and Nationality Act (8 U.S.C.
1153(b)(3)), disregarding any visas necessary to offset
adjustments of status under section 309 of the Illegal
Immigration Reform and Immigrant Responsibility (8 U.S.C. 1101
note), as required by section 203(e) of the Nicaraguan
Adjustment and Central American Relief Act (8 U.S.C. 1151
note).
(c) Termination.--In no case shall the total number of visas
reallocated under subsection (a) exceed the total number of aliens who
have had an application approved under section 3. | DACA Compromise Act of 2018 This bill directs the Department of Homeland Security (DHS) to cancel the removal of, and adjust to permanent resident status the status of, an alien: (1) who has been continuously present in the United States since June 15, 2012; (2) who was granted deferred removal as an undocumented alien pursuant to the Deferred Action for Childhood Arrivals (DACA) program, unless the individual engaged in subsequent conduct that would have rendered the alien ineligible for program renewal; (3) who applies for adjustment not earlier than two years after he or she was granted such deferred removal; (4) who otherwise satisfies the requirements of this bill, and (5) to whom an immigrant visa is available. The bill reallocates specified family, employment, and diversity visas for such approved individuals. DHS shall allow eligible individuals, including minors, to apply for relief without requiring: (1) placement in removal proceedings, or (2) immediate immigrant visa availability. DHS shall provide a reasonable opportunity to apply for relief under this bill to any alien who: (1) requests such an opportunity, or (2) appears prima facie eligible for relief if the alien is in removal proceedings or is the subject of a final removal or voluntary departure order. An applicant for permanent resident status shall: (1) submit biometric and biographic data, (2) undergo law enforcement and security background checks and a medical examination, and (3) meet applicable selective service registration requirements. The Department of Justice may not remove certain individuals who: (1) have a pending application and appear prima facie eligible for relief, (2) have an approved application and are awaiting the availability of an immigrant visa, or (3) are ineligible to apply for relief solely due to the date limitation for applying for adjustment under this bill. DHS shall provide provisional protected status to such individuals whose DACA grant has ended. | {"src": "billsum_train", "title": "DACA Compromise Act of 2018"} | 2,494 | 402 | 0.665357 | 1.890548 | 0.836367 | 3.331551 | 5.967914 | 0.919786 |
SECTION 1. EVALUATION AND CONSOLIDATION OF DUPLICATIVE GREEN BUILDING
PROGRAMS WITHIN DEPARTMENT OF ENERGY.
(a) Definitions.--In this section:
(1) Administrative expenses.--
(A) In general.--The term ``administrative
expenses'' has the meaning given the term by the
Director of the Office of Management and Budget under
section 504(b)(2) of the Energy and Water Development
and Related Agencies Appropriations Act, 2010 (31
U.S.C. 1105 note; Public Law 111-85).
(B) Inclusions.--The term ``administrative
expenses'' includes, with respect to an agency--
(i) costs incurred by--
(I) the agency; or
(II) any grantee, subgrantee, or
other recipient of funds from a grant
program or other program administered
by the agency; and
(ii) expenses relating to personnel
salaries and benefits, property management,
travel, program management, promotion, reviews
and audits, case management, and communication
regarding, promotion of, and outreach for
programs and program activities administered by
the agency.
(2) Applicable program.--The term ``applicable program''
means any program that is--
(A) listed in Table 9 (pages 348-350) of the report
of the Government Accountability Office entitled ``2012
Annual Report: Opportunities to Reduce Duplication,
Overlap and Fragmentation, Achieve Savings, and Enhance
Revenue''; and
(B) administered by the Secretary.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(4) Service.--
(A) In general.--Subject to subparagraph (B), the
term ``service'' has the meaning given the term by the
Director of the Office of Management and Budget.
(B) Requirements.--For purposes of subparagraph
(A), the term ``service'' shall be limited to
activities, assistance, or other aid that provides a
direct benefit to a recipient, such as--
(i) the provision of technical assistance;
(ii) assistance for housing or tuition; or
(iii) financial support (including grants,
loans, tax credits, and tax deductions).
(b) Report.--
(1) In general.--Not later than October 1, 2015, the
Secretary shall submit to Congress and make available on the
public Internet website of the Department of Energy a report
that describes the outcomes of all applicable programs.
(2) Requirements.--In preparing the report under paragraph
(1), the Secretary shall--
(A) determine the total administrative expenses of
each applicable program;
(B) determine the expenditures for services for
each applicable program;
(C) estimate the number of--
(i) clients served by each applicable
program; and
(ii) beneficiaries who received services
under the applicable program (if applicable);
(D) estimate--
(i) the number of full-time employees who
administer each applicable program; and
(ii) the number of full-time equivalents
(the salary of whom is paid in part or full by
the Federal Government through a grant or
contract, a subaward of a grant or contract, a
cooperative agreement, or another form of
financial award or assistance) who assist in
administering the applicable program;
(E) describe the type of services each applicable
program provides, such as grants, technical assistance,
loans, tax credits, or tax deductions;
(F) describe the type of recipient who benefits
from the services provided under the applicable
program, such as individual property owners or renters,
local governments, businesses, nonprofit organizations,
or State governments; and
(G) identify whether written program goals are
available for each applicable program.
(c) Recommendations.--Not later than January 1, 2016, the Secretary
shall submit to Congress a report that includes--
(1) an analysis of whether any applicable program should be
eliminated or consolidated, including any legislative changes
that would be necessary to eliminate or consolidate applicable
programs; and
(2) methods to improve the applicable programs by
establishing program goals or increasing collaboration to
reduce the overlap and duplication identified in--
(A) the 2011 report of the Government
Accountability Office entitled ``Federal Initiatives
for the NonFederal Sector Could Benefit from More
Interagency Collaboration''; and
(B) the report of the Government Accountability
Office entitled ``2012 Annual Report: Opportunities to
Reduce Duplication, Overlap and Fragmentation, Achieve
Savings, and Enhance Revenue''.
(d) Analyses.--Not later than January 1, 2016, the Secretary shall
identify--
(1) which applicable programs were specifically authorized
by Congress; and
(2) which applicable programs are carried out solely under
the discretionary authority of the Secretary. | This bill requires the Department of Energy (DOE) to report on and make public the outcomes of specified green building programs administered by DOE and listed in the Government Accountability Office's "2012 Annual Report: Opportunities to Reduce Duplication, Overlap and Fragmentation, Achieve Savings, and Enhance Revenue." DOE must conduct an analysis of whether any of the programs should be eliminated or consolidated and report on methods to improve the programs. By January 1, 2016, DOE must identify which programs were specifically authorized by Congress and which are carried out solely under DOE's discretionary authority. | {"src": "billsum_train", "title": "A bill to require the evaluation and consolidation of duplicative green building programs within the Department of Energy."} | 1,055 | 129 | 0.471249 | 1.351691 | 0.441786 | 3.314815 | 8.944444 | 0.851852 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep Our Promise to America's
Military Retirees Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) No statutory health care program existed for members of
the uniformed services who entered service prior to June 7,
1956, and retired after serving a minimum of 20 years or by
reason of a service-connected disability.
(2) Recruiters for the uniformed services are agents of the
United States Government and employed recruiting tactics that
allowed members who entered the uniformed services prior to
June 7, 1956, to believe they would be entitled to fully-paid
lifetime health care upon retirement.
(3) Statutes enacted in 1956 entitled those who entered
service on or after June 7, 1956, and retired after serving a
minimum of 20 years or by reason of a service-connected
disability, to medical and dental care in any facility of the
uniformed services, subject to the availability of space and
facilities and the capabilities of the medical and dental
staff.
(4) After 4 rounds of base closures between 1988 and 1995
and further drawdowns of remaining military medical treatment
facilities, access to ``space available'' health care in a
military medical treatment facility is virtually nonexistent
for many military retirees.
(5) The military health care benefit of ``space available''
services and medicare is no longer a fair and equitable benefit
as compared to benefits for other retired Federal employees.
(6) The failure to provide adequate health care upon
retirement is preventing the retired members of the uniformed
services from recommending, without reservation, that young men
and women make a career of any military service.
(7) Although provisions enacted in the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (Public
Law 106-398) extended coverage under the TRICARE program to
medicare eligible military retirees age 65 and older, those
provisions did not address the health care needs of military
retirees under the age of 65.
(8) The United States should establish health care that is
fully paid by the sponsoring agency under the Federal Employees
Health Benefits program for members who entered active duty on
or prior to June 7, 1956, and who subsequently earned
retirement.
(9) The United States should reestablish adequate health
care for all retired members of the uniformed services that is
at least equivalent to that provided to other retired Federal
employees by extending to such retired members of the uniformed
services the option of coverage under the Federal Employees
Health Benefits program.
SEC. 3. COVERAGE OF MILITARY RETIREES UNDER THE FEDERAL EMPLOYEES
HEALTH BENEFITS PROGRAM.
(a) Earned Coverage for Certain Retirees and Dependents.--Chapter
89 of title 5, United States Code, is amended--
(1) in section 8905, by adding at the end the following new
subsection:
``(i) For purposes of this section, the term `employee' includes a
retired member of the uniformed services (as defined in section
101(a)(5) of title 10) who began service before June 7, 1956. A
surviving widow or widower of such a retired member may also enroll in
an approved health benefits plan described by section 8903 or 8903a of
this title as an individual.''; and
(2) in section 8906(b)--
(A) in paragraph (1), by striking ``paragraphs (2)
and (3)'' and inserting ``paragraphs (2) through (5)'';
and
(B) by adding at the end the following new
paragraph:
``(5) In the case of an employee described in section 8905(i) or
the surviving widow or widower of such an employee, the Government
contribution for health benefits shall be 100 percent, payable by the
department from which the employee retired.''.
(b) Coverage for Other Retirees and Dependents.--(1) Section 1108
of title 10, United States Code, is amended to read as follows:
``Sec. 1108. Health care coverage through Federal Employees Health
Benefits program
``(a) FEHBP Option.--The Secretary of Defense, after consulting
with the other administering Secretaries, shall enter into an agreement
with the Office of Personnel Management to provide coverage to eligible
beneficiaries described in subsection (b) under the health benefits
plans offered through the Federal Employees Health Benefits program
under chapter 89 of title 5.
``(b) Eligible Beneficiaries; Coverage.--(1) An eligible
beneficiary under this subsection is
``(A) a member or former member of the uniformed services
described in section 1074(b) of this title;
``(B) an individual who is an unremarried former spouse of
a member or former member described in section 1072(2)(F) or
1072(2)(G);
``(C) an individual who is--
``(i) a dependent of a deceased member or former
member described in section 1076(b) or 1076(a)(2)(B) of
this title or of a member who died while on active duty
for a period of more than 30 days; and
``(ii) a member of family as defined in section
8901(5) of title 5; or
``(D) an individual who is--
``(i) a dependent of a living member or former
member described in section 1076(b)(1) of this title;
and
``(ii) a member of family as defined in section
8901(5) of title 5.
``(2) Eligible beneficiaries may enroll in a Federal Employees
Health Benefit plan under chapter 89 of title 5 under this section for
self-only coverage or for self and family coverage which includes any
dependent of the member or former member who is a family member for
purposes of such chapter.
``(3) A person eligible for coverage under this subsection shall
not be required to satisfy any eligibility criteria specified in
chapter 89 of title 5 (except as provided in paragraph (1)(C) or
(1)(D)) as a condition for enrollment in health benefits plans offered
through the Federal Employees Health Benefits program under this
section.
``(4) For purposes of determining whether an individual is a member
of family under paragraph (5) of section 8901 of title 5 for purposes
of paragraph (1)(C) or (1)(D), a member or former member described in
section 1076(b) or 1076(a)(2)(B) of this title shall be deemed to be an
employee under such section.
``(5) An eligible beneficiary who is eligible to enroll in the
Federal Employees Health Benefits program as an employee under chapter
89 of title 5 is not eligible to enroll in a Federal Employees Health
Benefits plan under this section.
``(6) An eligible beneficiary who enrolls in the Federal Employees
Health Benefits program under this section shall not be eligible to
receive health care under section 1086 or section 1097. Such a
beneficiary may continue to receive health care in a military medical
treatment facility, in which case the treatment facility shall be
reimbursed by the Federal Employees Health Benefits program for health
care services or drugs received by the beneficiary.
``(c) Change of Health Benefits Plan.--An eligible beneficiary
enrolled in a Federal Employees Health Benefits plan under this section
may change health benefits plans and coverage in the same manner as any
other Federal Employees Health Benefits program beneficiary may change
such plans.
``(d) Government Contributions.--The amount of the Government
contribution for an eligible beneficiary who enrolls in a health
benefits plan under chapter 89 of title 5 in accordance with this
section may not exceed the amount of the Government contribution which
would be payable if the electing beneficiary were an employee (as
defined for purposes of such chapter) enrolled in the same health
benefits plan and level of benefits.
``(e) Separate Risk Pools.--The Director of the Office of Personnel
Management shall require health benefits plans under chapter 89 of
title 5 to maintain a separate risk pool for purposes of establishing
premium rates for eligible beneficiaries who enroll in such a plan in
accordance with this section.''.
(2) The item relating to section 1108 at the beginning of such
chapter is amended to read as follows:
``1108. Health care coverage through Federal Employees Health Benefits
program.''.
(3) The amendments made by this subsection shall take effect on
January 2, 2004. | Keep Our Promise to America's Military Retirees Act - Includes as an employee, for purposes of Federal provisions authorizing enrollment under the Federal Employees Health Benefits (FEHB) Program: (1) a member of the armed forces who began service before June 7, 1956, and retired after a minimum of 20 years of such service or by reason of a service-connected disability; and (2) the surviving widow or widower of such member.Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management to provide FEHB coverage to the following eligible beneficiaries: (1) a member or former member entitled to military retired or retainer pay; (2) an unremarried former spouse who was married to a member for at least 20 years, during which such member performed at least 20 years of retirement-creditable military service; (3) a dependent of a deceased qualifying member or former member; (4) a dependent of a living member or former member; and (5) a family member. | {"src": "billsum_train", "title": "To restore health care coverage to retired members of the uniformed services."} | 1,849 | 216 | 0.57355 | 1.631231 | 0.652387 | 3.538071 | 8.700508 | 0.928934 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``Health Care Choice Act''.
SEC. 2. SPECIFICATION OF CONSTITUTIONAL AUTHORITY FOR ENACTMENT OF LAW.
This Act is enacted pursuant to the power granted Congress under
article I, section 8, clause 3, of the United States Constitution.
SEC. 3. FINDINGS.
Congress finds the following:
(1) The application of numerous and significant variations
in State law impacts the ability of insurers to offer, and
individuals to obtain, affordable individual health insurance
coverage, thereby impeding commerce in individual health
insurance coverage.
(2) Individual health insurance coverage is increasingly
offered through the Internet, other electronic means, and by
mail, all of which are inherently part of interstate commerce.
(3) In response to these issues, it is appropriate to
encourage increased efficiency in the offering of individual
health insurance coverage through a collaborative approach by
the States in regulating this coverage.
(4) The establishment of risk-retention groups has provided
a successful model for the sale of insurance across State
lines, as the acts establishing those groups allow insurance to
be sold in multiple States but regulated by a single State.
SEC. 4. COOPERATIVE GOVERNING OF INDIVIDUAL HEALTH INSURANCE COVERAGE.
(a) In General.--Title XXVII of the Public Health Service Act (42
U.S.C. 300gg et seq.) is amended by adding at the end the following new
part:
``Part D--Cooperative Governing of Individual Health Insurance Coverage
``SEC. 2795. DEFINITIONS.
``In this part:
``(1) Primary state.--The term `primary State' means, with
respect to individual health insurance coverage offered by a
health insurance issuer, the State designated by the issuer as
its primary State. An issuer, with respect to a particular
policy, may only designate one such State as its primary State
with respect to all such coverage it offers.
``(2) Secondary state.--The term `secondary State' means,
with respect to a health insurance issuer, any State (in the
United States or District of Columbia) that is not the primary
State.
``(3) Health insurance issuer.--The term `health insurance
issuer' has the meaning given such term in section 2791(b)(2).
``(4) Individual health insurance coverage.--The term
`individual health insurance coverage' means health insurance
coverage offered in the individual market, as defined in
section 2791(e)(1).
``(5) Applicable state authority.--The term `applicable
State authority' means, with respect to a health insurance
issuer in a State, the State insurance commissioner or official
or officials designated by the State to enforce the
requirements of this title for the State involved with respect
to the issuer.
``(6) Hazardous financial condition.--The term `hazardous
financial condition' means that, based on its present or
reasonably anticipated financial condition, a health insurance
issuer is unlikely to be able--
``(A) to meet obligations to policyholders with
respect to known claims and reasonably anticipated
claims; or
``(B) to pay other obligations in the normal course
of business.
``(7) Covered laws.--The term `covered laws' means the laws
governing the issuance of an individual health insurance
coverage pertaining to--
``(A) the provision of insurance related services;
``(B) management, operations, and investment
activities; and
``(C) loss control and claims administration for a
health insurance issuer with respect to liability for
which the issuer provides insurance.
``SEC. 2796. APPLICATION OF LAW.
``(a) In General.--The covered laws of the primary State shall
apply to individual health insurance coverage offered by that health
insurance issuer in the primary State and in any secondary State.
``(b) Exemptions From State Laws, Rules, Regulations, Judgments,
Agreements, or Orders in a Secondary State.--Except as provided in this
section, a health insurance issuer with respect to its offer, sale, and
issuance of individual health insurance coverage in any secondary State
is exempt from any State law, rule, regulation, judgment, agreement, or
order of the secondary State to the extent that such law, rule,
regulation, judgment, agreement, or order would--
``(1) make unlawful, or regulate, directly or indirectly,
the operation of the health insurance issuer operating in the
secondary State, except that any secondary State may require
such an issuer--
``(A) to pay, on a nondiscriminatory basis,
applicable premium and other taxes which are levied on
insurers and surplus lines insurers, brokers, or
policyholders under the laws of the State;
``(B) to register with and designate the State
insurance commissioner as its agent solely for the
purpose of receiving service of legal documents or
process;
``(C) to comply with a lawful order issued in a
voluntary dissolution proceeding;
``(D) to comply with an injunction issued by a
court of competent jurisdiction, upon a petition by the
State insurance commissioner alleging that the issuer
is in hazardous financial condition; and
``(E) to provide the following notice, in 12-point
bold type, in any insurance coverage issued by such a
health insurance issuer, with the 4 blank spaces
therein being appropriately filled with the name of the
health insurance issuer, the name of primary State, the
name of the secondary State, and the name of the
secondary State, respectively, for the coverage
concerned:
`Notice
`This policy is issued by _____ and is governed by the laws and
regulations of the State of _____. This policy may not be subject to
all of the insurance laws and regulations of the State of _____,
including coverage of some services or benefits mandated by the law of
the State of _____. Before purchasing this policy, you should carefully
review the policy and determine what health care services the policy
covers and what benefits it provides, including any exclusions,
limitations, or conditions for such services or benefits.'; or
``(F) to participate, on a nondiscriminatory basis,
in any insurance insolvency guaranty association to
which a health insurance issuer in the State is
required to belong;
``(2) require any individual health insurance coverage
issued by the issuer to be countersigned by an insurance agent
or broker residing in that Secondary State; or
``(3) otherwise discriminate against the issuer issuing
insurance in both primary and secondary States.
``(c) Scope of Exemptions.--The exemptions specified in subsection
(b) apply to laws, rules, regulations, judgments, agreements, and
orders governing the insurance business pertaining to--
``(1) individual health insurance coverage issued by a
health insurance issuer;
``(2) the offer, sale, and issuance of individual health
insurance coverage to an individual; and
``(3) the provision to an individual in relation to
individual health insurance coverage of--
``(A) insurance related services;
``(B) management, operations, and investment
activities; and
``(C) loss control and claims administration for a
health insurance issuer with respect to liability for
which the issuer provides insurance.
``(d) Licensing of Agents or Brokers for Health Insurance
Issuers.--Any State may require that a person acting, or offering to
act, as an agent or broker for a health insurance issuer with respect
to the offering of individual health insurance coverage obtain a
license from that State, except that a State many not impose any
qualification or requirement which discriminates against a nonresident
agent or broker.
``(e) Documents for Submission to State Insurance Commissioner.--
Each health insurance issuer issuing individual health insurance
coverage in both primary and secondary States shall submit--
``(1) to the insurance commissioner of each State in which
it intends to offer such coverage, before it may offer
individual health insurance coverage in such State--
``(A) a copy of plan of operation or feasability
study (which shall include the name of its primary
State and its principal place of business); and
``(B) written notice of any change in its
designation of its primary State; and
``(2) to the insurance commissioner of each secondary State
in which it offers individual health insurance coverage, a copy
of the issuer's annual financial statement submitted to the
primary State, which statement shall be certified by an
independent public accountant and contain a statement of
opinion on loss and loss adjustment expense reserves made by--
``(A) a member of the American Academy of
Actuaries; or
``(B) a qualified loss reserve specialist.
``(f) Power of Courts to Enjoin Conduct.--Nothing in this section
shall be construed to affect the authority of any Federal or State
court to enjoin--
``(1) the solicitation or sale of individual health
insurance coverage by a health insurance issuer to any person
or group who is not eligible for such insurance; or
``(2) the solicitation or sale of individual health
insurance coverage by, or operation of, a health insurance
issuer that is in hazardous financial condition.
``(g) State Powers to Enforce State Laws.--
``(1) In general.--Subject to the provisions of subsection
(b)(1)(D) (relating to injunctions), nothing in this section
shall be construed to affect the authority of any State to make
use of any of its powers to enforce the laws of such State with
respect to which a health insurance issuer is not exempt under
this section.
``(2) Courts of competent jurisdiction.--If a State seeks
an injunction regarding the conduct described in paragraphs (1)
and (2) of subsection (f), such injunction must be obtained
from a Federal or State court of competent jurisdiction.
``(h) States' Authority to Sue.--Nothing in this section shall
affect the authority of any State to bring action in any Federal or
State court.
``(i) Generally Applicable Laws.--Nothing in this section shall be
construed to affect the applicability of State laws generally
applicable to persons or corporations.
``SEC. 2797. PRIMARY STATE MUST MEET FEDERAL FLOOR BEFORE ISSUER MAY
SELL INTO SECONDARY STATES.
``A health insurance issuer may not offer, sell, or issue
individual health insurance coverage in a secondary State if the
primary State does not meet the following requirements:
``(1) The State insurance commissioner must use a risk-
based capital formula for the determination of capital and
surplus requirements for all health insurance issuers that are
not health maintenance organizations (as defined in section
1301(a)). For such health maintenance organizations the State
must have legislative or regulatory capital and surplus
requirements.
``(2) The State must have legislation or regulations in
place establishing an independent review process for
individuals who are covered by individual health insurance
coverage unless the issuer provides an independent review
mechanism functionally equivalent (as determined by the primary
State insurance commissioner or official) to that prescribed in
the `Health Carrier External Review Model Act' of the National
Association of Insurance Commissioners for all individuals who
purchase insurance coverage under the terms of this part.
``SEC. 2798. ENFORCEMENT.
``(a) In General.--Subject to subsection (c), the primary State has
sole jurisdiction to enforce covered laws in primary and secondary
States.
``(b) Failure to Comply With Primary State Law.--In the case of
individual health insurance coverage offered in a secondary State that
fails to comply with covered laws of the primary State, the applicable
State authority of the secondary State shall notify, in writing, the
applicable State authority of the primary State of suspected violations
of the primary State's laws.
``(c) Failure of a Primary State Authority to Take Action.--The
applicable State authority of the secondary State may initiate
regulatory proceedings to enforce the covered laws of the primary State
if the applicable State authority of the primary State--
``(1) does not initiate regulatory or legal proceedings
within 30 days; or
``(2) fails to maintain an active investigation,
negotiation, regulatory, or judicial proceeding for any 30-day
period.
``(d) Failure to Resolve Dispute.--If upon initiating proceedings
under subsection (c), the applicable State authority of the secondary
State is unable to resolve concerns related to suspected violations of
covered laws of the primary State, such applicable secondary State
authority may bring action in a court of appropriate jurisdiction.
``(e) Court Interpretation.--In reviewing action initiated by the
applicable secondary State authority, the court of appropriate
jurisdiction shall apply the covered laws of the primary State.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to individual health insurance coverage offered, issued, or sold
after the date of the enactment of this Act.
SEC. 5. SEVERABILITY.
If any provision of the Act or the application of such provision to
any person or circumstance is held to be unconstitutional, the
remainder of this Act and the application of the provisions of such to
any other person or circumstance shall not be affected. | Health Care Choice Act - Amends the Public Health Service Act to provide that the laws of the primary State (as designated by the health insurance issuer) apply to individual health insurance coverage offered by that issuer both in the primary State and in any secondary State. Exempts health insurance issuers from any State law or regulation that would: (1) regulate the operation of the health insurance issuer in the secondary State, except for certain activities, including paying taxes and registering with the State insurance commissioner; (2) require any individual health insurance coverage issued by the issuer to be countersigned by an agent or broker residing in the secondary State; or (3) discriminate against the issuer issuing insurance in both primary and secondary States.
Allows States to require brokers to obtain a license from that State, but not to impose any requirements that discriminate against nonresident brokers.
Requires health insurance issuers offering coverage in more than one State to submit to the insurance commissioner of each State a copy of a plan of operation or a feasibility study, written notice of any change in designation of its primary State, and an annual financial statement.
Declares that this Act does not affect the authority of Federal or State courts to enjoin the sale of health insurance coverage to any person or group who is not eligible for such insurance or by a health insurance issuer that is in hazardous financial conditions.
Sets forth requirements for primary States.
Gives sole jurisdiction to primary States to enforce the covered laws in primary and secondary States. Sets forth procedures for resolving disputes. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to provide for cooperative governing of individual health insurance coverage offered in interstate commerce."} | 2,932 | 331 | 0.551231 | 1.655413 | 0.818868 | 3.96633 | 9.272727 | 0.929293 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Higher Education Accumulation
Program Act of 1994''.
SEC. 2. DEDUCTION FOR CONTRIBUTIONS TO HEAP ACCOUNTS.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals) is amended by redesignating section 220 as
section 221 and by inserting after section 219 the following new
section:
``SEC. 220. HIGHER EDUCATION ACCUMULATION PROGRAM (HEAP) ACCOUNTS.
``(a) Deduction Allowed.--In the case of an individual, there shall
be allowed as a deduction an amount equal to the amount paid in cash
for the taxable year by the taxpayer to a HEAP account established for
the purpose of accumulating funds to pay the educational expenses of
any child of the taxpayer.
``(b) Limitations.--
``(1) Maximum deduction.--The amount allowable as a
deduction under subsection (a) to the taxpayer for any taxable
year shall not exceed $5,000 ($2,500 in the case of a married
individual filing a separate return) for amounts paid for the
benefit of each child of the taxpayer. In no event shall the
amount allowable as a deduction under subsection (a) to the
taxpayer for any taxable year exceed $15,000 ($7,500 in the
case of a married individual filing a separate return).
``(2) Deduction may not exceed compensation.--The amount
allowable as a deduction under subsection (a) shall not exceed
the amount of compensation (as defined in section 219(f))
includible in the taxpayer's gross income for the taxable year.
``(3) Account may not be established for benefit of more
than 1 individual.--A HEAP account may not be established for
the benefit of more than 1 individual.
``(4) No deduction after beneficiary attains age 18.--No
deduction shall be allowed for any payment to a HEAP account
established for the benefit of an individual who has attained
age 18 before the close of the calendar year in which such
payment is made.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) HEAP account.--The term `HEAP account' means a trust
created or organized in the United States exclusively for the
purpose of paying the educational expenses of a child of the
taxpayer, but only if the written governing instrument creating
the trust meets the following requirements:
``(A) No contribution will be accepted unless it is
in cash, and contributions will not be accepted for the
taxable year in excess of $5,000.
``(B) The trustee is a bank (as defined in section
408(n)) or another person who demonstrates to the
satisfaction of the Secretary that the manner in which
that person will administer the trust will be
consistent with the requirements of this section.
``(C) No part of the trust assets will be invested
in life insurance contracts.
``(D) The assets of the trust shall not be
commingled with other property except in a common trust
fund or common investment fund.
``(E) On the termination date--
``(i) the balance in the account shall be
distributed to the individual for whose benefit
the account is established, or
``(ii) at the election of such individual,
such account shall be treated for purposes of
this title as an individual retirement account.
``(2) Child.--The term `child' has the meaning given such
term by section 151(c)(3).
``(3) Termination date.--The term `termination date'
means--
``(A) the date the beneficiary attains age 25,
``(B) if the beneficiary is at least a half-time
student on the date referred to in subparagraph (A),
the last day of the last school year for which the
beneficiary is at least a half-time student, or
``(C) the date of the beneficiary's death.
``(4) Educational expenses.--The term `educational
expenses' means--
``(A) tuition and fees required for the enrollment
or attendance of a student at an eligible educational
institution,
``(B) fees, books, supplies, and equipment required
for courses of instruction at an eligible educational
institution, and
``(C) a reasonable allowance for meals and lodging
while attending an eligible educational institution.
``(5) Eligible educational institution.--The term `eligible
educational institution' means--
``(A) an institution of higher education, or
``(B) a vocational school.
``(6) Institution of higher education.--The term
`institution of higher education' means the institutions
described in section 1201(a) or 481(a) of the Higher Education
Act of 1965.
``(7) Vocational school.--The term `vocational school'
means an area vocational education school as defined in
subparagraph (C) or (D) of section 521(4) of the Carl D.
Perkins Vocational and Applied Technology Education Act to the
extent such school is located within any State (as defined in
such section).
``(8) Time when contributions deemed made.--A taxpayer
shall be deemed to have made a contribution on the last day of
the preceding taxable year if the contribution is made on
account of such taxable year and is made not later than the
time prescribed by law for filing the return for such taxable
year (including extensions thereof).
``(d) Tax Treatment of Distributions.--
``(1) In general.--Except as otherwise provided in this
subsection, any amount paid from a HEAP account shall be
included in the gross income of the beneficiary of such account
for the taxable year in which the payment is received.
``(2) Amounts used for education expenses.--If any payment
from a HEAP account is used to pay the educational expenses of
the beneficiary of such account--
``(A) paragraph (1) shall not apply, but
``(B) \1/10\th of such amount shall be included in
gross income of the beneficiary of such account for the
taxable year in which the payment is received and for
each of the 9 taxable years thereafter.
``(3) Excess contributions returned before due date of
return.--Paragraph (1) shall not apply to the distribution of
any contribution made during a taxable year to a HEAP account
to the extent that such contribution exceeds the amount
allowable as a deduction under subsection (a) if--
``(A) such distribution is received on or before
the day prescribed by law (including extensions of
time) for filing such individual's return for such
taxable year,
``(B) no deduction is allowed under subsection (a)
with respect to such excess contribution, and
``(C) such distribution is accompanied by the
amount of net income attributable to such excess
contribution.
Any net income described in subparagraph (C) shall be included
in the gross income of the individual for the taxable year in
which such excess contribution was made.
``(4) Treatment as individual retirement plan not subject
to income tax inclusion.--The treatment described in subsection
(c)(1)(E) shall not be treated as a distribution for purposes
of this subsection or subsection (f).
``(e) Tax Treatment of Accounts.--
``(1) Exemption from tax.--A HEAP account is exempt from
taxation under this subtitle unless such account has ceased to
be a HEAP account by reason of paragraph (2) or (3).
Notwithstanding the preceding sentence, any such account is
subject to the taxes imposed by section 511 (relating to
imposition of tax on unrelated business income of charitable,
etc. organizations).
``(2) Loss of exemption of account where individual engages
in prohibited transaction.--
``(A) In general.--If the individual for whose
benefit a HEAP account is established or any individual
who contributes to such account engages in any
transaction prohibited by section 4975 with respect to
the account, the account shall cease to be a HEAP
account as of the first day of the taxable year (of the
individual so engaging in such transaction) during
which such transaction occurs.
``(B) Account treated as distributing all its
assets.--In any case in which any account ceases to be
a HEAP account by reason of subparagraph (A) as of the
first day of any taxable year, paragraph (1) of
subsection (d) shall apply as if there was a
distribution on such first day in an amount equal to
the fair market value (on such first day) of all assets
in the account (on such first day).
``(3) Effect of pledging account as security.--If, during
any taxable year, the individual for whose benefit a HEAP
account is established, or any individual who contributes to
such account, uses the account or any portion thereof as
security for a loan, the portion so used shall be treated as
distributed to the individual so using such portion.
``(f) Additional Tax on Certain Distributions.--
``(1) Distribution not used for educational expenses.--If
any payment from a HEAP account is used for any purpose other
than the payment of the education expenses of the beneficiary
of such account, the tax liability under this chapter of such
beneficiary for the taxable year in which the payment is
received shall be increased by an amount equal to 10 percent of
such payment.
``(2) Distributions on termination of account.--Paragraph
(1) shall be applied by substituting `5 percent' for `10
percent' in the case of any distribution made on the
termination date (other than by reason of the beneficiary's
death).
``(3) Disability or death cases.--Paragraphs (1) and (2)
shall not apply if the distribution is made after the account
beneficiary becomes disabled within the meaning of section
72(m)(7) or dies.
``(4) Disqualification cases.--Any amount treated under
paragraph (2) or (3) of subsection (e) as distributed from a
HEAP account shall be treated as a distribution to which the
tax imposed by paragraph (1) applies.
``(g) Community Property Laws.--This section shall be applied
without regard to any community property laws.
``(h) Custodial Accounts.--For purposes of this section, a
custodial account shall be treated as a trust if the assets of such
account are held by a bank (as defined in section 408(n)) or another
person who demonstrates, to the satisfaction of the Secretary, that the
manner in which he will administer the account will be consistent with
the requirements of this section, and if the custodial account would,
except for the fact that it is not a trust, constitute a HEAP account
described in subsection (c)(1). For purposes of this title, in the case
of a custodial account treated as a trust by reason of the preceding
sentence, the custodian of such account shall be treated as the trustee
thereof.
``(i) Reports.--The trustee of a HEAP account shall make such
reports regarding such account to the Secretary and to the individual
for whose benefit the account is maintained with respect to
contributions, distributions, and such other matters as the Secretary
may require under regulations. The reports required by this subsection
shall be filed at such time and in such manner and furnished to such
individuals at such time and in such manner as may be required by those
regulations.''
(b) Deduction Allowed in Arriving at Adjusted Gross Income.--
Paragraph (7) of section 62(a) of such Code (relating to retirement
savings) is amended--
(1) by inserting ``or education'' after ``retirement'' in
the heading of such paragraph, and
(2) by inserting before the period at the end thereof the
following: ``and the deduction allowed by section 220 (relating
to HEAP accounts)''.
(c) Tax on Excess Contributions.--Section 4973 of such Code
(relating to tax on excess contributions to individual retirement
accounts, certain section 403(b) contracts, and certain individual
retirement annuities) is amended--
(1) by inserting ``heap accounts,'' after ``accounts,'' in
the heading of such section,
(2) by striking out ``or'' at the end of paragraph (1) of
subsection (a),
(3) by redesignating paragraph (2) of subsection (a) as
paragraph (3) and by inserting after paragraph (1) the
following new paragraph:
``(2) a HEAP account (within the meaning of section
220(c)(1)), or'', and
(4) by adding at the end thereof the following new
subsection:
``(d) Excess Contributions to HEAP Accounts.--For purposes of this
section, in the case of a HEAP account, the term `excess contributions'
means the amount by which the amount contributed for the taxable year
to the account exceeds the amount allowable as a deduction under
section 220 for such taxable year. For purposes of this subsection, any
contribution which is distributed out of the HEAP account in a
distribution to which section 220(d)(3) applies shall be treated as an
amount not contributed.''
(d) Tax on Prohibited Transactions.--Section 4975 of such Code
(relating to prohibited transactions) is amended--
(1) by adding at the end of subsection (c) the following
new paragraph:
``(4) Special rule for heap accounts.--An individual for
whose benefit a HEAP account is established and any contributor
to such account shall be exempt from the tax imposed by this
section with respect to any transaction concerning such account
(which would otherwise be taxable under this section) if, with
respect to such transaction, the account ceases to be a HEAP
account by reason of the application of section 220(e)(2)(A) to
such account.'', and
(2) by inserting ``, a HEAP account described in section
220(c)(1),'' in subsection (e)(1) after ``described in section
408(a)''.
(e) Failure To Provide Reports on HEAP Accounts.--Section 6693 of
such Code (relating to failure to provide reports on individual
retirement accounts or annuities) is amended--
(1) by inserting ``or on heap accounts'' after
``annuities'' in the heading of such section, and
(2) by adding at the end of subsection (a) the following
new sentence: ``The person required by section 220(i) to file a
report regarding a HEAP account at the time and in the manner
required by such section shall pay a penalty of $50 for each
failure, unless it is shown that such failure is due to
reasonable cause.''.
(f) Clerical Amendments.--
(1) The table of sections for part VII of subchapter B of
chapter 1 of such Code is amended by striking out the item
relating to section 220 and inserting in lieu thereof the
following new items:
``Sec. 220. HEAP accounts.
``Sec. 221. Cross reference.''
(2) The table of sections for chapter 43 of such Code is
amended by striking out the item relating to section 4973 and
inserting in lieu thereof the following new item:
``Sec. 4973. Tax on excess contributions
to individual retirement
accounts, HEAP accounts,
certain 403(b) contracts, and
certain individual retirement
annuities.''
(3) The table of sections for subchapter B of chapter 68 of
such Code is amended by striking out the item relating to
section 6693 and inserting in lieu thereof the following new
item:
``Sec. 6693. Failure to provide reports
on individual retirement
accounts or annuities or on
HEAP accounts.''
(g) Effective Date.--The amendments made by this section shall
apply to contributions made in taxable years beginning after December
31, 1994. | Higher Education Accumulation Program Act of 1994 - Amends the Internal Revenue Code to allow a deduction for amounts paid to a Higher Education Accumulation Program (HEAP) account established to accumulate funds to pay the educational expenses of a child of the taxpayer.
Declares such accounts exempt from tax. Allows the deduction in arriving at adjusted gross income. Imposes an excise tax on excess contributions and prohibited transactions. Imposes a penalty for failure to meet reporting requirements. | {"src": "billsum_train", "title": "Higher Education Accumulation Program Act of 1994"} | 3,578 | 107 | 0.545198 | 1.310049 | 0.601352 | 2.852273 | 37.318182 | 0.852273 |
SECTION 1. FINDINGS.
The Congress finds that--
(1) John Birks ``Dizzy'' Gillespie was one of the most
recognized and beloved artists in the world, admired not only
for his unique musicianship, but for his ability to reach
people on a distinctly personal level;
(2) as a musician, pioneer, innovator, composer, arranger,
bandleader, raconteur, entertainer, and cultural ambassador,
Mr. Gillespie distinguished himself as one of the immortal
figures in the history of jazz, ``a national American
treasure'';
(3) Mr. Gillespie received the Kennedy Center Honors, the
most prestigious public recognition of an artist's lifetime
contributions in the performing arts in the United States, the
Smithsonian Medal from the Smithsonian Institution, and the
American Society of Composers, Authors and Publishers' ``Duke''
award for his lifetime achievements as a musician, composer,
and bandleader;
(4) Mr. Gillespie received many additional honors,
including the National Medal of Arts, presented by President
Bush, a Grammy lifetime Achievement Award from the National
Academy of Recording Arts and Sciences, and the Commandant
D'Ordre des Arts et Lettres, the highest honor in the arts in
France, presented by the French Minister of Culture, Jack Lang,
and was crowned a traditional African chief, with the title
``Bashere of Iperu'', in Nigeria;
(5) Mr. Gillespie performed before royalty and countless
world leaders, including 4 American Presidents;
(6) at the personal invitation of President Sam Nujoma, Mr.
Gillespie performed at the State Independence Banquet of
Namibia, before the leaders of many countries of the world,
kings, presidents, prime ministers, the Secretary-General of
the United Nations, Nelson Mandela, and a host of other
dignitaries;
(7) Mr. Gillespie was acclaimed as a visionary risk taker,
whose daring integration of ethnic influences added a vibrant
and indelible dimension to jazz, and to music in all of its
popular forms;
(8) Mr. Gillespie and the late Charlie ``Bird'' Parker
pioneered ``be-bop'', a new and fresh harmonic and rhythmic
vocabulary that created a musical revolution which transformed
jazz and dramatically influenced 20th century musical culture;
(9) Mr. Gillespie is universally credited as the catalyst
who incorporated Afro-Cuban, Brazilian, and Caribbean music and
rhythms into the jazz idiom;
(10) Mr. Gillespie's third great big band, the United
Nations Orchestra, which exemplified the essence of Mr.
Gillespie's universal musical philosophy, enthralled audiences
in 20 countries on the continents of North America, South
America, Europe, and Australia since the band's inception in
1988;
(11) in 1956, Mr. Gillespie was the first jazz artist
appointed by the Department of State as Cultural Ambassador to
tour on behalf of the United States, and his resoundingly
successful tours through the Near East, Asia, Eastern Europe,
and Latin America were early landmarks in a lifetime of
cultural statesmanship by the inimitable jazz master on behalf
of his country; and
(12) in January 1989, Mr. Gillespie was asked to represent
the United States and embarked on a ground breaking, month-long
tour in Africa, sponsored by the United States Information
Agency Arts America Program.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The President is authorized to
present, on behalf of the Congress, to Mrs. Lorraine Gillespie, in
memory of her late husband John Birks ``Dizzy'' Gillespie, a gold medal
of appropriate design, in recognition of over half a century of musical
genius.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury shall strike a gold
medal with suitable emblems, devices, and inscriptions to be selected
by the Secretary.
(c) Authorization of Appropriation.--There is authorized to be
appropriated an amount not to exceed $25,000 to carry out this section.
SEC. 3. DUPLICATE MEDALS.
(a) Striking and Sale.--The Secretary of the Treasury may strike
and sell duplicates in bronze of the gold medal struck pursuant to
section 2 under such regulations as the Secretary may prescribe, at a
price sufficient to cover the cost of such duplicates and the gold
medal, including labor, materials, dies, use of machinery, and overhead
expenses.
(b) Reimbursement of Appropriation.--The appropriation used to
carry out section 2 shall be reimbursed out of the proceeds of sales
under subsection (a).
SEC. 4. NATIONAL MEDALS.
The medals struck pursuant to this Act are national medals for
purposes of chapter 51 of title 31, United States Code. | Authorizes the President, on behalf of the Congress, to present a gold medal to Mrs. Lorraine Gillespie, in memory of her late husband John Birks "Dizzy" Gillespie in recognition of his accomplishments as a musician. Authorizes appropriations.
Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal. | {"src": "billsum_train", "title": "A bill to award a congressional gold medal in honor of the late John Birks \"Dizzy\" Gillespie."} | 1,105 | 84 | 0.378773 | 1.086634 | 0.004457 | 3.5 | 14.96875 | 0.84375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom to Fish Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Recreational fishing is traditionally one of the most
popular outdoor sports with more than 50,000,000 participants
of all ages, in all regions of the country.
(2) Recreational fishing makes a substantial contribution
to the local, State, and national economies. According to the
most recent economic figures, recreational fishing infuses
$116,000,000,000 annually into the national economy.
Nationally, over 1,200,000 jobs are related to recreational
fishing; this represents approximately 1 percent of the
nation's entire civilian work force. For those communities and
small businesses that rely on seasonal tourism, the
expenditures of recreational anglers result in substantial
benefits to the local economies.
(3) Recreational anglers have long demonstrated a
conservation ethic through their support of reasonable
fisheries management laws and regulations including minimum
size requirements, possession limits, and seasonal closures, as
well as through their voluntary practice of catch-and-release
fishing when appropriate.
(4) In addition to payment of Federal excise taxes on
fishing equipment, motorboats, and fuel, as well as license
fees, recreational anglers contribute over $500,000,000
annually to State fisheries conservation management programs
and projects.
(5) It is a long standing policy of the Federal Government
to allow public access to public lands and waters for
recreational purposes consistent with sound conservation. This
policy is reflected in the National Forest Management Act of
1976, the National Wildlife Refuge System Administration Act of
1966, the Wilderness Act, the Wild and Scenic Rivers Act, and
the National Parks and Recreation Act of 1978.
(6) In most instances, recreational fishery resources can
be maintained through a variety of management measures
including minimum size requirements, possession limits, and
seasonal closures, without restricting public access to places
to fish.
(7) Comprehensive standards must be established to
demonstrate to the public that recreational fishing can be
managed effectively without unnecessarily closing marine waters
and to direct the implementation, use, and monitoring of marine
protected areas.
SEC. 3. POLICY.
Consistent with sound marine conservation, it is the policy of the
Congress in this Act--
(1) to create standards to direct the implementation, use,
and monitoring of marine protected areas;
(2) to ensure that all Federal regulations promote open
access for recreational fishing to the maximum extent
practicable;
(3) to ensure that recreational anglers will be actively
involved in any regulatory procedures that contemplate
restrictions on their access to places to fish; and
(4) to ensure that whenever access to fishing places is
restricted, the restricted areas are as small as scientifically
necessary to provide for the conservation of the fishery
resource.
SEC. 4. MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT
AMENDMENT.
Section 303(a) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1853(a)) is amended--
(1) by striking ``and'' after the semicolon in paragraph
(13);
(2) by striking ``fishery.'' in paragraph (14) and
inserting ``fishery; and;''; and
(3) by adding at the end the following:
``(15) not establish areas closed to recreational fishing
unless--
``(A) there is a clear indication that recreational
fishermen are the cause of a specific conservation
problem and that less severe conservation measures,
including minimum size requirements, possession limits,
seasonal closures, or gear restrictions, will not
adequately provide for conservation and management of
the affected stocks of fish as determined by the
appropriate Regional Fishery Management Council;
``(B) the closed area regulation includes specific
measurable criteria to determine the conservation
benefit of the closed area on the affected stocks of
fish and provides a timetable for periodic review of
the continued need for the closed area at least once
every 3 years;
``(C) the closed area is no larger than that which
is supported by the best available scientific
information; and
``(D) provisions are made to reopen the closed area
to recreational fishing whenever the basis of the
closure no longer exists.''. | Freedom to Fish Act - Amends the Magnuson-Stevens Fishery Conservation and Management Act to prohibit any fishery management plan prepared by a Regional Fishery Management Council or the Secretary of Commerce from establishing areas closed to recreational fishing unless: (1) there is a clear indication that recreational fishermen are the cause of a specific conservation problem and that less severe conservation measures will not adequately provide for conservation and management of the affected stocks of fish; (2) the closed area regulation includes specific measurable criteria to determine the conservation benefit of the closed area on such fish and provides a timetable for periodic review of the continued need for the closed area; (3) the closed area is no larger than that which is supported by the best available scientific information; or (4) provision is made to reopen the closed area to recreational fishing whenever any such condition that was the basis of the closure no longer exists. | {"src": "billsum_train", "title": "To protect the public's ability to fish for sport, and for other purposes."} | 898 | 186 | 0.440052 | 1.303591 | 0.692695 | 5.05814 | 5.145349 | 0.918605 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Responsible Student Loan Solutions
Act''.
