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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Identity Piracy Act of 1998''.
SEC. 2. IDENTITY THEFT AND DECEPTIVE ASSUMPTION.
(a) Establishment of Offense.--Chapter 47 of title 18, United
States Code, is amended by adding at the end the following:
``Sec. 1036. Identity theft and deceptive assumption
``(a) Prohibition.--Whoever knowingly and with intent to deceive or
defraud--
``(1) obtains or transfers, or attempts to obtain or
transfer, any personal identifier, identification device,
personal information or data, or other document or means of
identification of any other entity or person;
``(2) possesses or uses, or attempts to possess or use, any
personal identifier, identification device, personal
information or data, or other document or means of
identification of any entity or person; or
``(3) assumes or uses, or attempts to assume or use, the
identity of any other entity or person;
shall, if the offense affects interstate or foreign commerce, be
punished as provided in subsection (c) of this section.
``(b) Conspiracy.--Whoever is a party to a conspiracy of 2 or more
persons to commit an offense under subsection (a), if any of the
parties engages in any conduct in furtherance of such offense, shall be
fined an amount not greater than the amount provided as the maximum
fine for such offense under subsection (c) of this section or
imprisoned not longer than one-half the period provided as the maximum
imprisonment for such offense under subsection (c) of this section, or
both.
``(c) Punishment; Restitution.--
``(1) Punishment.--The punishment for an offense under
subsection (a) or (b) is a fine under this title or
imprisonment for not more than 20 years, or both.
``(2) Restitution.--In sentencing any defendant convicted
of an offense under this section, the court may order, in
addition to or in lieu of any other penalty authorized by law,
that the defendant make restitution to any victim of the
offense. Such restitution may include payment for any costs,
including attorney's fees, incurred by any victim in clearing
any credit history or rating relating to the victim, as well as
any civil or administrative proceeding required to clear any
debt, lien, or other obligation arising as a result of the
defendant's activity.
``(d) Investigative Authority.--In addition to any other agency
having such authority, the United States Secret Service may investigate
any offense under this section, except that the exercise of
investigative authority under this paragraph shall be subject to the
terms of an agreement, which shall be entered into by the Secretary of
the Treasury and the Attorney General.
``(e) Definitions.--As used in this section--
``(1) the term `means of identification' means any name or
number that may be used, alone or in conjunction with any other
information, to assume the identity of an individual, including
any--
``(A) personal identification card (as that term is
defined in section 1028); or
``(B) access device, counterfeit access device, or
unauthorized access device (as those terms are defined
in section 1029);
``(2) the term `personal identifier' means--
``(A) a name, social security number, date of
birth, official State or government issued driver's
license or identification number, alien registration
number, government passport number, employer or
taxpayer identification number, or any access device
(as that term is defined in section 1029);
``(B) any unique biometric data, such as a
fingerprint, voice print, retina or iris image, or
other unique physical representation;
``(C) any unique electronic identification number,
address, or routing code; or
``(D) any other means of identification not
lawfully issued to the user;
``(3) the term `identification device' means any physical,
mechanical, or electronic representation of a personal
identifier or any personal information or data; and
``(4) the term `personal information or data' means any
information that, when used in conjunction with a personal
identifier or identification device, would facilitate a
misrepresentation or assumption of the identity of another.''.
(b) Seizure and Forfeiture.--Section 80302(a) of title 49, United
States Code, is amended--
(1) in paragraph (5), by striking `or' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(7) an identification document, false identification
document, or a document-making implement (as those terms are
defined in sections 1028 and 1029 of title 18) involved in a
violation of section 1028 or 1029 of title 18;
``(8) a counterfeit access device, device-making equipment,
or scanning receiver (as those terms are defined in sections
1028 and 1029 of title 18); or
``(9) a means of identification (as that term is defined in
section 1036) involved in a violation of section 1036.''.
(c) Annual Reporting of Identity Theft and Assumption
Information.--Beginning not later than 60 days after the date of the
enactment of this Act, the Secretary of the Treasury shall collect and
maintain information and statistical data relating to--
(1) the number of identity fraud offenses investigated
under section 1036 of title 18, United States Code;
(2) the number of prosecutions and convictions under
section 1036 of title 18, United States Code;
(3) any information provided to the Department of the
Treasury by State and local law enforcement agencies relating
to the investigation of identity fraud offenses; and
(4) any information provided to the Department of the
Treasury by financial institutions relating to identity fraud
or the financial consequences of identity fraud offenses.
(d) Identity Fraud Study.--Within 1 year after the date of the
enactment of this Act, the Secretary of the Treasury, in conjunction
with the Chairperson of the Federal Trade Commission, shall complete a
comprehensive study of the extent, nature, and causes of identity
fraud, and the threats posed to the Nation's financial institutions and
payment systems, and consumer safety and privacy, and submit to
Congress specific legislative recommendations to address these matters.
(e) Clerical Amendment.--The table of sections at the beginning of
chapter 47 of title 18, United States Code, is amended by adding at the
end the following new item:
``1036. Identity theft and deceptive assumption.''. | Identity Piracy Act of 1998 - Amends the Federal criminal code to prohibit identity fraud. Imposes penalties upon anyone who in interstate or foreign commerce, knowingly and with intent to deceive or defraud: (1) obtains or transfers, or possesses or uses, any personal identifier, identification device, personal information or data, or other document or means of identification of any other entity or person; (2) assumes or uses the identity of any other entity or person; or (3) attempts or conspires with another person to commit such offense.
Authorizes the court to order the defendant to make restitution to any victim, which may include payment for costs, including attorney's fees, incurred by any victim in clearing any credit history or rating relating to the victim, as well as costs incurred in any civil or administrative proceeding required to clear any debt, lien, or other obligation arising as a result of the defendant's activity.
Authorizes the United States Secret Service to investigate any such offense, subject to the terms of an agreement to be entered into by the Secretary of the Treasury and the Attorney General.
Includes within the definition of "contraband" (subject to forfeiture) specified equipment pertaining to identity fraud.
Directs the Secretary to: (1) collect and maintain certain information and statistical data relating to identity fraud; and (2) complete a comprehensive study of the extent, nature, and causes of identity fraud and the threats posed to the Nation's financial institutions and payment systems and consumer safety and privacy; and (3) submit to the Congress specific legislative recommendations. | {"src": "billsum_train", "title": "Identity Piracy Act of 1998"} | 1,482 | 334 | 0.675218 | 2.221968 | 0.866419 | 5.508091 | 4.540453 | 0.919094 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Energy Critical
Elements Renewal Act of 2011''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--ENERGY CRITICAL ELEMENTS
Sec. 101. Energy critical elements program.
Sec. 102. Policy Coordination Committee.
Sec. 103. Rare earth materials loan guarantee program.
TITLE II--NATIONAL MATERIALS AND MINERALS POLICY, RESEARCH, AND
DEVELOPMENT
Sec. 201. Amendments to National Materials and Minerals Policy,
Research and Development Act of 1980.
Sec. 202. Repeal.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate Congressional committees'' means the Committee on
Science, Space, and Technology of the House of Representatives
and the Committee on Commerce, Science, and Transportation and
the Committee on Energy and Natural Resources of the Senate.
(2) Center.--The term ``Center'' means the Research and
Development Information Center established in section 101(b).
(3) Department.--The term ``Department'' means the
Department of Energy.
(4) Energy critical element.--The term ``energy critical
element'' means any of a class of chemical elements that are
critical to one or more new, energy-related technologies such
that a shortage of such element would significantly inhibit
large-scale deployment of technologies that produce, transmit,
store, or conserve energy.
(5) Rare earth materials.--The term ``rare earth
materials'' means any of the following chemical elements in any
of their physical forms or chemical combinations:
(A) Scandium.
(B) Yttrium.
(C) Lanthanum.
(D) Cerium.
(E) Praseodymium.
(F) Neodymium.
(G) Promethium.
(H) Samarium.
(I) Europium.
(J) Gadolinium.
(K) Terbium.
(L) Dysprosium.
(M) Holmium.
(N) Erbium.
(O) Thulium.
(P) Ytterbium.
(Q) Lutetium.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
TITLE I--ENERGY CRITICAL ELEMENTS
SEC. 101. ENERGY CRITICAL ELEMENTS PROGRAM.
(a) Establishment of Program.--
(1) In general.--There is established in the Department a
program of research, development, demonstration, and commercial
application to assure the long-term, secure, and sustainable
supply of energy critical elements sufficient to satisfy the
national security, economic well-being, and industrial
production needs of the United States.
(2) Program activities.--The program shall support
activities to--
(A) better characterize and quantify virgin stocks
of energy critical elements using theoretical
geochemical research;
(B) explore, discover, and recover energy critical
elements using advanced science and technology;
(C) improve methods for the extraction, processing,
use, recovery, and recycling of energy critical
elements;
(D) improve the understanding of the performance,
processing, and adaptability in engineering designs of
energy critical elements;
(E) identify and test alternative materials that
can be substituted for energy critical elements in
particular applications; and
(F) engineer and test applications that--
(i) use recycled energy critical elements;
(ii) use alternative materials; or
(iii) seek to minimize energy critical
element content.
(3) Improved processes and technologies.--To the maximum
extent practicable, the Secretary shall support new or
significantly improved processes and technologies as compared
to those currently in use in the energy critical elements
industry.
(4) Expanding participation.--The Secretary shall encourage
multidisciplinary collaborations of participants, extensive
opportunities for students at institutions of higher education,
or both.
(5) Consistency.--The program shall be consistent with the
policies and programs in the National Materials and Minerals
Policy, Research and Development Act of 1980 (30 U.S.C. 1601 et
seq.).
(6) International collaboration.--In carrying out the
program, the Secretary may collaborate, to the extent
practicable, on activities of mutual interest with the relevant
agencies of foreign countries with interests relating to energy
critical elements.
(b) Research and Development Information Center.--
(1) In general.--To collect, catalogue, disseminate, and
archive information on energy critical elements, the Secretary
shall establish, through a competitive process, a Research and
Development Information Center.
(2) Center activities.--
(A) In general.--The Center shall--
(i) serve as the repository for scientific
and technical data generated by the research
and development activities funded under this
section;
(ii) assist scientists and engineers in
making the fullest possible use of the Center's
data holdings;
(iii) seek and incorporate other
information on energy critical elements to
enhance the Center's utility for program
participants and other users;
(iv) provide advice to the Secretary
concerning the research and development program
under subsection (a); and
(v) host conferences, at least annually,
for participants in the energy critical
elements program and other interested parties
to promote information sharing and encourage
new collaborative activities.
(B) Restriction.--Not more than 2.5 percent of the
amounts made available pursuant to this section may be
used for hosting conferences under subparagraph (A)(v).
(c) Plan.--
(1) In general.--Within 180 days after the date of
enactment of this Act and biennially thereafter, the Secretary
shall prepare and submit to the appropriate Congressional
committees a plan to carry out the program established under
subsection (a) and the Center established under subsection (b).
(2) Specific requirements.--The plan shall include a
description of--
(A) the research and development activities to be
carried out by the program during the subsequent 2
years;
(B) the expected contributions of the program and
the Center to the creation of innovative methods and
technologies for the efficient and sustainable
provision of energy critical elements to the domestic
economy;
(C) the technical criteria to be used to evaluate
applications for loan guarantees under section 1706 of
the Energy Policy Act of 2005;
(D) any projects receiving loan guarantee support
under such section and the status of such projects;
(E) how the program is promoting the broadest
possible participation by academic, industrial, and
other contributors; and
(F) actions taken or proposed that reflect
recommendations from the assessment conducted under
subsection (d) or the Secretary's rationale for not
taking action pursuant to any recommendation from such
assessment for plans submitted following the completion
of the assessment under such subsection.
(3) Consultation.--In preparing each plan under paragraph
(1), the Secretary shall consult with appropriate
representatives of industry, institutions of higher education,
Department of Energy national laboratories, professional and
technical societies, and other entities, as determined by the
Secretary.
(d) Assessment.--
(1) In general.--After the program has been in operation
for 4 years, the Secretary shall offer to enter into a contract
with the National Academy of Sciences under which the National
Academy shall conduct an assessment of the program under
subsection (a), including the operations and activities of the
Center under subsection (b).
(2) Inclusions.--The assessment shall include the
recommendation of the National Academy of Sciences that the
program should be--
(A) continued, accompanied by a description of any
improvements needed in the program; or
(B) terminated, accompanied by a description of the
lessons learned from the execution of the program.
(3) Availability.--The assessment shall be made available
to Congress and the public upon completion.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary to carry out this section the following sums:
(A) For fiscal year 2012, $10,000,000.
(B) For fiscal year 2013, $15,000,000.
(C) For fiscal year 2014, $15,000,000.
(D) For fiscal year 2015, $15,000,000.
(E) For fiscal year 2016, $15,000,000.
(2) Assessment.--From the amounts authorized under
paragraph (1), there are authorized to be appropriated to the
Secretary $700,000 to enter into a contract under subsection
(d)(1).
(3) Availability.--Such sums shall remain available until
expended.
SEC. 102. SUPPLY OF ENERGY CRITICAL ELEMENTS.
The President, acting through the Office of Science and Technology
Policy, shall--
(1) coordinate the actions of applicable Federal agencies
to promote an adequate and stable supply of energy critical
elements necessary to maintain national security, economic
well-being, and industrial production with appropriate
attention to a long-term balance between resource production,
energy use, a healthy environment, natural resources
conservation, and social needs;
(2) identify energy critical elements and establish early
warning systems for supply problems of energy critical
elements;
(3) establish a mechanism for the coordination and
evaluation of Federal programs with energy critical element
needs, including programs involving research and development,
in a manner that complements related efforts carried out by the
private sector and other domestic and international agencies
and organizations;
(4) promote and encourage private enterprise in the
development of an economically sound and stable domestic energy
critical elements supply chain;
(5) promote and encourage the recycling of energy critical
elements, taking into account the logistics, economic
viability, environmental sustainability, and research and
development needs for completing the recycling process;
(6) assess the need for and make recommendations concerning
the availability and adequacy of the supply of technically
trained personnel necessary for energy critical elements
research, development, extraction, and industrial production,
with a particular focus on the problem of attracting and
maintaining high quality professionals for maintaining an
adequate supply of energy critical elements; and
(7) report to Congress on activities and findings under
this subsection.
SEC. 103. RARE EARTH MATERIALS LOAN GUARANTEE PROGRAM.
(a) Amendment.--Title XVII of the Energy Policy Act of 2005 (42
U.S.C. 16511 et seq.) is amended by adding at the end the following new
section:
``SEC. 1706. TEMPORARY PROGRAM FOR RARE EARTH MATERIALS REVITALIZATION.
``(a) In General.--As part of the program established in section
101 of the Energy Critical Elements Renewal Act of 2011, the Secretary
is authorized to make guarantees under this title for the commercial
application of new or significantly improved technologies (compared to
technologies currently in use in the United States) for the following
categories of projects:
``(1) The separation and recovery of rare earth materials
from ores or other sources.
``(2) The preparation of rare earth materials in oxide,
metal, alloy, or other forms needed for national security,
economic well-being, or industrial production purposes.
``(3) The application of rare earth materials in the
production of improved--
``(A) magnets;
``(B) batteries;
``(C) refrigeration systems;
``(D) optical systems;
``(E) electronics; and
``(F) catalysis.
``(4) The application of rare earth materials in other
uses, as determined by the Secretary.
``(b) Timeliness.--The Secretary shall seek to minimize delay in
approving loan guarantee applications, consistent with appropriate
protection of taxpayer interests.
``(c) Cooperation.--To the maximum extent practicable, the
Secretary shall cooperate with appropriate private sector participants
to achieve a complete rare earth materials production capability in the
United States within 5 years after the date of enactment of the Energy
Critical Elements Renewal Act of 2011.
``(d) Sunset.--The authority to enter into guarantees under this
section shall expire on September 30, 2019.''.
(b) Table of Contents Amendment.--The table of contents for the
Energy Policy Act of 2005 is amended by inserting after the item
relating to section 1705 the following new item:
``Sec. 1706. Temporary program for rare earth materials
revitalization.''.
TITLE II--NATIONAL MATERIALS AND MINERALS POLICY, RESEARCH, AND
DEVELOPMENT
SEC. 201. AMENDMENTS TO NATIONAL MATERIALS AND MINERALS POLICY,
RESEARCH AND DEVELOPMENT ACT OF 1980.
(a) Program Plan.--Section 5 of the National Materials and Minerals
Policy, Research and Development Act of 1980 (30 U.S.C. 1604) is
amended--
(1) by striking ``date of enactment of this Act'' each
place it appears and inserting ``date of enactment of the
Energy Critical Elements Renewal Act of 2011'';
(2) in subsection (b), by striking ``Federal Coordinating
Council for Science, Engineering, and Technology'' and
inserting ``National Science and Technology Council,'';
(3) in subsection (c)--
(A) by striking ``the Federal Emergency'' and all
that follows through ``Agency, and'';
(B) by striking ``appropriate shall'' and inserting
``appropriate, shall'';
(C) by striking paragraph (1);
(D) in paragraph (2), by striking ``in the case''
and all that follows through ``subsection,''
(E) by redesignating paragraph (2) as paragraph
(1);
(F) by redesignating paragraph (3) as paragraph
(2); and
(G) by amending paragraph (2), as redesignated, to
read as follows:
``(2) assess the adequacy and stability of the supply of
materials necessary to maintain national security, economic
well-being, and industrial production.'';
(4) by striking subsections (d) and (e); and
(5) by redesignating subsection (f) as subsection (d).
(b) Policy.--Section 3 of such Act (30 U.S.C. 1602) is amended--
(1) by striking ``The Congress declares that it'' and
inserting ``It''; and
(2) by striking ``The Congress further declares that
implementation'' and inserting ``Implementation''.
(c) Implementation.--Section 4 of such Act (30 U.S.C. 1603) is
amended--
(1) by striking ``For the purpose'' and all that follows
through ``declares that the'' and inserting ``The''; and
(2) by striking ``departments and agencies,'' and inserting
``departments and agencies to implement the policies set forth
in section 3''.
SEC. 202. REPEAL.
Title II of Public Law 98-373 (30 U.S.C. 1801; 98 Stat. 1248), also
known as the National Critical Materials Act of 1984, is repealed. | Energy Critical Elements Renewal Act of 2011 - Establishes in the Department of Energy (DOE) a research, development, and commercial application program to assure the long-term, secure, and sustainable supply of energy critical elements to satisfy the national security, economic well-being, and industrial production needs of the United States.
Directs the Secretary of Energy to: (1) support new or significantly improved processes and technologies (as compared to those currently in use in the energy critical elements industry; (2) encourage multidisciplinary collaborations and opportunities for students at institutions of higher education; (3) collaborate with the relevant agencies of foreign countries with interests relating to energy critical elements; (4) establish a Research and Development Information Center to catalogue, disseminate, and archive information on energy critical elements; and (5) submit an implementation plan to Congress.
Directs the President, acting through the Office of Science and Technology Policy, to coordinate the actions of federal agencies to: (1) promote an adequate and stable supply of energy critical elements, (2) identify energy critical elements and establish early warning systems for supply problems, (3) establish a mechanism for the coordination and evaluation of federal programs with energy critical element needs, and (4) encourage private enterprise in the development of an economically sound and stable domestic energy critical elements supply chain.
Amends the Energy Policy Act of 2005 to authorize the Secretary to make loan guarantee commitments for the commercial application of new or significantly improved technologies for specified rare earth materials projects.
Amends the National Materials and Minerals Policy, Research and Development Act of 1980 to: (1) instruct the Director of the Office of Science and Technology Policy to coordinate federal materials research and development through the National Science and Technology Council (instead of, as currently required, the Federal Coordinating Council for Science, Engineering, and Technology, which is now defunct), (2) modify the duties of the Secretary of Commerce regarding critical needs assessment, and (3) repeal specified duties of the Secretaries of Defense and of the Interior.
Repeals the National Critical Materials Act of 1984. | {"src": "billsum_train", "title": "To develop an energy critical elements program, to amend the National Materials and Minerals Policy, Research and Development Act of 1980, and for other purposes."} | 3,311 | 418 | 0.553806 | 1.734719 | 0.702426 | 4.897561 | 7.5 | 0.941463 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nurse Loan Forgiveness Act of
2006''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) According to 2005 statistics from the American Hospital
Association, 118,000 nurses are needed to fill vacancies at our
nation's hospitals, and more than 75 percent of all hospital
personnel vacancies are for nurses.
(2) According to a study by the Department of Health and
Human Services in 2002, the United States will experience a 29
percent shortage in the number of nurses needed in the United
States health care system by the year 2020, which translates
into a shortage of more than 400,000 registered nurses
nationwide.
(3) Research indicates that there is a great need for
health care services, especially hospitals and prescription
drugs, but there continues to be a 28 percent decrease in
national licensure examination for all entry-level registered
nurses.
(4) The Department of Labor projects a 29 percent increase
in the need for nurses nationwide from 2004 to 2014, compared
with a 13 percent increase for all other occupations.
(5) The General Accounting Office estimates that 40 percent
of all registered nurses will be older than age 50 by the year
2010.
(6) Of those registered nurses in 2004, an estimated 16
percent have chosen to not practice in the field.
SEC. 3. LOAN FORGIVENESS PROGRAM ESTABLISHED.
Part B of title IV of the Higher Education Act of 1965 is amended
by inserting after section 428K (20 U.S.C. 1078-11) the following new
section:
``SEC. 428L. LOAN FORGIVENESS FOR NURSES.
``(a) Purposes.--The purposes of this section are--
``(1) to encourage individuals to enter and continue in the
nursing profession; and
``(2) to reward such individuals for their service in the
nursing profession by reducing the burden of student debt.
``(b) Loan Forgiveness.--
``(1) Loan forgiveness authorized.--The Secretary is
authorized to forgive, in accordance with this section, the
student loan debt of an eligible borrower in the amount
specified in subsection (d) for each of the first 5 complete
years of service described in subsection (c)(1) by such
eligible borrower that occur after the date of enactment of
this section.
``(2) Method of loan forgiveness.--To provide the loan
forgiveness authorized in paragraph (1), the Secretary is
authorized to carry out a program--
``(A) through the holder of the loan, to assume the
obligation to repay a qualified loan amount for a loan
made under this part; and
``(B) to cancel a qualified loan amount for a loan
made under part D of this title.
``(3) Limitation on consolidation loans.--A loan amount for
a loan made under section 428C may be a qualified loan amount
for the purposes of this section only to the extent that such
loan amount was used to repay a Federal Direct Stafford Loan, a
Federal Direct Unsubsidized Stafford Loan, or a loan made under
section 428 or 428H for an eligible borrower, as determined in
accordance with regulations prescribed by the Secretary.
``(c) Eligible Borrower.--The Secretary is authorized to provide
loan forgiveness under this section to any individual who--
``(1) has been employed for at least one calendar year as a
full-time registered nurse in a health care facility or a
health care setting approved by the Secretary of Health and
Human Services for the purposes of this section; and
``(2) is not in default on a loan for which the borrower
seeks forgiveness.
``(d) Loan Forgiveness Amounts.--The Secretary may, from funds
appropriated under subsection (j), forgive the loan obligation of an
eligible borrower in accordance with subsection (b)(2) and in the
following increments:
``(1) After the first calendar year of employment described
in subsection (c)(1), not more than $2,000.
``(2) After the second such year of employment, not more
than $2,500.
``(3) After the third such year of employment, not more
than $3,000.
``(4) After the fourth such year of employment, not more
than $4,500.
``(5) After the fifth such year of employment, not more
than $5,000.
``(e) Application for Loan Forgiveness.--An eligible borrower
desiring loan forgiveness under this section shall submit a complete
and accurate application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require.
``(f) Priority.--The Secretary shall grant loan forgiveness under
this section on a first-come, first-served basis, and subject to the
availability of appropriations.
``(g) Regulations.--The Secretary is authorized to prescribe such
regulations as may be necessary to carry out the provisions of this
section.
``(h) Construction.--Nothing in this section shall be construed to
authorize the refunding of any repayment of any loan.
``(i) Prevention of Double Benefits.--No borrower may, for the same
service, receive a benefit under both this section and subtitle D of
title I of the National and Community Service Act of 1990 (42 U.S.C.
12571 et seq.).
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2007 and each of the 5 succeeding fiscal years.''. | Nurse Loan Forgiveness Act of 2006 - Amends the Higher Education Act of 1965 (HEA) to include, under HEA student loan forgiveness and cancellation programs, nurses who serve at least one calendar year in an approved health care facility or setting.
Limits the maximum amount of such loan repayment by the Secretary of Education to not more than $2,000 after the first year of such a nurse's employment, with incremental increases after the second through fourth years, up to $5,000 after the fifth year of such employment. | {"src": "billsum_train", "title": "To amend the Higher Education Act of 1965 to establish a student loan forgiveness program for nurses."} | 1,219 | 109 | 0.521483 | 1.28701 | 0.476464 | 2.282828 | 11.565657 | 0.868687 |
SECTION. 1. PUGET SOUND ECOSYSTEM RESTORATION.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary of the Army (in this section referred to as
the ``Secretary'') shall conduct studies and carry out ecosystem
restoration and other protective measures within Puget Sound,
Washington, and adjacent waters and associated estuary and near-shore
habitat, including--
(1) the 17 watersheds that drain directly into Puget Sound;
(2) Admiralty Inlet;
(3) Hood Canal;
(4) Rosario Strait; and
(5) the eastern portion of the Strait of Juan de Fuca.
(b) Implementation.--
(1) In general.--The Secretary shall use funds made
available to carry out this section to carry out ecosystem
restoration and other protective measures (including
environmental improvements related to facilities of the Corps
of Engineers in existence on the date of enactment of this Act)
determined by the Secretary to be feasible based on--
(A) the studies conducted under subsection (a); or
(B) analyses conducted before such date of
enactment by non-Federal interests.
(2) Criteria and procedures for review and approval.--In
consultation with the Secretary of Commerce and the Governor of
the State of Washington, the Secretary shall develop criteria
and procedures consistent with the National Marine Fisheries
Service and State fish restoration goals and objectives for
reviewing and approving analyses described in paragraph (1)(B)
and the protective measures proposed in those analyses. The
Secretary shall use prior studies and plans to identify project
needs and priorities wherever practicable.
(3) Prioritization of projects.--In prioritizing projects
for implementation under this subsection, the Secretary shall
consult with public and private entities active in watershed
planning and ecosystem restoration in Puget Sound watersheds,
including the Salmon Recovery Funding Board, the Northwest
Straits Commission, Hood Canal Coordinating Council, county
watershed planning councils, and salmon enhancement groups, and
give full consideration to their priorities for projects.
(c) Public Participation.--In developing and implementing
protective measures under subsections (a) and (b), the Secretary shall
provide for public review and comment in accordance with applicable
Federal law, including--
(1) providing advance notice of public meetings;
(2) providing adequate opportunity for public input and
comment;
(3) maintaining appropriate records; and
(4) compiling a record of the proceedings of meetings.
(d) Compliance With Applicable Law.--In developing and implementing
protective measures under subsections (a) and (b), the Secretary shall
comply with applicable Federal law, including the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(e) Cost Sharing.--
(1) In general.--Studies and technical assistance provided
to determine the feasibility of protective measures under
subsections (a) and (b) shall--
(A) be considered to be project costs; and
(B) be shared by non-Federal interests during
project implementation in accordance with this
subsection.
(2) Non-federal share.--Subject to paragraph (4), the non-
Federal share of the cost of the protective measures shall be
35 percent; except that if a project would otherwise be
eligible for cost-sharing under section 1135 of the Water
Resources Development Act of 1986 (33 U.S.C. 2294 note), the
non-Federal share of the cost of the protective measures for
the project shall be 25 percent.
(3) In-kind contributions.--Not more than 80 percent of the
non-Federal share may be provided in the form of services,
materials, supplies, or other in-kind contributions necessary
to carry out the protective measures.
(4) Federal share.--The Federal share of the cost of any
single protective measure shall not exceed $5,000,000.
(5) Operation and maintenance.--The operation and
maintenance of the protective measures shall be a non-Federal
responsibility.
(6) Tribal cost-sharing.--The Secretary shall waive the
first $200,000 in non-Federal cost share for all studies and
projects cosponsored by federally recognized Indian tribes.
(f) Authorization of Appropriations.--There is authorized to be
appropriated not to exceed $125,000,000 to pay the Federal share of the
cost of carrying out this section. | Directs the Secretary: (1) in prioritizing projects for implementation, to consult with public and private entities active in watershed planning and ecosystem restoration in Puget Sound watersheds; and (2) in developing and implementing protective measures, to provide for public review and comment.
Sets the non-Federal share of the cost for the protective measures at 35 percent (with an exception) with a $5 million limit for any single measure. Limits to 80 percent the non-Federal share that may be provided in the form of in-kind-contributions. Requires the operation and maintenance of the protective measures to be a non-Federal responsibility. Requires the Secretary to waive the first $200,000 in non-Federal cost share for all studies and projects cosponsored by federally recognized Indian tribes.
Authorizes appropriations. | {"src": "billsum_train", "title": "To require the Secretary of the Army to conduct studies and to carry out ecosystem restoration and other protective measures within Puget Sound, Washington, and adjacent waters, and for other purposes."} | 937 | 188 | 0.563341 | 1.612866 | 0.970057 | 4.541935 | 5.567742 | 0.916129 |
SECTION 1. QUARTERLY REPORTS TO CONGRESS ON CONFERENCES SPONSORED BY
THE DEPARTMENT.
(a) In General.--Subchapter I of chapter 5 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 517. Quarterly reports to Congress on conferences sponsored by
the Department
``(a) Quarterly Reports Required.--Not later than 30 days after the
end of each fiscal quarter, the Secretary shall submit to the Committee
on Veterans' Affairs of the House of Representatives and the Committee
on Veterans' Affairs of the Senate a report on covered conferences.
``(b) Matters Included.--Each report under subsection (a) shall
include the following:
``(1) An accounting of the final costs to the Department of
each covered conference occurring during the fiscal quarter
preceding the date on which the report is submitted, including
the costs related to--
``(A) transportation and parking;
``(B) per diem payments;
``(C) lodging;
``(D) rental of halls, auditoriums, or other
spaces;
``(E) rental of equipment;
``(F) refreshments;
``(G) entertainment;
``(H) contractors; and
``(I) brochures or other printed media.
``(2) The total estimated costs to the Department for
covered conferences occurring during the fiscal quarter in
which the report is submitted.
``(c) Covered Conference Defined.--In this section, the term
`covered conference' means a conference, meeting, or other similar
forum that is sponsored or co-sponsored by the Department of Veterans
Affairs and is--
``(1) attended by 50 or more individuals, including one or
more employees of the Department; or
``(2) estimated to cost the Department at least $20,000.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding after the item relating to section
516 the following:
``517. Quarterly reports to Congress on conferences sponsored by the
Department.''.
SEC. 2. SUBMISSION OF CERTAIN INFORMATION BY THE SECRETARY OF VETERANS
AFFAIRS.
(a) In General.--Subchapter II of chapter 5 of title 38, United
States Code, is amended by inserting after section 529 the following
new section:
``Sec. 529A. Submission of certain information by the Secretary to
Congress
``(a) In General.--The submission of information by the Secretary
to the Committee on Veterans' Affairs of the House of Representatives
or the Committee on Veterans' Affairs of the Senate in response to a
request for such information made by a covered member of the committee
shall be deemed to be--
``(1) a covered disclosure under section 552a(b)(9) of
title 5; and
``(2) a permitted disclosure under regulations promulgated
under section 264(c) of the Health Insurance Portability and
Accountability Act of 1996 (Public Law 104-191), including a
permitted disclosure for oversight activities authorized by law
as described in section 164.512(d) of title 45, Code of Federal
Regulations.
``(b) Submission to Chairman.--With respect to a request for
information described in subsection (a) made by a covered member of the
committee who is not the chairman, the Secretary shall also submit such
information to the chairman of the Committee on Veterans' Affairs of
the House of Representatives or the Committee on Veterans' Affairs of
the Senate, as the case may be.
``(c) Covered Member of the Committee.--In this section, the term
`covered member of the committee' means the following:
``(1) The chairman or ranking member of the Committee on
Veterans' Affairs of the House of Representatives or the
Committee on Veterans' Affairs of the Senate.
``(2) A chairman or ranking member of a subcommittee of the
Committee on Veterans' Affairs of the House of Representatives
or the Committee on Veterans' Affairs of the Senate.
``(3) The designee of a chairman or ranking member
described in paragraph (1) or (2).''.
(b) Conforming Amendment.--The table of sections at the beginning
of such chapter is amended by inserting after the item relating to
section 529 the following new item:
``529A. Submission of certain information by the Secretary to
Congress.''.
SEC. 3. PUBLICATION OF DATA ON EMPLOYMENT OF CERTAIN VETERANS BY
FEDERAL CONTRACTORS.
Section 4212(d) of title 38, United States Code, is amended by
adding at the end the following new paragraph:
``(3) The Secretary of Labor shall establish and maintain an
Internet website on which the Secretary shall publicly disclose the
information reported to the Secretary of Labor by contractors under
paragraph (1).''.
Passed the House of Representatives October 11, 2011.
Attest:
KAREN L. HAAS,
Clerk. | Requires the Secretary of Veterans Affairs (VA) to submit quarterly to the congressional veterans committees an accounting of the costs of each conference, meeting, or other similar forum sponsored or co-sponsored by the VA that is: (1) attended by at least 50 individuals, including at least 1 VA employee; and (3) estimated to cost the VA at least $20,000.
Deems the submission of information by the Secretary to the veterans committees in response to a request by the chairman or ranking member of such committee or one of its subcommittees as: (1) a covered federal disclosure to a House of Congress; and (2) a permitted disclosure under regulations promulgated under the Health Insurance Portability and Accountability Act of 1996, including a permitted disclosure for oversight activities authorized by law.
Directs the Secretary of Labor to establish and maintain a website for the public disclosure of information concerning the employment by federal contractors of: (1) disabled veterans, (2) veterans who served on active duty during a war or in a campaign for which a campaign badge has been authorized, (3) veterans who participated in a military operation for which a service medal was awarded, and (4) recently separated veterans. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to notify Congress of conferences sponsored by the Department of Veterans Affairs, and for other purposes."} | 1,110 | 250 | 0.547581 | 1.51699 | 0.737931 | 2.90678 | 4.326271 | 0.855932 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness and Incarceration
Responsibility (FAIR) Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) violent criminals often serve only a portion of the
terms of imprisonment to which they are sentenced;
(2) a significant proportion of the most serious crimes of
violence committed in the United States are committed by
criminals who have been released early from a term of
imprisonment to which they were sentenced for a prior
conviction for a crime of violence;
(3) violent criminals who are released before the
expiration of the term of imprisonment to which they were
sentenced often travel to other States to commit subsequent
crimes of violence;
(4) crimes of violence and the threat of crimes of violence
committed by violent criminals who are released from prison
before the expiration of the term of imprisonment to which they
were sentenced affect tourism, economic development, use of the
interstate highway system, federally owned or supported
facilities, and other commercial activities of individuals; and
(5) the policies of one State regarding the early release
of criminals sentenced in that State for a crime of violence
often affect the citizens of other States, who can influence
those policies only through Federal law.
(b) Purpose.--The purpose of this Act is to require States to bear
the responsibility for the consequences of releasing violent criminals
from custody before the expiration of the full term of imprisonment to
which they are sentenced.
SEC. 3. ELIGIBILITY FOR VIOLENT OFFENDER INCARCERATION GRANTS.
Section 20103(a) of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 13703(a)) is amended--
(1) by striking ``the State has implemented'' and inserting
the following: ``the State--
``(1) has implemented'';
(2) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following:
``(2) has enacted and implemented a State law providing
that a victim (or in the case of a homicide, the family of the
victim) of a crime of violence (as defined in section 16 of
title 18, United States Code) shall have a Federal cause of
action in any district court of the United States against the
State for the recovery of actual (not punitive) damages (direct
and indirect) resulting from the crime of violence, if the
individual convicted of committing the crime of violence--
``(A) had previously been convicted by the State of
a crime of violence committed on a different occasion
than the crime of violence at issue;
``(B) was released before serving the full term of
imprisonment to which the individual was sentenced for
that offense; and
``(C) committed the subsequent crime of violence at
issue before the original term of imprisonment
described in subparagraph (B) would have expired.''.
SEC. 4. ELIGIBILITY FOR TRUTH-IN-SENTENCING INCENTIVE GRANTS.
Section 20104 of the Violent Crime Control and Law Enforcement Act
of 1994 (42 U.S.C. 13704) is amended--
(1) by striking ``85 percent'' each place that term appears
and inserting ``100 percent''; and
(2) by adding at the end the following:
``(c) Waiver of Sovereign Immunity.--Notwithstanding subsection
(a), in addition to the requirements of that subsection, to be eligible
to receive a grant award under this section, each application submitted
under subsection (a) shall demonstrate that the State has enacted and
implemented, a State law providing that a victim (or in the case of a
homicide, the family of the victim) of a crime of violence (as defined
in section 16 of title 18, United States Code) shall have a Federal
cause of action in any district court of the United States against the
State for the recovery of actual (not punitive) damages (direct and
indirect) resulting from the crime of violence, if the individual
convicted of committing the crime of violence--
``(1) had previously been convicted by the State of a crime
of violence committed on a different occasion than the crime of
violence at issue;
``(2) was released before serving the full term of
imprisonment to which the individual was sentenced for that
offense; and
``(3) committed the subsequent crime of violence at issue
before the original term of imprisonment described in paragraph
(2) would have expired.''.
SEC. 5. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect 3
years after the date of enactment of this Act. | Fairness and Incarceration Responsibility (FAIR) Act - Amends the Violent Crime Control and Law Enforcement Act of 1994 to require a State, to be eligible for a violent offender incarceration grant, to have enacted and implemented a State law (victim damages law) providing that a victim (or in the case of a homicide, the family of the victim) of a crime of violence have a Federal cause of action in any U.S. district court against the State for the recovery of actual (but not punitive) damages resulting from the crime of violence, if the individual convicted of committing such crime: (1) had previously been convicted by the State of a crime of violence; (2) was released before serving the full sentence for that offense; and (3) committed the subsequent crime of violence at issue before the original term of imprisonment would have expired.
(Sec. 4) Amends such Act to provide a State, to be eligible for a truth-in-sentencing incentive grant, to demonstrate that the State has: (1) implemented truth-in-sentencing laws that require or result in persons convicted of a part 1 violent crime serving 100 percent of the sentence imposed (currently, 85 percent); and (2) enacted and implemented a victim damages law. | {"src": "billsum_train", "title": "Fairness and Incarceration Responsibility (FAIR) Act"} | 1,050 | 291 | 0.683569 | 2.116209 | 0.79791 | 5.388 | 3.9 | 0.932 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jobs Through Environmental
Safeguarding and Streamlining Act of 2011''.
SEC. 2. ADVANCED ACQUISITION OF REAL PROPERTY.
Section 108 of title 23, United States Code, is amended--
(1) in subsection (c)(2)(G) by striking ``both the
Secretary and the Administrator of the Environmental Protection
Agency have concurred'' and inserting ``the Secretary has
determined''; and
(2) by adding at the end the following:
``(d) Consideration of Long-Range Transportation Needs.--The
Secretary is authorized to encourage States and other public
authorities, where practicable, to acquire transportation rights-of-way
that are sufficient to accommodate long-range transportation needs,
where possible through the acquisition of broad rights-of-way that have
the capacity for future expansion over a 50- to 100-year period and
that have the potential to accommodate one or more transportation
modes.''.
SEC. 3. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT DECISIONMAKING.
(a) Programmatic Compliance.--Section 139(b) of title 23, United
States Code, is amended--
(1) in paragraph (2) by inserting ``, and any requirements
established under this section may be satisfied,'' after
``exercised''; and
(2) by adding at the end the following:
``(3) Programmatic approaches.--The Secretary may modify
the procedures developed under this section to encourage
programmatic approaches and strategies with respect to
environmental programs and permits.''.
(b) Designation of DOT Modal Administration To Serve as Lead
Agency.--Section 139(c)(1) of such title is amended by inserting ``,
acting through a single modal administration of the Department
designated by the Secretary,'' after ``Department of Transportation''.
(c) Project Initiation.--Section 139(e) of such title is amended by
adding at the end the following: ``The project sponsor may satisfy this
requirement by submitting to the Secretary a draft notice for
publication in the Federal Register announcing the preparation of an
environmental impact statement for the project that contains the
information required under this subsection.''.
(d) Coordination Plan.--Section 139(g)(1)(A) of such title is
amended by striking ``project or category of projects'' and inserting
``project, category of projects, or program of projects''.
(e) Guidelines.--Section 139 of such title is amended by adding at
the end the following:
``(m) Guidelines.--
``(1) Issuance.--The Secretary shall issue guidelines to
assist States and local governmental entities in assuming an
increased role under this section in--
``(A) preparing environmental documents for
projects under the National Environmental Policy Act of
1969; and
``(B) participating in agency consultation.
``(2) List of state reports.--The guidelines issued under
paragraph (1) shall contain a list of State reports that may be
adopted or used by the Secretary (or the Secretary's designee)
in satisfying requirements for projects under the National
Environmental Policy Act of 1969.
``(3) Sovereign immunity.--The guidelines issued under
paragraph (1) shall specify the maximum extent to which a State
or local government can participate in the environmental review
process for a project without being subject to the jurisdiction
of Federal courts with respect to such participation.''.
(f) Reciprocity Agreements.--
(1) Study.--The Secretary shall conduct a study on the
feasibility of entering into reciprocity agreements with States
to maximize State participation in the environmental review
process for projects (as defined in section 139 of such title)
and the potential benefits of such agreements in expediting
project delivery.
(2) Report.--The Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works and the Committee on Banking, Housing, and Urban Affairs
of the Senate a report on the results of the study.
SEC. 4. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM.
(a) Assumption of Responsibility.--
(1) Additional responsibility.--Section 327(a)(2)(B)(ii)(I)
of title 23, United States Code, is amended to read as follows:
``(I) responsibility for any
conformity determination (other than a
conformity determination for an
individual project) required under
section 176 of the Clean Air Act (42
U.S.C. 7506); or''.
(2) Highway projects involving more than one dot modal
administration.--Section 327(a)(2) of such title is amended by
adding at the end the following:
``(F) Highway projects involving more than one dot
modal administration.--
``(i) Treatment of projects.--For purposes
of subparagraph (A), a project shall be treated
as a `highway project' if the Secretary
determines that the Federal Highway
Administration is the lead agency for the
project.
``(ii) Assignment of authorities.--In the
case of a highway project that involves the
Federal Highway Administration and another
modal administration of the Department of
Transportation, the authorities of the
Secretary that may be assigned to a State under
this subsection shall include the authorities
of the Secretary that relate to the Federal
Highway Administration and the other modal
administration.''.
(b) State Participation.--
(1) Number of participating states.--Section 327(b)(1) of
such title is amended to read as follows:
``(1) Selection of participating states.--
``(A) In general.--The Secretary may permit any
State that meets the selection criteria contained in
paragraph (4) to participate in the program.
``(B) Special rules.--Any State participating in
the program on September 30, 2009--
``(i) shall be permitted by the Secretary
to continue to participate in the program; and
``(ii) shall not be required to submit an
application under paragraph (2) in order to
participate in the program.''.
(2) Written agreement.--Section 327(c) of such title is
amended to read as follows:
``(c) Written Agreement.--
``(1) In general.--A written agreement under this section
shall--
``(A) be executed by the Governor or the top-
ranking transportation official in the State who is
charged with responsibility for highway construction;
``(B) be in such form as the Secretary may
prescribe;
``(C) provide that the State--
``(i) agrees to assume all or part of the
responsibilities of the Secretary described in
subsection (a);
``(ii) agrees to carry out those
responsibilities using the best available
science;
``(iii) expressly consents, on behalf of
the State, to accept the jurisdiction of the
Federal courts for the compliance, discharge,
and enforcement of any responsibility of the
Secretary assumed by the State;
``(iv) certifies that State laws (including
regulations) are in effect that--
``(I) authorize the State to take
the actions necessary to carry out the
responsibilities being assumed; and
``(II) are comparable to section
552 of title 5, including providing
that any decision regarding the public
availability of a document under those
State laws is reviewable by a court of
competent jurisdiction; and
``(D) agrees to maintain the financial resources
necessary to carry out the responsibilities being
assumed.
``(2) Excluded projects.--A written agreement with a State
under this section may include a list of projects in the State
that are excluded from the program. The list shall be updated
annually by mutual agreement between the Secretary and the
State.
``(3) Term.--A written agreement with a State under this
section shall--
``(A) have a term of not more than 5 years; and
``(B) be renewable.
``(4) Use of project delivery methods.--A written agreement
with a State under this section may not impose on the State a
limitation on the use of a project delivery method if the
limitation would not otherwise apply to the State under this
title or another provision of law. In this paragraph, the term
`project delivery method' includes the authority of a State to
acquire rights-of-way and conduct final design work for a
project with State funds on an at-risk basis prior to
completion of the environmental review process for the
project.''.
(3) Audits and monitoring.--Section 327(g) of such title is
amended--
(A) in the subsection heading by inserting ``and
Monitoring'' after ``Audits'';
(B) by redesignating paragraph (2) as paragraph
(3);
(C) by inserting after paragraph (1) the following:
``(2) Monitoring.--If a State has been participating in the
program pursuant to a written agreement under subsection (c)
for a period of 10 consecutive years, the Secretary may monitor
compliance by the State with the agreement instead of
conducting audits under paragraph (1). If a State, while
participating in the monitoring program under this section,
repeatedly fails to comply with all aspects of the written
agreement under subsection (c), the Secretary shall commence
the auditing process. The Secretary shall develop procedures
for conducting monitoring under this paragraph.''; and
(D) in paragraph (3) (as redesignated by
subparagraph (B) of this paragraph) by inserting after
``paragraph (1)'' the following: ``, and the results of
monitoring conducted under paragraph (2),''.
(c) Report to Congress.--Section 327(h) of such title is amended to
read as follows:
``(h) Report to Congress.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Jobs Through Environmental Safeguarding and
Streamlining Act of 2011, and every 4 years thereafter, the
Secretary shall make available to the public and submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works and the Committee on Banking, Housing, and Urban Affairs
of the Senate a report on the results of the program.
``(2) Contents.--For each reporting period, the report
shall contain, at a minimum, the following:
``(A) An assessment of whether delays were reduced
and project delivery was enhanced as a result of the
program.
``(B) An assessment of whether there were cost
savings for States participating in the program and the
Department of Transportation as a result of the
program.
``(C) An assessment of whether environmental
concerns were protected and considered in States
participating in the program at a level consistent with
nonparticipating States.
``(D) Recommendations for changes (if any) that
could be made to enhance or improve the program.
``(E) An assessment of the impact and effectiveness
of an environmental document quality control program of
the transportation department of any State
participating in the program.''.
(d) Elimination of Termination Date.--
(1) In general.--Section 327(i)(1) of such title is
repealed.
(2) Conforming amendments.--Chapter 3 of such title is
amended--
(A) in section 327--
(i) in the section heading by striking
``pilot''; and
(ii) in subsection (a) by striking
``pilot''; and
(B) in the chapter analysis by striking the item
relating to section 327 and inserting the following:
``327. Surface transportation project delivery program.''. | Jobs Through Environmental Safeguarding and Streamlining Act of 2011 - Revises requirements for the mandatory joint determination by the Administrator of the Environmental Protection Agency (EPA) and the Secretary of Transportation (DOT), with respect to the eligibility for state reimbursement of the federal share of state costs for the advance acquisition of highway rights-of-way for a project eligible for surface transportation program funds, that such advanced acquisition did not influence the environmental assessment of the project, the decision to construct the project, or the selection of the project design or location. Removes the EPA Administrator from this joint determination, leaving the Secretary alone to make it.
Authorizes the Secretary to encourage states and other public authorities, where practicable, to acquire broad transportation rights-of-way that have a capacity for future expansion over a 50- to 100- year period to accommodate the state's long-range transportation needs as well as one or more transportation modes.