SEC. 2. STUDENT LOAN AFFORDABILITY.
(a) Terms and Conditions of Federal Direct Loans.--Section 455 of
the Higher Education Act of 1965 (20 U.S.C. 1087e) is amended--
(1) in subsection (a), by adding at the end the following:
``(4) Federal direct stafford loan limits for new loans on
or after july 1, 2013.--
``(A) Aggregate loan limits.--Notwithstanding any
other provision of this Act, with respect to Federal
Direct Stafford Loans for which the first disbursement
is made on or after July 1, 2013, the aggregate unpaid
principal amount for all such loans made on or after
such date (and including Federal Direct Stafford Loans
first disbursed before such date) to any student shall
not at any time exceed--
``(i) $31,000, in the case of any dependent
student (except an undergraduate dependent
student whose parents are unable to borrow
under the Federal Direct PLUS Loan Program) who
has not successfully completed a program of
undergraduate education; or
``(ii) $57,500, in the case of any
independent student, or an undergraduate
dependent student whose parents are unable to
borrow under the Federal Direct PLUS Loan
Program, who has not successfully completed a
program of undergraduate education.
``(B) Annual loan limits.--Notwithstanding any
other provision of this Act, with respect to Federal
Direct Stafford Loans for which the first disbursement
is made on or after July 1, 2013, the maximum annual
amount for all such loans made on or after such date a
student who has not successfully completed a program of
undergraduate education may borrow in any academic year
shall not at any time exceed--
``(i) in the case of a dependent student
(except an undergraduate dependent student
whose parents are unable to borrow under the
Federal Direct PLUS Loan Program)--
``(I) who has not successfully
completed the first year of a program
of undergraduate education, $5,500;
``(II) who has successfully
completed such first year but has not
successfully completed the remainder of
a program of undergraduate education,
$6,500; and
``(III) who has successfully
completed the first and second years of
a program of undergraduate education
but has not successfully completed the
remainder of such program, $7,500; and
``(ii) in the case of an independent
student, or an undergraduate dependent student
whose parents are unable to borrow under the
Federal Direct PLUS Loan Program--
``(I) who has not successfully
completed the first year of a program
of undergraduate education, $9,500;
``(II) who has successfully
completed such first year but has not
successfully completed the remainder of
a program of undergraduate education,
$10,500; and
``(III) who has successfully
completed the first and second years of
a program of undergraduate education
but has not successfully completed the
remainder of such program, $12,500.'';
(2) in subsection (b)--
(A) in paragraph (7)--
(i) in the paragraph heading, by inserting
``, and before july 1, 2013'' after ``2006'';
(ii) in subparagraph (A), by inserting
``and before July 1, 2013,'' after ``2006,'';
(iii) in subparagraph (B), by inserting
``and before July 1, 2013,'' after ``2006,'';
and
(iv) in subparagraph (C), by inserting
``and before July 1, 2013,'' after ``2006,'';
(B) by redesignating paragraphs (8) and (9) as
paragraphs (9) and (10), respectively; and
(C) by inserting after paragraph (7) the following:
``(8) Interest rates for new loans on or after july 1,
2013.--
``(A) Rates for fdsl and fdusl.--Notwithstanding
the preceding paragraphs of this subsection, for--
``(i) Federal Direct Stafford Loans for
which the first disbursement is made on or
after July 1, 2013, the applicable rate of
interest shall, during any 12-month period
beginning on July 1 and ending on June 30, be
determined on the preceding June 1 and be equal
to--
``(I) the bond equivalent rate of
91-day Treasury bills auctioned at the
final auction held prior to such June
1; plus
``(II) a percentage determined
under subparagraph (D),
except that such rate shall not exceed 6.8
percent; and
``(ii) Federal Direct Unsubsidized Stafford
Loans for which the first disbursement is made
on or after July 1, 2013, the applicable rate
of interest shall, during any 12-month period
beginning on July 1 and ending on June 30, be
determined on the preceding June 1 and be equal
to--
``(I) the bond equivalent rate of
91-day Treasury bills auctioned at the
final auction held prior to such June
1; plus
``(II) a percentage determined
under subparagraph (D),
except that such rate shall not exceed 8.25
percent.
``(B) Rates for plus loans.--Notwithstanding the
preceding paragraphs of this subsection, for Federal
Direct PLUS Loans for which the first disbursement is
made on or after July 1, 2013, the applicable rate of
interest shall, during any 12-month period beginning on
July 1 and ending on June 30, be determined on the
preceding June 1 and be equal to--
``(i) the bond equivalent rate of 91-day
Treasury bills auctioned at the final auction
held prior to such June 1; plus
``(ii) a percentage determined under
subparagraph (D),
except that such rate shall not exceed 8.25 percent.
``(C) Consolidation loans.--Notwithstanding the
preceding paragraphs of this subsection, for Federal
Direct Consolidation Loans for which the first
disbursement is made on or after July 1, 2013, the
applicable rate of interest shall, during any 12-month
period beginning on July 1 and ending on June 30, be
determined on the preceding June 1 and be equal to--
``(i) the bond equivalent rate of 91-day
Treasury bills auctioned at the final auction
held prior to such June 1; plus
``(ii) a percentage determined under
subparagraph (D),
except that such rate shall not exceed 8.25 percent.
``(D) Percentage determination.--Except as provided
in the flush text under clauses (i) and (ii) of
subparagraph (A), subparagraph (B), and subparagraph
(C), during each 12-month period beginning on July 1
and ending on June 30, beginning on July 1, 2013, the
Secretary shall determine a percentage for application
under clauses (i)(II) and (ii)(II) of subparagraph (A),
subparagraph (B)(ii), and subparagraph (C)(ii). In
carrying out this subparagraph, the Secretary may
determine different percentages for application under
each such clause or subparagraph, as long as such
percentages in the aggregate--
``(i) represent the total cost of
administering the Federal Direct Loan program
and borrower benefits; and
``(ii) result in such program being revenue
neutral for such 12-month period.''; and
(3) in subsection (c), by adding at the end the following:
``(3) Reduction of fee for federal direct plus loans.--
Notwithstanding paragraph (1), for any Federal Direct PLUS Loan
for which the first disbursement is made on or after July 1,
2013, the Secretary shall charge the borrower of the Loan an
origination fee of not more than 3 percent of the principal
amount of the loan.''.
(b) Refinancing.--Part D of title IV of the Higher Education Act of
1965 (20 U.S.C. 1087a et seq.) is amended by adding at the end the
following:
``SEC. 460A. REFINANCING.
``(a) Refinancing for PLUS Loans.--
``(1) Reissuing federal direct plus loans.--The Secretary
may reissue a Federal Direct PLUS Loan for which the first
disbursement was made before July 1, 2013, that is not in
default in order to permit the borrower to obtain the interest
rate provided under section 455(b)(8)(B).
``(2) Purchasing federal plus loans.--The Secretary may
purchase a Federal PLUS Loan that is not in default and reissue
such loan in order to permit the borrower to obtain the
interest rate provided under section 455(b)(8)(B).
``(3) Administrative fee.--The Secretary may charge a
borrower an amount not to exceed 0.5 percent of the principal
amount of the loan to be reissued or purchased to cover the
administrative cost of reissuing or purchasing such loan, which
amount shall be paid to the Secretary.
``(b) Refinancing for Stafford Loans.--
``(1) Reissuing federal direct stafford loans.--The
Secretary may reissue a Federal Direct Stafford Loan or a
Federal Direct Unsubsidized Stafford Loan for which the first
disbursement was made before July 1, 2013, that is not in
default in order to permit the borrower to obtain the interest
rate provided under section 455(b)(8)(A).
``(2) Purchasing federal stafford loans.--The Secretary may
purchase a Federal Stafford Loan or a Federal Unsubsidized
Stafford Loan that is not in default and reissue such loan in
order to permit the borrower to obtain the interest rate
provided under section 455(b)(8)(A).
``(3) Administrative fee.--The Secretary may charge a
borrower an amount not to exceed 0.5 percent of the principal
amount of the loan to be reissued or purchased to cover the
administrative cost of reissuing or purchasing such loan, which
amount shall be paid to the Secretary.''. | Responsible Student Loan Solutions Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to limit the unpaid amount of Direct Stafford loans that students may amass before completing their undergraduate education. Varies that limit on the basis of whether a student is a dependent student, independent student, or dependent student whose parents are unable to borrow a Direct PLUS loan. Limits the amount of Direct Stafford loans that students may borrow in any academic year before the completion of their undergraduate studies. Varies that limit on the basis of whether a student: (1) is a dependent student, independent student, or dependent student whose parents are unable to borrow a Direct PLUS loan; and (2) has or has not successfully completed the first year or first and second years of their undergraduate studies. Sets the annual interest rate on Direct loans at the bond equivalent rate on 91-day Treasury bills plus a percentage that: (1) represents the total cost of administering the Direct Loan program and borrower benefits, and (2) results in the program being revenue neutral for the applicable 12-month period. Allows the Secretary of Education to use different percentages under that formula for the Direct Stafford Loan, Unsubsidized Stafford Loan, PLUS Loan, and Consolidation Loan programs. Caps the annual interest rate for Direct Stafford loans at 6.8%, and for Direct Unsubsidized Stafford loans and Direct PLUS and Consolidation loans at 8.25% Directs the Secretary to charge the borrower of a Direct PLUS loan an origination fee of up to 3% of the loan principal. Limits the applicability of the preceding provisions to loans first disbursed on or after July 1, 2013. Authorizes the Secretary to refinance federal PLUS and Stafford loans to permit borrowers to obtain an interest rate determined pursuant to this Act's provisions. Allows the Secretary to charge borrowers an administrative fee for refinancing such loans that does not exceed 0.5% of the loan principal. | {"src": "billsum_train", "title": "Responsible Student Loan Solutions Act"} | 2,218 | 417 | 0.692693 | 2.193285 | 0.768925 | 2.353425 | 5.638356 | 0.873973 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``InterLATA Communication Improvements
Act of 1998''.
SEC. 2. STATE INTERSTATE COMMUNICATIONS AUTHORITY.
(a) Division of Authority for Interstate and Intrastate Services.--
Section 271(b)(1) of the Communications Act of 1934 (47 U.S.C. 271(b))
is amended by striking ``if the Commission approves'' and inserting
``if the Commission, with respect to interstate interLATA services, or
the State, with respect to intrastate interLATA services, approves''.
(b) Administrative Provisions.--Section 271(d) of the
Communications Act of 1934 (47 U.S.C. 271(d)) is amended--
(1) in paragraph (1)--
(A) in the heading of paragraph (1), by striking
``to commission'';
(B) by striking ``apply to the Commission for
authorization'' and inserting ``apply to the
Commission, with respect to interstate interLATA
services, or to the State, with respect to intrastate
interLATA services, for authorization''; and
(C) by striking the last sentence and inserting the
following: ``With respect to interstate interLATA
services, the application shall identify the
originating State for which authorization is sought.'';
(2) in the first sentence of paragraph (2)(A), by inserting
`` with respect to interstate interLATA services'' after
``under paragraph (1)'';
(3) in paragraph (2)(B)--
(A) by inserting ``on an application with respect
to interstate interLATA services'' after
``determination under this subsection''; and
(B) by adding at the end the following: ``The
Commission shall affirm the evaluation of the State
concerning such compliance, unless the Commission
determines by clear and convincing evidence that the
State evaluation was clearly erroneous in any material
respect.''; and
(4) by striking paragraphs (3) through (6) and inserting
the following:
``(3) Determination.--
``(A) In general.--Not later than 90 days after
receiving an application under paragraph (1), the
Commission, with respect to interstate interLATA
service, and the State, with respect to intrastate
interLATA service, shall issue a written determination
approving or denying the authorization requested in the
application. The Commission, with respect to interstate
interLATA service, and a State, with respect to
intrastate interLATA service, shall approve the
authorization requested in an application submitted
under paragraph (1) if it finds that--
``(i)(I) with respect to interstate
interLATA service, the Bell operating company's
compliance with subsection (c) has been
verified pursuant to subsection (d)(2)(B); or
``(II) with respect to intrastate interLATA
service, the State has determined that the
company is in compliance with subsection (c);
and
``(ii) the requested authorization is
consistent with the public interest,
convenience, and necessity.
``(B) Rule for determining public interest.--On or
after February 8, 1999, a determination--
``(i) by the Commission, with respect to
interstate interLATA service, that a Bell
operating company is in compliance with
subparagraph (A)(i)(I); or
``(ii) a State, with respect to intrastate
interLATA service, that a Bell operating
company is in compliance with subparagraph
(A)(i)(I);
shall be deemed to be in full satisfaction of the
public interest, convenience, and necessity
requirements of subparagraph (A)(ii) and section 214 of
the Act.
``(C) Statement of basis and written
determination.--The Commission, with respect to
interstate interLATA service, or a State, with respect
to intrastate interLATA service, shall state the basis
for its approval or denial of the application. Each
such approval or denial shall include a written
determination by the Commission or State indicating
whether the Bell operating company has complied with
each item of the competitive checklist and whether such
Bell operating company application has been determined
to be in the public interest, convenience, and
necessity.
``(4) Separate affiliate; safeguards compliance.--The
Commission, with respect to interstate interLATA service, shall
not approve the requested authorization unless it determines
that such requested authorization will be carried out in
accordance with section 272. In its written determination
approving or denying the requested authorization, the
Commission shall indicate whether it has determined the Bell
operating company to be in compliance with section 272.
``(5) Approval.--If a State fails to approve or disapprove
an application within the 90-day period specified in paragraph
(3), such application shall be deemed approved.
``(6) Judicial review.--Not later than 30 days after an
approval pursuant to paragraph (5), any aggrieved party may
bring an action in an appropriate Federal district court. The
court shall enter a judgment either affirming or reversing any
paragraph (5) approval. The court shall affirm such approval
unless such aggrieved party has demonstrated by clear and
convincing evidence that such Bell operating company has not
met the requirements of subsection (c)(2) with respect to the
subject application.
``(7) Limitation on commission and state.--Neither the
Commission nor any State may, by rule or otherwise, limit or
extend the terms used in the competitive checklist set forth in
subsection (c)(2)(B).
``(8) Publication.--Not later than 10 days after issuing a
determination under paragraph (3)--
``(A) the Commission, with respect to interstate
interLATA service, shall publish in the Federal
Register a brief description of its determination; and
``(B) the State, with respect to intrastate
interLATA service, shall make public, in a manner
consistent with applicable State law, its determination
accompanied by a brief description of such
determination.
``(9) Enforcement of conditions.--
``(A) Commission and state authority.--If, at any
time after the approval of an application under
paragraph (3), the Commission, with respect to
interstate interLATA service, or a State, with respect
to intrastate interLATA service, determines that a Bell
operating company has ceased to meet any of the
conditions required for such approval, after notice and
opportunity for a hearing--
``(i) the Commission or State, as the case
may be, may issue an order to such company to
correct the deficiency;
``(ii)(I) the Commission may impose a
penalty on such company pursuant to title V;
``(II) the State may impose any penalty
permitted by State law; or
``(iii) the Commission or State, as the
case may be, may suspend or revoke such
approval.
``(B) Receipt and review of complaints.--The
Commission with respect to interstate interLATA
service, and the State, with respect to intrastate
interLATA service, shall establish procedures for the
review of complaints concerning the failure by a Bell
operating company to meet conditions required for
approval under paragraph (3). Unless the parties
otherwise agree, the Commission shall act on each such
complaint within 90 days.
SEC. 3. PRESENCE OF COMPETITOR.
(a) Simplification of competitor presence test.--Paragraph (1) of
section 271(c) of the Communications Act of 1934 (47 U.S.C. 271(c)(1))
is amended to read as follows:
``(1) Access or statement.--A Bell operating company shall
be deemed to have met the requirements of this paragraph on and
after February 8, 1999. Prior to that date, a Bell operating
company meets the requirements of this paragraph if--
``(A) the Bell operating company is providing
access and interconnection to its network facilities
for the network facilities of one or more unaffiliated
competing providers of telephone exchange service (as
defined in section 3(47)(A), but excluding exchange
access) to residential and business subscribers; or
``(B) a statement of the terms and conditions that
the company generally offers to provide such access and
interconnection has been approved or permitted to take
effect by the State commission under section 252(f).''.
(b) Conforming Amendments.--Section 271(c)(2) is amended--
(1) by striking the heading of subparagraph (A) and
inserting ``Access or statement required''; and
(2) in subparagraph (A)(i)(I), by striking ``pursuant to
one or more agreements'' and inserting ``as''.
SEC. 4. RESALE.
Section 271(b) of the Communications Act of 1934 (47 U.S.C. 271(b))
is amended by adding at the end the following:
``(5) Resale.--On or after February 8, 1999, a Bell
operating company may provide interstate and intrastate
interLATA services originating in any State through the
purchase and resale of telecommunications services obtained
from a person who is not affiliated with such Bell operating
company.''
SEC. 5. INCIDENTAL INTERLATA SERVICES.
(a) Data Communications and International Services.--Section 271(g)
of the Communications Act of 1934 (47 U.S.C. 271(g)) is amended--
(1) by striking ``or'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting a semicolon; and
(3) by adding at the end thereof the following:
``(7) of data communication; and
``(8) of any international telecommunications or
information service.''.
(b) Definition of Data Services.--Section 271(i) of the
Communications Act of 1934 is amended by adding at the end the
following:
``(4) Data communication.--The term `data communication'
means the transmission of writing, signs, signals, pictures,
and sounds of all kinds by aid of wire, cable, radio, or other
like connection between the points of origin and reception of
such transmission, including the instrumentalities, facilities,
apparatus, and services (among other things, the receipt,
forwarding, and delivery of communications) incidental to such
transmission, except for 2-way voice conversations.''.
(c) Conforming Amendment.--Section 272(a)(2)(B)(i) of the
Communications Act of 1934 (47 U.S.C. 272(a)(2)(B)(i)) is amended by
striking ``(1), (2), (3), (5), and (6)'' and inserting ``(1) through
(8)''.
SEC. 6. REVISION OF COMMISSION REGULATIONS.
The Federal Communications Commission shall revise its regulations
to clarify that Internet traffic carried by local exchange carriers is
interstate in nature for purposes of the reciprocal compensation
provisions of section 251(b)(5) of the Communications Act of 1934 (47
U.S.C. 251(b)(5)). | InterLATA Communication Improvements Act of 1998 - Amends the Communications Act of 1934 (the Act) to authorize a State to approve the application of a Bell operating company (BOC) to provide intrastate interLATA services originating in any of its in-region States. Provides administrative authority for a State to receive, evaluate, and approve or disapprove such an application, requiring the Federal Communications Commission (FCC) to affirm a State's evaluation unless it determines that it was clearly erroneous in a material respect.
Requires the FCC, with respect to interstate interLATA service, or a State, with respect to intrastate interLATA service, to include in its decision a basis for approval or denial, together with a written determination indicating whether the BOC has complied with each competitive requirement and whether the application is in the public interest, convenience, and necessity. Requires separate affiliation for the BOCs involved. Requires a State to approve or disapprove an application within 90 days, subject to judicial review. Prohibits the FCC or a State from limiting or extending the terms used in the competitive checklist for application approval or denial. Requires both the FCC and the State to: (1) publish application determinations; and (2) enforce any conditions required for such approval.
Deems a BOC to have met the requirements for the presence of a competitor on and after February 8, 1999. States that a BOC meets such requirements before such date if: (1) the BOC is providing access and interconnection to its network facilities for the network facilities of one or more unaffiliated competing providers of telephone exchange service; or (2) a statement of the terms and conditions under which the company generally offers to provide such access and interconnection has been approved or permitted to take effect by the appropriate State commission.
Authorizes a BOC, on or after February 8, 1999, to provide interstate and intrastate interLATA services originating in any State through the purchase and resale of telecommunications services obtained from a person who is not affiliated with such BOC.
Includes data communications and international telecommunications or information services within the definition of incidental interLATA services.
Directs the FCC to revise its regulations to clarify that Internet traffic carried by local exchange carriers is interstate in nature for purposes of reciprocal compensation provisions of the Act. | {"src": "billsum_train", "title": "InterLATA Communication Improvements Act of 1998"} | 2,479 | 535 | 0.622468 | 2.046734 | 0.769999 | 3.663636 | 4.988636 | 0.886364 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Oversight and Audit of
Agency Rulemaking Actions Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) Federal regulations have had a positive impact in
protecting the environment and health and safety of all
Americans; however uncontrolled increases in the costs that
regulations place on the economy, including costs associated
with duplicative, overlapping, and inconsistent regulations,
cannot be sustained;
(2) the legislative branch has an oversight responsibility
to see that laws it passes are properly implemented by the
executive branch;
(3) in order for the legislative branch to fulfill its
legislative and oversight responsibilities, it must have
accurate and reliable information on which to base its
decisions; and
(4) effective implementation of chapter 8 of title 5 of the
United States Code (relating to Congressional review of agency
rulemaking) is essential to controlling the regulatory burden
that the Government places on the economy.
SEC. 3. DEFINITIONS.
For purposes of Act:
(1) Agency.--The term ``agency'' has the meaning given such
term under section 551(1) of title 5, the United States Code;
(2) Comptroller general.--The term ``Comptroller General''
means the Comptroller General of the United States.
(3) Economically significant.--The term ``economically
significant rule'' means any proposed, final, or interim rule--
(A) that may have an annual effect on the economy
of $100,000,000 or more or adversely affect in a
material way the economy, a sector of the economy,
productivity, competition, jobs, the environment,
public health or safety, or State, local, tribal
governments, small businesses, or communities; or
(B) for which an agency has prepared an initial or
final regulatory flexibility analysis pursuant to
section 603 or 604 of title 5 of the United States
Code.
(4) Audit and assessment.--The term ``audit and
assessment'' means a review of the agency's underlying
assessments and assumptions used in developing a rule.
SEC. 4. PERFORMANCE OF CONGRESSIONAL REVIEW FUNCTIONS BY THE GENERAL
ACCOUNTING OFFICE PILOT PROGRAM.
(a) In General.--A pilot project shall be established by the
Comptroller General of the United States under which the Comptroller
General may review a published economically significant proposed or
interim rule at the request of a committee of either House of Congress
with jurisdiction over the subject matter of the rule.
(b) Independent Audit and Assessment.--The independent audit and
assessment of an economically significant rule by the Comptroller
General shall consist of the following:
(1) Analysis regarding potential benefits.--An analysis of
the agency's and the public's assessment of the potential
benefits of the rule, including any beneficial effects that
cannot be quantified in monetary terms and the identification
of the persons or entities likely to receive the benefits. Such
analysis may include, upon the request of the Committee, the
Comptroller General's development of a separate benefit
assessment based on the data available to the agency, including
data generated after publication of the rule in the Federal
Register.
(2) Analysis regarding potential costs.--An analysis of the
agency's and public's assessment of the potential costs of the
rule, including any adverse effects that cannot be quantified in
monetary terms and the identification of the persons or entities likely
to bear the costs. Such analysis may include, upon the request of the
Committee, the Comptroller General's development of a separate cost
assessment based on the data available to the agency, including data
generated after publication of the rule in the Federal Register.
(3) Analysis of alternatives.--An analysis of the agency's
and the public's alternative approaches that could achieve the
objectives of the agency in a more cost effective manner. For
each such alternative assessed, the Comptroller General shall
state whether current law forecloses the agency from selecting
a particular alternative. Such an analysis may include, upon
the request of the Committee, the development of separate
alternatives by the Comptroller that were not cited by the
agency or submitted by the public to the agency.
(4) Analysis and assessment of impact statement or
report.--An analysis and assessment of any impact statement or
report prepared by the agency, including those reports and
assessments mandated by executive orders or statutes, as part
of the rulemaking, including any assessment of impacts on State
and local governments.
(5) List of analyses, groups, entities, and sources
consulted.--A list of all analyses, groups, entities, and
sources consulted in developing the analyses and assessments
set forth in paragraphs (1), (2), (3), and (4).
(c) Procedures for Priorities of Requests.--The Comptroller General
shall have discretion to develop procedures for determining the
priority and number of requests for review under subsection (a) for
which a report will be submitted under subsection (e).
(d) Agency Cooperation and Comments.--Upon request of the
Comptroller General, each agency shall provide any available or
existing records, information, or data upon which the agency relied in
developing an economically significant rule. The agency may provide
records, information, and data not requested by the Comptroller General
but which the agency determines are relevant to its development of an
economically significant rule.
(e) Submission of Report.--
(1) Interim audit.--The Comptroller General shall submit an
interim audit to the Committee requesting the report 30 days
after the close of the comment period unless the final
regulation must issue less than 120 days from the date of
publication of the proposed or interim rule in which case the
report shall issue within 10 days after the close of the
comment period. The interim audit shall contain the assessments
set forth in paragraphs (1) through (4) of subsection (b) for
the proposed rule. The agency shall not be required to consider
any alternatives in this report in the development of a final
rule to the extent that the agency determines that it cannot
consider the alternative under established law.
(2) Final audit.--The Comptroller General shall prepare and
transmit an independent audit containing the assessments and
analyses set forth in paragraphs (1) through (4) of subsection
(b) on the final rule within 30 days after publication in the
Federal Register. In addition to the required analyses and
assessments, the Comptroller General shall provide a summary of
the differences, to the extent such differences exist, between
the proposed and final rule. The Comptroller General may
incorporate any material in the final report that the
Comptroller General utilized in preparing the interim report
pursuant to paragraph (1).
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Comptroller General
to carry out this Act $5,200,000 for the fiscal year 2001.
SEC. 6. EFFECTIVE DATE AND DURATION OF PILOT PROJECT.
(a) Effective Date.--This Act shall take effect 90 days after the
date of enactment of this Act.
(b) Duration of Pilot Project.--The pilot project established under
section 4(a) shall continue for a period of 5 years if, in each fiscal
year or portion thereof included in that period, a specific annual
appropriation of not less than $5,200,000 or the pro-rated equivalent
thereof shall have been made for the pilot project.
(c) Report.--Before the conclusion of the 5-year period referred to
in subsection (b), the Comptroller General shall submit to Congress a
report reviewing the effectiveness of the pilot project and what, if
any, changes should be made to the procedures set forth in section 4
and recommending whether or not Congress should permanently authorize
the pilot project. | Requires that an independent audit and assessment of such a rule by the Comptroller General shall consist of: (1) an analysis of the agency's and the public's assessment of the potential benefits and costs of the rule and of alternative approaches that could achieve the agency's objectives in a more cost effective manner; (2) an analysis and assessment of any impact statement or report prepared by the agency as part of the rulemaking, including any assessment of impacts on State and local governments; and (3) a list of all analyses, groups, entities, and sources consulted in developing the analyses and assessments described above.
Grants the Comptroller General discretion to develop procedures for determining the priority and number of requests for review.
Requires each agency, upon request of the Comptroller General, to provide any available or existing records, information, or data upon which the agency relied in developing such a rule. Requires the Comptroller General to transmit an independent audit containing the prescribed assessments and analyses on a final rule, together with a summary of the differences between the proposed and final rule, within 30 days after publication in the Federal Register.
Authorizes appropriations.
Provides for the pilot project established under this Act to continue for a five-year period if specified appropriations are provided. Requires the Comptroller General to report to Congress on such project's effectiveness and on whether it should be authorized permanently. | {"src": "billsum_train", "title": "Congressional Oversight and Audit of Agency Rulemaking Actions Act"} | 1,678 | 312 | 0.591264 | 1.740826 | 0.738723 | 4.501859 | 5.832714 | 0.947955 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Appalachian Development Highway
System Act of 2011''.
SEC. 2. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.
(a) Authorization of Appropriations.--There is authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account) for the Appalachian development highway system program under
section 14501 of title 40, United States Code, $1,080,000,000 for each
of fiscal years 2012 through 2017.
(b) Apportionment.--The Secretary shall apportion funds made
available by subsection (a) for fiscal years 2012 through 2017 among
the States based on the latest available cost-to-complete estimate for
the Appalachian development highway system under section 14501 of title
40, United States Code, prepared by the Appalachian Regional
Commission.
(c) Applicability of Title 23.--Subject to subsection (d)(2), funds
made available by subsection (a) shall be available for obligation in
the same manner as if the funds were apportioned under chapter 1 of
title 23, United States Code, except that--
(1) the Federal share of the cost of any project carried
out using the funds shall be determined in accordance with
section 14501 of title 40, United States Code; and
(2) the funds shall remain available until expended.
(d) Availability of Funds.--
(1) In general.--Notwithstanding any other provision of law
enacted before, on, or after the date of enactment of this Act,
any obligation limitation enacted for any of fiscal years 2012
through 2017 shall not apply to obligations authorized for the
Appalachian development highway system program under section
14501 of title 40, United States Code.
(2) Reallocation.--Any amounts made available to a State
under this section or any other provision of law for the
Appalachian development highway system under section 14501 of
title 40, United States Code, that remain unobligated by the
State as of the date that is 5 years after the date on which
the funds were made available shall be--
(A) returned to the Secretary; and
(B) reallocated among the remaining States in
accordance with section 14501 of title 40, United
States Code.
(e) Loans Between States.--
(1) In general.--On notice to the Secretary of
Transportation, a State that receives an apportionment under
subsection (b) may lend any amount of contract authority or
obligation authority available to the State pursuant to the
apportionment to any other State that is eligible for such an
apportionment for use by the borrowing State for activities
eligible under section 14501 of title 40, United States Code.
(2) Repayment.--Any loan under paragraph (1) shall be
repaid in accordance with a loan repayment agreement that is
entered into by the affected States and agreed to by the
Secretary.
(f) Purposes.--Section 104(a) of title 23, United States Code, is
amended by striking paragraph (2) and inserting the following:
``(2) Purposes.--
``(A) Federal-aid highway and other programs.--The
funds authorized by this subsection shall be used to
administer the provisions of law to be financed from
appropriations for the Federal-aid highway program and
programs authorized under chapter 2.
``(B) Appalachian development highway system.--In
any case in which an apportionment is made of the
amounts made available for expenditure for the
Appalachian development highway system program under
section 14501 of title 40, from amounts made available
from the Highway Trust Fund for the Appalachian
development highway system, the Secretary shall
transfer to the Appalachian Regional Commission such
sums as the Appalachian Regional Commission determines
to be appropriate, not to exceed $3,000,000 for each
fiscal year, for administrative and planning activities
associated with the Appalachian development highway
system.''.
(g) Equity Bonus Program.--Section 105 of title 23, United States
Code, is amended--
(1) in subsection (a)(2)--
(A) by striking subparagraph (J); and
(B) by redesignating subparagraphs (K) through (N)
as subparagraphs (J) through (M), respectively; and
(2) in subsection (b)(2)--
(A) in subparagraph (I), by adding ``and'' at the
end;
(B) by striking subparagraph (J); and
(C) by redesignating subparagraph (K) as
subparagraph (J). | Appalachian Development Highway System Act of 2011 - Authorizes appropriations out of the Highway Trust Fund (other than the Mass Transit Account) for FY2012-FY2017 for the Appalachian development highway system program. Directs the Secretary of Transportation (DOT) to apportion such funds among the appropriate states to complete construction of the Appalachian development highway system.
Requires amounts made available to a state that remain unobligated five years later to be returned to the Secretary and reallocated among the remaining states.
Authorizes states of the system to loan apportioned amounts between themselves. | {"src": "billsum_train", "title": "A bill to complete construction of the 13-State Appalachian development highway system, and for other purposes."} | 1,007 | 136 | 0.676544 | 1.916194 | 0.623073 | 3.852941 | 8.696078 | 0.892157 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Quality Cancer Care
Demonstration Project Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In order to ensure the delivery of quality, cost-
efficient medical care, Medicare must transform the payment
system to one based on evidence-based guidelines and
demonstrated quality delivery of care.
(2) An Institute of Medicine report entitled ``Ensuring
Quality Cancer Care'' recommends that the following items are
essential components in quality cancer care delivery:
(A) An agreed-upon treatment plan that outlines the
goals of care.
(B) Access to clinical trials.
(C) Policies to ensure full disclosure of
information about appropriate treatment options to
patients.
(D) A mechanism to coordinate services.
(3) Additionally, the report notes the importance of
ensuring quality of care at the end of life, in particular, the
management of cancer-related pain and timely referral to
palliative and hospice care.
(4) According to the Institute of Medicine, the quality of
cancer care must be measured by using a core set of quality
measures. Cancer care quality measures should be used to hold
providers, including health care systems, health plans, and
physicians, accountable for demonstrating that they provide and
improve quality of care.
(5) Although two of the critical components of cancer care
are treatment planning and end-of-life care, none of the 153
quality measures in the Centers for Medicare & Medicaid
Services (CMS) 2009 Physician Quality Reporting Initiative
(PQRI) addresses overall treatment planning or end-of-life care
for cancer patients.
(6) The medical literature suggests that adherence to
quality metrics and evidence-based guidelines help lower costs
by reducing use of physician services, hospitalizations, and
supplemental and expensive drugs.''
SEC. 3. MEDICARE QUALITY CANCER CARE DEMONSTRATION PROJECT.
(a) Establishment.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall establish a
quality cancer care demonstration project under this section (in this
section referred to as the ``QCCD project'') for the purpose of
establishing quality metrics and aligning Medicare payment incentives
in the areas of treatment planning and end-of-life care for Medicare
beneficiaries with cancer.
(b) Test Metrics and Reporting Systems Through a Pay-for-Reporting
Incentive Program.--Under the QCCD project, the Secretary shall do the
following:
(1) Identify and address gaps in current quality measures
related to the areas of active treatment planning and end-of-
life care by refining the performance measures described in
paragraphs (1) and (2) of subsection (d) relating to active
treatment planning and end-of-life care for clinician-level
reporting.
(2) Explore the potential to report quality data through
registries or other electronic means for treatment planning and
end-of-life care data, including identifying data elements
necessary to measure quality of treatment planning and end-of-
life care and determine how those elements could be collected
through claims data or registries or other electronic means.
(3) Test and validate identified treatment planning and
end-of-life quality measures through a pay-for-reporting
program with oncologists, which program--
(A) ensures that oncologists are able to accurately
report on measures through simple HCPCS coding
mechanisms; and
(B) tests processes of submitting treatment
planning and end-of-life measures through registries or
other electronic means.
(c) Incentive Payment.--
(1) In general.--Under the QCCD project, the Secretary
shall provide for a separate payment under section 1848 of the
Social Security Act (42 U.S.C. 1395w-4), to be divided into a
baseline payment amount and an additional payment amount, as
specified by the Secretary, for a treatment planning code and
for an end-of-life code. The amount of such payments under the
project shall be designed to total $300,000,000 each year.
Payments under the project shall be designed to be paid on an
ongoing basis as claims are submitted.
(2) Requirement to satisfy baseline mandatory measures to
receive baseline payment.--In order for a physician to receive
any payment under the QCCD project for treatment planning or
end-of-life care, a physician must report in a manner specified
under the project that all of the baseline mandatory measures
described in paragraph (1)(A) or (2)(A), respectively, of
subsection (d) were satisfied.
(3) Requirement to satisfy all measures to receive
additional payment.--In order for a physician to receive the
additional payment amount described in paragraph (1) under this
subsection for treatment planning or end-of-life care, a
physician must report in a manner specified under the project
that all of measures described in paragraph (1) or (2),
respectively, of subsection (d) were satisfied.
(d) Measures.--
(1) Treatment planning measures.--The specific measures
related to treatment planning and any subsequent modifications
described in this paragraph are as follows:
(A) Baseline mandatory measures.--
(i) Documented pathology report.
(ii) Documented clinical staging prior to
initiation of first course of treatment.
(iii) Performed treatment education by
oncology nursing staff.
(iv) Provided the patient with a written
care plan for patients in active treatment,
which advises patient of relevant options.
(B) Augmented.--
(i) Implemented practice-endorsed treatment
plan consistent with nationally recognized
evidence based guidelines.
(ii) Documented clinical trial discussed
with the patient, or that no clinical trial
available.
(iii) Documented discussion or coordination
with other physicians involved in the patient's
care.
(2) End-of-life care measures.--The specific measures
related to end-of-life care described in this paragraph are as
follows:
(A) Baseline mandatory.--
(i) Documented advanced care planning
session with the patient.
(ii) Symptoms assessed and addressed.
(iii) Recommended the patient to hospice
program, whether for institutional or home-
based hospice care.
(B) Augmented.--
(i) Documented no acute care hospital
admissions (including admission to an emergency
room or intensive care unit but excluding
admission to a hospice or palliative care unit)
within 30 days of death.
(ii) Advanced directive discussion with the
patient documented in the physician's records
and, if agreed to, inclusion of an advanced
directive in such records.
(iii) Documented that no chemotherapy
administered within 30 days of death.
(e) Duration of Project.--
(1) In general.--The Secretary shall conduct the
demonstration project over a sufficient period (of not less
than 2 years) to allow for refinement of metrics and reporting
methodologies and for analyses. The project shall continue,
subject to paragraph (2), to operate until the Secretary has
developed and implemented under part B of the Medicare program
a payment system that relates payment under such part for
professional oncology services to performance on measures
developed and refined under the demonstration project.
(2) Transition.--The Secretary shall provide for a
transition period over the course of 2 years during which
oncologists are permitted to transition from the payment system
under the demonstration project to the payment system described
in paragraph (1).
(f) Project Evaluation.--
(1) In general.--The Secretary shall conduct an evaluation
of the QCCD project--
(A) to determine oncologist participation in the
project;
(B) to assess the cost effectiveness of the
project, including an analyses of the cost savings (if
any) to the Medicare part A and B programs resulting
from a general reduction in physician services,
hospitalizations, and supplemental care drug costs;
(C) to compare outcomes of patients participating
in the project to outcomes for those not participating
in the project;
(D) to determine the satisfaction of patients
participating in the project; and
(E) to evaluate other such matters as the Secretary
determines is appropriate.
(2) Reporting.--Not later than 90 days after the completion
of the second year following the commencement of the QCCD
project, the Secretary shall submit to Congress a report on the
evaluation conducted under paragraph (1) together which such
recommendations for legislation or administrative action as the
Secretary determines is appropriate. | Medicare Quality Cancer Care Demonstration Project Act of 2009 - Directs the Secretary of Health and Human Services to establish a quality cancer care demonstration project for the purpose of establishing quality metrics and aligning payment incentives under title XVIII (Medicare) of the Social Security Act in the areas of treating planning and end-of-life care for Medicare beneficiaries with cancer. | {"src": "billsum_train", "title": "To improve the quality and cost effectiveness of cancer care to Medicare beneficiaries by establishing a national demonstration project."} | 1,803 | 81 | 0.613691 | 1.581058 | 1.346922 | 4.477612 | 25.940299 | 0.955224 |
SECTION 1. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND VETERANS'
DISABILITY COMPENSATION FOR CERTAIN ADDITIONAL MILITARY
RETIREES WITH COMPENSABLE SERVICE-CONNECTED DISABILITIES.
(a) Extension of Concurrent Receipt Authority to Retirees With
Service-Connected Disabilities Rated Less Than 50 Percent.--Subsection
(a) of section 1414 of title 10, United States Code, is amended--
(1) by striking ``Compensation'' in the subsection heading
and all that follows through ``Subject'' and inserting
``Compensation.--Subject''; and
(2) by striking paragraph (2).
(b) Repeal of Phase-In of Concurrent Receipt of Retired Pay and
Veterans' Disability Compensation.--Such section is further amended--
(1) in subsection (a), as amended by subsection (a) of this
section, by striking the final sentence;
(2) by striking subsection (c) and redesignating
subsections (d) and (e) as subsections (c) and (d),
respectively; and
(3) in subsection (d), as so redesignated, by striking
paragraphs (3) and (4).
(c) Clerical Amendments.--
(1) Section heading.--The heading for section 1414 of such
title is amended to read as follows:
``Sec. 1414. Members eligible for retired pay who are also eligible for
veterans' disability compensation: concurrent payment of
retired pay and disability compensation''.
(2) Table of sections.--The item relating to such section
in the table of sections at the beginning of chapter 71 of such
title is amended to read as follows:
``1414. Members eligible for retired pay who are also eligible for
veterans' disability compensation:
concurrent payment of retired pay and
disability compensation.''.
(d) Effective Date.--The amendments made by this section shall take
effect as of January 1, 2012, and shall apply to payments for months
beginning on or after that date.
SEC. 2. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-RELATED SPECIAL
COMPENSATION AND CONCURRENT RECEIPT.
(a) Eligibility for TERA Retirees.--Subsection (c) of section 1413a
of title 10, United States Code, is amended by striking ``entitled to
retired pay who--'' and all that follows through the end of paragraph
(1) and inserting ``who--
``(1) is entitled to retired pay, other than a member
retired under chapter 61 of this title with less than 20 years
of service creditable under section 1405 of this title and less
than 20 years of service computed under section 12732 of this
title; and''.
(b) Amendments To Standardize Similar Provisions.--
(1) Clerical and conforming amendments.--Section 1413a of
such title is further amended--
(A) in the heading for paragraph (3) of subsection
(b), by striking ``rules'' and inserting ``rule''; and
(B) in subsection (f), by striking ``Subsection
(d)'' and inserting ``Subsection (c)''.
(2) Specification of qualified retirees for concurrent
receipt purposes.--Section 1414 of such title, as amended by
section 3, is amended--
(A) in subsection (a)--
(i) by striking ``a member or'' and all
that follows through ``is entitled'' and
inserting ``an individual who is a qualified
retiree for any month is entitled''; and
(ii) by inserting ``retired pay and
veterans' disability compensation'' after
``both''; and
(B) in subsection (d), by adding at the end the
following new paragraph:
``(3) Qualified retiree.--The term `qualified retiree'
means a member or former member of the uniformed services who,
with respect to any month--
``(A) is entitled to retired pay, other than in the
case of a member retired under chapter 61 of this title
with less than 20 years of service creditable under
section 1405 of this title and less than 20 years of
service computed under section 12732 of this title; and
``(B) is entitled to veterans' disability
compensation.''.
(3) Standardization with crsc rule for chapter 61
retirees.--Subsection (b) of section 1414 of such title is
amended--
(A) by striking ``Special Rules'' in the subsection
heading and all that follows through ``is subject to''
and inserting ``Special Rule for Chapter 61 Disability
Retirees.--In the case of a qualified retiree who is
retired under chapter 61 of this title, the retired pay
of the member is subject to''; and
(B) by striking paragraph (2).
(c) Effective Date.--The amendments made by this section shall take
effect as of January 1, 2012, and shall apply to payments for months
beginning on or after that date.
SEC. 3. REPEAL OF REQUIREMENT OF REDUCTION OF SBP SURVIVOR ANNUITIES BY
DEPENDENCY AND INDEMNITY COMPENSATION.
(a) Repeal.--
(1) Repeal.--Subchapter II of chapter 73 of title 10,
United States Code, is amended as follows:
(A) In section 1450, by striking subsection (c).
(B) In section 1451(c)--
(i) by striking paragraph (2); and
(ii) by redesignating paragraphs (3) and
(4) as paragraphs (2) and (3), respectively.
(2) Conforming amendments.--Such subchapter is further
amended as follows:
(A) In section 1450--
(i) by striking subsection (e); and
(ii) by striking subsection (k).
(B) In section 1451(g)(1), by striking subparagraph
(C).
(C) In section 1452--
(i) in subsection (f)(2), by striking
``does not apply--'' and all that follows and
inserting ``does not apply in the case of a
deduction made through administrative error.'';
and
(ii) by striking subsection (g).
(D) In section 1455(c), by striking ``,
1450(k)(2),''.
(b) Prohibition on Retroactive Benefits.--No benefits may be paid
to any person for any period before the effective date provided under
subsection (f) by reason of the amendments made by subsection (a).
(c) Prohibition on Recoupment of Certain Amounts Previously
Refunded to SBP Recipients.--A surviving spouse who is or has been in
receipt of an annuity under the Survivor Benefit Plan under subchapter
II of chapter 73 of title 10, United States Code, that is in effect
before the effective date provided under subsection (f) and that is
adjusted by reason of the amendments made by subsection (a) and who has
received a refund of retired pay under section 1450(e) of title 10,
United States Code, shall not be required to repay such refund to the
United States.
(d) Repeal of Authority for Optional Annuity for Dependent
Children.--Section 1448(d)(2) of such title is amended--
(1) by striking ``Dependent children.--'' and all that
follows through ``In the case of a member described in
paragraph (1),'' and inserting ``Dependent children.--In the
case of a member described in paragraph (1),''; and
(2) by striking subparagraph (B).
(e) Restoration of Eligibility for Previously Eligible Spouses.--
The Secretary of the military department concerned shall restore
annuity eligibility to any eligible surviving spouse who, in
consultation with the Secretary, previously elected to transfer payment
of such annuity to a surviving child or children under the provisions
of section 1448(d)(2)(B) of title 10, United States Code, as in effect
on the day before the effective date provided under subsection (f).
Such eligibility shall be restored whether or not payment to such child
or children subsequently was terminated due to loss of dependent status
or death. For the purposes of this subsection, an eligible spouse
includes a spouse who was previously eligible for payment of such
annuity and is not remarried, or remarried after having attained age
55, or whose second or subsequent marriage has been terminated by
death, divorce or annulment.
(f) Effective Date.--This section and the amendments made by this
section shall take effect on the later of--
(1) October 1, 2011; or
(2) the first day of the first month that begins after the
date of the enactment of this Act.
SEC. 4. ELIMINATION OF FISCAL YEAR LIMITATION IN CONSIDERING ACTIVE
DUTY AND ACTIVE SERVICE FOR EARLY ELIGIBILITY FOR RECEIPT
OF NON-REGULAR SERVICE RETIRED PAY.
(a) Consideration of 90-Day Periods of Service.--Section
12731(f)(2)(A) of title 10, United States Code, is amended by striking
``below 60 years of age by three months for each aggregate of 90 days
on which such person so performs in any fiscal year after such date,
subject to subparagraph (C)'' and inserting ``, subject to subparagraph
(C), below 60 years of age by three months for each aggregate of 90
days on which such person serves on such active duty or performs such
active service after such date''.
(b) Retroactive Effective Date.--The amendment made by subsection
(a) shall take effect as of January 28, 2008, and as if included in the
National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181) as enacted. | Allows the receipt of both military retired pay and veterans' disability compensation with respect to any service-connected disability (under current law, only a disability rated at 50% or more). Repeals provisions phasing in the full concurrent receipt of such pay through December 31, 2013.
Makes eligible for the full concurrent receipt of both veterans' disability compensation and either military retired pay or combat-related special pay those individuals who were retired or separated from military service due to a service-connected disability.
Repeals certain provisions which require the offset of amounts paid in dependency and indemnity compensation from Survivor Benefit Plan (SBP) annuities for the surviving spouses of former military personnel who are entitled to military retired pay or who would be entitled to retired pay except for being under 60 years of age.
Prohibits requiring repayment of certain amounts previously paid to SBP recipients in the form of a retired pay refund.
Repeals the optional authority of (and instead requires) the Secretary of the military department concerned to pay an annuity to a member's dependent children when there is no eligible surviving spouse.
Directs the Secretary concerned to restore annuity eligibility to a surviving spouse who earlier agreed to transfer such eligibility to a surviving child or children of a member.
Removes the requirement that days of active duty or active service used to reduce the minimum age at which a member of the reserves may retire for non-regular (reserve) service must occur in the same fiscal year. | {"src": "billsum_train", "title": "To amend title 10, United States Code, to expand eligibility for concurrent receipt of military retired pay and veterans' disability compensation to include additional chapter 61 disability retirees, to coordinate eligibility for combat-related special compensation and concurrent receipt, to eliminate the reduction of SBP survivor annuities by dependency and indemnity compensation, and to enhance the ability of members of the reserve components who serve on active duty or perform active service to receive credit for such service in determining eligibility for early receipt of non-regular service retired pay."} | 2,248 | 321 | 0.54452 | 1.57026 | 0.720267 | 1.844523 | 6.798587 | 0.812721 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employee Pension Fairness
Act of 2015''.
SEC. 2. REPEAL OF FERS REVISED AND FURTHER REVISED ANNUITANT
CATEGORIES.
(a) Repeal of Annuity Computation.--Section 8415 of title 5, United
States Code, is amended by striking subsection (d).
(b) Repeal of Annuitant Categories.--Section 8422(a)(3) of title 5,
United States Code, is amended--
(1) by striking ``other than revised annuity employees or
further revised annuity employees''; and
(2) by striking subparagraphs (B) and (C).
(c) Repeal of Government Contributions.--Section 8423(a) of title
5, United States Code, is amended by striking paragraph (2) and
inserting the following:
``(2) In determining any normal-cost percentage to be
applied under this subsection, amounts provided for under
section 8422 shall be taken into account.''.
(d) Conforming Amendments.--Section 8401 of title 5, United States
Code, is amended--
(1) in paragraph (35)(B), by striking the semi-colon at the
end and inserting ``; and'';
(2) in paragraph (36), by striking ``; and'' at the end and
inserting a period; and
(3) by striking paragraphs (37) and (38).
(e) Application.--
(1) In general.--The amendments made by this section shall
apply on the first day of the first pay period beginning after
the date of enactment of this Act.
(2) Treatment of former revised or further revised
annuitants.--Any individual who, as of the date of enactment of
this Act, was a revised annuity employee or a further revised
annuity employee (but for the amendments made by this section)
shall be deemed to be an employee or Member (as those terms are
defined in section 8401 of title 5, United States Code) for
purposes of chapter 84 of such title.
SEC. 3. REPEAL OF FOREIGN SERVICE REVISED OR FURTHER REVISED ANNUITY
PARTICIPANT CATEGORIES.
(a) Repeal of Annuitant Categories.--Section 856(a) of the Foreign
Service Act of 1980 (22 U.S.C. 4071e(a)) is amended by striking
paragraph (2) and inserting the following:
``(2) The applicable percentage for a participant other than a
revised annuity participant or a further revised annuity participant
shall be as follows:
``7.5 Before January 1, 1999.
7.75 January 1, 1999, to December 31,
1999.
7.9 January 1, 2000, to December 31,
2000.
7.55 After January 11, 2003.''.
(b) Government Contribution.--Section 857 of the Foreign Service
Act of 1980 (22 U.S.C. 4071f) is amended by striking subsection (c).
(c) Conforming Amendments.--Section 852 of such Act is amended (22
U.S.C. 4071a)--
(1) by striking paragraphs (7) and (8); and
(2) by redesignating paragraphs (9), (10), and (11) as
paragraphs (7), (8), and (9), respectively.
(d) Application.--
(1) In general.--The amendments made by this section shall
apply on the first day of the first pay period beginning after
the date of enactment of this Act.
(2) Treatment of former revised or further revised
annuitants.--Any individual who, as of the date of enactment of
this Act, was a revised annuity participant or a further
revised annuity participant (but for the amendments made by
this section) shall be deemed to be a participant (as that term
is defined in section 852 of the Foreign Service Act of 1980
(22 U.S.C. 4071a)) for purposes of the Foreign Service pension
system.
SEC. 4. TREATMENT OF FOREIGN CORPORATIONS MANAGED AND CONTROLLED IN THE
UNITED STATES AS DOMESTIC CORPORATIONS.
(a) In General.--Section 7701 of the Internal Revenue Code of 1986
is amended by redesignating subsection (p) as subsection (q) and by
inserting after subsection (o) the following new subsection:
``(p) Certain Corporations Managed and Controlled in the United
States Treated as Domestic for Income Tax.--
``(1) In general.--Notwithstanding subsection (a)(4), in
the case of a corporation described in paragraph (2) if--
``(A) the corporation would not otherwise be
treated as a domestic corporation for purposes of this
title, but
``(B) the management and control of the corporation
occurs, directly or indirectly, primarily within the
United States,
then, solely for purposes of chapter 1 (and any other provision
of this title relating to chapter 1), the corporation shall be
treated as a domestic corporation.
``(2) Corporation described.--
``(A) In general.--A corporation is described in
this paragraph if--
``(i) the stock of such corporation is
regularly traded on an established securities
market, or
``(ii) the aggregate gross assets of such
corporation (or any predecessor thereof),
including assets under management for
investors, whether held directly or indirectly,
at any time during the taxable year or any
preceding taxable year is $50,000,000 or more.
``(B) General exception.--A corporation shall not
be treated as described in this paragraph if--
``(i) such corporation was treated as a
corporation described in this paragraph in a
preceding taxable year,
``(ii) such corporation--
``(I) is not regularly traded on an
established securities market, and
``(II) has, and is reasonably
expected to continue to have, aggregate
gross assets (including assets under
management for investors, whether held
directly or indirectly) of less than
$50,000,000, and
``(iii) the Secretary grants a waiver to
such corporation under this subparagraph.
``(3) Management and control.--
``(A) In general.--The Secretary shall prescribe
regulations for purposes of determining cases in which
the management and control of a corporation is to be
treated as occurring primarily within the United
States.
``(B) Executive officers and senior management.--
Such regulations shall provide that--
``(i) the management and control of a
corporation shall be treated as occurring
primarily within the United States if
substantially all of the executive officers and
senior management of the corporation who
exercise day-to-day responsibility for making
decisions involving strategic, financial, and
operational policies of the corporation are
located primarily within the United States, and
``(ii) individuals who are not executive
officers and senior management of the
corporation (including individuals who are
officers or employees of other corporations in
the same chain of corporations as the
corporation) shall be treated as executive
officers and senior management if such
individuals exercise the day-to-day
responsibilities of the corporation described
in clause (i).
``(C) Corporations primarily holding investment
assets.--Such regulations shall also provide that the
management and control of a corporation shall be
treated as occurring primarily within the United States
if--
``(i) the assets of such corporation
(directly or indirectly) consist primarily of
assets being managed on behalf of investors,
and
``(ii) decisions about how to invest the
assets are made in the United States.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning on or after the date which is 2 years
after the date of the enactment of this Act, whether or not regulations
are issued under section 7701(p)(3) of the Internal Revenue Code of
1986, as added by this section.
SEC. 5. MODIFICATIONS TO RULES RELATING TO INVERTED CORPORATIONS.
(a) In General.--Subsection (b) of section 7874 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(b) Inverted Corporations Treated as Domestic Corporations.--
``(1) In general.--Notwithstanding section 7701(a)(4), a
foreign corporation shall be treated for purposes of this title
as a domestic corporation if--
``(A) such corporation would be a surrogate foreign
corporation if subsection (a)(2) were applied by
substituting `80 percent' for `60 percent', or
``(B) such corporation is an inverted domestic
corporation.
``(2) Inverted domestic corporation.--For purposes of this
subsection, a foreign corporation shall be treated as an
inverted domestic corporation if, pursuant to a plan (or a
series of related transactions)--
``(A) the entity completes after May 8, 2014, the
direct or indirect acquisition of--
``(i) substantially all of the properties
held directly or indirectly by a domestic
corporation, or
``(ii) substantially all of the assets of,
or substantially all of the properties
constituting a trade or business of, a domestic
partnership, and
``(B) after the acquisition, either--
``(i) more than 50 percent of the stock (by
vote or value) of the entity is held--
``(I) in the case of an acquisition
with respect to a domestic corporation,
by former shareholders of the domestic
corporation by reason of holding stock
in the domestic corporation, or
``(II) in the case of an
acquisition with respect to a domestic
partnership, by former partners of the
domestic partnership by reason of
holding a capital or profits interest
in the domestic partnership, or
``(ii) the management and control of the
expanded affiliated group which includes the
entity occurs, directly or indirectly,
primarily within the United States, and such
expanded affiliated group has significant
domestic business activities.
``(3) Exception for corporations with substantial business
activities in foreign country of organization.--A foreign
corporation described in paragraph (2) shall not be treated as
an inverted domestic corporation if after the acquisition the
expanded affiliated group which includes the entity has
substantial business activities in the foreign country in which
or under the law of which the entity is created or organized
when compared to the total business activities of such expanded
affiliated group. For purposes of subsection (a)(2)(B)(iii) and
the preceding sentence, the term `substantial business
activities' shall have the meaning given such term under
regulations in effect on May 8, 2014, except that the Secretary
may issue regulations increasing the threshold percent in any
of the tests under such regulations for determining if business
activities constitute substantial business activities for
purposes of this paragraph.
``(4) Management and control.--For purposes of paragraph
(2)(B)(ii)--
``(A) In general.--The Secretary shall prescribe
regulations for purposes of determining cases in which
the management and control of an expanded affiliated
group is to be treated as occurring, directly or
indirectly, primarily within the United States. The
regulations prescribed under the preceding sentence
shall apply to periods after May 8, 2014.
``(B) Executive officers and senior management.--
Such regulations shall provide that the management and
control of an expanded affiliated group shall be
treated as occurring, directly or indirectly, primarily
within the United States if substantially all of the
executive officers and senior management of the
expanded affiliated group who exercise day-to-day
responsibility for making decisions involving
strategic, financial, and operational policies of the
expanded affiliated group are based or primarily
located within the United States. Individuals who in
fact exercise such day-to-day responsibilities shall be
treated as executive officers and senior management
regardless of their title.
``(5) Significant domestic business activities.--For
purposes of paragraph (2)(B)(ii), an expanded affiliated group
has significant domestic business activities if at least 25
percent of--
``(A) the employees of the group are based in the
United States,
``(B) the employee compensation incurred by the
group is incurred with respect to employees based in
the United States,
``(C) the assets of the group are located in the
United States, or
``(D) the income of the group is derived in the
United States,
determined in the same manner as such determinations are made
for purposes of determining substantial business activities
under regulations referred to in paragraph (3) as in effect on
May 8, 2014, but applied by treating all references in such
regulations to `foreign country' and `relevant foreign country'
as references to `the United States'. The Secretary may issue
regulations decreasing the threshold percent in any of the
tests under such regulations for determining if business
activities constitute significant domestic business activities
for purposes of this paragraph.''.
(b) Conforming Amendments.--
(1) Clause (i) of section 7874(a)(2)(B) of such Code is
amended by striking ``after March 4, 2003,'' and inserting
``after March 4, 2003, and before May 9, 2014,''.
(2) Subsection (c) of section 7874 of such Code is
amended--
(A) in paragraph (2)--
(i) by striking ``subsection
(a)(2)(B)(ii)'' and inserting ``subsections
(a)(2)(B)(ii) and (b)(2)(B)(i)'', and
(ii) by inserting ``or (b)(2)(A)'' after
``(a)(2)(B)(i)'' in subparagraph (B),
(B) in paragraph (3), by inserting ``or
(b)(2)(B)(i), as the case may be,'' after
``(a)(2)(B)(ii)'',
(C) in paragraph (5), by striking ``subsection
(a)(2)(B)(ii)'' and inserting ``subsections
(a)(2)(B)(ii) and (b)(2)(B)(i)'', and
(D) in paragraph (6), by inserting ``or inverted
domestic corporation, as the case may be,'' after
``surrogate foreign corporation''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after May 8, 2014. | Federal Employee Pension Fairness Act of 2015 Repeals provisions requiring federal employees, including foreign service employees, who began service after 2012 to pay an increased contribution (4.4%) for funding their annuities under the Federal Employees Retirement System. Amends the Internal Revenue Code to: (1) treat certain foreign corporations managed and controlled primarily in the United States as domestic corporations for U.S. tax purposes; and (2) revise rules for the taxation of inverted corporations (i.e., U.S. corporations that acquire foreign companies to reincorporate in a foreign jurisdiction with lower income tax rates than the United States). | {"src": "billsum_train", "title": "Federal Employee Pension Fairness Act of 2015"} | 3,201 | 155 | 0.428604 | 1.214158 | 0.643009 | 1.669903 | 28.067961 | 0.737864 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare, Medicaid, and MCH Tobacco
Cessation Promotion Act of 2001''.
SEC. 2. MEDICARE COVERAGE OF COUNSELING FOR CESSATION OF TOBACCO USE.
(a) Coverage.--Section 1861(s)(2) of the Social Security Act (42
U.S.C. 1395x(s)(2)), as amended by section 105(a) of the Medicare,
Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (as
enacted into law by section 1(a)(6) of Public Law 106-554), is
amended--
(1) in subparagraph (U), by striking ``and'' at the end;
(2) in subparagraph (V), by inserting ``and'' at the end;
and
(3) by adding at the end the following new subparagraph:
``(W) counseling for cessation of tobacco use (as defined
in subsection (ww));''.
(b) Services Described.--Section 1861 of the Social Security Act
(42 U.S.C. 1395x), as amended by section 105(b) of the Medicare,
Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (as
enacted into law by section 1(a)(6) of Public Law 106-554), is amended
by adding at the end the following new subsection:
``Counseling for Cessation of Tobacco Use
``(ww) The term `counseling for cessation of tobacco use' means the
following:
``(1)(A) Counseling for cessation of tobacco use for
individuals who have a history of tobacco use.
``(B) For purposes of subparagraph (A), the term
`counseling for cessation of tobacco use' means diagnostic,
therapy, and counseling services for cessation of tobacco use
which are furnished--
``(i) by or under the supervision of a physician;
or
``(ii) by any other health care professional who is
legally authorized to furnish such services under State
law (or the State regulatory mechanism provided by
State law) of the State in which the services are
furnished,
as would otherwise be covered if furnished by a physician or as
an incident to a physician's professional service.
``(C) The term `counseling for cessation of tobacco use'
does not include coverage for drugs or biologicals that are not
otherwise covered under this title.''.
(c) Payment and Elimination of Cost-Sharing for Counseling for
Cessation of Tobacco Use.--
(1) Payment and elimination of coinsurance.--Section
1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)),
as amended by section 223(c) of the Medicare, Medicaid, and
SCHIP Benefits Improvement and Protection Act of 2000 (as
enacted into law by section 1(a)(6) of Public Law 106-554), is
amended--
(A) by striking ``and'' before ``(U)''; and
(B) by inserting before the semicolon at the end
the following: ``, and (V) with respect to counseling
for cessation of tobacco use (as defined in section
1861(ww)), the amount paid shall be 100 percent of the
lesser of the actual charge for the service or the
amount determined by a fee schedule established by the
Secretary for each service''.
(2) Elimination of coinsurance in outpatient hospital
settings.--The third sentence of section 1866(a)(2)(A) of the
Social Security Act (42 U.S.C. 1395cc(a)(2)(A)) is amended by
inserting after ``1861(s)(10)(A)'' the following: ``, with
respect to counseling for cessation of tobacco use (as defined
in section 1861(ww)),''.
(3) Elimination of deductible.--The first sentence of
section 1833(b) of the Social Security Act (42 U.S.C. 1395l(b))
is amended--
(A) by striking ``and'' before ``(6)''; and
(B) by inserting before the period the following:
``, and (7) such deductible shall not apply with
respect to counseling for cessation of tobacco use (as
defined in section 1861(ww))''.
(d) Effective Date.--The amendments made by this section shall
apply to services furnished on or after the date that is 1 year after
the date of enactment of this Act.
SEC. 3. PROMOTING CESSATION OF TOBACCO USE UNDER THE MEDICAID PROGRAM.
(a) Dropping Exception From Medicaid Prescription Drug Coverage for
Tobacco Cessation Medications.--Section 1927(d)(2) of the Social
Security Act (42 U.S.C. 1396r-8(d)(2)) is amended--
(1) by striking subparagraph (E);
(2) by redesignating subparagraphs (F) through (J) as
subparagraphs (E) through (I), respectively; and
(3) in subparagraph (F) (as redesignated by paragraph (2)),
by inserting before the period at the end the following:
``except agents approved by the Food and Drug Administration
for purposes of promoting, and when used to promote, tobacco
cessation''.
(b) Requiring Coverage of Tobacco Cessation Counseling Services for
Pregnant Women.--Section 1902(e)(5) of the Social Security Act (42
U.S.C. 1396a(e)(5)) is amended by adding at the end the following new
sentence: ``Such medical assistance shall include counseling for
cessation of tobacco use (as defined in section 1861(ww)).''.
(c) Removal of Cost-Sharing for Tobacco Cessation Counseling
Services for Pregnant Women.--Section 1916 of the Social Security Act
(42 U.S.C. 1396o) is amended, in each of subsections (a)(2)(B) and
(b)(2)(B), by inserting ``, and counseling for cessation of tobacco use
(as defined in section 1861(ww))'' after ``complicate the pregnancy''.
(d) Effective Date.--The amendments made by this section shall
apply to services furnished on or after the date that is 1 year after
the date of enactment of this Act.
SEC. 4. PROMOTING CESSATION OF TOBACCO USE UNDER THE MATERNAL AND CHILD
HEALTH SERVICES BLOCK GRANT PROGRAM.
(a) Quality Maternal and Child Health Services Includes Tobacco
Cessation Counseling and Medications.--Section 501 of the Social
Security Act (42 U.S.C. 701) is amended by adding at the end the
following new subsection:
``(c) For purposes of this title, the term `maternal and child
health services' includes counseling for cessation of tobacco use (as
defined in section 1861(ww)), any drug or biological used to promote
tobacco cessation, and any health promotion counseling that includes an
antitobacco use message.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is 1 year after the date of enactment of
this Act. | Medicare, Medicaid, and MCH Tobacco Cessation Promotion Act of 2001 - Amends titles V (Maternal and Child Health Services), XVIII (Medicare), and XIX (Medicaid) of the Social Security Act to provide for coverage of counseling for cessation of tobacco use under the Maternal and Child Health Services, Medicare, and Medicaid programs. | {"src": "billsum_train", "title": "A bill to amend titles V, XVIII, and XIX of the Social Security Act to promote tobacco cessation under the medicare program, the medicaid program, and maternal and child health services block grant program."} | 1,718 | 86 | 0.607228 | 1.561015 | 0.583521 | 3.96875 | 21.171875 | 0.90625 |
SECTION 1. PROGRAMS OF HEALTH PROMOTION OR DISEASE PREVENTION.
(a) In General.--Nothing in the Employee Retirement Income Security
Act of 1974, the Internal Revenue Code of 1986, or the Public Health
Service Act shall be applied, administered, or interpreted to prevent
any provider or issuer of health insurance (including any employer)
from establishing premium discounts or rebates, or modifying copayments
or deductibles, in the case of individuals who adhere to, or
participate in, a program of health promotion or disease prevention
which meets the requirements of subsection (b).
(b) Programs of Health Promotion or Disease Prevention to Which
Section Applies.--
(1) General provisions.--
(A) General rule.--For purposes of subsection (a),
a program of health promotion or disease prevention
(referred to in this subsection as a ``wellness
program'') shall be a program that is designed to
promote health or prevent disease that meets the
applicable requirements of this subsection.
(B) No conditions based on health status factor.--
If none of the conditions for obtaining a premium
discount or rebate or other reward for participation in
a wellness program is based on an individual satisfying
a standard that is related to a health status factor,
such wellness program shall not violate this section if
participation in the program is made available to all
similarly situated individuals and the requirements of
paragraph (2) are complied with.
(C) Conditions based on health status factor.--If
any of the conditions for obtaining a premium discount
or rebate or other reward for participation in a
wellness program is based on an individual satisfying a
standard that is related to a health status factor,
such wellness program shall not violate this section if
the requirements of paragraph (3) are complied with.
(2) Wellness programs not subject to requirements.--If none
of the conditions for obtaining a premium discount or rebate or
other reward under a wellness program as described in paragraph
(1)(B) are based on an individual satisfying a standard that is
related to a health status factor (or if such a wellness
program does not provide such a reward), the wellness program
shall not violate this section if participation in the program
is made available to all similarly situated individuals. The
following programs shall not have to comply with the
requirements of paragraph (3) if participation in the program
is made available to all similarly situated individuals:
(A) A program that reimburses all or part of the
cost for memberships in a fitness center.
(B) A diagnostic testing program that provides a
reward for participation and does not base any part of
the reward on outcomes.
(C) A program that encourages preventive care
related to a health condition through the waiver of the
copayment or deductible requirement under an individual
or group health plan for the costs of certain items or
services related to a health condition (such as
prenatal care or well-baby visits).
(D) A program that reimburses individuals for the
costs of smoking cessation programs without regard to
whether the individual quits smoking.
(E) A program that provides a reward to individuals
for attending a periodic health education seminar.
(3) Wellness programs subject to requirements.--If any of
the conditions for obtaining a premium discount, rebate, or
reward under a wellness program as described in paragraph
(1)(C) is based on an individual satisfying a standard that is
related to a health status factor, the wellness program shall
not violate this section if the following requirements are
complied with:
(A) The reward for the wellness program, together
with the reward for other wellness programs with
respect to the plan that requires satisfaction of a
standard related to a health status factor, shall not
exceed 30 percent of the cost of employee-only coverage
under the plan. If, in addition to employees or
individuals, any class of dependents (such as spouses
or spouses and dependent children) may participate
fully in the wellness program, such reward shall not
exceed 30 percent of the cost of the coverage in which
an employee or individual and any dependents are
enrolled. For purposes of this paragraph, the cost of
coverage shall be determined based on the total amount
of employer and employee contributions for the benefit
package under which the employee is (or the employee
and any dependents are) receiving coverage. A reward
may be in the form of a discount or rebate of a premium
or contribution a waiver of all or part of a cost-
sharing mechanism (such as deductibles, copayments, or
coinsurance), the absence of a surcharge, or the value
of a benefit that would otherwise not be provided under
the plan. The Secretaries of Labor, Health and Human
Services, and the Treasury may increase the reward
available under this subparagraph to up to 50 percent
of the cost of coverage if the Secretaries determine
that such an increase is appropriate.
(B) The wellness program shall be reasonably
designed to promote health or prevent disease. A
program complies with the preceding sentence if the
program has a reasonable chance of improving the health
of, or preventing disease in, participating individuals
and it is not overly burdensome, is not a subterfuge
for discriminating based on a health status factor, and
is not highly suspect in the method chosen to promote
health or prevent disease. The plan or issuer shall
evaluate the program's reasonableness at least once per
year.
(C) The plan shall give individuals eligible for
the program the opportunity to qualify for the reward
under the program at least once each year.
(D) The full reward under the wellness program
shall be made available to all similarly situated
individuals. For such purpose, among other things:
(i) The reward is not available to all
similarly situated individuals for a period
unless the wellness program allows--
(I) for a reasonable alternative
standard (or waiver of the otherwise
applicable standard) for obtaining the
reward for any individual for whom, for
that period, it is unreasonably
difficult due to a medical condition to
satisfy the otherwise applicable
standard; and
(II) for a reasonable alternative
standard (or waiver of the otherwise
applicable standard) for obtaining the
reward for any individual for whom, for
that period, it is medically
inadvisable to attempt to satisfy the
otherwise applicable standard.
(ii) If reasonable under the circumstances,
the plan or issuer may seek verification, such
as a statement from an individual's physician,
that a health status factor makes it
unreasonably difficult or medically inadvisable
for the individual to satisfy or attempt to
satisfy the otherwise applicable standard.
(E) The plan or issuer involved shall disclose in
all plan materials describing the terms of the wellness
program the availability of a reasonable alternative
standard (or the possibility of waiver of the otherwise
applicable standard) required under subparagraph (D).
If plan materials disclose that such a program is
available, without describing its terms, the disclosure
under this subparagraph shall not be required.
(c) Existing Programs.--Nothing in this section shall prohibit a
program of health promotion or disease prevention that was established
prior to the date of enactment of this section and applied with all
applicable regulations, and that is operating on such date, from
continuing to be carried out for as long as such regulations remain in
effect.
(d) Regulations.--Nothing in this section shall be construed as
prohibiting the Secretaries of Labor, Health and Human Services, or the
Treasury from promulgating regulations in connection with this section. | Prohibits anything in the Employee Retirement Income Security Act of 1974, the Internal Revenue Code, or the Public Health Service Act from being interpreted to prevent any health insurance provider from establishing premium discounts or rebates, or modifying copayments or deductibles, for individuals who participate in a health promotion or disease prevention (wellness) program which meets this Act's requirements.
States that if none of the conditions for obtaining a premium discount, rebate, or other reward for participation in a wellness program is based on an individual satisfying a standard related to a health status factor, such program shall not violate this Act if participation is made available to all similarly situated individuals with respect to a program: (1) that reimburses the cost for memberships in a fitness center; (2) of diagnostic testing that provides a reward for participation not based on outcomes; (3) that encourages preventive care related to a health condition through the waiver of the copayment or deductible requirement under a health plan for costs related to a health condition (such as prenatal care or well-baby visits); (4) that reimburses individuals for the costs of smoking cessation programs without regard to whether the individual quits smoking; and (5) that rewards individuals for attending a periodic health education seminar.
Provides that if any of the conditions for obtaining a premium discount, rebate, or other reward for participation in a wellness program is based on an individual satisfying a standard related to a health status factor, the program shall not violate this Act if specified conditions are met, including that: (1) the reward for the program, together with the reward for other wellness programs regarding the plan that requires satisfaction of a standard related to a health status factor, does not exceed 30% of the cost of employee-only coverage under the plan; (2) the program is reasonably designed to promote health or prevent disease; (3) the plan gives individuals eligible for the program the opportunity to qualify for the reward at least annually; and (4) the full reward under the program is made available to all similarly situated individuals. | {"src": "billsum_train", "title": "To encourage programs of health promotion or disease prevention."} | 1,601 | 439 | 0.800986 | 2.483963 | 0.823934 | 5.207921 | 3.829208 | 0.960396 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Make It In America Manufacturing
Communities Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Manufacturing community support program.--The term
``Manufacturing Community Support Program'' means the program
established under section 3(a).
(2) Participating agency.--The term ``participating
agency'' means a Federal agency that elects to participate in
the Manufacturing Community Support Program.
(3) Participating program.--The term ``participating
program'' means a program identified by a participating agency
under section 3(c)(1)(C).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
SEC. 3. PROGRAM TO DESIGNATE AND SUPPORT MANUFACTURING COMMUNITIES.
(a) Program Authorized.--The Secretary shall establish a program to
improve the competitiveness of United States manufacturing--
(1) by designating consortiums as manufacturing communities
under subsection (b); and
(2) by supporting manufacturing communities, as so
designated, under subsection (c).
(b) Designation of Manufacturing Communities.--
(1) In general.--Except as provided in paragraph (7), for
purposes of the Manufacturing Community Support Program, the
Secretary shall designate eligible consortiums as manufacturing
communities through a competitive process.
(2) Eligible consortiums.--
(A) In general.--An eligible consortium is a
consortium that--
(i) represents a region defined by the
consortium in accordance with subparagraph (B);
(ii) includes at least one--
(I) institution of higher
education;
(II) a private sector entity; and
(III) a government entity;
(iii) may include one or more--
(I) private sector partners;
(II) institutions of higher
education;
(III) government entities;
(IV) economic development and other
community and labor groups;
(V) financial institutions; or
(VI) utilities;
(iv) has, as a lead applicant--
(I) a district organization (as
defined in section 300.3 of title 13,
Code of Federal Regulations, or
successor regulation);
(II) an Indian tribe (as defined in
section 4 of the Indian Self-
Determination and Education Assistance
Act (25 U.S.C. 450b)) or a consortium
of Indian tribes;
(III) a State or a political
subdivision of a State, including a
special purpose unit of a State or
local government engaged in economic or
infrastructure development activities,
or a consortium of political
subdivisions;
(IV) an institution of higher
education or a consortium of
institutions of higher education; or
(V) a public or private nonprofit
organization or association that has an
application that is supported by a
State, a political subdivision of a
State, or a native community.
(B) Regions.--Subject to approval by the Secretary,
a consortium may define the region that it represents
if the region--
(i) is large enough to contain critical
elements of the key technologies or supply
chain prioritized by the consortium; and
(ii) is small enough to enable close
collaboration among members of the consortium.
(3) Duration.--Each designation under paragraph (1) shall
be for a period of two years.
(4) Renewal.--
(A) In general.--Upon receipt of an application
submitted under subparagraph (B), the Secretary may
renew a designation made under paragraph (1) for up to
two additional two-year periods. Any designation as a
manufacturing community or renewal of such designation
that is in effect before the date of the enactment of
this Act shall count toward the limit set forth in this
subparagraph.
(B) Application for renewal.--An eligible
consortium seeking a renewal under subparagraph (A)
shall submit an application to the Secretary at such
time, in such manner, and containing such information
as the Secretary may require.
(C) Modifications authorized.--The Secretary may
renew a designation under subparagraph (A) for an
eligible consortium that--
(i) has changed its composition, either by
adding or removing members; or
(ii) as part of its application under
subparagraph (B), submits a revision to the
plan submitted under paragraph (5)(B)(iv) or
the strategy submitted under paragraph
(5)(B)(v).
(D) Evaluation for renewal.--In determining whether
to renew a designation of an eligible consortium under
paragraph (1), the Secretary shall assess the eligible
consortium based upon--
(i) the performance of the consortium
against the terms of the consortium's most
recent designation under paragraph (1) and any
post-designation awards the consortium may have
received;
(ii) the progress the consortium has made
with respect to project-specific metrics the
consortium proposed in the consortium's
application for the most recent designation
under paragraph (1), particularly with respect
to those metrics that were designed to help
communities track their own progress;
(iii) whether any changes to the
composition of the eligible consortium or
revisions to the plan or strategy described in
subparagraph (C)(ii) would improve the
competitiveness of United States manufacturing;
and
(iv) such other criteria as the Secretary
considers appropriate.
(5) Application for designation.--
(A) In general.--An eligible consortium seeking a
designation under paragraph (1) shall submit an
application to the Secretary at such time and in such
manner as the Secretary may require.
(B) Contents.--Each application submitted to the
Secretary under subparagraph (A) include--
(i) a description of the regional
boundaries of the consortium;
(ii) a description of the manufacturing
concentration of the consortium, including an
assessment of how the manufacturing
concentration of the consortium competitively
ranks nationally according to measures relating
to employment, sales, location quotients for an
industry's level of concentration, or such
other measures as the Secretary considers
appropriate;
(iii) an integrated assessment of the local
industrial ecosystem of the region of the
consortium, which may include assessment of
workforce and training, such as that involving
women and underrepresented minorities, supplier
network, research and innovation,
infrastructure or site development, trade and
international investment, operational
improvements, and capital access components
needed for manufacturing activities in such
region;
(iv) an evidence-based plan for developing
components of such ecosystem (selected by the
consortium)--
(I) by making specific investments
to address gaps in such ecosystem; and
(II) by making the manufacturing of
the region of the consortium uniquely
competitive;
(v) a description of the investments the
consortium proposes and the implementation
strategy the consortium intends to use to
address gaps in such ecosystem;
(vi) a description of the outcome-based
metrics, benchmarks, and milestones that the
consortium will track and the evaluation
methods the consortium will use while
designated as a manufacturing community to
gauge performance of the strategy of the
consortium to improve the manufacturing in the
region of the consortium; and
(vii) such other matters as the Secretary
considers appropriate.
(6) Evaluation of applications.--The Secretary shall
evaluate each application received under paragraph (5) to
determine--
(A) whether the applicant demonstrates a
significant level of regional cooperation in their
proposal; and
(B) how the manufacturing concentration of the
applicant competitively ranks nationally according to
measures described in paragraph (5)(B)(ii).
(7) Certain communities previously recognized.--Each
consortium that was designated as a manufacturing community by
the Secretary in carrying out the Investing in Manufacturing
Communities Partnership initiative of the Department of
Commerce before the date of the enactment of this Act shall be
deemed a manufacturing community designated under this
subsection if such consortium is still designated as a
manufacturing community by the Secretary as part of such
initiative.
(c) Support for Designated Manufacturing Communities.--
(1) Preferential consideration.--
(A) In general.--Except as provided in subparagraph
(D), if a member of a consortium designated as a
manufacturing community under subsection (b) seeks
financial or technical assistance under a participating
program of a participating agency, the head of such
agency may give preferential consideration to such
member with respect to the awarding of such financial
or technical assistance if--
(i) such head considers the award of the
financial or technical assistance consistent
with the economic development strategy of the
consortium; and
(ii) the member otherwise meets all
applicable requirements for the financial or
technical assistance.
(B) Participating agencies.--The Secretary shall
invite other Federal agencies to become participating
agencies of the Manufacturing Community Support
Program.
(C) Participating programs.--The head of each
participating agency shall identify all programs
administered by such participating agency that are
applicable to the Manufacturing Community Support
Program.
(D) Multiple members of the same consortium seeking
the same financial or technical assistance.--
(i) In general.--If a participating agency
receives applications for the same financial or
technical assistance from more than one member
of the same consortium designated as a
manufacturing community under subsection (b),
the head of such agency may determine how
preference will be given under subparagraph
(A), including by requiring the consortium to
select which of the members should be given
preference.
(ii) Coordination.--If the head of a
participating agency determines that more than
one member of a consortium should be given
preference for financial or technical
assistance under subparagraph (A), he or she
may require such members to demonstrate
coordination with each other in developing
their applications for the financial or
technical assistance.
(E) Report.--Not later than 90 days after the date
of the enactment of this Act, the head of each
participating agency shall submit a report to the
Secretary that specifies how the head will give
preferential consideration under subparagraph (A).
(2) Technical assistance.--The Secretary may make a Federal
point of contact available to each consortium designated as a
manufacturing community under subsection (b) to help the
members of the consortium access Federal funds and technical
assistance.
(3) Financial and technical assistance.--
(A) In general.--Under the Manufacturing Community
Support Program, the head of a participating agency may
award financial or technical assistance to a member of
a consortium designated as a manufacturing community
under subsection (b) as he or she considers appropriate
for purposes of such program and consistent with the
economic development strategy of the consortium.
(B) Use of funds.--
(i) In general.--A recipient of financial
or technical assistance under subparagraph (A)
may use such financial or technical assistance
to support an investment in an ecosystem that
will improve the competitiveness of United
States manufacturing.
(ii) Investments supported.--Investments
supported under this subparagraph may include--
(I) infrastructure;
(II) access to capital;
(III) promotion of exports and
foreign direct investment;
(IV) equipment or facility
upgrades;
(V) workforce training, retraining,
or recruitment and retention, including
that of women and underrepresented
minorities;
(VI) energy or process efficiency;
(VII) business incubators;
(VIII) site preparation;
(IX) advanced research;
(X) supply chain development; and
(XI) small business assistance.
(4) Coordination.--
(A) Coordination by secretary of commerce.--The
Secretary shall coordinate with the heads of the
participating agencies to identify programs under
paragraph (1)(C).
(B) Inter-agency coordination.--The heads of the
participating agencies shall coordinate with each
other--
(i) to leverage complementary activities,
including from non-Federal sources, such as
philanthropies; and
(ii) to avoid duplication of efforts.
(d) Receipt of Transferred Funds.--The Secretary may accept amounts
transferred to the Secretary from the head of another participating
agency to carry out this section. | Make It In America Manufacturing Communities Act This bill requires the Department of Commerce to establish a Manufacturing Community Support Program to improve the competitiveness of U.S. manufacturing by: (1) designating consortiums as manufacturing communities, and (2) authorizing federal agencies electing to participate in the program to provide such communities preferential consideration in awarding financial and technical assistance. A consortium, to be eligible for such designation and assistance, must: represent a region that is large enough to contain critical elements of the key technologies or supply chain prioritized by the consortium and small enough to enable close collaboration among the consortium's members; include at least one institution of higher education, a private sector entity, and a government entity; and have a lead applicant that is a district organization, an Indian tribe, a state or political subdivision of a state, an institution of higher education, a nonprofit organization or association with an application supported by a state, a political subdivision of a state, or a native community. Commerce shall make such designations for a two-year period, and may renew a designation for additional two-year periods, based on specified criteria. Recipients may use such financial or technical assistance to support investments in ecosystems that will improve the competitiveness of U.S. manufacturing, including infrastructure, access to capital, promotion of exports and foreign direct investment, equipment upgrades, workforce training and recruitment, energy or process efficiency, business incubators, site preparation, advanced research, supply chain development, and small business assistance. | {"src": "billsum_train", "title": "Make It In America Manufacturing Communities Act"} | 2,581 | 321 | 0.703844 | 2.125271 | 0.862583 | 2.886207 | 8.427586 | 0.934483 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Hungry Students Learn Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In 2012, nearly one in five children in America lived
in a household that lacked access to nutritious food on a
regular basis. That is 15.9 million American children who
struggled with hunger at some time during the year.
(2) Children who experience hunger are more likely to get
sick and are more likely to be obese than those who do not.
Children facing chronic hunger also find it more difficult to
concentrate in school and tend to exhibit higher levels of
behavioral, emotional, and academic problems.
(3) Federal programs play an important role in addressing
childhood hunger. In 2013, 21 million students participated in
the free or reduced-price lunch program. Eleven million
students participated in the free or reduced-price breakfast
program. Three million low-income children received free meals
during the summer months. Forty-seven percent of participants
in the supplemental nutrition assistance program are under the
age of 18.
(4) On average, students who eat school breakfast achieve
17.5 percent higher scores on standardized math tests, and
attend 1.5 more days of school each year than those who do not.
Students who attend class more regularly are 20 percent more
likely to graduate from high school. Participation in the
school breakfast program is associated with children having a
lower Body Mass Index.
SEC. 3. SCHOOL LUNCH PROGRAM.
Section 9(b) of the Richard B. Russell National School Lunch Act is
amended--
(1) in paragraph (1)(A), by inserting after the third
sentence the following: ``Notwithstanding any other provision
of this Act and the Child Nutrition Act of 1966, for each
school year beginning on or after the July 1 of the year
following the year of enactment of the Helping Hungry Students
Learn Act, the income guidelines for determining eligibility
for free lunches shall be 185 percent of the applicable family
size income levels contained in the nonfarm income poverty
guidelines prescribed by the Office of Management and Budget,
as adjusted annually in accordance with subparagraph (B)''; and
(2) in paragraph (9)(B), by inserting at the end the
following:
``(iii) Termination of reduced-price
category.--Beginning with the school year
beginning July 1 of the year following the year
of enactment of the Helping Hungry Students
Learn Act, no child shall be determined
eligible for a reduced price lunch.''.
SEC. 4. SCHOOL BREAKFAST PROGRAM.
(a) Universal School Breakfast Program.--Section 4(a) of the Child
Nutrition Act of 1966 (42 U.S.C. 1773(a)) is amended--
(1) by striking ``(a) There'' and inserting: ``(a)(1)
There''; and
(2) by adding at the end the following:
``(2) Universal school breakfast program.--For each school
year beginning on or after the July 1 of the year following the
year of enactment of the Helping Hungry Students Learn Act,
each school participating in the school breakfast program under
this section shall provide breakfast under the program to each
student that desires such a breakfast at no cost to the
student.''.
(b) National Average Payment Rate.--Section 4(b)(1)(B) of the Child
Nutrition Act of 1966 (42 U.S.C. 1773(b)(1)(B)) is amended by adding at
the end the following: ``Notwithstanding any other provision of this
Act or the Richard B. Russell National School Lunch Act, for each
school year beginning on or after the July 1 of the year following the
year of enactment of the Helping Hungry Students Learn Act, the
national average payment for each breakfast served to any child shall
be equal to the national average payment for each free breakfast served
during the school year beginning July 1 of the year of enactment of the
Helping Hungry Students Learn Act (which shall be adjusted pursuant to
section 11(a) of the Richard B. Russell National School Lunch Act).''.
(c) Severe Need Assistance.--Section 4(d)(1) of the Child Nutrition
Act of 1966 (42 U.S.C. 1773(d)(1)) is amended--
(1) by striking ``(A) during'' and inserting: ``(A)(i)
during'';
(2) by striking ``(B) in'' and inserting ``(ii) in'';
(3) by striking ``subparagraph (A)'' and inserting ``clause
(i)'';
(4) by striking ``met.'' and inserting ``met; and''; and
(5) by adding at the end the following:
``(B) for each school year beginning on or after
the July 1 of the year following the year of enactment
of the Helping Hungry Students Learn Act, there is an
alternative breakfast serving model to increase
participation in the school breakfast program, such as
by serving breakfast in the classroom or having a
school breakfast cart.''.
SEC. 5. SUMMER ELECTRONIC BENEFITS TRANSFER FOR CHILDREN PROGRAM.
The Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.) is amended by adding at the end the following:
``SEC. 30. SUMMER ELECTRONIC BENEFITS TRANSFER FOR CHILDREN PROGRAM.
``(a) In General.--From the amount appropriated to carry out this
section, the Secretary shall carry out a summer electronic benefits
transfer for children program by awarding grants to States that desire
to participate in such program to assist such States with the initial
administrative costs of such participation.
``(b) Program Requirements.--The summer electronic benefits
transfer for children program carried out under this section shall have
the same terms and conditions as the summer electronic benefits
transfer for children demonstration project carried out under section
749(g) of the Agriculture, Rural Development, and Food and Drug
Administration, and Related Agencies Appropriations Act, 2010 (Public
Law 111-80; 123 Stat. 2131), except that the Secretary shall prescribe
an annual adjustment for the monthly benefit of $60 per child that is
adjusted at the time that the annual adjustments are made for the
national average payment rates for breakfasts and lunches (pursuant to
section 11(a) of this Act).''.
SEC. 6. WEEKENDS AND HOLIDAYS WITHOUT HUNGER.
Section 18 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769) is amended by adding at the end the following:
``(l) Weekends and Holidays Without Hunger.--
``(1) Definitions.--In this subsection:
``(A) At-risk school child.--The term `at-risk
school child' has the meaning given the term in section
17(r)(1).
``(B) Eligible institution.--
``(i) In general.--The term `eligible
institution' means a public or private
nonprofit institution that is determined by the
Secretary to be able to meet safe food storage,
handling, and delivery standards established by
the Secretary.
``(ii) Inclusions.--The term `eligible
institution' includes--
``(I) an elementary or secondary
school or school food service
authority;
``(II) a food bank or food pantry;
``(III) a homeless shelter; and
``(IV) such other type of emergency
feeding agency as is approved by the
Secretary.
``(2) Establishment.--Subject to the availability of
appropriations provided in advance in an appropriations Act
specifically for the purpose of carrying out this subsection,
the Secretary shall establish a program under which the
Secretary shall provide commodities, on a competitive basis, to
State agencies for the purposes of enabling eligible
institutions to carry out projects to provide nutritious food
to at-risk children on weekends and during extended school
holidays during the school year.
``(3) Applications.--To participate in the program under
this subsection, a State agency shall submit an application to
the Secretary at such time, in such manner, and containing such
information as the Secretary may require.
``(4) Eligibility.--
``(A) In general.--To be eligible to receive
commodities under this subsection, an eligible
institution shall submit an application to the State
agency involved at such time, in such manner, and
containing such information as the State agency may
require.
``(B) Plan.--An application under subparagraph (A)
shall include the plan of the eligible institution for
the distribution of nutritious foods to at-risk school
children under the project to be carried out under this
subsection, including--
``(i) methods of food service delivery to
at-risk school children;
``(ii) assurances that children receiving
foods under the project will not be publicly
separated or overtly identified;
``(iii) lists of the types of food to be
provided under the project and provisions to
ensure food quality and safety;
``(iv) information on the number of at-risk
school children to be served and the per-child
cost of providing the children with food; and
``(v) such other information as the
Secretary determines to be necessary to assist
the Secretary in evaluating projects that
receive commodities under this subsection.
``(5) Priority.--In selecting applications under this
subsection, a State agency shall give priority to eligible
institutions that--
``(A) have on-going programs and experience serving
populations with significant proportions of at-risk
school children;
``(B) have a good record of experience in food
delivery and food safety systems;
``(C) maintain high-quality control,
accountability, and recordkeeping standards;
``(D) provide children with readily consumable food
of high nutrient content and quality;
``(E) demonstrate cost efficiencies and the
potential for obtaining supplemental funding from non-
Federal sources to carry out projects; and
``(F) demonstrate the ability to continue projects
for the full approved term of the pilot project period.
``(6) Guidelines.--
``(A) In general.--The Secretary shall issue
guidelines containing the criteria for eligible
institutions to receive commodities under this section
from State agencies.
``(B) Inclusions.--The guidelines shall, to the
maximum extent practicable within the funds available
and applications submitted, take into account--
``(i) geographical variations in project
locations that will be carried out by eligible
institutions to include qualifying projects in
rural, urban, and suburban areas with high
proportions of families with at-risk school
children;
``(ii) different types of projects that
offer nutritious foods on weekends and during
school holidays to at-risk school children; and
``(iii) institutional capacity to collect,
maintain, and provide statistically valid
information necessary for the Secretary--
``(I) to analyze and evaluate the
results of the pilot project; and
``(II) to make recommendations to
Congress.
``(7) Evaluation.--
``(A) Interim evaluation.--Not later than November
30, 2016, the Secretary shall complete an interim
evaluation of the pilot program carried out under this
subsection.