Allows the Secretary to modify project development procedures for any approved highway project, public transportation capital project, or multimodal project for which an environmental impact statement is prepared to encourage programmatic approaches and strategies with respect to environmental programs and permits.
Directs the Secretary to issue guidelines to assist state and local governmental entities in assuming an increased role in preparing environmental documents as well as participating in the environmental review process for a project.
Modifies the prohibition, under the surface transportation project delivery pilot program, against assignment to a state of the responsibility of the Secretary for any conformity determination under the Clean Air Act with regard to highway projects in the state. Allows the Secretary to assign a state that responsibility for an individual project.
Treats any project as a highway project if the Federal Highway Administration (FHWA) is the lead agency for it. Allows the Secretary to assign a state authorities relating to the FHWA and another DOT modal administration with regard to any highway project involving such agencies.
Eliminates the limitation to Alaska, California, Ohio, Oklahoma, and Texas of state participation in the program. Allows program participation by any state meeting the selection criteria. Prescribes special rules to permit a state participating in the program on September 30, 2009, to continue in the program and not be required to submit an application.
Revises requirements for the written agreement under the pilot program between the Secretary and a state governor to include agreement to carry out the Secretary's assigned responsibilities using the best available science. Limits such an agreement to a five-year renewable term. Allows the agreement to list projects excluded from the program.
Prohibits the agreement from imposing on the state a limitation on the use of a project delivery method, if the limitation would not otherwise apply to the state. Treats as a project delivery method state authority to acquire rights-of-way and conduct final design work for a project with state funds on an at-risk basis before completion of the project's environmental review process.
Authorizes the Secretary to monitor state compliance with an agreement, instead of conducting an audit, if the state has been participating in the program pursuant to the agreement for 10 consecutive years. Requires the Secretary to commence the auditing process, however, if a state, while participating in the monitoring program, repeatedly fails to comply with all aspects of the agreement.
Repeals the termination date for the surface transportation project delivery pilot program, thus making it permanent. | {"src": "billsum_train", "title": "To amend title 23, United States Code, to reauthorize and modify the surface transportation project delivery pilot program, and for other purposes."} | 2,574 | 719 | 0.6087 | 1.911518 | 0.747804 | 2.969183 | 3.671803 | 0.88906 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``College Campus Alcohol Abuse
Prevention and Education Act''.
SEC. 2. HIGHER EDUCATION AND DRUG AND ALCOHOL ABUSE PREVENTION.
(a) Specific Programs.--Section 1213 of the Higher Education Act of
1965 (20 U.S.C. 1145g) is amended--
(1) in subsection (a), by striking ``and'' at the end of
paragraph (1)(D), by redesignating paragraph (1)(E) as
paragraph (1)(I), and by inserting after paragraph (1)(D) the
following:
``(E) a prohibition on the distribution of any
promotional material that encourages the consumption of
alcoholic beverages on campus;
``(F) a prohibition of the distribution of free
alcoholic beverages for promotional purposes on the
campus;
``(G) a prohibition on sponsorship or public
support of any on-campus athletic, musical, cultural,
or social program, event, or competition by any
alcoholic beverage company or by any group of such
companies;
``(H) limiting alcoholic beverage advertisements in
the institution of higher education's newspapers and
other publications to price and product identification;
and'';
(2) in subsection (a), by inserting after and below
paragraph (2)(B) the following: ``Identification, referral, or
treatment of students and employees shall not jeopardize the
matriculation status of the students or the employment of the
employees.''; and
(3) in subsection (c)(2), by striking ``(a)(1)(E)'' and
inserting ``(a)(1)(I)''.
(b) Student and Employee Involvement.--Section 1213(b) of the
Higher Education Act of 1965 (20 U.S.C. 1145g(b) is amended by adding
at the end the following: ``Such items shall be developed and adopted
with student and employee participation.''.
(c) Waiver of Sanctions.--Section 1213(c) of the Higher Education
Act of 1965 (20 U.S.C. 1145g(c) is amended by adding at the end the
following:
``(3) Upon application by an institution of higher education, the
Secretary shall grant a waiver of sanctions authorized by subsection
(a)(1)(I) to any institution of higher education which demonstrates
that it is in the process of developing and implementing a plan
required by subsection (a) for up to one year from the date of the
enactment of this paragraph.''.
SEC. 3. GRANTS AND CONTRACTS.
(a) Grant and Contract Authority.--Section 1213 of the Higher
Education Act of 1965 (2) U.S.C. 1145g) is amended by adding at the end
the following:
``(e)(1) The Secretary may make grants to institutions of higher
education or consortia of such institutions and contracts with such
institutions and other organizations to develop, implement, operate,
improve, and disseminate programs of prevention, and education
(including treatment-referral) to reduce and eliminate the illegal use
of drugs and alcohol and their associated violence. Such contracts may
also be used for the support of a higher education center for alcohol
and drug abuse prevention which will provide training, technical
assistance, evaluation, dissemination and associated services and
assistance to the higher education community as defined by the
Secretary and the institutions of higher education.
``(2) Grants and contracts shall be made available under paragraph
(1) on a competitive basis. An institution of higher education, a
consortium of such institutions, or other organizations which desire to
receive a grant or contract under paragraph (1) shall submit an
application to the Secretary at such time, in such manner, and
containing or accompanied by such information as the Secretary may
reasonably require by regulation.
``(3) The Secretary shall make every effort to ensure--
``(A) the equitable participation of private and public
institutions of higher education (including community and
junior colleges), and
``(B) the equitable geographic participation of such
institutions,
in grants and contracts under paragraph (1). In the award of such
grants and contracts, the Secretary shall give appropriate
consideration to institutions of higher education with limited
enrollment.''.
(b) Repeal.--Section 4122 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7132) is repealed.
SEC. 4. NATIONAL RECOGNITION AWARDS.
(a) Awards.--For the purpose of providing models of alcohol and
drug abuse prevention and education (including treatment-referral)
programs in higher education and to focus national attention on
exemplary alcohol and drug abuse prevention efforts, the Secretary of
Education shall, on an annual basis, make 10 National Recognition
Awards to institutions of higher education that have developed and
implemented effective alcohol and drug abuse prevention and education
programs. Such awards shall be made at a ceremony in Washington, D.C.
and a document describing the programs of those who receive the awards
shall be distributed nationally.
(b) Application.--
(1) In general.--A national recognition award shall be made
under subsection (a) to institutions of higher education which
have applied for such award. Such an application shall
contain--
(A) a clear description of the goals and objectives
of the alcohol and drug abuse programs of the
institution applying,
(B) a description of program activities that focus
on alcohol and other drug policy issues, policy
development, modification, or refinement, policy
dissemination and implementation, and policy
enforcement;
(C) a description of activities that encourage
student and employee participation and involvement in
both activity development and implementation;
(D) the objective criteria used to determine the
effectiveness of the methods used in such programs and
the means used to evaluate and improve the program
efforts,
(E) a description of special initiatives used to
reduce high-risk behavior or increase low risk
behavior, or both, and
(F) a description of coordination and networking
efforts that exist in the community in which the
institution is located for purposes of such programs.
(2) Eligibility criteria.--All institutions of higher
education which are two- and four-year colleges and
universities that have established a drug and alcohol
prevention and education program are eligible to apply for a
National Recognition Award. To receive such an Award an
institution of higher education must be nominated to receive
it. An institution of higher education may nominate itself or
be nominated by others such as professional associations or
student organizations.
(3) Application review.--The Secretary of Education shall
appoint a committee to review applications submitted under
paragraph (1). The committee may include representatives of
Federal departments or agencies whose programs include alcohol
and drug abuse prevention and education efforts, directors or
heads (or their representatives) of professional associations
that focus on prevention efforts, and non-Federal scientists
who have backgrounds in social science evaluation and research
methodology and in education. Decisions of the committee shall
be made directly to the Secretary without review by any other
entity in the Department of Education.
(4) Review criteria.--Specific review criteria shall be
developed by the Secretary in conjunction with the appropriate
experts. In reviewing applications under paragraph (3) the
committee shall consider--
(A) measures of effectiveness of the program of the
applicant that should include changes in the campus
alcohol and other drug environment or climate and
changes in alcohol and other drug use before and after
the initiation of the program; and
(B) measures of program institutionalization,
including an assessment of needs of the institution,
the institution's alcohol and drug policies, staff and
faculty development activities, drug prevention
criteria, student, faculty, and campus community
involvement, and a continuation of the program after
the cessation of external funding.
(c) Authorization.--For the implementation of the awards program
under this section, there are authorized to be appropriated $25,000 for
fiscal year 1996, $66,000 for each of the fiscal years 1997 and 1998,
and $72,000 for each of the fiscal years 1999, 2000, 2001, and 2002. | College Campus Alcohol Abuse Prevention and Education Act - Amends the Higher Education Act of 1965 (HEA) to revise drug and alcohol abuse prevention program certification requirements (which must be met in order for a higher education institution (institution) to receive any Federal financial assistance) to require such programs to limit alcoholic beverage advertisements in the institution's newspapers and other publications to price and product identification. Prohibits: (1) distribution of any promotional material that encourages the consumption of alcoholic beverages on campus; (2) distribution of free alcoholic beverages for promotional purposes on campus; and (3) sponsorship or public support of any on-campus athletic, musical, cultural, or social program, event, or competition by any alcoholic beverage company or by any group of such companies.
Requires that identification, referral, or treatment of students and employees under such programs not jeopardize their matriculation status or employment.
Requires specified items under such programs to be developed and adopted with student and employee participation.
Directs the Secretary of Education to waive certain sanctions relating to such programs for up to one year in the case of any institution in the process of developing and implementing a required plan.
Authorizes the Secretary to make grants to institutions or consortia of them, and contracts with such institutions and other organizations, for programs of prevention, and education (including treatment-referral) to reduce and eliminate the illegal use of drugs and alcohol and associated violence. Allows such contracts also to be used for a higher education center for alcohol and drug abuse prevention which will provide training, technical assistance, evaluation, dissemination, and associated services and assistance to the higher education community and institutions of higher education.
Make a conforming repeal to the Elementary and Secondary Education Act of 1965.
Directs the Secretary to make ten National Recognition Awards annually to institutions that have developed and implemented effective alcohol and drug abuse prevention and education programs. Authorizes appropriations. | {"src": "billsum_train", "title": "College Campus Alcohol Abuse Prevention and Education Act"} | 1,720 | 409 | 0.622796 | 1.877804 | 0.861343 | 4.443548 | 4.408602 | 0.916667 |
SECTION 1. FINDINGS.
The Congress finds the following:
(1) The United States has enjoyed a renaissance in energy
production, establishing the United States as the world's
leading oil producer.
(2) By authorizing crude oil exports, the Congress can spur
domestic energy production, create and preserve jobs, help
maintain and strengthen our independent shipping fleet that is
essential to national defense, and generate State and Federal
revenues.
(3) An energy-secure United States that is a net exporter
of energy has the potential to transform the security
environment around the world, notably in Europe and the Middle
East.
(4) For our European allies and Israel, the presence of
more United States oil in the market will offer more secure
supply options, which will strengthen United States strategic
alliances and help curtail the use of energy as a political
weapon.
(5) The 60-ship Maritime Security Fleet is a vital element
of our military's strategic sealift and global response
capability. It assures United States-flag ships and United
States crews will be available to support the United States
military when it needs to mobilize to protect our allies, and
is the most prudent and economical solution to meet current and
projected sealift requirements for the United States.
(6) The Maritime Security Fleet program provides a labor
base of skilled American mariners who are available to crew the
United States Government-owned strategic sealift fleet, as well
as the United States commercial fleet, in both peace and war.
(7) The United States has reduced its oil consumption over
the past decade, and increasing investment in clean energy
technology and energy efficiency will lower energy prices,
reduce greenhouse gas emissions, and increase national
security.
SEC. 2. REPEAL.
Section 103 of the Energy Policy and Conservation Act (42 U.S.C.
6212) and the item relating thereto in the table of contents of that
Act are repealed.
SEC. 3. NATIONAL POLICY ON OIL EXPORT RESTRICTION.
Notwithstanding any other provision of law, to promote the
efficient exploration, production, storage, supply, marketing, pricing,
and regulation of energy resources, including fossil fuels, no official
of the Federal Government shall impose or enforce any restriction on
the export of crude oil.
SEC. 4. STUDY AND RECOMMENDATIONS.
(a) Strategic Petroleum Reserve.--Not later than 120 days after the
date of enactment of this Act, the Secretary of Energy shall conduct a
study and transmit to the Committee on Energy and Commerce of the House
of Representatives and the Committee on Energy and Natural Resources of
the Senate recommendations on the appropriate size, composition, and
purpose of the Strategic Petroleum Reserve.
(b) Greenhouse Gas Emissions.--Not later than 120 days after the
date of enactment of this Act, the Secretary of Energy shall conduct,
and transmit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate the results of, a study on the net greenhouse gas emissions
that will result from the repeal of the crude oil export ban under
section 2.
(c) Strategic Petroleum Reserve Study.--Not later than 120 days
after the date of enactment of this Act, the Secretary of Energy shall
conduct a study and transmit to the Committee on Energy and Commerce of
the House of Representatives and the Committee on Energy and Natural
Resources of the Senate recommendations on the appropriate size,
composition, and purpose of the Strategic Petroleum Reserve.
(d) Crude Oil Export Study.--
(1) In general.--The Department of Commerce, in
consultation with the Department of Energy, and other
departments as appropriate, shall conduct a study of the State
and national implications of lifting the crude oil export ban
with respect to consumers and the economy.
(2) Contents.--The study conducted under paragraph (1)
shall include an analysis of--
(A) the economic impact that exporting crude oil
will have on the economy of the United States;
(B) the economic impact that exporting crude oil
will have on consumers, taking into account impacts on
energy prices;
(C) the economic impact that exporting crude oil
will have on domestic manufacturing, taking into
account impacts on employment; and
(D) the economic impact that exporting crude oil
will have on the refining sector, taking into account
impacts on employment.
(3) Report to congress.--Not later than 1 year after the
date of enactment of this Act, the Bureau of Industry and
Security shall submit to Congress a report containing the
results of the study conducted under paragraph (1).
SEC. 5. SAVINGS CLAUSE.
Nothing in this Act limits the authority of the President under the
Constitution, the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 1601 et
seq.), part B of title II of the Energy Policy and Conservation Act (42
U.S.C. 6271 et seq.), the Trading With the Enemy Act (50 U.S.C. App. 1
et seq.), or any other provision of law that imposes sanctions on a
foreign person or foreign government (including any provision of law
that prohibits or restricts United States persons from engaging in a
transaction with a sanctioned person or government), including a
foreign government that is designated as a state sponsor of terrorism,
to prohibit exports.
SEC. 6. NATIONAL DEFENSE SEALIFT ENHANCEMENT.
(a) Payments.--Section 53106(a)(1) of title 46, United States Code,
is amended--
(1) in subparagraph (B), by striking the comma before ``for
each'';
(2) in subparagraph (C), by striking ``2016, 2017, and
2018;'' and inserting ``and 2016'';
(3) by redesignating subparagraph (E) as subparagraph (G);
and
(4) by striking subparagraph (D) and inserting the
following:
``(D) $4,999,950 for fiscal year 2017;
``(E) $5,000,000 for each of fiscal years 2018,
2019, and 2020;
``(F) $5,233,463 for fiscal year 2021; and''.
(b) Authorization of Appropriations.--Section 53111 of title 46,
United States Code, is amended--
(1) in paragraph (3), by striking ``2016, 2017, and 2018;''
and inserting ``and 2016'';
(2) by redesignating paragraph (5) as paragraph (7); and
(3) by striking paragraph (4) and inserting the following:
``(4) $299,997,000 for fiscal year 2017;
``(5) $300,000,000 for each of fiscal years 2018, 2019, and
2020;
``(6) $314,007,780 for fiscal year 2021; and''.
SEC. 7. PARTNERSHIPS WITH MINORITY SERVING INSTITUTIONS.
(a) In General.--The Department of Energy shall continue to develop
and broaden partnerships with minority serving institutions, including
Hispanic Serving Institutions (HSI) and Historically Black Colleges and
Universities (HBCUs) in the areas of oil and gas exploration,
production, midstream, and refining.
(b) Public-Private Partnerships.--The Department of Energy shall
encourage public-private partnerships between the energy sector and
minority serving institutions, including Hispanic Serving Institutions
and Historically Black Colleges and Universities.
SEC. 8. REPORT.
Not later than 10 years after the date of enactment of this Act,
the Secretary of Energy and the Secretary of Commerce shall jointly
transmit to Congress a report that reviews the impact of lifting the
oil export ban under this Act as it relates to promoting United States
energy and national security.
SEC. 9. REPORT TO CONGRESS.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Energy and the Secretary of Commerce shall jointly
transmit to Congress a report analyzing how lifting the ban on crude
oil exports will help create opportunities for veterans and women in
the United States, while promoting energy and national security.
SEC. 10. PROHIBITION ON EXPORTS OF CRUDE OIL, REFINED PETROLEUM
PRODUCTS, AND PETROCHEMICAL PRODUCTS TO THE ISLAMIC
REPUBLIC OF IRAN.
Nothing in this Act shall be construed to authorize the export of
crude oil, refined petroleum products, and petrochemical products by or
through any entity or person, wherever located, subject to the
jurisdiction of the United States to any entity or person located in,
subject to the jurisdiction of, or sponsored by the Islamic Republic of
Iran.
Passed the House of Representatives October 9, 2015.
Attest:
KAREN L. HAAS,
Clerk. | (Sec. 3) Amends the Energy Policy and Conservation Act to repeal authority to restrict the export of: (1) coal, petroleum products, natural gas, or petrochemical feedstocks; and (2) supplies of materials or equipment necessary to maintain or further exploration, production, refining, or transportation of energy supplies, or for the construction or maintenance of energy facilities within the United States. Prohibits any federal official from imposing or enforcing any restriction on the export of crude oil. (Sec. 4) Directs the Department of Energy (DOE) to study: (1) the appropriate size, composition, and purpose of the Strategic Petroleum Reserve; and (2) the net greenhouse gas emissions that will result from the repeal of the crude oil export ban. Directs the Department of Commerce to study the state and national implications of lifting the crude oil export ban with respect to consumers and the economy, including energy prices and employment. (Sec. 5) Declares that this Act does not limit the authority of the President to prohibit exports under either the Constitution, the International Emergency Economic Powers Act, the National Emergencies Act, the Energy Policy and Conservation Act, Trading with the Enemy Act, or any other law that imposes sanctions on a foreign person or foreign government (or prohibits or restricts U.S. persons from engaging in a transaction with a sanctioned person or government), including a foreign government designated as a state sponsor of terrorism. (Sec. 6) Increases for FY2017-FY2021 both the authorization of appropriations and payments to contractors for each vessel in the Maritime Security Fleet covered by an operating agreement. (Sec. 7) Directs DOE to: (1) continue to develop and broaden partnerships with minority serving institutions, including Hispanic Serving Institutions and Historically Black Colleges and Universities in the areas of oil and gas exploration, production, midstream, and refining; and (2) encourage public-private partnerships between the energy sector and those institutions. (Sec. 8) Requires both DOE and the Commerce to report jointly to Congress regarding: the impact of lifting the oil export ban under this Act as it relates to promoting U.S. energy and national security; and how lifting the ban will help create opportunities for veterans and women in the United States, while promoting energy and national security. (Sec. 10) Declares that nothing in this Act shall be construed as authorizing the export of crude oil, refined petroleum products, and petrochemical products by any entity or person subject to U.S. jurisdiction to any entity or person located in, subject to the jurisdiction of, or sponsored by the Islamic Republic of Iran. | {"src": "billsum_train", "title": "To adapt to changing crude oil market conditions."} | 1,915 | 585 | 0.600046 | 2.034145 | 0.533282 | 4.837945 | 3.488142 | 0.901186 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Old Man of the Mountain
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress hereby finds as follows:
(1) Formed by God and glaciers, five different ledges atop
a granite cliff created the Old Man of the Mountain whose
flinty visage has long represented the Granite State's
independence and proud traditions.
(2) For some 10,000 years, the Old Man of the Mountain,
from his lofty perch, did steadfastly defy the forces of
gravity and nature that bring all things down.
(3) The Old Man of the Mountain's rugged profile delighted
all who saw it, as it serves as a symbol of New Hampshire's
stony and unyielding independence and represents New
Hampshire's love of liberty and is deeply revered by all
Granite Staters.
(4) The rocky ledges that formed the Old Man of the
Mountain gave way and tumbled down the slopes of Cannon
Mountain under a veil of fog and cloud sometime in the first
few hours of May 3, 2003, forever changing the landscape that
has long served as a New Hampshire state symbol.
(5) The importance of the ``Great Stone Face'' as a symbol
of New Hampshire was eloquently noted by Statesman Daniel
Webster.
(6) A commemorative coin would immortalize the watchful
gaze of the Old Man, bringing both national and international
attention to the lasting legacy of the Old Man of the Mountain
as well as helping to ease the loss felt by all New Hampshire
residents.
(7) The proceeds from a surcharge on the sale of each
commemorative coin will assist the financing of a suitable
memorial to the oldest and proudest member of the New Hampshire
family, the Old Man of the Mountain.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coins:
(1) $5 gold coins.--Not more than 50,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 350,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the Old Man of the Mountain, the
granite symbol of New Hampshire's fierce independence.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2008''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', ``E Pluribus
Unum'', and ``Live Free or Die''.
(3) Numismatic design considerations.--At least 1 of the
following numismatic design features shall be used on the coins
minted under this Act:
(A) Reverse proofing of the coin.
(B) Raised lettering on the edge of the coin.
(C) Such other unique numismatic design feature as
the Secretary may determine to be appropriate.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts and the Old Man of the Mountain
Revitalization Fund, Inc.; and
(2) reviewed by the Citizens Coin Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning January 1, 2008.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 31, 2008.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins minted under this Act shall
include a surcharge as follows:
(1) $35 per coin for the $5 coin.
(2) $10 per coin for the $1 coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be promptly paid by the Secretary to
the Old Man of the Mountain Revitalization Fund, Inc., to be used for
the objects and purposes of such Fund.
(c) Audits.--The Old Man of the Mountain Revitalization Fund, Inc.,
shall be subject to the audit requirements of section 5134(f)(2) of
title 31, United States Code, with regard to the amounts received by
the Fund under subsection (b). | Old Man of the Mountain Commemorative Coin Act - Instructs the Secretary of the Treasury to mint and issue $5 gold coins and $1 silver coins emblematic of the Old Man of the Mountain, the granite symbol of New Hampshire's fierce independence.
States that no coins may be minted under this Act after December 31, 2008.
Requires all surcharges received from such coin sales to be paid by the Secretary to the Old Man of the Mountain Revitalization Fund, Inc., to be used for the objects and purposes of such Fund. | {"src": "billsum_train", "title": "To require the Secretary of the Treasury to mint coins in commemoration of the legacy of the Old Man of the Mountain, the symbol of New Hampshire that passed on to its granite roots in the dawn of May, 2003."} | 1,474 | 115 | 0.529803 | 1.716568 | 0.626463 | 6.786408 | 12.747573 | 0.961165 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``IRS Illegal Immigrant Information
Act of 2007''.
SEC. 2. PROCEDURE FOR DETERMINING WHETHER INDIVIDUALS WHO ARE NOT
AUTHORIZED TO BE EMPLOYED IN THE UNITED STATES ARE SO
EMPLOYED.
(a) In General.--Subsection (i) of section 6103 of the Internal
Revenue Code of 1986 (relating to confidentiality and disclosure of
returns and return information) is amended by adding at the end the
following new paragraph:
``(9) Disclosure of employment information to secretary of
homeland security.--
``(A) In general.--During December of each calendar
year, the Secretary of Homeland Security shall submit
electronically a request to the Secretary for the
information described in subparagraph (B)(ii) with
respect to each individual who had been authorized to
be employed in the United States during any prior
calendar year but who was not so authorized as of
December 31 of the immediately preceding calendar year.
Such request shall specify--
``(i) the name and TIN of the individual,
and
``(ii) the taxable period or periods for
which the information is requested.
``(B) Disclosure of employment information.--
``(i) In general.--Not later than the first
March 5 following the receipt by the Secretary
of such request, the Secretary shall
electronically disclose return information
described in clause (ii) to officers and
employees of the Department of Homeland
Security who are personally and directly
engaged in the enforcement of the Immigration
and Nationality Act.
``(ii) Information to be disclosed.--The
information described in this clause with
respect to any individual is--
``(I) such individual's mailing
address,
``(II) the total amount of wages
(as defined in section 3121(a)) paid to
such individual during the period or
periods specified in subparagraph
(A)(ii), and
``(III) the name, address, and
employer identification number of each
employer paying such wages during such
period or periods.
``(C) Refunds, etc. withheld.--No refund of any tax
imposed by this title shall be made, and no credit
under section 32 (relating to earned income credit)
shall be allowed, to any individual for any taxable
year during any portion of which such individual is
employed in the United States without being authorized
to be so employed.
``(D) Notice to employer and employee.--If the
Secretary of Homeland Security receives information
under this paragraph indicating that an individual was
employed in the United States after the expiration of
the individual's authority to be so employed, such
Secretary shall (within 7 business days after receiving
such information) notify in writing such individual and
each person or entity who was an employer of such
individual after such expiration that such individual
is not authorized to be employed in the United States
and that the individual's employment with the employer
should be terminated not later than the 30th day after
the date of the notice. Such notice shall also
describe--
``(i) the employer's obligations under this
paragraph,
``(ii) the employee's right under this
paragraph to contest the determination that the
employee is not authorized to be employed in
the United States, and
``(iii) the procedure under this paragraph
for contesting such determination.
``(E) Employee's right to contest.--
``(i) Notice to employee.--If any employer
receives such a notice from the Secretary of
Homeland Security with respect to an employee,
the employer shall, within 3 business days
after the date the employer received such
notice, provide a copy of such notice to the
employee.
``(ii) Right to contest.--An employee may
contest the accuracy of such notice during the
30-day period beginning on the date that the
employer provided the notice under clause (i)
to the employee.
``(iii) Contest procedure.--If, during such
30-day period, the employee provides the
employer with information substantiating such
employee's claimed authorization to be employed
in the United States, the employer shall, in
such form and manner as the Secretary of
Homeland Security shall prescribe, provide to
such Secretary--
``(I) the employee's name, address,
and taxpayer identification number,
``(II) the employer's name,
address, telephone number, and employer
identification number, and
``(III) the information provided by
the employee to the employer
substantiating such employee's
authorization to be employed in the
United States.
``(F) Verification from department of homeland
security.--Within 7 business days after receiving such
information, the Secretary of Homeland Security shall
electronically notify the Secretary, and shall notify
the employer and employee in writing, as to whether the
employee is authorized to be employed in the United
States.
``(G) Suspension of obligation to terminate
employment until response received.--
``(i) In general.--Except as provided in
clause (ii), if the employee meets the
requirement of subparagraph (E)(iii), the
employer's obligation to terminate the
employment of such employee shall be suspended
until the employer receives the notice
described in subparagraph (F).
``(ii) Timely response not received.--If
the employer does not receive such notice
before the 30th day after the close such 30-day
period, the employer shall so notify the
Secretary of Homeland Security.
``(H) Rebuttable presumption of violation of the
immigration and nationality act.--
``(i) In general.--A rebuttable presumption
is created that the employer has violated
section 274A(a)(1)(A) of the Immigration and
Nationality Act if--
``(I) the employer employs an
individual with respect to whom a
notice is received under subparagraph
(D) after the 30 days described in such
subparagraph,
``(II) the employer fails to notify
the Secretary as required by
subparagraph (G)(ii) and employs such
individual, or
``(III) the employer refers the
individual for employment after
receiving a notice under subparagraph
(D) with respect to such individual.
``(ii) Exceptions.--
``(I) Suspension period.--Clause
(i)(I) shall not apply during the
suspension period described in
subparagraph (G)(i)
``(II) Notice from secretary of
homeland security.--Clause (i) shall
cease to apply with respect to an
individual after the date that the
employer is notified by the Secretary
of Homeland Security that such
individual is authorized to be employed
in the United States.
``(I) Special rules.--
``(i) Protection from liability.--No
employer shall be civilly or criminally liable
under any law for any action taken in good
faith reliance on information provided by the
Secretary or the Secretary of Homeland Security
with respect to any individual's eligibility to
be employed in the United States.
``(ii) Timely mailing treated as timely
notice.--Rules similar to the rules of section
7502 shall apply for purposes of this section.
``(iii) Last known address of employee.--
Any notice required to be provided to an
employee under this section shall be sufficient
if mailed to the employee at the last known
address of the employee.
``(iv) Employment-based visas.--For
purposes of this section, the determination of
whether an individual is authorized to be
employed in the United States includes whether
the individual has an immigrant visa issued
pursuant to the numerical limitation under
section 203(b) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)) (relating to
employment-based visas).''.
(b) Conforming Amendment.--Paragraph (4) of section 6103(p) of such
Code is amended by striking ``(5) or (7)'' each place it appears and
inserting ``(5), (7), or (9)''.
(c) Effective Date.--The amendments made by this section shall
apply to requests made in calendar years beginning after the date of
the enactment of this Act. | IRS Illegal Immigrant Information Act of 2007 - Amends the Internal Revenue Code to require: (1) the Secretary of Homeland Security to request from the Secretary of the Treasury information (including mailing address, amount of wages earned, and identity of employer) about alien workers who are no longer authorized to work in the United States; (2) the Secretary of the Treasury to provide the requested information to the Department of Homeland Security; and (3) the Secretary of Homeland Security to notify the alien worker and and the worker's employer that such employment is illegal and must be terminated within 30 days of such notice. Allows any worker who receives a notice to contest such notice and to provide documentation substantiating such worker's authorization to be employed in the United States. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to establish a procedure for determining whether individuals who are not authorized to be employed in the United States are so employed."} | 1,824 | 157 | 0.535306 | 1.364249 | 0.606567 | 1.972789 | 11.435374 | 0.857143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Loan Payment Optimization
Act''.
SEC. 2. APPLICATION OF PREPAYMENT AND UNDERPAYMENT AMOUNTS FOR FFEL AND
DIRECT LOANS.
(a) In General.--Section 455(d) of the Higher Education Act of 1965
(20 U.S.C. 1087e(d)) is amended by adding at the end the following new
paragraph:
``(6) Application of prepayment and underpayment amounts.--
``(A) Prepayment amounts.--Notwithstanding any
other provision of this subsection or any other
provision of law, with respect to loans made to an
eligible borrower under this part or part B which are
held by the same holder and which have different
applicable rates of interest, the holder of such loans
shall apply the borrower's prepayment amount (within
the meaning of section 682.209(b) of title 34, Code of
Federal Regulations, or a successor regulation) for one
or more of such loans--
``(i) first toward any outstanding balance
of fees, including collection costs and
authorized late charges, due on such loans; and
``(ii) then, except as otherwise requested
by the borrower in writing, toward the
outstanding balance of principal due on the
loan with the highest applicable rate of
interest among such loans.
``(B) Underpayment amounts.--Notwithstanding any
other provision of this subsection or any other
provision of law, with respect to loans made to an
eligible borrower under this part or part B which are
held by the same holder and which have different
applicable rates of interest, the holder of such loans
shall apply any payment made by the borrower which is
less than the amount due at the time of the payment for
one or more of such loans--
``(i) first toward any outstanding balance
of fees, including collection costs and
authorized late charges, due on such loans; and
``(ii) then, except as otherwise requested
by the borrower in writing, toward the balance
of the loan with the smallest balance of
principal and interest among such loans.
``(C) Special rule for borrowers under income-based
repayment plan.--In the case of a loan for which the
borrower has elected to participate in an income-based
repayment plan under section 493C, subparagraphs (A)
and (B) shall not apply unless there is no interest due
on the loan.''.
(b) Requirements for Contracts With Servicers of Loans.--Section
456(a)(2) of such Act (20 U.S.C. 1087f(a)(2)) is amended by striking
the period at the end of the first sentence and inserting the
following: ``, including the requirements with respect to the
application of prepayment and underpayment amounts under section
455(d)(6).''.
SEC. 3. APPLICATION OF PREPAYMENT AND UNDERPAYMENT AMOUNTS FOR PERKINS
LOANS.
(a) In General.--Section 464(c)(1)(C) of the Higher Education Act
of 1965 (20 U.S.C. 1087dd(c)(1)(C)) is amended--
(1) by striking ``and'' at the end of clause (i); and
(2) by adding at the end the following:
``(iii) shall provide that the institution shall, in the
case of a borrower who provides the institution with a
prepayment amount (within the meaning of section 682.209(b) of
title 34, Code of Federal Regulations, or a successor
regulation) for one or more of the loans held by the
institution, apply such prepayment amount--
``(I) first toward any outstanding balance of fees,
including collection costs and authorized late charges,
due on such loans; and
``(II) then, except as otherwise requested by the
borrower in writing, toward the outstanding balance of
principal due on the loan with the highest applicable
rate of interest among such loans; and
``(iv) shall provide that the institution shall apply any
payment made by the borrower which is less than the amount due
for a repayment period for one or more of the loans held by the
institution--
``(I) first toward any outstanding balance of fees,
including collection costs and authorized late charges,
due on such loans; and
``(II) then, except as otherwise requested by the
borrower in writing, toward the balance of the loan
with the smallest balance of principal and interest
among such loans;''.
(b) Agreements With Institutions.--Section 463(a) of such Act (20
U.S.C. 1087cc(a)) is amended--
(1) by striking ``and'' at the end of paragraph (8);
(2) by redesignating paragraph (9) as paragraph (10); and
(3) by inserting after paragraph (8) the following new
paragraph:
``(9) provide assurances that the institution will meet the
requirements with respect to the application of prepayment and
underpayment amounts under section 464(c)(1)(C); and''.
SEC. 4. APPLICATION OF PREPAYMENT AND UNDERPAYMENT AMOUNTS FOR PRIVATE
EDUCATION LOANS.
Section 128(e) of the Truth in Lending Act (15 U.S.C. 1638(e)) is
amended by adding at the end the following:
``(12) Application of prepayment and underpayment
amounts.--
``(A) Prepayment amounts.--Notwithstanding any
other provision of law, with respect to a borrower with
one or more private education loans which are held by
the same holder and which have different applicable
rates of interest, the holder of such loans shall apply
the borrower's prepayment amount (within the meaning of
section 682.209(b) of title 34, Code of Federal
Regulations, or a successor regulation) for one or more
of such loans--
``(i) first toward any outstanding balance
of fees, including collection costs and
authorized late charges, due on any private
education loan held by such holder; and
``(ii) then, except as otherwise requested
by the borrower in writing, toward the
outstanding balance of principal due on the
loan with the highest applicable rate of
interest among such loans.
``(B) Underpayment amounts.--Notwithstanding any
other provision of law, with respect to a borrower with
one or more private education loans which are held by
the same holder and which have different applicable
rates of interest, the holder of such loans shall apply
any payment made by the borrower which is less than the
amount due at the time of the payment for one or more
of such loans--
``(i) first toward any outstanding balance
of fees, including collection costs and
authorized late charges, due on any private
education loans held by such holder; and
``(ii) then, except as otherwise requested
by the borrower in writing, toward the balance
of the loan with the smallest balance of
principal and interest among such loans.''. | Student Loan Payment Optimization Act This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 and the Truth in Lending Act to establish rules that lenders must follow regarding the overpayment and underpayment of student loan payments for borrowers with one or more loans that are grouped together. These rules are applicable to the Federal Family Education Loan and the William D. Ford Federal Direct Loan programs, except for income-based repayment plans, and federal Perkins Loans. The bill requires lenders to apply payments that are more than the monthly payment amount towards any outstanding fees owed and then towards the principal due on the loan that bears the highest interest rate. In addition, lenders must apply payments that are less than the monthly payment amount towards any outstanding fees owed and then towards the loan with the smallest balance of principal and interest combined unless the borrower requests otherwise. | {"src": "billsum_train", "title": "Student Loan Payment Optimization Act"} | 1,564 | 182 | 0.548461 | 1.618008 | 0.891667 | 1.951515 | 8.406061 | 0.751515 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Express Appeals Act''.
SEC. 2. PILOT PROGRAM ON EXPRESS APPEALS.
(a) In General.--The Secretary of Veterans Affairs shall carry out
a pilot program to provide the option of an alternative appeals process
that shall more quickly determine such appeals in accordance with this
section.
(b) Election.--
(1) Filing.--In accordance with paragraph (2), a claimant
may elect to file an express appeal under the pilot program
under subsection (a) by filing with the Secretary the
following:
(A) The notice of disagreement under chapter 71 of
title 38, United States Code.
(B) All evidence that the claimant believes is
needed for the appeal as of the date of the filing.
(C) A statement of the argument in support of the
claim, if any.
(D) The written election of the claimant to have
the appeal determined under the pilot program.
(2) Timing.--A claimant shall make an election under
paragraph (1)--
(A) if the claimant has filed a traditional appeal
with respect to the claim for disability compensation
before the date on which the pilot program under
subsection (a) commences, at any time during the
traditional appeal process; or
(B) if the claimant has not so filed a traditional
appeal with respect to the claim for disability
compensation before such date, by not later than 90
days after the date on which the Secretary provides to
the claimant the notice of the determination of the
claim.
(3) Change of processing.--If a claimant described in
paragraph (2)(A) seeks to elect to make an election under
paragraph (1) to change a traditional appeal to an express
appeal, the Secretary shall--
(A) inform the claimant of whether, in light of
such traditional appeal being processed, the claimant
will achieve any time savings through such an express
appeal; and
(B) if the claimant elects to file such express
appeal, process the express appeal in accordance with
this section to the extent practicable.
(4) Reversion.--At any time, a claimant who makes an
election under paragraph (1) may elect to revert to the
traditional appeals process without any penalty to the claimant
other than the loss of the docket number associated with the
express appeal.
(5) Use of express appeal.--A claimant may only make an
election under paragraph (1) with respect to a claim for
disability compensation filed by the claimant that is not, with
respect to a claim previously decided by express appeal, a
petition to reopen the claim or a separate claim for an
increased rating for the claim.
(6) Outreach.--In providing claimants with notices of the
determination of a claim during the period in which the pilot
program under subsection (a) is carried out, the Secretary
shall provide to the claimant information regarding--
(A) the pilot program;
(B) how to make an election under paragraph (1);
(C) what documents the claimant must provide during
the course of the appeals process; and
(D) the ability of the claimant to seek advice and
education regarding such process from veterans service
organizations and attorneys recognized under chapter 59
of title 38, United States Code.
(c) Treatment by Department and Board.--
(1) Process.--Upon the election of a claimant to file an
express appeal pursuant to subsection (b)(1), the Secretary
shall--
(A) not provide the claimant with a statement of
the case nor require the claimant to file a substantive
appeal; and
(B) transfer jurisdiction over the express appeal
directly to the Board of Veterans' Appeals.
(2) Docket.--The Board of Veterans' Appeals shall--
(A) maintain express appeals on a separate docket
than traditional appeals;
(B) hear express appeals in the order that the
express appeals are received on the express appeal
docket; and
(C) decide not more than one express appeal for
each four traditional appeals decided.
(3) New evidence.--
(A) If a claimant submits to the Board of Veterans'
Appeals any new evidence relating to an express appeal
after filing such appeal, the claimant may--
(i) revert to the traditional appeals
process pursuant to subsection (b)(4) and use
such new evidence during the course of such
process; or
(ii) withdraw such new evidence and
continue the express appeal.
(B) If a claimant withdraws new evidence pursuant
to subparagraph (A)(ii), the Secretary shall inform the
claimant, after the Board decides the express appeal,
of the ability of the claimant to use such new evidence
as the basis for a petition to reopen the claim or as a
separate claim for an increased rating.
(4) Prohibition on remand to regional office.--If the Board
of Veterans' Appeals determines that an express appeal requires
additional information, including any medical examination, the
Board shall--
(A) direct the Veterans Benefits Administration to
take such actions as may be necessary to develop such
information;
(B) retain jurisdiction of the express appeal
without requiring a determination by the Veterans
Benefits Administration based on such information;
(C) direct the Veterans Benefits Administration to
ensure the claimant receives a copy of such
information; and
(D) provide the claimant a period of 45 days after
the receipt of such information to provide the Board
any additional evidence.
(5) Hearings.--Notwithstanding section 7107 of title 38,
United States Code, the Board of Veterans' Appeals may not
provide hearings with respect to express appeals. A claimant
may request to hold a hearing pursuant to such section 7107 if
the claimant reverts to the traditional appeals process
pursuant to subsection (b)(4).
(d) Duration; Application.--The Secretary shall carry out the pilot
program under subsection (a) for a five-year period beginning one year
after the date of the enactment of this Act. This section shall apply
only to express appeals that are filed during such period.
(e) Reports.--During each year in which the pilot program under
subsection (a) is carried out, the Secretary shall submit to the
Committees on Veterans' Affairs of the House of Representatives and the
Senate a report on the pilot program. The first such report shall be
submitted by not later than 180 days after the date on which the pilot
program commences.
(f) Definitions.--In this section:
(1) The term ``claimant'' has the meaning given that term
in section 5100 of title 38, United States Code.
(2) The term ``compensation'' has the meaning given that
term in section 101 of title 38, United States Code.
(3) The term ``express appeal'' means an appeal of a claim
for disability compensation that is--
(A) filed by a claimant in accordance with
subsection (b)(1); and
(B) considered in accordance with this section.
(4) The term ``traditional appeal'' means an appeal of a
claim for disability compensation that is not an express
appeal. | Express Appeals Act - Directs the Secretary of Veterans Affairs (VA) to: (1) carry out a five-year pilot program to provide the option of an alternative appeals process to determine appeals of claims for disability compensation more quickly, and (2) inform claimants about such program. Authorizes a claimant to elect to file an express appeal by filing with the Secretary: (1) a notice of disagreement, (2) all evidence that the claimant believes is needed for the appeal, (3) a statement of the argument in support of the claim, and (4) the claimant's written election to have the appeal determined under the pilot program. Requires the Secretary to transfer jurisdiction over an express appeal directly to the Board of Veterans' Appeals. Requires a claimant to make such election: (1) at any time during the traditional appeal process if the claimant has filed a traditional appeal before the pilot program commences, or (2) by 90 days after the Secretary provides notice of the determination of the claim if the claimant has not filed a traditional appeal. Directs the Secretary to inform a claimant who seeks to change a traditional appeal to an express appeal about whether any time will be saved. Allows a claimant who elects to file an express appeal to elect to revert to a traditional appeal at any time. Requires the Board of Veterans' Appeals to: (1) maintain express appeals on a separate docket, (2) hear express appeals in the order received, and (3) decide not more than one express appeal for each four traditional appeals decided. Sets forth provisions regarding: (1) the effects of new evidence submitted or additional information needed after an express appeal is filed, and (2) a prohibition against the Board providing hearings for express appeals. | {"src": "billsum_train", "title": "Express Appeals Act"} | 1,560 | 379 | 0.762054 | 2.34366 | 0.870805 | 3.942363 | 4.221902 | 0.951009 |
SECTION 1. RURAL EDUCATION.
Part J of title X of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 8271 et seq.) is amended to read as follows:
``PART J--RURAL EDUCATION INITIATIVE
``SEC. 10951. SHORT TITLE.
``This part may be cited as the `Rural Education Initiative Act of
1999'.
``SEC. 10952. FINDINGS.
``Congress finds the following:
``(1) The National Center for Educational Statistics
reports that 46 percent of our Nation's public schools serve
rural areas.
``(2) While there are rural education initiatives
identified at the State and local level, no Federal education
policy focuses on the specific and unique needs of rural school
districts and schools.
``(3) Small school districts often cannot use Federal grant
funds distributed by formula because the formula allocation
does not provide enough revenue to carry out the program the
grant is intended to fund.
``(4) Rural schools often cannot compete for Federal
funding distributed by competitive grants because the schools
lack the personnel needed to prepare grant applications and the
resources to hire specialists in the writing of Federal grant
proposals.
``(5) A critical problem for rural school districts
involves the hiring and retention of qualified administrators
and certified teachers (especially in reading, science, and
mathematics). As a result, teachers in rural schools are almost
twice as likely to provide instruction in three or more subject
areas than teachers in urban schools. Rural schools also face
other tough challenges, such as shrinking local tax bases, high
transportation costs, aging buildings, limited course
offerings, and limited resources.
``Subpart 1--Small and Rural School Program
``SEC. 10961. FORMULA GRANT PROGRAM AUTHORIZED.
``(a) Alternative Uses.--
``(1) In general.--Notwithstanding any other provision of
law, an eligible local educational agency may use the
applicable funding, that the agency is eligible to receive from
the State educational agency for a fiscal year, to support
local or statewide education reform efforts intended to improve
the academic achievement of elementary school and secondary
school students and the quality of instruction provided for the
students.
``(2) Notification.--An eligible local educational agency
shall notify the State educational agency of the local
educational agency's intention to use the applicable funding in
accordance with paragraph (1) not later than a date that is
established by the State educational agency for the
notification.
``(b) Eligibility.--
``(1) In general.--A local educational agency shall be
eligible to use the applicable funding in accordance with
subsection (a) if--
``(A)(i) the total number of students in average
daily attendance at all of the schools served by the
local educational agency is less than 600; and
``(ii) all of the schools served by the local
educational agency are located in a community with a
Rural-Urban Continuum Code of 6, 7, 8, or 9, as
determined by the Secretary of Agriculture; or
``(B) the agency meets the criteria established in
subparagraph (A)(i) and the Secretary, in accordance with
paragraph (2), grants the local educational agency's request to
waive the criteria described in subparagraph (A)(ii).
``(2) Certification.--The Secretary shall determine whether
or not to waive the criteria described in paragraph (1)(A)(ii)
based on certification provided by the local educational
agency, or the State educational agency on behalf of the local
educational agency, that the local educational agency is
located in an area defined as rural by a governmental agency of
the State.
``(c) Applicable Funding.--In this section, the term `applicable
funding' means funds provided under each of titles II, IV, VI, parts A
and C of title VII, and part I of title X.
``(d) Disbursal.--Each State educational agency that receives
applicable funding for a fiscal year shall disburse the applicable
funding to local educational agencies for alternative uses under this
section for the fiscal year at the same time that the State educational
agency disburses the applicable funding to local educational agencies
that do not intend to use the applicable funding for such alternative
uses for the fiscal year.
``(e) Supplement Not Supplant.--Funds used under this section shall
be used to supplement and not supplant any other Federal, State, or
local education funds that would otherwise be available for the purpose
of this subpart.
``(f) Special Rule.--References in Federal law to funds for the
provisions of law set forth in subsection (c) may be considered to be
references to funds for this section.
``SEC. 10962. PROGRAM AUTHORIZED.
``(a) In General.--The Secretary is authorized to award grants to
eligible local educational agencies to enable the local educational
agencies to support local or statewide education reform efforts
intended to improve the academic achievement of elementary school and
secondary school students and the quality of instruction provided for
the students.
``(b) Eligibility.--
``(1) In general.--A local educational agency shall be
eligible to receive a grant under this section if--
``(A)(i) the total number of students in average
daily attendance at all of the schools served by the
local educational agency is less than 600; and
``(ii) all of the schools served by the local
educational agency are located in a community with a
Rural-Urban Continuum Code of 6, 7, 8, or 9, as
determined by the Secretary of Agriculture; or
``(B) the agency meets the criteria established in
subparagraph (A)(i) and the Secretary, in accordance
with paragraph (2), grants the local educational
agency's request to waive the criteria described in
subparagraph (A)(ii).
``(2) Certification.--The Secretary shall determine whether
or not to waive the criteria described in paragraph (1)(A)(ii)
based on certification provided by the local educational
agency, or the State educational agency on behalf of the local
educational agency, that the local educational agency is
located in an area defined as rural by a governmental agency of
the State.
``(c) Allocation.--
``(1) In general.--Except as provided in paragraph (3), the
Secretary shall award a grant to an eligible local educational
agency for a fiscal year in an amount equal to the initial
amount determined under paragraph (2) for the fiscal year minus
the total amount received under the provisions of law described
under section 10961(c) for the preceding fiscal year.
``(2) Determination of the initial amount.--The initial
amount referred to in paragraph (1) is equal to $100 multiplied
by the total number of students, over 50 students, in average
daily attendance in such eligible agency plus $20,000, except
that the initial amount may not exceed $60,000.
``(3) Ratable adjustment.--
``(A) In general.--If the amount made available for
this subpart for any fiscal year is not sufficient to
pay in full the amounts that local educational agencies
are eligible to receive under paragraph (1) for such
year, the Secretary shall ratably reduce such amounts
for such year.
``(B) Additional amounts.--If additional funds
become available for making payments under paragraph
(1) for such fiscal year, payments that were reduced
under subparagraph (A) shall be increased on the same
basis as such payments were reduced.
``(5) Census determination.--
``(A) In general.--Each local educational agency
desiring a grant under this section shall conduct a
census not later than December 1 of each year to
determine the number of kindergarten through grade 12
students in average daily attendance at the schools
served by the local educational agency.
``(B) Submission.--Each local educational agency
shall submit the number described in subparagraph (A)
to the Secretary not later than March 1 of each year.
``(d) Disbursal.--The Secretary shall disburse the funds awarded to
a local educational agency under this section for a fiscal year not
later than July 1 of that year.
``(e) Special Rule.--A local educational agency that is eligible to
receive a grant under this subpart for a fiscal year shall be
ineligible to receive funds for such fiscal year under subpart 2.
``(f) Supplement Not Supplant.--Funds made available under this
section shall be used to supplement and not supplant any other Federal,
State or local education funds.
``SEC. 10963. ACCOUNTABILITY.
``(a) Academic Achievement.--
``(1) In general.--Each local educational agency that uses
or receives funds under section 10961 or 10962 for a fiscal
year shall administer an assessment consistent with section
1111 of title I.
``(2) Special rule.--Each local educational agency that
uses or receives funds under section 10961 or 10962 shall use
the same assessment described in paragraph (1) for each year of
participation in the program under such section.
``(b) State Educational Agency Determination Regarding Continuing
Participation.--Each State educational agency that receives funding
under the provisions of law described in section 10961(c) shall--
``(1) after the second year that a local educational agency
participates in a program under section 10961 or 10962 and on
the basis of the results of the assessments described in
subsection (a), determine whether the students served by the
local educational agency participating in the program performed
in accordance with section 1111 of title I; and
``(2) only permit those local educational agencies that so
participated and met the requirements of section 1111(b)(2) of
title I to continue to so participate.
``Subpart 2--Low-Income And Rural School Program
``SEC. 10971. PROGRAM AUTHORIZED.
``(a) Reservations.--From amounts appropriated under section 10982
for this subpart for a fiscal year, the Secretary shall reserve \1/2\
of 1 percent to make awards to elementary or secondary schools operated
or supported by the Bureau of Indian Affairs to carry out the purpose
of this subpart.
``(b) Grants to States.--
``(1) In general.--From amounts appropriated under section
10982 for this subpart that are not reserved under subsection
(a), the Secretary shall award grants for a fiscal year to
State educational agencies that have applications approved
under section 10973 to enable the State educational agencies to
award subgrants to eligible local educational agencies for
local authorized activities described in subsection (c)(2).
``(2) Allocation.--From amounts appropriated for this
subpart, the Secretary shall allocate to each State educational
agency for a fiscal year an amount that bears the same ratio to
the amount of funds appropriated under section 10982 for this
subpart that are not reserved under subsection (a) as the
number of students in average daily attendance served by
eligible local educational agencies in the State bears to the
number of all such students served by eligible local
educational agencies in all States for that fiscal year.
``(3) Direct awards to specially qualified agencies.--
``(A) Nonparticipating state.--If a State
educational agency elects not to participate in the
program under this subpart or does not have an
application approved under section 10973 a specially
qualified agency in such State desiring a grant under
this subpart shall apply directly to the Secretary to
receive an award under this subpart.
``(B) Direct awards to specially qualified
agencies.--The Secretary may award, on a competitive
basis, the amount the State educational agency is
eligible to receive under paragraph (2) directly to
specially qualified agencies in the State.
``(c) Local Awards.--
``(1) Eligibility.--A local educational agency shall be
eligible to receive funds under this subpart if--
``(A) 20 percent or more of the children aged 5 to
17, inclusive, served by the local educational agency
are from families with incomes below the poverty line;
and
``(B) all of the schools served by the agency are
located in a community with a Rural-Urban Continuum
Code of 6, 7, 8, or 9, as determined by the Secretary
of Agriculture.
``(2) Uses of funds.--Grant funds awarded to local
educational agencies or made available to schools under this
subpart shall be used for--
``(1) educational technology, including software and
hardware;
``(2) professional development;
``(3) technical assistance;
``(4) teacher recruitment and retention;
``(5) parental involvement activities; or
``(6) academic enrichment programs.
``SEC. 10972. STATE DISTRIBUTION OF FUNDS.
``(a) Award Basis.--A State educational agency shall award grants
to eligible local educational agencies--
``(1) on a competitive basis; or
``(2) according to a formula based on the number of
students in average daily attendance served by the eligible
local educational agencies or schools (as appropriate) in the
State, as determined by the State.
``(b) Administrative Costs.--A State educational agency receiving a
grant under this subpart may not use more than 5 percent of the amount
of the grant for State administrative costs.
``SEC. 10973. APPLICATIONS.
``Each State educational agency and specially qualified agency
desiring to receive a grant under this subpart shall submit an
application to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may require. Such
application shall include specific measurable goals and objectives to
be achieved which may include specific educational goals and objectives
relating to increased student academic achievement, decreased student
drop-out rates, or such other factors that the State educational agency
or specially qualified agency may choose to measure.
``SEC. 10974. REPORTS.
``(a) State Reports.--Each State educational agency that receives a
grant under this subpart shall provide an annual report to the
Secretary. The report shall describe--
``(1) the method the State educational agency used to award
grants to eligible local educational agencies and to provide
assistance to schools under this subpart;
``(2) how local educational agencies and schools used funds
provided under this subpart; and
``(3) the degree to which progress has been made toward
meeting the goals and objectives described in the application
submitted under section 10973.
``(b) Specially Qualified Agency Report.--Each specially qualified
agency that receives a grant under this subpart shall provide an annual
report to the Secretary. Such report shall describe--
``(1) how such agency uses funds provided under this
subpart; and
``(2) the degree to which progress has been made toward
meeting the goals and objectives described in the application
submitted under section 10971(b)(3)(A).
``(c) Report to Congress.--The Secretary shall prepare and submit
to the Committee on Education and the Workforce for the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions for the Senate an annual report. The report shall describe--
``(1) the methods the State educational agency used to
award grants to eligible local educational agencies and to
provide assistance to schools under this subpart;
``(2) how eligible local educational agencies and schools
used funds provided under this subpart; and
``(3) progress made in meeting specific measurable
educational goals and objectives.
``SEC. 10975. DEFINITIONS.
``For the purposes of this subpart--
``(1) The term `poverty line' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
``(2) The term `specially qualified agency' means an
eligible local educational agency, located in a State that does
not participate in a program under this subpart in a fiscal
year, that may apply directly to the Secretary for a grant in
such year in accordance with section 10971(b)(3).
``Subpart 3--General Provisions
``SEC. 10981. DEFINITION.
``For the purposes of this part, the term `State' means each of the
50 States, the District of Columbia, and the Commonwealth of Puerto
Rico.
``SEC. 10982. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$125,000,000 for fiscal year 2000 and such sums as may be necessary for
each of four succeeding fiscal years to be distributed equally between
subparts 1 and 2.''. | Establishes an REI subpart 1 Small and Rural School Program.
Makes an local educational agency (LEA) eligible for alternative use formula grants from States, and for direct grants from the Secretary of Education if: (1) the total number of students in average daily attendance at all of the schools served by the LEA is less than 600; and (2) all of the schools served by the LEA are located in a rural community (with a Rural-Urban Continuum Code of 6, 7, 8, or 9; but allows waiver of this requirement where the LEA is certified as located in a rural area by a State agency).
Provides, under the alternative use formula grant program, that an eligible LEA may use applicable funding that it is eligible to receive from the State educational agency (SEA) for a fiscal year to support local or statewide education reform efforts intended to improve the achievement of elementary school and secondary school students and the quality of instruction provided for the students. Defines applicable funding as funds received under the following ESEA provisions: (1) title II (Dwight D. Eisenhower Professional Development Program); (2) title IV (Safe and Drug-Free Schools and Communities); (3) title VI (Innovative Education Program Strategies); (4) part A and part C of title VII; and (5) part I of title X. Requires each SEA receiving applicable funding to disburse it to LEAs for alternative uses at the same times it disburses it to LEAs that do not intend to use it for alternative uses for that fiscal year.
Authorizes the Secretary to award grants to eligible LEAs to support local or statewide education reform efforts intended to improve the achievement of elementary school and secondary school students and the quality of instruction provided for the students. Sets forth formulas for determining the amounts of such grants, based on numbers of children in average daily attendance at schools served by the LEAs, minus amounts received under applicable funding.
Sets forth accountability requirements. Requires LEAs that receive REI alternative use formula grants or competitive grants to administer tests to assess the academic achievement of students in their schools. Requires each SEA that receives applicable funding to: (1) determine, after the second year of an LEA's participation in either subpart 1 grant program, whether the LEA's students performed in accordance with specified requirements; and (2) only allow continued participation by LEAs that met certain requirements.
Establishes an REI subpart 2 Low-Income and Rural School Program.
Directs the Secretary to make grants to SEAs for elementary and secondary education development by LEAs that are eligible if: (1) 20 percent or more of the children aged five through 17, whom the LEA serves, are from families with incomes below the poverty line; and (2) all of the schools served by the LEA are located in a rural community (with a Rural-Urban Continuum Code of 6, 7, 8, or 9).
Reserves a specified portion of grant funds for schools operated by the Bureau of Indian Affairs.
Sets forth an allotment formula for grants to State educational agencies (SEAs) to make grants to eligible LEAs.
Authorizes the Secretary to make direct competitive grants to specially qualified eligible rural LEAs in nonparticipating States.
Requires LEAs or their schools to use grant funds for: (1) educational technology, including software and hardware; (2) professional development; (3) technical assistance; (4) teacher recruitment and retention; (5) parental involvement activities; or (6) academic enrichment programs.
Requires SEAs to award grants on a competitive or formula basis. Limits to five percent that portion of a subpart 2 grant which may be used for State administrative costs.
Requires subpart 2 program reports by SEAS, specially qualified LEAs, and the Secretary.
Authorizes appropriations. Requires that such amounts for REI be distributed equally between the subpart 1 and subpart 2 programs. | {"src": "billsum_train", "title": "Rural Education Initiative Act of 1999"} | 3,680 | 860 | 0.544631 | 1.685761 | 0.736027 | 3.386842 | 4.530263 | 0.873684 |
SECTION 1. FINDINGS.
Congress finds as follows:
(1) The Big Thicket National Preserve, located in East
Texas, was established by Congress in 1974 as the nation's
first Preserve.
(2) The Big Thicket, known as the ``biological crossroads
of North America,'' is home to species native of the Gulf
Coastal Plains, Eastern Forests, and the Central Plains,
including the bald eagle, the peregrine falcon, and whooping
crane, which make their home among rivers, baldcypress swamps,
pine savannahs, sandhills, and tall forests.
(3) In 1993, Congress approved an expansion of the
authorized boundary of the Big Thicket to incorporate more
biological diversity.
(4) In 2007, major owners of timberland in the region began
divesting property, some of which was ultimately purchased by
the National Park Service for Big Thicket.
(5) Because of these new additions, the Big Thicket has
reached its Congressionally authorized boundary of 97,000
acres.
SEC. 2. BOUNDARY ADJUSTMENT.
The first section of the Act titled ``An Act to authorize the
establishment of the Big Thicket National Preserve in the State of
Texas, and for other purposes'' (16 U.S.C. 698), is amended--
(1) by redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively;
(2) by inserting after subsection (b) the following:
``(c) Additional Lands.--The boundary of the preserve may also
include any lands acquired from willing sellers totaling not more than
100,000 acres of land near the Preserve as generally depicted on the
map titled `Big Thicket National Preserve Proposed Boundary Expansion',
numbered 175/80, 017A, and dated April 2008. The map shall be on file
and available for inspection in the appropriate offices of the National
Park Service.'';
(3) in subsection (d) (as redesignated by paragraph (1)
above)--
(A) by striking ``owner: Provided further'' and all
that follows through ``exchange:'' and inserting a
colon; and
(B) by striking ``After notifying'' through the end
of that sentence and inserting ``The Secretary may, if
the Secretary considers such that lands would make a
significant contribution to the purposes for which the
preserve was created, accept title to any lands, or
interests in lands, located outside of the boundaries
of the preserve, as established by subsections (b) and
(c), which the State of Texas or its political
subdivisions may acquire and offer to donate to the
United States or which any private person,
organization, or public or private corporation may
offer to donate to the United States. The Secretary may
administer such lands as a part of the preserve after
publishing notice to that effect in the Federal
Register.''; and
(4) by adding at the end the following:
``(g) Private Landowner Withdrawal.--Any owner of private property
included within the boundaries of the preserve shall have their
property immediately removed from the boundary by submitting a written
request for such withdrawal to the Secretary.''.
SEC. 3. CANOPY WALKS, ELEVATED BOARDWALKS, AND ASSOCIATED
INTERPRETATION.
The Secretary of the Interior shall construct, operate, and
maintain a system of canopy walks, elevated boardwalks, and associated
interpretation that connect visitors with the ecological diversity of
Big Thicket National Preserve. In developing the system, the Secretary
may give special consideration to areas in Big Thicket National
Preserve that are inaccessible to most visitors due to swamp, high
vegetation, or fragile ecology.
SEC. 4. BIG THICKET NATIONAL PRESERVE INTERPRETIVE CENTER.
The Secretary of the Interior shall construct, operate, and
maintain a Big Thicket National Preserve interpretive center that is--
(1) easily accessible to a heavily traveled area (such as
Beaumont, Texas, near Interstate 10); and
(2) serves as an educational opportunity for children and
young adults to learn more about Big Thicket National Preserve,
wildlife, and the environment, and the importance of protecting
these resources.
SEC. 5. CANOE AND KAYAKING TRAILS.
The Secretary of the Interior shall construct, operate, and
maintain canoe and kayaking trails in Big Thicket National Preserve
that--
(1) are guided by Global Positioning System waypoints; and
(2) include platforms off the water for kayaks and canoes
to be docked safely.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary of the
Interior such sums as are necessary to carry out this Act and the
amendments made by this Act. | Adjusts the boundary of Big Thicket National Preserve, located in East Texas, to include any lands acquired from willing sellers totaling not more than 100,000 acres of land near the Preserve.
Permits any owner of private property included within the boundaries of the Big Thicket National Preserve to have their property immediately removed by submitting a written request for such withdrawal.
Directs the Secretary of the Interior to construct and operate: (1) a system of canopy walks, elevated boardwalks, and associated interpretation that connect visitors with the ecological diversity of Big Thicket National Preserve; (2) a Big Thicket National Preserve interpretive center; and (3) canoe and kayaking trails in Big Thicket National Preserve. | {"src": "billsum_train", "title": "To adjust the boundary of Big Thicket National Preserve in Texas and provide for three ecotourism projects within the preserve, and for other purposes."} | 1,088 | 162 | 0.54398 | 1.605574 | 0.903876 | 5.938931 | 7.366412 | 0.977099 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Compassionate Access, Research
Expansion, and Respect States Act of 2015'' or the ``CARERS Act of
2015''.
SEC. 2. FEDERALISM IN DRUG POLICY.
Section 708 of the Controlled Substances Act (21 U.S.C. 903) is
amended--
(1) by striking ``No provision'' and inserting the
following:
``(a) In General.--Except as provided in subsection (b), no
provision''; and
(2) by adding at the end the following:
``(b) Compliance With State Law.--Notwithstanding any other
provision of law, the provisions of this title relating to marihuana
shall not apply to any person acting in compliance with State law
relating to the production, possession, distribution, dispensation,
administration, laboratory testing, or delivery of medical
marihuana.''.
SEC. 3. RESCHEDULING OF MARIHUANA.
(a) Removal From Schedule I.--Schedule I, as set forth in section
202(c) of the Controlled Substances Act (21 U.S.C. 812(c)), is amended
in subsection (c)--
(1) by striking paragraphs (10) and (17);
(2) by redesignating paragraphs (11) through (16) as
paragraphs (10) through (15), respectively; and
(3) by redesignating paragraphs (18) through (28) as
paragraphs (16) through (26), respectively.
(b) Listing in Schedule II.--Schedule II, as set forth in section
202(c) of the Controlled Substances Act (21 U.S.C. 812(c)), is amended
by adding at the end the following:
``(d) Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation, which
contains any quantity of marihuana, including its salts, isomers, and
salts of isomers.''.
SEC. 4. EXCLUSION OF CANNABIDIOL FROM DEFINITION OF MARIHUANA.
Section 102 of the Controlled Substances Act (21 U.S.C. 802) is
amended--
(1) in paragraph (16)--
(A) by striking ``or cake, or the sterilized'' and
inserting ``cake, the sterilized''; and
(B) by adding ``, or cannabidiol'' before the
period at the end; and
(2) by adding at the end the following:
``(57) The term `cannabidiol' means the substance
cannabidiol, as derived from marihuana or the synthetic
formulation, that contains not greater than 0.3 percent delta-
9-tetrahydrocannabinol on a dry weight basis.''.
SEC. 5. CANNABIDIOL DETERMINATION BY STATES.
Section 201 of the Controlled Substances Act (21 U.S.C. 811) is
amended by adding at the end the following:
``(j) Cannabidiol Determination.--If a person grows or processes
marihuana for purposes of making cannabidiol in accordance with State
law, the marihuana shall be deemed to meet the concentration limitation
under section 102(57), unless the Attorney General determines that the
State law is not reasonably calculated to comply with section
102(57).''.
SEC. 6. BANKING.
(a) Definitions.--In this section--
(1) the term ``depository institution'' means--
(A) a depository institution as defined in section
3(c) of the Federal Deposit Insurance Act (12 U.S.C.
1813(c));
(B) a Federal credit union as defined in section
101 of the Federal Credit Union Act (12 U.S.C. 1752);
or
(C) a State credit union as defined in section 101
of the Federal Credit Union Act (12 U.S.C. 1752);
(2) the term ``Federal banking regulator'' means each of
the Board of Governors of the Federal Reserve System, the
Bureau of Consumer Financial Protection, the Federal Deposit
Insurance Corporation, the Office of the Comptroller of the
Currency, the National Credit Union Administration, or any
Federal agency or department that regulates banking or
financial services, as determined by the Secretary of the
Treasury;
(3) the term ``financial service'' means a financial
product or service as defined in section 1002 of the Dodd-Frank
Wall Street Reform and Consumer Protection Act (12 U.S.C.
5481);
(4) the term ``manufacturer'' means a person who
manufactures, compounds, converts, processes, prepares, or
packages marijuana or marijuana products;
(5) the term ``marijuana-related legitimate business''
means a manufacturer, producer, or any person that--
(A) participates in any business or organized
activity that involves handling marijuana or marijuana
products, including selling, transporting, displaying,
dispensing, or distributing marijuana or marijuana
products; and
(B) engages in such activity pursuant to a law
established by a State or a unite of local government;
(6) the term ``marijuana'' has the meaning given the term
``marihuana'' in section 102 of the Controlled Substances Act
(21 U.S.C. 802), as amended by this Act;
(7) the term ``marijuana product'' means any article that
contains marijuana, including an article that is a concentrate,
an edible, a tincture, a marijuana-infused product, or a
topical;
(8) the term ``producer'' means a person who plants,
cultivates, harvests, or in any way facilitates the natural
growth of marijuana; and
(9) the term ``State'' means each of the several States,
the District of Columbia, Puerto Rico, and any territory or
possession of the United States.
(b) Safe Harbor for Depository Institutions.--A Federal banking
regulator may not--
(1) terminate or limit the deposit insurance of a
depository institution under the Federal Deposit Insurance Act
(12 U.S.C. 1811 et seq.) or the Federal Credit Union Act (12
U.S.C. 1751 et seq.) solely because the depository institution
provides or has provided financial services to a marijuana-
related legitimate business;
(2) prohibit, penalize, or otherwise discourage a
depository institution from providing financial services to a
marijuana-related legitimate business;
(3) recommend, incentivize, or encourage a depository
institution not to offer financial services to an individual,
or to downgrade or cancel the financial services offered to an
individual solely because--
(A) the individual is a manufacturer or producer of
marijuana;
(B) the individual is the owner or operator of a
marijuana-related legitimate business;
(C) the individual later becomes an owner or
operator of a marijuana-related legitimate business; or
(D) the depository institution was not aware that
the individual is the owner or operator of a marijuana-
related legitimate business; or
(4) take any adverse or corrective supervisory action on a
loan to an owner or operator of--
(A) a marijuana-related legitimate business solely
because the owner or operator is a marijuana-related
business; or
(B) real estate or equipment that is leased to a
marijuana-related legitimate business solely because
the owner or operator of the real estate or equipment
leased the real estate or equipment to a marijuana-
related business.
(c) Protections Under Federal Law.--
(1) Investigation and prosecution.--A depository
institution that provides financial services to a marijuana-
related legitimate business, or the officers, directors, and
employees of that business, shall be immune from Federal
criminal prosecution or investigation for providing those
services.
(2) Federal criminal law.--A depository institution that
provides financial services to a marijuana-related legitimate
business shall not be subject to a criminal penalty under any
Federal law solely for providing those services or for further
investing any income derived from such services.
(3) Forfeiture.--A depository institution that has a legal
interest in the collateral for a loan made to an owner or
operator of a marijuana-related legitimate business, or to an
owner or operator of real estate or equipment that is leased to
a marijuana-related legitimate business, shall not be subject
to criminal, civil, or administrative forfeiture of that legal
interest pursuant to any Federal law for providing such loan.
(d) Exemption From Filing Suspicious Activity Reports.--Section
5318(g) of title 31, United States Code, is amended by adding at the
end the following:
``(5) Requirements for marijuana-related legitimate
businesses.--If a financial institution or any director,
officer, employee, or agent of a financial institution reports
a suspicious transaction pursuant to this subsection, and the
reason for the report relates to a marijuana-related business,
the Secretary shall require that such report complies with the
requirements of the guidance issued by the Financial Crimes
Enforcement Network titled `BSA Expectations Regarding
Marijuana-Related Businesses' (FIN-2014-G001; published on
February 14, 2014).''.
(e) Rule of Construction.--Nothing in this section requires a
depository institution to provide financial services to a marijuana-
related legitimate business.
SEC. 7. RESEARCH.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary for Health and Human Services
shall terminate the Public Health Service interdisciplinary review
process described in the guidance entitled ``Guidance on Procedures for
the Provision of Marijuana for Medical Research'' (issued on May 21,
1999).
(b) Licenses for Marijuana Research .--Not later than 1 year after
the date of enactment of this Act, the Attorney General, acting through
the Drug Enforcement Administration, shall issue not less than 3
licenses under section 303 of the Controlled Substances Act (21 U.S.C.
823) to manufacture marijuana and marijuana-derivatives for research
approved by the Food and Drug Administration.
SEC. 8. PROVISION BY DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE
PROVIDERS OF RECOMMENDATIONS AND OPINIONS REGARDING
VETERAN PARTICIPATION IN STATE MARIJUANA PROGRAMS.
Notwithstanding any other provision of law, the Secretary of
Veterans Affairs shall authorize physicians and other health care
providers employed by the Department of Veterans Affairs to--
(1) provide recommendations and opinions to veterans who
are residents of States with State marijuana programs regarding
the participation of veterans in such State marijuana programs;
and
(2) complete forms reflecting such recommendations and
opinions. | Compassionate Access, Research Expansion, and Respect States Act of 2015 or the CARERS Act of 2015 Amends the Controlled Substances Act (CSA) to provide that control and enforcement provisions of such Act relating to marijuana shall not apply to any person acting in compliance with state law relating to the production, possession, distribution, dispensation, administration, laboratory testing, or delivery of medical marijuana. Transfers marijuana from schedule I to schedule II of the CSA. Excludes "cannabidiol" from the definition of "marijuana" and defines it separately as the substance cannabidiol, as derived from marijuana or the synthetic formulation, that contains not greater than 0.3% delta-9-tetrahydrocannabinol on a dry weight basis. Deems marijuana that is grown or processed for purposes of making cannabidiol, in accordance with state law, to meet such concentration limitation unless the Attorney General determines that the state law is not reasonably calculated to comply with such definition. Prohibits a federal banking regulator from: (1) terminating or limiting the deposit insurance of a depository institution solely because it provides or has provided financial services to a marijuana-related legitimate business; or (2) prohibiting, penalizing, or otherwise discouraging a depository institution from providing financial services to a marijuana-related legitimate business. Prohibits a federal banking regulator from recommending, motivating, providing incentives, or encouraging a depository institution not to offer financial services to an individual, or to downgrade or cancel financial services offered to an individual, solely because: (1) the individual is a manufacturer of marijuana, (2) the individual is or later becomes an owner or operator of a marijuana-related legitimate business, or (3) the depository institution was not aware that the individual is the owner or operator of a marijuana-related legitimate business. Prohibits a federal banking regulator from taking any adverse or corrective supervisory action on a loan to an owner or operator of: (1) a marijuana-related legitimate business soley because the owner or operator is such a business, or (2) real estate or equipment that is leased to a marijuana-related legitimate business solely because it is leased to such a business Provides depository institutions that provide financial services to a marijuana-related legitimate business protection under federal law from federal criminal prosecution or investigation, criminal penalties, and forfeiture of legal interest in collateral solely for providing financial services to such a business. Directs: (1) the Department of Health and Human Services to terminate the Public Health Service interdisciplinary review process described in the guidance entitled "Guidance on Procedures for the Provision of marijuana for Medical Research" (issued on May 21, 1999), and (2) the Drug Enforcement Administration to issue at least three licenses under CSA registration requirements to manufacture marijuana and marijuana-derivatives for research approved by the Food and Drug Administration. Directs the Department of Veterans Affairs (VA) to authorize VA health care providers to provide veterans with recommendations and opinions regarding participation in state marijuana programs. | {"src": "billsum_train", "title": "Compassionate Access, Research Expansion, and Respect States Act of 2015"} | 2,451 | 670 | 0.425849 | 1.479446 | 0.702583 | 4.610619 | 3.700885 | 0.911504 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commercial Aviation MANPADS Defense
Act of 2004''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) MANPADSs constitute a threat to military and civilian
aircraft.
(2) The threat posed by MANPADSs requires the development
of both short-term and long-term plans.
(3) The threat posed by MANPADSs requires an international
as well as domestic response.
(4) There should be an international effort to address the
issues of MANPADSs proliferation and defense.
(5) The Government is pursuing and should continue to
pursue diplomatic efforts to prevent the proliferation of
MANPADSs.
SEC. 3. UNITED STATES POLICY ON NONPROLIFERATION AND EXPORT CONTROL.
(a) To Limit Availability and Transfer of MANPADS.--The President
shall pursue, on an urgent basis, further strong international
diplomatic and cooperative efforts, including bilateral and
multilateral treaties, in the appropriate forum to limit the
availability, transfer, and proliferation of MANPADSs worldwide.
(b) To Limit the Proliferation of MANPADS.--The President is
encouraged to seek to enter into agreements with the governments of
foreign countries that, at a minimum, would--
(1) prohibit the entry into force of a MANPADS
manufacturing license agreement and MANPADS co-production
agreement, other than the entry into force of a manufacturing
license or co-production agreement with a country that is party
to such an agreement;
(2) prohibit, except pursuant to transfers between
governments, the export of a MANPADS, including any component,
part, accessory, or attachment thereof, without an individual
validated license; and
(3) prohibit the re-export or retransfer of a MANPADS,
including any component, part, accessory, or attachment
thereof, to a third person, organization, or government unless
the written consent of the government that approved the
original export or transfer is first obtained.
(c) To Achieve Destruction of MANPADS.--The President should
continue to pursue further strong international diplomatic and
cooperative efforts, including bilateral and multilateral treaties, in
the appropriate forum to assure the destruction of excess, obsolete,
and illicit stocks of MANPADSs worldwide.
(d) Reporting and Briefing Requirement.--
(1) President's report.--Not later than 180 days after the
date of enactment of this Act, the President shall transmit to
the appropriate congressional committees a report that contains
a detailed description of the status of diplomatic efforts
under subsections (a), (b), and (c) and of efforts by the
appropriate United States agencies to comply with the
recommendations of the General Accounting Office set forth in
its report GAO-04-519, entitled ``Nonproliferation: Further
Improvements Needed in U.S. Efforts to Counter Threats from
Man-Portable Air Defense Systems''.
(2) Annual briefings.--Annually after the date of
submission of the report under paragraph (1) and until
completion of the diplomatic and compliance efforts referred to
in paragraph (1), the Secretary of State shall brief the
appropriate congressional committees on the status of such
efforts.
SEC. 4. FAA AIRWORTHINESS CERTIFICATION OF MISSILE DEFENSE SYSTEMS FOR
COMMERCIAL AIRCRAFT.
(a) In General.--As soon as practicable, but not later than, the
date of completion of Phase II of the Department of Homeland Security's
counter-man-portable air defense system (MANPADS) development and
demonstration program, the Administrator of the Federal Aviation
Administration shall establish a process for conducting airworthiness
and safety certification of missile defense systems for commercial
aircraft certified as effective and functional by the Department of
Homeland Security. The process shall require a certification by the
Administrator that such systems can be safely integrated into aircraft
systems and ensure airworthiness and aircraft system integrity.
(b) Certification Acceptance.--Under the process, the Administrator
shall accept the certification of the Department of Homeland Security
that a missile defense system is effective and functional to defend
commercial aircraft against MANPADSs.
(c) Expeditious Certification.--Under the process, the
Administrator shall expedite the airworthiness and safety certification
of missile defense systems for commercial aircraft certified by the
Department of Homeland Security.
(d) Reports.--Not later than 90 days after the first airworthiness
and safety certification for a missile defense system for commercial
aircraft is issued by the Administrator, and annually thereafter until
December 31, 2008, the Federal Aviation Administration 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 that contains a detailed
description of each airworthiness and safety certification issued for a
missile defense system for commercial aircraft.
SEC. 5. PROGRAMS TO REDUCE MANPADS.
(a) In General.--The President is encouraged to pursue strong
programs to reduce the number of MANPADSs worldwide so that fewer
MANPADSs will be available for trade, proliferation, and sale.
(b) Reporting and Briefing Requirements.--Not later than 180 days
after the date of enactment of this Act, the President shall transmit
to the appropriate congressional committees a report that contains a
detailed description of the status of the programs being pursued under
subsection (a). Annually thereafter until the programs are no longer
needed, the Secretary of State shall brief the appropriate
congressional committees on the status of programs.
(c) Funding.--There is authorized to be appropriated such sums as
may be necessary to carry out this section.
SEC. 6. MANPADS VULNERABILITY ASSESSMENTS REPORT.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Secretary of Homeland Security 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 describing the Department of
Homeland Security's plans to secure airports and the aircraft arriving
and departing from airports against MANPADSs attacks.
(b) Matters to Be Addressed.--The Secretary's report shall address,
at a minimum, the following:
(1) The status of the Department's efforts to conduct
MANPADSs vulnerability assessments at United States airports at
which the Department is conducting assessments.
(2) How intelligence is shared between the United States
intelligence agencies and Federal, State, and local law
enforcement to address the MANPADS threat and potential ways to
improve such intelligence sharing.
(3) Contingency plans that the Department has developed in
the event that it receives intelligence indicating a high
threat of a MANPADS attack on aircraft at or near United States
airports.
(4) The feasibility and effectiveness of implementing
public education and neighborhood watch programs in areas
surrounding United States airports in cases in which
intelligence reports indicate there is a high risk of MANPADS
attacks on aircraft.
(5) Any other issues that the Secretary deems relevant.
(c) Format.--The report required by this section may be submitted
in a classified format.
SEC. 7. DEFINITIONS.
In this Act, the following definitions apply:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee
on International Relations, and the Committee on
Transportation and Infrastructure of the House of
Representatives; and
(B) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on Commerce,
Science, and Transportation of the Senate.
(2) MANPADS.--The term ``MANPADS'' means--
(A) a surface-to-air missile system designed to be
man-portable and carried and fired by a single
individual; and
(B) any other surface-to-air missile system
designed to be operated and fired by more than one
individual acting as a crew and portable by several
individuals.
Passed the House of Representatives July 22, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | Commercial Aviation MANPADS Defense Act of 2004 - (Sec. 3) Directs the President to pursue, on an urgent basis, further strong international diplomatic and cooperative efforts (including bilateral and multilateral treaties) in the appropriate forum to limit the availability, transfer, and proliferation of man-portable air defense systems (MANPADS) worldwide. Urges the President to continue to pursue similar efforts to assure the destruction of excess, obsolete, and illicit stocks of MANPADS worldwide.
Urges the President to enter into agreements with the governments of foreign countries that, at a minimum, would prohibit: (1) the entry into force of a MANPADS manufacturing license agreement and MANPADS co-production agreement (other than a manufacturing license or co-production agreement with a country party to such an agreement); (2) the export of a MANPADS, including any component, part, accessory, or attachment thereof, without an individual validated license, except pursuant to transfers between governments; and (3) the re-export or retransfer of a MANPADS (or any component, part, accessory, or attachment) to a third person, organization, or government unless the written consent of the government that approved the original export or transfer is first obtained.
Directs the President to report to the appropriate congressional committees on the status of such diplomatic efforts and of efforts by the appropriate U.S. agencies to comply with the recommendations of the General Accounting Office report GAO-04-519, entitled "Non-proliferation: Further Improvements Needed in U.S. Efforts to Counter Threats from MANPADS."
(Sec. 4) Directs the Administrator of the Federal Aviation Administration (FAA), as soon as practicable, but not later than, the completion date of Phase II of the Department of Homeland Security's (DHS) counter-MANPADS development and demonstration program, to establish a process for conducting airworthiness and safety certification of missile defense systems used to defend commercial aircraft against MANPADS. Directs the FAA, not later than 90 days after the first airworthiness and safety certification for a missile defense system for commercial aircraft is issued by the Administrator, and annually thereafter until December 31, 2008, to report to specified congressional committees on each airworthiness and safety certification issued for such defense system for a commercial aircraft.
(Sec. 5) Urges the President to pursue strong programs to reduce the number of MANPADS worldwide. Directs the President to report to the appropriate congressional committees on the status of such programs.
Authorizes appropriations.
(Sec. 6) Directs the Secretary of Homeland Security to report to specified congressional committees on DHS plans to secure airports and the aircraft arriving and departing from airports against MANPADS attacks. | {"src": "billsum_train", "title": "To encourage the establishment of both long-term and short-term programs to address the threat of man-portable air defense systems (MANPADS) to commercial aviation."} | 1,807 | 610 | 0.782055 | 2.922249 | 0.908153 | 5.335294 | 3.115686 | 0.958824 |
SECTION 1. INCREASE IN TAX ON AMMUNITION.
(a) General Rule.--Section 4181 of the Internal Revenue Code of
1986 (relating to imposition of tax) is amended by striking all that
follows ``so sold:'' and inserting the following:
``Articles taxable at 35 percent--
Pistols, revolvers, and other firearms.
``Articles taxable at 11 percent--
Shells, and cartridges.''
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the 1st day of the 1st calendar month beginning more
than 30 days after the date of the enactment of this Act.
(c) Floor Stocks Tax.--
(1) Imposition of tax.--In the case of any firearm on which
tax was imposed under section 4181 of the Internal Revenue Code
of 1986 before the tax-increase date and which is held on such
date for sale by any dealer, there is hereby imposed a floor
stocks tax on such firearm.
(2) Amount of tax.--The amount of tax imposed by paragraph
(1) with respect to any firearm shall be equal to the excess
of--
(A) the amount of the tax which would have been
imposed under section 4181 of such Code on the sale by
the manufacturer, producer, or importer of such firearm
if the amendment made by subsection (a) had been
applicable in determining the amount of such tax, over
(B) the amount of tax actually under section 4181
of such Code with respect to such firearm before the
tax-increase date.
(3) Liability for tax and method of payment.--
(A) Liability for tax.--Any dealer holding any
firearm on the tax-increase date to which any tax
imposed by paragraph (1) applies shall be liable for
such tax.
(B) Method of payment.--The tax imposed by
paragraph (1) shall be paid in such manner as the
Secretary of the Treasury or his delegate shall
prescribe by regulations.
(C) Time for payment.--The tax imposed by paragraph
(1) shall be paid before the close of the 6-month
period beginning on the tax-increase date.
(4) Definitions.--For purposes of this subsection--
(A) Tax-increase date.--The term ``tax-increase
date'' means the 1st day of the 1st calendar month
beginning more than 30 days after the date of the
enactment of this Act.
(B) Firearm.--The term `firearm'' means any pistol,
revolver, or other firearm.
(5) Other laws applicable.--All provisions of law,
including penalties, applicable with respect to the taxes
imposed by section 4181 of such Code shall, insofar as
applicable and not inconsistent with the provisions of this
subsection, apply to the floor stocks taxes imposed by
paragraph (1), to the same extent as if such taxes were imposed
by such section 4181.
SEC. 2. HOSPITAL GUNSHOT COST RELIEF TRUST FUND.
(a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 (relating to trust fund code) is amended by adding at the
end thereof the following new section:
``SEC. 9512. HOSPITAL GUNSHOT COST RELIEF 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 `Hospital Gunshot
Cost Relief Trust Fund', consisting of such amounts as may be
appropriated or credited to such Trust Fund as provided in this section
or section 9602(b).
``(b) Transfers to Trust Fund.--
``(1) In general.--There are hereby appropriated to the
Hospital Gunshot Cost Relief Trust Fund amounts equivalent to
the net revenues received in the Treasury from the additional
firearms taxes.
``(2) Net revenues.--For purposes of paragraph (1), the
term `net revenues' means the amount established by the
Secretary based on the excess of--
``(A) the additional firearms taxes received in the
Treasury, over
``(B) the decrease in the tax imposed by chapter 1
resulting from the additional firearms taxes.
``(3) Additional firearms taxes.--For purposes of this
section, the term `additional firearms taxes' means the taxes
imposed by section 4181 with respect to pistols, revolvers, and
other firearms to the extent such taxes are imposed at a rate
in excess of 10 percent (11 percent in the case of firearms
other than pistols and revolvers).
``(c) Expenditures From Trust Fund.--Amounts in the Hospital
Gunshot Cost Relief Trust Fund shall be available, as provided in
appropriation Acts, only for purposes of making expenditures to assist
hospitals located in urban areas in defraying the costs incurred in
providing medical care to gunshot victims who are not covered under any
health plan.''
(b) Clerical Amendment.--The table of sections for such subchapter
A is amended by adding at the end thereof the following new item:
``Sec. 9512. Hospital Gunshot Cost Relief
Trust Fund.'' | Amends the Internal Revenue Code to increase the excise tax on pistols, revolvers, and other firearms.
Establishes the Hospital Gunshot Cost Relief Trust Fund to assist urban hospitals in defraying costs incurred in providing medical care to gunshot victims who are not covered under any health plan. Transfers the net revenues from the excise tax to such Fund. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to increase the tax on firearms."} | 1,172 | 83 | 0.471572 | 1.120253 | 0.341775 | 4.875 | 15.890625 | 0.9375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Still Saving Women's Lives Act of
2002''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The renewed commitment of the world community to the
formulation of government policies that contribute to global
population stabilization and to improvements in the status of
women owes much to the efforts of the United Nations and its
specialized agencies and organizations, particularly the United
Nations Population Fund (hereinafter referred to as the
``UNFPA'').
(2) Over one-half of the UNFPA's assistance is devoted to
maternal and child health programs, including the provision of
family planning services, and it is a major supplier of modern
methods of contraception. UNFPA also supports efforts aimed at
preventing the spread of HIV/AIDS and other sexually-
transmitted diseases and activities aimed specifically at
enhancing the status of women.
(3) UNFPA does not fund abortion services, rather, UNFPA
seeks to reduce the incidence of abortion by improving access
to contraceptive services and to reduce deaths and injuries
related to unsafe abortion by supporting treatment of women
suffering from its complications.
(4) The United States contribution to UNFPA last year
provided an estimated 870,000 women in the developing world
with effective modern contraception, thereby preventing 500,000
unintended pregnancies, 200,000 abortions, and thousands of
maternal and child deaths.
(5) Many global environmental problems, including water
shortages, pollution, tropical deforestation, and the loss of
wildlife habitat are linked to rapid population growth. UNFPA
has assisted countries around the world plan for and slow
population growth, thereby reducing its effects on the
environment.
(6) Assistance provided by UNFPA conforms to the principle,
affirmed at the 1994 International Conference on Population and
Development by 180 nations, including the United States, that
``all couples and individuals have the basic right to decide
freely and responsibly the number and spacing of their children
and to have the information, education, and means to do so.''.
(7) UNFPA opposes coercion in any form. All of UNFPA's
programs are designed in conformity with universally recognized
human rights principles.
(8) An appropriate way to express the legitimate concerns
of the United States Government about the population policies
of the People's Republic of China is by placing those concerns
on the bilateral agenda along with other important human rights
issues, not by singling out a United Nations agency by
withholding all funding thereby punishing the women and
families around the world who depend on its humanitarian aid.
(9) UNFPA plays a constructive role in helping to reduce
the incidence of coercive practices in China through its
country program which has been successful in eliminating
targets and quotas and promoting voluntary family planning and
informed consent in the 32 program counties. By improving
contraceptive method choice, expanding the range of
reproductive health services, and enhancing the status of
women, the UNFPA country program will help to enable the
Chinese to implement the human rights approach of the
International Conference on Population and Development.
(10) The United States Government provided a voluntary
contribution of $21,500,000 to UNFPA for fiscal year 2001 and
President Bush's budget request for fiscal year 2002 allocated
$25,000,000 for UNFPA.
(11) In the winter of 2001, the Secretary of State
submitted written testimony to the Committee on Foreign
Relations of the Senate expressing support for the invaluable
work of UNFPA and for securing funding for the organization.
(12) The United States Government, as part of its efforts
to improve the dire health conditions of Afghan women, pledged
in October 2001 an additional $600,000 to UNFPA to address the
reproductive health care needs of Afghan refugees in
surrounding nations and of the internally displaced within
Afghanistan.
(13) Congress demonstrated its strong bipartisan support
for a voluntary United States contribution to UNFPA of up to
$34,000,000 in adopting the fiscal year 2002 foreign operations
appropriations bill, which was passed by the House of
Representatives on a vote of 357 to 66 and by the Senate by
unanimous consent and signed into law (Public Law 107-115) by
the President on January 10, 2002. The President decided not to
obligate the funds.
(14) On February 12, 2002, Representatives Hastert, Armey,
and Delay sent a letter to the President urging him to
investigate UNFPA programs in China and urging him to stop
funds from going to China.
(15) In May 2002, the President sent a 3-person delegation,
including Ambassador (retired) William A. Brown, Ms. Bonnie L.
Glick, and Dr. Theodore G. Tong, to investigate UNFPA programs
in China and allegations that the agency was involved in
coercive abortion practices.
(16) This independent team returned and concluded that the
allegations were untrue.
(17) On May 29, 2002, the team sent a letter to Secretary
of State Colin Powell stating the following:
``First Finding: We find no evidence that UNFPA has
knowingly supported or participated in the management
of a program of coercive abortion or involuntary
sterilization in the PRC.
``First Recommendation: We therefore recommend that
not more than $34,000,000 which has already been
appropriated be released to UNFPA.''.
(18) Regrettably, the Administration overruled the
recommendation of its own delegation and invoked an overly
broad interpretation of the law in order to eliminate funding
for UNFPA. This bill is a response to this harmful decision.
SEC. 3. PERMANENT GUIDELINES FOR UNITED STATES VOLUNTARY CONTRIBUTIONS
TO THE UNFPA.
Section 301 of the Foreign Assistance Act of 1961 (22 U.S.C. 2221)
is amended by inserting after subsection (a) the following new
subsection:
``(b) For fiscal years after fiscal year 2002, funds appropriated
to the President or the Department of State under any law for a
voluntary contribution to the United Nations Population Fund (UNFPA)
and funds appropriated to the President or the Department of State
under any law and available only for a voluntary contribution to the
UNFPA shall be obligated and expended for such purpose not more than 30
days after such funds become available unless the President certifies
that the UNFPA performs coercive abortions or involuntary
sterilizations. The certification authority of the President under this
subsection may not be delegated.''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR UNITED STATES VOLUNTARY
CONTRIBUTIONS TO THE UNFPA.
In addition to amounts otherwise authorized to be appropriated to
carry out the purposes of chapter 3 of part 1 of the Foreign Assistance
Act of 1961, there are authorized to be appropriated $50,000,000 for
the fiscal year 2003 for United States voluntary contributions to the
UNFPA. | Still Saving Women's Lives Act of 2002 - Amends the Foreign Assistance Act of 1961 to set forth permanent guidelines for U.S. voluntary contributions to the United Nations Population Fund (UNFPA) by requiring such contributions to be obligated and expended not more than 30 days after they become available unless the President certifies that the UNFPA performs coercive abortions or involuntary sterilizations. Authorizes appropriations for FY 2003 for U.S. voluntary contributions to the UNFPA. | {"src": "billsum_train", "title": "To amend the Foreign Assistance Act of 1961 to provide for permanent guidelines for United States voluntary contributions to the United Nations Population Fund (UNFPA)."} | 1,494 | 116 | 0.424785 | 1.149635 | 0.519569 | 4.253165 | 17.303797 | 0.886076 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expanding Research for Women in
Trauma Act of 2002''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Most studies of violence against women currently focus
on physical abuse or rape, primarily because they are easier to
identify and measure and are potentially lethal, however,
almost all battered women describe psychological abuse as the
most harmful.
(2) Much of the research on violence against women has not
focused on nontraditional populations, although available data
shows that incarcerated women, women living in poverty, women
belonging to minority ethnic and language groups, older women,
and women with mental and physical disabilities report
especially high rates of victimization.
(3) Victims of violence are at increased risk for a number
of physical and mental health problems, for example, in primary
care practice, women who have been raped report more symptoms
of illness and more negative health behaviors than
nonvictimized women.
(4) Effective methods for screening to identify women
affected by violence are prerequisite to understanding the
outcomes of abuse-sensitive medical care, for example, the
effect of medical attention to violence on perceived health
utilization of health services over time, and patient
satisfaction.
(5) Violence against women occurs in a sociocultural
context. More research should be conducted to identify
sociocultural factors that promote and maintain violence
against women and to learn how sociocultural factors, such as
gender roles and poverty, mediate the effects of interpersonal
victimization.
(6) There are a number of community-based and legal system
interventions available to victims of interpersonal violence.
However, there is little evaluation research on the
effectiveness of these interventions, especially for various
subpopulations of women. More research needs to be conducted on
the effectiveness of legal and community-based interventions,
not only those with the goal of changing the behavior of
assailants but also those with the goal of helping women take
safety-promoting actions.
(7) Much of the research on violence against women examines
continuing rates of physical or psychological abuse as outcome
measures and measures the behavior of the perpetrators, not
something over which the woman has direct and immediate
control. However, research on the women's attempts to manage
and end the violence in their lives is rare.
(8) Much of the extant research has focused on violence
against women in the streets (sexual assault) or in their homes
(domestic violence, battering, or marital rape). However,
consistent focus on violence against women in work-related and
educational contexts has been more limited.
SEC. 3. RESEARCH INITIATIVES.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following:
``SEC. 399O. VIOLENCE PREVENTION RESEARCH INITIATIVES.