``(B) Final report.--Not later than December 31,
2018, the Secretary shall submit to Congress a final
report that contains--
``(i) an evaluation of the pilot program
carried out under this subsection; and
``(ii) any recommendations of the Secretary
for legislative action.
``(8) Funding.--
``(A) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
subsection such sums as are necessary, to remain
available until expended.
``(B) Availability of funds.--Not more than 3
percent of the funds made available under subparagraph
(A) may be used by the Secretary for expenses
associated with review of the operations and evaluation
of the projects carried out under this subsection.''. | Helping Hungry Students Learn Act - Amends the Richard B. Russell National School Lunch Act (Russell Act) to raise the eligibility level for free lunches under the school lunch program to 185% of the poverty level. (Currently it is set at 130%.) Eliminates reduced price lunches, for which eligibility is currently set at 185% of the poverty level. Amends the Child Nutrition Act of 1966 to require schools participating in the school breakfast program to provide a free breakfast to each student who desires one. Sets the national average payment for each breakfast served to any child at the national average payment for each free breakfast served during the school year. Requires states to provide additional assistance, in the form of higher breakfast reimbursement rates, to schools in which there is an alternative breakfast serving model to increase participation in the school breakfast program, such as by serving breakfast in the classroom or having a school breakfast cart. Amends the Russell Act to direct the Secretary of Agriculture (USDA) to award grants to assist states with the initial costs of participating in a summer electronic benefits transfer for children program to improve children's access to food during the summer months. Directs the Secretary to implement a pilot program providing commodities, on a competitive basis, to states to enable nonprofits to serve nutritious food to at-risk school children on weekends and during extended school holidays during the school year. (At-risk school children are those who participate in the school lunch program and reside in an area served by a school in which at least 50% of the students receive free or reduced price meals under the school lunch or breakfast programs.) Includes elementary and secondary schools, school food authorities, food banks or pantries, homeless shelters, and other Secretary-approved emergency feeding agencies as eligible nonprofit program participants. Requires the nonprofits serving such commodities to satisfy safe food storage, handling, and delivery standards established by the Secretary. | {"src": "billsum_train", "title": "Helping Hungry Students Learn Act"} | 2,662 | 406 | 0.562322 | 1.595564 | 0.733705 | 3.177596 | 6.740437 | 0.871585 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Terrorism Risk Insurance Extension
Act of 2005''.
SEC. 2. EXTENSION OF TERRORISM RISK INSURANCE PROGRAM.
(a) Program Extension.--Section 108(a) of the Terrorism Risk
Insurance Act of 2002 (15 U.S.C. 6701 note; 116 Stat. 2336) is amended
by striking ``2005'' and inserting ``2007''.
(b) Mandatory Availability.--Section 103(c) of the Terrorism Risk
Insurance Act of 2002 (15 U.S.C. 6701 note; 116 Stat. 2327) is
amended--
(1) by striking paragraph (2);
(2) by striking ``AVAILABILITY.--'' and all that follows
through ``each entity'' and inserting ``AVAILABILITY.--During each
Program Year, each entity''; and
(3) by redesignating subparagraphs (A) and (B) as paragraphs
(1) and (2), respectively, and moving the margins 2 ems to the
left.
SEC. 3. AMENDMENTS TO DEFINED TERMS.
(a) Program Years.--Section 102(11) of the Terrorism Risk Insurance
Act of 2002 (15 U.S.C. 6701 note; 116 Stat. 2326) is amended by adding
at the end the following:
``(E) Program year 4.--The term `Program Year 4' means the
period beginning on January 1, 2006 and ending on December 31,
2006.
``(F) Program year 5.--The term `Program Year 5' means the
period beginning on January 1, 2007 and ending on December 31,
2007.''.
(b) Exclusions From Covered Lines.--
(1) In general.--Section 102(12)(B) of the Terrorism Risk
Insurance Act of 2002 (15 U.S.C. 6701 note; 116 Stat. 2326) is
amended--
(A) in clause (vi), by striking ``or'' at the end;
(B) in clause (vii), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(viii) commercial automobile insurance;
``(ix) burglary and theft insurance;
``(x) surety insurance;
``(xi) professional liability insurance; or
``(xii) farm owners multiple peril insurance.''.
(2) Conforming amendment.--Section 102(12)(A) of the Terrorism
Risk Insurance Act of 2002 (15 U.S.C. 6701 note; 116 Stat. 2326) is
amended by striking ``surety insurance'' and inserting ``directors
and officers liability insurance''.
(c) Insurer Deductibles.--Section 102(7) of the Terrorism Risk
Insurance Act of 2002 (15 U.S.C. 6701 note; 116 Stat. 2325) is
amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) by redesignating subparagraph (E) as subparagraph (G);
(3) by inserting after subparagraph (D), the following:
``(E) for Program Year 4, the value of an insurer's direct
earned premiums over the calendar year immediately preceding
Program Year 4, multiplied by 17.5 percent;
``(F) for Program Year 5, the value of an insurer's direct
earned premiums over the calendar year immediately preceding
Program Year 5, multiplied by 20 percent; and''; and
(4) in subparagraph (G), as so redesignated, by striking
``through (D)'' and all that follows through ``Year 3'' and
inserting the following: ``through (F), for the Transition Period
or any Program Year''.
SEC. 4. INSURED LOSS SHARED COMPENSATION.
Section 103(e) of the Terrorism Risk Insurance Act of 2002 (15
U.S.C. 6701 note; 116 Stat. 2328) is amended--
(1) in paragraph (1)--
(A) by inserting ``through Program Year 4'' before ``shall
be equal''; and
(B) by inserting ``, and during Program Year 5 shall be
equal to 85 percent,'' after ``90 percent''; and
(2) in each of paragraphs (2) and (3), by striking ``Program
Year 2 or Program Year 3'' each place that term appears and
inserting ``any of Program Years 2 through 5''.
SEC. 5. AGGREGATE RETENTION AMOUNTS AND RECOUPMENT OF FEDERAL SHARE.
(a) Aggregate Retention Amounts.--Section 103(e)(6) of the
Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note; 116 Stat.
2329) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(D) for Program Year 4, the lesser of--
``(i) $25,000,000,000; and
``(ii) the aggregate amount, for all insurers, of
insured losses during such Program Year; and
``(E) for Program Year 5, the lesser of--
``(i) $27,500,000,000; and
``(ii) the aggregate amount, for all insurers, of
insured losses during such Program Year.''.
(b) Recoupment of Federal Share.--Section 103(e)(7) of the
Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note; 116 Stat.
2329) is amended--
(1) in subparagraph (A), by striking ``, (B), and (C)'' and
inserting ``through (E)''; and
(2) in each of subparagraphs (B) and (C), by striking
``subparagraph (A), (B), or (C)'' each place that term appears and
inserting ``any of subparagraphs (A) through (E)''.
SEC. 6. PROGRAM TRIGGER.
Section 103(e)(1) of the Terrorism Risk Insurance Act of 2002 (15
U.S.C. note, 116 Stat. 2328) is amended--
(1) by redesignating subparagraph (B) as subparagraph (C); and
(2) by inserting after subparagraph (A) the following:
``(B) Program trigger.--In the case of a certified act of
terrorism occurring after March 31, 2006, no compensation shall
be paid by the Secretary under subsection (a), unless the
aggregate industry insured losses resulting from such certified
act of terrorism exceed--
``(i) $50,000,000, with respect to such insured losses
occurring in Program Year 4; or
``(ii) $100,000,000, with respect to such insured
losses occurring in Program Year 5.''.
SEC. 7. LITIGATION MANAGEMENT.
Section 107(a) of the Terrorism Risk Insurance Act of 2002 (15
U.S.C. 6701 note; 116 Stat. 2335) is amended by adding at the end the
following:
``(6) Authority of the secretary.--Procedures and requirements
established by the Secretary under section 50.82 of part 50 of
title 31 of the Code of Federal Regulations (as in effect on the
date of issuance of that section in final form) shall apply to any
cause of action described in paragraph (1) of this subsection.''.
SEC. 8. ANALYSIS AND REPORT ON TERRORISM RISK COVERAGE CONDITIONS AND
SOLUTIONS.
Section 108 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C.
6701 note; 116 Stat. 2336) is amended by adding at the end the
following:
``(e) Analysis of Market Conditions for Terrorism Risk Insurance.--
``(1) In general.--The President's Working Group on Financial
Markets, in consultation with the National Association of Insurance
Commissioners, representatives of the insurance industry,
representatives of the securities industry, and representatives of
policy holders, shall perform an analysis regarding the long-term
availability and affordability of insurance for terrorism risk,
including--
``(A) group life coverage; and
``(B) coverage for chemical, nuclear, biological, and
radiological events.
``(2) Report.--Not later than September 30, 2006, the
President's Working Group on Financial Markets shall submit a
report to the Committee on Banking, Housing, and Urban Affairs of
the Senate and the Committee on Financial Services of the House of
Representatives on its findings pursuant to the analysis conducted
under subsection (a).''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the Senate with an amendment to the House passed version on December 16, 2005. The summary of that version is repeated here.)
Terrorism Risk Insurance Extension Act of 2005 - Amends the Terrorism Risk Insurance Act of 2002 to extend the terrorism risk insurance program from 2005 through 2007.
Defines Program Year 5 as ending on December 31, 2007.
Excludes from covered lines of insurance: (1) commercial automobile insurance; (2) burglary and theft insurance; (3) surety insurance; (4) professional liability insurance; and (5) farm owners multiple peril insurance.
Prescribes formulae for insurer deductibles for Program Years 4 and 5.
Sets the federal share of insured loss compensation for Program Year 5 at 85% (Year 4 is currently 90%) of the amount of insured losses exceeding the applicable insurer deductible.
Specifies for Program Years 4 and 5 increasing maximum aggregate retention amounts in the formula for mandatory recoupment of the federal share of insured loss compensation paid.
States that compensation for a certified act of terrorism occurring after March 31, 2006, shall be paid only if the aggregate industry insured losses exceed either: (1) $50 million occurring in Program Year 4; or (2) $100 million occurring in Program Year 5.
States that procedures and requirements for advance approval of settlements established by the Secretary are applicable to any cause of action for damages in connection with a determination by the Secretary that an act of terrorism has occurred.
Directs the President's Working Group on Financial Markets to analyze and report to certain congressional committees on the long-term availability and affordability of insurance for terrorism risk, including: (1) group life coverage; and (2) coverage for chemical, nuclear, biological, and radiological events. | {"src": "billsum_train", "title": "A bill to extend the applicability of the Terrorism Risk Insurance Act of 2002."} | 2,059 | 365 | 0.535375 | 1.785738 | 0.71127 | 2.83427 | 4.896067 | 0.83427 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alaska Power Administration Sale
Authorization Act''.
SEC. 2. SALE OF SNETTISHAM AND EKLUTNA HYDROELECTRIC PROJECTS.
(a) The Secretary of Energy may sell the Snettisham Hydroelectric
Project (referred to in this Act as ``Snettisham'') to the State of
Alaska Power Authority (now known as Alaska Industrial Development and
Export Authority, and referred to in this Act as the ``Authority''), or
its successor, in accordance with the February 10, 1989, Snettisham
Purchase Agreement between the Alaska Power Administration of the
Department of Energy and the Authority.
(b) The Secretary of Energy may sell the Eklutna Hydroelectric
Project (referred to in this Act as ``Eklutna'') to the Municipality of
Anchorage doing business as Municipal Light and Power, the Chugach
Electric Association, Inc., and the Matanuska Electric Association,
Inc. (referred to in this Act as ``Eklutna Purchasers''), in accordance
with the August 2, 1989, Eklutna Purchase Agreement between the
Department of Energy and the Eklutna Purchasers.
(c) The heads of other affected Federal departments and agencies,
including the Secretary of the Interior, shall assist the Secretary of
Energy in implementing the sales authorized by this section.
(d) The Secretary of Energy shall deposit sale proceeds in the
Treasury of the United States to the credit of miscellaneous receipts.
(e) There are authorized to be appropriated such sums as are
necessary to prepare or acquire Eklutna and Snettisham assets for sale
and conveyance. Such preparation shall provide sufficient title to
ensure the beneficial use, enjoyment, and occupancy to the purchasers
assets to be sold.
(f) The sales authorized in this section shall occur not later than
1 year after the date of enactment of legislation defining ``first
use'' of Snettisham for purposes of section 147(d) of the Internal
Revenue Code of 1986, to be considered to occur pursuant to acquisition
of the property by or behalf of the State of Alaska.
SEC. 3. EXEMPTION.
(a)(1) After the sales authorized by section 2 occur, Eklutna and
Snettisham, including future modifications, shall continue to be exempt
from the requirements of the Federal Power Act (15 U.S.C. 79a et seq.)
including its requirements with respect to applications, permits,
licenses, and fees, unless a future modification of Eklutna or
Snettisham affects Federal lands not used for the two projects when
this Act takes effect.
(2) The exemptions in paragraph (1) are subject to the Memorandum
of Agreement entered into between the State of Alaska, the Eklutna
Purchasers, the Authority, and Federal fish and wildlife agencies
regarding the protection, mitigation of, damages to, and enhancement of
fish and wildlife, dated August 7, 1991, remaining in full force and
effect.
(3) Nothing in this Act or Federal Power Act preempts the State of
Alaska from carrying out the responsibilities and authorities of the
Memorandum of Agreement.
(b)(1) The United States District Court for the District of Alaska
has jurisdiction to review decisions made under the Memorandum of
Agreement and enforce the provisions of the Memorandum of Agreement,
including the remedy of specific performance.
(2) An action seeking review of a Fish and Wildlife Program of the
Governor of Alaska under the Memorandum of Agreement or challenging
actions of any of the parties to the Memorandum of Agreement prior to
the adoption of the program shall be brought not later than 90 days
after the date on which the program is adopted by the Governor of
Alaska, or be barred.
(3) An action seeking review of implementation of the program shall
be brought not later than 90 days after the challenged act implementing
the program, or be barred.
(c) With respect to Eklutna lands described in Exhibit A of the
Eklutna Purchase Agreement:
(1) The Secretary of the Interior shall issue rights-of-way
to the Alaska Power Administration for subsequent reassignment
to the Eklutna Purchasers--
(A) at no cost to Eklutna Purchasers;
(B) to remain effective for a period equal to the
life of Eklutna as extended by improvements, repairs,
renewals, or replacements; and
(C) sufficient for operation, maintenance, repair,
and replacement of, and access to, Eklutna facilities
located on military lands and lands managed by the
Bureau of Land Management, including land selected by
the State of Alaska.
(2) If the Eklutna Purchasers subsequently sell or transfer
Eklutna to private ownership, the Bureau of Land Management may
assess reasonable and customary fees for continued use of the
rights-of-way on lands managed by the Bureau of Land Management
and military lands in accordance with current law.
(3) Fee title to lands at Anchorage Substation shall be
transferred to Eklutna Purchasers at no additional cost if the
Secretary of the Interior determines that pending claims to and
selection of those lands are invalid or relinquished.
(4) With respect only to approximately 853 acres of Eklutna
lands identified in paragraph 1. a, b, and c. of Exhibit A of
the Eklutna Purchase Agreement, the State of Alaska may select
and the Secretary of the Interior shall convey to the State
improved lands under the selection entitlements in section 6(a)
of the Act of July 7, 1958 (Public Law 85-508; 79 Stat. 339)
and the North Anchorage Land Agreement of January 31, 1983. The
conveyance is subject to the rights-of-way provided to the
Eklutna Purchasers under paragraph (1).
(d) With respect to the approximately 2,671 acres of Snettisham
lands identified in paragraphs 1. a. and b. of Exhibit A of the
Snettisham Purchase Agreement, the State of Alaska may select and the
Secretary of the Interior shall convey to the State improved lands
under the selection entitlement in section 6(a) of the Act of July 7,
1958.
(e) Not later than 1 year after both of the sales authorized in
section 2 have occurred, as measured by the transaction dates
stipulated in the Purchase Agreements and by section 2(f), the
Secretary of Energy shall--
(1) complete the business of, and close out, the Alaska
Power Administration;
(2) prepare and submit to Congress a report documenting the
sales; and
(3) return unused balances of funds appropriated for the
Alaska Power Administration to the Treasury of the United
States.
(f) The Act of July 31, 1950 (64 Stat. 382) is repealed effective
on the date, as determined by the Secretary of Energy, when all Eklutna
assets have been conveyed to the Eklutna Purchasers.
(g) Section 204 of the Flood Control Act of 1962 (Public Law 87-
874; 76 Stat. 1193) is repealed effective on the date, as determined by
the Secretary of Energy, when all Snettisham assets have been conveyed
to the Authority.
(h) As of the later of the two dates determined in subsections (f)
and (g), section 302(a) of the Department of Energy Organization Act
(42 U.S.C. 7152(a)) is amended--
(1) in paragraph (1)--
(A) by striking out subparagraph (C); and
(B) by redesignating subparagraphs (D), (E), and
(F) as subparagraphs (C), (D), and (E) respectively;
and
(2) in paragraph (2), by striking out ``the Bonneville
Power Administration, and the Alaska Power Administration'' and
inserting in lieu thereof ``and the Bonneville Power
Administration''.
(i) The Act of August 9, 1955 (69 Stat. 618), concerning water
resources investigations in Alaska, is repealed.
(j) The sales of Eklutna and Snettisham under this Act are not
considered a disposal of Federal surplus property under the following
provisions of law:
(1) Section 203 of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 484).
(2) Section 13 of the Surplus Property Act of 1944 (50
U.S.C. App. 1622). | Alaska Power Administration Sale Authorization Act - Authorizes the Secretary of Energy to sell: (1) the Snettisham Hydroelectric Project to the State of Alaska Power Authority; and (2) the Eklutna Hydroelectric Project to the Municipality of Anchorage. Directs the Secretary to deposit sale proceeds into the miscellaneous receipts of the Treasury.
Declares that both Projects shall continue to be exempt from Federal Power Act requirements (subject to a certain Memorandum of Agreement). Grants the U.S. District Court for the District of Alaska jurisdiction to review and enforce such Memorandum, including the remedy of specific performance.
Directs the Secretary of the Interior to: (1) issue rights-of-way with respect to certain Eklutna lands to the Alaska Power Administration for subsequent reassignment to the Eklutna Purchasers; and (2) convey to the State of Alaska (with respect to certain Snettisham lands) improved lands under certain statutory selection entitlements. | {"src": "billsum_train", "title": "Alaska Power Administration Sale Authorization Act"} | 1,865 | 221 | 0.626312 | 1.901172 | 0.752732 | 3.114286 | 9.542857 | 0.92 |
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Child Pornography
Prevention Act of 2005''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Findings.
Sec. 3. Strengthening section 2257 to ensure that children are not
exploited in the production of pornography.
Sec. 4. Prevention of distribution of child pornography used as
evidence in prosecutions.
Sec. 5. Authorizing civil and criminal asset forfeiture in child
exploitation and obscenity cases.
Sec. 6. Enhancing administrative subpoena power to cover obscenity.
Sec. 7. Prohibiting the production of obscenity as well as
transportation, distribution, and sale.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The effect of the intrastate production,
transportation, distribution, receipt, advertising, and
possession of child pornography on interstate market in child
pornography.
(A) The illegal production, transportation,
distribution, receipt, advertising and possession of
child pornography, as defined in section 2256(8) of
title 18, United States Code, as well as the transfer
of custody of children for the production of child
pornography, is harmful to the physiological,
emotional, and mental health of the children depicted
in child pornography and has a substantial and
detrimental effect on society as a whole.
(B) A substantial interstate market in child
pornography exists, including not only a multimillion
dollar industry, but also a nationwide network of
individuals openly advertising their desire to exploit
children and to traffic in child pornography. Many of
these individuals distribute child pornography with the
expectation of receiving other child pornography in
return.
(C) The interstate market in child pornography is
carried on to a substantial extent through the mails
and other instrumentalities of interstate and foreign
commerce, such as the Internet. The advent of the
Internet has greatly increased the ease of
transporting, distributing, receiving, and advertising
child pornography in interstate commerce. The advent of
digital cameras and digital video cameras, as well as
videotape cameras, has greatly increased the ease of
producing child pornography. The advent of inexpensive
computer equipment with the capacity to store large
numbers of digital images of child pornography has
greatly increased the ease of possessing child
pornography. Taken together, these technological
advances have had the unfortunate result of greatly
increasing the interstate market in child pornography.
(D) Intrastate incidents of production,
transportation, distribution, receipt, advertising, and
possession of child pornography, as well as the
transfer of custody of children for the production of
child pornography, have a substantial and direct effect
upon interstate commerce because:
(i) Some persons engaged in the production,
transportation, distribution, receipt,
advertising, and possession of child
pornography conduct such activities entirely
within the boundaries of one State. These
persons are unlikely to be content with the
amount of child pornography they produce,
transport, distribute, receive, advertise, or
possess. These persons are therefore likely to
enter the interstate market in child
pornography in search of additional child
pornography, thereby stimulating demand in the
interstate market in child pornography.
(ii) When the persons described in
subparagraph (D)(i) enter the interstate market
in search of additional child pornography, they
are likely to distribute the child pornography
they already produce, transport, distribute,
receive, advertise, or possess to persons who
will distribute additional child pornography to
them, thereby stimulating supply in the
interstate market in child pornography.
(iii) Much of the child pornography that
supplies the interstate market in child
pornography is produced entirely within the
boundaries of one State, is not traceable, and
enters the interstate market surreptitiously.
This child pornography supports demand in the
interstate market in child pornography and is
essential to its existence.
(E) Prohibiting the intrastate production,
transportation, distribution, receipt, advertising, and
possession of child pornography, as well as the
intrastate transfer of custody of children for the
production of child pornography, will cause some
persons engaged in such intrastate activities to cease
all such activities, thereby reducing both supply and
demand in the interstate market for child pornography.
(F) Federal control of the intrastate incidents of
the production, transportation, distribution, receipt,
advertising, and possession of child pornography, as
well as the intrastate transfer of children for the
production of child pornography, is essential to the
effective control of the interstate market in child
pornography.
(2) The importance of protecting children from repeat
exploitation in child pornography:
(A) The vast majority of child pornography
prosecutions today involve images contained on computer
hard drives, computer disks, and related media.
(B) Child pornography is not entitled to protection
under the First Amendment and thus may be prohibited.
(C) The Government has a compelling State interest
in protecting children from those who sexually exploit
them, and this interest extends to stamping out the
vice of child pornography at all levels in the
distribution chain.
(D) Every instance of viewing images of child
pornography represents a renewed violation of the
privacy of the victims and a repetition of their abuse.
(E) Child pornography constitutes prima facie
contraband, and as such should not be distributed to,
or copied by, child pornography defendants or their
attorneys.
(F) It is imperative to prohibit the reproduction
of child pornography in criminal cases so as to avoid
repeated violation and abuse of victims, so long as the
Government makes reasonable accommodations for the
inspection, viewing, and examination of such material
for the purposes of mounting a criminal defense.
SEC. 3. STRENGTHENING SECTION 2257 TO ENSURE THAT CHILDREN ARE NOT
EXPLOITED IN THE PRODUCTION OF PORNOGRAPHY.
Section 2257 of title 18 of the United States Code is amended--
(1) in subsection (a)(l), by striking ``actual'';
(2) in subsection (b), by striking ``actual'';
(3) in subsection (f)(4)(A), by striking ``actual'';
(4) by amending paragraph (1) of subsection (h) to read as
follows:
``(1) the term `sexually explicit conduct' has the meaning
set forth in subparagraphs (A)(i) through (v) of paragraph (2)
of section 2256 of this title;'';
(5) in subsection (h)(4), by striking ``actual.'';
(6) in subsection (f)--
(A) at the end of paragraph (3), by striking
``and'';
(B) at the end of paragraph (4)(B), by striking the
period and inserting ``; and''; and
(C) by inserting after paragraph (4)(B) the
following new paragraph:
``(5) for any person to whom subsection (a) applies to
refuse to permit the Attorney General or his or her delegee to
conduct an inspection under subsection (c).''.
(7) in subsection (h)(3), by striking ``to produce,
manufacture, or publish any book, magazine, periodical, film,
video tape, computer generated image, digital image, or
picture, or other similar matter and includes the duplication,
reproduction, or reissuing of any such matter, but does not
include mere distribution or any other activity which does not
involve hiring, contracting for managing or otherwise arranging
for the participation of the performers depicted'' and
inserting ``actually filming, videotaping, photographing;
creating a picture, digital image, or digitally- or computer-
manipulated image of an actual human being; or digitizing an
image, of a visual depiction of sexually explicit conduct; or,
assembling, manufacturing, publishing, duplicating,
reproducing, or reissuing a book, magazine, periodical, film,
videotape, digital image, or picture, or other matter intended
for commercial distribution, that contains a visual depiction
of sexually explicit conduct; or, inserting on a computer site
or service a digital image of, or otherwise managing the
sexually explicit content, of a computer site or service that
contains a visual depiction of, sexually explicit conduct'';
(8) in subsection (a), by inserting after ``videotape,''
the following: ``digital image, digitally- or computer-
manipulated image of an actual human being, or picture,''; and
(9) in subsection (f)(4), by inserting after ``video'' the
following: ``digital image, digitally- or computer-manipulated
image of an actual human being, or picture,''.
SEC. 4. PREVENTION OF DISTRIBUTION OF CHILD PORNOGRAPHY USED AS
EVIDENCE IN PROSECUTIONS.
Section 3509 of title 18, United States Code, is amended by adding
at the end the following:
``(m) Prohibition on Reproduction of Child Pornography.--
``(1) In any criminal proceeding, any property or material
that constitutes child pornography (as defined by section 2256
of this title) must remain in the care, custody, and control of
either the Government or the court.
``(2)(A) Notwithstanding rule 16 of the Federal Rules of
Criminal Procedure, a court shall deny, in any criminal
proceeding, any request by the defendant to copy, photograph,
duplicate, or otherwise reproduce any property or material that
constitutes child pornography (as defined by section 2256 of
this title), so long as the Government makes the property or
material reasonably available to the defendant.
``(B) For the purposes of subparagraph (A), property or
material shall be deemed to be reasonably available to the
defendant if the Government provides ample opportunity for
inspection, viewing, and examination at a Government facility
of the property or material by the defendant, his or her
attorney, aid any individual the defendant may seek to qualify
to furnish expert testimony at trial.''.
SEC. 5. AUTHORIZING CIVIL AND CRIMINAL ASSET FORFEITURE IN CHILD
EXPLOITATION AND OBSCENITY CASES.
(a) Conforming Forfeiture Procedures for Obscenity Offenses.--
Section 1467 of title 18, United States Code, is amended--
(1) in subsection (a)(3), by inserting a period after ``of
such offense'' and striking all that follows; and
(2) by striking subsections (b) through (n) and inserting
the following:
``(b) The provisions of section 413 of the Controlled Substance Act
(21 U.S.C. 853) with the exception of subsection (d), shall apply to
the criminal forfeiture of property pursuant to subsection (a).
``(c) Any property subject to forfeiture pursuant to subjection (a)
may be forfeited to the United States in a civil case in accordance
with the procedures set forth in chapter 46 of this title.''.
(b) Amendments to Child Exploitation Forfeiture Provisions.--
(1) Criminal forfeiture.--Section 2253(a) of title 18,
United States Code, is amended--
(A) in the matter preceding paragraph (1) by--
(i) inserting ``or who is convicted of an
offense under sections 2252B or 2257 of this
chapter,'' after ``2260 of this chapter'';
(ii) inserting ``, or 2425'' after ``2423''
and striking ``or'' before ``2423''; and
(iii) inserting ``or an offense under
chapter 109A'' after ``of chapter 117''; and
(B) in paragraph (I), by inserting ``, 2252A, 2252B
or 2257'' after ``2252''.
(2) Civil forfeiture.--Section 2254(a) of title 18, United
States Code, is amended--
(A) in paragraph (1), by inserting ``, 2252A,
2252B, or 2257'' after ``2252'';
(B) in paragraph (2)--
(i) by striking ``or'' and inserting ``of''
before ``chapter 117'';
(ii) by inserting ``, or an offense under
section 2252B or 2257 of this chapter,'' after
``Chapter 117,'' and
(iii) by inserting ``, or an offense under
chapter 109A'' before the period; and
(C) in paragraph (3) by--
(i) inserting ``, or 2425'' after ``2423''
and striking ``or'' before ``2423''; and
(ii) inserting ``, a violation of section
2252B or 2257 of this chapter, or a violation
of chapter 109A'' before the period.
(c) Amendments to RICO.--Section 1961(1)(B) of title 18, United
States Code, is amended by inserting ``2252A, 2252B,'' after ``2252''.
SEC. 6. ENHANCING ADMINISTRATIVE SUBPOENA POWER TO COVER OBSCENITY.
Section 3486(a)(l) of title 18, United States Code, is amended--
(1) in subparagraph (A)(i), by striking ``children,'' and
inserting ``children; or (III) a Federal offense involving the
distribution of obscenity,''; and
(2) by inserting after subparagraph (D) the following:
``(E) As used in this paragraph, the term `Federal
offense involving the distribution of obscenity' means
an offense under section 1460, 1461, 1462, 1465, 1466,
1468, or 1470.''.
SEC. 7. PROHIBITING THE PRODUCTION OF OBSCENITY AS WELL AS
TRANSPORTATION, DISTRIBUTION, AND SALE.
(a) Section 1465.--Section 1465 of title 18 of the United States
Code is amended--
(1) by inserting ``Production and'' before
``Transportation'' in the heading of the section;
(2) by inserting ``produces with the intent to transport,
distribute, or transmit in interstate or foreign commerce, or
whoever knowingly'' after ``whoever knowingly'' and before
``transports or travels in''; and
(3) by inserting a comma after ``in or affecting such
commerce''.
(b) Section 1466.--Section 1466 of title 18 of the United States
Code is amended--
(1) in subsection (a), by inserting ``producing with intent
to distribute or sell, or'' before ``selling or transferring
obscene matter,'';
(2) in subsection (b), by inserting, ``produces'' before
``sells or transfers or offers to sell or transfer obscene
matter''; and
(3) in subsection (b) by inserting ``production,'' before
``selling or transferring or offering to sell or transfer such
material.''. | Child Pornography Prevention Act of 2005 - Amends federal criminal code provisions regarding the sexual exploitation of children to: (1) prohibit producers of visual depictions of sexually explicit conduct from refusing to permit the Attorney General to inspect records at business premises; and (2) modify the definition of "produces" to include actually filming, videotaping, photographing, or digitally manipulating an image of an actual human being that contains a visual depiction of sexually explicit conduct.
Requires, in any criminal proceeding: (1) any material that constitutes child pornography to remain in the care, custody, and control of either the government or the court; and (2) a court to deny any request by the defendant to reproduce material that constitutes child pornography, provided the government makes the material reasonably available to the defendant.
Makes specified provisions of the Controlled Substances Act applicable to the criminal forfeiture of obscene property. Authorizes criminal and civil asset forfeiture in specified child exploitation and obscenity cases, such as cases involving: (1) the use of interstate facilities to transmit information about a minor with intent to solicit sexual activity; and (2) the use of misleading domain names on the Internet with intent to deceive a person into viewing obscene material. Makes the Racketeer Influenced and Corrupt Organizations (RICO) Act applicable to activities relating to material involving the sexual exploitation of minors.
Authorizes administrative subpoenas for investigations of federal offenses involving the distribution of obscenity.
Prohibits the production of obscene matter. | {"src": "billsum_train", "title": "To enhance prosecution of child pornography and obscenity by strengthening section 2257 of title 18, United States Code, to ensure that children are not exploited in the production of pornography, prohibiting distribution of child pornography used as evidence in prosecutions, authorizing assets forfeiture in child pornography and obscenity cases, expanding administrative subpoena power to cover obscenity cases, and prohibiting the production of obscenity, as well as its transportation, distribution, and sale, and for other purposes."} | 3,433 | 356 | 0.530487 | 1.55806 | 0.650235 | 2.625442 | 10.745583 | 0.823322 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alaska Timber Industry Fairness
Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to assist entities involved in the
timber industry in Alaska--
(1) to deal with the adverse impacts of Federal timber
policy;
(2) to facilitate the economic adjustment of those
entities; and
(3) to retain jobs and lessen the impact of unemployment in
communities where those entities are located.
SEC. 3. FEDERAL TIMBER POLICY DEFINED.
In this Act, the term ``Federal timber policy'' means any law or
regulation of the United States relating to the timber industry,
including any policy of the United States Forest Service and any land
management plans completed pursuant to National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) related to the timber industry.
SEC. 4. GRANTS AUTHORIZED.
The Assistant Secretary for Economic Development of the Department
of Commerce (in this Act referred to as the ``Assistant Secretary'')
may provide grants to eligible entities described in section 5 for
retooling projects described in section 6.
SEC. 5. ELIGIBLE ENTITIES DESCRIBED.
An eligible entity described in this section is any entity,
including sawmills, logging companies, and road construction companies,
that--
(1) operated in the timber industry in Alaska on January 1,
2008;
(2) operated in the timber industry in Alaska for not less
than 10 years; and
(3) can demonstrate that the entity has been harmed by
Federal timber policy.
SEC. 6. RETOOLING PROJECTS DESCRIBED.
(a) In General.--A retooling project described in this section is a
project designed to facilitate the economic adjustment of an eligible
entity by allowing the eligible entity--
(1) to improve or alter the business and practices of the
eligible entity to allow the eligible entity to become more
competitive within the timber industry; or
(2) to shift to a type of business that is not related to
the timber industry.
(b) Additional Requirement.--An eligible entity seeking a grant for
a retooling project shall commit, to the extent practicable, to
continue to employ substantially the same number of employees employed
by the eligible entity on January 1, 2008, for a reasonable period
after the completion of the retooling project, as determined by the
Assistant Secretary.
SEC. 7. APPLICATION PROCESS.
(a) In General.--An eligible entity seeking a grant under this Act
shall submit an application to the Assistant Secretary in such form and
in such manner as the Assistant Secretary considers appropriate.
(b) Contents.--An application submitted under subsection (a) shall
include--
(1) a description of the retooling project for which the
eligible entity is seeking a grant;
(2) a business plan and budget, including start-up costs,
for the retooling project; and
(3) a demonstration of the likelihood of success of the
retooling project.
(c) Approval.--Not later than 30 days after the date on which the
Assistant Secretary receives an application under subsection (a) from
an eligible entity, the Assistant Secretary shall determine whether to
award a grant to the eligible entity.
(d) Denial.--If the Assistant Secretary determines not to award a
grant to an eligible entity that submitted an application under
subsection (a), the Assistant Secretary shall afford the eligible
entity a reasonable opportunity to address any deficiencies in the
application.
SEC. 8. AMOUNT OF GRANT.
(a) In General.--Not later than 30 days after the date on which the
Assistant Secretary determines to award a grant to an eligible entity,
the Assistant Secretary shall--
(1) approve the business plan and the budget for the
retooling project of the eligible entity; and
(2) determine the amount of the grant to award the eligible
entity.
(b) Determination.--In determining the amount of the grant to award
to an eligible entity, the Assistant Secretary shall consider the
budget for the retooling plan approved under subsection (a)(1). The
amount of the grant--
(1) shall cover 75 percent of the cost of the budget, not
including any debt reimbursement costs; and
(2) may cover up to 100 percent of the cost of the budget
if the Assistant Secretary determines appropriate based on--
(A) the severity of the harm to the eligible entity
related to Federal timber policy; and
(B) the extent of unemployment in the community in
which the retooling project will be based.
SEC. 9. USE OF GRANT FUNDS.
(a) In General.--An eligible entity receiving a grant under this
Act--
(1) may use the grant--
(A) to pay for start-up costs necessary for the
retooling project, including equipment, worker
training, facility acquisition, technical assistance,
and raw materials; and
(B) to reimburse the eligible entity for the
unamortized portion of debt described in subsection
(b); and
(2) may not use the grant for the ongoing operational and
maintenance costs of the eligible entity.
(b) Reimbursement of Debt.--
(1) In general.--An eligible entity may use a grant under
this Act for the reimbursement of debt under subsection
(a)(1)(B), without regard to whether the debt is held by
Federal or private lenders, if--
(A) the eligible entity demonstrates that the debt
was incurred--
(i) to acquire or improve infrastructure or
equipment related to the timber industry,
including sawmills, logging equipment, and road
construction equipment, as a result of Federal
timber policy; and
(ii) on or after January 1, 1998, and
before January 1, 2008; and
(B) the lender certifies and notarizes the amount
of unamortized debt.
(2) Reduction.--The amount of a grant to be used for the
reimbursement of debt under subsection (a)(1)(B) shall be
reduced by the amount of any proceeds from the sale by the
eligible entity of any infrastructure or equipment described in
paragraph (1)(A).
SEC. 10. DURATION OF GRANT PROGRAM.
The grant program under this Act shall be carried out during the 2-
year period beginning on the date on which the Assistant Secretary
prescribes the regulations under section 12.
SEC. 11. TREATMENT AS A MINORITY SMALL BUSINESS CONCERN UNDER THE SMALL
BUSINESS ACT.
Notwithstanding any other provision of law, an eligible entity
receiving a grant under this Act shall be treated as a small business
concern owned or controlled by socially and economically disadvantaged
individuals (as that term is defined in section 8(d)(3)(C) of the Small
Business Act (15 U.S.C. 637(d)(3)(C)) for purposes of the Small
Business Act (15 U.S.C. 631 et seq.) for 3 years after the date on
which the Assistant Secretary approves the application of the eligible
entity for a grant under section 7.
SEC. 12. REGULATIONS.
Not later than 120 days after the date of the enactment of this
Act, the Assistant Secretary shall prescribe regulations to carry out
the grant program under this Act.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Commerce $40,000,000 to carry out the grant program under this Act for
fiscal years 2009 and 2010. | Alaska Timber Industry Fairness Act - Establishes a two-year grant program for retooling projects that are designed to facilitate the economic adjustment of specified timber entities by allowing them to: (1) improve or alter their business and practices to become more competitive within the timber industry; or (2) shift to a type of business that is not related to the timber industry.
Authorizes the Assistant Secretary for Economic Development of the Department of Commerce to provide grants under such program to any entity that operated in the timber industry in Alaska on January 1, 2008, that operated in Alaska for not less than 10 years, and that can demonstrate that it has been harmed by federal laws or regulations relating to the timber industry, including the United States Forest Service's policies and land management plans completed pursuant to National Environmental Policy Act of 1969.
Sets forth provisions concerning eligible uses of grant funding.
Treats a grant recipient as a small business concern owned or controlled by socially and economically disadvantaged individuals (as that term is defined in the Small Business Act) for three years after the grant was approved. | {"src": "billsum_train", "title": "A bill to establish a grant program to encourage retooling of entities in the timber industry in Alaska, and for other purposes."} | 1,634 | 228 | 0.722484 | 2.14511 | 0.892709 | 4.526066 | 7.056872 | 0.905213 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employee Misclassification
Prevention Act''.
SEC. 2. CLASSIFICATION OF EMPLOYEES AND NON-EMPLOYEES.
(a) Recordkeeping and Notice Requirements.--Section 11(c) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 211(c)) is amended--
(1) by striking ``(c) Every employer subject to any
provision of this Act or of any order issued under this Act''
and inserting the following:
``(c) Recordkeeping and Notice Requirements.--
``(1) In general.--Every person subject to any provision of
this Act or of any order issued under this Act'';
(2) by striking ``of the persons employed by him'' and
inserting the following: ``of--
``(A) each individual employed by such person'';
(3) by striking ``employment maintained by him, and shall''
and inserting the following: ``employment;
``(B) subject to paragraph (2), each individual--
``(i) who is not an employee within the
meaning given the term in section 3(e)
(referred to in this subsection as a `non-
employee');
``(ii) whom the person has engaged, in the
course of the person's trade or business, for
the performance of labor or services; and
``(iii)(I) with respect to whom the person
is required to file an information return under
section 6041A(a) of the Internal Revenue Code
of 1986; or
``(II) who is providing labor or services
to the person through an entity that is a
trust, estate, partnership, association,
company, or corporation (as such terms are used
in section 7701(a)(1) of the Internal Revenue
Code of 1986) if--
``(aa) such individual has an
ownership interest in the entity;
``(bb) creation or maintenance of
such entity is a condition for the
provision of such labor or services to
the person; and
``(cc) the person would be required
to file an information return for the
entity under section 6041A(a) of the
Internal Revenue Code of 1986 if the
entity were an individual; and
``(C) the remuneration and hours relating to the
performance of labor or services by each individual
described in subparagraph (B); and
``(D) the notices required under paragraph (5),
and shall''; and
(4) by adding at the end the following:
``(2) Recordkeeping limitation.--A person otherwise subject
to the requirements of paragraph (1) shall have no
responsibility for making, keeping, or preserving records,
including the records described in such paragraph and paragraph
(4), concerning the employees of any individual described in
paragraph (1)(B) or the non-employees with whom such individual
has engaged for the performance of labor or services for such
person, unless such records are provided during the course of
the trade or business to the person.
``(3) Presumption.--
``(A) In general.--For purposes of this Act and the
regulations or orders issued under this Act, an
individual who is employed, or who is remunerated for
the performance of labor or services, by a person,
shall be presumed to be an employee of the person if--
``(i) the person has not made, kept, and
preserved records in accordance with
subparagraphs (B) and (C) of paragraph (1)
regarding the individual; or
``(ii) the person has not provided the
individual with the notice required under
paragraph (5).
``(B) Rebuttal.--The presumption under subparagraph
(A) shall be rebutted only through the presentation of
clear and convincing evidence that an individual
described in such subparagraph is not an employee
(within the meaning of section 3(e)) of the person.
``(4) Accurate classification.--An accurate classification
of the status of each individual described in paragraph (1) as
either an employee (within the meaning of section 3(e)) of the
person maintaining the records or a non-employee of such person
shall be included within the records under this subsection.
``(5) Notice.--
``(A) In general.--Every person subject to any
provision of this Act or of any order issued under this
Act shall provide the notice described in subparagraph
(C) to each employee of the person and each individual
classified by the person as a non-employee under
paragraph (1)(B).
``(B) Timing of notice.--
``(i) In general.--Such notice shall be
provided, at a minimum, not later than 6 months
after the date of enactment of the Employee
Misclassification Prevention Act, and
thereafter--
``(I) for new employees, upon
employment; and
``(II) for new non-employees who
are classified under paragraph (1)(B),
upon commencement of the labor or
services described in such paragraph.
``(ii) Change in status.--Each person
required to provide notice under subparagraph
(A) to an individual shall also provide such
notice to such individual upon changing such
individual's status as an employee or non-
employee under paragraph (1).
``(C) Contents of notice.--The notice required
under this paragraph shall be in writing and shall--
``(i) inform the individual of the
individual's classification, by the person
submitting the notice, as an employee or a non-
employee under paragraph (1);
``(ii) include a statement directing such
individual to a Department of Labor Web site
established for the purpose of providing
further information about the rights of
employees under the law;
``(iii) include the address and telephone
number for the applicable local office of the
United States Department of Labor;
``(iv) include for each individual
classified as a non-employee under paragraph
(1)(B) by the person submitting the notice, the
following statement: `Your rights to wage,
hour, and other labor protections depend upon
your proper classification as an employee or
non-employee. If you have any questions or
concerns about how you have been classified or
suspect that you may have been misclassified,
contact the U.S. Department of Labor.'; and
``(v) include such additional information
as the Secretary shall prescribe by
regulation.''.
(b) Special Prohibited Acts.--Section 15(a) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 215(a)) is amended--
(1) by striking paragraph (3) and inserting the following:
``(3) to discharge or in any other manner discriminate
against any individual (including an employee) because such
individual has--
``(A) opposed any practice, or filed a petition or
complaint or instituted or caused to be instituted any
proceeding--
``(i) under or related to this Act
(including concerning an individual's status as
an employee or non-employee for purposes of
this Act); or
``(ii) concerning an individual's status as
an employee or non-employee for employment tax
purposes within the meaning of subtitle C of
the Internal Revenue Code of 1986;
``(B) testified or is about to testify in any
proceeding described in subparagraph (A); or
``(C) served, or is about to serve, on an industry
committee;'';
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) to fail to accurately classify an individual as an
employee.''.
(c) Special Penalty for Certain Misclassification, Recordkeeping,
and Notice Violations.--Section 16 of the Fair Labor Standards Act of
1938 (29 U.S.C. 216) is amended--
(1) in subsection (b)--
(A) in the sixth sentence, by striking ``any
employee'' each place the term occurs and inserting
``any employee or individual'';
(B) in the fourth sentence, by striking
``employee'' and inserting ``employee or individual'';
(C) in the third sentence--
(i) by striking ``either of the preceding
sentences'' and inserting ``any of the
preceding sentences'';
(ii) by striking ``one or more employees''
and inserting ``one or more employees or
individuals''; and
(iii) by striking ``other employees'' and
inserting ``other employees or individuals,
respectively,''; and
(D) by inserting after the first sentence the
following: ``Such liquidated damages are doubled
(subject to section 11 of the Portal-to-Portal Pay Act
of 1947 (29 U.S.C. 260)) where, in addition to
violating the provisions of section 6 or 7, the
employer has violated the provisions of section
15(a)(6) with respect to such employee or employees.'';
and
(2) in subsection (e), by striking paragraph (2) and
inserting the following:
``(2) Any person who violates section 6, 7, 11(c), or 15(a)(6)
shall be subject to a civil penalty, for each employee or other
individual who was the subject of such a violation, in an amount--
``(A) not to exceed $1,100; or
``(B) in the case of a person who has repeatedly or
willfully committed such violation, not to exceed $5,000.''.
(d) Employee Rights Web Site.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Labor shall establish,
for purposes of section 11(c)(5)(C)(ii) of the Fair Labor
Standards Act of 1938 (as added by this Act), a single web page
on the Department of Labor Web site that summarizes in plain
language the rights of employees as described in the amendments
made by subsection (a) and other information considered
appropriate by the Secretary, including appropriate links to
additional information on the Department of Labor Web site or
other Federal agency Web sites. In addition, such web page--
(A) shall include a statement explaining that
employees may have additional or greater rights under
State or local laws and how employees may obtain
additional information about their rights under State
or local laws;
(B) shall be made available in English and any
other languages that the Secretary determines to be
prevalent among individuals likely to access the web
page; and
(C) may provide a link to permit individuals to
file complaints online.
(2) Coordination with other federal web sites.--The
Secretary shall coordinate with other relevant Federal agencies
in order to provide information similar to the information
described in paragraph (1) (or a link to the Department of
Labor web page required by this subsection) on the Web sites of
such other agencies.