``(a) In General.--The Secretary, in consultation with the Director
of the Centers for Disease Control and Prevention, the Director of the
National Institute of Mental Health, the Director of the Office of
Research on Women's Health, the Director of the Office of Women's
Health, the Director of the National Institute of Drug Abuse, and the
Director of the National Institute of Alcohol Abuse and Alcoholism,
shall make grants and enter into contracts to--
``(1) increase research on the psychological sequelae of
violence against women;
``(2) expand research on special populations and their risk
for violence, including adolescents, older women, ethnic
minorities, women with disabilities, and other affected
populations;
``(3) increase research on violence against women as a risk
factor for various mental and physical health problems;
``(4) develop and test effective methods of screening for
violence in all points of entry to the health care system,
including mental health, emergency medicine, and primary care;
``(5) expand and enhance research on sociocultural
correlates of violence, such as the factors that create the
predisposition toward violent behavior, situational variables
that trigger the expression of violence, and social processes
that allow violence to continue without negative consequences
to the perpetrator;
``(6) develop systematic and quantifiable measures to
evaluate treatment programs and prevention strategies for
victims and perpetrators of violence;
``(7) conduct research to increase better understanding of
the complex process victimized women go through in attempting
to manage and end the violence in their lives and focus on
resilience and coping mechanisms; and
``(8) develop standardized questions concerning rape,
battering, and sexual harassment in work-related and
educational contexts to be routinely included in governmentally
sponsored national surveys in order to obtain a fuller and more
accurate assessment of the nature, prevalence, and effect of
multiple forms of violence against women in these settings.
``(b) Maximum Amount.--The Secretary shall not award a grant under
this section in an amount which exceeds $500,000.
``(c) Duration.--The Secretary shall award grants under this
section for a period not to exceed 5 years.
``(d) Application.--
``(1) In general.--Each eligible entity desiring a grant
under this section shall submit an application to the Secretary
at such time, in such manner, and accompanied by such
information as the Secretary may reasonably require.
``(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
``(A) describe the activities for which assistance
under this section is sought; and
``(B) provide such additional assurances as the
Secretary determines to be essential to ensure
compliance with the requirements of this section.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated $50,000,000 for fiscal year 2003 and such sums as may be
necessary for each of the fiscal years 2004, 2005, and 2006 to carry
out the provisions of this section.''. | Expanding Research for Women in Trauma Act of 2002 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to: (1) increase and expand specified violence prevention research initiatives that focus upon violence against women and special populations including adolescents and ethnic minorities; and (2) award grants for such programs for a maximum five-year period. | {"src": "billsum_train", "title": "A bill to expand research for women in trauma."} | 1,254 | 74 | 0.45984 | 1.208554 | 0.350784 | 2.385714 | 17.428571 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Citizen Legislature and Political
Freedom Act''.
SEC. 2. REMOVAL OF LIMITATIONS ON FEDERAL ELECTION CAMPAIGN
CONTRIBUTIONS.
Section 315(a) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(a)) is amended by adding at the end the following new
paragraph:
``(9) The limitations established under this subsection shall not
apply to contributions made during calendar years beginning after
2000.''.
SEC. 3. TERMINATION OF TAXPAYER FINANCING OF PRESIDENTIAL ELECTION
CAMPAIGNS.
(a) Termination of Designation of Income Tax Payments.--Section
6096 of the Internal Revenue Code of 1986 is amended by adding at the
end the following new subsection:
``(d) Termination.--This section shall not apply to taxable years
beginning after December 31, 1999.''
(b) Termination of Fund and Account.--
(1) Termination of presidential election campaign fund.--
(A) In general.--Chapter 95 of subtitle H of such
Code is amended by adding at the end the following new
section:
``SEC. 9014. TERMINATION.
The provisions of this chapter shall not apply with respect to any
presidential election (or any presidential nominating convention) after
December 31, 2000, or to any candidate in such an election.''
(B) Transfer of excess funds to general fund.--
Section 9006 of such Code is amended by adding at the
end the following new subsection:
``(d) Transfer of Funds Remaining After 1998.--The Secretary shall
transfer all amounts in the fund after December 31, 2000, to the
general fund of the Treasury.''
(2) Termination of account.--Chapter 96 of subtitle H of
such Code is amended by adding at the end the following new
section:
``SEC. 9043. TERMINATION.
The provisions of this chapter shall not apply to any candidate
with respect to any presidential election after December 31, 2000.''
(c) Clerical Amendments.--
(1) The table of sections for chapter 95 of subtitle H of
such Code is amended by adding at the end the following new
item:
``Sec. 9014. Termination.''
(2) The table of sections for chapter 96 of subtitle H of
such Code is amended by adding at the end the following new
item:
``Sec. 9043. Termination.''
SEC. 4. DISCLOSURE REQUIREMENTS FOR CERTAIN SOFT MONEY EXPENDITURES OF
POLITICAL PARTIES.
(a) Transfers of Funds by National Political Parties.--Section
304(b)(4) of the Federal Election Campaign Act of 1971 (2 U.S.C.
434(b)(4)) is amended--
(1) by striking ``and'' at the end of subparagraph (H);
(2) by adding ``and'' at the end of subparagraph (I); and
(3) by adding at the end the following new subparagraph:
``(J) in the case of a political committee of a
national political party, all funds transferred to any
political committee of a State or local political
party, without regard to whether or not the funds are
otherwise treated as contributions or expenditures
under this title;''.
(b) Disclosure by State and Local Political Parties of Information
Reported Under State Law.--Section 304 of such Act (2 U.S.C. 434) is
amended by adding at the end the following new subsection:
``(d) If a political committee of a State or local political party
is required under a State or local law, rule, or regulation to submit a
report on its disbursements to an entity of the State or local
government, the committee shall file a copy of the report with the
Commission at the time it submits the report to such an entity.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections occurring after January 2001.
SEC. 5. PROMOTING EXPEDITED AVAILABILITY OF FEC REPORTS.
(a) Mandatory Electronic Filing.--Section 304(a)(11)(A) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(11)(A)) is
amended by striking ``permit reports required by'' and inserting
``require reports under''.
(b) Requiring Reports for All Contributions Made to Any Political
Committee Within 90 Days of Election; Requiring Reports To Be Made
Within 24 Hours.--Section 304(a)(6) of such Act (2 U.S.C. 434(a)(6)) is
amended to read as follows:
``(6)(A) Each political committee shall notify the Secretary or the
Commission, and the Secretary of State, as appropriate, in writing, of
any contribution received by the committee during the period which
begins on the 90th day before an election and ends at the time the
polls close for such election. This notification shall be made within
24 hours (or, if earlier, by midnight of the day on which the
contribution is deposited) after the receipt of such contribution and
shall include the name of the candidate involved (as appropriate) and
the office sought by the candidate, the identification of the
contributor, and the date of receipt and amount of the contribution.
``(B) The notification required under this paragraph shall be in
addition to all other reporting requirements under this Act.''.
(c) Increasing Electronic Disclosure.--Section 304 of such Act (2
U.S.C. 434(a)), as amended by section 4(b), is further amended by
adding at the end the following new subsection:
``(e)(1) The Commission shall make the information contained in the
reports submitted under this section available on the Internet and
publicly available at the offices of the Commission as soon as
practicable (but in no case later than 24 hours) after the information
is received by the Commission.
``(2) In this subsection, the term `Internet' means the
international computer network of both Federal and non-Federal
interoperable packet-switched data networks.''.
(d) Effective Date.--The amendment made by this section shall apply
with respect to reports for periods beginning on or after January 1,
2001.
SEC. 6. WAIVER OF ``BEST EFFORTS'' EXCEPTION FOR INFORMATION ON
IDENTIFICATION OF CONTRIBUTORS.
(a) In General.--Section 302(i) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 432(i)) is amended--
(1) by striking ``(i) When the treasurer'' and inserting
``(i)(1) Except as provided in paragraph (2), when the
treasurer''; and
(2) by adding at the end the following new paragraph:
``(2) Paragraph (1) shall not apply with respect to information
regarding the identification of any person who makes a contribution or
contributions aggregating more than $200 during a calendar year (as
required to be provided under subsection (c)(3)).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to persons making contributions for elections
occurring after January 2001. | Amends the Internal Revenue Code to terminate after December 31, 1999, the designation of income tax payments to the Presidential Election Campaign Fund. Terminates the Fund itself and the Presidential Primary Matching Payment Account after December 31, 2000, and transfers any amounts remaining in the Fund to the general fund of the Treasury.
Amends FECA, in the case of a political committee of a national political party, to require reports of all funds transferred to any political committee of a State or local political party, without regard to whether or not the funds are otherwise treated as contributions or expenditures under such Act (soft money). Requires any political committee of a State or local political party to file with the Federal Election Commission (FEC) a copy of any report on disbursements it is required under a State or local law, rule, or regulation to submit to the State or local government.
Directs the FEC to make electronic filing of reports mandatory.
Revises current deadlines for notification of contributions by a campaign committee. Applies such deadlines to each campaign committee of a candidate, not (as currently) just the principal campaign committee. Requires each political committee to notify, in writing, the appropriate office of any contribution (currently, of $1,000 or more) received by the committee during the period which begins on the 90th day before an election (currently, after the 20th day after, but more than 48 hours before, an election) and ends at the time the polls close for such election. Requires such notification to be made within 24 hours (or, if earlier, by midnight of the day on which the contribution is deposited) (currently, within 48 hours) after receipt of the contribution.
Requires the FEC to make report information available on the Internet and at FEC offices as soon as practicable after its receipt.
Declares that the "best efforts" exception to noncompliance with FECA shall not apply with respect to information regarding the identification of any contributor of more than $200 in the aggregate during a calendar year (thus requiring strict observance of reporting deadlines for all such contributions). | {"src": "billsum_train", "title": "Citizen Legislature and Political Freedom Act"} | 1,653 | 459 | 0.518244 | 1.727823 | 0.702757 | 4.066832 | 3.497525 | 0.893564 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Interstate Transportation of
Dangerous Criminals Act of 2000'' or ``Jeanna's Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Increasingly, States are turning to private prisoner
transport companies as an alternative to their own personnel or the
United States Marshals Service when transporting violent prisoners.
(2) The transport process can last for days if not weeks, as
violent prisoners are dropped off and picked up at a network of
hubs across the country.
(3) Escapes by violent prisoners during transport by private
prisoner transport companies have occurred.
(4) Oversight by the Attorney General is required to address
these problems.
(5) While most governmental entities may prefer to use, and
will continue to use, fully trained and sworn law enforcement
officers when transporting violent prisoners, fiscal or logistical
concerns may make the use of highly specialized private prisoner
transport companies an option. Nothing in this Act should be
construed to mean that governmental entities should contract with
private prisoner transport companies to move violent prisoners;
however when a government entity opts to use a private prisoner
transport company to move violent prisoners, then the company
should be subject to regulation in order to enhance public safety.
SEC. 3. DEFINITIONS.
In this Act:
(1) Crime of violence.--The term ``crime of violence'' has the
same meaning as in section 924(c)(3) of title 18, United States
Code.
(2) Private prisoner transport company.--The term ``private
prisoner transport company'' means any entity, other than the
United States, a State, or an inferior political subdivision of a
State, which engages in the business of the transporting for
compensation, individuals committed to the custody of any State or
of an inferior political subdivision of a State, or any attempt
thereof.
(3) Violent prisoner.--The term ``violent prisoner'' means any
individual in the custody of a State or an inferior political
subdivision of a State who has previously been convicted of or is
currently charged with a crime of violence or any similar statute
of a State or the inferior political subdivisions of a State, or
any attempt thereof.
SEC. 4. FEDERAL REGULATION OF PRISONER TRANSPORT COMPANIES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Attorney General, in consultation with the
American Correctional Association and the private prisoner transport
industry, shall promulgate regulations relating to the transportation
of violent prisoners in or affecting interstate commerce.
(b) Standards and Requirements.--The regulations shall include the
following:
(1) Minimum standards for background checks and preemployment
drug testing for potential employees, including requiring criminal
background checks, to disqualify persons with a felony conviction
or domestic violence conviction as defined by section 921 of title
18, United States Code, for eligibility for employment.
Preemployment drug testing will be in accordance with applicable
State laws.
(2) Minimum standards for the length and type of training that
employees must undergo before they can transport prisoners not to
exceed 100 hours of preservice training focusing on the
transportation of prisoners. Training shall be in the areas of use
of restraints, searches, use of force, including use of appropriate
weapons and firearms, CPR, map reading, and defensive driving.
(3) Restrictions on the number of hours that employees can be
on duty during a given time period. Such restriction shall not be
more stringent than current applicable rules and regulations
concerning hours of service promulgated under the Federal Motor
Vehicle Safety Act.
(4) Minimum standards for the number of personnel that must
supervise violent prisoners. Such standards shall provide the
transport entity with appropriate discretion, and, absent more
restrictive requirements contracted for by the procuring government
entity, shall not exceed a requirement of 1 agent for every 6
violent prisoners.
(5) Minimum standards for employee uniforms and identification
that require wearing of a uniform with a badge or insignia
identifying the employee as a transportation officer.
(6) Standards establishing categories of violent prisoners
required to wear brightly colored clothing clearly identifying them
as prisoners, when appropriate.
(7) Minimum requirements for the restraints that must be used
when transporting violent prisoners, to include leg shackles and
double-locked handcuffs, when appropriate.
(8) A requirement that when transporting violent prisoners,
private prisoner transport companies notify local law enforcement
officials 24 hours in advance of any scheduled stops in their
jurisdiction.
(9) A requirement that in the event of an escape by a violent
prisoner, private prisoner transport company officials shall
immediately notify appropriate law enforcement officials in the
jurisdiction where the escape occurs, and the governmental entity
that contracted with the private prisoner transport company for the
transport of the escaped violent prisoner.
(10) Minimum standards for the safety of violent prisoners in
accordance with applicable Federal and State law.
(c) Federal Standards.--Except for the requirements of subsection
(b)(6), the regulations promulgated under this Act shall not provide
stricter standards with respect to private prisoner transport companies
than are applicable, without exception, to the United States Marshals
Service, Federal Bureau of Prisons, and the Immigration and
Naturalization Service when transporting violent prisoners under
comparable circumstances.
SEC. 5. ENFORCEMENT.
Any person who is found in violation of the regulations established
by this Act shall--
(1) be liable to the United States for a civil penalty in an
amount not to exceed $10,000 for each violation and, in addition,
to the United States for the costs of prosecution; and
(2) make restitution to any entity of the United States, of a
State, or of an inferior political subdivision of a State, which
expends funds for the purpose of apprehending any violent prisoner
who escapes from a prisoner transport company as the result, in
whole or in part, of a violation of regulations promulgated
pursuant to section 4(a).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Requires that, with the exception of the violent prisoner clothing requirement, regulations promulgated under this Act shall not provide stricter standards with respect to companies than are applicable to the United States Marshals Service, the Federal Bureau of Prisons, and the Immigration and Naturalization Service when transporting violent prisoners under comparable circumstances.
(Sec. 5) Provides civil penalties of $10,000 for each violation of such regulations, in addition to the costs of prosecution. Mandates restitution to any entity of the United States, a State, or a subdivision thereof, which expends funds for the purpose of apprehending any violent prisoner who escapes from a company as the result of a violation of regulations promulgated under this Act. | {"src": "billsum_train", "title": "Interstate Transportation of Dangerous Criminals Act of 2000"} | 1,318 | 162 | 0.561155 | 1.66703 | 0.709646 | 4.740458 | 9.534351 | 0.969466 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reciprocal Access to Tibet Act of
2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Government of the People's Republic of China does
not grant United States officials, journalists, and other
citizens access to China on a basis that is reciprocal to the
access that the Government of the United States grants Chinese
officials, journalists, and citizens.
(2) The Government of China imposes greater restrictions on
travel to Tibetan areas than to other areas of China.
(3) Officials of China have stated that Tibet is open to
foreign visitors.
(4) The Government of China is promoting tourism in Tibetan
areas, and at the Sixth Tibet Work Forum in August 2015,
Premier Li Keqiang called for Tibet to build ``major world
tourism destinations''.
(5) The Government of China requires foreigners to obtain
permission from the Tibet Foreign and Overseas Affairs Office
or from the Tibet Tourism Bureau to enter the Tibet Autonomous
Region, a restriction that is not imposed on travel to any
other provincial-level jurisdiction in China.
(6) The Department of State reports that--
(A) officials of the Government of the United
States submitted 39 requests for diplomatic access to
the Tibet Autonomous Region between May 2011 and July
2015, but only four were granted; and
(B) when such requests are granted, diplomatic
personnel are closely supervised and given few
opportunities to meet local residents not approved by
authorities.
(7) The Government of China delayed United States consular
access for more than 48 hours after an October 28, 2013, bus
crash in the Tibet Autonomous Region, in which three citizens
of the United States died and more than a dozen others, all
from Walnut, California, were injured, undermining the ability
of the Government of the United States to provide consular
services to the victims and their families, and failing to meet
China's obligations under the Convention on Consular Relations,
done at Vienna April 24, 1963 (21 UST 77).
(8) Following a 2015 earthquake that trapped dozens of
citizens of the United States in the Tibet Autonomous Region,
the United States Consulate General in Chengdu faced
significant challenges in providing emergency consular
assistance due to a lack of consular access.
(9) The Country Reports on Human Rights Practices for 2015
of the Department of State stated ``With the exception of a few
highly controlled trips, the Chinese government also denied
multiple requests by foreign diplomats for permission to visit
the TAR.''.
(10) Tibetan-Americans, attempting to visit their homeland,
report having to undergo a discriminatory visa application
process, different from what is typically required, at the
Chinese embassy and consulates in the United States, and often
find their requests to travel denied.
(11) The Country Reports on Human Rights Practices for 2016
of the Department of State stated ``The few visits to the TAR
by diplomats and journalists that were allowed were tightly
controlled by local authorities.''.
(12) A September 2016 article in the Washington Post
reported that ``The Tibet Autonomous Region . . . is harder to
visit as a journalist than North Korea.''.
(13) The Government of China has failed to respond
positively to requests from the Government of the United States
to open a consulate in Lhasa, Tibet Autonomous Region.
(14) The Foreign Correspondents Club of China reports
that--
(A) 2008 rules prevent foreign reporters from
visiting the Tibet Autonomous Region without prior
permission from the Government of such Region;
(B) such permission has only rarely been granted;
and
(C) although the 2008 rules allow journalists to
travel freely in other parts of China, Tibetan areas
outside such Region remain ``effectively off-limits to
foreign reporters''.
(15) The Department of State reports that in addition to
having to obtain permission to enter the Tibet Autonomous
Region, foreign tourists--
(A) must be accompanied at all times by a
government-designated tour guide;
(B) are rarely granted permission to enter the
region by road;
(C) are largely barred from visiting around the
March anniversary of a 1959 Tibetan uprising; and
(D) are banned from visiting the area where Larung
Gar, the world's largest center for the study of
Tibetan Buddhism, and the site of a large-scale
campaign to expel students and demolish living
quarters, is located.
(16) Foreign visitors also face restrictions in their
ability to travel freely in Tibetan areas outside the Tibet
Autonomous Region.
(17) The Government of the United States generally allows
journalists and other citizens of China to travel freely within
the United States. The Government of the United States requires
diplomats from China to notify the Department of State of their
travel plans, and in certain situations, the Government of the
United States requires such diplomats to obtain approval from
the Department of State before travel. However, where approval
is required, it is almost always granted expeditiously.
(18) The United States regularly grants visas to Chinese
officials, scholars, and others who travel to the United States
to discuss, promote, and display the perspective of the
Government of China on the situation in Tibetan areas, even as
the Government of China restricts the ability of citizens of
the United States to travel to Tibetan areas to gain their own
perspective.
(19) Chinese diplomats based in the United States generally
avail themselves of the freedom to travel to United States
cities and lobby city councils, mayors, and governors to
refrain from passing resolutions, issuing proclamations, or
making statements of concern on Tibet.
(20) The Government of China characterizes statements made
by officials of the United States about the situation in
Tibetan areas as inappropriate interference in the internal
affairs of China.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the
Committee on the Judiciary of the Senate; and
(B) the Committee on Foreign Affairs and the
Committee on the Judiciary of the House of
Representatives.
(2) Senior leadership positions.--The term ``senior
leadership positions'' means--
(A) at the national level, the Chairperson of the
National Committee of the Chinese People's Political
Consultative Conference and the Head and Deputy Heads
of the Communist Party Central Committee's United Front
Work Department;
(B) at the sub-national level--
(i) members of the Communist Party Standing
Committee of the Tibet Autonomous Region;
(ii) the Director of the Tibet Autonomous
Region Tourism Bureau;
(iii) the heads of United Front Work
Departments of Sichuan, Qinghai, Gansu, and
Yunnan Provinces; and
(iv) members of the Communist Party
Standing Committees of the areas listed under
paragraph (3)(B); and
(C) any other individual determined by the
Secretary of State to be personally and substantially
involved in the formulation or execution of policies
related to access for foreigners to Tibetan areas.
(3) Tibetan areas.--The term ``Tibetan areas'' includes--
(A) the Tibet Autonomous Region; and
(B) the areas that the Chinese Government
designates as Tibetan Autonomous, as follows:
(i) Kanlho (Gannan) Tibetan Autonomous
Prefecture, and Pari (Tianzhu) Tibetan
Autonomous County located in Gansu Province.
(ii) Golog (Guoluo) Tibetan Autonomous
Prefecture, Malho (Huangnan) Tibetan Autonomous
Prefecture, Tsojang (Haibei) Tibetan Autonomous
Prefecture, Tsolho (Hainan) Tibetan Autonomous
Prefecture, Tsonub (Haixi) Mongolian and
Tibetan Autonomous Prefecture, and Yulshul
(Yushu) Tibetan Autonomous Prefecture, located
in Qinghai Province.
(iii) Garze (Ganzi) Tibetan Autonomous
Prefecture, Ngawa (Aba) Tibetan and Qiang
Autonomous Prefecture, and Muli (Mili) Tibetan
Autonomous County, located in Sichuan Province.
(iv) Dechen (Diqing) Tibetan Autonomous
Prefecture, located in Yunnan Province.
SEC. 4. ANNUAL REPORT.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter, the Secretary of State
shall submit to the appropriate congressional committees a report that
includes--
(1) an assessment of the level of access Chinese
authorities granted diplomats, journalists, and tourists from
the United States to Tibetan areas, including--
(A) a comparison with the level of access granted
to other areas of China;
(B) a comparison between the levels of access
granted to Tibetan and non-Tibetan areas in relevant
provinces;
(C) a comparison of the level of access in the
reporting year and the previous reporting year; and
(D) a description of the required permits and other
measures that impede the freedom to travel in Tibetan
areas; and
(2) a list of each individual who holds a senior leadership
position.
(b) Public Availability.--The report required under subsection (a)
shall be made available to the public on the website of the Department
of State.
SEC. 5. INADMISSIBILITY OF CERTAIN ALIENS.
(a) Ineligibility for Visas.--No individual who is included on the
most recent list required under section 4(a)(2) may be eligible to
receive a visa to enter the United States or be admitted to the United
States if the Secretary of State determines that--
(1)(A) the requirement for specific official permission for
foreigners to enter the Tibetan Autonomous Region remains in
effect; or
(B) such requirement has been replaced by a regulation that
has a similar effect and requires foreign travelers to gain a
level of permission to enter the Tibet Autonomous Region that
is not required for travel to other provinces in China; and
(2) restrictions on travel by officials, journalists, and
citizens of the United States to areas designated as ``Tibetan
Autonomous'' in the provinces of Sichuan, Qinghai, Yunnan, and
Gansu of China are greater than any restrictions on travel by
such officials and citizens to areas in such provinces that are
not so designated.
(b) Current Visas Revoked.--The Secretary of State shall revoke, in
accordance with section 221(i) of the Immigration and Nationality Act
(8 U.S.C. 1201(i)), the visa or other documentation to enter or be
present in the United States issued for an alien who would be
ineligible to receive such a visa or documentation under subsection
(a).
(c) Waiver for National Interests.--
(1) In general.--The Secretary of State may waive the
application of subsection (a) or (b) in the case of an alien if
the Secretary determines that such a waiver--
(A) is necessary to permit the United States to
comply with the Agreement Regarding the Headquarters of
the United Nations, signed at Lake Success June 26,
1947, and entered into force November 21, 1947 (TIAS
1676), or any other applicable international obligation
of the United States; or
(B) is in the national security interests of the
United States.
(2) Notification.--Upon granting a waiver under paragraph
(1), the Secretary of State shall submit to the appropriate
congressional committees a document detailing the evidence and
justification for the necessity of such waiver, including, if
such waiver is granted pursuant to paragraph (1)(B), how such
waiver relates to the national security interests of the United
States.
SEC. 6. SENSE OF CONGRESS ON VISA POLICY.
(a) Finding.--Congress finds that reciprocity forms the basis of
diplomatic law and the practice of mutual exchanges between countries.
(b) Sense of Congress.--It is the sense of Congress that--
(1) a country should give equivalent consular access to the
nationals of a foreign country in a manner that is reciprocal
to the consular access granted by such foreign country to
citizens of the country; and
(2) the Secretary of State, when granting diplomats from
China access to parts of the United States, should take into
account the extent to which the Government of China grants
diplomats from the United States access to parts of China,
including the level of access afforded to such diplomats to
Tibetan areas. | Reciprocal Access to Tibet Act of 2017 This bill requires the Department of State to submit an annual, publicly-available report to Congress that includes: (1) a list of individuals holding specified senior Chinese leadership positions at the national and subnational levels; and (2) an assessment of the level of access Chinese authorities granted U.S. diplomats, journalists, and tourists to Tibetan areas in China. Such assessment shall include: a comparison with the level of access granted to other areas of China, a comparison between the levels of access granted to Tibetan and non-Tibetan areas in relevant provinces, a comparison of the level of access in the reporting year and the previous year, and a description of the measures that impede the freedom to travel in Tibetan areas. Listed persons shall be ineligible for a visa to enter or to be present in the United States if specified restrictions on foreign travelers entering Tibetan areas remain in effect, subject to a national interests waiver. Expresses the sense of Congress that the State Department, when granting Chinese diplomats access to parts of the United States, should take into account the extent to which China grants U.S. diplomats access to parts of China, including the Tibetan areas. | {"src": "billsum_train", "title": "Reciprocal Access to Tibet Act of 2017"} | 2,750 | 259 | 0.592711 | 1.983337 | 0.749562 | 4.311966 | 10.811966 | 0.910256 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``African American Civil Rights
Network Act of 2015''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the African American civil rights movement includes
historic events, court decisions, and legislation, the goals of
which were--
(A) to end segregation based upon race;
(B) to end discrimination against African
Americans; and
(C) to ensure that African American citizens could
exercise their basic constitutional rights, including
the right to vote;
(2) the civil rights movement--
(A) helped bridge the divides of race, religion,
sectional differences, and nationality;
(B) spanned State lines; and
(C) joined the ideals of liberty and freedom
expressed in the Declaration of Independence, the
Constitution, and the Civil Rights Act of 1964 (42
U.S.C. 2000a et seq.) to the extraordinary actions of
ordinary men and women working in common purpose for
equal rights;
(3) the National Park Service and Organization of American
Historians conducted a theme study that identified and
interpreted sites related to the Civil Rights movement (Public
Law 106-113, Appendix C, ``The National Park System New Area of
Study Act of 2000'' [s. 1349]);
(4) in conducting the theme study referred to in paragraph
(3), the National Park Service and the Organization of American
Historians found that--
(A) although many sites relating to the African
American civil rights movement have been identified and
recognized in existing National Park System units--
(i) a number of sites relating to the
African American civil rights movement have not
been recognized;
(ii) many sites relating to the African
American civil rights movement are in imminent
danger of being lost or destroyed; and
(iii) many important resource types
relating to the African American civil rights
movement are not adequately represented and
protected;
(B) there are many important sites relating to the
African American civil rights movement that have high
potential for preservation and visitor use in a number
of States, the District of Columbia, and territories of
the United States;
(C) no single site completely reflects and
characterizes the African American civil rights
movement, since the story of, and resources associated
with, the African American civil rights movement
involve networks, regions, and territories of the
United States rather than individual sites; and
(D) the establishment of a variety of partnerships
among the Federal Government, State, and units of local
government, and the private sector would be most
appropriate for the protection, restoration, and
interpretation of the African American Civil Rights
Network;
(5) the National Park Service can play a vital role in
facilitating the creation and sustained success of the African
American Civil Rights Network; and
(6) the story and significance of the African American
civil rights movement can best engage the people of the United
States through a national program of the National Park Service
that links, in a unified and flexible manner--
(A) historic buildings, structures, and sites
relating to the African American civil rights movement;
(B) geographic areas relating to the African
American civil rights movement;
(C) interpretive centers, museums, and institutions
relating to the African American civil rights movement;
and
(D) programs, activities, community projects,
exhibits, and multimedia materials relating to the
African American civil rights movement.
(b) Purposes.--The purposes of this Act are--
(1) to recognize--
(A) the importance of the African American civil
rights movement; and
(B) the sacrifices made by the people who fought
against discrimination and segregation; and
(2) to authorize the National Park Service to coordinate
and facilitate Federal and non-Federal activities to
commemorate, honor, and interpret--
(A) the history of the African American civil
rights movement;
(B) the significance of the civil rights movement
as a crucial element in the evolution of the Civil
Rights Act of 1964 (42 U.S.C. 2000a et seq.); and
(C) the relevance of the African American civil
rights movement in fostering the spirit of social
justice and national reconciliation.
SEC. 3. U.S. CIVIL RIGHTS NETWORK PROGRAM.
(a) In General.--Subdivision 1 of Division B of subtitle III of
title 54, United States Code, is amended by inserting after chapter
3083 the following:
``CHAPTER 3084--U.S. CIVIL RIGHTS NETWORK
``Sec. 308401. Definition of network
``In this chapter, the term `Network' means the African American
Civil Rights Network established under section 308402(a).
``Sec. 308402. U.S. Civil Rights Network
``(a) In General.--The Secretary shall establish, within the
Service, a program to be known as the `U.S. Civil Rights Network'.
``(b) Duties of Secretary.--In carrying out the Network, the
Secretary shall--
``(1) review studies and reports to complement and not
duplicate studies of the historical importance of the African
American civil rights movement that may be underway or
completed, such as the Civil Rights Framework Study;
``(2) produce and disseminate appropriate educational
materials relating to the African American civil rights
movement, such as handbooks, maps, interpretive guides, or
electronic information;
``(3) enter into appropriate cooperative agreements and
memoranda of understanding to provide technical assistance
under subsection (c); and
``(4)(A) create and adopt an official, uniform symbol or
device for the Network; and
``(B) issue regulations for the use of the symbol or device
adopted under subparagraph (A).
``(c) Elements.--The Network shall encompass the following
elements:
``(1) All units and programs of the Service that are
determined by the Secretary to relate to the African American
civil rights movement during the period from 1939 through 1968.
``(2) Other Federal, State, local, and privately owned
properties that--
``(A) relate to the African American civil rights
movement;
``(B) have a verifiable connection to the African
American civil rights movement; and
``(C) are included in, or determined by the
Secretary to be eligible for inclusion in, the National
Register of Historic Places.
``(3) Other governmental and nongovernmental facilities and
programs of an educational, research, or interpretive nature
that are directly related to the African American civil rights
movement.
``Sec. 308403. Cooperative agreements and memoranda of understanding
``To achieve the purposes of this chapter and to ensure effective
coordination of the Federal and non-Federal elements of the Network
described in section 308402(c) with System units and programs of the
Service, the Secretary may enter into cooperative agreements and
memoranda of understanding with, and provide technical assistance to
the heads of other Federal agencies, States, units of local government,
regional governmental bodies, and private entities.''.
(b) Clerical Amendment.--The table of chapters for title 54, United
States Code, is amended by inserting after the item relating to chapter
3083 the following:
``3084. U.S. Civil Rights Network.''. | African American Civil Rights Network Act of 2015 This bill requires the Department of the Interior to establish within the National Park Service (NPS) a U.S. Civil Rights Network that encompasses: (1) all NPS units and programs that relate to the African American civil rights movement during the period from 1939 through 1968; (2) other federal, state, local, and privately owned properties that relate to the African American civil rights movement and that are included in, or eligible for, the National Register of Historic Places; and (3) other governmental and nongovernmental facilities and programs of an educational, research, or interpretive nature that are directly related to such movement. In carrying out the Network, Interior must: (1) review civil rights movement studies and reports that may already be underway or completed, such as the Civil Rights Framework Study; (2) produce and disseminate educational materials, such as handbooks, maps, interpretive guides, or electronic information; (3) provide technical assistance; and (4) adopt an official, uniform symbol or device for the Network and issue regulations for the symbol's use. | {"src": "billsum_train", "title": "African American Civil Rights Network Act of 2015"} | 1,584 | 223 | 0.596872 | 1.656236 | 0.719996 | 5.37037 | 7.023148 | 0.944444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consistency, Accuracy,
Responsibility, and Excellence in Medical Imaging and Radiation Therapy
Act of 2012''.
SEC. 2. PURPOSE.
The purpose of this Act is to improve the quality and value of
health care by increasing the safety and accuracy of medical imaging
examinations and radiation therapy procedures, thereby reducing
duplication of services and decreasing costs.
SEC. 3. QUALITY OF MEDICAL IMAGING AND RADIATION THERAPY.
Part F of title III of the Public Health Service Act (42 U.S.C. 262
et seq.) is amended by adding at the end the following:
``Subpart 4--Medical Imaging and Radiation Therapy
``SEC. 355. QUALITY OF MEDICAL IMAGING AND RADIATION THERAPY.
``(a) Qualified Personnel.--
``(1) In general.--Effective 42 months after the date of
enactment of this section, personnel who perform or plan the
technical component of either medical imaging examinations or
radiation therapy procedures for medical purposes shall be
fully qualified under this section to perform or plan such
services.
``(2) Qualifications.--Individuals qualified to perform or
plan the technical component of medical imaging examinations or
radiation therapy procedures shall--
``(A) possess current certification in the medical
imaging or radiation therapy modality or service they
plan or perform from a certification organization
designated under subsection (b); and
``(B) if a State requires the possession of
licensure, certification, or registration, possess
current State licensure or certifications where such
services and modalities are within the scope of
practice as defined by the State for such profession.
``(3) State licensure, certification, or registration.--
``(A) In general.--Nothing in this section shall be
construed to diminish the authority of a State to
define requirements for licensure, certification, or
registration, the requirements for practice, or the
scope of practice of personnel.
``(B) Limitation.--The Secretary shall not take any
action under this section that would require licensure
by a State of personnel who perform or plan the
technical component of medical imaging examinations or
radiation therapy procedures.
``(4) Exemptions.--
``(A) In general.--The qualification standards
described in this subsection and the payment provisions
in section 1848(b)(4)(E) of the Social Security Act
shall not apply to physicians (as defined in section
1861(r) of the Social Security Act (42 U.S.C.
1395x(r))) or to nurse practitioners and physician
assistants (each as defined in section 1861(aa)(5) of
the Social Security Act (42 U.S.C. 1395x(aa)(5))). Such
practitioners shall not be included under the terms
`personnel' or `qualified personnel' for purposes of
this section.
``(B) Individuals currently enrolled.--Individuals
currently enrolled in a nuclear medicine, radiation
therapy, or medical physicist training or certification
program as of the date the Secretary publishes the list
of approved certification organizations shall have 6
months from the date of completion of the training
program to become fully qualified as required under
subsection (a).
``(b) Designation of Certification Organizations.--
``(1) In general.--The Secretary shall establish a program
for designating medical imaging or radiation therapy
certification organizations that the Secretary determines have
established appropriate procedures and programs for certifying
personnel as qualified to furnish medical imaging or radiation
therapy services. In establishing such program, the Secretary
shall consult with professional organizations and recognized
experts in the technical component of medical imaging and
radiation therapy services.
``(2) Factors.--
``(A) In general.--When designating certification
organizations under this subsection, and when reviewing
or modifying the list of designated organizations for
the purposes of paragraph (4)(B), the Secretary--
``(i) shall consider--
``(I) whether the certification
organization has established a process
for the timely integration of new
medical imaging or radiation therapy
services into the organization's
certification program;
``(II) whether the certification
organization has established education
and continuing education requirements
for individuals certified by the
organization;
``(III) whether the certification
organization is a nonprofit
organization;
``(IV) whether the certification
organization requires completion of a
certification examination as a
prerequisite for certification; and
``(V) whether the certification
organization has been accredited by an
accrediting body (as defined in
subparagraph (B)) that is approved by
the Secretary; and
``(ii) may consider--
``(I) whether the certification
organization has established reasonable
fees to be charged to those applying
for certification; and
``(II) the ability of the
certification organization to review
applications for certification in a
timely manner.
``(B) Accrediting body.--For purposes of this
section, the term `accrediting body' means and
organization that--
``(i) is a nonprofit organization;
``(ii) is a national or international
organization with accreditation programs for
examinations leading to certification by
certification organizations; and
``(iii) has established standards for
recordkeeping and to minimize the possibility
of conflicts of interest.
``(3) Equivalent education, training, and experience.--
``(A) In general.--For purposes of this section,
the Secretary shall, through regulation, provide a
process for individuals whose training or experience
are determined to be equal to, or in excess of, those
of a graduate of an accredited educational program in
that specialty to demonstrate their experience meets
the educational standards for qualified personnel in
their imaging modality or radiation therapy procedures.
Such process may include documentation of items such
as--
``(i) years and type of experience;
``(ii) a list of settings where experience
was obtained; and
``(iii) verification of experience by
supervising physicians or clinically qualified
hospital personnel.
``(B) Eligibility.--The Secretary shall not
recognize any individual as having met the educational
standards applicable under this paragraph based on
experience pursuant to the authority of subparagraph
(A) unless such individual was performing or planning
the technical component of medical imaging examinations
or radiation therapy treatments prior to the date of
enactment of this section.
``(4) Process.--
``(A) Regulations.--Not later than 12 months after
the date of enactment of this section, the Secretary
shall promulgate regulations for designating
certification organizations pursuant to this
subsection.
``(B) Designations and list.--Not later than 18
months after the date of enactment of this section, the
Secretary shall make determinations regarding all
certification organizations that have applied for
designation pursuant to the regulations promulgated
under subparagraph (A), and shall publish a list of all
certification organizations that have received a
designation.
``(C) Periodic review and revision.--The Secretary
shall periodically review the list under subparagraph
(B), taking into account the factors established under
paragraph (2). After such review, the Secretary may, by
regulation, modify the list of certification
organizations that have received such designation.
``(D) Withdrawal of approval.--The Secretary may
withdraw the approval of a certification organization
listed under subparagraph (B) if the Secretary
determines that the body no longer meets the
requirements of subsection (b).
``(E) Certifications prior to removal from list.--
If the Secretary removes a certification organization
from the list of certification organizations designated
under subparagraph (B), any individual who was
certified by the certification organization during or
before the period beginning on the date on which the
certification organization was designated as a
certification organization under such subparagraph, and
ending 12 months from the date on which the
certification organization is removed from such list,
shall be considered to have been certified by a
certification organization designated by the Secretary
under such subparagraph for the remaining period that
such certification is in effect.
``(c) Alternative Standards for Rural and Underserved Areas.--The
chief executive officer of a State may submit to the Secretary a
statement declaring that the requirements described in subsection (a)
are inappropriate for application for medical imaging examinations or
radiation therapy procedures that are performed and planned in a
geographic area that is determined by the Medicare Geographic
Classification Review Board to be a `rural area' or that is designated
as a health professional shortage area. Upon receipt of such statement,
if the Secretary deems it appropriate, the Secretary may waive the
standards described in subsection (a) or develop alternative standards
for such rural areas or health professional shortage areas.
``(d) Rule of Construction.--Notwithstanding any other provision of
this section, individuals who provide medical imaging examinations
relating to mammograms shall continue to meet the regulations
applicable under the Mammography Quality Standards Act of 1992.
``(e) Definition.--As used in this section:
``(1) Medical imaging.--The term `medical imaging' means
any examination or procedure used to visualize tissues, organs,
or physiologic processes in humans for the purpose of
detecting, diagnosing, treating, or impacting the progression
of disease or illness. For purposes of this section, such term
does not include routine dental or ophthalmologic diagnostic
procedures or ultrasound guidance of vascular access
procedures.
``(2) Perform.--The term `perform', with respect to medical
imaging or radiation therapy, means--
``(A) the act of directly exposing a patient to
radiation, including ionizing or radio frequency
radiation, to ultrasound, or to a magnetic field for
purposes of medical imaging or for purposes of
radiation therapy; and
``(B) the act of positioning a patient to receive
such an exposure.
``(3) Plan.--The term `plan', with respect to medical
imaging or radiation therapy, means the act of preparing for
the performance of such a procedure on a patient by evaluating
site-specific information, based on measurement and
verification of radiation dose distribution, computer analysis,
or direct measurement of dose, in order to customize the
procedure for the patient.
``(4) Radiation therapy.--The term `radiation therapy'
means any procedure or article intended for use in the cure,
mitigation, treatment, or prevention of disease in humans that
achieves its intended purpose through the emission of ionizing
or non-ionizing radiation.''.
SEC. 4. STANDARDS FOR MEDICAL IMAGING AND RADIATION THERAPY.
Section 1848(b)(4) of the Social Security Act (42 U.S.C. 1395w-
4(b)(4)) is amended by adding at the end the following new
subparagraph:
``(E) Standards for medical imaging and radiation
therapy.--With respect to expenses incurred for the
planning and performing of the technical component of
medical imaging examinations or radiation therapy
procedures (as defined in subsection (f) of section 355
of the Public Health Service Act) furnished on or after
42 months after date of enactment of the Consistency,
Accuracy, Responsibility, and Excellence in Medical
Imaging and Radiation Therapy Act of 2012, payment
shall be made under this section only if the
examination or procedure is planned or performed by an
individual who meets the standards established by the
Secretary under such section 355.''.
SEC. 5. REPORT ON THE EFFECTS OF THIS ACT.
(a) In General.--Not later than 5 years after the date of enactment
of this Act, the Secretary of Health and Human Services, shall submit
to the Committee on Health, Education, Labor, and Pensions of the
Senate, the Committee on Finance of the Senate, and the Committee on
Energy and Commerce of the House of Representatives, a report on the
effects of this Act.
(b) Requirements.--The report under subsection (a) shall include
the types and numbers of individuals qualified to perform or plan the
technical component of medical imaging or radiation therapy services
for whom standards have been developed, the impact of such standards on
diagnostic accuracy and patient safety, and the availability and cost
of services. Entities reimbursed for technical services through
programs operating under the authority of the Secretary of Health and
Human Services shall be required to contribute data to such report. | Consistency, Accuracy, Responsibility, and Excellence in Medical Imaging and Radiation Therapy Act of 2012 - Amends the Public Health Service Act to require personnel who perform or plan the technical component of either medical imaging examinations or radiation therapy procedures for medical purposes to possess, effective 42 months after enactment of this Act: (1) certification in each medical imaging or radiation therapy modality and service they plan or perform from a certification organization designated under this Act; and (2) state licensure or certification where such services and modalities are within the scope of practice as defined by the state for such profession, if the state requires licensure, certification, or registration. Exempts physicians, nurse practitioners, and physician assistants from the requirements of this Act. Gives individuals who are enrolled in specified training or certification programs when the Secretary of Health and Human Services (HHS) publishes the list of approved certification organizations an additional six months from the date of completion of the training program to become fully qualified under this Act.
Directs the Secretary to: (1) establish a program for designating certification organizations after consideration of specified criteria; (2) provide a process for individuals whose training or experience is determined to be equal to, or in excess of, that of a graduate of an accredited educational program in that specialty to demonstrate that their experience meets the educational standards for qualified personnel in their imaging modality or radiation therapy procedures; and (3) publish a list of designated certification organizations. Authorizes the Secretary to waive standards under this Act or to develop alternative standards for rural or health professional shortage areas as appropriate.
Amends title XVIII (Medicare) of the Social Security Act to allow Medicare payment for medical imaging and radiation therapy services furnished on or after 42 months after enactment of this Act, only if the examination or procedure is planned or performed by an individual who meets this Act's requirements. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act and title XVIII of the Social Security Act to make the provision of technical services for medical imaging examinations and radiation therapy treatments safer, more accurate, and less costly."} | 2,731 | 399 | 0.708058 | 2.237556 | 0.916326 | 4.438889 | 6.947222 | 0.955556 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Internet Spyware (I-SPY) Prevention
Act of 2007''.
SEC. 2. PENALTIES FOR CERTAIN UNAUTHORIZED ACTIVITIES RELATING TO
COMPUTERS.
(a) In General.--Chapter 47 of title 18, United States Code, is
amended by inserting after section 1030 the following:
``Sec. 1030A. Illicit indirect use of protected computers
``(a) Whoever intentionally accesses a protected computer without
authorization, or exceeds authorized access to a protected computer, by
causing a computer program or code to be copied onto the protected
computer, and intentionally uses that program or code in furtherance of
another Federal criminal offense shall be fined under this title or
imprisoned not more than 5 years, or both.
``(b) Whoever intentionally accesses a protected computer without
authorization, or exceeds authorized access to a protected computer, by
causing a computer program or code to be copied onto the protected
computer, and by means of that program or code--
``(1) intentionally obtains, or transmits to another,
personal information with the intent to defraud or injure a
person or cause damage to a protected computer; or
``(2) intentionally impairs the security protection of the
protected computer with the intent to defraud or injure a
person or damage a protected computer;
shall be fined under this title or imprisoned not more than 2 years, or
both.
``(c) No person may bring a civil action under the law of any State
if such action is premised in whole or in part upon the defendant's
violating this section. For the purposes of this subsection, the term
`State' includes the District of Columbia, Puerto Rico, and any other
territory or possession of the United States.
``(d) As used in this section--
``(1) the terms `protected computer' and `exceeds
authorized access' have, respectively, the meanings given those
terms in section 1030; and
``(2) the term `personal information' means--
``(A) a first and last name;
``(B) a home or other physical address, including
street name;
``(C) an electronic mail address;
``(D) a telephone number;
``(E) a Social Security number, tax identification
number, drivers license number, passport number, or any
other government-issued identification number; or
``(F) a credit card or bank account number or any
password or access code associated with a credit card
or bank account.
``(e) This section does not prohibit any lawfully authorized
investigative, protective, or intelligence activity of a law
enforcement agency of the United States, a State, or a political
subdivision of a State, or of an intelligence agency of the United
States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 47 of title 18, United States Code, is amended by inserting
after the item relating to section 1030 the following new item:
``1030A. Illicit indirect use of protected computers.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
In addition to any other sums otherwise authorized to be
appropriated for this purpose, there are authorized to be appropriated
for each of fiscal years 2008 through 2011, the sum of $10,000,000 to
the Attorney General for prosecutions needed to discourage the use of
spyware and the practices commonly called phishing and pharming.
SEC. 4. FINDINGS AND SENSE OF CONGRESS CONCERNING THE ENFORCEMENT OF
CERTAIN CYBERCRIMES.
(a) Findings.--Congress makes the following findings:
(1) Software and electronic communications are increasingly
being used by criminals to invade individuals' and businesses'
computers without authorization.
(2) Two particularly egregious types of such schemes are
the use of spyware and phishing scams.
(3) These schemes are often used to obtain personal
information, such as bank account and credit card numbers,
which can then be used as a means to commit other types of
theft.
(4) In addition to the devastating damage that these
heinous activities can inflict on individuals and businesses,
they also undermine the confidence that citizens have in using
the Internet.
(5) The continued development of innovative technologies in
response to consumer demand is crucial in the fight against
spyware.
(b) Sense of Congress.--Because of the serious nature of these
offenses, and the Internet's unique importance in the daily lives of
citizens and in interstate commerce, it is the sense of Congress that
the Department of Justice should use the amendments made by this Act,
and all other available tools, vigorously to prosecute those who use
spyware to commit crimes and those that conduct phishing and pharming
scams.
Passed the House of Representatives May 22, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | Internet Spyware (I-SPY) Prevention Act of 2007 - (Sec. 2) Amends the federal criminal code to impose a fine and/or prison term of up to five years for intentionally accessing a protected computer (a computer exclusively for the use of a financial institution or the U.S. government or which is used in or affects interstate or foreign commerce or communication) without authorization, or exceeding authorized access, by causing a computer program or code to be copied onto the protected computer and intentionally using that program or code in furtherance of another federal criminal offense.