SEC. 3. MISCLASSIFICATION OF EMPLOYEES FOR UNEMPLOYMENT COMPENSATION
PURPOSES.
(a) In General.--Section 303(a) of the Social Security Act (42
U.S.C. 503(a)) is amended--
(1) in paragraph (10), by striking the period and inserting
``; and''; and
(2) by adding after paragraph (10) the following:
``(11)(A) Such auditing and investigative procedures as may
be necessary to identify employers that have not registered
under the State law or that are paying unreported wages, where
these actions or omissions by the employers have the effect of
excluding employees from unemployment compensation coverage;
and
``(B) The making of quarterly reports to the Secretary of
Labor (in such form as the Secretary of Labor may require)
describing the results of the procedures under subparagraph
(A); and
``(12) The establishment of administrative penalties for
misclassifying employees, or paying unreported wages to
employees without proper recordkeeping, for unemployment
compensation purposes.''.
(b) Review of Auditing Programs.--The Secretary of Labor shall
include, in the Department of Labor's system for measuring States'
performance in conducting unemployment compensation tax audits, a
specific measure of their effectiveness in identifying the
underreporting of wages and the underpayment of unemployment
compensation contributions (including their effectiveness in
identifying instances of such underreporting or underpayments despite
the absence of cancelled checks, original time sheets, or other similar
documentation).
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsection (a) shall take effect 12 months
after the date of the enactment of this Act.
(2) Exception.--If the Secretary of Labor finds that
legislation is necessary in order for the unemployment
compensation law of a State to comply with the amendments made
by subsection (a), such amendments shall not apply with respect
to such law until the later of--
(A) the day after the close of the first regular
session of the legislature of such State which begins
after the date of the enactment of this Act; or
(B) 12 months after the date of the enactment of
this Act.
(d) Definition of State.--For purposes of this section, the term
``State'' has the meaning given such term by section 3306(j) of the
Internal Revenue Code of 1986.
SEC. 4. DEPARTMENT OF LABOR COORDINATION, REFERRAL, AND REGULATIONS.
(a) Coordination and Referral.--Notwithstanding any other provision
of law, any office, administration, or division of the Department of
Labor that, while in the performance of its official duties, obtains
information regarding the misclassification by a person subject to the
provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.) or any order issued under such Act of any individual regarding
whether such individual is an employee or a non-employee contracted for
the performance of labor or services for purposes of section 6 or 7 of
such Act (29 U.S.C. 206, 207) or in records required under section
11(c) of such Act (29 U.S.C. 211(c)), shall report such information to
the Wage and Hour Division of the Department. The Wage and Hour
Division may report such information to the Internal Revenue Service as
the Division considers appropriate.
(b) Regulations.--The Secretary of Labor shall promulgate
regulations to carry out this Act and the amendments made by this Act.
SEC. 5. TARGETED AUDITS.
The audits of employers subject to the Fair Labor Standards Act of
1938 (29 U.S.C. 201 et seq.) that are conducted by the Wage and Hour
Division of the Department of Labor shall include certain industries
with frequent incidence of misclassifying employees as non-employees,
as determined by the Secretary of Labor. | Employee Misclassification Prevention Act - Amends the Fair Labor Standards Act of 1938 (FLSA) to require every person to: (1) keep records of non-employees (contractors) who perform labor or services (except substitute work), including through an entity such as a trust, estate, partnership, association, company, or corporation, for remuneration; and (2) provide certain notice to each new employee and new non-employee, including their classification as an employee or non-employee and information concerning their rights under the law.
Makes it unlawful for any person to: (1) discharge or otherwise discriminate against an individual (including an employee) who has opposed any practice, or filed a complaint or instituted any proceeding related to this Act, including with respect to an individual's status as an employee or non-employee; and (2) fail to classify accurately an employee or non-employee.
Doubles the amount of liquidated damages for maximum hours, minimum wage, and notice of classification violations by an employer. Subjects a person who: (1) violates such requirements (including recordkeeping requirements) to a civil penalty of up to $1,100; or (2) repeatedly or willfully violates such requirements to a civil penalty of up to $5,000 for each violation.
Directs the Secretary of Labor to establish a webpage on the Department of Labor website that summarizes the rights of employees under this Act and other appropriate information.
Amends the Social Security Act to require, as a condition for a federal grant for the administration of state unemployment compensation, for the state's unemployment compensation law to include a provision for: (1) auditing programs that identify employers that have not registered under the state law or that are paying unreported compensation where the effect is to exclude employees from unemployment compensation coverage; and (2) establishing administrative penalties for misclassifying employees or paying unreported unemployment compensation to employees.
Requires any office, administration, or division of the Department of Labor to report any misclassification of an employee by a person subject to the FLSA that it discovers to the Department's Wage and Hour Division (WHD). Authorizes the WHD to report such information to the Internal Revenue Service (IRS). | {"src": "billsum_train", "title": "A bill to amend the Fair Labor Standards Act of 1938 to require persons to keep records of non-employees who perform labor or services for remuneration and to provide a special penalty for persons who misclassify employees as non-employees, and for other purposes."} | 3,368 | 491 | 0.520238 | 1.649222 | 0.767103 | 3.135514 | 7.193925 | 0.920561 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Savings and Investment Act
of 2004''.
SEC. 2. INCOME TAX ON QUALIFIED COMMUNITY LENDERS.
(a) In General.--Section 11 of the Internal Revenue Code of 1986
(relating to tax imposed on corporations) is amended by redesignating
subsection (d) as subsection (e) and by inserting after subsection (c)
the following:
``(d) Qualified Community Lenders.--
``(1) In general.--In the case of a qualified community
lender, in lieu of the amount of tax under subsection (b), the
amount of tax imposed by subsection (a) for a taxable year
shall be the sum of--
``(A) 15 percent of so much of the taxable income
as exceeds $250,000 but does not exceed $1,000,000, and
``(B) the highest rate of tax imposed by subsection
(b) multiplied by so much of the taxable income as
exceeds $1,000,000.
``(2) Qualified community lender.--For purposes of
paragraph (1), the term `qualified community lender' means a
bank--
``(A) which achieved a rating of `satisfactory
record of meeting community credit needs', or better,
at the most recent examination of such bank under the
Community Reinvestment Act of 1977,
``(B) the outstanding local community loans of
which at all times during the taxable year comprised
not less than 60 percent of the total outstanding loans
of that bank,
``(C) meets the ownership requirements of paragraph
(3), and
``(D) at all times during the taxable year has
total assets of not more than $1,000,000,000.
``(3) Ownership requirements.--
``(A) In general.--The ownership requirements of
this paragraph are met with respect to any bank if--
``(i) no shares of, or other ownership
interests in, the bank are publicly traded, or
``(ii) in the case of a bank the shares of
which or ownership interests in which are
publicly traded, the last known address of the
holders of at least \2/3\ of all such shares or
interests, including persons for whose benefit
such shares or interests are held by another,
is in the home State of the bank or a State
contiguous to such home State.
``(B) Home state defined.--For purposes of
subparagraph (A), the term `home State' means--
``(i) with respect to a national bank or
Federal savings association, the State in which
the main office of the bank or savings
association is located, and
``(ii) with respect to a State bank or
State savings association, the State by which
the bank or savings association is chartered.
``(4) Other definitions.--For purposes of this subsection--
``(A) Bank.--The term `bank'--
``(i) has the meaning given to such term in
section 581, and
``(ii) includes any bank--
``(I) in which at least 80 percent
of the shares of, or other ownership
interests in, the bank are owned by
other qualified community lenders, and
``(II) the sole purpose of which is
to serve the banking needs of such
lenders.
``(B) Local community loan.--The term `local
community loan' means--
``(i) any loan originated by a bank to any
person, other than a related person with
respect to the bank, who is a resident of a
community in which the bank is chartered or in
which it operates an office at which deposits
are accepted, and
``(ii) any loan originated by a bank to any
person, other than a related person with
respect to the bank, who is engaged in a trade
or business in any such community, to the
extent that all or substantially all of the
proceeds of such loan are expended in
connection with the trade or business of such
person in any such community.
``(C) Related person.--The term `related person'
means, with respect to any bank, any affiliate of the
bank, any person who is a director, officer, or
principal shareholder of the bank, and any member of
the immediate family of any such person.''.
(b) S Corporation Income.--Section 1 of the Internal Revenue Code
of 1986 (relating to tax imposed) is amended by adding at the end the
following:
``(j) Community Lender Income From S Corporation.--
``(1) In general.--If a taxpayer has community lender
income from a S corporation for any taxable year, the tax
imposed by this section for such taxable year shall be the sum
of--
``(A) the tax computed at the rates and in the same
manner as if this subsection had not been enacted on
the greater of--
``(i) taxable income reduced by community
lender income, or
``(ii) the lesser of--
``(I) the amount of taxable income
taxed at a rate below 25 percent, or
``(II) taxable income reduced by
community lender income, and
``(B) a tax on community lender income computed
at--
``(i) a rate of zero on zero-rate community
lender income,
``(ii) a rate of 15 percent on 15 percent
community lender income, and
``(iii) the highest rate in effect under
this section with respect to the taxpayer on
the excess of community lender income on which
a tax is determined under clause (i) or (ii).
``(2) Community lender income.--For purposes of paragraph
(1)--
``(A) In general.--The term `qualified community
lender income' means taxable income (if any) of a
qualified community lender (as defined in section
11(d)(2)) that is an S corporation, determined at the
entity level.
``(B) Zero-rate community lender income.--The term
`zero-rate community lender income' means the
taxpayer's pro rata share of so much of community
lender income as does not exceed $250,000.
``(C) 15 percent community lender income.--The term
`15 percent community lender income' means the
taxpayer's pro rata share of so much of community
lender income as exceeds $250,000 but does not exceed
$1,000,000.
``(D) Special rules.--
``(i) For purposes of this paragraph, the
taxpayer's pro rata share of community lender
income shall be determined under part II of
subchapter S.
``(ii) This subsection shall be applied
after the application of subsection (h).''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003.
SEC. 3. EXCLUSION FROM INCOME TAXATION FOR INCOME DERIVED FROM BANKING
SERVICES WITHIN DISTRESSED COMMUNITIES.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to items specifically excluded
from gross income) is amended by inserting after section 140A the
following new section:
``SEC. 140B. BANKING SERVICES WITHIN DISTRESSED COMMUNITIES.
``(a) In General.--At the election of the taxpayer, gross income
shall not include distressed community banking income.
``(b) Distressed Community Banking Income.--For purposes of
subsection (a), the term `distressed community banking income' means
net income of a qualified depository institution which is derived from
the active conduct of a banking business in a distressed community.
``(c) Qualified Depository Institution.--For purposes of this
section, an institution is a qualified depository institution if--
``(1) such institution is an insured depository institution
(as defined in section 3 of the Federal Deposit Insurance Act
(12 U.S.C. 1813)),
``(2) such institution is located in, or has a branch
located in, a qualified distressed community, and
``(3) as of the last day of the taxable year, at least 85
percent of its loans from its location within the qualified
distressed community are local community loans (as defined in
section 11(d)(4)(B)).
``(d) Distressed Community.--For purposes of this section, the term
`distressed community' has the meaning given the term `qualified
distressed community' by section 233 of the Bank Enterprise Act of 1991
(12 U.S.C. 1834a(b)).''.
(b) Clerical Amendment.--The table of sections for part III of
subchapter B of chapter 1 of the Internal Revenue Code of 1986 is
amended by inserting after the item relating to section 140A the
following:
``Sec. 140B. Banking services within
distressed communities.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Community Savings and Investment Act of 2004 - Amends the Internal Revenue Code to establish a separate corporate income tax rate for qualified community lenders of: (1) 15 percent of the amount of taxable income over $250,000 up to $1 million; and (2) the highest corporate tax rate imposed (currently 35%) for income over $1 million. Defines "qualified community lender" as a local community bank which: (1) achieved a satisfactory record of meeting community credit needs at its most recent Federal bank examination: (2) provided not less than 60 percent of its loans to its local community; (2) meets specified community ownership requirements; and (4) has total assets of not more than $1 billion. Reduces tax rates on certain subchapter S taxable income attributable to community lender income.
Excludes from gross income distressed community banking income. Defines "distressed community banking income" as the net income of an FDA-insured bank which is derived from the active conduct of a banking business in a low-income, high unemployment community as defined by the Bank Enterprise Act of 1991. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to encourage a strong community-based banking system."} | 2,049 | 232 | 0.62111 | 1.657839 | 0.837525 | 2.725581 | 8.64186 | 0.846512 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``People for the Planet Act of 2008''.
SEC. 2. TAX CHECK-OFF FOR ENVIRONMENT PRESERVATION.
(a) In General.--Subchapter A of chapter 61 of the Internal Revenue
Code of 1986 (relating to information and returns) is amended by adding
at the end the following new part:
``PART IX--DESIGNATION OF INCOME TAX PAYMENTS TO ENVIRONMENTAL
PROTECTION TRUST FUND
``Sec. 6098. Designation to Environmental Protection Trust Fund.
``SEC. 6098. DESIGNATION TO ENVIRONMENTAL PROTECTION TRUST FUND.
``(a) In General.--Every individual (other than a nonresident
alien) whose adjusted income tax liability for the taxable year is $3
or more may designate that $3 shall be paid over to the Environmental
Protection Trust Fund in accordance with the provisions of section
9511. In the case of a joint return of husband and wife having an
adjusted income tax liability of $6 or more, each spouse may designate
that $3 shall be paid to the fund.
``(b) Adjusted Income Tax Liability.--For purposes of subsection
(a), the term `adjusted income tax liability' means, for any individual
for any taxable year, the excess (if any) of--
``(1) the income tax liability (as defined in section
6096(b)) of the individual for the taxable year, over
``(2) any amount designated by the individual (and, in the
case of a joint return, any amount designated by the
individual's spouse) under section 6096(a) for such taxable
year.
``(c) Manner and Time of Designation.--A designation under
subsection (a) may be made with respect to any taxable year--
``(1) at the time of filing the return of the tax imposed
by chapter 1 for such taxable year, or
``(2) at any other time (after the time of filing the
return of the tax imposed by chapter 1 for such taxable year)
specified in regulations prescribed by the Secretary.
Such designation shall be made in such manner as the Secretary
prescribes by regulations except that, if such designation is made at
the time of filing the return of the tax imposed by chapter 1 for such
taxable year, such designation shall be made either on the first page
of the return or on the page bearing the taxpayer's signature.''
(b) Environmental Protection Trust Fund.--Subchapter A of chapter
98 of such Code (relating to establishment of trust funds) is amended
by adding at the end the following new section:
``SEC. 9511. ENVIRONMENTAL PROTECTION 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 `Environmental
Protection 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 Environmental Protection Trust Fund amounts equivalent to the
amounts designated under section 6098.
``(c) Expenditures.--Amounts in the Environmental Protection Trust
Fund shall be available, as provided in appropriation Acts, only for
purposes of ecosystem restoration, reforestation, reclaiming timber
roads in national forests, watershed protection, preservation of Great
Lakes and other bodies of water and rivers, funding for biodiversity
partnerships, and for such other purposes as the Environmental
Protection Trust Fund Board recommends.''.
(c) Clerical Amendments.--
(1) The table of parts for subchapter A of chapter 61 of
such Code is amended by adding at the end the following new
item:
``Part IX. Designation of Income Tax Payments to Environmental
Protection Trust Fund.''
(2) The table of sections for subchapter A of chapter 98 of
such Code is amended by adding at the end the following new
item:
``Sec. 9511. Environmental Protection Trust Fund.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
(e) Environmental Protection Trust Fund Board.--
(1) Establishment.--There is established the Environmental
Protection Trust Fund Board (in this subsection referred to as
the ``Board'').
(2) Functions.--The Board shall--
(A) recommend Federal agency activities and non-
Federal projects for funding with amounts appropriated
from the Environmental Protection Trust Fund
established by section 9511 of the Internal Revenue
Code of 1986 (as amended by this section); and
(B) Monitor use of amounts appropriated from the
Environmental Protection Trust Fund.
(3) Membership.--The membership of the Board shall consist
of the following individuals (or their designees):
(A) The Secretary of the Interior.
(B) The Administrator of the Environmental
Protection Agency.
(C) The Director of the Council on Environmental
Quality.
(D) The Speaker of the House of Representatives.
(E) The majority leader of the House of
Representatives.
(F) The minority leader of the House of
Representatives.
(G) The President Pro Tempore of the Senate.
(H) The majority leader of the Senate.
(I) The minority leader of the Senate.
SEC. 3. SPECIAL RULE FOR CONTRIBUTIONS OF QUALIFIED CONSERVATION
CONTRIBUTIONS MADE PERMANENT.
(a) In General.--
(1) Individuals.--Subparagraph (E) of section 170(b)(1) of
the Internal Revenue Code of 1986 (relating to contributions of
qualified conservation contributions) is amended by striking
clause (vi).
(2) Corporations.--Subparagraph (B) of section 170(b)(2) of
such Code (relating to qualified conservation contributions) is
amended by striking clause (iii).
(b) Effective Date.--The amendments made by this section shall
apply to contributions made in taxable years beginning after December
31, 2007.
SEC. 4. 100 PERCENT DEDUCTION FOR REFORESTATION EXPENDITURES TO REPLACE
AMORTIZATION.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to itemized deductions for
individuals and corporations) is amended by adding at the end the
following new section:
``SEC. 200. REFORESTATION EXPENDITURES.
``(a) Allowance of Deduction.--In the case of any qualified timber
property with respect to which the taxpayer has made (in accordance
with regulations prescribed by the Secretary) an election under this
subsection, there shall be allowed as a deduction for the taxable year
an amount equal to the reforestation expenditures paid or incurred by
the taxpayer during such year with respect to such property.
``(b) Qualified Timber Property.--The term `qualified timber
property' means a woodlot or other site located in the United States
which will contain trees in significant commercial quantities and which
is held by the taxpayer for the planting, cultivating, caring for, and
cutting of trees for sale or use in the commercial production of timber
products.
``(c) Reforestation Expenditures.--
``(1) In general.--For purposes of this section, the term
`reforestation expenditures' means direct costs incurred in
connection with forestation or reforestation by planting or
artificial or natural seeding, including costs--
``(A) for the preparation of the site,
``(B) of seeds or seedlings, and
``(C) for labor and tools, including depreciation
of equipment such as tractors, trucks, tree planters,
and similar machines used in planting or seeding.
``(2) Cost-sharing programs.--Reforestation expenditures
shall not include any expenditures for which the taxpayer has
been reimbursed under any governmental reforestation cost-
sharing program unless the amounts reimbursed have been
included in the gross income of the taxpayer.
``(d) Life Tenant and Remainderman.--In the case of property held
by one person for life with remainder to another person, the deduction
under this section shall be computed as if the life tenant were the
absolute owner of the property and shall be allowed to the life
tenant.''.
(b) Termination of Amortization of Reforestation Expenditures.--
Section 194 of such Code (relating to amortization of reforestation
expenditures) is amended by adding at the end the following new
subsection:
``(e) Termination.--This section shall not apply to any amount paid
or incurred after the date of the enactment of this subsection.''.
(c) Clerical Amendment.--The table of sections for part VI of
subchapter B of chapter 1 of such Code is amended by inserting at the
end the following new item:
``Sec. 200. Reforestation expenditures.''.
(d) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after the date of the enactment of
this Act.
SEC. 5. SENSE OF CONGRESS REGARDING BIODIVERSITY PARTNERSHIPS.
It is the sense of Congress that--
(1) the Government of the United States should promote
biodiversity partnerships in the United States and abroad to
better protect our Earth;
(2) such partnerships are already established, and there
needs to be more involvement in such partnerships;
(3) businesses and conservation organizations have formed
compatible partnerships to achieve win-win biodiversity
conservation solutions in the real world;
(4) experienced nongovernmental organization teach others
how to form partnerships in developing countries where
biodiversity hotspots require swift action and local people
need meaningful employment;
(5) one of the most enlightening conversation partnerships
is saving sea turtles and sea turtle habitat around the world;
(6) these are models that should be implemented for other
endangered populations; and
(7) green enterprise is becoming the norm throughout the
world, with scores of new private-public environmental
partnerships being established daily, and the Government of the
United States needs to encourage more companies and individuals
to be involved in such efforts. | People for the Planet Act of 2008 - Amends the Internal Revenue Code to establish in the Treasury the Environmental Protection Trust Fund to promote ecosystem restoration, reforestation, reclamation of timber roads in national forests, watershed protection, preservation of Great Lakes and other bodies of water, and funding of biodiversity partnerships. Allows individual taxpayers (other than nonresident aliens) to designate on their income tax returns a payment of $3 of their income tax liability to such Trust Fund.
Makes permanent the tax deduction for individual and corporate contributions of conservation easements.
Allows a tax deduction for reforestation expenditures.
Expresses the sense of Congress that the government should encourage biodiversity partnerships. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to promote environmental protection and generate preservation efforts, and for other purposes."} | 2,309 | 150 | 0.476802 | 1.331633 | 0.74477 | 3.460317 | 16.055556 | 0.904762 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Dream Assistance Act of
1992''.
SEC. 2. PENALTY-FREE WITHDRAWALS FOR FIRST-TIME HOMEBUYERS.
(a) In General.--Paragraph (2) of section 72(t) of the Internal
Revenue Code of 1986 (relating to exceptions to 10-percent additional
tax on early distributions from qualified retirement plans) is amended
by adding at the end thereof the following new subparagraph:
``(D) Distributions from individual retirement
plans for first home purchases.--Distributions to an
individual from an individual retirement plan which are
qualified first-time homebuyer distributions (as
defined in paragraph (6)).''
(b) First-Time Homebuyer Distributions.--Section 72(t) of such Code
is amended by adding at the end thereof the following new paragraph:
``(6) Qualified first-time homebuyer distributions.--For
purposes of paragraph (2)(D)--
``(A) In general.--The term `qualified first-time
homebuyer distribution' means any payment or
distribution received by an individual to the extent
such payment or distribution is used by the individual
before the close of the 60th day after the day on which
such payment or distribution is received to pay
qualified acquisition costs with respect to a principal
residence of a first-time homebuyer who is such
individual or the child of such individual.
``(B) Qualified acquisition costs.--For purposes of
this paragraph, the term `qualified acquisition costs'
means the costs of acquiring, constructing, or
reconstructing a residence. Such term includes any
usual or reasonable settlement, financing, or other
closing costs.
``(C) First-time homebuyer; other definitions.--For
purposes of this paragraph--
``(i) First-time homebuyer.--The term
`first-time homebuyer' means any individual if
such individual (and if married, such
individual's spouse) had no present ownership
interest in a principal residence during the 3-
year period ending on the date of acquisition
of the principal residence to which this
paragraph applies.
``(ii) Principal residence.--The term
`principal residence' has the same meaning as
when used in section 1034.
``(iii) Date of acquisition.--The term
`date of acquisition' means the date--
``(I) on which a binding contract
to acquire the principal residence to
which subparagraph (A) applies is
entered into, or
``(II) on which construction or
reconstruction of such a principal
residence is commenced.
``(D) Special rule where delay in acquisition.--
If--
``(i) any amount is paid or distributed
from an individual retirement plan to an
individual for purposes of being used as
provided in subparagraph (A), and
``(ii) by reason of a delay in the
acquisition of the residence, the requirements
of subparagraph (A) cannot be met,
the amount so paid or distributed may be paid into an
individual retirement plan as provided in section
408(d)(3)(A)(i) without regard to section 408(d)(3)(B),
and, if so paid into such other plan, such amount shall
not be taken into account in determining whether
section 408(d)(3)(A)(i) applies to any other amount.''
(c) Effective Date.--The amendments made by this section shall
apply to payments and distributions after the date of the enactment of
this Act.
SEC. 3. PARENT'S GUARANTEE OF CHILD'S LOAN NOT GIFT FOR GIFT TAX
PURPOSES.
(a) In General.--Section 2503 of the Internal Revenue Code of 1986
(defining taxable gifts) is amended by adding at the end thereof the
following new subsection:
``(h) Exclusion for Guarantee By Parent of Loan to Child or Child's
Business, Etc.--
``(1) In general.--The mere making of a qualified guarantee
shall not be treated as a transfer of property by gift for
purposes of this chapter.
``(2) Qualified guarantee.--For purposes of this
subsection, the term `qualified guarantee' means any guarantee
by an individual of a loan to--
``(A) any lineal descendent of such individual or
any spouse of such a lineal descendent, or
``(B) any business enterprise all of the interests
in which (other than any interest as a creditor) are
owned by individuals described in subparagraph (A).''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to guarantees made before, on, or after the date of the enactment
of this Act. | American Dream Assistance Act of 1992 - Amends the Internal Revenue Code to allow an individual to make penalty-free withdrawals from an individual retirement account for the acquisition by such individual or the individual's child of a principal residence which is a first home.
Provides that a parent's guarantee of a loan to a child or the child's spouse or to the child's business is not a gift for gift tax purposes. | {"src": "billsum_train", "title": "American Dream Assistance Act of 1992"} | 1,078 | 96 | 0.527473 | 1.275057 | -0.071926 | 2.419753 | 11.481481 | 0.938272 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Collegiate Learning and Student
Savings Act''.
SEC. 2. ELIGIBLE EDUCATIONAL INSTITUTIONS PERMITTED TO MAINTAIN
QUALIFIED TUITION PROGRAMS.
(a) In General.--Section 529(b)(1) of the Internal Revenue Code of
1986 (defining qualified State tuition program) is amended by inserting
``or by 1 or more eligible educational institutions or a consortium
that consists solely of eligible educational institutions'' after
``maintained by a State or agency or instrumentality thereof''.
(b) Private Qualified Tuition Programs Limited to Benefit Plans.--
Clause (ii) of section 529(b)(1)(A) of the Internal Revenue Code of
1986 is amended by inserting ``in the case of a program established and
maintained by a State or agency or instrumentality thereof'' before
``may make''.
(c) Conforming Amendments.--
(1) The text and headings of each of the sections 72(e)(9),
135(c)(2(C), 135(d)(1)(D), 529, 530(b)(2)(B), 4973(e), and
6693(a)(2)(C) of the Internal Revenue Code of 1986 is amended
by striking ``qualified State tuition'' each place it appears
and inserting ``qualified tuition''.
(2)(A) The section heading of section 529 of such Code is
amended to read as follows:
``SEC. 529. QUALIFIED TUITION PROGRAMS.''.
(B) The item relating to section 529 in the table of
sections for part VIII of subchapter F of chapter 1 of such
Code is amended by striking ``State''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1999.
SEC. 3. EXCLUSION FROM GROSS INCOME OF EDUCATION DISTRIBUTIONS FROM
QUALIFIED TUITION PROGRAMS.
(a) In General.--Section 529(c)(3)(B) of the Internal Revenue Code
of 1986 (relating to distributions) is amended to read as follows:
``(B) Distributions for qualified higher education
expenses.--
``(i) In general.--If a distributee elects
the application of this clause for any taxable
year--
``(I) no amount shall be includible
in gross income under subparagraph (A)
by reason of a distribution which
consists of providing a benefit to the
distributee which, if paid for by the
distributee, would constitute payment
of a qualified higher education
expense, and
``(II) the amount which (but for
the election) would be includible in
gross income under subparagraph (A) by
reason of any other distribution shall
not be so includible in an amount which
bears the same ratio to the amount
which would be so includible as such
expenses bear to such aggregate
distributions.
``(ii) In-kind distributions.--Any benefit
furnished to a designated beneficiary under a
qualified State tuition program shall be
treated as a distribution to the beneficiary
for purposes of this paragraph.
``(iii) Disallowance of excluded amounts as
credit or deduction.--No deduction or credit
shall be allowed to the taxpayer under any
other section of this chapter for any qualified
higher education expenses to the extent taken
into account in determining the amount of the
exclusion under this subparagraph.''.
(b) Beneficiary May Change Program.--Section 529(c)(3)(C) of the
Internal Revenue Code of 1986 (relating to change in beneficiaries) is
amended--
(1) in clause (i), by inserting ``to another qualified
tuition program for the benefit of the designated beneficiary
or'' after ``transferred'', and
(2) in the heading, by inserting ``or programs'' after
``beneficiaries.
(c) Additional Tax on Amounts Not Used for Higher Education
Expenses.--Section 529(c)(3) of the Internal Revenue Code of 1986
(relating to distributions) is amended by adding at the end the
following:
``(E) Additional tax on amounts not used for higher
education expenses.--The tax imposed by section
530(d)(4) shall apply to payments and distributions
from qualified tuition programs in the same manner as
such tax applies to education individual retirement
accounts.''.
(d) Coordination With Education Credits.--Section 25A(e)(2) of the
Internal Revenue Code of 1986 (relating to coordination with
exclusions) is amended--
(1) by inserting ``a qualified tuition program or'' before
``an education individual retirement account'', and
(2) by striking ``section 530(d)(2)'' and inserting
``section 529(c)(3)(B) or 530(d)(2)''.
(e) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to distributions
made after December 31, 1999, for education furnished in
academic periods beginning after such date.
(2) Private programs.--In the case of a qualified tuition
program established and maintained by an entity other than a
State or agency or instrumentality thereof, the amendments made
by subsections (a), (c), and (d) shall apply to distributions
made after December 31, 2003, for education furnished in
academic periods beginning after such date.
SEC. 4. QUALIFIED TUITION PROGRAMS INCLUDED IN SECURITIES EXEMPTION.
(a) Exempted Securities.--Section 3(a)(4) of the Securities Act of
1933 (15 U.S.C. 77c(a)(4)) is amended by striking ``individual;'' and
inserting ``individual or any security issued by a prepaid tuition
program described in section 529 of the Internal Revenue Code of
1986;''.
(b) Qualified Tuition Programs Not Investment Companies.--Section
3(c) of the Investment Company Act of 1940 (15 U.S.C. 80a-3(c)) is
amended by adding at the end the following:
``(15) Any prepaid tuition program described in section 529
of the Internal Revenue Code of 1986.''. | Collegiate Learning and Student Savings Act - Amends the Internal Revenue Code to: (1) permit private higher educational institutions, in addition to currently permitted State institutions, to establish qualified tuition programs; and (2) exclude from gross income such program distributions used for qualified higher education expenses.
Amends the Investment Company Act of 1940 to exempt qualified tuition programs from the definition of an investment company. | {"src": "billsum_train", "title": "Collegiate Learning and Student Savings Act"} | 1,451 | 82 | 0.524833 | 1.211913 | 0.56683 | 2.144737 | 15.368421 | 0.881579 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Targeted Revenue Sharing
Act of 2003''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Federal grants to State and local governments predate
the Constitution. Early grants included land grants for public
schools and universities. Later, Congress created financial
grants to the States with matching requirements and conditions,
including grants for highway construction, vocational
education, public health, and maternity care.
(2) During the Nixon Administration, the emphasis of
Federal grants-in-aid programs was shifted from categorical
grants to block grants and general revenue sharing, which sent
funds to State and local governments with virtually no
programmatic requirements. Revenue sharing is not a new or
radical proposal.
(3) Despite this long history of assistance to State and
local governments, the Federal Government is not providing
sufficient aid to the States in their current fiscal crisis.
The State fiscal crisis is twice as severe as the crisis in the
early 1990s, with States carrying fiscal year 2004 budget
deficits totaling roughly $100,000,000,000. Yet continuing
decreases in Federal taxes for the wealthiest Americans leave
significantly fewer Federal revenues to help the States provide
basic services for their residents.
(4) To meet residents' needs, States have been forced to
increase income, property, and sales taxes for middle-income
and working families, in addition to raising taxes on
businesses. States also have had to cut funding for health
care, education, child care, public safety, and other programs.
At least 18 States have planned or are considering cuts in
spending on elementary and secondary education, resulting in
shortened school years and teacher layoffs. Cuts in State aid
have caused many colleges and universities to lay off faculty
and raise tuition.
(5) Federal spending for the war and occupation of Iraq is
further straining the Federal Government's ability to aid the
States, undermining financial assistance for education, public
housing, Medicaid, Temporary Assistance for Needy Families, and
other important programs.
(6) Defense appropriations will grow rapidly and
uncontrollably, continuing to crowd out spending for vital
human needs at the Federal and State levels. Homeland security
is directly threatened by cuts in police, fire, and hospital
budgets.
(7) The Federal Government must help the States to avert
greater fiscal damage because it has more economic tools
available than the States. Unlike the Federal Government, 49
States have some form of a balanced budget requirement, forcing
States to reduce expenditures, increase revenues, or use both
of these options to close their budget gaps.
(8) To live up to its historic obligations and provide
relief at a time of economic disaster, the Federal Government
immediately should enact a program of emergency targeted
revenue sharing, with assistance for schools and education
given first priority.
SEC. 3. EDUCATION FINANCIAL ASSISTANCE FOR STATES AND THEIR LOCAL
GOVERNMENTS.
(a) Appropriation.--There is authorized to be appropriated and is
appropriated to carry out this section $14,500,000,000 for fiscal year
2003, $12,500,000,000 for fiscal year 2004, and $12,500,000,000 for
fiscal year 2005.
(b) Payment.--The Secretary of the Treasury shall pay to each State
an amount equal to the amount allotted to the State under subsection
(c).
(c) Allotments.--From the amounts appropriated under subsection (a)
for each fiscal year, the Secretary of the Treasury shall allot to each
of the States as follows, except that no State shall receive less than
\1/2\ of 1 percent of such amount:
(1) State level.--50 percent shall be allotted among such
States on the basis of the relative school-age population of
each such State, as determined by the Secretary of the
Treasury, in consultation with the Secretary of Education, on
the basis of the most recent decennial census.
(2) Local government level.--50 percent shall be allotted
among such States as determined under paragraph (1) for
distribution by the State to the various units of general local
government within such States on the basis of the relative
school-age population of each such unit within each such State,
as determined by the Secretary of the Treasury, in consultation
with the Secretary of Education, on the basis of the most
recent decennial census.
(d) Use of Funds by State and Local Governments.--Funds received
under this section may be used only for ordinary and necessary
maintenance and operating expenses, and ordinary and necessary capital
expenditures authorized by law, for primary, secondary, or higher
education.
(e) Effective Date.--Not later than 45 days after the date of
enactment of this Act, the Secretary of the Treasury shall make
payments to States under this section for fiscal year 2003. The
Secretary of the Treasury shall make subsequent fiscal year payments
not later than one year following the prior fiscal year's payments
under this section.
SEC. 4. GENERAL REVENUE SHARING WITH STATES AND THEIR LOCAL
GOVERNMENTS.
(a) Appropriation.--There is authorized to be appropriated and is
appropriated to carry out this section $14,500,000,000 for fiscal year
2003, $12,500,000,000 for fiscal year 2004, and $12,500,000,000 for
fiscal year 2005.
(b) Payment.--The Secretary of the Treasury shall pay to each State
an amount equal to the amount allotted to the State under subsection
(c).
(c) Allotments.--From the amounts appropriated under subsection (a)
for each fiscal year, the Secretary of the Treasury shall allot to each
of the States as follows, except that no State shall receive less than
\1/2\ of 1 percent of such amount:
(1) State level.--50 percent shall be allotted among such
States on the basis of the relative population of each such
State, as determined by the Secretary of the Treasury on the
basis of the most recent decennial census.
(2) Local government level.--50 percent shall be allotted
among such States as determined under paragraph (1) for
distribution by the State to the various units of general local
government within such States on the basis of the relative
population of each such unit within each such State, as
determined by the Secretary of the Treasury on the basis of the
most recent decennial census.
(d) Effective Date.--Not later than 45 days after the date of
enactment of this Act, the Secretary of the Treasury shall make
payments to States under this section for fiscal year 2003. The
Secretary of the Treasury shall make subsequent fiscal year payments
not later than one year following the prior fiscal year's payments
under this section.
SEC. 5. DEFINITIONS.
In this Act:
(1) State.--The term ``State'' means any of the several
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
(2) Unit of general local government.--
(A) In general.--The term ``unit of general local
government'' means--
(i) a county, parish, township, city, or
political subdivision of a county, parish,
township, or city, that is a unit of general
local government as determined by the Secretary
of Commerce for general statistical purposes;
and
(ii) the District of Columbia, the
Commonwealth of Puerto Rico, and the recognized
governing body of an Indian tribe or Alaskan
native village that carries out substantial
governmental duties and powers.
(B) Treatment of subsumed areas.--For purposes of
determining a unit of general local government under | Emergency Targeted Revenue Sharing Act of 2003 - Authorizes and makes appropriations for FY 2003 through 2005 for financial assistance to States and their local governments for: (1) assistance for education; and (2) general revenue sharing.
Directs the Secretary of the Treasury to make allotments of such funds to States, with 50 percent of such allotments to be distributed by States among their local governments. Bases the amount of a State's allotment and of a local government's share upon relative: (1) school-age population, in the case of education assistance; and (2) general population, in the case of general revenue sharing. | {"src": "billsum_train", "title": "To provide for general revenue sharing and assistance for education for States and their local governments."} | 1,600 | 137 | 0.478896 | 1.376826 | 0.738425 | 1.96748 | 12.365854 | 0.878049 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Art and Collectibles Capital Gains
Tax Treatment Parity Act''.
SEC. 2. CAPITAL GAINS TREATMENT FOR ART AND COLLECTIBLES.
(a) In General.--Section 1(h) of the Internal Revenue Code of 1986
(relating to maximum capital gains rate) is amended by striking
paragraphs (5) and (6) and inserting the following new paragraph:
``(5) 28-percent rate gain.--For purposes of this
subsection, the term `28-percent rate gain' means the excess
(if any) of--
``(A) section 1202 gain, over
``(B) the sum of--
``(i) the net short-term capital loss, and
``(ii) the amount of long-term capital loss
carried under section 1212(b)(1)(B) to the
taxable year.''.
(b) Conforming Amendments.--
(1) Section 1(h)(9) of the Internal Revenue Code of 1986 is
amended by striking ``collectibles gain, gain described in
paragraph (7)(A)(i),'' and inserting ``gain described in
paragraph (7)(A)(i)''.
(2) Section 1(h) of such Code is amended by redesignating
paragraphs (12) and (13) as paragraphs (6) and (12),
respectively.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.
SEC. 3. CHARITABLE CONTRIBUTIONS OF CERTAIN ITEMS CREATED BY THE
TAXPAYER.
(a) In General.--Subsection (e) of section 170 of the Internal
Revenue Code of 1986 (relating to certain contributions of ordinary
income and capital gain property) is amended by adding at the end the
following new paragraph:
``(7) Special rule for certain contributions of literary,
musical, or artistic compositions.--
``(A) In general.--In the case of a qualified
artistic charitable contribution--
``(i) the amount of such contribution shall
be the fair market value of the property
contributed (determined at the time of such
contribution), and
``(ii) no reduction in the amount of such
contribution shall be made under paragraph (1).
``(B) Qualified artistic charitable contribution.--
For purposes of this paragraph, the term `qualified
artistic charitable contribution' means a charitable
contribution of any literary, musical, artistic, or
scholarly composition, or similar property, or the
copyright thereon (or both), but only if--
``(i) such property was created by the
personal efforts of the taxpayer making such
contribution no less than 18 months prior to
such contribution,
``(ii) the taxpayer--
``(I) has received a qualified
appraisal of the fair market value of
such property in accordance with the
regulations under this section, and
``(II) attaches to the taxpayer's
income tax return for the taxable year
in which such contribution was made a
copy of such appraisal,
``(iii) the donee is an organization
described in subsection (b)(1)(A),
``(iv) the use of such property by the
donee is related to the purpose or function
constituting the basis for the donee's
exemption under section 501 (or, in the case of
a governmental unit, to any purpose or function
described under subsection (c)),
``(v) the taxpayer receives from the donee
a written statement representing that the
donee's use of the property will be in
accordance with the provisions of clause (iv),
and
``(vi) the written appraisal referred to in
clause (ii) includes evidence of the extent (if
any) to which property created by the personal
efforts of the taxpayer and of the same type as
the donated property is or has been--
``(I) owned, maintained, and
displayed by organizations described in
subsection (b)(1)(A), and
``(II) sold to or exchanged by
persons other than the taxpayer, donee,
or any related person (as defined in
section 465(b)(3)(C)).
``(C) Maximum dollar limitation; no carryover of
increased deduction.--The increase in the deduction
under this section by reason of this paragraph for any
taxable year--
``(i) shall not exceed the artistic
adjusted gross income of the taxpayer for such
taxable year, and
``(ii) shall not be taken into account in
determining the amount which may be carried
from such taxable year under subsection (d).
``(D) Artistic adjusted gross income.--For purposes
of this paragraph, the term `artistic adjusted gross
income' means that portion of the adjusted gross income
of the taxpayer for the taxable year attributable to--
``(i) income from the sale or use of
property created by the personal efforts of the
taxpayer which is of the same type as the
donated property, and
``(ii) income from teaching, lecturing,
performing, or similar activity with respect to
property described in clause (i).
``(E) Paragraph not to apply to certain
contributions.--Subparagraph (A) shall not apply to any
charitable contribution of any letter, memorandum, or
similar property which was written, prepared, or
produced by or for an individual while the individual
is an officer or employee of any person (including any
government agency or instrumentality) unless such
letter, memorandum, or similar property is entirely
personal.
``(F) Copyright treated as separate property for
partial interest rule.--In the case of a qualified
artistic charitable contribution, the tangible
literary, musical, artistic, or scholarly composition,
or similar property and the copyright on such work
shall be treated as separate properties for purposes of
this paragraph and subsection (f)(3).''.
(b) Effective Date.--The amendment made by this section shall apply
to contributions made after the date of the enactment of this Act in
taxable years ending after such date. | Art and Collectibles Capital Gains Tax Treatment Parity Act - Amends the Internal Revenue Code to provide art and collectibles with capital gain rates similar to other assets held long-term. (Currently art and collectibles have a 28 percent capital gain rate.)Establishes a (limited) fair market value deduction for qualifying literary, musical, or artistic charitable contributions created and donated by the taxpayer. (Currently such deduction is limited to the taxpayer's costs in creating the work.) | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide the same capital gains treatment for art and collectibles as for other investment property and to provide that a deduction equal to fair market value shall be allowed for charitable contributions of literary, musical, artistic, or scholarly compositions created by the donor."} | 1,345 | 111 | 0.537194 | 1.382816 | 0.64186 | 2.034483 | 14.344828 | 0.83908 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Real Cost of Handgun Ammunition
Act''.
SEC. 2. INCREASE IN TAX ON HANDGUN AMMUNITION.
(a) Increase in Manufacturers Tax.--
(1) In general.--Section 4181 of the Internal Revenue Code
of 1986 (relating to imposition of tax on firearms) is
amended--
(A) by striking ``Shells, and cartridges'' and
inserting ``Shells and cartridges not taxable at 50
percent or 10,000 percent'', and
(B) by adding at the end the following:
``Articles taxable at 50 percent.--
``Any centerfire cartridge which has a cartridge
case less than 1.3 inches in length.
``Any cartridge case which is less than 1.3 inches
in length.
``Articles taxable at 10,000 percent.--
``Any jacketed, hollow point projectile which may
be used in a handgun and the jacket of which is
designed to produce, upon impact, evenly-spaced sharp
or barb-like projections that extend beyond the
diameter of the unfired projectile.
``Any cartridge with a projectile measuring .500
inch or greater in diameter which may be used in a
handgun.''.
(2) Additional taxes added to the general fund.--Section
3(a) of the Act of September 2, 1937 (16 U.S.C. 669b(a)),
commonly referred to as the ``Pittman-Robertson Wildlife
Restoration Act'', is amended by adding at the end the
following new sentence: ``There shall not be covered into the
fund the portion of the tax imposed by such section 4181 that
is attributable to any increase in amounts received in the
Treasury under such section by reason of the amendments made by
section 2(a)(1) of the Real Cost of Handgun Ammunition Act, as
estimated by the Secretary.''.
(b) Effective Date.--The amendments made by this section shall
apply to sales after December 31, 1993.
SEC. 3. SPECIAL TAX FOR IMPORTERS, MANUFACTURERS, AND DEALERS OF
HANDGUN AMMUNITION.
(a) In General.--
(1) Imposition of tax.--Section 5801 of the Internal
Revenue Code of 1986 (relating to special occupational tax on
importers, manufacturers, and dealers of machine guns,
destructive devices, and certain other firearms) is amended by
adding at the end the following new subsection:
``(c) Special Rule for Handgun Ammunition.--
``(1) In general.--On first engaging in business and
thereafter on or before July 1 of each year, every importer and
manufacturer of handgun ammunition shall pay a special
(occupational) tax for each place of business at the rate of
$10,000 a year or fraction thereof.
``(2) Handgun ammunition defined.--For purposes of this
part, the term `handgun ammunition' shall mean any centerfire
cartridge which has a cartridge case of less than 1.3 inches in
length and any cartridge case which is less than 1.3 inches in
length.''.
(2) Registration of importers and manufacturers of handgun
ammunition.--Section 5802 of the Internal Revenue Code of 1986
(relating to registration of importers, manufacturers, and
dealers) is amended--
(A) in the first sentence, by inserting ``, and
each importer and manufacturer of handgun ammunition,''
after ``dealer in firearms'', and
(B) in the third sentence, by inserting ``, and
handgun ammunition operations of an importer or
manufacturer,'' after ``dealer''.
(b) Conforming Amendments.--
(1) Chapter heading.--Chapter 53 of the Internal Revenue
Code of 1986 (relating to machine guns, destructive devices,
and certain other firearms) is amended in the chapter heading
by inserting ``HANDGUN AMMUNITION,'' after ``CHAPTER 53--''.
(2) Table of chapters.--The heading for chapter 53 in the
table of chapters for subtitle E of such Code is amended to
read as follows:
``Chapter 53--Handgun ammunition, machine
guns, destructive devices, and
certain other firearms.''
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on July 1, 1994.
(2) All taxpayers treated as commencing in business on July
1, 1994.--Any person engaged on July 1, 1994, in any trade or
business which is subject to an occupational tax by reason of
the amendment made by subsection (a)(1) shall be treated for
purposes of such tax as having 1st engaged in a trade of
business on such date. | Real Cost of Handgun Ammunition Act - Amends the Internal Revenue Code to increase the excise tax on certain ammunition.
Imposes a special (occupational) tax on importers and manufacturers of certain handgun ammunition for each place of business. | {"src": "billsum_train", "title": "Real Cost of Handgun Ammunition Act"} | 1,067 | 57 | 0.509506 | 1.125508 | 0.587403 | 3.116279 | 21.418605 | 0.930233 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``New Options Petroleum Energy
Conservation Act of 2006''.
SEC. 2. CREDIT FOR ELECTRICITY PRODUCED FROM CLIMATE NEUTRAL COMBUSTION
PROCESSES.