Imposes a fine and/or prison term of up to two years if such unauthorized access of a protected computer is for the purpose of: (1) intentionally obtaining or transmitting personal information (including a Social Security number or other government-issued identification number, a bank or credit card number, or an associated password or access code) with intent to defraud or injure a person or cause damage to a protected computer; or (2) intentionally impairing the security protection of a protected computer with the intent to defraud or injure a person or damage such computer.
Prohibits any person from bringing a civil action under state law premised upon the defendant's violating this Act.
Exempts any lawfully authorized investigative, protective, or intelligence activity of the United States, a state, or a local law enforcement agency or of an U.S. intelligence agency from the prohibitions of this Act.
(Sec. 3) Authorizes appropriations for FY2008-FY2011 to the Attorney General for prosecutions needed to discourage the use of spyware and practices commonly called phishing and pharming.
(Sec. 4) Expresses the sense of Congress that the Department of Justice should vigorously prosecute those who use spyware to commit crimes and those that conduct phishing and pharming scams. | {"src": "billsum_train", "title": "To amend title 18, United States Code, to discourage spyware, and for other purposes."} | 1,120 | 428 | 0.687547 | 2.149536 | 0.848561 | 4.055718 | 2.956012 | 0.894428 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Partnership for Professional Renewal
Act of 1997''.
SEC. 2. PURPOSE; ESTABLISHMENT OF PROGRAM.
Title V of the Higher Education Act of 1965 is amended by adding
the following new part:
``PART G--PARTNERSHIP FOR PROFESSIONAL RENEWAL
``SEC. 599A. PURPOSES.
``The purposes of this part are--
``(1) to make the public school a classroom for teachers in
training and provide school faculty with opportunities for
professional development; and
``(2) to encourage a communitywide commitment to public
education that uses students' homes, local neighborhoods,
businesses, and community organizations as education resources
and makes the Partnership for Professional Renewal a resource
to the community.
``SEC. 599B. APPLICATION REQUIREMENTS.
``(a) Application and Plan Required.--
``(1) In general.--Any institution of higher education
desiring to obtain a grant under this section shall submit to
the Secretary an application at such time, in such form, and
containing such information and assurances as the Secretary may
require by regulation.
``(2) Institution plan.--An application under this section
shall include a plan for the establishment of an ongoing
program that will provide training and technical support for
prospective teachers and classroom teachers.
``(b) Contents of Plan.--The institution of higher education plan
shall include information on--
``(1) the methods by which elementary and secondary schools
will be selected to participate in Partnerships for
Professional Renewal;
``(2) the duration for which the teacher-in-training will
be assigned to a classroom;
``(3) the methods by which consortia will be formed that
include representatives of--
``(A) institution of higher education teacher
training faculty;
``(B) local school faculty;
``(C) local school parents;
``(D) education technology expert;
``(E) local school administration;
``(F) local business; and
``(G) local community leaders;
``(4) the methods by which the consortium will be used--
``(A) to collaborate on the development of the
specific objectives of the partnership program; and
``(B) to encourage a communitywide commitment to
public education that uses students' homes, local
neighborhoods, businesses, and community organizations
as education resources and makes the Partnership for
Professional Renewal a resource to the community;
``(5) the methods by which postsecondary faculty will join
with classroom teachers to balance the theoretical and
practical aspects of teacher training for teachers-in-training;
``(6) the academic resources that the institution of higher
education will provide to offer the faculty of the elementary
or secondary school opportunities for professional development;
and
``(7) methods for sharing knowledge and ideas obtained at
one school with other teachers and students.
``SEC. 599C. SELECTION OF APPLICATIONS FOR AWARDS.
``(a) Selection Criteria.--The Secretary shall by regulation
establish criteria for the selection of applications for the award of
grants under this part. Such selection criteria shall--
``(1) be designed to identify those applications for awards
that best fulfill the purposes of this part;
``(2) require the Secretary to consider, in making such
awards, the need to provide both geographic diversity among
grant recipients and a diversity of types of participating
institutions of higher education;
``(3) give special attention to those plans which assign a
teacher-in-training to the same classroom for one full school
year, or more; and
``(4) include criteria based on the extent to which the
application best meets the requirements of paragraphs (4), (5),
(7), and (8) of section 599B(b).
``SEC. 599D. USE OF FUNDS.
``Funds received under a grant made pursuant to this part may be
used--
``(1) to hire a chief administrative officer to oversee
this program;
``(2) to advertise the existence of this program throughout
the region in which the postsecondary and elementary or
secondary schools are located;
``(3) to develop curriculum for the partnership and update
said curriculum as necessary;
``(4) to provide supplies and staff for the partnership;
``(5) to fund lifelong learning opportunities in
educational technology for the faculty of partner schools;
``(6) to provide professional development opportunities;
and
``(7) for other uses consistent with the purposes of this
part, as specifically stated in the plan submitted by the
institution of higher education and approved by the Secretary.
``SEC. 599E. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
such sums as may be necessary for fiscal year 1998 and each of the 4
succeeding fiscal years.''. | Partnership for Professional Renewal Act of 1997 - Amends the Higher Education Act of 1965 to establish the Partnership for Professional Renewal program under which the Secretary of Education may award grants to higher education institutions to create partnerships between them and elementary or secondary schools to establish an ongoing program of training and technical support for prospective teachers and classroom teachers. Requires applicant plans to provide for consortia of such institutions and schools and local faculty, parents, and business and community leaders to develop partnership objectives.
Authorizes appropriations. | {"src": "billsum_train", "title": "Partnership for Professional Renewal Act of 1997"} | 1,058 | 112 | 0.65991 | 1.6527 | 1.045267 | 2.395833 | 10.84375 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Maritime Regulatory Reform Act of
1994''.
SEC. 2. SAFETY MANAGEMENT AND ALTERNATIVE COMPLIANCE.
(a) Chapter 21 of title 46, United States Code, is amended by
adding a new section 2103a to read as follows:
``SEC. 2103a. SAFETY MANAGEMENT AND ALTERNATIVE COMPLIANCE.
``(a) To implement the International Management Code for the Safe
Operation of Ships and for Pollution Prevention adopted by the
International Maritime Organization and to establish voluntary
alternative compliance programs, the Secretary may prescribe
regulations governing the merchant marine of the United States,
merchant marine personnel, and shore-based management of vessels that
affect the safety of vessels and personnel subject to this subtitle and
marine pollution prevention. Compliance with regulations implementing
the International Management Code for the Safe Operation of Ships and
for Pollution Prevention shall be voluntary until the dates for
mandatory compliance provided for in the International Convention for
the Safety of life at Sea.
``(b) In implementing the International Management Code for the
Safe Operation of Ships and for Pollution Prevention and alternative
compliance programs established pursuant to this section, the Secretary
may establish optional regulatory requirements commensurate with the
level of quality control adopted by the shipowner or operator, provided
that an equivalent level of safety is maintained.
``(c) The Secretary may require vessel owners and operators to
maintain records and submit reports and other information which the
Secretary deems necessary to carry out the objectives of this
section.''.
(b) The table of sections for chapter 21 of title 46, United States
Code, is amended by inserting between the items relating to section
2103 and section 2104 the following:
``Sec. 2103a. Safety management and
alternative compliance.''.
SEC. 3. USE OF REPORTS, DOCUMENTS, AND CERTIFICATES.
(a) Chapter 31 of title 46, United States Code, is amended by
adding a new section 3103 to read as follows:
``SEC. 3103. USE OF REPORTS, DOCUMENTS, AND CERTIFICATES.
``In carrying out this part, the Secretary may utilize reports,
documents, and certificates issued by persons who the Secretary
determines may be relied upon with regard to marine safety, security,
and environmental protection.''.
(b) The table of sections for chapter 31 of title 46, United States
Code, is amended by adding at the end the following:
``Sec. 3103. Use of reports, documents,
and certificates.''.
SEC. 4. EQUIPMENT APPROVAL.
Section 3306(b) of title 46, United States Code, is amended to read
as follows:
``(b)(1) Equipment subject to regulation under this section may not
be used on any vessel without prior approval as prescribed by
regulation.
``(2) Except as otherwise provided in paragraph (3) of this
subsection, the Secretary may accept approvals of fire and life safety
equipment and materials by foreign governments which the Secretary
determines utilize design and testing standards that meet the
requirements of the International Convention for the Safety of Life at
Sea to which the United States is a party, and its associated
International Maritime Organization guidance documents.
``(3) In determining whether to accept approvals issued by foreign
governments, the Secretary shall give due regard to whether adherence
to standards promulgated by regulation under this subsection is
necessary in order to preserve higher levels of safety.''.
SEC. 5. FREQUENCY OF INSPECTION.
(a) Section 3307 of title 46, United States Code, is amended as
follows:
(1) In paragraph (1)--
(A) by striking ``and'' and inserting a comma in
its place;
(B) by inserting after ``nautical school vessel'',
``, and small passenger vessel carrying more than 12
passengers on an international voyage''; and
(C) by adding ``and'' at the end.
(2) By striking paragraph (2).
(3) In paragraph (3)--
(A) by changing the designation of paragraph (3) to
paragraph (2); and
(B) by striking ``2 years'' and inserting ``5
years'' in its place.
(b) Section 3710(b) of title 46, United States Code, is amended by
striking ``24 months'' and substituting ``5 years''.
SEC. 6. CERTIFICATE OF INSPECTION.
Section 3309(c) of title 46, United States Code, is amended by
deleting the words ``(but not more than 60 days)'' after the words ``At
least 30 days''.
SEC. 7. CLASSIFICATION SOCIETIES.
(a) Section 3316 of title 46, United States Code, is amended as
follows:
(1) Subsection (a) is amended to read as follows:
``(a) In carrying out this part, the Secretary may rely on reports,
documents, and certificates issued by the American Bureau of Shipping
or other classification society recognized by the Secretary as meeting
acceptable standards for such a society, or an agent of the Bureau or
society.''.
(2) Subsection (c)(1) is amended to read as follows:
``(c)(1) To the maximum extent practicable, the Secretary may
delegate to the Bureau or other classification society recognized by
the Secretary as meeting acceptable standards for such a society, or an
agent of the Bureau or society, the inspection or examination, in the
United States or in a foreign country, of a vessel documented or to be
documented as a vessel of the United States. The Bureau, society, or
agent may issue the certificate of inspection required by this part and
other certificates essential to documentation.''.
(3) Subsection (d) is amended to read as follows:
``(d) The Secretary also may make an agreement with or use the
Bureau or other classification society recognized by the Secretary as
meeting acceptable standards for such a society, or an agent of the
Bureau or society, for reviewing and approving plans required for
issuing a certificate of inspection.''.
(b) The item for section 3316 of the table of sections for chapter
33 of title 46, United States Code, is amended to read as follows:
``Sec. 3316. Classification societies.''. | Maritime Regulatory Reform Act of 1994 - Amends Federal maritime law to authorize the Secretary of the department in which the Coast Guard operates, in order to implement the International Management Code for the Safe Operation of Ships and for Pollution Prevention adopted by the International Maritime Organization and to establish alternative compliance programs, to: (1) prescribe regulations governing the U.S. merchant marine, merchant marine personnel, and shore-based management of vessels that affect the safety of vessels and personnel and marine pollution prevention; and (2) establish optional regulatory requirements commensurate with the level of quality control adopted by the shipowner or operator, provided that an equivalent level of safety is maintained.
(Sec. 3) Authorizes the Secretary to utilize reports, documents, and certificates issued by persons who may be relied upon with regard to marine safety, security, and environmental protection.
(Sec. 4) Authorizes the Secretary to accept approvals of fire and life safety equipment and materials by foreign governments which utilize design and testing standards that meet the requirements of the International Convention for the Safety of Life at Sea, and its associated International Maritime Organization guidance documents.
(Sec. 5) Requires each in service small passenger vessel carrying more than 12 passengers on an international voyage to be inspected annually. Requires any other vessel to be inspected at least once every five years (currently, every two years). Extends from two to five years the effective validation period of certificates of inspection issued to U.S. vessels that carry oil or hazardous material in bulk.
(Sec. 6) Requires the owner or individual in charge of a vessel to submit certain inspection related notices to the Secretary at least 30 days (currently, at least 30 days but not more than 60 days) before the current certificate of inspection issued to a vessel expires.
(Sec. 7) Revises provisions regarding the recognition of U.S. classification societies. | {"src": "billsum_train", "title": "Maritime Regulatory Reform Act of 1994"} | 1,377 | 416 | 0.671973 | 1.982934 | 0.744682 | 4.493151 | 3.616438 | 0.849315 |
SECTION 1. HOPE AND LIFETIME LEARNING CREDIT.
(a) In General.--Section 25A of the Internal Revenue Code of 1986
is amended--
(1) by striking ``qualified tuition and related expenses''
each place it appears in subsections (b), (c), (e), (g), and
(i) and inserting ``higher education expenses'', and
(2) by striking paragraph (1) of subsection (f) and
inserting the following:
``(1) Higher education expenses.--The term `higher
education expenses' means any expense of a type which is taken
into account in determining the cost of attendance (as defined
in section 472 of the Higher Education Act of 1965, as in
effect on the date of the enactment of the Taxpayer Relief Act
of 1997) of--
``(A) the taxpayer,
``(B) the taxpayer's spouse, or
``(C) any dependent of the taxpayer with respect to
whom the taxpayer is allowed a deduction under section
151,
at an eligible educational institution for courses of
instruction of such individual at such institution.''.
(b) Conforming Amendments.--
(1) Section 6050S of the Internal Revenue Code of 1986 is
amended by striking ``qualified tuition and related expenses''
each place it appears in subsections (a)(2), (b)(2)(B)(i), and
(e) and inserting ``higher education expenses''.
(2) Section 6213(g)(2)(J) of such Code is amended by
striking ``tuition and related expenses'' and inserting
``expenses''.
(3) Section 6724 of such Code is amended by striking
``qualified tuition and related expenses'' each place it
appears in subsections (d)(1)(B)(xii) and (d)(2)(BB) and
inserting ``higher education expenses''.
(c) Effective Date.--The amendments made by this section shall
apply to expenses paid after December 31, 2008.
SEC. 2. DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT PLANS FOR HIGHER
EDUCATION EXPENSES.
(a) In General.--Subparagraph (A) of section 72(t)(7) of the
Internal Revenue Code of 1986 is amended by striking ``means qualified
higher education expenses'' and all that follows and inserting ``means
higher education expenses (as defined in section 25A(f)(1)) for
education furnished to--''
(b) Effective Date.--The amendment made by this section shall apply
to distributions after December 31, 2008.
SEC. 3. QUALIFIED SCHOLARSHIPS.
(a) In General.--Subsection (b) of section 117 of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``qualified tuition and related expenses''
in paragraph (1) and inserting ``higher education expenses'',
and
(2) by striking paragraph (2) and inserting the following:
``(2) Higher education expenses.--For purposes of paragraph
(1), the term `higher education expenses' means any expense of
a type which is taken into account in determining the cost of
attendance (as defined in section 472 of the Higher Education
Act of 1965, as in effect on the date of the enactment of the
Taxpayer Relief Act of 1997) of a student at an eligible
educational institution (as defined in section 25A(f)(2)).''.
(b) Effective Date.--The amendments made by this section shall
apply to amounts received after December 31, 2008.
SEC. 4. INCOME FROM US SAVINGS BONDS.
(a) In General.--Section 135(c)(2) of the Internal Revenue Code of
1986 is amended--
(1) by striking subparagraphs (A) and (B) and inserting the
following:
``(A) Qualified higher education expenses.--The
term `qualified higher education expenses' means higher
education expenses within the meaning of section
25A(f).'', and
(2) by redesignating subparagraph (C) as subparagraph (B).
(b) Conforming Amendments.--
(1) Subsection (c) of section 135 of the Internal Revenue
Code of 1986 is amended by striking paragraph (3) and
redesignating paragraph (4) as paragraph (3).
(2) Section 135 of the Internal Revenue Code of 1986 is
amended by striking ``tuition and fees'' in the heading and
inserting ``expenses''.
(c) Effective Date.--The amendments made by this section shall
apply to expenses paid after December 31, 2008.
SEC. 5. DEDUCTION FOR QUALIFIED TUITION AND RELATED EXPENSES.
(a) In General.--Subsection (a) of section 222 of the Internal
Revenue Code of 1986 is amended by striking ``qualified tuition and
related expenses'' and inserting ``higher education expenses''.
(b) Definition.--Paragraph (1) of section 222(d) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(1) Higher education expenses.--The term `higher
education expenses' has the meaning given such term by section
25A(f). Such expenses shall be reduced in the same manner as
under section 25A(g)(2).''.
(c) Conforming Amendments.--
(1) Subsections (c)(2)(B), (d)(2), (d)(3)(A), and (d)(3)(B)
of section 222 of the Internal Revenue Code of 1986 are each
amended by striking ``qualified tuition and related expenses''
and inserting ``higher education expenses''.
(2) Section 222 of such Code is amended by striking
``qualified tuition and related expenses'' in the heading and
inserting ``higher education expenses''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008.
SEC. 6. QUALIFIED TUITION PROGRAMS.
(a) In General.--Paragraph (3) of section 529(e) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(3) Qualified higher education expenses.--The term
`qualified higher education expenses' means any expense of a
type which is taken into account in determining the cost of
attendance (as defined in section 472 of the Higher Education
Act of 1965, as in effect on the date of the enactment of the
Taxpayer Relief Act of 1997) of a beneficiary at an eligible
educational institution.''.
(b) Conforming Amendment.--Section 1400O of the Internal Revenue
Code of 1986 is amended by striking paragraph (1) and redesignating
paragraphs (2) and (3) as paragraphs (1) and (2), respectively.
(c) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2008. | Amends the Internal Revenue Code to provide a uniform definition of higher education expenses for purposes of provisions allowing for: (1) penalty-free distributions from individual retirement accounts (IRAs) for education expenses; (2) tax exclusions for the value of college scholarships and for income from U.S. savings bonds used to pay education expenses; (3) the tax deduction for qualified tuition and related expenses; and (4) qualified tuition programs. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to conform the definitions of qualifying expenses for purposes of education tax benefits."} | 1,535 | 89 | 0.553446 | 1.276695 | 0.501029 | 2.142857 | 15.857143 | 0.738095 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Teen and Novice Driver Uniform
Protection Act of 2011'' or the ``STANDUP Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The National Highway Traffic Safety Administration has
reported that--
(A) motor vehicle crashes are the leading cause of
death of Americans between 15 and 20 years of age;
(B) between 1999 and 2009, more than 90,000
Americans were killed in motor vehicle crashes
involving drivers between 15 and 20 years of age, an
average of 155 deaths per week;
(C) drivers between 16 and 20 years of age have a
fatality rate that is 4 times higher than the rate for
drivers between 25 and 70 years of age; and
(D) teenage drivers who are 16 years of age have a
motor vehicle crash rate that is almost 10 times higher
than the crash rate for drivers between 30 and 60 years
of age.
(2) The National Transportation Safety Board found that
during the most recent 10-year period--
(A) teen drivers comprised less than 7 percent of
the driving population and accounted for more than 13
percent of drivers involved in all deadly crashes; and
(B) more than 20 percent of all highway fatalities
occurred in crashes that involved teen drivers.
(3) Analysis by the Children's Hospital of Philadelphia
Research Institute shows that--
(A) teenage drivers comprise approximately 40
percent of the fatalities in motor vehicle crashes in
which they are involved; and
(B) the other 60 percent of the fatalities in those
crashes are--
(i) passengers who were riding in the
vehicle with the teen driver;
(ii) drivers and passengers in other
vehicles involved in a crash with the teen
driver's vehicle; and
(iii) pedestrians.
(4) According to the Insurance Institute for Highway
Safety--
(A) the chance that a vehicle driven by a 16- or
17-year-old will be involved in an accident--
(i) doubles when there are 2 other teens in
the vehicle; and
(ii) quadruples when there are 4 teens in
the vehicle;
(B) States with strong nighttime driving
restrictions experience lower fatal crash rates among
drivers ages 15 to 17 years old; and
(C) a higher age requirement for licensing teen
drivers is correlated with a lower number of fatal
crashes per capita.
(5) The National Highway Traffic Safety Administration has
found that distraction caused by cellular phones is significant
enough to degrade driver performance, and is particularly
dangerous for inexperienced drivers between 15 and 20 years of
age.
(6) That National Transportation Safety Board has found
that although only 20 percent of driving by teenage drivers
occurs at night, more than 50 percent of the motor vehicle
crash fatalities involving teenage drivers occur at night.
(7) According to a 2007 report from the Texas
Transportation Institute at Texas A&M University--
(A) teenage drivers in rural areas are less likely
to be aware of the risks and dangers associated with
driving, placing them at higher risk of involvement in
crashes;
(B) teen drivers are more likely than other
drivers--
(i) to drive with other teenage passengers;
(ii) to drive late at night;
(iii) to exceed the speed limit;
(iv) to use cell phones while driving; and
(v) to fail to use seat belts while
driving.
(8) The National Highway Traffic Safety Administration
reports that although 23 percent of the population of the
United States lives in rural areas, 57 percent of all traffic
fatalities occur on rural roads, underscoring the elevated
crash risk for teen drivers in rural areas.
(9) The American Academy of Pediatrics has found evidence
that the area of the brain responsible for planning, impulse
control, and executive decisionmaking does not fully mature
until a person is between 20 and 25 years of age, placing teen
drivers at greater risk of being involved in an accident.
(10) The Journal of the American Medical Association
reports that after Michigan and North Carolina adopted
comprehensive graduated driver licensing systems in 1997,
crashes involving 16-year-old drivers decreased by 25 percent
in Michigan and by 27 percent in North Carolina.
(11) According to the Office of the Illinois Secretary of
State, teen driving deaths dropped by over 40 percent in
Illinois in the first full year following the 2007
implementation of a stronger graduated driver licensing law.
(12) The National Transportation Safety Board reports that
over 40 States and the District of Columbia have implemented
some type of 3-stage graduated driver licensing system.
However, most States have not yet enacted all of the lifesaving
safety features of graduated driver licensing laws recommended
by the National Transportation Safety Board and supported by
research to protect the lives of teenage and novice drivers.
(13) A 2010 national survey by the Insurance Institute of
Highway Safety indicates that--
(A) parents of teens favor graduated driver
licensing laws that are as strict or stricter than
those that currently exist in any State;
(B) \2/3\ of parents of teens believe that young
drivers should begin learning to drive at 16 years of
age or older;
(C) more than \1/2\ of parents of teens believe
that the minimum licensing age should be 17 years of
age or older;
(D) 90 percent of parents of teens support a
restriction on unsupervised nighttime driving;
(E) more than 75 percent of parents of teens
believe that the restriction on unsupervised nighttime
driving should begin at 10 p.m. or earlier;
(F) 89 percent of parents of teens support
restrictions on teen passengers; and
(G) more than 75 percent of parents of teens
believe that teen drivers should not be permitted to
more than 1 teen passenger in their vehicle.
SEC. 3. STATE GRADUATED DRIVER LICENSING LAWS.
(a) Minimum Requirements.--
(1) In general.--A State is in compliance with this section
if the State has a graduated driver licensing law that requires
novice drivers younger than 21 years of age to comply with the
2-stage licensing process described in paragraph (2) before
receiving an unrestricted driver's license.
(2) Licensing process.--A State is in compliance with the
2-stage licensing process described in this paragraph if the
State's driver's license laws include--
(A) a learner's permit stage that--
(i) commences at 16 years of age or older;
(ii) is at least 6 months in duration;
(iii) prohibits the driver from using a
cellular telephone or any communications device
in a nonemergency situation; and
(iv) remains in effect until--
(I) the commencement of the
intermediate stage; or
(II) the driver reaches 18 years of
age;
(B) an intermediate stage that--
(i) commences immediately after the
expiration of the learner's permit stage;
(ii) is at least 6 months in duration;
(iii) prohibits the driver from using a
cellular telephone or any communications device
in a nonemergency situation;
(iv) prohibits driving at night;
(v) prohibits the driver from operating a
motor vehicle with more than 1 non-familial
passenger younger than 21 years of age unless a
licensed driver who is at least 21 years of age
is in the motor vehicle; and
(vi) remains in effect until the driver
reaches 18 years of age; and
(C) any other requirement that the Secretary of
Transportation may require, including--
(i) in the learner's permit stage--
(I) at least 40 hours of behind-
the-wheel training with a licensed
driver who is at least 21 years of age;
(II) a driver training course; and
(III) a requirement that any such
driver be accompanied and supervised by
a licensed driver who is at least 21
years of age at all times while such
driver is operating a motor vehicle;
and
(ii) in the learner's permit or
intermediate stage, a requirement that, in
addition to any other penalties imposed by
State law, the grant of an unrestricted
driver's license be automatically delayed for
any individual who, during the learner's permit
or intermediate stage, is convicted of a
driving-related offense, such as--
(I) driving while intoxicated;
(II) misrepresentation of his or
her true age;
(III) reckless driving;
(IV) driving without wearing a seat
belt;
(V) speeding; or
(VI) any other driving-related
offense, as determined by the
Secretary.
(b) Rulemaking.--
(1) In general.--The Secretary of Transportation shall
promulgate regulations necessary to implement this section in
accordance with the notice and comment provisions under section
553 of title 5, United States.
(2) Exception.--A State that otherwise meets the minimum
requirements set forth in subsection (a) shall be deemed by the
Secretary to be in compliance with this section regardless of
whether a State law, which was enacted by the State before
January 1, 2011, establishes a class of license that permits
licensees younger than 18 years of age to drive a motor vehicle
in connection with work performed on or for the operation of a
farm owned by family members who are directly related to the
licensees.
SEC. 4. INCENTIVE GRANTS.
(a) In General.--For each of the first 3 fiscal years beginning
after the date of enactment of this Act, the Secretary of
Transportation shall award a grant to any State that submits an
application under subsection (b) if that State is in compliance with
section 3(a) on or before the first day of that fiscal year.
(b) Application.--
(1) In general.--Any State desiring a grant under this
section shall submit an application to the Secretary of
Transportation at such time, in such manner, and containing
such information as the Secretary may require, including a
certification by the Governor of the State that the State is in
compliance with section 3(a).
(2) Review.--The Secretary shall review each State
application and determine whether or not the State is in
compliance with section 3(a).
(c) Grants.--Amounts appropriated to carry out this section for
each fiscal year shall be apportioned to each State that is in
compliance with section 3(a) in an amount determined by multiplying--
(1) the amount appropriated to carry out this section for
such fiscal year; by
(2) the ratio that the amount of funds apportioned to each
such State for such fiscal year under section 402 of title 23,
United States Code, bears to the total amount of funds
apportioned to all such States for such fiscal year under such
section.
(d) Use of Funds.--Amounts received by a State from a grant awarded
under this section may be used for--
(1) enforcing a 2-stage licensing process that complies
with section 3(a)(2);
(2) training for law enforcement personnel and other
relevant State agency personnel relating to the enforcement
described in paragraph (1);
(3) publishing relevant educational materials that pertain
directly or indirectly to the State graduated driver licensing
law; and
(4) carrying out other administrative activities that the
Secretary considers relevant to the State's 2-stage licensing
process.
(e) Authorization of Appropriations.--There is authorized to be
appropriated $25,000,000, out of the Highway Trust Fund (other than the
Mass Transit Account), to carry out this section during each fiscal
year described in subsection (a).
SEC. 5. WITHHOLDING OF FUNDS FOR NONCOMPLIANCE.
(a) In General.--
(1) Fourth fiscal year.--On the first day of the fourth
fiscal year beginning after the date of the enactment of this
Act, the Secretary shall withhold 3 percent of the amount
otherwise required to be apportioned to any State for such
fiscal year under each of the paragraphs (1), (3), and (4) of
section 104(b) of title 23, United States Code, if the State is
not in compliance with section 3(a) on the first day of such
fiscal year.
(2) Fifth fiscal year.--On the first day of the fifth
fiscal year beginning after the date of the enactment of this
Act, the Secretary shall withhold 5 percent of the amount
otherwise required to be apportioned to any State for such
fiscal year under each of the paragraphs (1), (3), and (4) of
section 104(b) of title 23, United States Code, if that State
is not in compliance with section 3(a) on the first day of such
fiscal year.
(3) Sixth and subsequent fiscal years.--On the first day of
each fiscal year after the fifth fiscal year beginning after
the date of the enactment of this Act, the Secretary shall
withhold 10 percent of the amount otherwise required to be
apportioned to any State for such fiscal year under each of the
paragraphs (1), (3), and (4) of section 104(b) of title 23,
United States Code, if that State is not in compliance with
section 3(a) on the first day of such fiscal year.
(b) Period of Availability of Withheld Funds.--
(1) Funds withheld before the end of the sixth fiscal
year.--Any amount withheld from any State under subsection (a)
on or before the last day of the sixth fiscal year beginning
after the date of the enactment of this Act, shall remain
available for distribution to the State under subsection (c)
until the end of the third fiscal year following the fiscal
year for which such amount is appropriated.
(2) Funds withheld after the sixth fiscal year.--Any amount
withheld under subsection (a)(2) from any State after the end
of the sixth fiscal year beginning after the date of the
enactment of this Act, may not be distributed to the State.
(c) Apportionment of Withheld Funds After Compliance.--
(1) In general.--If, before the last day of the period for
which funds withheld under subsection (a) remain available to a
State under subsection (b), the State comes into compliance
with section 3(a), the Secretary of Transportation shall, on
the first day on which the Secretary determines the State has
come into compliance, distribute to the State any amounts
withheld under subsection (a) that remains available for
apportionment to the State.
(2) Period of availability of subsequently apportioned
funds.--Any amount distributed under paragraph (1) shall remain
available for expenditure by the State until the end of the
third fiscal year following the year for which the funds are so
apportioned. Any amount not expended by the State by the end of
such period shall revert back to the Treasury of the United
States.
(3) Effect of noncompliance.--If a State is not in
compliance with section 3(a) at the end of the period for which
any amount withheld under subsection (a) remains available for
distribution to the State under subsection (b), such amount
shall revert back to the Treasury of the United States. | Safe Teen and Novice Driver Uniform Protection Act of 2011 or STANDUP Act - Authorizes the Secretary of Transportation to award incentive grants to states with graduated driver licensing laws that require novice drivers younger than age 21 to comply with a two-stage licensing process before receiving an unrestricted driver's license.
Requires such laws, at a minimum, to include: (1) a learner's permit stage that commences at age 16 or older, lasts at least six months, prohibits driver use of a cellular phone or other communications device in nonemergency situations, and remains in effect until commencement of the intermediate stage or the driver attains age 18; (2) an intermediate stage in effect until the driver attains age 18 that commences immediately after expiration of the learner's permit stage, lasts at least six months, prohibits driver use of a cellular phone or other communications device in nonemergency situations, prohibits nighttime driving, prohibits more than one non-familial passenger under age 21 unless there is a licensed driver at least age 21 present in the vehicle; and (3) any other requirement that the Secretary may require.
Deems a state that meets such minimum requirements to be in compliance regardless of whether a state law, enacted before January 1, 2011, establishes a class of license that permits licensees younger than age 18 to drive a motor vehicle in connection with work performed on or for the operation of a farm owned by family members of the licensees.
Directs the Secretary to withhold a certain percentage of federal-aid highway funds from states that do not comply with the requirements of this Act. | {"src": "billsum_train", "title": "A bill to provide driver safety grants to States with graduated driver licensing laws that meet certain minimum requirements."} | 3,244 | 363 | 0.466706 | 1.399734 | 0.727889 | 3.315789 | 10.263158 | 0.927632 |
SECTION 1. TAX CREDIT FOR CARBON DIOXIDE CAPTURED FROM INDUSTRIAL
SOURCES AND USED IN ENHANCED OIL AND NATURAL GAS
RECOVERY.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business credits) is
amended by adding at the end the following new section:
``SEC. 45J. CREDIT FOR CARBON DIOXIDE CAPTURED FROM INDUSTRIAL SOURCES
AND USED AS A TERTIARY INJECTANT IN ENHANCED OIL AND
NATURAL GAS RECOVERY.
``(a) General Rule.--For purposes of section 38, the captured
carbon dioxide tertiary injectant credit for any taxable year is an
amount equal to the product of--
``(1) the credit amount, and
``(2) the qualified carbon dioxide captured from industrial
sources and used as a tertiary injectant in qualified enhanced
oil and natural gas recovery which is attributable to the
taxpayer.
``(b) Credit Amount.--For purposes of this section--
``(1) In general.--The credit amount is $0.75 per 1,000
standard cubic feet.
``(2) Inflation adjustment.--In the case of any taxable
year beginning in a calendar year after 2004, there shall be
substituted for the $0.75 amount under paragraph (1) an amount
equal to the product of--
``(A) $0.75, multiplied by
``(B) the inflation adjustment factor for such
calendar year determined under section 43(b)(3)(B) for
such calendar year, determined by substituting `2003'
for `1990'.
``(c) Qualified Carbon Dioxide.--For purposes of this section--
``(1) In general.--The term `qualified carbon dioxide'
means carbon dioxide captured from an anthropogenic source
that--
``(A) would otherwise be released into the
atmosphere as industrial emission of greenhouse gas,
``(B) is measurable at the source of capture,
``(C) is compressed, treated, and transported via
pipeline,
``(D) is sold as a tertiary injectant in qualified
enhanced oil and natural gas recovery, and
``(E) is permanently sequestered in geological
formations as a result of the enhanced oil and natural
gas recovery process.
``(2) Anthropogenic source.--An anthropogenic source of
carbon dioxide is an industrial source, including any of the
following types of plants, and facilities related to such
plant--
``(A) a coal and natural gas fired electrical
generating power station,
``(B) a natural gas processing and treating plant,
``(C) an ethanol plant,
``(D) a fertilizer plant, and
``(E) a chemical plant.
``(3) Definitions.--
``(A) Qualified enhanced oil and natural gas
recovery.--The term `qualified enhanced oil and natural
gas recovery' has the meaning given such term by
section 43(c)(2).
``(B) Tertiary injectant.--The term `tertiary
injectant' has the same meaning as when used within
section 193(b)(1).
``(d) Other Definitions and Special Rules.--For purposes of this
section--
``(1) Only carbon dioxide captured within the united states
taken into account.--Sales shall be taken into account under
this section only with respect to qualified carbon dioxide of
which is within--
``(A) the United States (within the meaning of
section 638(1)), or
``(B) a possession of the United States (within the
meaning of section 638(2)).
``(2) Recycled carbon dioxide.--The term `qualified carbon
dioxide' includes the initial deposit of captured carbon
dioxide used as a tertiary injectant. Such term does not
include carbon dioxide that is re-captured, recycled, and re-
injected as part of the enhanced oil and natural gas recovery
process.
``(3) Credit attributable to taxpayer.--Any credit under
this section shall be attributable to the person that captures,
treats, compresses, transports and sells the carbon dioxide for
use as a tertiary injectant in enhanced oil and natural gas
recovery, except to the extent provided in regulations
prescribed by the Secretary.''.
(b) Conforming Amendment.--Section 38(b) of the Internal Revenue
Code of 1986 (relating to general business credit) is amended by
striking ``plus'' at the end of paragraph (18), by striking the period
at the end of paragraph (19) and inserting ``, plus'', and by adding at
the end of following new paragraph:
``(20) the captured carbon dioxide tertiary injectant
credit determined under section 45J(a).''.
(c) Clerical Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of such Code (relating to other
credits) is amended by adding at the end the following new section:
``Sec. 45J. Credit for carbon dioxide captured from industrial sources
and used as a tertiary injectant in
enhanced oil and natural gas recovery.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Amends the Internal Revenue Code to allow a business tax credit for amounts of qualified carbon dioxide captured in the United States from anthropogenic industrial sources (e.g., an ethanol plant, fertilizer plant, or chemical plant) and used as a tertiary injectant in enhanced oil and natural gas recovery. Sets the credit amount at 75 cents (adjusted for inflation) per 1,000 standard cubic feet of the carbon dioxide captured.
Defines "qualified carbon dioxide" as carbon dioxide captured from an anthropogenic source that: (1) would otherwise be released into the atmosphere as industrial emission of greenhouse gas; (2) is measurable at the source of capture; (3) is compressed, treated, and transported by pipeline; (4) is sold as a tertiary injectant in qualified enhanced oil and natural gas recovery; and (5) is permanently sequestered in geological formations as a result of the oil and natural gas recovery process. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a credit for carbon dioxide captured from anthropogenic industrial sources and used as a tertiary injectant in enhanced oil and natural gas recovery."} | 1,235 | 205 | 0.698853 | 1.933112 | 0.85798 | 4.171429 | 5.982857 | 0.902857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Housing Enhancement
Act of 2003''.
SEC. 2. FINDINGS.
Congress finds that--
(1) there exist--
(A) a unique relationship between the Government of
the United States and the governments of Indian tribes;
and
(B) a unique Federal trust responsibility to Indian
people;
(2) Native Americans experience some of the worst housing
conditions in the country, with--
(A) 32.6 percent of Native homes being overcrowded;
(B) 33 percent lacking adequate solid waste
management systems;
(C) 8 percent lacking a safe indoor water supply;
and
(D) approximately 90,000 Native families who are
homeless or underhoused;
(3) the poverty rate for Native Americans is twice that of
the rest of the population of the United States;
(4) the population growth of Native Americans that began in
the latter part of the 20th century increased the need for
Federal housing services;
(5) the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.) provides
Indian tribes the ability to determine the amount of rental and
homebuyer payments;
(6) to fully recognize tribal self-determination, that Act
should be amended to eliminate the mandatory rental and payment
ceiling of 30 percent of adjusted income for the low-income
participants and replace the ceiling with a fair market rent
ceiling as a workable and simple method to ensure that
participants in the assisted program under the Act do not pay
more for housing than the fair market rate;
(7) elimination of the 30-percent ceiling requirement
will--
(A) discontinue the complex and unnecessary income
disclosure, income verification, and deduction
calculation procedures currently engaged in by Indian
tribes and tribally designated housing authorities; and
(B) release tribal resources that may be used more
productively for addressing the urgent housing need in
Indian country;
(8)(A) the Act allows little or no opportunity for Indian
tribes and tribally designated housing authorities to establish
a reasonable amount of reserves for efficient operation of
housing programs or projects and proper maintenance of housing
units; and
(B) the Act should be amended to allow Indian tribes and
tribally designated housing authorities the opportunity to
establish, manage, and administer a reasonable reserve account
to ensure the professional operation of the necessary housing
programs;
(9)(A) under the requirements of the Act, members of Indian
tribes are given preference for housing programs;
(B) a primary purpose of the Act is to allow Indian tribes
to leverage funds with other Federal and private funds;
(C) the Department of Agriculture has been a significant
funding source for funding housing for Indian tribes; and
(D) to allow assistance provided under the Act and
assistance provided by the Secretary of Agriculture under other
law to be combined to meet the severe housing needs of Indian
tribes, the Housing Act of 1949 (42 U.S.C. 1471 et seq.) should
be amended to clearly state that the preference referred to in
subparagraph (A) does not violate the Civil Rights Act of 1964
(42 U.S.C. 2000d); and
(10) the Cranston-Gonzales National Affordable Housing Act
(42 U.S.C. 12899f(2)) should be amended to include Indian
tribes, tribally designated housing entities, or other agencies
that primarily serve Indians as eligible applicants for
Youthbuild grants.
SEC. 3. FAIR MARKET RENT.
(a) Definition of Fair Market Rent.--Section 4 of the Native
American Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4103) is amended--
(1) by redesignating paragraphs (6) through (22) as
paragraphs (7) through (23), respectively; and
(2) by inserting after paragraph (5) the following:
``(6) Fair market rent.--The term `fair market rent', with
respect to a dwelling unit, means a fair market rent,
determined by the Secretary not less than annually, for
existing or newly constructed dwelling units of a size and type
similar to, and located in the same market area as, the
dwelling unit.''.
(b) Program Requirements.--Section 203 of the Native American
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4133)
is amended by striking subsection (a) and inserting the following:
``(a) Rents and Housing Payments.--
``(1) Policies.--Each recipient shall develop written
policies governing rents and homebuyer payments charged for
dwelling units assisted under this Act, including the method by
which the rents and homebuyer payments are determined.
``(2) Maximum rental unit rent.--In the case of a low-
income family residing in a rental dwelling unit assisted with
grant amounts under this Act, the monthly rent for the dwelling
unit shall not exceed the fair market rent.
``(3) Maximum lease purchase homebuyer payment.--In the
case of a low-income family residing in a lease purchase
dwelling unit assisted with grant amounts under this Act, the
monthly homebuyer payment for the dwelling unit shall not
exceed, at the election of the recipient--
``(A) 30 percent of the monthly adjusted income of
the low-income family; or
``(B) the fair market rent.
``(4) No required recertification.--The Secretary shall not
require mandatory re-certification of the incomes of families
residing in rental or lease purchase dwelling units assisted
with grant amounts under this Act.''.
SEC. 4. RESERVE ACCOUNTS.
Section 203(b) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4133(b)) is amended--
(1) in the first sentence--
(A) by striking ``Each recipient'' and inserting
the following:
``(1) In general.--Each recipient''; and
(B) by striking ``reserve'' and all that follows
and inserting the following: ``maintain such amounts of
reserves as are necessary to ensure the payment of--
``(A) principal and interest as it becomes due on
any bonds or other obligations relating to the housing;
and
``(B) the costs of maintaining and operating the
housing (including the costs of insurance and
administrative expenses).''; and
(2) in the second sentence, by striking ``This subsection''
and inserting the following:
``(2) Effect of subsection.--This subsection''.
SEC. 5. TREATMENT OF PROGRAM INCOME.
Section 104(a)(2) of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4114(a)(2)) is amended by
inserting ``restrict access to or'' after ``not''.
SEC. 6. CIVIL RIGHTS COMPLIANCE.
Title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.) is
amended by adding at the end the following:
``SEC. 543. INDIAN TRIBES.
``The giving of a preference to members of an Indian tribe for the
use of any dwelling or other building constructed, improved, altered,
repaired, replaced, or otherwise aided with assistance provided under
this title to the Indian tribe shall not constitute a violation of
section 601 of the Civil Rights Act of 1964 (42 U.S.C. 2000d).''.
SEC. 7. ELIGIBILITY OF INDIAN TRIBES FOR YOUTHBUILD GRANTS.
Section 457(2) of the Cranston-Gonzales National Affordable Housing
Act (42 U.S.C. 12899f(2)) is amended--
(1) in subparagraph (F), by striking ``and'' at the end;
(2) by redesignating subparagraph (G) as subparagraph (H);
and
(3) by inserting after subparagraph (F) the following:
``(G) an Indian tribe, tribally designated housing
entity (as defined in section 4 of the Native American
Housing Assistance and Self-Determination Act (25
U.S.C. 4103)), or other agency primarily serving
Indians; and''. | Native American Housing Enhancement Act of 2003 - Amends the Native American Housing Assistance and Self-Determination Act of 1996 to define, with respect to a dwelling unit, "fair market rent" as one, determined at least annually by the Secretary of the Interior, for existing or newly constructed dwelling units of a size and type similar to, and located in the same market area as, the dwelling unit.
Modifies program requirements concerning rents and housing payments. Provides that, in the case of a low-income family residing in a rental dwelling unit assisted with grant amounts under this Act, the monthly rent for the dwelling unit shall not exceed the fair market rent. States that, if such a family resides in a lease purchase dwelling unit assisted with such grant amounts, the monthly homebuyer payment shall not exceed, at the recipient's election, either 30 percent of the monthly adjusted family income, or the fair market rent.
Prohibits the Secretary from requiring mandatory recertification of the incomes of families residing in rental or lease purchase dwelling units assisted with such grant amounts.
Requires grant recipients to reserve amounts out of such grants to ensure payment of: (1) principal and interest as it becomes due on any bonds or other obligations relating to the housing; and (2) the costs of insurance and administrative expenses for such housing.
Prohibits the Secretary from restricting access to, as well as reducing, a grant amount for any Indian tribe based solely on certain conditions relating to retention of grant income.
Amends the Housing Act of 1949 to declare that the giving of a preference to members of an Indian tribe for the use of any dwelling or other building constructed, improved, altered, repaired, replaced, or otherwise aided with assistance provided under such Act to the Indian tribe shall not constitute a violation of the Civil Rights Act of 1964.
Amends the Cranston-Gonzales National Affordable Housing Act to make Indian tribes, tribally designated housing entities, or other agencies primarily serving Indians eligible for Youthbuild grants. | {"src": "billsum_train", "title": "A bill to amend the Native American Housing Assistance and Self-Determination Act of 1996 and other Acts to improve housing programs for Indians."} | 1,815 | 439 | 0.562613 | 1.873696 | 0.776722 | 5.554124 | 4.237113 | 0.914948 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vested Worker Protection Act of
2002''.
SEC. 2. SAFE HARBOR IN EVENT OF REDUCTION IN FUTURE BENEFIT ACCRUALS
WHERE PLAN PROVIDES NOTICE AND ELECTION TO CONTINUE
BENEFIT ACCRUALS UNDER FORMER PLAN INSTEAD OF AMENDED
PLAN.
(a) In General.--Paragraph (1) of section 411(b) of the Internal
Revenue Code of 1986 (relating to defined benefit plans) is amended by
adding at the end the following new subparagraph:
``(I) Safe harbor upon reduction in future benefit
accruals.--
``(i) In general.--An applicable pension
plan that adopts an amendment which has the
effect of reducing the rate of future benefit
accrual of 1 or more participants shall be
treated as not meeting the requirements of this
paragraph unless such plan provides each
participant who is, as of the date of the
adoption of the plan amendment, a fully vested
participant with--
``(I) written notice which meets
the requirements of section 4980F, and
``(II) an election to continue to
accrue benefits under such plan,
determined under the terms of such plan
as in effect immediately before the
effective date of such plan amendment.
``(ii) Protected accrued benefit.--For
purposes of clause (i), an accrued benefit
shall include any early retirement benefit or
retirement-type subsidy (within the meaning of
subsection (d)(6)(B)(i)), but only with respect
to a participant who satisfies (either before
or after the effective date of the amendment)
the conditions for the benefit or subsidy under
the terms of the plan as in effect immediately
before such date.
``(iii) Timing of election.--Except as
provided in regulations, the election required
by clause (i)(II) shall be provided at least 90
days before the effective date of the
amendment.
``(iv) Exemption upon showing of distress
criteria.--This subparagraph shall not apply
with respect to any plan amendment if the plan
sponsor, prior to the date of the adoption of
the amendment, demonstrates to the satisfaction
of the Secretary that, under regulations of the
Secretary, requirements--
``(I) applicable with respect to
the adoption of the plan amendment, and
``(II) similar to the requirements
of clause (i), (ii), or (iii) of
section 4041(c)(2)(B) of the Employee
Retirement Income Security Act of 1974
applicable with respect to a distress
termination,
are met by each employer required (under the
terms of the plan as in effect immediately
before the adoption of the plan amendment) to
make contributions under the plan.
``(v) Fully vested participant.--For
purposes of this subparagraph, the term `fully
vested participant' means a participant who
under the plan has a nonforfeitable right to
the participant's entire accrued benefit.
``(vi) Applicable pension plan.--The term
`applicable pension plan' means--
``(I) a defined benefit plan, or
``(II) an individual account plan
which is subject to the funding
standards of section 412,
which had 100 or more active participants who
had accrued a benefit under the plan (whether
or not vested) as of the last day of the plan
year preceding the plan year in which the plan
amendment becomes effective. Such term shall
not include any governmental plan (within the
meaning of section 414(d)) or any church plan
(within the meaning of section 414(e)) with
respect to which the election provided by
section 410(d) has not been made.''.
(b) Excise Tax on Failure To Offer Election.--
(1) In general.--Chapter 43 of subtitle D of the Internal
Revenue Code of 1986 (as amended by section 2 of this Act) is
amended further by adding at the end the following new section:
``SEC. 4980G. FAILURE TO OFFER ELECTION TO CONTINUE BENEFIT ACCRUALS
UNDER FORMER APPLICABLE PENSION PLAN IN EVENT OF
REDUCTIONS IN FUTURE BENEFIT ACCRUALS.
``(a) Imposition of Tax.--There is hereby imposed a tax on the
failure of any applicable pension plan to meet the requirements of
subsection (d).