(a) In General.--Paragraph (1) of section 45(c) of the Internal
Revenue Code of 1986 is amended by striking ``and'' at the end of
subparagraph (G), by striking the period at the end of subparagraph (H)
and inserting ``, and'', and by adding at the end the following new
subparagraph:
``(I) any climate neutral combustion resource.''.
(b) Climate Neutral Combustion Resource.--Subsection (c) of section
45 of such Code is amended by adding at the end the following new
paragraph:
``(10) Climate neutral combustion resource.--The term
`climate neutral combustion resource' means any matter used as
a fuel in a qualified facility described in subsection
(d)(11).''.
(c) Climate Neutral Combustion Facility.--Subsection (d) of section
45 of such Code is amended by adding at the end the following new
paragraph:
``(11) Climate neutral combustion facility.--In the case of
a facility which burns climate neutral combustion resources to
produce electricity, the term `qualified facility' means any
facility which--
``(A) captures the carbon dioxide released during
combustion and uses such carbon dioxide to recover
hydrocarbon fuel from below ground,
``(B) produces no atmospheric emissions of mercury
or greenhouse gases and no emissions that form fine
particles, smog, or acid rain, and
``(C) is owned by the taxpayer and originally
placed in service after December 31, 2006.''.
(d) Effective Date.--The amendments made this section shall apply
to electricity produced and sold after December 31, 2006, in taxable
years ending after such date.
SEC. 3. EXTENSION OF ENERGY CREDIT FOR SOLAR ENERGY PROPERTY.
(a) In General.--Paragraph (2)(A)(i)(II) and paragraph (3)(A)(ii)
of section 48(a) of the Internal Revenue Code of 1986 (relating to
energy credit) are each amended by striking ``2008'' and inserting
``2012''.
(b) Effective Date.--The amendments made by this section shall
apply to periods after December 31, 2007, in taxable years ending after
such date, under rules similar to the rules of section 48(m) of the
Internal Revenue Code of 1986 (as in effect on the day before the date
of the enactment of the Revenue Reconciliation Act of 1990).
SEC. 4. EXTENSION OF CREDIT FOR RESIDENTIAL ENERGY EFFICIENT PROPERTY.
(a) In General.--Subsection (g) of section 25D of the Internal
Revenue Code of 1986 is amended by striking ``2007'' and inserting
``2011''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2007.
SEC. 5. PRIZE PROGRAM.
The Secretary of Energy shall establish a program to award a prize
in the amount of $1,000,000,000 to the first automobile manufacturer
incorporated in the United States to manufacture and sell in the United
States 60,000 midsized sedan automobiles which operate on gasoline and
can travel 100 miles per gallon.
SEC. 6. LITHIUM ION BATTERY TECHNOLOGY.
There are authorized to be appropriated to the Secretary of Energy
$30,000,000 for fiscal year 2007 for the development of advanced
lithium ion battery technology.
SEC. 7. EXPENSING OF PROPERTY USED IN THE REFINING OF ETHANOL,
METHANOL, AND BIODIESEL.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to itemized deductions for
individuals and corporations) is amended by inserting after section
179D the following new section:
``SEC. 179E. ELECTION TO EXPENSE CERTAIN PROPERTY USED IN REFINING
ETHANOL, METHANOL, AND BIODIESEL.
``(a) In General.--A taxpayer may elect to treat the cost of any
qualified biofuel property as an expense which is not chargeable to
capital account. Any cost so treated shall be allowed as a deduction
for the taxable year in which the property is placed in service.
``(b) Election.--An election under this section for any taxable
year shall be made on the taxpayer's return of the tax imposed by this
chapter for the taxable year. Such election shall be made in such
manner as the Secretary may by regulations prescribe. Any election made
under this section may not be revoked except with the consent of the
Secretary.
``(c) Qualified Biofuel Property.--For purposes of this section--
``(1) In general.--The term `qualified biofuel property'
means any property--
``(A) used for the refining of any biofuel, and
``(B) the original use of which commences with the
taxpayer.
``(2) Biofuel.--The term `biofuel' means qualified methanol
or ethanol fuel (as defined in section 4041(b)(2)(B)) and
biodiesel (as defined in section 40A(d)).
``(d) Dual Use Property.--In the case of any property which is used
for the refining of any biofuel and for any other use, the cost of such
property taken into account under subsection (a) shall be reduced by an
amount which bears the same ratio to the cost of such property as such
other uses bears to all uses of such property.
``(e) Coordination With 50 Percent Expensing of Refineries.--
Section 179C shall not apply to any property taken into account under
subsection (a).
``(f) Recapture.--Rules similar to the rules of section 179(d)(10)
shall apply with respect to any property which ceases to be qualified
biofuel property.''.
(b) Conforming Amendments.--
(1) Section 1245(a) of such Code is amended by inserting
``179E,'' after ``179D,'' both places it appears in paragraphs
(2)(C) and (3)(C).
(2) Section 263(a)(1) of such Code is amended by striking
``or'' at the end of subparagraph (J), by striking the period
at the end of subparagraph (K) and inserting ``, or'', and by
inserting after subparagraph (K) the following new
subparagraph:
``(L) expenditures for which a deduction is allowed
under section 179E.''.
(3) Section 312(k)(3)(B) of such Code is amended by
striking ``or 179D'' each place it appears in the heading and
text and inserting ``179D, or 179E''.
(4) The table of sections for part VI of subchapter B of
chapter 1 of such Code is amended by inserting after the item
relating to section 179D the following new item:
``Sec. 179E. Election to expense certain property used in refining
ethanol, methanol, and biodiesel.''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act. | New Options Petroleum Energy Conservation Act of 2006 - Amends the Internal Revenue Code to include any climate neutral combustion resource as a qualified energy resource for purposes of the tax credit for producing electricity from renewable sources. Defines "climate neutral combustion resource" as any facility which: (1) captures and uses carbon dioxide released during combustion to recover hydrocarbon fuel; (2) produces no emissions of mercury or greenhouse gases and no emissions that form fine particles, smog, or acid rain; and (3) is owned by the taxpayer and is placed in service after 2006.
Extends through 2011 the tax credits for investment in solar energy property and for residential energy efficient property.
Directs the Secretary of Energy to establish a program to award $1 billion to the first U.S. automobile manufacturer who manufactures and sells in the United States 60,000 midsized sedans which operate on gasoline and can travel at 100 miles per gallon.
Authorizes appropriations for the development of advanced lithium ion battery technology.
Allows a taxpayer election to expense biofuel refining property | {"src": "billsum_train", "title": "To provide incentives to reduce dependence on foreign oil."} | 1,715 | 222 | 0.583144 | 1.598788 | 0.736616 | 3.258883 | 7.238579 | 0.873096 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Education Stability for Foster Youth
Act''.
SEC. 2. EDUCATIONAL STABILITY FOR FOSTER CHILDREN.
(a) State Plans.--Section 1111(b) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311) is amended by adding at the end
the following:
``(11) Ensuring collaboration for children in foster
care.--Each State plan shall describe the steps a State
educational agency will take to ensure collaboration with the
State agency responsible for administering the State plans
under parts B and E of title IV of the Social Security Act (42
U.S.C. 621 et seq., 670 et seq.) to ensure the educational
stability of children in foster care, including assurances
that--
``(A) any such child is enrolled or remains in such
child's school of origin unless a determination is made
that it is not in such child's best interest to attend
the school of origin, which decision shall be based on
all factors relating to the best interest of the child,
including consideration of the appropriateness of the
current educational setting and the proximity to the
school in which the child is enrolled at the time of
placement;
``(B) when a determination is made that it is not
in the best interest of such child to remain in the
school of origin, such child is immediately enrolled in
a new school, even if such child is unable to produce
records normally required for enrollment;
``(C) the enrolling school shall immediately
contact the school last attended by any such child to
obtain relevant academic and other records; and
``(D) the State educational agency will designate
an employee to serve as a point of contact for child
welfare agencies and to oversee implementation of the
State agency responsibilities required under this
subparagraph, and such point of contact shall not be
the State's Coordinator for Education of Homeless
Children and Youths under section 722(d)(3) of the
McKinney-Vento Homeless Assistance Act (42 U.S.C.
11432(d)(3)).''.
(b) Local Plans.--Section 1112(c)(1) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311(c)(1)) is amended--
(1) in subparagraph (N), by striking ``and'' after the
semicolon;
(2) in subparagraph (O), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(P)(i) collaborate with the State or local child
welfare agency and, by not later than 1 year after the
date of enactment of the Education Stability for Foster
Youth Act, develop and implement clear written
procedures governing how transportation to maintain
children in foster care in their school of origin when
in their best interest will be provided, arranged, and
funded for the duration of the time in foster care,
which procedures shall--
``(I) acknowledge that children in foster
care needing transportation to the school of
origin will promptly receive transportation in
a cost-effective manner and in accordance with
section 475(1)(G) of the Social Security Act
(42 U.S.C. 675(1)(G)); and
``(II) ensure that, if there are additional
costs incurred in providing transportation to
maintain children in foster care in their
schools of origin, the local educational agency
will provide transportation to the school of
origin if--
``(aa) the local child welfare
agency agrees to reimburse the local
educational agency for the cost of such
transportation;
``(bb) the local educational agency
agrees to pay for the cost of such
transportation; or
``(cc) the local educational agency
and the local child welfare agency
agree to share the cost of such
transportation; and
``(ii) designate a point of contact if the
corresponding child welfare agency notifies the local
educational agency, in writing, that the agency has
designated an employee to serve as a point of contact
for the local educational agency.''.
SEC. 3. REPORT ON IMPLEMENTATION OF EDUCATIONAL STABILITY OF CHILDREN
IN FOSTER CARE.
Not later than 2 years after the date of enactment of this Act, the
Secretary of Education and the Secretary of Health and Human Services
shall submit to the appropriate committees of Congress a report on the
implementation of sections 1111(b)(11) and 1112(c)(1)(P) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(11)
and 6312(c)(1)(P)), including the progress made and the remaining
barriers.
SEC. 4. DEFINITION OF HOMELESS CHILD OR YOUTH.
(a) In General.--Section 725(2)(B)(i) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a(2)(B)(i)) is amended--
(1) by inserting ``or'' before ``are abandoned''; and
(2) by striking ``or are awaiting foster care placement;''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is 1 year after the date of enactment of
this Act.
(c) Application.--
(1) In general.--Notwithstanding subsection (b), for a
covered State, the amendment made by subsection (a) shall apply
on the date that is 2 years after such date of enactment.
(2) Definition.--In this subsection, the term ``covered
State'' means a State that has a statutory law that defines or
describes the phrase ``awaiting foster care placement'', for
purposes of a program under subtitle B of title VII of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et
seq.). | Education Stability for Foster Youth Act This bill amends the Elementary and Secondary Education Act of 1965 to require a state plan for academic content and achievement standards to describe how the state will ensure the educational stability of children in foster care. Specifically, a state plan must include assurances that: (1) a foster child will remain or be enrolled in the child’s school of origin absent a determination that such enrollment is not in the child’s best interest; (2) if such a determination is made, the child will be immediately enrolled in a new school, which must immediately contact the child’s previous school to obtain relevant records; and (3) the state will designate a point of contact for child welfare agencies, who shall also oversee implementation of the state’s responsibilities under the bill. Relatedly, a local educational agency (LEA) plan must provide assurances that the LEA will develop and implement procedures governing the provision and funding of transportation services necessary to maintain a foster child’s enrollment in the child’s school of origin. This bill amends the McKinney-Vento Homeless Assistance Act to alter the definition of “homeless children and youths” to no longer include children who are awaiting foster care placement. | {"src": "billsum_train", "title": "Education Stability for Foster Youth Act"} | 1,349 | 298 | 0.626995 | 1.806113 | 0.89009 | 2.084071 | 5.123894 | 0.827434 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Quality in the Unemployment
Insurance Program (EQUIP) Act''.
SEC. 2. DRUG SCREENING MADE A CONDITION OF BENEFIT RECEIPT.
(a) In General.--Section 303(l) of the Social Security Act (42
U.S.C. 503(l)) is amended to read as follows:
``(l)(1) Nothing in this Act or any other provision of Federal law
shall be considered to prevent a State from enacting legislation to
provide for testing an applicant for unemployment compensation for the
unlawful use of controlled substances as a condition for receiving such
compensation, including legislation that provides for the following
procedures:
``(A) No regular compensation may be paid to an applicant
for such compensation with respect to a benefit year unless,
before the receipt of any such compensation--
``(i) the applicant has completed a substance abuse
risk assessment for such benefit year; and
``(ii) subject to subparagraph (B), if the State
determines based on the results of such assessment that
the applicant is a high-risk applicant, not later than
1 week after the results of the assessment are
determined, the applicant tests negative for controlled
substances.
``(B) If a high-risk applicant tests positive for any
controlled substance--
``(i) if such test result is the first positive
test result for such applicant in the benefit year--
``(I) no regular compensation may be paid
to such applicant for a period of 30 days
beginning on the date that such test result is
determined; and
``(II) no regular compensation may be paid
to such applicant during the remainder of such
benefit year unless the applicant tests
negative for controlled substances at the end
of such period; and
``(ii) if such test result is not the first
positive test result for such applicant in the benefit
year, no regular compensation may be paid to such
applicant during the remainder of such benefit year.
``(C) A high-risk applicant receiving benefits with respect
to a benefit year shall be subject to testing for controlled
substances by the State at any time during the benefit year,
with limited notice provided to the applicant of such testing.
``(D) A high-risk applicant who is tested for controlled
substances under--
``(i) subparagraph (A) or (C) shall be responsible
for the cost of such test if the individual tests
positive for any such substance; and
``(ii) subparagraph (B)(i)(II) shall be responsible
for the cost of such test.
``(2) For purposes of this subsection--
``(A) the term `benefit year' means the benefit year as
defined in the applicable State law;
``(B) the term `controlled substance'--
``(i) means a drug or other substance selected by
the State to be included in drug testing under this
subsection; and
``(ii) does not include any drug or other substance
used by the applicant pursuant to a valid prescription
or as otherwise authorized by law;
``(C) the term `high-risk applicant', with respect to a
benefit year, means an individual who is determined by the
State to have a high risk of substance abuse based on the
results of a substance abuse risk assessment administered under
paragraph (1)(A)(i); and
``(D) the term `substance abuse risk assessment' means a
screening instrument, approved by the Director of the National
Institutes of Health, designed to determine whether an
individual has a high risk of substance abuse.''.
(b) No Merit Staffing Requirements.--Section 303(a)(1) of the
Social Security Act (42 U.S.C. 503(a)(1)) shall not be construed in
such a manner as to apply the merit staffing requirements in section
900.603 of title 5, Code of Federal Regulations, as in effect on
October 1, 2011, to the implementation of section 303(l) of such Act
(as amended by subsection (a)).
(c) Funding for Substance Abuse Testing.--
(1) Funding from ipab.--Section 1899A(m) of the Social
Security Act (42 U.S.C. 1395kkk(m)) is amended--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``to the Board to carry''
and inserting ``for the purposes of carrying out
section 303(l), and, if any funds remain in the fiscal
year involved, for the Board for the purpose of
carrying''; and
(B) by striking paragraph (2).
(2) Funding from the co-op program.--Section 1322(g) of the
Patient Protection and Affordable Care Act (42 U.S.C. 18042(g))
is amended by striking ``to carry out this section'' and
inserting ``to carry out section 303(l) of the Social Security
Act, to the extent funds are necessary to carry out such
section after the application of section 1899A(m)(1) of such
Act''. | Ensuring Quality in the Unemployment Insurance Program (EQUIP) Act This bill allows states to enact unemployment compensation laws that require an applicant for unemployment compensation, before receiving any such compensation, to: (1) complete a substance abuse risk assessment, and (2) test negative for controlled substances within one week after the results of such assessment if determined to be high-risk. It prescribes retesting requirements and payment suspensions for applicants who test positive. | {"src": "billsum_train", "title": "Ensuring Quality in the Unemployment Insurance Program (EQUIP) Act"} | 1,161 | 95 | 0.579161 | 1.679684 | 0.79354 | 2.581395 | 12.162791 | 0.813953 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women's Small Business Procurement
Parity Act''.
SEC. 2. SOLE SOURCE CONTRACTS FOR CERTAIN SMALL BUSINESS CONCERNS OWNED
AND CONTROLLED BY WOMEN.
(a) In General.--Section 8(m) of the Small Business Act (15 U.S.C.
637(m)) is amended--
(1) in paragraph (2)(C), by striking ``paragraph (3)'' and
inserting ``paragraph (4)'';
(2) in paragraph (5), by striking ``(2)(F)'' each place it
appears and inserting ``(2)(E)''; and
(3) by adding at the end the following:
``(7) Authority for sole source contracts for economically
disadvantaged small business concerns owned and controlled by
women in underrepresented industries.--A contracting officer
may award a sole source contract under this subsection to a
small business concern owned and controlled by women that meets
the requirements under paragraph (2)(A) if--
``(A) the small business concern owned and
controlled by women is in an industry in which small
business concerns owned and controlled by women are
underrepresented, as determined by the Administrator;
``(B) the contracting officer determines that the
small business concern owned and controlled by women is
a responsible contractor with respect to performance of
the contract opportunity;
``(C) the anticipated award price of the contract,
including options, is not more than--
``(i) $6,500,000, in the case of a contract
opportunity assigned a North American Industry
Classification System code for manufacturing;
or
``(ii) $4,000,000, in the case of any other
contract opportunity; and
``(D) in the estimation of the contracting officer,
the contract award can be made at a fair and reasonable
price.
``(8) Authority for sole source contracts for small
business concerns owned and controlled by women in
substantially underrepresented industries.--A contracting
officer may award a sole source contract under this subsection
to a small business concern owned and controlled by women that
meets the requirements under paragraph (2)(E) if--
``(A) the small business concern owned and
controlled by women is in an industry in which small
business concerns owned and controlled by women are
substantially underrepresented, as determined by the
Administrator;
``(B) the contracting officer determines that the
small business concern owned and controlled by women is
a responsible contractor with respect to performance of
the contract opportunity;
``(C) the anticipated award price of the contract,
including options, is not more than--
``(i) $6,500,000, in the case of a contract
opportunity assigned a North American Industry
Classification System code for manufacturing;
or
``(ii) $4,000,000, in the case of any other
contract opportunity; and
``(D) in the estimation of the contracting officer,
the contract award can be made at a fair and reasonable
price.''.
(b) Reporting on Goals for Sole Source Contracts for Small Business
Concerns Owned and Controlled by Women.--Section 15(h)(2)(E)(viii) of
the Small Business Act (15 U.S.C. 644(h)(2)(E)(viii)) is amended--
(1) in subclause (IV), by striking ``and'' at the end;
(2) by redesignating subclause (V) as subclause (VIII); and
(3) by inserting after subclause (IV) the following:
``(V) through sole source contracts
awarded under section 8(m)(7);
``(VI) through sole source
contracts awarded under section
8(m)(8);
``(VII) by industry for contracts
described in subclause (III), (IV),
(V), or (VI); and''.
(c) Deadline for Report on Underrepresented Industries
Accelerated.--Section 29(o)(2) of the Small Business Act (15 U.S.C.
656(o)(2)) is amended--
(1) by striking ``5 years after the date of enactment of
this subsection'' and inserting ``January 2, 2015''; and
(2) by striking ``5-year period'' and inserting ``2-year or
5-year period, as applicable,''. | Women's Small Business Procurement Parity Act - Amends the Small Business Act to revise procurement program requirements for women-owned small businesses. Authorizes a contracting officer to award a sole source contract under this Act to small businesses owned and controlled by women if each of the businesses is at least 51% owned by one or more women who are economically disadvantaged (and such ownership is determined without regard to any community property law), and if: the small business is in an industry in which it is underrepresented, as determined by the Administrator of the Small Business Administration (SBA); the contracting officer determines that it is a responsible contractor; the anticipated award price of the contract, including options, is not more than: (1) $6.5 million, in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or (2) $4 million, in the case of any other contract opportunity; and the contract award can be made at a fair and reasonable price. Authorizes a contracting officer to award a sole source contract to a small business owned and controlled by women meeting the same criteria in an industry in which such businesses are substantially underrepresented if the small business also meets specified certification requirements. | {"src": "billsum_train", "title": "Women's Small Business Procurement Parity Act"} | 969 | 265 | 0.755761 | 2.326977 | 0.85399 | 3.593361 | 3.626556 | 0.829876 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Overdraft Fee Notification Act''.
SEC. 2. NOTIFICATION OF OVERDRAFT FEE.
(a) In General.--Section 905 of the Electronic Fund Transfer Act
(15 U.S.C. 1693c) is amended by adding at the end the following new
subsection:
``(d) Notification of Overdraft Fee for In-Person, Automated,
Telephonic, and Internet-Based Transactions.--
``(1) In general.--In the case of any financial institution
that provides any overdraft protection service to any consumer
on a flat, per-transaction basis in connection with a
withdrawal from or debit of the consumer's account at the
financial institution in a transaction described in paragraph
(2) that would result in an overdraft of such consumer account,
no fee or charge may be imposed for such overdraft protection
service unless the notice required by this subsection has been
provided to the consumer, in the manner required under this
subsection, before the completion of the transaction that would
result in an overdraft.
``(2) Scope of application.--Paragraph (1) shall apply to
any withdrawal from or debit of a consumer's account at a
financial institution in a transaction initiated by the
consumer as an electronic fund transfer or in person at a
branch of the financial institution staffed by employees of the
financial institution.
``(3) Automated teller machine transactions.--In the case
of any electronic fund transfer initiated by a consumer at any
automated teller machine, whether or not such machine is
maintained by the financial institution that holds the account
of the consumer initiating the transaction, the following
disclosure rules shall apply:
``(A) Balance requests.--
``(i) In general.--In the case of a request
by the consumer at the automated teller machine
for balance information, the display provided
on the machine shall provide such information
in a manner that differentiates between--
``(I) the funds available in the
account that are attributable to
deposits by or on behalf of the
consumer; and
``(II) funds available to the
customer from the institution in
connection with an overdraft protection
service.
``(ii) Overdraft protection service fee
amount.--On the same screen of the automated
teller machine referred to in clause (i), the
display shall provide information on any fee
that would be imposed for the provision of any
overdraft protection service provided in
connection with the transaction.
``(B) Withdrawal or transfer.--In the case of a
request by the consumer at the automated teller machine
to initiate an electronic fund transfer that can be
completed only if an overdraft protection service is
provided to the consumer, the display provided on the
machine shall provide the following notice, with the
blanks filled in appropriately, and the option for the
consumer to accept or decline the service:
```This request exceeds your funds available and will
result in an overdraft of $__ and the imposition of a
fee from your financial institution of $__. To accept
this fee and continue with your transaction, press
``ACCEPT''. To terminate this transaction, press
``DECLINE''.'.
``(4) Automated point of sale transaction.--In the case of
any electronic fund transfer initiated by a consumer at any
automated point-of-sale machine that can be completed only if
an overdraft protection service is provided to the consumer for
a fee, the following disclosure rules shall apply to the extent
a screen operated in conjunction with the machine is available
to the consumer for effectuating the transaction:
``(A) Notice of overdraft.--The display provided on
the machine shall provide the following notice and the
option for the consumer to continue or discontinue the
transaction:
```Transaction will result in an overdraft of $__. To
continue with your transaction, press ``CONTINUE''. To
terminate this transaction, press ``NO''.'.
``(B) Notice of fee.--If the consumer referred to
in subparagraph (A) continues with the transaction, the
display provided on the machine shall provide the
following notice and the option for the consumer to
accept or decline the fee:
```A fee of $__ will be imposed for the overdraft. To
accept this fee and continue with your transaction,
press ``ACCEPT''. To terminate this transaction, press
``DECLINE''.'.
``(5) In-person and telephonic transactions.--In the case
of any fund transfer or withdrawal initiated by a consumer in
person at a branch of the financial institution staffed by
employees of the financial institution or verbally over the
telephone, the following disclosure requirements shall apply:
``(A) Balance requests.--If, in the course of the
transaction, the amount of the balance in the
consumer's account is mentioned or requested, the
customer shall be made aware verbally of any
distinction between--
``(i) the funds available in the account
that are attributable to deposits by or on
behalf of the consumer; and
``(ii) funds available to the customer from
the institution in connection with an overdraft
protection service.
``(B) Overdraft protection service fee amount.--If
the consummation of the withdrawal or fund transfer
transaction would result in the imposition of an
overdraft protection service fee on the account of the
consumer, the consumer shall promptly be informed of
such fact and the amount of the fee before the
transaction is final.
``(6) Internet and other electronic terminal
transactions.--In the case of any electronic fund transfer
initiated by the consumer at any electronic terminal or
computer, other than an automated teller machine or automated
point-of-sale machine meeting the requirements of paragraph (3)
or (4), that can be completed only if an overdraft protection
service is provided to the consumer for a fee, the display
provided on the terminal or computer shall provide the
following notice and the option for the consumer to accept or
decline the fee:
```This request exceeds your funds available and will result in
an overdraft of $__ and the imposition of a fee from your
financial institution of $__. To accept this fee and continue
with your transaction, press ``ACCEPT''. To terminate this
transaction, press ``DECLINE''.'.
``(7) Definitions.--For purposes of this subsection and
section 906(c)(5), the following definitions shall apply:
``(A) Annual percentage rate.--The term `annual
percentage rate' means the rate of interest determined
in the manner provided in section 108 and regulations
prescribed by the Board under such section.
``(B) Overdraft protection service.--The term
`overdraft protection service' means any service
provided by a financial institution holding the account
of any consumer pursuant to which any debit against the
account is paid by the financial institution even
though there are insufficient funds in the account to
cover the amount of the debit, however such payment is
accomplished, including through the use of overdraft
lines of credit, linked accounts, or any overdraft
protection program for which the financial institution
has not complied with the disclosure requirements under
the Truth in Lending Act and regulations prescribed
under such Act.''.
(b) Information Required in Periodic Statement.--Section 906(c) of
the Electronic Fund Transfer Act (15 U.S.C. 1693d(c)) is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by inserting after paragraph (4) the following new
paragraph:
``(5) with respect to each case in which the financial
institution was required to provide notice to a customer under
any paragraph of section 905(d) of the imposition of an
overdraft fee and the amount of the fee during the period
covered by the periodic statement, a written statement of the
annual percentage rate which the fee represents with respect to
the amount of the overdraft in type no smaller than other
required disclosures under this subsection, but not less than
8-point type, and in the following form:
```Overdraft Fee Annual Percentage Rate Notice: The overdraft
fee resulting from your transaction dated ___ is equal to an
Annual Percentage Rate of __% on your overdraft balance of
$___.'.''. | Overdraft Fee Notification Act - Amends the Electronic Fund Transfer Act to prohibit a financial institution from imposing any fee or charge for consumer overdraft protection unless it notifies the consumer, in a specified manner, of the fee or charge for such protection before the transaction that would result in an overdraft is completed. Requires such notice for all in-person, automated, telephonic, and Internet-based financial transactions.
Requires financial institutions to disclose to the consumer in periodic statements the annual percentage rate of interest which any overdraft protection fee or charge represents. | {"src": "billsum_train", "title": "To amend the Electronic Fund Transfer Act to require notice to the consumer before any fee may be imposed by a financial institution in connection with any transaction for any overdraft protection service provided with respect to such transaction, and for other purposes."} | 1,871 | 130 | 0.634095 | 1.76163 | 0.647185 | 2.586538 | 16.826923 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``States' Rights and Second and Tenth
Amendment Restoration Act of 2001''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Congressional findings:
(1) Domestic Violence remains a very serious problem in the
United States. It is a dangerous crime and should be punished
as such, including, where appropriate, as a felony.
(2) Many States have classified Domestic Violence crimes as
misdemeanors, others as felonies. States are the proper
authority, rather than the Federal Government, to classify
Domestic Violence offenses.
(3) Where appropriate, States should classify Domestic
Violence offenses as a felony.
(4) Section 658 of Public Law 104-208, commonly referred to
as the Lautenberg amendment, oversteps Federal authority,
violating States' rights, because no nexus has been shown to
exist between Domestic Violence and interstate commerce.
(5) The Lautenberg amendment does not deal with a subject
delegated to Congress under article I, section 8 of the
Constitution of the United States and is therefore
unconstitutional under the tenth amendment to the Constitution,
as interpreted by United States v. Lopez.
(6) The Lautenberg amendment oversteps Congress's power to
regulate commerce as delineated by the Commerce Clause of the
United States Constitution.
(7) Some of the strictest gun control laws are found in
cities where the number of incidents of guns being used in
violent crimes is the highest. Therefore, the Lautenberg
amendment does not reduce incidents of domestic violence.
(8) State and Federal judges already have the power to deny
persons convicted of misdemeanors the right to possess firearms
as a condition of probation or parole.
(9) The Lautenberg amendment is an unfunded Federal mandate
because States are liable for the costs of monitoring those
citizens who have been banned for life from owning a firearm.
Many times this lifetime ban is a result of a misdemeanor, not
a felony.
(10) Section 658 of the Treasury-Postal portion of Public
Law 104-208 violates all notions of constitutional due process
and constitutes an ex post facto law because it imposes a
criminal penalty on crimes which were not subject to that
penalty at the time of the Act.
(11) Law-abiding citizens use guns to defend themselves
against criminals as many as 2.5 million times every year. Of
these self-defense cases, as many as 200,000 are by women
defending themselves against sexual assault.
(12) Section 658 of the Treasury-Postal portion of Public
Law 104-208 will, if allowed to stand, result in the disarming
of millions of citizens, including women, on account of
misdemeanor offenses which, in many cases, were committed long
before the effective date of that Act.
(13) Section 658 of the Treasury-Postal portion of Public
Law 104-208 will, in many cases, disarm battered women who need
access to firearms in order to protect themselves from their
battering spouses as well as from common criminals.
(14) Section 658 of the Treasury-Postal portion of Public
Law 104-208 will, if allowed to stand, impose a lifetime gun
ban on persons who committed acts so minor that they were not
even entitled to a jury trial prior to conviction.
(15) Section 658 of the Treasury-Postal portion of Public
Law 104-208, will, if allowed to stand, result in the disarming
and dismissal of a significant number of law enforcement
officers and American servicemen, on account of misdemeanors,
which in many cases, were committed long before the effective
date of that Act.
(16) Section 658 of the Treasury-Postal portion of Public
Law 104-208 ignores the real problem surrounding domestic
violence in that truly violent offenders are allowed to plea-
bargain down to misdemeanors.
(b) Purpose.--It is the purpose of this Act to restore States'
rights, the tenth amendment, and second amendment freedoms.
SEC. 3. REPEALER.
Section 658 of the Treasury-Postal portion of Public Law 104-208 is
repealed and is null and void as if it had not been enacted, and all
provisions of law amended by such section are restored as if section
658 had not been enacted.
SEC. 4. EFFECTIVE DATE.
This Act shall take effect as if included in the Treasury-Postal
portion of Public Law 104-208. Any liability, penalty, or forfeiture
incurred by any person by reason of the application of any amendment
made by section 658 of the Treasury-Postal portion of Public Law 104-
208 is hereby extinguished, and any action or prosecution for the
enforcement of any such liability, penalty, or forfeiture shall not be
sustained. | States' Rights and Second and Tenth Amendment Restoration Act of 2001 - Amends the Omnibus Consolidated Appropriations Act, 1997 to repeal a specified provision (commonly referred to as the Lautenberg amendment) establishing a gun ban for individuals convicted of a misdemeanor crime of domestic violence. | {"src": "billsum_train", "title": "To repeal section 658 of Public Law 104-208, commonly referred to as the Lautenberg amendment."} | 1,074 | 74 | 0.475264 | 1.226027 | 0.726125 | 2.72 | 19.46 | 0.8 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive National Mercury
Monitoring Act''.
SEC. 2. FINDINGS.
Congress finds that
(1)(A) mercury is a potent neurotoxin of significant
ecological and public health concern;
(B) exposure to mercury occurs largely by consumption of
contaminated fish;
(C) children and women of childbearing age who consume
large quantities of fish are at high risk of adverse effects;
(D) it is estimated that more than 630,000 children born
each year in the United States are exposed to levels of mercury
in the womb that are high enough to impair neurological
development; and
(E) the Centers for Disease Control and Prevention have
found that 8 percent of women in the United States of
childbearing age have blood mercury levels in excess of values
determined to be safe by the Environmental Protection Agency;
(2)(A) as of 2006, 3,080 fish consumption advisories due to
mercury contamination have been issued for 48 States, including
23 statewide advisories for freshwater and 12 statewide
advisories for coastal waters;
(B) that is a 26 percent increase over the number of
advisories issued in 2004;
(C) those advisories represent more than 22,000 square
miles of lakes and 882,000 miles of rivers;
(D) however, fish and shellfish are an important source of
dietary protein, and a healthy fishing resource is important to
the economy of the United States; and
(E) the extent of fish consumption advisories underscores
the extensive human and ecological health risk posed by mercury
pollution;
(3)(A) in many locations, the primary route for mercury
input to aquatic ecosystems is atmospheric emissions,
transport, and deposition;
(B) the cycling of mercury in the environment and resulting
accumulation in biota are not fully understood; and
(C) computer models and other assessment tools provide
varying effectiveness in predicting mercury concentrations in
fish, and no broad-scale data sets exist to test model
predictions;
(4)(A) on September 14 through 17, 2003, the Environmental
Protection Agency cosponsored a Society of Environmental
Toxicology and Chemistry workshop involving more than 30
international experts to formulate a system to quantify and
document mercury changes in the various environment fields
resulting from anticipated reductions in mercury emissions in
the United States; and
(B) the resulting plan proposes a holistic, multimedia,
long-term mercury monitoring program that is documented in 2
sources--
(i) on January 1, 2005, the article entitled
``Monitoring the Response to Changing Mercury
Deposition'' was published in the journal Environmental
Science and Technology; and
(ii) in 2008, the book entitled ``Ecosystem
Responses to Mercury Contamination: Indicators of
Change'' was published by CRC Press;
(5) as of the date of enactment of this Act, many
regulations limiting mercury emissions from different sources
have gone into effect or will be implemented, but ongoing
monitoring programs are not adequately measuring the
environmental benefits and effectiveness of mercury emission
controls;
(6) on May 15, 2006, the Office of Inspector General of the
Environmental Protection Agency issued a report entitled,
``Monitoring Needed to Assess Impact of EPA's Clean Air Mercury
Rule (CAMR) on Potential Hotspots'', Report No. 2006-P-0025,
which states, in part--
(A) ``Without field data from an improved
monitoring network, EPA's ability to advance mercury
science will be limited and `utility-attributable
hotspots' that pose health risks may occur and go
undetected''; and
(B) ``We recommend that the EPA develop and
implement a mercury monitoring plan to assess the
impact of CAMR, if adopted, on mercury deposition and
fish tissue and evaluate and refine mercury estimation
tools and models'';
(7)(A) on January 1, 2007, the articles entitled
``Biological Mercury Hotspots in the Northeastern U.S. and
Southeastern Canada'' and ``Contamination in Remote Forest and
Aquatic Ecosystems in the Northeastern U.S.: Sources,
Transformations and Management Options'' were published in the
journal BioScience; and
(B) the authors of the articles--
(i) identified 5 biological mercury hotspots and 9
areas of concern in the northeastern United States and
southeastern Canada associated primarily with
atmospheric mercury emissions and deposition;
(ii) located an area of particularly high mercury
deposition adjacent to a coal-fired utility in southern
New Hampshire; and
(iii) concluded that local impacts from mercury
emissions should be closely monitored in order to
assess the impact of Federal and State policies; and
(8)(A) building on previous efforts in 2003, on May 5
through 7, 2008, the Environmental Protection Agency coconvened
a workshop with experts from the United States Geological
Survey, the National Oceanic and Atmospheric Administration,
the United States Fish and Wildlife Service, the National Park
Service, State and tribal agencies, the BioDiversity Research
Institute, the National Atmospheric Deposition Program,
industry, and other institutions;
(B) more than 50 workshop scientists participated and
agreed on a goal and major design elements for a national
mercury monitoring program, including a national distribution
of approximately 20 intensive sites to understand the sources,
consequences, and trends in United States mercury pollution;
(C) the consortium found that ``policy makers, scientists
and the public need a comprehensive and integrated mercury
monitoring network to accurately quantify regional and national
changes in atmospheric deposition, ecosystem contamination, and
bioaccumulation of mercury in fish and wildlife in response to
changes in mercury emissions.''; and
(D) the workshop findings are published in a report of the
Environmental Protection Agency (430-K-09-001).
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Advisory committee.--The term ``Advisory Committee''
means the Mercury Monitoring Advisory Committee established
under section 5.
(3) Ancillary measure.--The term ``ancillary measure''
means a measure that is used to understand the impact and
interpret results of measurements under the program.
(4) Ecoregion.--The term ``ecoregion'' means a large area
of land and water that contains a geographically distinct
assemblage of natural communities, including similar land
forms, climate, ecological processes, and vegetation.
(5) Mercury export.--The term ``mercury export'' means
mercury flux from a watershed to the corresponding water body,
or from 1 water body to another water body (such as a lake to a
river), generally expressed as mass per unit of time.
(6) Mercury flux.--The term ``mercury flux'' means the rate
of transfer of mercury between ecosystem components (such as
between water and air), or between portions of ecosystem
components, expressed in terms of mass per unit of time or mass
per unit of area per time.
(7) Program.--The term ``program'' means the national
mercury monitoring program established under section 4.
(8) Surface sediment.--The term ``surface sediment'' means
sediment in the uppermost 2 centimeters of a lakebed or
riverbed.
SEC. 4. MONITORING PROGRAM.
(a) Establishment.--
(1) In general.--The Administrator, in consultation with
the Director of the United States Fish and Wildlife Service,
the Director of the United States Geological Survey, the
Director of the National Park Service, the Administrator of the
National Oceanic and Atmospheric Administration, and the heads
of other appropriate Federal agencies, shall establish a
national mercury monitoring program.
(2) Purpose.--The purpose of the program is to track--
(A) long-term trends in atmospheric mercury
concentrations and deposition; and
(B) mercury levels in watersheds, surface waters,
and fish and wildlife in terrestrial, freshwater, and
coastal ecosystems in response to changing mercury
emissions over time.
(3) Monitoring sites.--
(A) In general.--In carrying out paragraph (1), not
later than 1 year after the date of enactment of this
Act and in coordination with the Advisory Committee,
the Administrator, after consultation with the heads of
Federal agencies described in paragraph (1) and
considering the requirement for reports under section
6, shall select multiple monitoring sites representing
multiple ecoregions of the United States.
(B) Locations.--Locations of monitoring sites shall
include national parks, wildlife refuges, National
Estuarine Research Reserve units, and other sensitive
ecological areas that include long-term protection and
in which substantive changes are expected from
reductions in domestic mercury emissions.
(C) Colocation.--If practicable, monitoring sites
shall be colocated with sites from other long-term
environmental monitoring programs.
(4) Monitoring protocols.--Not later than 1 year after the
date of enactment of this Act, the Administrator, in
coordination with the Advisory Committee, shall establish and
publish standardized measurement protocols for the program
under this Act.
(5) Data collection and distribution.--Not later than 1
year after the date of enactment of this Act, the
Administrator, in coordination with the Advisory Committee,
shall establish a centralized database for existing and newly
collected environmental mercury data that can be freely
accessed once data assurance and quality standards established
by the Administrator are met.
(b) Air and Watersheds.--
(1) In general.--The program shall monitor long-term
changes in mercury levels and important ancillary measures in
the air at locations selected under subsection (a)(3).
(2) Measurements.--The Administrator, in consultation with
the Director of the United States Fish and Wildlife Service,
the Director of the United States Geological Survey, the
Director of the National Park Service, the Administrator of the
National Oceanic and Atmospheric Administration, and the heads
of other appropriate Federal agencies, shall determine
appropriate measurements, including--
(A) the measurement and recording of wet and
estimation of dry mercury deposition, mercury flux, and
mercury export;
(B) the measurement and recording of the level of
mercury reemitted from aquatic and terrestrial
environments into the atmosphere; and
(C) the measurement of sulfur species and ancillary
measurements at a portion of locations selected under
subsection (a)(3) to fully understand the cycling of
mercury through the ecosystem.
(c) Water and Soil Chemistry.--The program shall monitor long-term
changes in mercury and methyl mercury levels and important ancillary
measures in the water and soil or sediments at locations selected under
subsection (a)(3) that the Administrator, in primary consultation with
the Director of the United States Geological Survey, determines to be
appropriate, including--
(1) extraction and analysis of soil and sediment cores;
(2) measurement and recording of total mercury and methyl
mercury concentration, and percent methyl mercury in surface
sediments;
(3) measurement and recording of total mercury and methyl
mercury concentration in surface water; and
(4) measurement and recording of total mercury and methyl
mercury concentrations throughout the water column and
sediments.
(d) Aquatic and Terrestrial Organisms.--The program shall monitor
long-term changes in mercury and methyl mercury levels and important
ancillary measures in the aquatic and terrestrial organisms at
locations selected under subsection (a)(3) that the Administrator, in
primary consultation with the Director of the United States Fish and
Wildlife Service and the Administrator of the National Oceanic and
Atmospheric Administration, determines to be appropriate, including--
(1) measurement and recording of total mercury and methyl
mercury concentrations in--
(A) zooplankton and other invertebrates;
(B) yearling fish; and
(C) commercially, recreationally, or conservation
relevant fish; and
(2) measurement and recording of total mercury
concentrations in--
(A) selected insect- and fish-eating birds; and
(B) measurement and recording of total mercury
concentrations in selected insect- and fish-eating
mammals.
SEC. 5. ADVISORY COMMITTEE.
(a) Establishment.--There shall be established a scientific
advisory committee, to be known as the ``Mercury Monitoring Advisory
Committee'', to advise the Administrator and Federal agencies described
in section 4(a)(1), on the establishment, site selection, measurement
and recording protocols, and operation of the program.
(b) Membership.--The Advisory Committee shall consist of scientists
who are not employees of the Federal Government, including--
(1) 3 scientists appointed by the Administrator;
(2) 2 scientists appointed by the Director of the United
States Fish and Wildlife Service;
(3) 2 scientists appointed by the Director of the United
States Geological Survey;
(4) 2 scientists appointed by the Director of the National
Park Service; and
(5) 2 scientists appointed by the Administrator of the
National Oceanic and Atmospheric Administration.
SEC. 6. REPORTS AND PUBLIC DISCLOSURE.
(a) Reports.--Not later than 2 years after the date of enactment of
this Act and every 2 years thereafter, the Administrator shall submit
to Congress a report on the program, including trend data.
(b) Assessment.--At least once every 4 years, the report required
under subsection (a) shall include an assessment of the reduction in
mercury deposition rates that are required to be achieved in order to
prevent adverse human and ecological effects.
(c) Availability of Data.--The Administrator shall make all data
obtained under this Act available to the public through a dedicated
website and on written request.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act--
(1) for fiscal year 2011 to--
(A) the Environmental Protection Agency
$15,000,000;
(B) the United States Fish and Wildlife Service
$9,000,000;
(C) the United States Geological Survey $5,000,000;
(D) the National Oceanic and Atmospheric
Administration $4,000,000; and
(E) the National Park Service $4,000,000;
(2) for fiscal year 2012 to--
(A) the Environmental Protection Agency
$12,000,000;
(B) the United States Fish and Wildlife Service
$7,000,000;
(C) the United States Geological Survey $4,000,000;
(D) the National Oceanic and Atmospheric
Administration $3,000,000; and
(E) the National Park Service $3,000,000;
(3) for fiscal year 2013 to--
(A) the Environmental Protection Agency
$12,000,000;
(B) the United States Fish and Wildlife Service
$7,000,000;
(C) the United States Geological Survey $4,000,000;
(D) the National Oceanic and Atmospheric
Administration $3,000,000; and
(E) the National Park Service $3,000,000; and
(4) such sums as are necessary for each of fiscal years
2014 through 2016 to--
(A) the Environmental Protection Agency;
(B) the United States Fish and Wildlife Service;
(C) the United States Geological Survey;
(D) the National Oceanic and Atmospheric
Administration; and
(E) the National Park Service. | Comprehensive National Mercury Monitoring Act - Directs the Administrator of the Environmental Protection Agency (EPA) to establish a national mercury monitoring program that monitors: (1) long-term changes in mercury levels and important ancillary measures in the air; and (2) long-term changes in mercury and methyl mercury levels and important ancillary measures in the water and soil or sediments and in aquatic and terrestrial organisms.
Requires the Administrator to: (1) select multiple monitoring sites representing multiple ecoregions that include national parks, wildlife refuges, National Estuarine Research Reserve units, and other sensitive ecological areas that include long-term protection and in which substantive changes are expected from reductions in domestic mercury emissions; (2) establish and publish standardized measurement protocols for the program; and (3) establish a centralized database for environmental mercury data.
Establishes the Mercury Monitoring Advisory Committee to advise the Administrator on the establishment, site selection, protocols, and operation of the program. | {"src": "billsum_train", "title": "A bill to establish a national mercury monitoring program, and for other purposes."} | 3,262 | 202 | 0.530472 | 1.560679 | 0.777431 | 5.23913 | 16.543478 | 0.978261 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Humane Enforcement and Legal
Protections for Separated Children Act'' or the ``HELP Separated
Children Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Apprehension.--The term ``apprehension'' means the
detention or arrest by officials of the Department of Homeland
Security or cooperating entities.
(2) Child.--The term ``child'' means an individual who has
not attained 18 years of age.
(3) Child welfare agency.--The term ``child welfare
agency'' means a State or local agency responsible for child
welfare services under subtitles B and E of title IV of the
Social Security Act (42 U.S.C. 601 et seq.).
(4) Cooperating entity.--The term ``cooperating entity''
means a State or local entity acting under agreement with the
Secretary.
(5) Department.--The term ``Department'' means the
Department of Homeland Security.
(6) Detention facility.--The term ``detention facility''
means a Federal, State, or local government facility, or a
privately owned and operated facility, that is used, in whole
or in part, to hold individuals under the authority of the
Director of U.S. Immigration and Customs Enforcement, including
facilities that hold such individuals under a contract or
agreement with the Director.
(7) Immigration enforcement action.--The term ``immigration
enforcement action'' means the apprehension of one or more
individuals whom the Department has reason to believe are
removable from the United States by the Secretary or a
cooperating entity.
(8) NGO.--The term ``NGO'' means a nongovernmental
organization that provides social services or humanitarian
assistance to the immigrant community.
(9) Parent.--The term ``parent'' means a biological or
adoptive parent of a child, whose parental rights have not been
relinquished or terminated under State law or the law of a
foreign country, or a legal guardian under State law or the law
of a foreign country.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 3. APPREHENSION PROCEDURES FOR IMMIGRATION ENFORCEMENT-RELATED
ACTIVITIES.
(a) Apprehension Procedures.--In any immigration enforcement
action, the Secretary and cooperating entities shall--
(1) as soon as possible, but generally not later than 2
hours after an immigration enforcement action, inquire whether
an individual is a parent or primary caregiver of a child in
the United States and notify any such individual, in a language
that he or she understands, that he or she is entitled to--
(A) the opportunity to make a minimum of 2
telephone calls to arrange for the care of such child
in the individual's absence; and
(B) contact information for--
(i) child welfare agencies and family
courts in the same jurisdiction as the child;
and
(ii) consulates, attorneys, and legal
service providers capable of providing free
legal advice or representation regarding child
welfare, child custody determinations, and
immigration matters;
(2) notify the child welfare agency with jurisdiction over
the child if the child's parent or primary caregiver is unable
to make care arrangements for the child or if the child is in
imminent risk of serious harm;
(3) ensure that personnel of the Department and cooperating
entities do not, absent medical necessity or extraordinary
circumstances, interview individuals in the immediate presence
of children over the age of 2 unless the parent or primary
caregiver gives permission, or compel or request children to
interpret or translate for interviews of their parents or of
other individuals who are encountered as part of an immigration
enforcement action;
(4) ensure that any parent or primary caregiver of a child
in the United States--
(A) absent medical necessity or extraordinary
circumstances, is not transferred from his or her area
of apprehension until the individual--
(i) has made arrangements for the care of
such child; or
(ii) if such arrangements are unavailable
or the individual is unable to make such
arrangements, is informed of the care
arrangements made for the child and of a means
to maintain communication with the child;
(B) absent medical necessity or extraordinary
circumstances is placed in a detention facility
either--
(i) proximate to the location of
apprehension; or
(ii) proximate to the individual's habitual
place of residence; and
(iii) absent medical necessity or
extraordinary circumstances, is not transferred
from such facility unless necessary to
facilitate participation in child welfare
proceedings; and
(C) receives due consideration of the best
interests of such child in any decision or action
relating to his or her detention, release, or transfer
between detention facilities; and
(5) issue guidance prohibiting personnel of the Department
and cooperating entities from apprehending persons on the
premises or in the immediate vicinity of day care centers, head
start centers, schools, school bus stops, recreation centers,
legal service providers, courts, funeral homes, cemeteries,
colleges, victim services agencies, social service agencies,
hospitals, health care clinics, community centers, and places
of worship, absent exceptional circumstances.
(b) Requests to Local and State Entities.--If the Secretary
requests a State or local entity to hold in custody an individual who
the Department has reason to believe is removable pending transfer of
that individual to the custody of the Secretary or to a detention
facility, the Secretary shall also request that the State or local
entity provide the individual the protections specified in paragraphs
(1) and (2) of subsection (a), if that individual is found to be the
parent or primary caregiver of a child in the United States.
(c) Protections Against Trafficking Preserved.--The provisions of
this section shall not be construed to impede, delay, or in any way
limit the obligations of the Secretary, the Attorney General, or the
Secretary of Health and Human Services under section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008
(8 U.S.C. 1232) or section 462 of the Homeland Security Act of 2002 (6
U.S.C. 279).
SEC. 4. ACCESS TO CHILDREN, STATE AND LOCAL COURTS, CHILD WELFARE
AGENCIES, AND CONSULAR OFFICIALS.
(a) In General.--The Secretary shall ensure that all detention
facilities operated by or under agreement with the Department implement
procedures to ensure that the best interest of the child, including a
preference for family unity wherever appropriate, can be considered in
any decision and action relating to the custody of children whose
parent, legal guardian, or primary caregiver is detained as the result
of an immigration enforcement action.
(b) Detention Procedures.--At all detention facilities, the
Secretary shall--
(1) prominently post in a manner accessible to detainees
and visitors and include in detainee handbooks information on
the protections of this Act as well as information on potential
eligibility for parole or release;
(2) absent extraordinary circumstances, ensure that
individuals who are detained by the Department and are parents
of children in the United States are--
(A) permitted regular phone calls and contact
visits with their children;
(B) provided with contact information for child
welfare agencies and family courts in the relevant
jurisdictions;
(C) able to participate fully, and to the extent
possible in-person, in all family court proceedings and
any other proceedings that may impact their right to
custody of their children;
(D) granted free and confidential telephone calls
to relevant child welfare agencies and family courts as
often as is necessary to ensure that the best interest
of their children, including a preference for family
unity whenever appropriate, can be considered in child
welfare agency or family court proceedings;
(E) able to fully comply with all family court or
child welfare agency orders impacting custody of their
children;
(F) provided access to United States passport
applications or other relevant travel document
applications for the purpose of obtaining travel
documents for their children;
(G) afforded timely access to a notary public for
the purpose of applying for a passport for their
children or executing guardianship or other agreements
to ensure the safety of their children; and
(H) granted adequate time before removal to obtain
passports, apostilled birth certificates, travel
documents, and other necessary records, including
health and school records, on behalf of their children
if such children will accompany them on their return to
their country of origin or join them in their country
of origin; and
(3) where doing so would not impact public safety or
national security, facilitate the ability of detained alien
parents and primary caregivers to reunify with their children
by sharing information regarding travel arrangements with their
consulate, children, child welfare agencies, or other
caregivers in advance of the detained alien individual's
departure from the United States.
SEC. 5. MEMORANDA OF UNDERSTANDING.
The Secretary, in consultation with the Department of Health and
Human Services, shall develop and implement memoranda of understanding
or protocols with child welfare agencies and NGOs regarding the best
ways to cooperate and facilitate ongoing communication between all
relevant entities in cases involving a child whose parent, legal
guardian, or primary caregiver has been apprehended or detained in an
immigration enforcement action to protect the best interests of the
child, including a preference for family unity whenever appropriate.
SEC. 6. MANDATORY TRAINING.
The Secretary, in consultation with the Secretary of Health and
Human Services, the Secretary of State, the Attorney General, and
independent child welfare and family law experts, shall develop and
provide training on the protections required under sections 3 and 4 to
all personnel of the Department, cooperating entities, and detention
facilities operated by or under agreement with the Department who
regularly engage in immigration enforcement actions and in the course
of such actions come into contact with individuals who are parents or
primary caregivers of children in the United States.
SEC. 7. RULEMAKING.
Not later than 180 days after the date of the enactment of this
Act, the Secretary shall promulgate regulations to implement sections 3
and 4 of this Act.
SEC. 8. SEVERABILITY.
If any provision of this Act or amendment made by this Act, or the
application of a provision or amendment to any person or circumstance,
is held to be unconstitutional, the remainder of this Act and
amendments made by this Act, and the application of the provisions and
amendment to any person or circumstance, shall not be affected by the
holding.
SEC. 9. REPORT ON PROTECTIONS FOR CHILDREN IMPACTED BY IMMIGRATION
ENFORCEMENT ACTIVITIES.
(a) Requirement for Report.--Not later than 1 year after the date
of the enactment of this Act, and annually thereafter, the Secretary
shall submit to Congress a report that describes the impact of
immigration enforcement activities on children, including children who
are citizens of the United States.
(b) Content.--The report submitted under subsection (a) shall
include for the previous 1-year period an assessment of--
(1) the number of individuals removed from the United
States who are the parent of a child who is a citizen of the
United States;
(2) the number of occasions in which both parents or the
primary caretaker of such a child was removed from the United
States; and
(3) the number of children who are citizens of the United
States who leave the United States with parents who are
removed. | Humane Enforcement and Legal Protections for Separated Children Act or the HELP Separated Children Act - Sets forth apprehension procedures for immigration enforcement-related activities engaged in by the Department of Homeland Security (DHS) and cooperating entities, Directs the Secretary of Homeland Security to: (1) require DHS detention facilities to implement procedures to ensure that child custody and family interests can be considered in any immigration detention action, (2) develop memoranda of understanding with child welfare agencies and community organizations that protect the best interests of children of detained individuals, and (3) provide DHS personnel with appropriate training. | {"src": "billsum_train", "title": "HELP Separated Children Act"} | 2,521 | 132 | 0.554387 | 1.368153 | 0.649286 | 2.830357 | 20.875 | 0.919643 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Judicial Review Improvement
Act of 2002''.
SEC. 2. STANDARD FOR REVERSAL OF ERRONEOUS FINDINGS OF FACT.
(a) Change to ``Clearly Erroneous'' Standard.--Section 7261 of
title 38, United States Code, is amended--
(1) in subsection (a)(4)--
(A) by inserting ``adverse to a claimant'' after
``material fact''; and
(B) by striking ``is clearly erroneous'' and
inserting ``is not supported by a preponderance of the
evidence''; and
(2) by striking subsection (b) and inserting the following:
``(b) In making the determinations under subsection (a), the Court
shall review the record of proceedings before the Secretary and the
Board, as provided for in section 5107(b) and section 7252(b) of this
title.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to any action brought under chapter 72 of title 38,
United States Code, that is not final under section 7291 of such title
as of after the date of the enactment of this Act.
SEC. 3. JURISDICTION OF COURT OF APPEALS FOR VETERANS CLAIMS.
Section 7252 of title 38, United States Code, is amended--
(1) in subsection (b), by inserting ``under subsection
(a)'' in the second sentence after ``The extent of the
review'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection (c):
``(c) If the Court determines that the Secretary has unlawfully
withheld or unreasonably delayed action on a claim or has failed to
plead or otherwise defend in accordance with the rules of the Court,
the Court may enter a default judgment against the Secretary. A default
judgment may not be entered against the Secretary unless the Secretary
has been provided notice of such a proposed judgment and the Court
finds that the claim or right to relief has been established.''.
SEC. 4. JURISDICTION OF COURT OF APPEALS FOR THE FEDERAL CIRCUIT TO
REVIEW DECISIONS OF THE COURT OF APPEALS FOR VETERANS
CLAIMS.
(a) Expansion of Jurisdiction.--Section 7292 of title 38, United
States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``(1)'' after ``review of the
decision''; and
(B) by inserting before the period at the end of
the first sentence the following: ``, or (2) with
respect to any question of law, or of an application of
the law to the facts, that was relied on by the Court
in making the decision''
(2) in subsection (d)(2)--
(A) by striking ``(A)''; and
(B) by striking ``, or (B)'' and all that follows
through ``particular case''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to any case for which an appeal is filed with the
United States Court of Appeals for the Federal Circuit on or after the
date of the enactment of this Act or for which an appeal was filed with
that court before such date and which is not final under section 7291
of title 38, United States Code, as of that date.
SEC. 5. CODIFICATION OF REQUIREMENT FOR EXPEDITIOUS TREATMENT OF CASES
ON REMAND.
(a) Cases Remanded by Board of Veterans' Appeals.--(1) Chapter 51
of title 38, United States Code, is amended by adding at the end of
subchapter I the following new section:
``Sec. 5109B. Expedited treatment of remanded claims
``The Secretary shall take such actions as may be necessary to
provide for the expeditious treatment by the appropriate regional
office of the Veterans Benefits Administration of any claim that is
remanded to that office by the Board of Veterans' Appeals.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 5109A the
following new item:
``5109B. Expedited treatment of remanded claims.''.
(b) Cases Remanded by Court of Appeals for Veterans Claims.--(1)
Chapter 71 of title 38, United States Code, is amended by adding at the
end the following new section:
``Sec. 7112. Expedited treatment of remanded claims
``The Secretary shall take such actions as may be necessary to
provide for the expeditious treatment by the Board of any claim that is
remanded to the Secretary by the Court of Appeals for Veterans
Claims.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``7112. Expedited treatment of remanded claims.''.
(c) Repeal of Source Section.--Section 302 of the Veterans'
Benefits Improvement Act of 1994 (Public Law 103-446; 108 Stat. 4658;
38 U.S.C. 5101 note) is repealed.
SEC. 6. AUTHORITY FOR COURT OF APPEALS FOR VETERANS CLAIMS TO ORDER
PAYMENT OF INTERIM BENEFITS ON REMANDED CLAIMS.
(a) Authority To Order Payment.--Section 7267 of title 38, United
States Code, is amended by adding at the end the following new
subsection:
``(d)(1) Whenever the Court remands to the Secretary a case
involving a claim for compensation, dependency and indemnity
compensation, or pension, the Court may include in its order remanding
the case an order that if the remanded claim is not decided by the
Secretary within 180 days of the date of the remand, the Secretary
shall pay interim benefits under that claim in such amount as may be
provided in the court order, not in excess of the amount specified in
the claim (or the amount for the rating specified in the claim).
Payments pursuant to such an order shall commence effective with the
next month beginning after the end of such 180-day period and shall
terminate as provided in the Court order, but not later than the last
day of the month in which the final decision resolving the claim is
made.
``(2) An order of the Court under paragraph (1) for the payment of
interim benefits is final and is not subject to review by any other
court.
``(3) In a case for which interim benefits are paid pursuant to an
order under paragraph (1)--
``(A) if benefits are awarded as part of the final decision
on the claim, the amount of interim benefits paid for any month
shall be deducted from the amount of any retroactive benefit
otherwise payable for that month under the final decision on
the claim; and
``(B) if benefits are not awarded as part of the final
decision on the claim, the amount of interim benefits paid
shall not be considered to be an overpayment and shall not
otherwise be subject to recovery by the United States.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to any action brought under chapter 72 of title 38,
United States Code, that is not final under section 7291 of such title
as of the date of the enactment of this Act.
SEC. 7. AUTHORITY FOR COURT TO EXTEND TIME TO FILE NOTICE OF APPEAL.
(a) Authority.--Section 7266(a) of title 38, United States Code, is
amended by adding at the end the following new paragraph:
``(5) The Court, upon a showing of excusable neglect or good cause,
may extend the time for filing a notice of appeal. A copy of any motion
for such an extension of time for filing shall be provided to the
Secretary and to any other party to the case in accordance with the
Court's rules of practice and procedure.''.
(b) Effective Date.--The amendment made by subsection (a) shall not
apply to any case for which the time for filing a notice of appeal
under section 7266 of title 38, United States Code, has elapsed before
the date of the enactment of this Act. | Veterans Judicial Review Improvement Act of 2002 - Amends Federal provisions relating to the Court of Appeals for Veterans Claims (Court) to: (1) hold unlawful and set aside a finding of material fact when not supported by a preponderance of the evidence (currently, only when clearly erroneous); (2) allow the Court to enter a default judgment against the Secretary of Veterans Affairs upon a determination that the Secretary has unlawfully withheld or unreasonably delayed action on a claim or has failed to plead or otherwise defend; and (3) allow judicial review by the Circuit Court of Appeals of any question of law, or application of law to the facts, that was relied upon by the Court.Directs the Secretary to provide for the expeditious treatment: (1) by the appropriate office of the Veterans Benefits Administration of any claim remanded to that office by the Board of Veterans' Appeals; and (2) by such Board of any claim remanded to the Secretary by the Court.Authorizes the Court, in claims remanded to the Secretary involving compensation, dependency and indemnity compensation, or pension, to order the Secretary to pay interim benefits when a decision on such claim is not rendered within 180 days.Authorizes the Court, upon a showing of excusable neglect or good cause, to extend the time for filing a notice of appeal. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to make improvements in judicial review of administrative decisions of the Department of Veterans Affairs."} | 1,943 | 308 | 0.615873 | 1.909698 | 0.927965 | 4.929412 | 6.6 | 0.921569 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Flight Deck Officer
Improvement Act of 2004''.
SEC. 2. FEDERAL FLIGHT DECK OFFICER TRAINING AND REQUALIFICATION
TRAINING.
(a) Training, Supervision, and Equipment.--Section 44921(c) of
title 49, United States Code, is amended by adding at the end the
following:
``(3) Location of training.--
``(A) Study.--The Secretary shall conduct a study
of the feasibility of conducting Federal flight deck
officer initial training at facilities located
throughout the United States, including an analysis of
any associated programmatic impacts to the Federal
flight deck officer program.
``(B) Report.--Not later than 180 days after the
date of enactment of this paragraph, the Secretary
shall transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate a report on the results of the study.
``(4) Dates of training.--The Secretary shall ensure that a
pilot who is eligible to receive Federal flight deck officer
training is offered a choice of training dates and is provided
at least 30 days advance notice of the dates.
``(5) Travel to training facilities.--The Secretary shall
establish a program to improve travel access to Federal flight
deck officer training facilities through the use of charter
flights or improved scheduled air carrier service.
``(6) Requalification and recurrent training.--
``(A) Standards.--The Secretary shall establish
qualification standards for facilities where Federal
flight deck officers can receive requalification and
recurrent training.
``(B) Locations.--The Secretary shall provide for
requalification and recurrent training at
geographically diverse facilities, including military
facilities, Federal, State, and local law enforcement
facilities, and private training facilities that meet
the qualification standards established under
subparagraph (A).
``(7) Costs of training.--
``(A) In general.--The Secretary shall provide
Federal flight deck officer training, requalification
training, and recurrent training to eligible pilots at
no cost to the pilots or the air carriers that employ
the pilots.
``(B) Transportation and expenses.--The Secretary
may provide travel expenses to a pilot receiving
Federal flight deck officer training, requalification
training, or recurrent training.
``(8) Communications equipment.--Not later than 180 days
after the date of enactment of this paragraph, the Secretary
shall establish a secure means for personnel of the
Transportation Security Administration to communicate with
Federal flight deck officers, and for Federal flight deck
officers to communicate with each other, in support of the
mission of such officers. Such means of communication may
include a secure Internet website.
``(9) Issuance of badges.--Not later than 180 days after
the date of enactment of this paragraph, the Secretary shall
issue badges to Federal flight deck officers.''.
SEC. 3. FEDERAL FLIGHT DECK OFFICER FIREARM CARRIAGE PILOT PROGRAM.
Section 44921(f) of title 49, United States Code, is amended by
adding at the end the following:
``(4) Pilot Program.--
``(A) In general.--Not later than 90 days after the
date of enactment of this paragraph, the Secretary
shall implement a pilot program to allow pilots
participating in the Federal flight deck officer
program to transport their firearms on their persons.
The Secretary may prescribe any training, equipment, or
procedures that the Secretary determines necessary to
ensure safety and maximize weapon retention.
``(B) Review.--Not later than 1 year after the date
of initiation of the pilot program, the Secretary shall
conduct a review of the safety record of the pilot
program and transmit a report on the results of the
review to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate.
``(C) Option.--If the Secretary as part of the
review under subparagraph (B) determines that the
safety level obtained under the pilot program is
comparable to the safety level determined under
existing methods of pilots carrying firearms on
aircraft, the Secretary shall allow all pilots
participating in the Federal flight deck officer
program the option of carrying their firearm on their
person subject to such requirements as the Secretary determines
appropriate.''.
SEC. 4. FEDERAL FLIGHT DECK OFFICERS ON INTERNATIONAL FLIGHTS.
(a) Agreements With Foreign Governments.--The President is
encouraged to pursue aggressively agreements with foreign governments
to allow maximum deployment of Federal flight deck officers on
international flights.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the President (or the President's designee) shall submit to
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the status of the President's
efforts to allow maximum deployment of Federal flight deck officers on
international flights.
SEC. 5. COMPENSATION FOR PROGRAM-RELATED INJURIES.
Section 44921 of title 49, United States Code, is amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following:
``(k) Compensation for Program-Related Injury or Death.--
``(1) In general.--The Secretary shall work with the
relevant Federal agencies to obtain compensation under
applicable Federal laws for the death or injury of a Federal
flight deck officer sustained while in the performance of the
officer's duties under the program.
``(2) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall transmit to Congress
a report on the Secretary's efforts to obtain compensation for
Federal flight deck officers under paragraph (1), together with
recommendations, if any, for legislative actions required to
provide such compensation.''.
SEC. 6. SENSE OF CONGRESS.
It is the sense of Congress that air carriers should permit Federal
flight deck officers to take a leave of absence from their employment
as required to attend initial and requalification Federal flight deck
officer training.
SEC. 7. REFERENCES TO UNDER SECRETARY.
Section 44921 of title 49, United States Code, is amended--
(1) in subsection (a) by striking ``Under Secretary of
Transportation for Security'' and inserting ``Secretary of
Homeland Security'';
(2) by striking ``Under Secretary'' each place it appears
and inserting ``Secretary''; and
(3) by striking ``Under Secretary's'' each place it appears
and inserting ``Secretary's''. | Federal Flight Deck Officer Improvement Act of 2004 - Instructs the Secretary of Transportation to: (1) study and report to certain congressional committees on the feasibility of conducting Federal flight deck officer initial training; (2) ensure that eligible pilots are offered a choice of training dates, and given advance notice of them; (3) establish a program to improve travel access to Federal flight deck officer training facilities through the use of charter flights or improved scheduled air carrier service; (4) establish qualification standards for facilities where Federal flight deck officers can receive requalification and recurrent training; and (5) provide Federal flight deck officer training, requalification training, and recurrent training at no cost to the pilots or the air carriers that employ them.
Directs the Secretary to establish a secure means for personnel of the Transportation Security Administration to communicate with Federal flight deck officers, and for Federal flight deck officers to communicate with each other.
Directs the Secretary to implement a pilot program to allow pilots participating in the Federal flight deck officer program to transport their firearms on their persons.
Encourages the President to pursue aggressively agreements with foreign governments to allow maximum deployment of Federal flight deck officers on international flights.
Requires the Secretary to work with relevant Federal agencies to obtain compensation for the death or injury of a Federal flight deck officer sustained while in the performance of his or her duties under the program.
Expresses the sense of Congress that air carriers should permit Federal flight deck officers to take a leave of absence from their employment as required to attend initial and requalification Federal flight deck officer training. | {"src": "billsum_train", "title": "To amend title 49, United States Code, to make modifications to the Federal flight deck officer program."} | 1,505 | 328 | 0.711649 | 2.04044 | 0.934484 | 6.226974 | 4.460526 | 0.950658 |
SECTION 1. SHORT TITLE AND REFERENCE.
(a) Short Title.--This Act may be cited as the ``Radiation Workers
Justice Act of 1998''.
(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 Radiation Exposure Compensation Act.
(c) Findings.--In amending the Radiation Exposure Compensation Act,
the Congress finds that--
(1) since the passage of the Radiation Exposure
Compensation Act in 1990, additional scientific information has
become available to support the view that criteria imposed upon
qualifications for compensation for uranium miners are too
restrictive and exclude individuals who have suffered injury as
a result of work performed for the use and benefit of the
United States Government;
(2) documentation requirements to provide a reconstruction
of a uranium miner's work history and radiation exposure in
order to qualify for compensation have proved too burdensome
and unfair and are thus is in need of modification;
(3) miners working in aboveground uranium mines and uranium
millers should be provided compensation similar to that for
underground uranium miners where such individuals have suffered
injury and death as a result of work performed for the primary
use and benefit of the United States Government; and
(4) compensation should be provided to uranium miners whose
constitutional rights were violated as a result of their having
been, without their knowledge or consent, intentionally placed
at unnecessary risk and subsequently studied under false
pretenses by United States public health officials and other
agencies of the Federal Government.
SEC. 2. TRUST FUND.
Section 3(d) is amended by striking ``of this Act'' and inserting
``of the Radiation Workers Justice Act of 1998''.
SEC. 3. AFFECTED AREA.
Section 4(b)(1) is amended by striking ``and'' at the end of
subparagraph (B) and by adding after subparagraph (C) the following:
``(D) those parts of Arizona, Utah, and New Mexico
comprising the Navajo Nation Reservation which were
subjected to fallout from nuclear weapons testing
conducted in Nevada; and''.
SEC. 4. URANIUM MINING AND MILLING.
(a) Milling.--Section 5 is amended--
(1) in the section heading by adding ``or milling'' after
``uranium mining''; and
(2) in subsection (a), by inserting after ``Utah'' the
following: ``or any other State in which uranium was mined or
milled''.
(b) Mines.--Section 5(a) is amended by striking ``a uranium mine''
and inserting ``a uranium mine, including a mine located above ground
and an open pit mine in which uranium miners worked, or a uranium
mill''.
(c) Dates.--Section 5(a) is amended by striking ``January 1, 1947,
and ending on December 31, 1971'' and inserting ``January 1, 1942, and
ending on December 31, 1990''.
(d) Redefinition of Period of Exposure, Expansion of Coverage,
Increase in Compensation Awards, and Removal of Smoking Distinction.--
Section 5(a) is amended by striking paragraph (1) and all that follows
through clause (ii) and inserting:
``(1) was exposed to 40 or more working level months of
radiation or worked in such uranium mines or mills for a period
of at least one year and submits written medical documentation
that such individual, after such exposure, developed lung cancer, or
``(2) was exposed to 40 or more working level months of
radiation or worked in such uranium mines or mills for a period
of at least one year and submits written medical documentation
that such individual, after such exposure, developed a
nonmalignant respiratory disease or other medical condition
associated with uranium mining or milling,
shall receive up to $200,000 if the claim for such payment is filed
with the Attorney General by or on behalf of such individual and the
Attorney General determines, in accordance with section 6, that the
claim meets the requirements of this Act. Payments under made under
this subsection may be made only in accordance with section 6.''.
(e) Claims Related to Human Use Research, Other Work-Related Death
Claims.--Section 5 is amended by redesignating subsection (b), as
amended by subsection (a)(3), as subsection (d) and by inserting after
subsection (a) the following:
``(b) Claims Relating to Human Use Research and Death Resulting
From Nonradiological Causes.--Any individual who was employed in a
uranium mine or mill located in any State referred to in subsection (a)
at any time during the period referred to therein, and who--
``(1) in the course of such employment, without the
individual's knowledge or informed consent, was intentionally
exposed to radiation for purposes of testing, research, study,
or experimentation by the Federal Government or any agency
thereof to determine the effects of such exposure on the human
body, or
``(2) suffered death, not otherwise compensable under
subsection (a), arising out of or in the course of the
individual's employment,
shall receive $50,000, if the claim for such payment is filed with the
Attorney General by or on behalf of such individual and the Attorney
General determines, in accordance with section 6, that the claim meets
the requirements of this Act. Payments under this subsection may be
made only in accordance with section 6.''.
(f) Other Injury or Disability.--Section 5 (as amended by
subsection (e)) is amended by adding after subsection (b) the
following:
``(c) Other Injury or Disability.--Any individual who was employed
in a uranium mine or mill located in any State referred to in
subsection (a) at any time during the period referred to therein, and
who submits written medical documentation that such individual suffered
injury or disability, not otherwise compensable under subsection (a),
arising out of or in the course of the individual's employment, shall
receive $20,000, if the claim for such payment is filed with the
Attorney General by or on behalf of such individual and the Attorney
General determines, in accordance with section 6, that the claim meets
the requirements of this Act. Payments under this subsection may be
made only in accordance with section 6.''.
(g) Definitions.--Subsection (d) (as so redesignated) of section 5
is amended--
(1) in paragraph (1) by striking ``radiation exposure'' and
inserting ``exposure to radon and radon progeny'', and by
inserting after ``every work day for a month,'' the following:
``based on a 6-day workweek,'';
(2) paragraph (2) is amended to read as follows:
``(2) the term `working level' means the concentration of
the short half-life daughters (progeny) of radon that will
release (1.3 x 10<SUP>5</SUP>) million electron volts of alpha
energy per liter of air;'';
(3) by striking paragraphs (3) and (4), and by adding after
paragraph (2) the following:
``(3) the term `nonmalignant respiratory disease' means
fibrosis of the lung, pulmonary fibrosis, corpulmonale related
to pulmonary fibrosis, or moderate or severe silicosis or
pneumoconiosis;
``(4) the term `affected Indian tribe' means any Indian
tribe, band, nation, pueblo, or other organized group or
community, that is recognized as eligible for special programs
and services provided by the United States to Indian tribes
because of their status as Native Americans, whose people
engaged in uranium mining or milling or where uranium mining or
milling was conducted;
``(5) the term `lung cancer' means any physiological
condition of the lung, trachea, and bronchus that is recognized
under that name or nomenclature by the National Cancer
Institute, including in situ cancers;
``(6) the term `uranium mine' means any underground
excavation, including `dog holes', as well as open pit, strip,
rim, surface, or other aboveground mines, where uranium ore or
vanadium-uranium ore was mined or otherwise extracted;
``(7) the term `uranium mill' includes milling operations
involving the processing of uranium ore or vanadium-uranium
ore, including both carbonate and acid leach plants;
``(8) the term `course of employment' means and shall
include any period of employment in either a uranium mine or
uranium mill either prior to or after December 31, 1971, or the
cumulative period of employment in both a uranium mine and mill
should the individual have been employed in both;
``(9) the term `written medical documentation' for purposes
of proving a nonmalignant respiratory disease means, where the
claimant is alive--
``(A) a chest x-ray administered in accordance with
standard techniques and the interpretive reports
thereof by 2 certified `B' readers classifying the
existence of the nonmalignant respiratory disease of
category 1/0 or higher according to the ILO 1989, or
subsequent revisions;
``(B) high resolution computed tomography scans and
interpretive reports thereof;
``(C) pathology reports of tissue biopsies;
``(D) pulmonary function tests indicating a 20
percent or more reduction in lung function as defined
by the American Thoracic Society; or
``(E) an arterial blood gas study; and
``(10) the term `other medical condition associated with
uranium mining or milling' means any medical condition
associated with exposure to radiation, heavy metals, chemicals,
or other toxic substances to which miners and millers are
exposed in the mining and milling of uranium.''.
SEC. 5. DETERMINATION AND PAYMENT OF CLAIMS.
(a) Determination and Payment of Claims, Generally.--Section 6 is
amended--
(1) in subsection (b)(1), by adding at the end the
following: ``All reasonable doubt with regard to whether a
claim meets the requirements of this Act shall be resolved in
favor of the claimant.'';
(2) by redesignating paragraph (2) of subsection (b) as
paragraph (5) and by inserting after paragraph (1) the
following:
``(2) Evidence.--In support of a claim for compensation
under section 5 of this Act, the Attorney General shall permit
the introduction of, and a claimant may use and rely upon,
affidavits and other documentary evidence, including medical
evidence, to the same extent as permitted by the Federal Rules
of Evidence.
``(3) Interpretation of radiographs.--Where radiographs are
required in support of a claim under section 5(a), the
submission by claimant of interpretive reports thereof by at
least 2 certified `B' readers shall be considered conclusive.
To ensure the proper interpretation of radiographs by `B'
readers, the Attorney General may establish a fair and random
audit procedure.'';
(3) in subsection (c)(2)(A)(ii), by inserting after
``uranium mine'' the following: ``or uranium mill'';
(4) in subsection (c)(2)(B)(ii), by striking ``by the
Federal Government'' and inserting ``through the Department of
Veterans Affairs'';
(5) in subsection (d), by inserting at the end the
following: ``For purposes of determining when the 12 month
period has run, a claim under this Act shall be deemed filed as
of the date of its receipt by the Attorney General. In the
event of the denial of a claim, the claimant shall be permitted
a reasonable period in which to seek administrative review of
the denial by the Attorney General. The Attorney General shall
make a final determination with respect to any administrative
review within 90 days of the receipt of the claimant's request
for such review. In the event the Attorney General fails to
render a determination within 12 months, the claim shall be
deemed awarded as a matter of law and paid.'';
(6) in subsection (e), by inserting after ``uranium mine''
the following: ``or uranium mill'';
(7) in subsection (k), by inserting after ``this Act'' each
place it occurs the following: ``or any subsequent amendment to
this Act''; and
(8) in subsection (l), by adding at the end the following:
``In the event the reviewing court sets aside the denial of a
claim under this Act as unlawful, the court shall award
claimant reasonable attorney's fees and costs incurred with
respect to the court's review. In the event that claimant
subsequently prevails upon remand on the claimant's claim,
claimant shall be awarded 8 percent per annum on the claimant's
claim from the date of the original denial of the claim.
Attorney's fees, costs, and interest awarded pursuant to this
section shall be considered costs incurred by the Attorney
General and shall not be paid from the Fund, or set off
against, or otherwise deducted from, any payment under this
section to a claimant.''.
(b) Furtherance of Special Trust Responsibility to Affected Indian
Tribes; Self-Determination Program Election.--In furtherance of, and
consistent with, the trust responsibility of the United States to
Native American uranium workers recognized by the Congress upon
adoption of the Radiation Exposure Compensation Act in 1990, section 6
(as amended by subsection (a)) is amended--
(1) in subsection (a), by adding at the end the following:
``Any such procedures shall take into consideration and
incorporate, to the fullest extent feasible, Native American
law, tradition, and custom with respect to the submission and
processing of claims by Native Americans.'';
(2) in subsection (b), by adding after paragraph (3) the
following:
``(4) Pulmonary function standards.--In determining the
pulmonary impairment of a claimant, the Attorney General shall
evaluate the degree of impairment based on ethnic-specific
pulmonary function standards.'';
(3) in subsection (b)(5), by striking ``and'' at the end of
subparagraph (B), by striking the period at the end of
subparagraph (C) and inserting ``; and'', and by inserting
after subparagraph (C) the following:
``(D) in consultation with any affected Indian
tribe, establish guidelines for the determination of
claims filed by Native American uranium miners and
millers pursuant to section 5.'';
(4) by adding after paragraph (5) of subsection (b) the
following:
``(6) Self-determination program election.--
``(A) The Attorney General is authorized, upon the
request of any affected Indian tribe by tribal
resolution, to enter into a self-determination contract
or contracts pursuant to the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450 et seq.)
with a tribal organization of any such Indian tribe to
plan, conduct, and administer the disposition and award
of claims under this Act insofar as members of the
affected Indian tribe are concerned.
``(B) Upon request of an affected Indian tribe to
enter into such a self-determination contract, the
Attorney General shall approve or reject the request
pursuant to and consistent with section 102 of such Act
(25 U.S.C. 450f). Such Act shall govern in all respects
both as to the approval and subsequent implementation
of the self-determination contract or in the event the
request for such contract is rejected.
``(C) Notwithstanding any other provision of law,
funds authorized for use by the Attorney General to
carry out the Attorney General's functions under
section 6(i) are eligible for the planning, training,
implementation, and administration of any self-
determination contract entered into with an affected
Indian tribe pursuant to this section.''; and
(5) in subsection (c)(4), by adding at the end the
following:
``(D) Application of native american law.--In
determining those individuals eligible to receive
compensation by virtue of marriage, relationship, or
survivorship, such determination shall take into
consideration and give effect to established law,
tradition, and custom of the particular affected Indian
tribe.''.
SEC. 6. CHOICE OF REMEDIES.
Section 7(b) is amended to read as follows:
``(b) Choice of Remedies.--Payment of an award under any provision
of this Act does not preclude payment of an award under any other
provision of this Act, except that no individual may receive more than
1 award payment for any compensable cancer or other compensable
disease.''.
SEC. 7. LIMITATION ON CLAIMS; RETROACTIVE APPLICATION OF AMENDMENTS.
Section 8 is amended to read as follows:--
``SEC. 8. LIMITATION ON CLAIMS.
``(a) Bar.--A claim to which this Act applies shall be barred
unless the claim is filed within 20 years of the date of the enactment
of the Radiation Workers Justice Act of 1998.
``(b) Amendments.--The amendments made by the Radiation Workers
Justice Act of 1998 shall be retroactive to October 5, 1990. The
amendments shall apply to any claim filed under this Act, whether
accrued before or after the date of enactment of such Act, regardless
of whether such claim may have been previously awarded as the result of
previous filing and prior payment under this Act.''. | Radiation Workers Justice Act of 1998 - Amends the Radiation Exposure Compensation Act to extend the Radiation Exposure Compensation Trust Fund to 22 years after the date of enactment of this Act.
(Sec. 3) Includes within the purview of the Radiation Exposure Compensation Act those parts of Arizona, Utah, and New Mexico composing the Navajo National Reservation which were subjected to fallout from nuclear weapons testing conducted in Nevada.
(Sec. 4) Prescribes eligibility guidelines for claims relating to: (1) uranium milling; (2) any State in which uranium was either milled or mined; (3) a mine located above ground; (4) an open pit mine worked by uranium miners; and (5) a uranium mill.
Extends the timeframe for filing claims to include the period from January 1, 1942, to December 31, 1990.
Identifies claims eligibility criteria for uranium employees who: (1) were exposed to 40 or more working level months of radiation; (2) worked in uranium mines or mills for at least one year; and (3) submit written medical documentation of either lung cancer or a nonmalignant respiratory medical condition associated with uranium mining or milling. Provides for up to $200,000 for such a claim.
Mandates money damages of $50,000 for any uranium mine or mill employee: (1) who was exposed to radiation (without knowledge or informed consent) by a Federal agency for human use research purposes; or (2) who suffered death from nonradiological causes arising out of or in the course of employment. Mandates money damages of $20,000 for injury or disability from nonradiological causes arising out of or in the course of employment.
(Sec. 5) Modifies claims payment procedures to mandate that: (1) all reasonable doubt whether a claim meets the requirements of this Act be resolved in favor of the claimant; (2) the Attorney General permit the introduction and use of affidavits and other documentary or medical evidence to the same extent as permitted by the Federal Rules of Evidence; (3) specified radiograph interpretive reports be considered conclusive; (4) with respect to Native Americans' claims, the Attorney General establish procedures that incorporate (where feasible) Native American law and mores; (5) when determining the pulmonary impairment of a claimant, the Attorney General evaluate the degree of impairment based on ethnic-specific pulmonary function standards; and (6) upon tribal request, the Attorney General establish claims determination procedures for Native American uranium miners and millers in consultation with the affected Indian tribe.
Authorizes the Attorney General, upon tribal request, to enter into a self-determination contract with a tribal organization to process tribal members' claims.
(Sec. 7) Revises the statute of limitations for filing a claim to require such filing within 20 years of the date of enactment of this Act.
Makes the amendments made by this Act retroactive to October 5, 1990. | {"src": "billsum_train", "title": "Radiation Workers Justice Act of 1998"} | 4,007 | 650 | 0.629309 | 2.127682 | 0.679642 | 3.478947 | 6.35614 | 0.92807 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Innovation Act of
2016''.
SEC. 2. PROGRAM AUTHORIZATION.
Section 303(b) of the Small Business Investment Act of 1958 (15
U.S.C. 683(b)) is amended, in the matter preceding paragraph (1), in
the first sentence, by inserting after ``issued by such companies'' the
following: ``, in a total amount that does not exceed $4,000,000,000
each fiscal year (adjusted annually to reflect increases in the Chained
Consumer Price Index for All Urban Consumers (C-CPI-U), as published by
the Bureau of Labor Statistics of the Department of Labor)''.
SEC. 3. SMALL BUSINESS EARLY-STAGE INVESTMENT PROGRAM.
Title III of the Small Business Investment Act of 1958 (15 U.S.C.
681 et seq.) is amended by adding at the end the following:
``PART D--SMALL BUSINESS EARLY-STAGE INVESTMENT PROGRAM
``SEC. 399A. DEFINITIONS.
``In this part:
``(1) Early-stage small business.--The term `early-stage
small business' means a small business concern that--
``(A) is domiciled in a State or Indian country (as
defined in section 1151 of title 18, United States
Code); and
``(B) has not generated positive cash flow from
operations in any fiscal year before the date on which
a participating investment company makes an initial
investment in the small business concern.
``(2) Eligible applicant.--The term `eligible applicant'
means a limited liability company or a limited partnership
organized and chartered or otherwise existing under Federal or
State law for the purpose of performing the functions and
conducting the activities contemplated under the program,
including those managed by a manager of a small business
investment company.
``(3) Participating investment company.--The term
`participating investment company' means an applicant approved
under section 399E to participate in the program.
``(4) Program.--The term `program' means the early-stage
investment program established under section 399B.
``(5) Small business concern.--The term `small business
concern' has the same meaning given that term in section 3(a)
of the Small Business Act (15 U.S.C. 632(a)).
``(6) Small business concern in a targeted industry.--The
term `small business concern in a targeted industry' means a
small business concern that is engaged primarily in
researching, developing, manufacturing, producing, or bringing
to market goods, products, or services in a targeted industry.
``(7) Targeted industry.--The term `targeted industry'
means any of the following business sectors:
``(A) Advanced manufacturing.
``(B) Agricultural technology.
``(C) Biotechnology.
``(D) Clean energy technology.
``(E) Digital media.
``(F) Environmental technology.
``(G) Information technology.
``(H) Life sciences.
``(I) Water technology.
``(8) Temporary debt.--The term `temporary debt' means
borrowings of a participating investment company--
``(A) with a term not to exceed 90 days from a
regulated financial institution for the purpose of
maintaining operating liquidity of the participating
investment company or providing funds for a particular
financing of a small business concern; and
``(B) that do not exceed 50 percent of the
leveraged capital of the participating investment
company.
``SEC. 399B. ESTABLISHMENT OF PROGRAM.
``The Administrator shall establish and carry out an early-stage
investment program to provide equity financing to support early-stage
small businesses in accordance with this part.
``SEC. 399C. ADMINISTRATION OF PROGRAM.
``The Administrator, acting through the Associate Administrator
described in section 201, shall administer the program.
``SEC. 399D. APPLICATIONS.
``An eligible applicant that desires to participate in the program
shall submit to the Administrator an application that includes--
``(1) a business plan describing how the eligible applicant
intends to make successful venture capital investments in
early-stage small businesses and direct capital to small
business concerns in targeted industries or other business
sectors;
``(2) information regarding the relevant venture capital
investment qualifications and backgrounds of the individuals
responsible for the management of the eligible applicant; and
``(3) a description of the extent to which the eligible
applicant meets the selection criteria and other requirements
to participate in the program under section 399E.
``SEC. 399E. SELECTION OF PARTICIPATING INVESTMENT COMPANIES.
``(a) In General.--Not later than 120 days after the date on which
the Administrator receives an application from an eligible applicant
under section 399D, the Administrator shall make a determination to
conditionally approve or disapprove the eligible applicant to
participate in the program and shall transmit the determination to the
eligible applicant electronically and in writing. A determination to
conditionally approve an eligible applicant shall identify all
conditions the eligible applicant is required to satisfy for the
Administrator to provide final approval to the eligible applicant to
participate in the program, and shall provide a period of not less than
1 year for the eligible applicant to satisfy the conditions.
``(b) Selection Criteria.--In making a determination under
subsection (a), the Administrator shall consider--
``(1) the likelihood that the eligible applicant will meet
the goals specified in the business plan of the eligible
applicant;
``(2) the likelihood that the investments of the eligible
applicant will create or preserve jobs in the United States,
both directly and indirectly;
``(3) the character and fitness of the management of the
eligible applicant;
``(4) the experience and background of the management of
the eligible applicant;
``(5) the extent to which the eligible applicant will
concentrate investment activities on early-stage small
businesses;
``(6) the likelihood that the eligible applicant will
achieve profitability;
``(7) the experience of the management of the eligible
applicant with respect to establishing a profitable investment
track record;
``(8) the extent to which the eligible applicant will
concentrate investment activities on small business concerns in
targeted industries; and
``(9) the extent to which the eligible applicant will
concentrate investment activities on small business concerns in
targeted industries that have received funds from a Federal
agency, including--
``(A) the National Institutes of Health;
``(B) the National Science Foundation; and
``(C) funds received from a Federal agency under
the Small Business Innovation Research Program or the
Small Business Technology Transfer Program, as such
terms are defined under section 9 of the Small Business
Act (15 U.S.C. 638).
``(c) Regulatory Capital Requirements.--To participate in the
program, an eligible applicant shall have regulatory capital--
``(1) in an amount that is not less than $20,000,000,
unless the Administrator determines that the eligible applicant
can have long-term financial viability with a lower amount of
regulatory capital; and
``(2) of which not more than 33 percent is from State or
local government entities.
``(d) Non-Affiliation Requirement.--To participate in the program,
not less than 30 percent of the regulatory and leverageable capital of
an eligible applicant shall come from 3 persons unaffiliated with the
management of the fund and unaffiliated with each other.
``(e) Third-Party Debt.--To participate in the program, an eligible
applicant may not incur debt, other than leverage, unless the debt is
temporary debt.
``SEC. 399F. EQUITY FINANCINGS.
``(a) In General.--The Administrator may make one or more equity
financings to a participating investment company.
``(b) Equity Financing Amounts.--
``(1) Non-federal capital.--An equity financing made to a
participating investment company under the program may not be
in an amount that exceeds the amount of the capital of the
participating investment company that is not from a Federal
source and that is available for investment on or before the
date on which an equity financing is drawn upon by the
participating investment company. The capital of the
participating investment company may include legally binding
commitments with respect to capital for investment.
``(2) Limitation on aggregate amount.--The aggregate amount
of all equity financings made to a participating investment
company under the program may not exceed $100,000,000.
``(c) Equity Financing Process.--In making an equity financing
under the program, the Administrator shall commit an equity financing
amount to a participating investment company, and the amount of each
commitment shall remain available to be drawn upon by a participating
investment company--
``(1) for new-named investments, during the 5-year period
beginning on the date on which the commitment is first drawn
upon by the participating investment company; and
``(2) for follow-on investments and management fees, during
the 10-year period beginning on the date on which the
commitment is first drawn upon by the participating investment
company, with additional 1-year periods available at the
discretion of the Administrator.
``(d) Commitment of Funds.--Not later than 2 years after the date
on which funds are appropriated for the program, the Administrator
shall make commitments for equity financings.
``SEC. 399G. INVESTMENTS IN EARLY-STAGE SMALL BUSINESSES.
``(a) In General.--As a condition of receiving an equity financing
under the program, a participating investment company shall make all of
the investments of the participating investment company made with
amounts received under the program, including securities, promissory
notes, or other obligations, in small business concerns, of which at
least 50 percent of the total amount of such investments shall be in
early-stage small businesses in targeted industries.
``(b) Evaluation of Compliance.--After a participating investment
company has expended not less than 50 percent of the amount of an
equity financing commitment made under section 399F, the Administrator
shall evaluate the compliance of the participating investment company
with the requirements under subsection (a).
``(c) Waiver.--The Administrator may waive the requirements for a
participating investment company under subsection (a) if the
Administrator determines that it is in the best interest of the long
term solvency of the fund established in section 399J.
``SEC. 399H. PRO RATA INVESTMENT SHARES.
``Each investment made by a participating investment company under
the program shall be treated as comprised of capital from equity
financings under the program according to the ratio that capital from
equity financings under the program bears to all capital available to
the participating investment company for investment.
``SEC. 399I. EQUITY FINANCING INTEREST.
``(a) Equity Financing Interest.--
``(1) In general.--As a condition of receiving an equity
financing under the program, a participating investment company
shall convey an equity financing interest to the Administrator
in accordance with paragraph (2).