``(b) Amount of Tax.--
``(1) In general.--The amount of the tax imposed by
subsection (a) shall be 50 percent of the lesser of--
``(A) the reduction in the future employer benefit
cost for the plan attributable to the plan amendment
referred to in subsection (d) (determined, as provided
in regulations of the Secretary, as of the date of the
adoption of such plan amendment), or
``(B) the amount of the excess pension assets in
such plan, determined as of the effective date of the
amendment.
``(2) Future employer benefit cost.--For purposes of
paragraph (1)(A), the term `future employer benefit cost' for a
plan means the present value of future accruals, by current
participants and beneficiaries, of benefits derived from
employer contributions (within the meaning of section
411(c)(1)).
``(3) Excess pension assets.--For purposes of paragraph
(1), the term `excess pension assets' has the meaning given to
such term by section 420(e)(2).
``(c) Liability for Tax.--The following shall be liable for the tax
imposed by subsection (a):
``(1) In the case of a plan other than a multiemployer
plan, the employer.
``(2) In the case of a multiemployer plan, the plan.
For purposes of the preceding sentence, all multiemployer plans of
which the same trust forms a part shall be treated as 1 plan. For
purposes of this paragraph, if not all persons who are treated as a
single employer for purposes of this section have the same taxable
year, the taxable years taken into account shall be determined under
principles similar to the principles of section 1561.
``(d) Election To Continue Benefit Accruals Under Former Applicable
Pension Plan In Event of Reductions in Future Benefit Accruals.--In the
case that an applicable pension plan adopts an amendment which has the
effect of reducing the rate of future benefit accrual of 1 or more
participants, the requirements of this subsection are met if the plan
administrator provides each fully vested participant with--
``(1) written notice which meets the requirements of
section 4980F, and
``(2) an election to continue to accrue benefits under such
plan, determined under the terms of such plan as in effect
immediately before the effective date of such plan amendment.
``(e) Timing of Election.--Except as provided in regulations, the
election required by subsection (d) shall be provided at least 90 days
before the effective date of such amendment.
``(f) Protected Accrued Benefit.--For purposes of this section, an
accrued benefit shall include any early retirement benefit or
retirement-type subsidy (within the meaning of section
411(d)(6)(B)(i)), but only with respect to a participant who satisfies
(either before or after the effective date of the amendment) the
conditions for the benefit or subsidy under the terms of the plan as in
effect immediately before such date.
``(g) Exemption upon Showing of Distress Criteria.--This section
shall not apply with respect to any plan amendment if the plan sponsor,
prior to the date of the adoption of the amendment, demonstrates to the
satisfaction of the Secretary that, under regulations of the Secretary,
requirements--
``(1) applicable with respect to the adoption of the plan
amendment, and
``(2) similar to the requirements of clause (i), (ii), or
(iii) of section 4041(c)(2)(B) of the Employee Retirement
Income Security Act of 1974 applicable with respect to a
distress termination,
are met by each employer required (under the terms of the plan as in
effect immediately before the adoption of the plan amendment) to make
contributions under the plan.
``(h) Definitions.--For purposes of this section--
``(1) Applicable pension plan.--The term `applicable
pension plan' means--
``(A) a defined benefit plan, or
``(B) an individual account plan which is subject
to the funding standards of section 412,
which had 100 or more active participants who had
accrued a benefit under the plan (whether or not
vested) as of the last day of the plan year preceding
the plan year in which the plan amendment becomes
effective. Such term shall not include any governmental
plan (within the meaning of section 414(d)) or any
church plan (within the meaning of section 414(e)) with
respect to which the election provided by section
410(d) has not been made.
``(2) Fully vested participant.--The term `fully vested
participant' means a participant who has under the plan a
nonforfeitable right to the participant's entire accrued
benefit.''.
(2) Clerical amendment.--The table of sections for chapter
43 of subtitle D of such Code (as amended by section 2 of this
Act) is amended further by adding at the end the following new
item:
``Sec. 4980G. Failure to offer election to continue benefit accruals
under former applicable pension plan in
event of reductions in future benefit
accruals.''.
SEC. 3. EFFECTIVE DATES.
(a) In General.--The amendments made by this Act shall apply to
plans and plan amendments taking effect after 60 days after the date of
the enactment of this Act.
(b) Special Rule.--The period for providing any notice required by
the amendments made by this Act shall not end before the date which is
90 days after the date of the enactment of this Act. | Vested Worker Protection Act of 2002 - Amends the Internal Revenue Code to mandate that an "applicable pension plan" adopting any amendment that reduces rates of future benefits provide: (1) written notice meeting certain requirements to participants; and (2) that the participants be offered the chance to elect to continue to accrue benefits under the terms in effect immediately before the amendment. Defines "accrued benefit" as an early retirement benefit or retirement-type subsidy meeting certain standards. Defines "applicable pension plan" as a defined benefit plan or an individual account plan with at least 100 active participants meeting certain funding standards and other restrictions.Requires plans to inform participants of the option of staying under the old terms at least 90 days before the effective date of the amendment. Exempts a plan from the above requirements if its sponsor can show the Secretary of the Treasury that each employer contributing to the plan meets certain distress termination conditions under regulations of the Secretary.Imposes an excise tax on plans that adopt amendments decreasing benefits and do not let participants elect to continue to accrue benefits under the old terms. Makes the plan liable for such tax in the case of a multiemployer plan, and the employer liable in any other case. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to prohibit pension plan amendments reducing the rate of future benefit accrual, subject to a safe harbor where the plan provides notice of the amendment and an election to continue benefit accruals under the former plan instead of the amended plan."} | 2,273 | 273 | 0.619585 | 1.784468 | 0.78821 | 2.340517 | 8.62931 | 0.814655 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Drug Availability
and Health Care Access Improvement Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--MEDICAID PRESCRIPTION DRUG COVERAGE FOR LOW-INCOME MEDICARE
BENEFICIARIES
Sec. 101. Medicaid prescription drug coverage for low-income medicare
beneficiaries.
TITLE II--IMPROVED ACCESS OF MEDICARE BENEFICIARIES TO MEDICARE+CHOICE
PLANS
Sec. 201. Improved access to Medicare+Choice plans through an increase
in the minimum Medicare+Choice capitation
rate.
TITLE III--IMPROVED ACCESS TO REASONABLY PRICED PRESCRIPTION DRUGS
Sec. 301. Amendments to program for importation of certain prescription
drugs by pharmacists and wholesalers.
TITLE I--MEDICAID PRESCRIPTION DRUG COVERAGE FOR LOW-INCOME MEDICARE
BENEFICIARIES
SEC. 101. MEDICAID PRESCRIPTION DRUG COVERAGE FOR LOW-INCOME MEDICARE
BENEFICIARIES.
(a) In General.--Section 1902(a)(10) of the Social Security Act (42
U.S.C. 1396a(a)(10)) is amended--
(1) by striking ``and'' at the end of subparagraph (F);
(2) by adding ``and'' at the end of subparagraph (G); and
(3) by inserting after subparagraph (G) the following new
subparagraph:
``(H) for making medical assistance available for
prescribed drugs (in the same amount, duration, and
scope as for individuals described in subparagraph (A))
for qualified medicare beneficiaries described in
section 1905(p)(1) and for individuals who would be
such qualified medicare beneficiaries but for the fact
that their income exceeds the income level established
by the State under section 1905(p)(2) but is less than
175 percent of the official poverty line (referred to
in such section) for a family of the size involved;''.
(b) 100 Percent Federal Financing of Additional Costs.--Section
1903(a) of such Act (42 U.S.C. 1396b(a)) is amended--
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by adding after paragraph (6) the following new
paragraph:
``(7) an amount equal to 100 percent of amounts as expended
as medical assistance for prescribed drugs described in section
1902(a)(10)(H) to individuals who are eligible for such
assistance only on the basis of such section; and''.
(c) Permitting Charging of Sliding Scale Premiums for Qualifying
Individuals With Incomes Above 135 Percent of Poverty Line.--Section
1916 of such Act Social Security Act is amended--
(1) in subsection (b), by striking ``or (E)'' and inserting
``, (E), or (H)''; and
(2) in subsection (d)--
(A) by inserting ``(1)'' after ``(d)'', and
(B) by adding at the end the following new
paragraph:
``(2)(A) With respect to an individual described in section
1902(a)(10)(H) whose income (as determined under section 1905(p)(1)(B))
exceeds 135 percent of the official poverty line referred to in that
section, the State plan of a State shall provide for the charging of a
premium (expressed as a percentage of the average actuarial cost of the
benefits described in section 1902(a)(10)(H) provided with respect to
individuals described in such section) according to a sliding scale
under which such percentage increases from 0 percent to 100 percent, in
reasonable increments (as determined by the Secretary), as the
individual's income increases from 135 percent of such poverty line to
175 percent of such poverty line.
``(B) A State shall not require prepayment of a premium imposed
pursuant to subparagraph (A) and shall not terminate eligibility of an
individual for medical assistance under this title on the basis of
failure to pay any such premium until such failure continues for a
period of not less than 60 days. The State may waive payment of any
such premium in any case where the State determines that requiring such
payment would create an undue hardship.
``(C) A State may permit State or local funds available under other
programs to be used for payment of a premium imposed under subparagraph
(A). Payment of a premium with such funds shall not be counted as
income to the individual with respect to whom such payment is made.''.
(d) Effective Date.--The amendments made by this section take
effect on the first day of the first year that begins more than 6
months after the date of the enactment of this Act.
TITLE II--IMPROVED ACCESS OF MEDICARE BENEFICIARIES TO MEDICARE+CHOICE
PLANS
SEC. 201. IMPROVED ACCESS TO MEDICARE+CHOICE PLANS THROUGH AN INCREASE
IN THE MINIMUM MEDICARE+CHOICE CAPITATION RATE.
(a) In General.--Section 1853(c)(1)(B) of the Social Security Act
(42 U.S.C. 1395w-23(c)(1)(B)), as amended by section 601(a) of
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) by redesignating clause (iv) as clause (v);
(2) by inserting after clause (iii) the following new
clause:
``(iv) For 2002--
``(I) for any area in the 50 States
and the District of Columbia, $600; and
``(II) for any other area, the
minimum amount specified in clause
(iii) for that area for 2001 increased
by the national per capita
Medicare+Choice growth percentage,
described in paragraph (6)(A) for
2002.''; and
(3) in clause (v), as so redesignated--
(A) by striking ``2002'' and inserting ``2003'';
and
(B) by striking ``or clause (iii)'' and inserting
``or clause (iv)''.
(b) Effective Date.--The amendments made by subsection (a) apply to
years beginning with 2002.
TITLE III--IMPROVED ACCESS TO REASONABLY PRICED PRESCRIPTION DRUGS
SEC. 301. AMENDMENTS TO PROGRAM FOR IMPORTATION OF CERTAIN PRESCRIPTION
DRUGS BY PHARMACISTS AND WHOLESALERS.
Section 804 of the Federal Food, Drug, and Cosmetic Act (as added
by section 745(c)(2) of Public Law 106-387) is amended--
(1) by striking subsections (e) and (f) and inserting the
following subsections:
``(e) Testing; Approved Labeling.--
``(1) Testing.--Regulations under subsection (a)--
``(A) shall require that testing referred to in
paragraphs (6) through (8) of subsection (d) be
conducted by the importer of the covered product
pursuant to subsection (a), or the manufacturer of the
product;
``(B) shall require that, if such tests are
conducted by the importer, information needed to
authenticate the product being tested be supplied by
the manufacturer of such product to the importer; and
``(C) shall provide for the protection of any
information supplied by the manufacturer under
subparagraph (B) that is a trade secret or commercial
or financial information that is privileged or
confidential.
``(2) Approved labeling.--For purposes of importing a
covered product pursuant to subsection (a), the importer
involved may use the labeling approved for the product under
section 505, notwithstanding any other provision of law.
``(f) Discretion of Secretary Regarding Testing.--The Secretary may
waive or modify testing requirements described in subsection (d) if,
with respect to specific countries or specific distribution chains, the
Secretary has entered into agreements or otherwise approved
arrangements that the Secretary determines ensure that the covered
products involved are not adulterated or in violation of section
505.'';
(2) by striking subsections (h) and (i) and inserting the
following subsections:
``(h) Prohibited Agreements; Nondiscrimination.--
``(1) Prohibited agreements.--No manufacturer of a covered
product may enter into a contract or agreement that includes a
provision to prevent the sale or distribution of covered
products imported pursuant to subsection (a).
``(2) Nondiscrimination.--No manufacturer of a covered
product may take actions that discriminate against, or cause
other persons to discriminate against, United States
pharmacists, wholesalers, or consumers regarding the sale or
distribution of covered products.
``(i) Study and Report.--
``(1) Study.--The Comptroller General of the United States
shall conduct a study on the imports permitted under this
section, taking into consideration the information received
under subsection (a). In conducting such study, the Comptroller
General shall--
``(A) evaluate importers' compliance with
regulations, determine the number of shipments, if any,
permitted under this section that have been determined
to be counterfeit, misbranded, or adulterated; and
``(B) consult with the United States Trade
Representative and United States Patent and Trademark
Office to evaluate the effect of importations permitted
under this section on trade and patent rights under
Federal law.
``(2) Report.--Not later than 5 years after the effective
date of final regulations issued pursuant to this section, the
Comptroller General of the United States shall prepare and
submit to Congress a report containing the study described in
paragraph (1).'';
(3) in subsection (k)(2)--
(A) by redesignating subparagraphs (A) through (E)
as subparagraphs (B) through (F), respectively; and
(B) by inserting before subparagraph (B) (as so
redesignated) the following subparagraph:
``(A) The term `discrimination' includes a contract
provision, a limitation on supply, or other measure
which has the effect of providing United States
pharmacists, wholesalers, or consumers access to
covered products on terms or conditions that are less
favorable than the terms or conditions provided to any
foreign purchaser of such products.'';
(4) by striking subsection (m); and
(5) by inserting after subsection (l) the following
subsection:
``(m) Funding.--For the purpose of carrying out this section, there
are authorized to be appropriated such sums as may be necessary for
fiscal year 2002 and each subsequent fiscal year.''. | Drug Availability and Health Care Access Improvement Act of 2001 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to require State Medicaid plans to cover prescribed drugs for qualified Medicare (SSA title XVIII) and other low-income Medicare beneficiaries.Provides full Federal funding for such Medicaid coverage.Amends SSA title XVIII part C (Medicare+Choice), as amended by the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, with respect to access to Medicare+Choice plans through an increase in the minimum Medicare+Choice capitation rate.Amends the Federal Food, Drug, and Cosmetic Act with respect to the program for importation of certain prescription drugs by pharmacists and wholesalers to: (1) revise importer drug testing requirements; (2) prohibit drug manufacturers from discriminating against U.S. pharmacists, wholesalers, or consumers; and (3) changes from the Secretary of Health and Human Services to the Comptroller General responsibility for a specified study on drug imports. | {"src": "billsum_train", "title": "To amend the Social Security Act to improve access to prescription drugs for low-income Medicare beneficiaries, the Internal Revenue Code and other Acts to improve access to health care coverage for seniors, the self-employed, and children, and to amend the Federal Food, Drug, and Cosemetic Act to improve meaningful access to reasonably priced prescription drugs."} | 2,553 | 234 | 0.614004 | 1.66178 | 0.815121 | 3.825137 | 11.562842 | 0.874317 |
SECTION 1. SHORT TITLE AND REFERENCES.
(a) Short Title.--This Act may be cited as the ``Low-Income Home
Energy Assistance Amendments of 1994''.
(b) References.--Except as otherwise expressly provided, whenever
in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of the
Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.).
SEC. 2. STATEMENT OF PURPOSE.
Subsection (a) of section 2602 (42 U.S.C. 8621(a)) is amended to
read as follows:
``(a) In order to assist low-income households, particularly those
that pay a high proportion of household income for home energy, both in
meeting their immediate home energy needs, and in attaining the
capacity to meet such needs independently in the future, the Secretary
of Health and Human Services is authorized to make grants to States for
programs and activities consistent with the provisions of this
title.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
(a) Amounts Authorized.--
(1) In general.--Section 2602(b) (42 U.S.C. 8621(b)) is
amended by striking ``this title'' and all that follows through
the end of the first sentence and inserting ``this title, such
sums as may be necessary for each of fiscal years 1995 through
1999.''.
(2) Incentive program for leveraging non-federal sources.--
Subsection (d) of section 2602 (42 U.S.C. 8621(d)) is amended
to read as follows:
``(d)(1) There are authorized to be appropriated to carry out
section 2607A, $50,000,000 for each of the fiscal years 1995 and 1996,
$60,000,000 for fiscal year 1997, $70,000,000 for fiscal year 1998, and
$80,000,000 for fiscal year 1999, except that if the amount
appropriated pursuant to subsection (b) does not exceed the amount
specified in paragraph (2) for a fiscal year, the amount authorized to
be appropriated to carry out section 2607A for such fiscal year shall
be $50,000,000.
``(2) For purposes of paragraph (1), the amount specified is--
``(A) for fiscal year 1997, the amount appropriated
pursuant to subsection (b) for fiscal year 1996;
``(B) for fiscal year 1998, the amount so appropriated for
fiscal year 1997; and
``(C) for fiscal year 1999, the amount so appropriated for
fiscal year 1998,
or, if greater, the amount so appropriated for fiscal year 1995.''.
(b) Period for Which Appropriation Is Made; Repeal of Program
Year.--Section 2602 (42 U.S.C. 8621) is amended--
(1) by repealing subsection (c);
(2) by redesignating subsection (d) as subsection (c); and
(3) in the second sentence of subsection (b), to read as
follows: ``Amounts appropriated pursuant to this subsection or
subsection (c) for a fiscal year shall be available for
carrying out this title in the following fiscal year.''.
SEC. 4. EMERGENCY FUNDS.
(a) Authorization of Appropriations.--Section 2602 (42 U.S.C. 8621)
as amended by section 3, is further amended by adding at the end
thereof the following new subsection:
``(d) There are authorized to be appropriated in any fiscal year
for payments under this title, in addition to amounts appropriated for
distribution to all the States in accordance with section 2604 (other
than subsection (g)), such sums as may be necessary to meet the
additional home energy assistance needs of one or more States arising
from a natural disaster or other emergency. Funds appropriated pursuant
to this subsection are hereby designated to be emergency requirements
pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency
Deficit Control Act of 1985, except that such funds shall be made
available only after the submission to Congress of a formal budget
request by the President (for all or a part of the appropriation
pursuant to this subsection) that includes a designation of the amount
requested as an emergency requirement as defined in such Act.''.
(b) Allotment of Emergency Funds.--Section 2604 (42 U.S.C. 8623) is
amended by adding at the end thereof the following new subsection:
``(g) Notwithstanding subsections (a) through (f), the Secretary
may allot amounts appropriated pursuant to section 2602(d) to one or
more than one State. In determining to which State or States additional
funds may be allotted, the Secretary shall take into account the extent
to which a State was affected by the emergency or disaster, the
availability to an affected State of other resources under this or any
other program, and such other factors as the Secretary determines
relevant.''.
SEC. 5. AUTHORIZED USES OF FUNDS.
Paragraph (1) of section 2605(b) (42 U.S.C. 8624(b)(1)) is amended
to read as follows:
``(1) use the funds available under this title to--
``(A) conduct outreach activities and provide
assistance to low income households, particularly those
that pay a high proportion of household income for home
energy;
``(B) intervene in energy crisis situations, and,
to the extent determined appropriate by the State, to
encourage and enable households to attain, to the
maximum extent feasible, home energy self-sufficiency;
``(C) provide low-cost residential weatherization
and other cost-effective residential repairs or
improvements related to energy use;
``(D) provide energy conservation education; and
``(E) plan, develop, and administer the State's
program under this title including leveraging programs,
and the State agrees not to use such funds for any purposes
other than those specified in this title;''.
SEC. 6. TARGETING OF ASSISTANCE TO HOUSEHOLDS WITH HIGH HOME ENERGY
BURDENS.
(a) Household Income.--Section 2605(b)(2)(B) (42 U.S.C.
8624(b)(2)(B)) is amended by striking the matter following clause (ii)
and inserting the following:
``except that a State may not exclude a household from
eligibility in 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 the
State may give priority to those households with the
highest home energy costs or needs in relation to
household income;''.
(b) Outreach Activities.--Section 2605(b)(3) (42 U.S.C. 8624(b)(3))
is amended by striking ``are made aware'' and inserting ``and
households with high home energy burdens, are made aware''.
(c) Assistance Levels.--Section 2605(b)(5) (42 U.S.C. 8624(b)(5))
is amended by inserting ``or needs'' after ``highest energy costs''.
(d) State Plan.--Section 2605(c)(1) (42 U.S.C. 8624(c)(1)) is
amended--
(1) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (H), respectively; and
(2) by inserting after subparagraph (D) the following new
subparagraph:
``(E) describes any steps that will be taken (in addition
to those necessary to carry out the assurance contained in
paragraph (5) of subsection (b)) to target assistance to
households with high home energy burdens;''.
SEC. 7. REMOVAL OF CONSTRAINT ON SECRETARIAL PROGRAM GUIDANCE.
Section 2605(b) (42 U.S.C. 8624(b)) is amended by striking the
first flush sentence immediately following paragraph (14).
SEC. 8. CLARIFICATION OF AUDIT REQUIREMENT.
Section 2605 (42 U.S.C. 8624) is amended--
(1) in subsection (b)(10), by striking ``and provide that''
and all that follows and inserting ``and provide that the State
will comply with the provisions of chapter 75 of title 31,
United States Code (commonly known as the `Single Audit
Act');''; and
(2) in subsection (e), by striking ``at least every two
years'' and all that follows and inserting ``in accordance with
chapter 75 of title 31, United States Code.''.
SEC. 9. USE OF DEPARTMENT OF ENERGY WEATHERIZATION RULES TO ACHIEVE
PROGRAM CONSISTENCY.
Section 2605(c)(1)(D) (42 U.S.C. 8624(c)(1)(D)) is amended by
inserting before the semicolon at the end thereof the following: ``,
including any steps the State will take to address the weatherization
and energy-related home repair needs of households that have
disproportionately high home energy costs or needs in relation to
household income, and describes the rules promulgated by the Department
of Energy for administration of its Low Income Weatherization
Assistance Program which the State, to the extent permitted by the
Secretary to increase consistency between federally assisted programs,
will follow regarding the use of funds provided under this title by the
State for such weatherization and energy-related home repairs and
improvements''.
SEC. 10. MATTERS TO BE DESCRIBED IN ANNUAL APPLICATION.
Section 2605(c)(1) (42 U.S.C. 8624(c)(1)) is amended--
(1) in subparagraph (F) (as so redesignated by section 6(d)
of this Act)--
(A) by striking ``and (13)'' and inserting ``(13),
and (15)''; and
(B) by striking ``and'' at the end thereof; and
(2) by inserting after subparagraph (F) (as so redesignated
by section 6(d) of this Act), the following new subparagraph:
``(G) states, with respect to the 12-month period specified
by the Secretary, the number and income levels of households
assisted with funds provided under this title, and the number
of households so assisted with--
``(i) a member who had attained 60 years of age;
``(ii) a member who was disabled; and
``(iii) one or more young children; and''.
SEC. 11. REPORT OF FUNDS AVAILABLE FOR OBLIGATION.
Section 2607(a) (42 U.S.C. 8628(a)) is amended--
(1) by inserting ``(1)'' after the subsection designation;
and
(2) by adding at the end thereof the following new
paragraph:
``(2) Each State shall notify the Secretary, not later than 2
months prior to the close of a fiscal year, of the amount (if any) of
its allotment for such year that will not be obligated in such year,
and, if such State elects to submit a request described in subsection
(b)(2), such State shall submit such request at the same time. The
Secretary shall make no payment under paragraph (1) to a State for a
fiscal year unless the State has complied with this paragraph with
respect to the prior fiscal year.''.
SEC. 12. MISCELLANEOUS AND TECHNICAL AMENDMENTS.
(a) In General.--
(1) Treatment of households.--Section 2605(b)(7) (42 U.S.C.
8624(b)(7) is amended--
(A) in subparagraph (B), by adding ``and'' at the
end thereof;
(B) in subparagraph (C), to read as follows:
``(C) assure that the home energy supplier will not
treat households receiving assistance under this title
less favorably than other households to which it
supplies home energy, and will comply with all
provisions under or pursuant to State law prohibiting
adverse or discriminatory treatment of such
households;''; and
(C) by striking subparagraph (D).
(2) Incentive program.--Section 2607A(e) (42 U.S.C.
8626a(e)) is amended by striking ``July 31, of each year'' and
inserting ``2 months after the close of the fiscal year during
which the State provided leveraged resources to eligible
households, as described in subsection (b)''.
(b) Technical Amendments.--
(1) Section 2602(b) (42 U.S.C. 8621(b)) is amended--
(A) by inserting ``(other than section 2607A)''
after ``to carry out the provisions of this title'';
and
(B) by striking the second period at the end
thereof.
(2) Section 2603(2) (42 U.S.C. 8622(2)) is amended--
(A) by striking ``the'' in paragraph (2) and
inserting ``The''; and
(B) by striking the semicolon at the end thereof
and inserting a period.
(3) The sentence that immediately precedes paragraph (15)
of section 2605(b) (42 U.S.C. 8624(b)) is transferred so as to
appear as a flush sentence immediately after paragraph (15).
(4) Section 2605(b)(3) (42 U.S.C. 8624(b)(3)) is amended by
striking ``handicapped'' and inserting ``disabled''.
(5) Section 2607A(c)(2) (42 U.S.C. 8626a(c)(2)) is amended
by striking ``.0008 percent'' and inserting ``0.08 percent''.
(6) Section 2610(a) (42 U.S.C. 8629(a)) is amended--
(A) in paragraph (2), by striking the semicolon
after ``used'' and inserting a semicolon after
``title''; and
(B) in paragraph (5)--
(i) by striking ``handicapped'' and
inserting ``disabled''; and
(ii) by inserting before the semicolon at
the end thereof ``or include young children''.
SEC. 13. EFFECTIVE DATE.
The amendments and repeals made by this Act shall become effective
on October 1, 1994. | Low-Income Home Energy Assistance Amendments of 1994 - Amends Federal law with respect to Home Energy Assistance to authorize the Secretary of Health and Human Services to make grants to States to assist low-income households, particularly those that pay a high proportion of household income, both for meeting immediate energy needs and in attaining the capacity to meet such needs independently in the future. Authorizes appropriations.
Authorizes appropriations for home energy assistance needs arising from a natural disaster or other emergency.
Modifies the authorized uses of funds including: (1) outreach activities and assistance particularly to low income households that pay a high proportion of household income for home energy; (2) intervention in energy crisis situations; (3) low-cost residential weatherization; and (4) State program planning and development, including leveraging programs.
Authorizes the States to give priority to households with the highest home energy burdens. Requires State applications for assistance to include a plan which targets assistance to households with high home energy burdens.
Repeals the prohibition against the Secretary's prescription of the manner in which the States will comply with the Low-Income Home Energy Assistance Act of 1981.
Requires State applications for assistance to include: (1) a plan which describes which Department of Energy rules for Low Income Weatherization Assistance Program the State will follow with respect to repairs and improvements; and (2) specified data on the households assisted under this Act.
Requires each State to notify the Secretary of any amounts that remain unobligated prior to the close of the fiscal year. | {"src": "billsum_train", "title": "Low-Income Home Energy Assistance Amendments of 1994"} | 3,326 | 326 | 0.552271 | 1.58903 | 0.843666 | 3.631229 | 9.302326 | 0.913621 |
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Trademark
Cyberpiracy Prevention Act''.
(b) References to the Trademark Act of 1946.--Any reference in this
Act to the Trademark Act of 1946 shall be a reference to the Act
entitled ``An Act to provide for the registration and protection of
trade-marks used in commerce, to carry out the provisions of certain
international conventions, and for other purposes'', approved July 5,
1946 (15 U.S.C. 1051 et seq.).
SEC. 2. CYBERPIRACY PREVENTION.
(a) In General.--Section 43 of the Trademark Act of 1946 (15 U.S.C.
1125) is amended by inserting at the end the following:
``(d)(1)(A) A person shall be liable in a civil action by the owner
of a trademark or service mark if, without regard to the goods or
services of the parties, that person--
``(i) has a bad faith intent to profit from that trademark
or service mark; and
``(ii) registers, traffics in, or uses a domain name that--
``(I) in the case of a trademark or service mark
that is distinctive at the time of registration of the
domain name, is identical or confusingly similar to
such mark;
``(II) in the case of a famous trademark or service
mark that is famous at the time of registration of the
domain name, is dilutive of such mark; or
``(III) is a trademark, word, or name protected by
reason of section 706 of title 18, United States Code,
or section 220506 of title 36, United States Code.
``(B) In determining whether there is a bad-faith intent described
under subparagraph (A), a court may consider factors such as, but not
limited to--
``(i) the trademark or other intellectual property rights
of the person, if any, in the domain name;
``(ii) the extent to which the domain name consists of the
legal name of the person or a name that is otherwise commonly
used to identify that person;
``(iii) the person's prior lawful use, if any, of the
domain name in connection with the bona fide offering of any
goods or services;
``(iv) the person's lawful noncommercial or fair use of the
mark in a site accessible under the domain name;
``(v) the person's intent to divert consumers from the mark
owner's online location to a site accessible under the domain
name that could harm the goodwill represented by the mark,
either for commercial gain or with the intent to tarnish or
disparage the mark, by creating a likelihood of confusion as to
the source, sponsorship, affiliation, or endorsement of the site;
``(vi) the person's offer to transfer, sell, or otherwise
assign the domain name to the mark owner or any third party for
financial gain without having used, or having an intent to use,
the domain name in the bona fide offering of any goods or
services;
``(vii) the person's provision of material and misleading
false contact information when applying for the registration of
the domain name or the person's intentional failure to maintain
accurate contact information;
``(viii) the person's registration or acquisition of
multiple domain names which the person knows are identical or
confusingly similar to trademarks or service marks of others
that are distinctive at the time of registration of such domain
names, or dilutive of famous trademarks or service marks of
others that are famous at the time of registration of such
domain names, without regard to the goods or services of such
persons;
``(ix) the person's history of offering to transfer, sell,
or otherwise assign domain names incorporating marks of others
to the mark owners or any third party for consideration without
having used, or having an intent to use, the domain names in
the bona fide offering of any goods and services;
``(x) the person's history of providing material and
misleading false contact information when applying for the
registration of other domain names which incorporate marks, or
the person's history of using aliases in the registration of
domain names which incorporate marks of others; and
``(xi) the extent to which the trademark or service mark
incorporated in the person's domain name registration is
distinctive and famous within the meaning of subsection (c)(1)
of section 43 of the Trademark Act of 1946 (15 U.S.C. 1125).
``(C) In any civil action involving the registration, trafficking,
or use of a domain name under this paragraph, a court may order the
forfeiture or cancellation of the domain name or the transfer of the
domain name to the owner of the mark.
``(D) A person shall be liable for using a domain name under
subparagraph (A)(ii) only if that person is the domain name registrant
or that registrant's authorized licensee.
``(E) As used in this paragraph, the term `traffics in' refers to
transactions that include, but are not limited to, sales, purchases,
loans, pledges, licenses, exchanges of currency, and any other transfer
for consideration or receipt in exchange for consideration.
``(2)(A) The owner of a mark may file an in rem civil action
against a domain name in the judicial district in which suit may be
brought against the domain name registrar, domain name registry, or
other domain name authority that registered or assigned the domain name
if--
``(i) the domain name violates any right of the registrant
of a mark registered in the Patent and Trademark Office, or
subsection (a) or (c) of this section, or is a trademark, word,
or name protected by reason of section 706 of title 18, United
States Code, or section 220506 of title 36, United States Code;
and
``(ii) the court finds that--
``(I) the owner has demonstrated due diligence and
was not able to find or was not able to serve a person
who would have been a defendant in a civil action under
paragraph (1); or
``(II) personal jurisdiction cannot be established
over any person who would have been a defendant in a
civil action under paragraph (1).
``(B) The remedies in an in rem action under this paragraph shall
be limited to a court order for the forfeiture or cancellation of the
domain name or the transfer of the domain name to the owner of the
mark.
``(C) The in rem action established under this paragraph and any
remedy available under such action shall be in addition to any other
civil action or remedy otherwise applicable.
``(3) The civil action established under paragraph (1) and any
remedy available under such action shall be in addition to any other
civil action or remedy otherwise applicable.''.
SEC. 3. DAMAGES AND REMEDIES.
(a) Remedies in Cases of Domain Name Piracy.--
(1) Injunctions.--Section 34(a) of the Trademark Act of
1946 (15 U.S.C. 1116(a)) is amended in the first sentence by
striking ``(a) or (c)'' and inserting ``(a), (c), or (d)''.
(2) Damages.--Section 35(a) of the Trademark Act of 1946
(15 U.S.C. 1117(a)) is amended in the first sentence by
inserting ``, (c), or (d)'' after ``section 43(a)''.
(b) Statutory Damages.--Section 35 of the Trademark Act of 1946 (15
U.S.C. 1117) is amended by adding at the end the following:
``(d) In a case involving a violation of section 43(d)(1), the
plaintiff may elect, at any time before final judgment is rendered by
the trial court, to recover, instead of actual damages and profits, an
award of statutory damages in the amount of not less than $1,000 and
not more than $100,000 per domain name, as the court considers just.
The court may remit statutory damages in any case in which the court
finds that an infringer believed and had reasonable grounds to believe
that use of the domain name by the infringer was a fair or otherwise
lawful use.''.
SEC. 4. LIMITATION ON LIABILITY.
Section 32(2) of the Trademark Act of 1946 (15 U.S.C. 1114) is
amended--
(1) in the matter preceding subparagraph (A) by striking
``under section 43(a)'' and inserting ``under section 43(a) or
(d)''; and
(2) by redesignating subparagraph (D) as subparagraph (E)
and inserting after subparagraph (C) the following:
``(D)(i) A domain name registrar, a domain name registry,
or other domain name registration authority that takes any
action described under clause (ii) affecting a domain name
shall not be liable for monetary relief to any person for such
action, regardless of whether the domain name is finally
determined to infringe or dilute the mark.
``(ii) An action referred to under clause (i) is any action
of refusing to register, removing from registration,
transferring, temporarily disabling, or permanently canceling a
domain name--
``(I) in compliance with a court order under
section 43(d); or
``(II) in the implementation of a reasonable policy
by such registrar, registry, or authority prohibiting
the registration of a domain name that is identical to,
confusingly similar to, or dilutive of another's mark
registered on the Principal Register of the United
States Patent and Trademark Office, or of a trademark,
word, or name protected by reason of section 706 of
title 18, United States Code, or section 220506 of
title 36, United States Code.
``(iii) A domain name registrar, a domain name registry, or
other domain name registration authority shall not be liable
for damages under this section for the registration or
maintenance of a domain name for another absent a showing of
bad faith intent to profit from such registration or
maintenance of the domain name.
``(iv) If a registrar, registry, or other registration
authority takes an action described under clause (ii) based on
a knowing and material misrepresentation by any other person
that a domain name is identical to, confusingly similar to, or
dilutive of a mark registered on the Principal Register of the
United States Patent and Trademark Office, or a trademark,
word, or name protected by reason of section 706 of title 18,
United States Code, or section 220506 of title 36, United
States Code, the person making the knowing and material
misrepresentation shall be liable for any damages, including
costs and attorney's fees, incurred by the domain name
registrant as a result of such action. The court may also grant
injunctive relief to the domain name registrant, including the
reactivation of the domain name or the transfer of the domain
name to the domain name registrant.
``(v) A domain name registrant whose domain name has been
suspended, disabled, or transferred under a policy described
under clause (ii)(II) may, upon notice to the mark owner, file
a civil action to establish that the registration or use of the
domain name by such registrant is not unlawful under this Act.
The court may grant injunctive relief to the domain name
registrant, including the reactivation of the domain name or
transfer of the domain name to the domain name registrant.''.
SEC. 5. DEFINITIONS.
Section 45 of the Trademark Act of 1946 (15 U.S.C. 1127) is amended
by inserting after the undesignated paragraph defining the term
``counterfeit'' the following:
``The term `domain name' means any alphanumeric designation which
is registered with or assigned by any domain name registrar, domain
name registry, or other domain name registration authority as part of
an electronic address on the Internet.
``The term `Internet' has the meaning given that term in section
230(f)(1) of the Communications Act of 1934 (47 U.S.C. 230(f)(1)).''.
SEC. 6. SAVINGS CLAUSE.
Nothing in this Act shall affect any defense available to a
defendant under the Trademark Act of 1946 (including any defense under
section 43(c)(4) of such Act or relating to fair use) or a person's
right of free speech or expression under the first amendment of the
United States Constitution.
SEC. 7. EFFECTIVE DATE.
Sections 2 through 6 of this Act shall apply to all domain names
registered before, on, or after the date of enactment of this Act,
except that damages under subsection (a) or (d) of section 35 of the
Trademark Act of 1946 (15 U.S.C. 1117), as amended by section 3 of this
Act, shall not be available with respect to the registration,
trafficking, or use of a domain name that occurs before the date of
enactment of this Act.
SEC. 8. ADJUSTMENT OF CERTAIN TRADEMARK AND PATENT FEES.
(a) Trademark Fees.--Notwithstanding the second sentence of section
31(a) of the Trademark Act of 1946 (15 U.S.C. 1113(a)), the
Commissioner of Patents and Trademarks is authorized in fiscal year
2000 to adjust trademark fees without regard to fluctuations in the
Consumer Price Index during the preceding 12 months.
(b) Patent Fees.--
(1) Original filing fee.--Section 41(a)(1)(A) of title 35,
United States Code, relating to the fee for filing an original
patent application, is amended by striking ``$760'' and
inserting ``$690''.
(2) Reissue fee.--Section 41(a)(4)(A) of title 35, United
States Code, relating to the fee for filing for a reissue of a
patent, is amended by striking ``$760'' and inserting ``$690''.
(3) National fee for certain international applications.--
Section 41(a)(10) of title 35, United States Code, relating to
the national fee for certain international applications, is
amended by striking ``$760'' and inserting ``$690''.
(4) Maintenance fees.--Section 41(b)(1) of title 35, United
States Code, relating to certain maintenance fees, is amended
by striking ``$940'' and inserting ``$830''.
(c) Effective Date.--Subsection (a) shall take effect on the date
of the enactment of this Act. The amendments made by subsection (b)
shall take effect 30 days after the date of the enactment of this Act. | (Sec. 2) Authorizes a court to order the forfeiture or cancellation of the domain name or its transfer to the mark owner.
Prescribes conditions for an in rem civil action, in addition to any other action, against a domain name by a mark owner. Limits remedies in an in rem action to a court order for the forfeiture or cancellation of the domain name or its transfer to the mark owner.
(Sec. 3) Provides for statutory damages in an amount of at least $1,000 and up to $100,000 per domain name, as the court considers just. Requires the court to remit statutory damages if an infringer believed with reasonable grounds that use of the domain name was fair or otherwise lawful.
(Sec. 4) Shields from liability for monetary relief, regardless of whether the domain name is finally determined to infringe or dilute the mark in question, any domain name registrar, registry, or other registration authority that refuses to register, removes from registration, transfers, temporarily disables, or permanently cancels a domain name: (1) in compliance with a court order; or (2) in the implementation of a reasonable policy prohibiting the registration of a domain name identical to, confusingly similar to, or dilutive of another's mark registered on the Principal Registry of the U.S. Patent and Trademark Office (USPTO Principal Registry) (or protected marks, words, or names of the Red Cross, the U.S. Olympic Committee, the International Olympic Committee, International Paralympic Committee, and the Pan-American Sports Organization).
Shields a registrar, registry, or other registration authority from liability for damages for the registration or maintenance of a domain name for another, unless there is a showing of bad faith intent to profit from such registration or maintenance of the domain name.
Makes liable to a domain name registrant for any damages, and at the court's discretion injunctive relief (including reactivation or transfer to the registrant of the domain name), any person who makes a knowing and material misrepresentation that a domain name is identical to, confusingly similar to, or dilutive of a mark registered on the USPTO Principal Registry (or protected marks, words, or names of the Red Cross, the U.S. Olympic Committee, the International Olympic Committee, International Paralympic Committee, and the Pan-American Sports Organization), and a registrar, registry, or other registration authority takes such an action based on such misrepresentation.
Authorizes a registrant whose domain name has been suspended, disabled, or transferred, upon notice to the mark owner, to file a civil action for injunctive relief (including reactivation or transfer to the registrant of the domain name) to establish that the registration or use of the domain name by such registrant is not unlawful under such Act.
(Sec. 8) Authorizes the Commissioner of Patents and Trademarks in FY 2000 to adjust trademark fees without regard to fluctuations in the Consumer Price Index during the preceding 12 months.
Amends Federal patent law to reduce: (1) from $760 to $690 original filing and reissue fees, as well as the national fee for certain international applications; and (2) from $940 to $830 the three-and-a-half year maintenance fee.
(Sec. 9) Directs the Secretary of Commerce to require the registry administrator for the .us top level domain to establish a second level domain name for the purpose of registering only domain names of the President, Members of Congress, U.S. Senators, and other current holders of, and official candidates and potential official candidates for, Federal, State, or local political office in the United States.
Directs the Secretary to establish guidelines and procedures under which individuals may register a domain name in such second level domain name.
Requires the Federal Election Commission to establish and maintain a list of individuals eligible, under such guidelines, to register a domain name in such second level domain name.
Authorizes the registry administrator and registrars for the .us top level domain to charge individuals reasonable fees for registering domain names under this Act.
(Sec. 10) Amends the National Historic Preservation Act to allow historic buildings and structures meeting the criteria for the National Register of Historic Places to retain the name by which they are listed on the Register, if that name is the historical name associated with the building or structure. | {"src": "billsum_train", "title": "Trademark Cyberpiracy Prevention Act"} | 3,374 | 986 | 0.553656 | 1.824176 | 0.530613 | 3.409581 | 3.622754 | 0.839521 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Sickle Cell
Disease Research, Surveillance, Prevention, and Treatment Act of
2014''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Sickle cell disease research.
Sec. 3. Sickle cell disease surveillance.
Sec. 4. Sickle cell disease prevention and treatment.
Sec. 5. Collaboration with community-based entities.
Sec. 6. Authorization of appropriations.
SEC. 2. SICKLE CELL DISEASE RESEARCH.
Part P of title III of the Public Health Service Act is amended by
inserting after section 399V-5 (42 U.S.C. 280g-16) the following:
``SEC. 399V-6. NATIONAL SICKLE CELL DISEASE RESEARCH, SURVEILLANCE,
PREVENTION, AND TREATMENT PROGRAM.
``(a) Research.--The Secretary may conduct or support research to
expand the understanding of the cause of, and to find a cure for,
sickle cell disease.''.
SEC. 3. SICKLE CELL DISEASE SURVEILLANCE.
Section 399V-6 of the Public Health Service Act, as added by
section 2, is amended by adding at the end the following:
``(b) Surveillance.--
``(1) Grants.--The Secretary shall, for each fiscal year
for which appropriations are available to carry out this
subsection, make grants to not more than 20 States--
``(A) to conduct surveillance and maintain data on
the prevalence and distribution of sickle cell disease
and its associated health outcomes, complications, and
treatments;
``(B) to conduct public health initiatives with
respect to sickle cell disease, including--
``(i) increasing efforts to improve access
to, and receipt of, high-quality sickle cell
disease-related health care, including the use
of proven treatments such as Hydroxyurea;
``(ii) working with partners to improve
health outcomes of people with sickle cell
disease over the lifespan by promoting
guidelines for sickle cell disease screening,
prevention, and treatment, including management
of sickle cell disease complications;
``(iii) providing support to community-
based organizations and State and local health
departments in conducting sickle cell disease
education and training activities for patients,
communities, and health care providers; and
``(iv) supporting and training State health
departments and regional laboratories in
comprehensive testing to identify specific
forms of sickle cell disease in people of all
ages; and
``(C) to identify and evaluate promising strategies
for prevention and treatment of sickle cell disease
complications, including through--
``(i) improving estimates of the national
incidence and prevalence of sickle cell
disease, including estimates about the specific
types of sickle cell disease;
``(ii) identifying health disparities
related to sickle cell disease;
``(iii) assessing the utilization of
therapies and strategies to prevent
complications related to sickle cell disease;
and
``(iv) evaluating the impact of genetic,
environmental, behavioral, and other risk
factors that may affect sickle cell disease
health outcomes.
``(2) Population included.--The Secretary shall, to the
extent practicable, award grants under this subsection to
States across the United States so as to include data on the
majority of the United States population with sickle cell
disease.
``(3) Application.--To seek a grant under this subsection,
a State shall submit an application to the Secretary at such
time, in such manner, and containing such information as the
Secretary may require.
``(4) Definitions.--In this subsection:
``(A) The term `Secretary' means the Secretary of
Health and Human Services, acting through the Director
of the National Center on Birth Defects and
Developmental Disabilities.
``(B) The term `State' includes the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico,
the United States Virgin Islands, the Commonwealth of
the Northern Mariana Islands, American Samoa, Guam, the
Federated States of Micronesia, the Republic of the
Marshall Islands, and the Republic of Palau.''.
SEC. 4. SICKLE CELL DISEASE PREVENTION AND TREATMENT.
(a) Reauthorization.--Section 712(c) of the American Jobs Creation
Act of 2004 (Public Law 108-357; 42 U.S.C. 300b-1 note) is amended--
(1) by striking ``Sickle Cell Disease'' each place it
appears and inserting ``sickle cell disease'';
(2) in paragraph (1)(A), by striking ``grants to up to 40
eligible entities for each fiscal year in which the program is
conducted under this section for the purpose of developing and
establishing systemic mechanisms to improve the prevention and
treatment of Sickle Cell Disease'' and inserting ``grants to up
to 25 eligible entities for each fiscal year in which the
program is conducted under this section for the purpose of
developing and establishing systemic mechanisms to improve the
prevention and treatment of sickle cell disease in populations
with a high density of sickle cell disease patients'';
(3) in paragraph (1)(B)--
(A) by striking clause (ii) (relating to priority);
and
(B) by striking ``Grant award requirements'' and
all that follows through ``The Administrator shall''
and inserting ``Geographic diversity.--The
Administrator shall'';
(4) in paragraph (2), by adding the following new
subparagraph at the end:
``(E) To expand, coordinate, and implement
transition services for adolescents with sickle cell
disease making the transition to adult health care.'';
and
(5) by striking paragraph (6).
(b) Technical Changes.--
(1) Subsection (c) of section 712 of the American Jobs
Creation Act of 2004 (Public Law 108-357; 42 U.S.C. 300b-1
note) is--
(A) transferred to the Public Health Service Act
(42 U.S.C. 201 et seq.); and
(B) inserted at the end of section 399V-6 of such
Act, as added and amended by sections 2 and 3 of this
Act.
(2) The table of contents in section 1(c) of the American
Jobs Creation Act of 2004 (Public Law 108-357) is amended by
striking the item relating to section 712.
SEC. 5. COLLABORATION WITH COMMUNITY-BASED ENTITIES.
Section 399V-6 of the Public Health Service Act, as amended by
section 3, is further amended by adding at the end the following:
``(c) Collaboration With Community-Based Entities.--To be eligible
to receive a grant or other assistance under subsection (a), (b), or
(c), an entity must have in effect a collaborative agreement with a
community-based organization with 5 or more years of experience in
providing services to sickle cell disease patients.''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
Section 399V-6 of the Public Health Service Act, as amended by
section 5, is further amended by adding at the end the following:
``(d) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $20,000,000 for each of fiscal
years 2015 through 2020.''. | Sickle Cell Disease Research, Surveillance, Prevention, and Treatment Act of 2014 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to make grants to states to: (1) collect data on the prevalence and distribution of sickle cell disease, (2) conduct sickle cell disease public health initiatives to improve access to care and health outcomes, and (3) identify and evaluate strategies for prevention and treatment of sickle cell disease complications. Revises and moves the sickle cell disease demonstration program from the American Jobs Creation Act of 2004 to the Public Health Service Act. | {"src": "billsum_train", "title": "Sickle Cell Disease Research, Surveillance, Prevention, and Treatment Act of 2014"} | 1,662 | 125 | 0.644488 | 1.533659 | 0.590614 | 3.698276 | 12.965517 | 0.939655 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disability Insurance Reform Act of
1994''.
SEC. 2. REFORM OF MONTHLY INSURANCE BENEFITS BASED ON DISABILITY
INVOLVING SUBSTANCE ABUSE.
(a) In General.--Section 225 of the Social Security Act (42 U.S.C.
425) is amended--
(1) by striking the heading and inserting the following:
``additional rules relating to benefits based on disability
``Suspension of Benefits'';
(2) by inserting before subsection (b) the following new
heading:
``Continued Payments During Rehabilitation Program''; and
(3) by adding at the end the following new subsection:
``Nonpayment of Benefits by Reason of Substance Abuse
``(c)(1)(A) Notwithstanding any other provision of this title, no
benefit based on disability under this title shall be paid to any
individual for any month during any period of consecutive months
beginning with a month in which such individual is medically determined
to be a drug addict or an alcoholic and ending with a month as of the
end of which--
``(i) the person, through an outpatient rehabilitation
program, has subsequently undergone treatment appropriate for
such condition for 3 months at an institution or facility
approved by the Secretary for purposes of this subsection, and
has complied with the terms, conditions, and requirements of
such treatment and with the requirements imposed under
paragraph (4); and
``(ii) the Secretary determines that--
``(I) the person has made progress towards
recovery, or has recovered; or
``(II) if the person has not made progress towards
recovery, the person meets such requirements
established in regulations as the Secretary deems
appropriate to effectuate the purposes of this title.
``(B) In any case in which an individual's disability is based in
whole or in part on a medical determination that the individual is a
drug addict or alcoholic, such individual's benefits based on
disability under this title which are otherwise payable for any month
preceding the month in which application for such benefits is made
(pursuant to section 202(j)(1) or the last sentence of section 223(b))
shall be payable only pursuant to a certification of such payment to a
representative payee of such individual pursuant to section 205(j).
``(2) If, after the 3-month treatment period referred to in
paragraph (1)(A), the Secretary determines that the person has not
recovered from the condition treated, then, as a condition of receiving
benefits based on disability under this title for any month after such
period, the person must continue to comply with the terms, conditions,
and requirements of such treatment and with the requirements imposed
under paragraph (4), until the month in which the Secretary determines
that the person has recovered from such condition.
``(3)(A) Notwithstanding any other provision of this title, in the
case of a person who fails to continue treatment as required by
paragraph (2), no benefit based on disability shall be paid under this
title for any month ending after such failure and before the person has
completed 2 weeks of such treatment.
``(B) In the case of a person to whom a benefit based on disability
under this title becomes payable for any month after a month for which
such benefit was not payable under subparagraph (A), and who thereafter
fails to continue treatment as required by paragraph (2), no benefit
based on disability shall be paid under this title for any month ending
after such failure and before the person has completed 2 months of such
treatment.
``(C) In the case of a person to whom a benefit based on disability
under this title becomes payable for any month after a month for which
such benefit was not payable under subparagraph (B), and who thereafter
fails to continue treatment as required by paragraph (2), no benefit
based on disability shall be paid under this title for any month ending
after such failure.
``(4) For purposes of this subsection, the term `benefit based on
disability' of an individual means a disability insurance benefit of
such individual under section 223 or a child's, widow's, or widower's
insurance benefit of such individual under section 202 based on the
disability of such individual.
``(5) Monthly insurance benefits under this title which would be
payable to any individual (other than the disabled individual to whom
benefits are not payable by reason of this subsection) on the basis of
the wages and self-employment income of such a disabled individual but
for the provisions of paragraph (1), shall be payable as though such
disabled individual were receiving such benefits which are not payable
under this subsection.
``(6) The Secretary shall provide for the monitoring and testing of
all individuals who are receiving benefits under this title and who as
a condition of such benefits are required to be undergoing treatment
and complying with the terms, conditions, and requirements thereof as
described in the preceding provisions of this subsection, in order to
assure such compliance and to determine the extent to which the
imposition of such requirements is contributing to the achievement of
the purposes of this title. The Secretary may retain jurisdiction in
the case of a hearing before the Secretary under this title to the
extent the Secretary determines necessary to carry out the preceding
sentence. The Secretary shall annually submit to the Congress a full
and complete report on the Secretary's activities under this paragraph.
``(7) The Secretary, in consultation with drug and alcohol
treatment professionals, shall develop standards for drug and alcohol
treatment programs, and in consultation with States, shall develop
guidelines to be used to review and evaluate the progress of
participants in such programs.''.
(b) Preservation of Medicare Benefits.--Section 226 of such title
(42 U.S.C. 426) is amended by adding at the end the following:
``(i) For purposes of this section, each person to whom a benefit
for any month is not payable by reason of section 225(c) shall be
treated as entitled to such benefit for such month if such person would
be entitled to such benefit for such month in the absence of such
section.''.
(c) Effective Date.--The amendments made by this section shall
apply to benefits payable for months beginning 90 or more days after
the date of the enactment of this Act.
SEC. 3. RESTRICTION OF FUTURE REPRESENTATIVE PAYEES TO GOVERNMENT
AGENCIES, STATE-LICENCED OR CERTIFIED FACILITIES, OR
STATE-BONDED OR LICENSED COMMUNITY-BASED NONPROFIT SOCIAL
SERVICE AGENCIES.
(a) Restriction to Qualified Organizations.--Section 205(j) of the
Social Security Act (42 U.S.C. 405(j)) is amended--
(1) in paragraph (1), by striking ``another individual, or
an organization,'' and inserting ``a qualified organization'';
(2) in paragraph (2)(A)(i), by striking ``the person'' and
inserting ``the qualified organization'', and by striking
``such person'' and inserting ``representatives of such
qualified organization'';
(3) in paragraph (2)(B)(i), by striking ``person'' each
place it appears in subclause (I) and inserting ``qualified
organization'', by striking ``person's social security account
number (or employer identification number)'' in subclause (II)
and inserting ``qualified organization's employer
identification number'', by striking ``such person'' in
subclause (III) and inserting ``such qualified organization'',
and by striking ``such person'' each place it appears in
subclause (IV) and inserting ``such qualified organization'';
and
(4) by striking paragraph (2)(B)(ii), by redesignating
paragraph (2)(B)(i) (as amended by paragraph (3)) as paragraph
(2)(B), and by redesignating subclauses (I), (II), (III), and
(IV) of paragraph (2)(B) (as redesignated) as clauses (i),
(ii), (iii), and (iv), respectively.
(b) Qualified Organization Defined.--
(1) In general.--Section 205(j)(2)(C)(i) of such Act (42
U.S.C. 405(j)(2)(C)(i)) is amended by striking ``Benefits of an
individual may not be certified for payment to any other person
pursuant to this subsection if--'' and inserting ``For purposes
of this subsection, the term `qualified organization' means an
agency or instrumentality of a State or a political subdivision
of a State, a nonprofit facility that is licensed or certified
as a care facility under the law of a State or a political
subdivision of a State, and, in connection with services
provided as a representative payee under this subsection in any
State, a community-based nonprofit social service agency which
is bonded or licensed in such State. Except as otherwise
provided in this subsection, such term does not include any
person if--''.
(2) Conforming amendments.--Section 205(j)(2)(C) of such
Act is further amended--
(A) by striking ``subparagraph (B)(i)(III)'' in
clause (i)(I) and inserting ``subparagraph (B)(iii)'',
and by striking ``subparagraph (B)(i)(IV)'' in clause
(i)(II) and inserting ``subparagraph (B)(iv)'';
(B) in clause (iii), by striking subclauses (I) and
(IV), by redesignating subclauses (II), (III), and (V)
as subclauses (I), (II), and (III), respectively, and
by striking ``an individual'' in subclause (III) (as
redesignated) and inserting ``a person''; and
(C) in clause (iv), by striking ``individual'' each
place it appears and inserting ``person''.
(c) Authorization for Fees.--Section 205(j)(4) of such Act (42
U.S.C. 405(j)(4)) is amended--
(1) by striking subparagraph (A) and inserting the
following:
``(4)(A) A qualified organization may collect from an individual a
monthly fee for expenses (including overhead) incurred by such
organization in providing services performed as such individual's
representative payee pursuant to this subsection if such fee does not
exceed 10 percent of the monthly benefit involved. Any agreement
providing for a fee in excess of the amount permitted under this
subparagraph shall be void and shall be treated as misuse by such
organization of such individual's benefits.'';
(2) by striking subparagraph (B);
(3) by redesignating subparagraph (C) as subparagraph (B)
and, in subparagraph (B) (as so redesignated), by striking
``qualified organization'' and inserting ``person''; and
(4) by striking subparagraph (D).
(d) Effective Date.--The amendments made by this section shall
apply with respect to certifications of payments to representative
payees made on or after the date of the enactment of this Act. Section
205(j) of the Social Security Act (42 U.S.C. 405(j)) as in effect
immediately before the date of the enactment of this Act shall continue
to apply, in the case of any person who is then a representative payee
under such section with respect to benefits for which certification of
payment to such person under such section is then in effect, until such
certification ceases to be effective under such section as then in
effect. | Disability Insurance Reform Act of 1994 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit the payment of benefits based on disability to any individual who is a drug addict or alcoholic until such individual: (1) undergoes appropriate substance abuse treatment at an approved facility; (2) has complied with the terms of such treatment; and (3) either recovers or makes progress towards recovery, with benefits terminated if the individual fails to continue treatment.
Requires lump sum disability payments to be made only through a qualified governmental or nonprofit care facility or community-based social service agency representative payees. Makes other changes with regard to representative payees, including allowing them to collect monthly fees for expenses in providing service.
Requires the Secretary of Health and Human Services to provide for a monitoring and testing program to ensure individual compliance with treatment requirements. | {"src": "billsum_train", "title": "Disability Insurance Reform Act of 1994"} | 2,673 | 197 | 0.592286 | 1.621171 | 0.767525 | 1.930233 | 13.697674 | 0.848837 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreclosure Accountability and
Transparency Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Alternative to foreclosure.--The term ``alternative to
foreclosure''--
(A) means a course of action with respect to a
mortgage offered to a borrower as an alternative to a
foreclosure action; and
(B) includes a short sale and deed in lieu of
foreclosure.
(2) Borrower.--The term ``borrower'' means a mortgagor who
is in default on their covered residential mortgage.
(3) Covered residential mortgage.--The term ``covered
residential mortgage'' means a federally related mortgage loan,
as defined in section 3(1) of the Real Estate Settlement
Procedures Act of 1974 (12 U.S.C. 2602(1)), that is secured by
a first or subordinate lien on residential real property.
(4) Foreclosure action.--The term ``foreclosure action''
means a judicial or nonjudicial foreclosure.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
SEC. 3. HOMEOWNER BILL OF RIGHTS.
(a) Action Required Before Commencing Foreclosure.--Notwithstanding
any other provision of State or Federal law, no foreclosure action may
be commenced with respect to a covered residential mortgage unless the
person commencing the foreclosure complies with the following
requirements:
(1) Notice.--
(A) In general.--
(i) Notification.--The borrower shall be
notified of the foreclosure action that may be
taken, and such notice shall provide detailed
information that includes the following:
(I) A statement of any rights of
the borrower under the applicable laws
governing the foreclosure action and
consumer rights.
(II) A statement of any deadlines
for filing answers, defenses, or
objections to the foreclosure action,
including those rights of the borrower
under the Real Estate Settlement
Procedures Act of 1974 (12 U.S.C. 2601
note) and any applicable State laws.
(III) A statement of any penalties
and other consequences for the borrower
if such borrower does not respond or
file answers to the foreclosure action.
(IV) A statement of the amounts
claimed to be in arrears under the
covered residential mortgage and
amounts needed to reinstate the account
and all associated costs and fees, set
forth in itemized and distinct
categories.
(V) A statement of current contact
information, including telephone
numbers, electronic mail addresses, and
postal addresses, at which the borrower
can obtain further information
regarding the mortgage account.
(VI) A description of--
(aa) any additional
options, such as a mortgage
workout, modification,
mitigation, redemption, and
other alternatives to
foreclosure that might be
available to the borrower to
prevent the foreclosure action
from proceeding; and
(bb) how the borrower can
obtain additional information
regarding such options.
(VII) A statement of the correct
names, telephone numbers, electronic
mail addresses, postal addresses, and
any State licensing numbers of the
mortgage holder, the mortgage servicer,
and the person or persons authorized to
take the actions described pursuant to
subclause (V).
(ii) Accepted means of notification.--The
notification given pursuant to clause (i) shall
be made in writing, by electronic mail (if such
information is known), by telephone, and by
making an in-person visit to the property that
secures the loan in connection with the covered
residential mortgage.
(B) Appeal.--
(i) Filing.--The borrower may file an
appeal with the Secretary to dispute the
accuracy of the information contained in the
notice described in subparagraph (A).
(ii) Timing.--The person commencing the
foreclosure shall have 30 days after an appeal
is filed under clause (i) to submit to the
Secretary documentation supporting the
information provided in the notification
provided under subparagraph (A)(i).
(iii) Determination.--The Secretary shall
make a determination as to whether or not the
information contained in the notice described
in subparagraph (A) is accurate and if
foreclosure action is permitted not later than
30 days after the documentation is submitted
under clause (ii).
(2) HUD certified counselors.--
(A) In general.--A borrower notified pursuant to
paragraph (1)(A) may seek assistance from a HUD-
approved housing counseling agency described under
section 106 of the Housing and Urban Development Act of
1968 (12 U.S.C. 1701x) to act as their agent in
connection with the foreclosure action.
(B) Documentation.--If a borrower seeks assistance
from a HUD-approved housing counseling agency under
subparagraph (A), all information and documentation in
connection with the foreclosure action shall be
provided to such counseling agency.
(3) Homeowner action.--
(A) Application.--
(i) In general.--A borrower shall have not
less than the 60-day period after a
notification under paragraph (1)(A) is received
to apply for a loan modification or commence an
alternative to foreclosure, and no foreclosure
action shall be initiated before the end of
such period.
(ii) Tolling.--The 60-day period described
in clause (i) shall be tolled during any period
of time in which the borrower has filed an
appeal pursuant to paragraph (1)(B) and the
Secretary, with respect to such appeal, has not
made a determination pursuant to clause (iii)
of such paragraph.
(B) Homeowner modification or alternatives to
foreclosure.--If a borrower applies for a loan
modification or submits documentation indicating that
such borrower is seeking an alternative to foreclosure
during the 60-day period described in subparagraph (A),
the foreclosure action may not be initiated against
such borrower until reasonable efforts have been made
by the person commencing the foreclosure action to
determine whether the borrower is eligible for a loan
modification or an alternative to foreclosure.
(C) Explanation of denial.--If a borrower is
declared ineligible for a loan modification or
alternative to foreclosure, such borrower shall be
given an explanation that includes the reasons why such
borrower is ineligible.
(b) Bar to Foreclosure Actions.--A violation of this section shall
be a bar to a foreclosure action.
(c) Certification.--At the completion of a foreclosure action, the
person who commenced such action shall certify that all Federal, State,
and local laws and regulations were followed with respect to the
foreclosure action and submit all applicable documentation (as such
term is defined in regulations promulgated by the Secretary to carry
out this Act) in connection with such action to the--
(1) borrower who was a party to the foreclosure action;
(2) recorder's office in the municipality that the property
that secures the loan in connection with the covered
residential mortgage is located; and
(3) Secretary.
(d) Rule of Construction.--Nothing in this Act may be construed as
to require a person commencing a foreclosure action under this section
to comply with the requirements under subsection (a) in the case of a
borrower who--
(1) was approved for a loan modification in connection with
a covered residential mortgage after applying for such
modification pursuant to subsection (a)(3)(A);
(2) had the terms of such mortgage modified after such
approval; and
(3) is in default on such mortgage.
(e) Relation to State Law.--This Act does not annul, alter, or
affect, or exempt any person subject to the provisions of this Act from
complying with, the laws of any State or subdivision thereof with
respect to a foreclosure action on a covered residential mortgage,
except to the extent that those laws are inconsistent with any
provision of this Act, and then only to the extent of the
inconsistency. No provision of the laws of any State or subdivision
thereof may be determined to be inconsistent with any provision of this
Act if such law is determined to require greater disclosure or notice
than is required under this Act or to provide greater protection to the
borrower than is required under this Act.
(f) Regulations.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall issue regulations to carry
out this Act.
SEC. 4. EFFECTIVE DATE.
This Act shall take effect upon the expiration of the 90-day period
beginning on the date of the enactment of this Act, and shall apply to
covered residential mortgages in which foreclosure action has not
commenced. | Foreclosure Accountability and Transparency Act - Prohibits commencement of a foreclosure action with respect to a federally related residential mortgage loan secured by a first or subordinate lien unless the person commencing the foreclosure complies with specified requirements pertaining to borrower: (1) notification, (2) assistance obtained from a Department of Housing and Urban Development (HUD)-approved housing counseling agency, and (3) application for loan modification or commencement of an alternative to foreclosure.
Makes a violation of this Act a bar to a foreclosure action.
Requires the person who commenced a foreclosure action, at the completion of such action, to certify that all federal, state, and local laws and regulations were followed and submit all applicable documentation in connection with such action to: (1) the borrower who was a party to the foreclosure action, (2) the recorder's office in the muncipality where the property securing the loan in connection with the covered residential mortgage is located, and (3) the Secretary of HUD. | {"src": "billsum_train", "title": "To provide homeowners with additional protections and safeguards against foreclosure, and for other purposes."} | 1,880 | 223 | 0.61911 | 1.922683 | 0.829417 | 3.708995 | 9.137566 | 0.925926 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fostering Stable Housing
Opportunities Act of 2016''.
SEC. 2. DEFINITION OF FAMILY.
Subparagraph (A) of section 3(b)(3) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(b)(3)(A)) is amended--
(1) in the first sentence--
(A) by striking ``(v)'' and inserting ``(vi)''; and
(B) by inserting after ``tenant family,'' the
following: ``(v) a child who is in foster care and has
attained an age such that the provision of foster care
for such child will end by reason of the age of the
child within 6 months,''; and
(2) in the second sentence, by inserting ``or (vi)'' after
``clause (v)''.
SEC. 3. PRIORITY FOR PUBLIC HOUSING OCCUPANCY AND SECTION 8 ASSISTANCE.
(a) Public Housing.--Subparagraph (A) of section 6(c)(4) of the
United States Housing Act of 1937 (42 U.S.C. 1437d(c)(4)(A)) is
amended--
(1) by striking ``this subparagraph'' and inserting ``this
clause''; and
(2) by striking the subparagraph designation and all that
follows through ``making dwelling units available'' and
inserting the following:
``(A) making dwelling units in public housing
available for occupancy, which shall provide that--
``(i) except for projects or portions of
projects designated for occupancy pursuant to
section 7(a), preference shall be given to
otherwise eligible children who are in foster
care, have attained an age such that the
provision of foster care for such child will
end by reason of the age of the child within 6
months, meet the requirements under clauses (i)
and (ii) of paragraph (1) of the definition of
`at risk of homelessness' in section 91.5 of
the Secretary's regulations (24 C.F.R. 91.5),
as in effect on September 1, 2016, and have
agreed to comply with the requirements under
section 37(c); and
``(ii) the public housing agency may
establish a system for making dwelling units
that are not occupied pursuant to the
preference under clause (i) available''.
(b) Voucher Assistance.--Subparagraph (A) of section 8(o)(6) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(o)(6)(A)) is
amended--
(1) by redesignating clauses (i) and (ii) as clauses (ii)
and (iii), respectively;
(2) by inserting before clause (ii), as so redesignated by
paragraph (1) of this subsection, the following new clause:
``(i) Children aging-out of foster care.--
In making tenant-based assistance under this
subsection available on behalf of eligible
families, each public housing agency shall give
preference to otherwise eligible children who
are in foster care, have attained an age such
that the provision of foster care for such
child will end by reason of the age of the
child within 6 months, meet the requirements
under clauses (i) and (ii) of paragraph (1) of
the definition of `at risk of homelessness' in
section 91.5 of the Secretary's regulations (24
C.F.R. 91.5), as in effect on September 1,
2016, and have agreed to comply with the
requirements under section 37(c).'';
(3) in clause (ii), as so redesignated by paragraph (1) of
this subsection, by inserting ``that is not made available in
accordance with the preference under clause (i)'' after ``under
this subsection''; and
(4) in clause (iii), as so redesignated by paragraph (1) of
this subsection, by striking ``this subparagraph'' and
inserting ``clause (ii)''.
(c) PHA Project-Based Voucher Assistance.--Subparagraph (J) of
section 8(o)(13) of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)(13)(J)) is amended--
(1) in the first sentence, by inserting before the period
at the end the following: ``, except that the agency shall give
preference to otherwise eligible children who are in foster
care, have attained an age such that the provision of foster
care for such child will end by reason of the age of the child
within 6 months, meet the requirements under clauses (i) and
(ii) of paragraph (1) of the definition of `at risk of
homelessness' in section 91.5 of the Secretary's regulations
(24 C.F.R. 91.5), as in effect on September 1, 2016, and have
agreed to comply with the requirements under section 37(c)'';
and
(2) in the third sentence, by striking ``The agency'' and
inserting the following: ``For units that are made available
after preference is provided pursuant to the first sentence of
this subparagraph, the agency''.
(d) Project-Based Section 8 Rental Assistance.--Subparagraph (A) of
section 8(d)(1) of the United States Housing Act of 1937 (42 U.S.C.
1437f(d)(1)(A)) is amended--
(1) by striking ``except that with respect'' and inserting
the following: ``except that--
``(i) in the case of assisted dwelling
units in a project assisted with project-based
assistance under this section, the tenant
selection criteria used by the owner shall give
preference to otherwise eligible children who
are in foster care, have attained an age such
that the provision of foster care for such
child will end by reason of the age of the
child within 6 months, meet the requirements
under clauses (i) and (ii) of paragraph (1) of
the definition of `at risk of homelessness' in
section 91.5 of the Secretary's regulations (24
C.F.R. 91.5), as in effect on September 1,
2016, and have agreed to comply with the
requirements under section 37(c); and
``(ii) with respect''; and
(2) by inserting ``after preference is provided pursuant to
clause (i)'' after ``to be assisted''.
(e) Terms and Conditions on Priority.--Title I of the United States
Housing Act of 1937 (42 U.S.C. 1437 et seq.) is amended by adding at
the end the following new section:
``SEC. 37. TERMS AND CONDITIONS ON PREFERENCE FOR ASSISTANCE FOR
CHILDREN AGING OUT OF FOSTER CARE.
``(a) Preference.--For purposes of this section, the term
`preference for housing assistance' means preference, for an otherwise
eligible child in foster care, for--
``(1) occupancy in a public housing dwelling unit, pursuant
to section 6(c)(4)(A)(i);
``(2) tenant-based assistance under section 8(o), pursuant
to paragraph (6)(A)(i) of such section;
``(3) project-based assistance under section 8(o)(13),
pursuant to subparagraph (J) of such section; and
``(4) occupancy in a dwelling unit in a project assisted
with project-based assistance under section 8, pursuant to
subsection (d)(1)(A)(i) of such section.
``(b) Early Application for Assistance.--Notwithstanding the period
during which a preference for housing assistance is provided for a
person, an otherwise eligible person may apply for such occupancy or
assistance at any time after such person attains 16 years of age.
``(c) Requirement for Employment, Education, or Training.--
``(1) In general.--Except as provided in paragraph (2),
each person occupying a dwelling unit pursuant to a preference
for housing assistance shall be, not later than 12 months after
such initial occupancy and for at least 9 months of each
successive 12-month period thereafter--
``(A) employed on average at least 35 hours of
service per week;
``(B) engaged in vocational, technical, or
workforce development training or in an apprenticeship,
on a full-time basis, as classified by a vocational,
technical, workforce development training institution
or entity;
``(C) enrolled in a secondary school, an
institution of higher education, or other institution
providing post-secondary education, on a full-time
basis, as classified by an educational institution; or
``(D) engaged in a combination of activities
described in subparagraphs (A) through (C) to such an
extent that, in the aggregate, such engagement is on
such a full-time basis.
The Secretary shall require the public housing agency or
project owner, as applicable, to verify compliance with the
requirement under this paragraph by each person occupying a
dwelling unit assisted or administered by such agency or owner,
as applicable, pursuant to a preference for housing assistance
annually in conjunction with reviews of income for purposes of
determining eligibility for assistance described in subsection
(a).
``(2) Exceptions.--The requirement under paragraph (1)
shall not apply to--
``(A) a person physically or mentally unfit for
employment, as determined in accordance with such
standards as the Secretary shall establish;
``(B) a parent or other household member
responsible for the care of a dependent child under 6
or an incapacitated person; and
``(C) a person who is regularly and actively
participating in a drug addiction or alcoholic
treatment and rehabilitation program.
``(d) Limitation on Bedrooms.--A dwelling unit that is occupied by
a person, or assisted with assistance made available on behalf of a
person, pursuant to a preference for housing assistance may contain
more than one bedroom only if such additional bedrooms are occupied
only by other persons who occupy such dwelling unit, or receive
assistance made available, pursuant to a preference for housing
assistance.
``(e) Termination of Assistance.--The public housing agency or
project owner, as applicable, shall terminate any occupancy of, or
assistance on behalf of, a person pursuant to any preference for
housing assistance upon the person attaining 25 years of age or upon
substantial noncompliance with the requirement under subsection (c),
except that nothing in this clause may be construed to prohibit or
affect the eligibility of any person for occupancy of housing assisted
under this title or rental assistance under section 8, that is provided
other than pursuant to a preference under this subparagraph.''.
SEC. 4. PRIORITY FOR RURAL RENTAL ASSISTANCE.
Paragraph (2) of section 521(a) of the Housing Act of 1949 (42
U.S.C. 1490a(a)(2)) is amended by adding at the end the following new
subparagraph:
``(F)(i) In making occupancy in a project assisted under this
paragraph, and rental assistance under this paragraph, available on
behalf of eligible families, the project owner shall give preference to
otherwise eligible children who--
``(I) are in foster care;
``(II) have attained an age such that the provision of
foster care for such child will end by reason of the age of the
child within 6 months;
``(III) meet the requirements under clauses (i) and (ii) of
paragraph (1) of the definition of `at risk of homelessness' in
section 91.5 of the Secretary of Housing and Urban
Development's regulations (24 C.F.R. 91.5), as in effect on
September 1, 2016; and
``(IV) have agreed to comply with the requirements under
clause (iii).
``(ii) Notwithstanding the period during which a preference
pursuant to clause (i) for occupancy in project assisted under this
paragraph or for rental assistance under this paragraph is provided for
a person, an otherwise eligible person may apply for such occupancy or
assistance at any time after the person attains 16 years of age.
``(iii)(I) Except as provided in subclause (II), each person
occupying a dwelling unit pursuant to a preference under this
subparagraph shall be, not later than 12 months after such initial
occupancy and for at least 9 months of each successive 12-month period
thereafter--
``(aa) employed on average at least 35 hours of service per
week;
``(bb) engaged in vocational, technical, or workforce
development training or in an apprenticeship, on a full-time
basis, as classified by a vocational, technical, workforce
development training institution or entity;
``(cc) enrolled in a secondary school, an institution of
higher education, or other institution providing post-secondary
education, on a full-time basis, as classified by an
educational institution; or
``(dd) engaged in a combination of activities described in
items (aa) through (cc) to such an extent that, in the
aggregate, such engagement is on such a full-time basis.
The Secretary shall require a project owner to verify compliance with
the requirement under this subclause by each person occupying a
dwelling unit pursuant to a preference under this subparagraph annually
in conjunction with reviews of income for purposes of determining
eligibility for assistance described in clause (i).
``(II) The requirement under subclause (I) shall not apply to--
``(aa) a person physically or mentally unfit for
employment, as determined in accordance with such standards as
the Secretary shall establish;
``(bb) a parent or other household member responsible for
the care of a dependent child under 6 or an incapacitated
person; and
``(cc) a person who is regularly and actively participating
in a drug addiction or alcoholic treatment and rehabilitation
program.
``(iv) A dwelling unit that is occupied by a person pursuant to a
preference under this subparagraph may contain more than one bedroom
only if such additional bedrooms are occupied only by other persons who
occupy such dwelling unit pursuant to a preference under this
subparagraph.
``(v) The project owner shall terminate any occupancy of a person
pursuant to the preference under clause (i) upon the person attaining
25 years of age or upon substantial noncompliance with the requirement
under clause (ii), except that nothing in this clause may be construed
to prohibit or affect the eligibility of any person for occupancy in a
project assisted under this paragraph or for rental assistance under
this paragraph, other than pursuant to a preference under this
subparagraph.''.
SEC. 5. REPORTS TO CONGRESS.
(a) Requirement.--The Secretary of Housing and Urban Development
and the Secretary of Agriculture shall jointly submit reports to the
Congress regarding the status and outcomes of persons provided
preference for housing assistance pursuant to the amendments made by
sections 2 through 4 of this Act.
(b) Contents.--Reports under this section shall include such
information as may be necessary to assess and evaluate the long-term
success of providing preference for housing assistance pursuant to such
amendments and to identify any changes to facilitate improving such
success. Such reports shall include information regarding the outcomes
for persons provided such preference with respect to the period
beginning upon initial provision of such housing assistance on behalf
of such person and ending 10 years after termination of such assistance
and shall include the following information regarding such persons:
(1) Employment and career status.
(2) Housing situation.
(3) Educational, training, or vocational attainment.
(4) Physical, mental, and emotional well-being (including
any instances of substance abuse).
(5) Instances of arrests, incarcerations, and other
interactions with the criminal justice system.
(6) Marital and familial status.
(7) Any other relevant information as the Secretaries
consider appropriate to facilitate successful operation of the
program under the amendments made by this Act.
(c) Protection of Privacy.--Reports under this section shall
contain aggregate information regarding outcomes described in
subsection (b) and shall not contain any personally identifiable
information.
(d) Timing.--The first report under this section shall be submitted
to the Congress not later than the expiration of the 10-year period
beginning on the date of the enactment of this Act and the Secretaries
referred to in subsection (a) shall submit a report not later than the
expiration of each successive 5-year period thereafter. | Fostering Stable Housing Opportunities Act of 2016 This bill amends the United States Housing Act of 1937 to include within the definition of "families" a child who is in foster care and has attained an age such that the provision of foster care for such child will end by reason of the age of the child within six months. Preference is given, subject to certain terms and conditions, for public housing occupancy and section 8 housing assistance under such Act to certain otherwise eligible children who are aging out of foster care and are at-risk for homelessness. The bill amends the Housing Act of 1949 to give preference for rural rental assistance to certain otherwise eligible children who are aging out of foster care and are at-risk of homelessness. | {"src": "billsum_train", "title": "Fostering Stable Housing Opportunities Act of 2016"} | 3,636 | 159 | 0.615965 | 1.837343 | 0.77107 | 4.787234 | 23.829787 | 0.914894 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Louisiana Purchase and Lewis and
Clark Expedition Bicentennial Commission Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the bicentennial of the Louisiana Purchase occurs in
2003, two hundred years after the United States, under the
leadership of President Thomas Jefferson and after due
consideration and approval by Congress, paid $15 million to
France to acquire the vast area in the western half of the
Mississippi River Basin;
(2) the Louisiana Purchase was the largest peaceful land
transaction in history and virtually doubled the size of the
United States;
(3) the Louisiana Purchase opened the heart of the North
American continent for exploration, settlement, and
achievement, as exemplified by the Lewis and Clark Expedition
of 1803 to 1806, which secured through heroic efforts the first
documentation of the inhabitants, riches, and grandeur of this
new territory of the United States;
(4) in the wake of the Louisiana Purchase and Lewis and
Clark Expedition, immigrants from around the world came to the
American frontier, which became emblematic of the search for
political, economic, and spiritual freedom; and
(5) commemoration of the Louisiana Purchase and the opening
of the West can enhance public understanding of the impact of
Westward expansion on American society and can provide lessons
for democratic governance in our own time.
SEC. 3. ESTABLISHMENT AND COMPOSITION OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``Louisiana Purchase and Lewis and Clark Expedition Bicentennial
Commission'' (hereinafter in this Act referred to as the
``Commission'') to plan, encourage, coordinate, and conduct the
commemoration of the two hundredth anniversary of the Louisiana
Purchase and its exploration by Lewis and Clark.
(b) Composition.--The Commission shall be composed of 24 members,
who shall be appointed not later than 90 days after the date of the
enactment of this Act, as follows:
(1) Eight members appointed by the President upon the
recommendation of the majority leader of the Senate in
consultation with the minority leader of the Senate.
(2) Eight members appointed by the President upon
recommendation of the Speaker of the House of Representatives
in consultation with the minority leader of the House of
Representatives.
(3) Eight members appointed by the President, which members
shall be broadly representative of the people of the United
States, and not otherwise officers or employees of the United
States.
(c) Qualifications.--The President and each of the individuals
making recommendations to the President regarding appointments shall
seek to achieve a balanced membership representing, to the extent
practicable, the Nation as a whole. The Commission members shall be
chosen from among individuals who have demonstrated scholarship, a
strong sense of public service, expertise in the learned professions,
and abilities likely to contribute to the fulfillment of the duties of
the Commission.
(d) Terms.--Members of the Commission shall be appointed for the
life of the Commission.
(e) International Participation.--The President is authorized and
requested to invite the governments of Canada, France, Great Britain,
Mexico, and Spain each to appoint, not later than 90 days after the
date of the enactment of this Act, one individual to serve as a
nonvoting participant in the activities of the Commission.
(f) Chair and Vice-Chair.--The President shall designate one of the
members to be Chairperson, who shall serve in that position at the
pleasure of the President. The Commission shall elect a Vice-
Chairperson from among its members.
(g) Quorum.--Thirteen members of the Commission shall constitute a
quorum, but a lesser number may conduct meetings.
(h) Vacancies.--A vacancy in the Commission shall be filled in the
same manner in which the original appointment was made.
(i) Compensation.--The members of the Commission shall serve
without compensation, but each member shall be reimbursed for travel,
subsistence, and other necessary expenses incurred in the performance
of Commission duties.
SEC. 4. DUTIES OF THE COMMISSION.
(a) In general.--The Commission shall--
(1) plan and develop activities appropriate to commemorate
the bicentennial of the Louisiana Purchase and the Lewis and
Clark Expedition, including a limited number of projects to be
undertaken by the Federal Government, seeking to harmonize and
balance the important goals of ceremony and celebration with
the equally important goals of scholarship and education;
(2) consult with and encourage Indian tribes, appropriate
Federal departments and agencies, State and local governments,
foreign governments, and private organizations to organize and
participate in bicentennial activities commemorating or
examining the history of the Louisiana Territory, the
negotiation of the Louisiana Purchase, the Lewis and Clark
Expedition, the specific characteristics of the frontier
movement and the westward expansion of the United States with
their influences on the culture of the world; and
(3) coordinate, generally, activities throughout the United
States and international activities related to the history and
influence of the Louisiana Purchase and the Lewis and Clark
Expedition.
(b) Federal Agency Cooperation.--Federal departments and agencies
are authorized and requested to cooperate with the Commission in
planning, encouraging, coordinating, and conducting appropriate
commemorative activities.
SEC. 5. POWERS OF THE COMMISSION.
(a) In general.--The Commission may provide for--
(1) the preparation, distribution, dissemination,
exhibition, and sale of historical, commemorative, and
informational materials and objects which will contribute to
public awareness of, and interest in, the bicentennial, except
that any commemorative coins, medals, or postage stamps
recommended to be issued by the United States shall be sold
only by an agency of the United States;
(2) competitions and awards for historical, scholarly,
artistic, literary, musical, and other works, programs, and
projects relating to the bicentennial;
(3) a bicentennial calendar or register of programs and
projects, and in other ways provide a central clearinghouse for
information and coordination regarding dates, events, places,
documents, artifacts, and personalities of bicentennial
historical and commemorative significance; and
(4) the design and designation of logos, symbols, or marks
for use in connection with the commemoration of the
bicentennial of the Louisiana Purchase and Lewis and Clark
Expedition, and shall prescribe rules and regulations regarding
their use, which shall provide that the Commission may not
sell, lease, or otherwise grant to any person the right to use
any such logo, symbol, or mark in connection with the
production or manufacture of any commercial goods, or as part
of an advertisement promoting any commercial goods or services.
(b) Donations.--
(1) In general.--The Commission may accept, use, solicit,
and dispose of donations of money, property, or personal
services.
(2) Limitations.--The Commission may not accept donations--
(A) the value of which exceeds $50,000 annually, in
the case of donations from an individual; or
(B) the value of which exceeds $250,000 annually,
in the case of donations from a corporation,
partnership, or other business organization.
(3) Exception.--The limitations in paragraph (2) shall not
apply in the case of an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
501(c)(3)) and exempt from taxation under section 501(a) of
such Code.
(c) Preservation.--All books, manuscripts, miscellaneous printed
matter, memorabilia, relics, and other materials or property relating
to the time period of the Louisiana Purchase and the Lewis and Clark
Expedition, received by the Commission by donation may be deposited for
preservation in National, State, or local libraries, museums, or other
agencies.
SEC. 6. ADMINISTRATIVE PROVISIONS AND POWERS.
(a) In General.--
(1) Appointment of officers.--The Chairperson, with the
advice of the whole Commission, shall appoint, to serve at the
pleasure of the Chairperson, without regard to the provisions
of title 5, United States Code, governing appointments in the
competitive service--
(A) a Director who may be compensated at a rate not
to exceed the rate of basic pay payable for level IV of
the Executive Schedule established under section 5315
of such title; and
(B) a Deputy Director who may be compensated at a
rate not to exceed the rate of basic pay payable for
level V of the Executive Schedule established under
section 5316 of such title.
(2) Delegation to director.--The Commission may delegate
such powers and duties to the Director as may be necessary for
the efficient operation and management of the Commission.
(b) General Powers.--Subject to such rules and regulations as may
be adopted by the Commission, the Commission may--
(1) appoint and fix the compensation of such additional
personnel, not to exceed 20 staff members, as it deems
advisable, without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service,
and without regard to chapter 51 and subchapter III of chapter
53 of such title relating to classification and General
Schedule pay rates, but at rates not in excess of the maximum
rate for grade GS-15 of the General Schedule under section 5332
of such title;
(2) appoint such advisory committees as it deems necessary;
and
(3) procure supplies, services, and property, make
contracts, expend funds appropriated, donated, or received to
carry out such contracts.
(c) Staff Detailed From Federal Agencies.--Upon request of the
Commission, the head of any Federal agency may detail any of the
personnel of such agency to the Commission to assist the Commission in
carrying out its duties under this Act.
(d) Staff Paid From Donated Funds.--The Commission may appoint and
fix the pay of additional personnel to be paid out of private
donations.
(e) Principal Office.--The principal office of the Commission shall
be in St. Louis, Missouri.
SEC. 7. REPORTING AND TERMINATION.
(a) Annual Reports.--The Commission shall report to the President
and Congress annually on its activities, its expenditures, and all
donations.
(b) Comprehensive Report.--Not later than three years after the
date of the enactment of this Act, the Commission shall submit to the
President and to Congress a comprehensive report incorporating its
specific recommendations for the commemoration of the bicentennial of
the Louisiana Purchase and Lewis and Clark Expedition and related
events. The report of the Commission shall include recommendations for
the allocation of financial and administrative responsibility among the
public and private authorities and organizations recommended for
participation by the Commission. This report may recommend activities
such as--
(1) the production, publication, and distribution of books,
pamphlets, films, electronic publications, and other
educational materials focusing on the history and impact of the
Louisiana Purchase on the United States and the world;
(2) bibliographical and documentary projects, publications,
and electronic resources;
(3) conferences, convocations, lectures, seminars, and
other programs;
(4) the development of programs by and for libraries,
museums, parks, and historic sites, including national and
international traveling exhibitions;
(5) ceremonies and celebrations commemorating specific
events;
(6) the production, distribution, and performance of
artistic works, and of programs and activities, focusing on the
national and international significance of the Louisiana
Purchase and the westward movement opening the frontier for
present and future generations; and
(7) the issuance of commemorative coins, medals,
certificates of recognition, and postage stamps.
(c) Final Report and Termination.--The Commission shall make a
final report to the President and Congress, and shall terminate, by
March 1, 2007.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out the purposes of this Act $1,000,000 for fiscal year 2000 and such
sums as may be necessary for the subsequent fiscal years through fiscal
year 2007.
(b) Availability of Funds.--Amounts appropriated under this section
for any fiscal year shall remain available until March 1, 2007.
(c) Limitation.--The total appropriations authorized under this Act
shall not exceed $8,000,000. | Louisiana Purchase and Lewis and Clark Expedition Bicentennial Commission Act - Establishes the Louisiana Purchase and Lewis and Clark Expedition Bicentennial Commission to plan, encourage, coordinate, and conduct the commemoration of the 200th anniversary of the Louisiana Purchase and its exploration by Lewis and Clark.
Authorizes appropriations. | {"src": "billsum_train", "title": "Louisiana Purchase and Lewis and Clark Expedition Bicentennial Commission Act"} | 2,645 | 69 | 0.559027 | 1.400453 | 0.982797 | 6.566038 | 47 | 0.943396 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental Crimes and Enforcement
Act of 1999''.
SEC. 2. REIMBURSEMENT OF STATE, LOCAL, OR TRIBAL GOVERNMENT COSTS FOR
ASSISTANCE IN FEDERAL INVESTIGATION AND PROSECUTION OF
ENVIRONMENTAL CRIMES.
(a) In General.--Chapter 232 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 3674. Reimbursement of State, local, or tribal government costs
for assistance in Federal investigation and prosecution
of environmental crimes
``(a) Definition of Environmental Crime.--In this section, the term
`environmental crime' means an offense that is punishable under--
``(1) section 14(b) of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136l(b));
``(2) section 16(b) of the Toxic Substances Control Act (15
U.S.C. 2615(b));
``(3) section 10, 12, 13, or 16 of the Act of March 3, 1899
(commonly known as the `Rivers and Harbors Appropriation Act of
1899') (33 U.S.C. 403, 406, 407, 411);
``(4) section 309(c) or 311(b)(5) of the Federal Water
Pollution Control Act (33 U.S.C. 1319(c), 1321(b)(5));
``(5) section 105(b) of the Marine Protection, Research,
and Sanctuaries Act of 1972 (33 U.S.C. 1415(b));
``(6) section 9(a) of the Act to Prevent Pollution from
Ships (33 U.S.C. 1908(a));
``(7) section 4109(c) of the Shore Protection Act of 1988
(33 U.S.C. 2609(c));
``(8) section 1423(b)(2) or subsection (a) or (b) of
section 1432 of the Safe Drinking Water Act (42 U.S.C. 300h-
2(b)(2), 300i-1);
``(9) subsection (d), (e), or (i) of section 3008 of the
Solid Waste Disposal Act (42 U.S.C. 6928);
``(10) section 113(c) of the Clean Air Act (42 U.S.C.
7413(c));
``(11) subsection (b) or (d) of section 103 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9603);
``(12) section 325(b)(4) of the Emergency Planning and
Community Right-To-Know Act of 1986 (42 U.S.C. 11045(b)(4));
``(13) section 303(a) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1733(a)); or
``(14) section 5124 or subsection (a) or (b) of section
60123 of title 49, United States Code.
``(b) Reimbursement.--On the motion of the United States, a person
convicted of an environmental crime shall be ordered to pay the costs
incurred by a State, local, or tribal government in assisting in the
investigation and prosecution of the case by the United States.
``(c) Use of Amounts Paid.--An amount paid to a State, local, or
tribal government under subsection (b) shall be used solely for the
enforcement of environmental laws.''.
(b) Conforming Amendment.--The analysis for chapter 232 of title
18, United States Code, is amended by adding at the end the following:
``3674. Reimbursement of State, local, or tribal government costs for
assistance in Federal investigation and
prosecution of environmental crimes.''.
SEC. 3. PROTECTION OF GOVERNMENT EMPLOYEES AND THE PUBLIC FROM
ENVIRONMENTAL CRIMES.
(a) In General.--Chapter 39 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 837. Protection of government employees and the public from
environmental crimes
``(a) Definitions.--In this section:
``(1) Environmental crime.--The term `environmental crime'
means an offense that is punishable under--
``(A) section 14(b) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136l(b));
``(B) section 16(b) of the Toxic Substances Control
Act (15 U.S.C. 2615(b));
``(C) paragraph (2) or (4) of section 309(c) or
section 311(b)(5) of the Federal Water Pollution
Control Act (33 U.S.C. 1319(c), 1321(b)(5));
``(D) section 105(b) of the Marine Protection,
Research, and Sanctuaries Act of 1972 (33 U.S.C.
1415(b));
``(E) section 1423(b)(2) or subsection (a) or (b)
of section 1432 of the Safe Drinking Water Act (42
U.S.C. 300h-2(b)(2), 300i-1);
``(F) section 3008(d) of the Solid Waste Disposal
Act (42 U.S.C. 6928(d));
``(G) paragraph (1) or (2) of section 113(c) of the
Clean Air Act (42 U.S.C. 7413(c));
``(H) subsection (b) or (d) of section 103 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9603);
``(I) section 325(b)(4) of the Emergency Planning
and Community Right-To-Know Act of 1986 (42 U.S.C.
11045(b)(4)); or
``(J) section 5124 or subsection (a) or (b) of
section 60123 of title 49, United States Code.
``(2) Organization.--
``(A) In general.--The term `organization' means a
legal entity (other than a government) organized for
any purpose.
``(B) Inclusions.--The term `organization' includes
a corporation, company, association, firm, partnership,
joint stock company, foundation, institution, trust,
society, union, or any other association of persons.
``(3) Serious bodily injury.--The term `serious bodily
injury' means bodily injury that involves--
``(A) unconsciousness;
``(B) extreme physical pain;
``(C) protracted and obvious disfigurement; or
``(D) protracted loss or impairment of the function
of a bodily member, organ, or mental faculty.
``(b) Penalty.--A person convicted of an environmental crime that
is the proximate cause of serious bodily injury to or the death of any
person--
``(1) in the case of an environmental crime described in
subparagraph (A) or (B) of subsection (a)(1)--
``(A) shall be imprisoned not more than 5 years,
fined under this title, or both; or
``(B) if the person is an organization, shall be
fined not more than $1,000,000; and
``(2) in the case of an environmental crime described in
subparagraph (C), (D), (E), (F), (G), (H), (I), or (J) of
subsection (a)(1)--
``(A) shall be imprisoned not more than 20 years,
fined not more than $500,000, or both; or
``(B) if the person is an organization, shall be
fined not more than $2,000,000.''.
(b) Conforming Amendment.--The analysis for chapter 39 of title 18,
United States Code, is amended by adding at the end the following:
``837. Protection of government employees and the public from
environmental crimes.''.
SEC. 4. ENVIRONMENTAL CRIMES TRAINING FOR STATE, LOCAL, AND TRIBAL LAW
ENFORCEMENT PERSONNEL.
(a) Short Title.--This section may be cited as the ``Environmental
Crimes Training Act of 1999''.
(b) Law Enforcement Personnel.--In this section, the term ``law
enforcement personnel'' includes inspectors, civil and criminal
investigators, technical experts, regulators, government lawyers, and
police.
(c) Program.--
(1) Establishment of program.--As soon as practicable after
the date of enactment of this Act, the Administrator of the
Environmental Protection Agency shall establish within the
Office of Enforcement and Compliance Assurance a program to be
known as the ``State, Local, and Tribal Environmental
Enforcement Training Program'' (referred to in this section as
the ``program'').
(2) Administration.--The program shall be administered by
the National Enforcement Training Institute of the Office of
Criminal Enforcement, Forensics, and Training.
(3) Function.--The program shall train State, local, and
tribal law enforcement personnel to investigate environmental
crimes.
(4) Training site.--Training shall be conducted at the
Federal Law Enforcement Training Center in Glynn County,
Georgia, or at other training sites that are accessible to
State, local, and tribal law enforcement personnel.