``(2) Effect of conveyance.--The equity financing interest
conveyed under paragraph (1)--
``(A) shall have all the rights and attributes of
other investors attributable to their interests in the
participating investment company;
``(B) shall not denote control or voting rights to
the Administrator; and
``(C) shall entitle the Administrator to a pro rata
portion of any distributions made by the participating
investment company equal to the percentage of capital
in the participating investment company that the equity
financing comprises, which shall be made at the same
times and in the same amounts as any other investor in
the participating investment company with a similar
interest.
``(3) Allocations.--A participating investment company
shall make allocations of income, gain, loss, deduction, and
credit to the Administrator with respect to the equity
financing interest as if the Administrator were an investor.
``(b) Manager Profits.--As a condition of receiving an equity
financing under the program, the manager profits interest payable to
the managers of a participating investment company under the program
shall not exceed 20 percent of profits, exclusive of any profits that
may accrue as a result of the capital contributions of any such
managers with respect to the participating investment company. Any
excess of manager profits interest, less taxes payable thereon, shall
be returned by the managers and paid to the investors and the
Administrator in proportion to the capital contributions and equity
financings paid in. No manager profits interest (other than a tax
distribution) shall be paid before the repayment to the investors and
the Administrator of all contributed capital and equity financings
made.
``(c) Distribution Requirements.--As a condition of receiving an
equity financing under the program, a participating investment company
shall make all distributions to all investors in cash and shall make
distributions within a reasonable time after exiting investments,
including following a public offering or market sale of underlying
investments.
``(d) Reserve Requirements.--
``(1) In general.--A participating investment company with
an outstanding equity financing under the program shall, during
the first 5 years of the term of each debenture which requires
periodic interest payments to Administration, maintain a
reserve sufficient to pay the interest and charges on the
debenture for the first 21 payments due after the date of
issuance.
``(2) Form.--The reserve required under this subsection may
consist of any combination of--
``(A) binding unfunded commitments from
institutional investors of the participating investment
company that may only be called for the purpose of--
``(i) the payment of interest and charges
to the Administration; or
``(ii) the payment of any other amounts due
to the Administration; and
``(B) cash maintained in a separate bank account or
separate investment account permitted by the
Administration by regulation and separately identified
in the financial statements of the participating
investment company as `restricted cash' available only
for the purpose of--
``(i) paying interest and charges to the
Administration; or
``(ii) the payment of any other amounts due
to the Administration.
``(3) Reduction of required amount.--
``(A) In general.--The required reserve associated
with a debenture shall be reduced on each payment date
upon payment of the required interest and charges to
the Administration.
``(B) Elimination.--If a participating investment
company prepays a debenture before the due date for the
twenty-first payment after the date on which the
debenture is issued, the reserve requirement with
respect to the debenture shall be eliminated.
``(4) Inclusion in formation documents.--The formation
documents for a participating investment company shall
incorporate the reserve requirements under this subsection.
``SEC. 399J. FUND.
``(a) In General.--There is established in the Treasury a separate
account (in this section referred to as `the fund') for equity
financings which shall be available to the Administrator, subject to
annual appropriations, as a revolving fund to be used for the purposes
of the program. All amounts received by the Administrator under the
program, including any moneys, property, or assets derived by the
Administrator from operations in connection with the program, shall be
deposited in the fund.
``(b) Funds Administration.--Not more than 1 percent of the total
amount made available for the fund in a fiscal year may be used for
funds administration.
``SEC. 399K. APPLICATION OF OTHER SECTIONS.
``To the extent not inconsistent with requirements under this part,
the Administrator may apply sections 309, 311, 312, 313, and 314 to
activities under this part, and an officer, director, employee, agent,
or other participant in a participating investment company shall be
subject to the requirements under such sections.
``SEC. 399L. ANNUAL REPORTING.
``The Administrator shall include information on the performance of
the program in the annual performance report of the Administration
required to be submitted under section 10(a) of the Small Business Act
(15 U.S.C. 639(a)).''. | Small Business Innovation Act of 2016 This bill amends the Small Business Investment Act of 1958 to authorize the Small Business Administration (SBA) to guarantee the payment of up to $4 billion per fiscal year for debentures or participating securities issued by small business investment companies (SBICs) to encourage the formation and growth of small businesses. The SBA must establish and carry out an early-stage investment program to provide, through participating investment companies, equity financing to support early-stage businesses that have not generated positive cash flow at any time prior to an initial investment by a participating investment company. The bill outlines participating investment company application requirements and selection and approval procedures. It allows the SBA to make one or more equity financings to a participating investment company, with a limit of $100 million to any one company. A participating investment company shall make all of its investments in small businesses, of which at least 50% shall be early-stage small businesses in specified targeted industries. A separate account is established for equity financings under the program. | {"src": "billsum_train", "title": "Small Business Innovation Act of 2016"} | 3,589 | 213 | 0.566125 | 1.55108 | 0.923078 | 3.04 | 16.655 | 0.87 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``H-1B Visa Fraud Prevention Act of
2007''.
SEC. 2. H-1B EMPLOYER REQUIREMENTS.
(a) Prohibition of Outplacement.--
(1) In general.--Section 212(n) of the Immigration and
Nationality Act (8 U.S.C. 1182(n)) is amended--
(A) in paragraph (1), by amending subparagraph (F)
to read as follows:
``(F) The employer shall not place, outsource, lease, or
otherwise contract for the placement of an alien admitted or
provided status as an H-1B nonimmigrant with another employer
if the worksite of the receiving employer is located in a
different State;'' and
(B) in paragraph (2), by striking subparagraph (E).
(2) Effective date.--The amendments made by paragraph (1)
shall apply to applications filed on or after the date of the
enactment of this Act.
(b) Immigration Documents.--Section 204 of such Act (8 U.S.C. 1154)
is amended by adding at the end the following:
``(l) Employer To Share All Immigration Paperwork Exchanged With
Federal Agencies.--Not later than 10 working days after receiving a
written request from a former, current, or future employee or
beneficiary, an employer shall provide the employee or beneficiary with
the original (or a certified copy of the original) of all petitions,
notices, and other written communication exchanged between the employer
and the Department of Labor, the Department of Homeland Security, or
any other Federal agency that is related to an immigrant or
nonimmigrant petition filed by the employer for the employee or
beneficiary.''.
SEC. 3. H-1B GOVERNMENT AUTHORITY AND REQUIREMENTS.
(a) Safeguards Against Fraud and Misrepresentation in Application
Review Process.--Section 212(n)(1) of the Immigration and Nationality
Act (8 U.S.C. 1182(n)) is amended--
(1) in the undesignated paragraph at the end, by striking
``The employer'' and inserting the following:
``(H) The employer''; and
(2) in subparagraph (H), as designated by paragraph (1) of
this subsection--
(A) by inserting ``and through the Department of
Labor's website, without charge.'' after ``D.C.'';
(B) by inserting ``, clear indicators of fraud,
misrepresentation of material fact,'' after
``completeness'';
(C) by striking ``or obviously inaccurate'' and
inserting ``, presents clear indicators of fraud or
misrepresentation of material fact, or is obviously
inaccurate'';
(D) by striking ``within 7 days of'' and inserting
``not later than 14 days after''; and
(E) by adding at the end the following: ``If the
Secretary's review of an application identifies clear
indicators of fraud or misrepresentation of material
fact, the Secretary may conduct an investigation and
hearing under paragraph (2).''.
(b) Investigations by Department of Labor.--Section 212(n)(2) of
such Act is amended--
(1) in subparagraph (A), by striking ``The Secretary shall
conduct'' and all that follows and inserting ``Upon the receipt
of such a complaint, the Secretary may initiate an
investigation to determine if such a failure or
misrepresentation has occurred.'';
(2) in subparagraph (C)(i)--
(A) by striking ``a condition of paragraph (1)(B),
(1)(E), or (1)(F)'' and inserting ``a condition under
subparagraph (B), (C)(i), (E), (F), (H), (I), or (J) of
paragraph (1)''; and
(B) by striking ``(1)(C)'' and inserting
``(1)(C)(ii)'';
(3) in subparagraph (G)--
(A) in clause (i), by striking ``if the Secretary''
and all that follows and inserting ``with regard to the
employer's compliance with the requirements of this
subsection.'';
(B) in clause (ii), by striking ``and whose
identity'' and all that follows through ``failure or
failures.'' and inserting ``the Secretary of Labor may
conduct an investigation into the employer's compliance
with the requirements of this subsection.'';
(C) in clause (iii), by striking the last sentence;
(D) by striking clauses (iv) and (v);
(E) by redesignating clauses (vi), (vii), and
(viii) as clauses (iv), (v), and (vi), respectively;
(F) by amending clause (v), as redesignated, to
read as follows:
``(v) The Secretary of Labor shall provide notice to an employer of
the intent to conduct an investigation. The notice shall be provided in
such a manner, and shall contain sufficient detail, to permit the
employer to respond to the allegations before an investigation is
commenced. The Secretary is not required to comply with this clause if
the Secretary determines that such compliance would interfere with an
effort by the Secretary to investigate or secure compliance by the
employer with the requirements of this subsection. A determination by
the Secretary under this clause shall not be subject to judicial
review.'';
(G) in clause (vi), as redesignated, by striking
``An investigation'' and all that follows through ``the
determination.'' and inserting ``If the Secretary of
Labor, after an investigation under clause (i) or (ii),
determines that a reasonable basis exists to make a
finding that the employer has failed to comply with the
requirements under this subsection, the Secretary shall
provide interested parties with notice of such
determination and an opportunity for a hearing in
accordance with section 556 of title 5, United States
Code, not later than 120 days after the date of such
determination.''; and
(H) by adding at the end the following:
``(vii) The Secretary of Labor may impose a penalty under
subparagraph (C) if the Secretary, after a hearing, finds a reasonable
basis to believe that--
``(I) the employer has violated the requirements under this
subsection; and
``(II) the violation was not made in good faith.''; and
(4) by striking subparagraph (H).
(c) Information Sharing Between Department of Labor and Department
of Homeland Security.--Section 212(n)(2) of such Act, as amended by
this section, is further amended by inserting after subparagraph (G)
the following:
``(H) The Director of United States Citizenship and
Immigration Services shall provide the Secretary of Labor with
any information contained in the materials submitted by H-1B
employers as part of the adjudication process that indicates
that the employer is not complying with H-1B visa program
requirements. The Secretary may initiate and conduct an
investigation and hearing under this paragraph after receiving
information of noncompliance under this subparagraph.''.
(d) Audits.--Section 212(n)(2)(A) of such Act, as amended by this
section, is further amended by adding at the end the following: ``The
Secretary may conduct surveys of the degree to which employers comply
with the requirements under this subsection and may conduct annual
compliance audits of employers that employ H-1B nonimmigrants.''.
(e) Penalties.--Section 212(n)(2)(C) of such Act, as amended by
this section, is further amended--
(1) in clause (i)(I), by striking ``$1,000'' and inserting
``$2,000'';
(2) in clause (ii)(I), by striking ``$5,000'' and inserting
``$10,000''; and
(3) in clause (vi)(III), by striking ``$1,000'' and
inserting ``$2,000''.
(f) Information Provided to H-1B Nonimmigrants Upon Visa
Issuance.--Section 212(n) of such Act, as amended by this section, is
further amended by inserting after paragraph (2) the following:
``(3)(A) Upon issuing an H-1B visa to an applicant outside the
United States, the issuing office shall provide the applicant with--
``(i) a brochure outlining the employer's obligations and
the employee's rights under Federal law, including labor and
wage protections;
``(ii) the contact information for Federal agencies that
can offer more information or assistance in clarifying employer
obligations and workers' rights; and
``(iii) a copy of the employer's H-1B application for the
position that the H-1B nonimmigrant has been issued the visa to
fill.
``(B) Upon the issuance of an H-1B visa to an alien inside the
United States, the officer of the Department of Homeland Security shall
provide the applicant with--
``(i) a brochure outlining the employer's obligations and
the employee's rights under Federal law, including labor and
wage protections;
``(ii) the contact information for Federal agencies that
can offer more information or assistance in clarifying
employer's obligations and workers' rights; and
``(iii) a copy of the employer's H-1B application for the
position that the H-1B nonimmigrant has been issued the visa to
fill.''.
SEC. 4. H-1B WHISTLEBLOWER PROTECTIONS.
Section 212(n)(2)(C)(iv) of the Immigration and Nationality Act (8
U.S.C. 1182(n)(2)(C)(iv)) is amended--
(1) by inserting ``take, fail to take, or threaten to take
or fail to take, a personnel action, or'' before ``to
intimidate''; and
(2) by adding at the end the following: ``An employer that
violates this clause shall be liable to the employees harmed by
such violation for lost wages and benefits.''.
SEC. 5. FRAUD ASSESSMENT.
Not later than 30 days after the date of the enactment of this Act,
the Director of United States Citizenship and Immigration Services
shall submit to Congress a fraud risk assessment of the H-1B visa
program. | H-1B Visa Fraud Prevention Act of 2007 - Amends the Immigration and Nationality Act to revise employer and government requirements with respect to H-1B (specialty occupation) nonimmigrant aliens.
Increases labor condition application penalties.
Provides H-1B alien whistleblower protections.
Requires the Director of United States Citizenship and Immigration Services to submit to Congress a fraud risk assessment of the H-1B visa program. | {"src": "billsum_train", "title": "A bill to amend the Immigration and Nationality Act to reduce fraud in certain visa programs for aliens working temporarily in the United States."} | 2,353 | 99 | 0.508007 | 1.198833 | 0.53305 | 4.357143 | 29.685714 | 0.842857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Volunteer Income Tax Assistance
Permanence Act of 2017''.
SEC. 2. RETURN PREPARATION PROGRAMS FOR LOW-INCOME TAXPAYERS.
(a) In General.--Chapter 77 is amended by inserting after section
7526 the following new section:
``SEC. 7526A. RETURN PREPARATION PROGRAMS FOR LOW-INCOME TAXPAYERS.
``(a) Volunteer Income Tax Assistance Matching Grant Program.--
``(1) Establishment of program.--The Secretary, through the
Internal Revenue Service, shall establish a Community Volunteer
Income Tax Assistance Matching Grant Program (hereinafter in
this section referred to as the `VITA grant program'). Except
as otherwise provided in this section, the VITA grant program
shall be administered in a manner which is substantially
similar to the Community Volunteer Income Tax Assistance
matching grants demonstration program established under title I
of division D of the Consolidated Appropriations Act, 2008.
``(2) Matching grants.--
``(A) In general.--The Secretary may, subject to
the availability of appropriated funds, make available
grants under the VITA grant program to provide matching
funds for the development, expansion, or continuation
of qualified return preparation programs assisting low-
income taxpayers and members of underserved
populations.
``(B) Application.--
``(i) In general.--Subject to clause (ii),
in order to be eligible for a grant under this
section, a qualified return preparation program
shall submit an application to the Secretary at
such time, in such manner, and containing such
information as the Secretary may reasonably
require.
``(ii) Accuracy review.--In the case of any
qualified return preparation program which was
awarded a grant under this section and was
subsequently subject to a field site visit by
the Internal Revenue Service (including through
the Stakeholder Partnerships, Education, and
Communication office) in which it was
determined that the average accuracy rate for
preparation of tax returns through such program
was less than 90 percent, such program shall
not be eligible for any additional grants under
this section unless such program provides, as
part of their application, sufficient
documentation regarding the corrective measures
established by such program to address the
deficiencies identified following the field
site visit.
``(C) Priority.--In awarding grants under this
section, the Secretary shall give priority to
applications--
``(i) demonstrating assistance to low-
income taxpayers, with emphasis on outreach to
and services for such taxpayers,
``(ii) demonstrating taxpayer outreach and
educational activities relating to eligibility
and availability of income supports available
through the Internal Revenue Code of 1986, such
as the earned income tax credit, and
``(iii) demonstrating specific outreach and
focus on one or more underserved populations.
``(D) Duration of grants.--Upon application of a
qualified return preparation program, the Secretary is
authorized to award a multi-year grant not to exceed 3
years.
``(3) Aggregate limitation.--Unless otherwise provided by
specific appropriation, the Secretary shall not allocate more
than $30,000,000 per fiscal year (exclusive of costs of
administering the program) to carry out the purposes of this
section.
``(b) Use of Funds.--
``(1) In general.--Qualified return preparation programs
receiving a grant under this section may use the grant for--
``(A) ordinary and necessary costs associated with
program operation in accordance with Cost Principles
Circulars as set forth by the Office of Management and
Budget, including--
``(i) for wages or salaries of persons
coordinating the activities of the program,
``(ii) to develop training materials,
conduct training, and perform quality reviews
of the returns for which assistance has been
provided under the program, and
``(iii) for equipment purchases and
vehicle-related expenses associated with remote
or rural tax preparation services,
``(B) outreach and educational activities described
in subsection (a)(2)(C)(ii), and
``(C) services related to financial education and
capability, asset development, and the establishment of
savings accounts in connection with tax return
preparation.
``(2) Use of grants for overhead expenses prohibited.--No
grant made under this section may be used for overhead expenses
that are not directly related to any qualified return
preparation program.
``(c) Promotion and Referral.--
``(1) Promotion.--The Secretary shall promote the benefits
of, and encourage the use of, tax preparation through qualified
return preparation programs through the use of mass
communications, referrals, and other means.
``(2) Internal revenue service referrals.--The Secretary
may refer taxpayers to qualified return preparation programs
receiving funding under this section.
``(3) VITA grantee referral.--Qualified return preparation
programs receiving a grant under this section are encouraged to
refer, as appropriate, to local or regional Low Income Taxpayer
Clinics individuals who are eligible to receive services at
such clinics.
``(d) Definitions.--For purposes of this section--
``(1) Qualified return preparation program.--The term
`qualified return preparation program' means any program--
``(A) which provides assistance to individuals, not
less than 90 percent of whom are low-income taxpayers,
in preparing and filing Federal income tax returns,
``(B) which is administered by a qualified entity,
``(C) in which all of the volunteers who assist in
the preparation of Federal income tax returns meet the
training requirements prescribed by the Secretary, and
``(D) which uses a quality review process which
reviews 100 percent of all returns.
``(2) Qualified entity.--
``(A) In general.--The term `qualified entity'
means any entity which--
``(i) is an eligible organization (as
described in subparagraph (B)),
``(ii) is in compliance with Federal tax
filing and payment requirements,
``(iii) is not debarred or suspended from
Federal contracts, grants, or cooperative
agreements, and
``(iv) agrees to provide documentation to
substantiate any matching funds provided under
the VITA grant program.
``(B) Eligible organization.--
``(i) In general.--Subject to clause (ii),
the term `eligible organization' means--
``(I) an institution of higher
education which is described in section
102 (other than subsection (a)(1)(C)
thereof) of the Higher Education Act of
1965 (20 U.S.C. 1088), as in effect on
the date of the enactment of this
section, and which has not been
disqualified from participating in a
program under title IV of such Act,
``(II) an organization described in
section 501(c) of the Internal Revenue
Code of 1986 and exempt from tax under
section 501(a) of such Code,
``(III) a local government agency,
including--
``(aa) a county or
municipal government agency,
and
``(bb) an Indian tribe, as
defined in section 4(13) of the
Native American Housing
Assistance and Self-
Determination Act of 1996 (25
U.S.C. 4103(13)), including any
tribally designated housing
entity (as defined in section
4(22) of such Act (25 U.S.C.
4103(22))), tribal subsidiary,
subdivision, or other wholly
owned tribal entity, or
``(IV) a local, State, regional, or
national coalition (with one lead
organization which meets the
eligibility requirements of subclause
(I), (II), or (III) acting as the
applicant organization).
``(ii) Alternative eligible organization.--
If no eligible organization described in clause
(i) is available to assist the targeted
population or community, the term `eligible
organization' shall include--
``(I) a State government agency,
and
``(II) a Cooperative Extension
Service office.
``(3) Low-income taxpayers.--The term `low-income taxpayer'
means a taxpayer who has income for the taxable year which does
not exceed an amount equal to the completed phaseout amount
under section 32(b) for a married couple filing a joint return
with three or more qualifying children, as determined in a
revenue procedure or other published guidance.
``(4) Underserved population.--The term `underserved
population' includes populations of persons with disabilities,
persons with limited English proficiency, Native Americans,
individuals living in rural areas, members of the Armed Forces
and their spouses, and the elderly.''.
(b) Clerical Amendment.--The table of sections for chapter 77 is
amended by inserting after the item relating to section 7526 the
following new item:
``7526A. Return preparation programs for low-income taxpayers.''. | Volunteer Income Tax Assistance Permanence Act of 2017 This bill directs the Internal Revenue Service (IRS) to establish a Community Volunteer Income Tax Assistance Matching Grant Program to provide matching funds for the development, expansion, or continuation of tax preparation programs to assist low-income taxpayers and members of underserved populations. The program must be substantially similar to the Community Volunteer Income Tax Assistance matching grants demonstration program established under the Consolidated Appropriations Act, 2008. Unless otherwise provided by a specific appropriation, the IRS may not allocate more than $30 million per fiscal year (exclusive of costs of administering the program) for the program. | {"src": "billsum_train", "title": "Volunteer Income Tax Assistance Permanence Act of 2017"} | 1,987 | 136 | 0.583218 | 1.472599 | 0.703656 | 4.504202 | 15.294118 | 0.92437 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advanced Information and
Communications Technology Research Act''.
SEC. 2. SPECTRUM-SHARING INNOVATION TESTBED.
(a) Spectrum-Sharing Plan.--Within 1 year after the date of
enactment of this Act, the Federal Communications Commission and the
Assistant Secretary of Commerce for Communications and Information, in
coordination with other Federal agencies, shall--
(1) develop a plan to increase sharing of spectrum between
Federal and non-Federal government users; and
(2) establish a pilot program for implementation of the
plan.
(b) Technical Specifications.--The Commission and the Assistant
Secretary--
(1) shall each identify a segment of spectrum of equal
bandwidth within their respective jurisdiction for the pilot
program that is approximately 10 megaHertz in width for
assignment on a shared basis to Federal and non-Federal
government use; and
(2) may take the spectrum for the pilot program from bands
currently allocated on either an exclusive or shared basis.
(c) Report.--The Commission and the Assistant Secretary shall
transmit a report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on Energy and
Commerce 2 years after the inception of the pilot program describing
the results of the program and suggesting appropriate procedures for
expanding the program as appropriate.
SEC. 3. TELECOMMUNICATIONS INNOVATION ACCELERATION.
(a) Program.--In order to accelerate the pace of innovation with
respect to telecommunications services (as defined in section 3(46) of
the Communications Act of 1934 (47 U.S.C. 153(46)), equipment, and
technology, the Director of the National Institute of Standards and
Technology shall--
(1) establish a program linked to the goals and objectives
of the measurement laboratories, to be known as the
``Telecommunications Standards and Technology Acceleration
Research Program'', to support and promote innovation in the
United States through high-risk, high-reward telecommunications
research; and
(2) set aside, from funds available to the measurement
laboratories, an amount equal to not less than 8 percent of the
funds available to the Institute each fiscal year for such
Program.
(b) External Funding.--The Director shall ensure that at least 80
percent of the funds available for such Program shall be used to award
competitive, merit-reviewed grants, cooperative agreements, or
contracts to public or private entities, including businesses and
universities. In selecting entities to receive such assistance, the
Director shall ensure that the project proposed by an entity has
scientific and technical merit and that any resulting intellectual
property shall vest in a United States entity that can commercialize
the technology in a timely manner. Each external project shall involve
at least one small or medium-sized business and the Director shall give
priority to joint ventures between small or medium-sized businesses and
educational institutions. Any grant shall be for a period not to exceed
3 years.
(c) Competitions.--The Director shall solicit proposals annually to
address areas of national need for high-risk, high-reward
telecommunications research, as identified by the Director.
(d) Annual Report.--Each year the Director shall issue an annual
report describing the program's activities, including include a
description of the metrics upon which grant funding decisions were made
in the previous fiscal year, any proposed changes to those metrics,
metrics for evaluating the success of ongoing and completed grants, and
an evaluation of ongoing and completed grants. The first annual report
shall include best practices for management of programs to stimulate
high-risk, high-reward telecommunications research.
(e) Administrative Expenses.--No more than 5 percent of the finding
available to the program may be used for administrative expenses.
(f) High-Risk, High-Reward Telecommunications Research Defined.--In
this section, the term ``high-risk, high-reward telecommunications
research'' means research that--
(1) has the potential for yielding results with far-ranging
or wide-ranging implications;
(2) addresses critical national needs related to
measurement standards and technology; and
(3) is too novel or spans too diverse a range of
disciplines to fare well in the traditional peer review
process.
SEC. 4. ADVANCED COMMUNICATIONS SERVICES FOR ALL AMERICANS.
The Director of the National Institute of Standards and Technology
shall continue to support research and support standards development in
advanced information and communications technologies focused on
enhancing or facilitating the availability and affordability of
advanced communications services to all Americans, in order to
implement the Institute's responsibilities under section 2(c)(12) of
the National Institute of Standards and Technology Act (15 U.S.C.
272(c)(12)). The Director shall support intramural research and
cooperative research with institutions of higher education (as defined
in section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)) and industry.
SEC. 5. ADVANCED INFORMATION AND COMMUNICATIONS TECHNOLOGY RESEARCH.
(a) Information and Communications Technology Research.--The
Director of the National Science Foundation shall establish a program
of basic research in advanced information and communications
technologies focused on enhancing or facilitating the availability and
affordability of advanced communications services to all Americans. In
developing and carrying out the program, the Director shall consult
with the Board established under subsection (b).
(b) Federal Advanced Information and Communications Technology
Research Board.--There is established within the National Science
Foundation a Federal Advanced Information and Communications Technology
Board which shall advise the Director of the National Science
Foundation in carrying out the program authorized by subsection (a).
The Board Shall be composed of individuals with expertise in
information and communications technologies, including representatives
from the National Telecommunications and Information Administration,
the Federal Communications Commission, the National Institute of
Standards and Technology, the Department of Defense, and
representatives from industry and educational institutions.
(c) Grant Program.--The Director, in consultation with the Board,
shall award grants for basic research into advanced information and
communications technologies that will contribute to enhancing or
facilitating the availability and affordability of advanced
communications services to all Americans. Areas of research to be
supported through these grants include--
(1) affordable broadband access, including wireless
technologies;
(2) network security and reliability;
(3) communications interoperability;
(4) networking protocols and architectures, including
resilience to outages or attacks;
(5) trusted software;
(6) privacy;
(7) nanoelectronics for communications applications;
(8) low-power communications electronics;
(9) such other related areas as the Director, in
consultation with the Board, finds appropriate; and
(10) implementation of equitable access to national
advanced fiber optic research and educational networks,
including access in noncontiguous States.
(d) Centers.--The Director shall award multiyear grants, subject to
the availability of appropriations, to institutions of higher education
(as defined in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)), nonprofit research institutions affiliated with
institutions of higher education, or consortia thereof to establish
multidisciplinary Centers for Communications Research. The purpose of
the Centers shall be to generate innovative approaches to problems in
communications and information technology research, including the
research areas described in subsection (c). Institutions of higher
education, nonprofit research institutions affiliated with institutions
of higher education, or consortia receiving such grants may partner
with 1 or more government laboratories or for-profit entities, or other
institutions of higher education or nonprofit research institutions.
(e) Applications.--The Director, in consultation with the Board,
shall establish criteria for the award of grants under subsections (c)
and (d). Grants shall be awarded under the program on a merit-reviewed
competitive basis. The Director shall give priority to grants that
offer the potential for revolutionary rather than evolutionary
breakthroughs.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the National Science Foundation to carry out this
section--
(1) $40,000,000 for fiscal year 2008;
(2) $45,000,000 for fiscal year 2009;
(3) $50,000,000 for fiscal year 2010;
(4) $55,000,000 for fiscal year 2011; and
(5) $60,000,000 for fiscal year 2012. | Advanced Information and Communications Technology Research Act - Requires the Federal Communications Commission (FCC) and the Assistant Secretary of Commerce for Communications and Information to develop a plan to increase sharing of spectrum between federal and nonfederal government users and establish a implementation pilot program.
Requires the director of the National Institute of Standards and Technology (NIST) to establish the Telecommunications Standards and Technology Acceleration Research Program to support and promote innovation in the United States through high-risk, high-reward telecommunications research.
Requires the director of the National Science Foundation (NSF) to establish a program of basic research in advanced information and communications technologies focused on enhancing or facilitating the availability and affordability of advanced communications services to all Americans. Requires related grants. | {"src": "billsum_train", "title": "A bill to promote innovation and basic research in advanced information and communications technologies that will enhance or facilitate the availability and affordability of advanced communications services to all Americans."} | 1,768 | 169 | 0.564653 | 1.552419 | 0.768061 | 5.733813 | 11.985612 | 0.942446 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Joint Forces Command Act of 1998''.
SEC. 2. UNIFIED COMMAND FOR JOINT FORCES.
(a) In General.--Chapter 6 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 169. Joint forces command
``(a) Establishment.--With the advice and assistance of the
Chairman of the Joint Chiefs of Staff, the President, through the
Secretary of Defense, shall establish under section 161 of this title a
unified combatant command for joint forces (hereinafter in this section
referred to as the `joint forces command'). The principal functions of
the command are--
``(1) to integrate elements of the different armed forces
into joint forces, to prepare those forces to be provided to
the commanders of other combatant commands to carry out
assigned missions, and to provide those forces as required by
those commanders; and
``(2) to design, develop, and carry out a process of joint
experimentation to assist in determining the future
capabilities, organization, and operational concepts of the
joint military force.
``(b) Assignment of Forces.--(1) Unless otherwise directed by the
Secretary of Defense, all active and reserve forces stationed in the
continental United States other than those specified in paragraph (2)
shall be assigned to the joint forces command.
(2) Special operations forces covered by section 167(b) of this
title and forces assigned to a functional combatant command shall not
be assigned to the joint forces command.
``(c) Grade of Commander; Selection.--(1) The commander of the
joint forces command shall hold the grade of general or, in the case of
an officer in the Navy, admiral, while serving in that position,
without vacating his permanent grade. The commander of such command
shall be appointed to that grade by the President, by and with the
advice and consent of the Senate, for service in that position.
``(2) The Secretary of Defense may recommend an officer to the
President for appointment as commander of the joint forces command only
after seeking a recommendation from the Secretary of each military
department for that recommendation. In the case of the Secretary of the
Navy, the Secretary of Defense shall seek a recommendation of both a
Navy officer and a Marine Corps officer.
``(d) Authority and Responsibilities of Combatant Commander.--(1)
In addition to the authority prescribed in section 164(c) of this
title, the commander of the joint forces command shall be responsible
for, and shall have the authority to conduct, all joint force
activities related to the responsibilities specified in paragraphs (2)
and (3) for forces assigned to that command in consultation with the
Chairman of the Joint Chiefs of Staff, and other activities as directed
by the Secretary of Defense.
``(2) In carrying out the function specified in subsection (a)(1),
the commander of the joint forces command shall be responsible for, and
shall have the authority to conduct, the following functions relating
to joint forces:
``(A) Planning, conducting, and assessing the joint
training of assigned forces, including joint task force command
and staff.
``(B) Developing joint doctrine, operational concepts, and
joint tactics, techniques, and procedures.
``(C) Preparing and submitting to the Secretary of Defense
program recommendations and budget proposals for forces
assigned to the joint forces command.
``(D) Conducting `red team' vulnerability assessments
against fielded and developmental systems to determine whether
these systems are effective in countermeasure environments.
``(E) Integrating training facilities and areas of the
separate armed forces to assure consistency in the application
of joint doctrine, tactics, techniques, and procedures.
``(F) Conducting specialized joint courses of instruction
for commissioned and noncommissioned officers.
``(G) Assisting in the development of joint training and
analytical simulation systems.
``(H) Assessing the interoperability of equipment and
forces and making recommendations to the Secretary of Defense
and the Chairman of the Joint Chiefs of Staff for the reduction
of unnecessary redundancy across equipment, forces, and
training and experimentation facilities and programs in the
continental United States.
``(I) Recommending plans to the Secretary of Defense and
the Chairman of the Joint Chiefs of Staff to synchronize the
fielding of advanced technologies across the armed forces to
enable the development and execution of joint operational
concepts.
``(J) Submitting, reviewing, and making recommendations to
the Chairman of the Joint Chiefs of Staff on mission needs
statements and operational requirements documents for major
warfighting platforms, munitions, and enabling capabilities in
the areas of--
``(i) command, control, communications, and
computers;
``(ii) intelligence, surveillance, and
reconnaissance;
``(iii) logistics;
``(iv) force protection; and
``(v) other areas designated by the Secretary of
Defense.
``(K) Ensuring the joint readiness of forces assigned to
the joint forces command, in accordance with guidance from the
Chairman of the Joint Chiefs of Staff.
``(L) Monitoring the joint preparedness of joint forces
deployed from bases in the continental United States and
assigned to the commander of a unified combatant command other
than the joint forces command.
``(M) Integrating the capabilities of forces of the
different armed forces to achieve the joint warfighting
capabilities required by the commanders of the unified
combatant commands.
``(N) Providing trained and ready joint forces in support
of the mission requirements of the commanders of the unified
combatant commands.
``(3) In carrying out the function specified in subsection (a)(2),
the commander of the joint forces command shall be responsible for, and
shall have the authority to conduct, the following functions relating
to joint experimentation:
``(A) Developing a process of joint experimentation
comprised of simulations, wargames, vulnerability assessments,
experiments, and exercises conducted in virtual and actual
field environments.
``(B) Developing equipment required by the joint force in
the conduct of joint experimentation, to include the
identification and use of surrogate or real technologies,
platforms, and systems.
``(C) Establishing joint battle laboratories and
coordinating with battle laboratories of the different armed
forces to investigate advanced technologies, changes in
organizational structures, or new joint operational concepts.
``(D) Establishing or coordinating for the development of
joint training centers, to include urban warfare training
centers.
``(E) Establishing a Joint Concepts Development Center
focused on meeting future operational challenges.
``(F) Developing scenarios and measures of effectiveness
for experimentation activities.
``(G) Assessing the effectiveness of organizational
structures, operational concepts, and technologies, platforms,
and systems employed in joint experimentation activities.
``(H) Acquiring material, supplies, and services required
for the conduct of joint experimentation.
``(I) Exercising authority, direction, and control over the
expenditure of funds for the conduct of joint experimentation
activities of forces assigned to the joint forces command.
``(J) Integrating and testing in joint experiments those
systems and concepts which emerge from service or agency
experimentation activities.
``(K) Developing and recommending to the Chairman of the
Joint Chiefs of Staff requirements for future joint warfighting
capabilities.
``(L) Advising the Secretary of Defense and the Chairman of
the Joint Chiefs of Staff in establishing priorities for joint
requirements and acquisition programs as they relate to joint
warfighting capabilities.
``(e) Joint Experimentation Force.--The commander of the joint
forces command shall establish with assigned forces from each of the
armed forces a joint experimentation force to carry out the commander's
joint experimentation responsibilities.
``(f) Annual Report on Joint Experimentation.--(1) The commander of
the joint forces command shall submit to the Secretary of Defense an
annual report describing the conduct of joint experimentation
activities by the command during the preceding year. Each such report
shall include the number of such activities and, for each such
activity, the following:
``(A) A description of the forces involved.
``(B) The operational challenges addressed.
``(C) The assessed results.
``(2) Each such report shall include the commander's comments on
the effect of each activity on the transformation process, to include
recommendations on the development or procurement of advanced
technologies, systems, or platforms, and recommendations for changes in
force structure, operational concepts, joint doctrine, and resource
allocation.
``(3) The Secretary of Defense shall submit to Congress the annual
report of the commander of the joint forces command under paragraph
(1), together with the comments of the Secretary and the Chairman of
the Joint Chiefs of Staff on the report. The Secretary shall submit the
report each year in conjunction with the submission of the President's
budget for the next fiscal year.
``(g) Budget.--(1) The Secretary of Defense shall establish a
separate major force program category for joint experimentation
activities. This program category shall be administered by the
commander of the joint forces command, who shall have planning,
programming, budgeting, and execution authority.
``(2) In addition to the activities of a combatant command for
which funding may be requested under section 166(b) of this title, the
budget proposal of the joint forces command shall include requests for
funding for the following:
``(A) Research and development of equipment required by the
joint force in the conduct of joint experimentation.
``(B) Procurement of material, supplies, and services
required for the conduct of joint experimentation.
``(C) Operations and maintenance expenditures associated
with the conduct of joint experimentation activities.
``(D) Operation of joint battle laboratories and joint
concept development centers.
``(3) Subject to the authority, direction, and control of the
Secretary of Defense, the commander of the joint forces command, in
carrying out his responsibilities under subsection (d), shall have
authority to exercise the functions of the head of an agency under
chapter 137 of this title.
``(h) Budget Support for Joint Force Activities.--(1) Before the
budget proposal for the joint forces command for any fiscal year is
submitted to the Secretary of Defense, the commander of the joint
forces command shall consult with the Secretaries of the military
departments concerning funding for joint force experimentation. If the
Secretary of a military department does not concur in the recommended
level of funding with respect to such experimentation that is under the
jurisdiction of the Secretary, the commander shall include with the
budget proposal submitted to the Secretary of Defense the views of the
Secretary of the military department concerning such funding.
``(2) Before the budget proposal for a military department for any
fiscal year is submitted to the Secretary of Defense, the Secretary of
that military department shall consult with the commander of the joint
forces command concerning funding for participation in joint
experimentation in the military personnel, operations and maintenance,
procurement, or research and development account in that military
department. If the commander of the joint forces command does not
concur in the recommended level of funding with respect to joint
experimentation activities, the Secretary shall include with the budget
proposal submitted to the Secretary of Defense the views of the
commander of joint forces command.
``(i) Staff for Commander, Joint Forces Command.--(1) The Secretary
of Defense shall provide sufficient staff for the commander of the
joint forces command to carry out his duties and responsibilities,
including particularly his duties relating to the following functions:
``(A) Developing equipment and acquiring material,
supplies, and services required for the process of joint
experimentation.
``(B) Designing, conducting, and assessing joint
experimentation activities.
``(C) Operating joint battle laboratories and concept
development centers.
``(D) Managing assigned resources from the major force
program category for joint experimentation activities of the
Future-Years Defense Plan of the Department as required to be
created pursuant to subsection (g).
``(2) The commander of the joint forces command shall appoint an
acquisition executive with appropriate authority to conduct all
required contracting actions and reviews associated with research and
development and procurement programs.
``(3) The staff of the joint forces command shall include an
inspector general who shall conduct internal audits and inspections of
purchasing and contracting actions through the joint forces command and
such other inspector general functions as may be assigned.
``(j) Regulations.--The Secretary of Defense shall prescribe
regulations for the activities of the joint forces command. Those
regulations shall include authorization for the commander of the
command to provide operational security of joint forces while under
that commander's combatant command authority during joint activities
conducted in the continental United States.
``(k) Continental United States.--In this section, the term
`continental United States' means the 48 contiguous States and the
District of Columbia.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``169. Joint forces command.''.
SEC. 3. IMPLEMENTATION.
(a) Effective Date.--The joint forces command required to be
established by section 169 of title 10, United States Code, as added by
section 2, shall be established not later than October 1, 1999.
(b) Implementation Plan.--The Secretary of Defense shall submit to
Congress an implementation plan for the joint forces command. The plan
shall be submitted in conjunction with submission of the President's
budget for fiscal year 2000.
(c) Initial Budgeting.--The Secretary of Defense shall request
funding for the implementation of joint forces command in the
President's budget for fiscal year 2000. Funding for a major force
program category for joint experimentation shall be included in the
President's budget beginning with fiscal year 2001. | Joint Forces Command Act of 1998 - Directs the President to establish a unified combatant command for joint forces which shall: (1) integrate elements of the various service branches into joint forces, prepare such forces for their assigned mission, and provide such forces as required by combatant commanders; and (2) design, develop, and carry out joint experimentation to assist in determining the future capabilities, organization, and operational concepts of the joint military force.
Provides for: (1) joint forces command assignments; (2) authorities and responsibilities of the combatant commander; (3) the establishment within such command of a joint experimentation force; (4) annual reports from the joint commander to the Secretary of Defense describing joint experimentation activities conducted (requiring such reports to be transmitted to the Congress, along with the Secretary's comments); (5) the establishment by the Secretary of a separate major force program budget category for joint experimentation activities; (6) funding determinations for joint force experimentation; and (7) joint command staffing.
Requires the: (1) joint force command to be established no later than October 1, 1999; and (2) Secretary to submit an implementation plan and initial budgeting request for such command. | {"src": "billsum_train", "title": "Joint Forces Command Act of 1998"} | 2,955 | 245 | 0.639686 | 1.874988 | 0.845143 | 2.908714 | 12.136929 | 0.900415 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Agency for International Development
Efficiency and Effectiveness Act of 1994''.
SEC. 2. REDUCTIONS IN SPENDING FOR DEVELOPMENT ASSISTANCE BY THE AGENCY
FOR INTERNATIONAL DEVELOPMENT.
For fiscal years 1995 through 1999, budget authority and outlays
for development assistance shall be less than the CBO baseline by at
least the following amounts:
(1) Fiscal year 1995.--For fiscal year 1995, budget
authority shall be at least $580,000,000 less and outlays shall
be at least $40,000,000 less.
(2) Fiscal year 1996.--For fiscal year 1996, budget
authority shall be at least $600,000,000 less and outlays shall
be at least $290,000,000 less.
(3) Fiscal year 1997.--For fiscal year 1997, budget
authority shall be at least $610,000,000 less and outlays shall
be at least $430,000,000 less.
(4) Fiscal year 1998.--For fiscal year 1998, budget
authority shall be at least $630,000,000 less and outlays shall
be at least $500,000,000 less.
(5) Fiscal year 1999.--For fiscal year 1999, budget
authority shall be at least $640,000,000 less and outlays shall
be at least $560,000,000 less.
SEC. 3. STEPS TO IMPLEMENT REDUCTIONS.
(a) In General.--To achieve the budget savings provided for in
section 2, the Agency for International Development shall narrow its
focus and fund fewer development assistance projects and activities.
This shall be accomplished--
(1) by funding only projects and activities that have
objectives that are more attainable than the numerous
objectives that are specified in the provisions of law in
effect on the date of enactment of this Act; and
(2) by funding only projects and activities that are in the
countries that are most likely to benefit from such development
assistance.
(b) Reduction in Number of Recipient Countries.--
(1) In general.--The Agency for International Development
shall target development assistance to lower income countries
that have economic policies designed to encourage growth
through free markets and trade, thereby reducing the number of
countries that receive development assistance from that agency
to approximately 60.
(2) Ineligible countries.--The Agency for International
Development may not provide development assistance for--
(A) middle income countries, or
(B) lower income countries where development
assistance has not shown results.
(c) Reduction in Number of Objectives.--
(1) In general.--The Agency for International Development
may provide development assistance only for projects and
activities that focus on alleviating poverty and promoting
economic development.
(2) Termination of housing investment guaranty program.--
Guaranties may not be issued under sections 221 and 222 of the
Foreign Assistance Act of 1961 after September 30, 1994.
(3) Transfer of responsibility for other programs to other
agencies.--(A) The President shall transfer responsibility for
administering all development assistance programs that have an
objective other than alleviating poverty and promoting economic
development from the Agency for International Development to an
agency of the United States Government whose mission is closer
to that objective.
(B) In carrying out subparagraph (B), the President--
(i) shall transfer private sector activities from
the Agency for International Development to the
Overseas Private Investment Corporation; and
(ii) shall transfer responsibility for
environmental protection activities in developing
countries to the Environmental Protection Agency.
(4) Transferred programs.--(A) The head of each agency to
which responsibility for a program is transferred pursuant to
paragraph (3) shall determine, nothwithstanding any other
provision of law--
(i) which such programs shall be continued, and
(ii) what policies and authorities shall be
applicable to any such program that is continued.
(B) Programs which are transferred from the Agency for
International Development to another agency pursuant to
paragraph (3) and continued pursuant to subparagraph (A)(i) of
this paragraph shall be carried out by that agency with funds
appropriated for that agency rather than with development
assistance funds or other funds in budget function 150
(international affairs).
(d) Existing Provisions Superseded.--To the extent necessary to
achieve the budget savings provided for in section 2, this section
supersedes provisions of law enacted prior to the date of enactment of
this Act that would otherwise be applicable to development assistance
provided by the Agency for International Development.
(e) Effective Date.--This section shall be effective as of October
1, 1994.
SEC. 4. DEFINITIONS.
As used in this Act--
(1) the term ``CBO baseline'' means the baseline budget
projections used by the Congressional Budget Office in
preparing its February 1993 reported entitled ``Reducing the
Deficit: Spending and Revenue Options'', which was submitted to
the Committee on the Budget of the House of Representatives and
the Committee on the Budget of the Senate pursuant to section
202(f) of the Congressional Budget and Impoundment Control Act
of 1974; and
(2) the term ``development assistance'' means assistance
under chapter 1 of part I of the Foreign Assistance Act of 1961
(relating to the functional development assistance accounts)
and assistance under chapter 10 of that part (relating to the
Development Fund for Africa).
HR 3775 IH | Agency for International Development Efficiency and Effectiveness Act of 1994 - Reduces budget authority and outlays for development assistance by specified amounts below the Congressional Budget Office baseline in FY 1995 through 1999.
Requires the Agency for International Development (AID) to narrow its focus and fund fewer development assistance projects to achieve such budget savings.
Directs AID to target assistance to lower income countries that have economic policies designed to encourage growth through free markets and trade, thereby reducing the number of countries that receive development assistance to approximately 60.
Bars development assistance for middle income countries or lower income countries where such assistance has not shown results.
Permits AID to provide assistance only for projects that focus on alleviating poverty and promoting economic development.
Terminates the housing investment guaranty program under the Foreign Assistance Act of 1961 after September 30, 1994.
Requires the President to transfer responsibility for administering all development assistance programs that have an objective other than alleviating poverty and promoting economic development from AID to a Government agency whose mission is closer to the objective. Transfers: (1) private sector activities to the Overseas Private Investment Corporation; and (2) environmental protection activities in developing countries to the Environmental Protection Agency. Requires transferred programs to be carried out with funds appropriated for that agency rather than with development assistance or international affairs program funds.
Provides that this Act supersedes existing law applicable to AID development assistance. | {"src": "billsum_train", "title": "Agency for International Development Efficiency and Effectiveness Act of 1994"} | 1,125 | 301 | 0.598719 | 1.894854 | 0.995505 | 4.182836 | 3.910448 | 0.921642 |
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