SEC. 5. STATUTE OF LIMITATIONS.
(a) In General.--Chapter 213 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 3296. Environmental crimes
``(a) Definition of Environmental Crime.--In this section, the term
`environmental crime' means an offense that is punishable under--
``(1) paragraph (2), (3), or (4) of section 309(c) or
section 311(b)(5) of the Federal Water Pollution Control Act
(33 U.S.C. 1319(c), 1321(b)(5));
``(2) section 105(b) of the Marine Protection, Research,
and Sanctuaries Act of 1972 (33 U.S.C. 1415(b));
``(3) section 9(a) of the Act to Prevent Pollution from
Ships (33 U.S.C. 1908(a));
``(4) section 4109(c) of the Shore Protection Act of 1988
(33 U.S.C. 2609(c));
``(5) section 1423(b)(2) or subsection (a) or (b) of
section 1432 of the Safe Drinking Water Act (42 U.S.C. 300h-
2(b)(2), 300i-1);
``(6) section 3008(d) of the Solid Waste Disposal Act (42
U.S.C. 6928(d));
``(7) paragraph (1), (2), or (3) of section 113(c) of the
Clean Air Act (42 U.S.C. 7413(c));
``(8) subsection (b) or (d) of section 103 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9603);
``(9) section 325(b)(4) of the Emergency Planning and
Community Right-To-Know Act of 1986 (42 U.S.C. 11045(b)(4)); or
``(10) section 5124 or subsection (a) or (b) of section
60123 of title 49, United States Code.
``(b) Limitation.--A person may not be prosecuted, tried, or
punished for the commission of, or a conspiracy to commit, an
environmental crime unless the indictment is returned or the
information is filed--
``(1) within 5 years after the date on which the
environmental crime is committed; or
``(2) if the person commits an affirmative act that
conceals the environmental crime from any Federal, State,
local, or tribal government agency, before the earlier of--
``(A) the later of--
``(i) 5 years after the date on which the
offense is committed; or
``(ii) 3 years after the date on which the
offense is discovered by a government agency;
or
``(B) 8 years after the date on which the
environmental crime is committed.''.
(b) Conforming Amendment.--The analysis for chapter 213 of title
18, United States Code, is amended by adding at the end the following:
``3296. Environmental crimes.''.
SEC. 6. ATTEMPTS.
(a) Federal Insecticide, Fungicide, and Rodenticide Act.--Section
14(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136l(b)) is amended by adding at the end the following:
``(5) Attempts.--A person that attempts to commit the
conduct that constitutes an offense under paragraph (1) shall
be subject to the same penalties as those prescribed for the
offense.''.
(b) Toxic Substances Control Act.--Section 16(b) of the Toxic
Substances Control Act (15 U.S.C. 2615(b)), is amended--
(1) by striking ``Any'' and inserting the following:
``(1) In general.--Any''; and
(2) by adding at the end the following:
``(2) Attempts.--A person that attempts to commit the
conduct that constitutes an offense under paragraph (1) shall
be subject to the same penalties as those prescribed for the
offense.''.
(c) Federal Water Pollution Control Act.--Section 309(c) of the
Federal Water Pollution Control Act (33 U.S.C. 1319(c)) is amended by
adding at the end the following:
``(8) Attempts.--A person that attempts to commit the
conduct that constitutes an offense under paragraph (2), (3),
or (4) shall be subject to the same penalties as those
prescribed for the offense.''.
(d) Ocean Dumping.--Section 105(b) of the Marine Protection,
Research, and Sanctuaries Act of 1972 (33 U.S.C. 1415(b)) is amended--
(1) in paragraph (1), by striking ``and'';
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) a person that attempts to commit the conduct that
constitutes an offense under paragraph (1) shall be subject to
the same penalties as those prescribed for the offense.''.
(e) MARPOL.--Section 9(a) of the Act to Prevent Pollution from
Ships (33 U.S.C. 1908(a)) is amended--
(1) by striking ``(1) A person'' and inserting the
following:
``(1) In general.--A person''; and
(2) by adding at the end the following:
``(2) Attempts.--A person that attempts to commit conduct
that constitutes an offense under paragraph (1) shall be
subject to the same penalties as those prescribed for the
offense.''.
(f) Solid Waste Disposal Act.--Section 3008 of the Solid Waste
Disposal Act (42 U.S.C. 6928) is amended by adding at the end the
following:
``(i) Attempts.--A person that attempts to commit the conduct that
constitutes an offense under subsection (d) or (e) shall be subject to
the same penalties as those prescribed for the offense.''.
(g) Clean Air Act.--Section 113(c) of the Clean Air Act (42 U.S.C.
7413(c)) is amended by adding at the end the following:
``(7) Attempts.--A person that attempts to commit the
conduct that constitutes an offense under paragraph (1), (2),
or (3) shall be subject to the same penalties as those
prescribed for the offense.''.
SEC. 7. ENVIRONMENTAL CRIMES RESTITUTION.
Section 3663(b) of title 18, United States Code, is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) in the case of an offense resulting in pollution of
or damage to the environment, pay for removal and remediation
of the environmental pollution or damage and restoration of the
environment, to the extent that the pollution or damage results
from the offense (for which purpose, the term `victim' in
subsection (a)(2) shall be considered to include a municipality
or other political subdivision in which the pollution occurred
or in which the damage was suffered whether or not any person
residing or doing business in the political subdivision is
identified as having suffered damage).''.
SEC. 8. PREJUDGMENT ORDERS TO SECURE PAYMENT FOR ENVIRONMENTAL DAMAGE.
(a) In General.--Chapter 39 of title 18, United States Code (as
amended by section 3(a)), is amended by adding at the end the
following:
``Sec. 838. Prejudgment orders to secure payment for environmental
damage
``(a) Definition of Property.--In this section, the term `property'
includes--
``(1) real property (including things growing on, affixed
to, or found on the real property); and
``(2) tangible and intangible personal property (including
claims, interests, money, privileges, rights, and securities).
``(b) Prejudgment order.--
``(1) In general.--At the time of the filing of an
indictment or information charging the commission of an
environmental crime (as defined in section 837(a)), or at any
time thereafter, the court may order the defendant not to
alienate or dispose of any property, or place any property
outside the jurisdiction of the district courts of the United
States, without leave of the court, if, after notice to the
defendant, the United States shows probable cause to believe
that--
``(A) the defendant will conceal, alienate, or
dispose of the property, or place the property outside
the jurisdiction of the district courts of the United
States; and
``(B) the defendant will thereby reduce or impair
the ability of the defendant to pay restitution, in
whole or in part, including removal and remediation of
environmental pollution or damage and restoration of
the environment resulting from the violation.
``(2) Burden of proof.--In seeking an order under paragraph
(1), the United States shall bear the burden of proving, by a
preponderance of the evidence, the projected cost for the
removal and remediation of the environmental pollution or
damage and restoration of the environment.
``(3) Defenses.--In response to a motion by the United
States under paragraph (1), it shall be an affirmative defense
that--
``(A) the defendant possesses other assets
sufficient to pay restitution, including the costs of
removal and remediation of the environmental pollution
or damage and restoration of the environment resulting
from the violation, if the defendant places those other
assets under the control of the court; or
``(B) the defendant has made full restitution,
including the removal and remediation of the
environmental pollution or damage and restoration of
the environment.
``(c) Procedures.--Any proceeding under this section shall be
governed by the Federal Rules of Criminal Procedure.
``(d) Amendment of Order.--The court may amend an order issued
under this section at any time.
``(e) Expiration of Order.--An order under this section shall
expire on the date of an entry of an order of dismissal or of an entry
of judgment in the case.
``(f) All Writs Act.--Nothing in this section diminishes the powers
of the court available under section 1651 of title 28.''.
(b) Conforming Amendment.--The analysis for chapter 39 of title 18,
United States Code (as amended by section 3(b)), is amended by adding
at the end the following:
``838. Prejudgment orders to secure payment for environmental
damage.''. | Environmental Crimes and Enforcement Act of 1999 - Amends the Federal criminal code to require that, on motion of the United States, a person convicted of an environmental crime (defined as a violation of specified statutes, including provisions of the Toxic Substances Control Act, Solid Waste Disposal Act, and Community Right-To-Know Act of 1986) be ordered to pay the costs incurred by a State, local, or tribal government in assisting in the investigation and prosecution of the case by the United States. Directs that sums paid under this provision be used solely for the enforcement of environmental laws.
(Sec. 3) Sets penalties for persons convicted of an environmental crime that is the proximate cause of serious bodily injury to or the death of any person.
(Sec. 4) Environmental Crimes Training Act of 1999 - Directs the Administrator of the Environmental Protection Agency to establish within the Office of Enforcement and Compliance Assurance a State, Local, and Tribal Environmental Enforcement Training Program to train State, local, and tribal law enforcement personnel to investigate environmental crimes.
(Sec. 5) Sets a five-year statute of limitations (longer in cases of concealment of the offense by an affirmative act) for commission of, or a conspiracy to commit, specified Federal environmental crimes.
(Sec. 6) Amends various Federal environmental laws to cover attempts to engage in proscribed conduct.
(Sec. 7) Amends the code to authorize the court to order restitution for listed Federal environmental crimes, including, in the case of an offense resulting in pollution of or damage to the environment, payment for removal and remediation of the pollution or damage and restoration of the environment. Defines "victim" of the offense in such cases to include a municipality or other political subdivision in which the pollution occurred or in which the damage was suffered, whether or not any person residing or doing business in the political subdivision is identified as having suffered damage.
(Sec. 8) Authorizes the court to issue prejudgment orders to secure payment for environmental damage. | {"src": "billsum_train", "title": "Environmental Crimes and Enforcement Act of 1999"} | 4,652 | 458 | 0.501774 | 1.591916 | 0.765948 | 5.020305 | 10.119289 | 0.913706 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Made in America Act of 2013''.
SEC. 2. AMERICA STAR PROGRAM.
(a) In General.--The Secretary shall establish a voluntary program,
to be known as the ``America Star Program'', under which manufacturers
may have products certified as meeting the standards of labels that
indicate to consumers the extent to which the products are manufactured
in the United States.
(b) Establishment of Labels.--
(1) In general.--The Secretary shall by rule establish such
America Star labels as the Secretary considers appropriate,
including the content of the labels and the standards that a
product shall meet in order to bear a particular America Star
label. The labels shall be consistent with public perceptions
of the meaning of descriptions of the extent to which a product
is manufactured in the United States.
(2) Goals.--The America Star labels shall be designed to
achieve the following goals:
(A) Providing clarity for consumers about the
extent to which products are manufactured in the United
States.
(B) Encouraging manufacturers to manufacture more
products in the United States.
(C) Highlighting the importance of domestic
manufacturing for the economy of the United States.
(c) Certification of Products.--
(1) Application procedures.--A manufacturer that wishes to
have a product certified as meeting the standards of an America
Star label may apply to the Secretary for certification in
accordance with such procedures as the Secretary shall by rule
establish.
(2) Action by secretary.--After receiving an application
for certification under paragraph (1), the Secretary shall, not
later than a reasonable time to be specified by the Secretary
by rule--
(A) determine whether the product meets the
standards of the label;
(B) if the product meets such standards, certify
the product; and
(C) notify the manufacturer of the determination
and whether the product has been certified.
(d) Monitoring; Withdrawal of Certification.--
(1) Monitoring.--The Secretary shall conduct such
monitoring and compliance review as the Secretary considers
necessary to--
(A) detect violations of subsection (h); and
(B) ensure that products certified as meeting the
standards of America Star labels continue to meet such
standards.
(2) Withdrawal of certification.--
(A) On initiative of secretary.--If the Secretary
determines that a product certified as meeting the
standards of an America Star label no longer meets such
standards, the Secretary shall--
(i) notify the manufacturer of the
determination and any corrective action that
would enable the product to meet such
standards; and
(ii) if the manufacturer does not take such
action within a reasonable time after receiving
notification under clause (i), to be specified
by the Secretary by rule, the Secretary shall
withdraw the certification of the product and
notify the manufacturer of the withdrawal.
(B) At request of manufacturer.--At the request of
the manufacturer of a product, the Secretary shall
withdraw the certification of the product and notify
the manufacturer of the withdrawal.
(e) Regulations.--
(1) In general.--The Secretary may promulgate such
regulations as are necessary to implement this section.
(2) Deadline.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall promulgate such
regulations as are necessary to begin certifying products under
the America Star Program.
(f) Administration by Contract.--The Secretary may enter into a
contract with a person under which such person carries out
certification determinations under subsection (c), monitoring
activities and withdrawal determinations under subsection (d),
collection of fees under subsection (k)(1) and the remission of such
fees to the Secretary (but not the establishment of the amounts of such
fees), and related administrative activities. For purposes of
subsections (h) and (j), such a determination, activity, or collection
by such person shall be considered to be an action of the Secretary.
(g) Consultation.--
(1) With federal trade commission.--In establishing the
America Star labels and operating the America Star Program, the
Secretary shall consult with the Federal Trade Commission to
ensure consistency with the requirements enforced by the
Commission with respect to representations of the extent to
which products are manufactured in the United States.
(2) With private-sector companies.--In establishing the
America Star labels and operating the America Star Program, the
Secretary should consult with private-sector companies that
have developed labeling programs to verify or certify to
consumers the extent to which products are manufactured in the
United States.
(h) Prohibited Conduct.--Unless there is in effect a certification
by the Secretary that a product meets the standards of an America Star
label, a person may not place such label on such product, use such
label in any marketing materials for such product, or in any other way
represent that such product meets or is certified as meeting the
standards of such label.
(i) Enforcement.--
(1) Civil penalty.--Any person who knowingly violates
subsection (h) shall be subject to a civil penalty of not more
than $10,000.
(2) Ineligibility.--
(A) In general.--Except as provided in subparagraph
(C), if the Secretary determines that a manufacturer--
(i) has made a false statement to the
Secretary in connection with the America Star
Program;
(ii) knowing, or having reason to know,
that a product does not meet the standards of
an America Star label, has placed such label on
such product, has used such label in any
marketing materials for such product, or in any
other way has represented that such product
meets or is certified as meeting the standards
of such label; or
(iii) has otherwise violated the purposes
of the America Star Program;
the Secretary may not, for a period of 5 years after
the conduct described in clause (i), (ii), or (iii),
certify the product to which such conduct relates as
meeting the standards of an America Star label.
(B) Effect on existing certification.--In the case
of a product with respect to which, at the time of the
determination of the Secretary under subparagraph (A),
there is in effect a certification by the Secretary
that the product meets the standards of an America Star
label--
(i) if the product continues to meet such
standards, the Secretary may either withdraw
the certification or allow the certification to
continue in effect, as the Secretary considers
appropriate; and
(ii) if the product no longer meets such
standards, the Secretary shall withdraw the
certification.
(C) Waiver.--Notwithstanding subparagraph (A), the
Secretary may waive or reduce the period referred to in
such subparagraph if the Secretary determines that the
waiver or reduction is in the best interests of the
America Star Program.
(3) False statements.--A false statement in connection with
the America Star Program to a person with whom the Secretary
contracts under subsection (f) shall be considered a false
statement to the Secretary for purposes of paragraph (2)(A)(i)
and section 1001 of title 18, United States Code.
(j) Administrative Appeal.--
(1) Expedited appeals procedure.--The Secretary shall
establish an expedited administrative appeals procedure under
which persons may appeal an action of the Secretary under this
section that--
(A) adversely affects such person; or
(B) is inconsistent with the America Star Program.
(2) Appeal of final decision.--A final decision of the
Secretary under paragraph (1) may be appealed to the United
States district court for the district in which the person is
located.
(k) Offsetting Collections.--
(1) In general.--The Secretary may collect reasonable fees
from--
(A) manufacturers that apply for certification of
products as meeting the standards of America Star
labels; and
(B) manufacturers of products for which such
certifications are in effect.
(2) Account.--The fees collected under paragraph (1) shall
be credited to the account that incurs the cost of the
certification services provided under this section.
(3) Use.--The fees collected under paragraph (1) shall be
available to the Secretary, without further appropriation or
fiscal-year limitation, to pay the expenses of the Secretary
incurred in providing certification services under this
section.
(l) Definitions.--In this section:
(1) America star label.--The term ``America Star label''
means a label described in subsection (a) and established by
the Secretary under subsection (b)(1).
(2) America star program.--The term ``America Star
Program'' means the voluntary labeling program established
under this section.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Commerce. | Made in America Act of 2013 - Directs the Secretary of Commerce to establish: (1) a voluntary America Star Program under which manufacturers may have products certified as meeting the standards of labels that indicate to consumers the extent to which the products are manufactured in the United States; and (2) such America Star labels, including the content of the labels and the standards that a product shall meet in order to bear a particular label. Requires the labels to be consistent with public perceptions of the meaning of descriptions of the extent to which a product is manufactured in the United States. Requires the Secretary, after receiving an application, to certify a product as meeting a label's standards, notify the manufacturer, conduct monitoring and compliance review to ensure that a product continues to meet such standards, notify a manufacturer of any corrective action needed, and withdraw certification of a product if such action is not taken. Provides for an expedited appeals procedure for actions that adversely affect a person. Prohibits a person from placing an America Star label on a product, using such label in marketing such product, or in any other way representing that such product meets the standards of such label unless a certification by the Secretary is in effect. Bars the Secretary from certifying the product for a five-year period after determining that a manufacturer has violated the purposes of the Program. | {"src": "billsum_train", "title": "Made in America Act of 2013"} | 1,862 | 298 | 0.769677 | 2.2298 | 0.861032 | 4.363985 | 6.8659 | 0.923372 |
SECTION 1. NATIONAL STANDARD FOR THE CARRYING OF CERTAIN CONCEALED
FIREARMS BY NONRESIDENTS.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by inserting after section 926A the following:
``Sec. 926B. National standard for the carrying of certain concealed
firearms by nonresidents
``(a) Notwithstanding any provision of the law of any State or
political subdivision thereof, a person who is not prohibited by
Federal law from possessing, transporting, shipping, or receiving a
firearm and is carrying a valid license or permit which is issued by a
State and which permits the person to carry a concealed firearm (other
than a machinegun or destructive device) may carry in another State a
concealed firearm (other than a machinegun or destructive device) that
has been shipped or transported in interstate or foreign commerce,
subject to subsection (b).
``(b)(1) If such other State issues licenses or permits to carry
concealed firearms, the person may carry a concealed firearm in the
State under the same restrictions which apply to the carrying of a
concealed firearm by a person to whom the State has issued such a
license or permit.
``(2) If such other State does not issue licenses or permits to
carry concealed firearms, the person may not, in the State, carry a
concealed firearm in a police station, in a public detention facility,
in a courthouse, in a public polling place, at a meeting of a State,
county, or municipal governing body, in a school, at a professional or
school athletic event not related to firearms, in a portion of an
establishment licensed by the State to dispense alcoholic beverages for
consumption on the premises, or inside the sterile or passenger area of
an airport, except to the extent expressly permitted by State law.''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended by inserting after the item relating to section 926A the
following:
``926B. National standard for the carrying of certain concealed
firearms by nonresidents.''.
SEC. 2. EXEMPTION OF QUALIFIED CURRENT AND FORMER LAW ENFORCEMENT
OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF
CONCEALED HANDGUNS.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by inserting after section 926B, as added by section 1(a) of
this Act, the following:
``Sec. 926C. Carrying of concealed handguns by qualified current and
former law enforcement officers
``(a) Notwithstanding any other provision of the law of any State
or any political subdivision thereof, an individual who is a qualified
law enforcement officer or a qualified former law enforcement officer
and who is carrying appropriate written identification of such status
may carry a concealed handgun.
``(b) As used in this section:
``(1) The term `qualified law enforcement officer' means an
officer, agent, or employee of a public agency who--
``(A) is a law enforcement officer;
``(B) is authorized by the agency to carry a
firearm in the course of duty;
``(C) is not the subject of any disciplinary action
by the agency; and
``(D) meets such requirements as have been
established by the agency with respect to firearms.
``(2) The term `qualified former law enforcement officer'
means an individual who--
``(A) retired from service with a public agency as
a law enforcement officer, other than for reasons of
mental disability;
``(B) immediately before such retirement, was a
qualified law enforcement officer;
``(C) has a nonforfeitable right to benefits under
the retirement plan of the agency;
``(D) meets such requirements as have been
established by the State in which the individual
resides with respect to training in the use of
firearms; and
``(E) is not prohibited by Federal law from
receiving a firearm.
``(3) The term `law enforcement officer' means an
individual authorized by law to engage in or supervise the
prevention, detection, investigation, or prosecution of any
violation of law, and includes corrections, probation, parole,
and judicial officers.
``(4) The term `appropriate written identification' means,
with respect to an individual, a document which--
``(A) was issued to the individual by the public
agency with which the individual serves or served as a
law enforcement officer; and
``(B) identifies the holder of the document as a
current or former officer, agent, or employee of the
agency.''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended by inserting after the item added by section 1(b) of this Act
the following:
``926C. Carrying of concealed handguns by qualified current and former
law enforcement officers.''.
(c) Effective Date.--The amendments made by this section shall take
effect 180 days after the date of the enactment of this Act. | Amends the Federal criminal code to establish a national standard for the carrying of certain concealed firearms by non-residents. Authorizes a person who has a valid permit to carry a concealed firearm in one State and who is not prohibited from carrying a firearm under Federal law to carry a concealed firearm (that has been transported in interstate commerce) in another State in accordance with the restrictions of that State (if any) or as specified under this Act. Exempts qualified current and former law enforcement officers from State laws prohibiting the carrying of concealed handguns. | {"src": "billsum_train", "title": "To amend title 18, United States Code, to provide a national standard in accordance with which nonresidents of a State may carry certain concealed firearms in the State, and to exempt qualified current and former law enforcement officers from State laws prohibiting the carrying of concealed handguns."} | 1,156 | 124 | 0.537234 | 1.301154 | 0.564472 | 3.209524 | 9.914286 | 0.885714 |
SECTION 1. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Federal Municipal
Bond Marketing Support and Securitization Act of 2009''.
(b) Definitions.--For purposes of this Act the following
definitions shall apply:
(1) Board.--The term ``Board'' means the Board of Governors
of the Federal Reserve System.
(2) Guarantee.--The term ``guarantee'' has the same meaning
as in section 3 of the Federal Financing Bank Act of 1978.
(3) Municipal security defined.--The term ``municipal
security'' has the same meaning as in section 3(a)(30) of the
Securities Exchange Act of 1934 and includes pooled investment
funds under trusts established by State or local governmental
entities and higher education savings plan trusts established
by States to the extent any such trust is not excluded by the
Secretary and does not consist of funds invested by persons
other than States or municipalities the investment of which is
subject to the direction of such person.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
SEC. 2. COOPERATION TO ADDRESS LIMITATIONS ON ACCESS TO MARKETS FOR
MUNICIPAL SECURITIES.
Upon the enactment of this Act, the Secretary of the Treasury and
the Board of Governors of the Federal Reserve System shall consult with
each other extensively for the purpose of--
(1) finding solutions for the grave effects of the current
financial crisis on the markets for municipal securities; and
(2) cooperating in the activities authorized under this Act
to alleviate to the extent practicable such effects on the
municipal securities markets.
SEC. 3. PURCHASE, SALE, GUARANTEE, AND SECURITIZATION OF MUNICIPAL
SECURITIES BY SECRETARY AND FEDERAL FINANCING BANK
AUTHORIZED.
(a) In General.--The Secretary of the Treasury shall establish a
program, directly or through the Federal Financing Bank, to--
(1) purchase municipal securities;
(2) issue securities backed by pools of such municipal
securities; and
(3) provide credit enhancement or guarantees for municipal
securities.
(b) Specific Authority.--In addition to the authority conferred
under section 6 of the Federal Financing Bank Act of 1973 and subject
to subsections (b) and (c) of such section, the Federal Financing Bank
may--
(1) make commitments to purchase and sell, and to purchase
and sell on terms and conditions determined by the Bank, any
municipal security issued under a plan approved by the
Secretary under subsection (c);
(2) may guarantee the repayment of principal and interest
on any municipal security issued under a plan approved by the
Secretary under subsection (c); and
(3) may issue and sell instruments representing interests
in a pool consisting of municipal securities purchased by the
Federal Financing Bank under this section.
(c) Authority of Secretary Over Method, Source, Timing, Terms, and
Conditions of Municipal Securities Issued for Purchase Under This
Section.--To insure the orderly and coordinated marketing of municipal
securities for purchase or guarantee as to principal and interest under
this section, and to ensure that appropriate financing planning has
been made with respect to such municipal securities, no municipal
security may be purchased or guaranteed under this section unless the
Secretary has approved, prior to the issuance of any such security --
(1) the method of financing;
(2) the source of financing;
(3) the timing of financing in relation to market
conditions and financing by Federal agencies; and
(4) the financing terms and conditions, including rates of
interest and maturities, of the municipal securities.
(d) Status of Insurance and Instruments.--Municipal securities sold
by the Secretary, or by the Federal Financing Bank under subsection
(b)(1), and instruments issued by the Secretary, or by the Bank under
subsection (b)(3), that represent pools consisting of municipal
securities--
(1) may be insured by the Secretary or the Bank,
respectively, as to the payment of principal or interest by the
issuer of the municipal security; and
(2) shall not, other than in connection with a guarantee
referred to in paragraph (1), be treated for any purpose as an
instrument which has the full faith and credit of the United
States.
SEC. 4. FEDERAL RESERVE BOARD CREDIT FACILITY.
(a) Establishment Authorized.--The Board of Governors of the
Federal Reserve System may establish a credit facility, using resources
and authority available under the Federal Reserve Act, including
section 10B and the third undesignated paragraph of section 13 of such
Act, to provide financial resources for the purchase of municipal
securities by Federal reserve banks or member banks or other persons.
(b) Funding for Secretary and Federal Financing Bank.--Subject to
the conditions described in the third undesignated paragraph of section
13, the Board may establish a credit facility, or use any credit
facility established under subsection (a), to provide funds to the
Secretary or the Federal Financing Bank to carry out any authority
under section 3.
SEC. 5. BUDGET AUTHORITY.
Any authority of the Secretary or the Federal Financing Bank under
this Act to purchase or guarantee municipal securities shall be
effective for any fiscal year only to the extent or in amounts provided
in advance in appropriation Acts. | Federal Municipal Bond Marketing Support and Securitization Act of 2009 - Requires the Secretary of the Treasury and the Board of Governors of the Federal Reserve System to consult with each other for the purpose of: (1) finding solutions for the grave effects of the current financial crisis on the markets for municipal securities; and (2) cooperating in authorized activities to alleviate such effects on those markets.
Directs the Secretary to establish a program to: (1) purchase municipal securities; (2) issue securities backed by pools of municipal securities; and (3) provide credit enhancement or guarantees for municipal securities.
Authorizes the Federal Financing Bank to: (1) make commitments to purchase and sell any municipal security issued under a specified plan approved by the Secretary; (2) guarantee repayment of principal and interest on any municipal security issued under a plan approved by the Secretary; and (3) issue and sell instruments representing interests in a pool of municipal securities purchased by the Bank.
Prohibits the purchase or guarantee of a municipal security under this Act unless the Secretary has approved, prior to its issuance, the method, source, and timing of financing, as well as all terms and conditions.
States that municipal securities sold by the Secretary or the Bank under this Act, and instruments issued by the Secretary or the Bank that represent pools of municipal securities, may be insured as to the payment of principal or interest by the Secretary or the Bank, respectively.
Authorizes the Board to establish a credit facility to provide financial resources for the purchase of municipal securities by federal reserve banks or member banks or other persons. | {"src": "billsum_train", "title": "To require the Secretary of the Treasury to establish a market for municipal securities, to require cooperation between the Secretary and the Chairman of the Board of Governors of the Federal Reserve System in addressing the municipal securities market situation including through the establishment of municipal securities funding facilities, and for other purposes."} | 1,165 | 323 | 0.761636 | 2.309247 | 0.948002 | 5.763578 | 3.402556 | 0.964856 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Geothermal Production Expansion Act
of 2013''.
SEC. 2. NONCOMPETITIVE LEASING OF ADJOINING AREAS FOR DEVELOPMENT OF
GEOTHERMAL RESOURCES.
Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C.
1003(b)) is amended by adding at the end the following:
``(4) Adjoining land.--
``(A) Definitions.--In this paragraph:
``(i) Fair market value per acre.--The term
`fair market value per acre' means a dollar
amount per acre that--
``(I) except as provided in this
clause, shall be equal to the market
value per acre (taking into account the
determination under subparagraph
(B)(iii) regarding a valid discovery on
the adjoining land) as determined by
the Secretary under regulations issued
under this paragraph;
``(II) shall be determined by the
Secretary with respect to a lease under
this paragraph, by not later than the
end of the 180-day period beginning on
the date the Secretary receives an
application for the lease; and
``(III) shall be not less than the
greater of--
``(aa) 4 times the median
amount paid per acre for all
land leased under this Act
during the preceding year; or
``(bb) $50.
``(ii) Industry standards.--The term
`industry standards' means the standards by
which a qualified geothermal professional
assesses whether downhole or flowing
temperature measurements with indications of
permeability are sufficient to produce energy
from geothermal resources, as determined
through flow or injection testing or
measurement of lost circulation while drilling.
``(iii) Qualified federal land.--The term
`qualified Federal land' means land that is
otherwise available for leasing under this Act.
``(iv) Qualified geothermal professional.--
The term `qualified geothermal professional'
means an individual who is an engineer or
geoscientist in good professional standing with
at least 5 years of experience in geothermal
exploration, development, or project
assessment.
``(v) Qualified lessee.--The term
`qualified lessee' means a person that may hold
a geothermal lease under this Act (including
applicable regulations).
``(vi) Valid discovery.--The term `valid
discovery' means a discovery of a geothermal
resource by a new or existing slim hole or
production well, that exhibits downhole or
flowing temperature measurements with
indications of permeability that are sufficient
to meet industry standards.
``(B) Authority.--An area of qualified Federal land
that adjoins other land for which a qualified lessee
holds a legal right to develop geothermal resources may
be available for a noncompetitive lease under this
section to the qualified lessee at the fair market
value per acre, if--
``(i) the area of qualified Federal land--
``(I) consists of not less than 1
acre and not more than 640 acres; and
``(II) is not already leased under
this Act or nominated to be leased
under subsection (a);
``(ii) the qualified lessee has not
previously received a noncompetitive lease
under this paragraph in connection with the
valid discovery for which data has been
submitted under clause (iii)(I); and
``(iii) sufficient geological and other
technical data prepared by a qualified
geothermal professional has been submitted by
the qualified lessee to the applicable Federal
land management agency that would lead
individuals who are experienced in the subject
matter to believe that--
``(I) there is a valid discovery of
geothermal resources on the land for
which the qualified lessee holds the
legal right to develop geothermal
resources; and
``(II) that thermal feature extends
into the adjoining areas.
``(C) Determination of fair market value.--
``(i) In general.--The Secretary shall--
``(I) publish a notice of any
request to lease land under this
paragraph;
``(II) determine fair market value
for purposes of this paragraph in
accordance with procedures for making
those determinations that are
established by regulations issued by
the Secretary;
``(III) provide to a qualified
lessee and publish, with an opportunity
for public comment for a period of 30
days, any proposed determination under
this subparagraph of the fair market
value of an area that the qualified
lessee seeks to lease under this
paragraph; and
``(IV) provide to the qualified
lessee and any adversely affected party
the opportunity to appeal the final
determination of fair market value in
an administrative proceeding before the
applicable Federal land management
agency, in accordance with applicable
law (including regulations).
``(ii) Limitation on nomination.--After
publication of a notice of request to lease
land under this paragraph, the Secretary may
not accept under subsection (a) any nomination
of the land for leasing unless the request has
been denied or withdrawn.
``(iii) Annual rental.--For purposes of
section 5(a)(3), a lease awarded under this
paragraph shall be considered a lease awarded
in a competitive lease sale.
``(D) Regulations.--Not later than 270 days after
the date of enactment of the Geothermal Production
Expansion Act of 2013, the
Secretary shall issue regulations to carry out this
paragraph.''.
Passed the Senate July 9, 2014.
Attest:
NANCY ERICKSON,
Secretary. | (This measure has not been amended since it was passed by the Senate on July 9, 2014. Geothermal Production Expansion Act of 2013 - Amends the Geothermal Steam Act of 1970 to allow the Department of the Interior to award noncompetitive leases on up to 640 acres of federal land for geothermal development if: (1) the land is available for leasing and not already leased or nominated to be leased, (2) the lessee has a legal right to develop geothermal resources on land adjacent to the federal land that will be leased, (3) sufficient data was submitted to Interior to show there is a valid discovery of geothermal resources on the adjacent land and that the thermal feature extends into the adjoining federal land, and (4) the lessee has not previously received a noncompetitive lease for the discovery. Requires Interior to lease the land at fair market value, publish a notice of any lease requests, and provide review of the final determination of fair market value. Requires lessees to make annual rental payments equal to those required for lands that are leased competitively. | {"src": "billsum_train", "title": "Geothermal Production Expansion Act of 2013"} | 1,265 | 243 | 0.592711 | 1.87951 | 0.649308 | 2.341463 | 5.497561 | 0.839024 |
SECTION 1. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the New Bedford National Historic Landmark District and
associated historic sites, including the Schooner Ernestina,
are National Historic Landmarks and are listed on the National
Register of Historic Places as historic sites associated with
the history of whaling in the United States;
(2) the city of New Bedford was the 19th century capital of
the world's whaling industry and retains significant
architectural features, archival materials, and museum
collections illustrative of this period;
(3) New Bedford's historic resources provide opportunities
for illustrating and interpreting the whaling industry's
contribution to the economic, social, and environmental history
of the United States and provide opportunities for public use
and enjoyment; and
(4) the National Park System presently contains no sites
commemorating whaling and its contribution to American history.
(b) Purposes.--The purposes of this Act are--
(1) to preserve, protect, and interpret the resources that
comprise the New Bedford Whaling National Historical Park,
including its architecture, setting, and associated archival
and museum collections;
(2) to collaborate with the city of New Bedford and with
local historical, cultural, and preservation organizations to
further the purposes of the park; and
(3) to provide opportunities for the inspirational benefit
and education of the American people.
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(1) The term ``park'' means the New Bedford Whaling
National Historical Park established by section 3.
(2) The term ``Secretary'' means the Secretary of the
Interior.
SEC. 3. NEW BEDFORD WHALING NATIONAL HISTORICAL PARK.
(a) Establishment.--In order to preserve for the benefit and
inspiration of the people of the United States as a national historical
park certain districts, structures, and relics located in New Bedford,
Massachusetts, and associated with the history of whaling and related
social and economic themes in America, there is established the New
Bedford Whaling National Historical Park.
(b) Boundaries.--(1) The boundaries of the park shall be those
generally depicted on the map entitled ``Proposed Park Boundaries (Map
4)'', in the document published by the National Park Service entitled
``Special Resource Study, New Bedford, Massachusetts'', dated November
1993. Such map will be on file and available for public inspection in
the appropriate offices of the National Park Service. The boundaries
shall include the following:
(A) The area included within the New Bedford National
Historic Landmark District, known as the Bedford Landing
Waterfront Historic District, as listed within the National
Register of Historic Places and in the Massachusetts State
Register of Historic Places.
(B) The National Historic Landmark Schooner Ernestina, with
its home port in New Bedford.
(C) The land along the eastern boundary of the New Bedford
National Historic Landmark District over to the east side of
MacArthur Drive from the Route 6 overpass on the north to an
extension of School Street on the south.
(D) The land north of Elm Street in New Bedford, bounded by
Acushnet Avenue on the west, Route 6 (ramps) on the north,
MacArthur Drive on the east, and Elm Street on the south.
(2) In addition to these sites, areas and relics, the Secretary may
assist in the interpretation and preservation of the following:
(A) The southwest corner of the State Pier.
(B) Waterfront Park, immediately south of land adjacent to
the State Pier.
(C) The Rotch-Jones-Duff House and Garden Museum, located
at 396 County Street.
(D) The Wharfinger Building, located on Piers 3 and 4.
(E) The Bourne Counting House, located on Merrill's Wharf.
SEC. 4. ADMINISTRATION OF PARK.
(a) In General.--The park shall also be administered by the
Secretary in accordance with this Act and in accordance with the
provisions of law generally applicable to units of the national park
system, including the Act entitled ``An Act to establish a National
Park Service, and for other purposes'', approved August 25, 1916 (39
Stat. 535; 16 U.S.C. 1, 2, 3, and 4) and the Act of August 21, 1935 (49
Stat. 666; 16 U.S.C. 461-467).
(b) Cooperative Agreements.--The Secretary may consult and enter
into cooperative agreements with the New Bedford National Park
Citizens' Partnership and other interested entities and individuals to
provide for appropriate activities related to the preservation,
development, interpretation, and use of the park.
(c) Acquisition of Real and Personal Property and Services.--The
Secretary may acquire by donation, exchange, lease or purchase with
donated or appropriated funds personal property and lands and
improvements in New Bedford, Massachusetts, for the purposes of the
park.
(d) Other Property, Funds, and Services.--The Secretary may accept
and use donated funds, property, and services to carry out this Act.
SEC. 5. GENERAL MANAGEMENT PLAN.
Not later than the end of the second fiscal year after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Energy and Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives a general management plan for
the park, and shall implement such plan. The plan shall be prepared in
accordance with section 12(b) of the Act of August 18, 1970 (16 U.S.C.
1a-7(b)), and other applicable law.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out this Act. | Establishes the New Bedford Whaling National Historical Park in New Bedford, Massachusetts. Requires the Secretary of the Interior to submit to specified congressional committees a general management plan for the Park and to implement such plan. Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to establish the New Bedford Whaling National Historical Park in New Bedford, Massachussetts, and for other purposes."} | 1,265 | 56 | 0.557882 | 1.36448 | 0.341318 | 3.363636 | 26.477273 | 0.818182 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iran Nuclear Agreement Accountablity
Act''.
SEC. 2. CONGRESSIONAL REVIEW OF NUCLEAR AGREEMENTS WITH IRAN.
(a) Congressional Review of Nuclear Agreements With Respect to
Iran.--
(1) In general.--Beginning on the date of the enactment of
this Act, the President, within three days of the conclusion of
any agreement between the United States, any other party, and
the Islamic Republic of Iran related to Iran's nuclear program,
shall submit such agreement to Congress.
(2) Procedures for review.--
(A) In general.--During the 15-day period beginning
on the date on which the President submits an agreement
under paragraph (1), the Committees on Foreign
Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives shall review
any such agreement and may hold hearings or briefings,
as appropriate.
(B) Expedited procedures for a joint resolution of
approval or disapproval.--
(i) In general.--During the 15-day period
beginning on the day after the period for
review provided for in subparagraph (A), a
joint resolution of approval or a joint
resolution of disapproval may be introduced in
the House of Representatives by the Speaker,
the minority leader, or their respective
designee, or in the Senate by the majority
leader, the minority leader, or their
respective designee, and may not be amended.
(ii) Referral.--A joint resolution of
approval or a joint resolution of disapproval
introduced under clause (i) in the Senate shall
be referred to the Committee on Foreign
Relations and a joint resolution of approval or
a joint resolution of disapproval introduced
under clause (i) in the House of
Representatives shall be referred to the
Committee on Foreign Affairs.
(iii) Committee discharge and floor
consideration.--The provisions of subsections
(c) through (f) of section 152 of the Trade Act
of 1974 (19 U.S.C. 2192) (relating to committee
discharge and floor consideration of certain
resolutions in the House of Representatives and
the Senate) apply to a joint resolution of
approval or a joint resolution of disapproval
under this subsection to the same extent that
such subsections apply to joint resolutions
under such section 152, except that--
(I) subsection (c)(1) shall be
applied and administered by
substituting ``10 days'' for ``30
days''; and
(II) subsection (f)(1)(A)(i) shall
be applied and administered by
substituting ``Committee on Foreign
Relations'' for ``Committee on
Finance''.
(iv) Rules of the house of representatives
and the senate.--This subsection is enacted by
Congress--
(I) as an exercise of the
rulemaking power of the Senate and the
House of Representatives, respectively,
and as such is deemed a part of the
rules of each House, respectively, but
applicable only with respect to the
procedure to be followed in that House
in the case of a joint resolution, and
it supersedes other rules only to the
extent that it is inconsistent with
such rules; and
(II) with full recognition of the
constitutional right of either House to
change the rules (so far as relating to
the procedure of that House) at any
time, in the same manner and to the
same extent as in the case of any other
rule of that House.
(v) Definitions.--In this subsection--
(I) the term ``joint resolution of
approval'' means only a joint
resolution of the 2 Houses of Congress,
the sole matter after the resolving
clause of which is as follows: ``That
Congress approves of the agreement
between the United States and the
Islamic Republic of Iran submitted by
the President to Congress under section
2(a) of the Iran Nuclear Agreement
Accountablity Act on ____.'', with the
blank space being filled with the
appropriate date; and
(II) the term ``joint resolution of
disapproval'' means only a joint
resolution of the 2 Houses of Congress,
the sole matter after the resolving
clause of which is as follows: ``That
Congress disapproves of the agreement
between the United States and the
Islamic Republic of Iran submitted by
the President to Congress under section
2(a) of the Iran Nuclear Agreement
Accountablity Act on ____.'', with the
blank space being filled with the
appropriate date.
(b) Rule of Construction.--Nothing in this section or any action
taken pursuant to this section shall be construed as approval of any
sanctions relief in connection with any agreement with respect to
Iran's nuclear program. | Iran Nuclear Agreement Accountability Act - Directs the President, within three days of the conclusion of any agreement between the United States, any other party, and the Islamic Republic of Iran related to Iran's nuclear program, to submit such agreement to Congress. Sets forth expedited procedures for a joint congressional resolution of approval or disapproval of any such agreement. States that nothing in this Act shall be construed as approval of sanctions relief in connection with any agreement regarding Iran's nuclear program. | {"src": "billsum_train", "title": "Iran Nuclear Agreement Accountablity Act"} | 1,053 | 105 | 0.592199 | 1.491791 | 1.266964 | 6.576087 | 10.423913 | 0.923913 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Red River National Wildlife Refuge
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The area of Louisiana known as the Red River Valley,
located along the Red River Waterway in Caddo, Bossier, Red
River, Natchitoches, and DeSoto Parishes, is of critical
importance to over 350 species of birds (including migratory
and resident waterfowl, shore birds, and neotropical migratory
birds), aquatic life, and a wide array of other species
associated with river basin ecosystems.
(2) The bottomland hardwood forests of the Red River Valley
have been almost totally cleared. Reforestation and restoration
of native habitat will benefit a host of species.
(3) The Red River Valley is part of a major continental
migration corridor for migratory birds funneling through the
mid continent from as far north as the Arctic Circle and as far
south as South America.
(4) There are no significant public sanctuaries for over
300 river miles on this important migration corridor, and no
significant Federal, State, or private wildlife sanctuaries
along the Red River north of Alexandria, Louisiana.
(5) Completion of the lock and dam system associated with
the Red River Waterway project up to Shreveport, Louisiana, has
enhanced opportunities for management of fish and wildlife.
(6) The Red River Valley offers extraordinary recreational,
research, and educational opportunities for students,
scientists, bird watchers, wildlife observers, hunters,
anglers, trappers, hikers, and nature photographers.
(7) The Red River Valley is an internationally significant
environmental resource that has been neglected and requires
active restoration and management to protect and enhance the
value of the region as a habitat for fish and wildlife.
SEC. 3. ESTABLISHMENT AND PURPOSES OF REFUGE.
(a) Establishment.--The Secretary shall establish as a national
wildlife refuge the lands, waters, and interests therein acquired under
section 5, at such time as the Secretary determines that sufficient
property has been acquired under that section to constitute an area
that can be effectively managed as a national wildlife refuge for the
purposes set forth in subsection (b) of this section. The national
wildlife refuge so established shall be known as the ``Red River
National Wildlife Refuge''.
(b) Purposes.--The purposes of the Refuge are the following:
(1) To restore and preserve native Red River ecosystems.
(2) To provide habitat for migratory birds.
(3) To maximize fisheries on the Red River and its
tributaries, natural lakes, and man-made reservoirs.
(4) To provide habitat for and population management of
native plants and resident animals (including restoration of
extirpated species).
(5) To provide technical assistance to private land owners
in the restoration of their lands for the benefit of fish and
wildlife.
(6) To provide the public with opportunities for hunting,
angling, trapping, photographing wildlife, hiking, bird
watching, and other outdoor recreational and educational
activities.
(7) To achieve the purposes under this subsection without
violating section 6.
(c) Notice of Establishment.--The Secretary shall publish a notice
of the establishment of the Refuge--
(1) in the Federal Register; and
(2) in publications of local circulation in the vicinity of
the Refuge.
SEC. 4. ADMINISTRATION OF REFUGE.
(a) In General.--The Secretary shall administer all lands, waters,
and interests therein acquired under section 5 in accordance with--
(1) the National Wildlife Refuge System Administration Act
of 1966 (16 U.S.C. 668dd et seq) and the Act of September 28,
1962 (76 Stat. 653; 16 U.S.C. 460k et seq; commonly known as
the Refuge Recreation Act);
(2) the purposes of the Refuge set forth in section 3(b);
and
(3) the management plan issued under subsection (b).
(b) Management Plan.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Secretary shall issue a
management plan for the Refuge.
(2) Contents.--The management plan shall include provisions
that provide for the following:
(A) Planning and design of trails and access
points.
(B) Planning of wildlife and habitat restoration,
including reforestation.
(C) Permanent exhibits and facilities and regular
educational programs throughout the Refuge.
(3) Public participation.--
(A) In general.--The Secretary shall provide an
opportunity for public participation in developing the
management plan.
(B) Local views.--The Secretary shall give special
consideration to views by local public and private
entities and individuals in developing the management
plan.
(c) Wildlife Interpretation and Education Center.--
(1) In general.--The Secretary shall construct, administer,
and maintain, at an appropriate site within the Refuge, a
wildlife interpretation and education center.
(2) Purposes.--The center shall be designed and operated--
(A) to promote environmental education; and
(B) to provide an opportunity for the study and
enjoyment of wildlife in its natural habitat.
SEC. 5. ACQUISITION OF LANDS, WATERS, AND INTERESTS THEREIN.
(a) In General.--The Secretary shall seek to acquire up to 50,000
acres of land, water, or interests therein (including permanent
conservation easements or servitudes) within the boundaries designated
under subsection (c). All lands, waters, and interests acquired under
this subsection shall be part of the Refuge.
(b) Method of Acquisition.--The Secretary may acquire an interest
in land or water for inclusion in the Refuge only by donation,
exchange, or purchase from a willing seller.
(c) Designation of Boundaries.--
(1) In general.--Not later than 12 months after the date of
the enactment of this Act, the Secretary shall--
(A) consult with appropriate State and local
officials, private conservation organizations, and
other interested parties (including the Louisiana
Department of Wildlife and Fisheries, the Louisiana
Department of Transportation and Development, the Red
River Waterway Commission, and the Northwest Louisiana
Council of Governments), regarding the designation of
appropriate boundaries for the Refuge within the
selection area;
(B) designate boundaries of the Refuge that are
within the selection area and adequate for fulfilling
the purposes of the Refuge set forth in section 3(b);
and
(C) prepare a detailed map entitled ``Red River
National Wildlife Refuge'' depicting the boundaries of
the Refuge designated under subparagraph (B).
(2) Selection area.--For purposes of this subsection, the
selection area consists of Caddo, Bossier, Red River, DeSoto,
and Natchitoches Parishes, Louisiana.
(3) Availability of map; notice.--The Secretary shall--
(A) keep the map prepared under paragraph (1) on
file and available for public inspection at offices of
the United States Fish and Wildlife Service of the
District of Columbia and Louisiana; and
(B) publish in the Federal Register a notice of
that availability.
(d) Boundary Revisions.--The Secretary may make such minor
revisions in the boundaries designated under subsection (c) as may be
appropriate to achieve the purposes of the Refuge under section 3(b) or
to facilitate the acquisition of property for the Refuge.
SEC. 6. CONTINUED PUBLIC SERVICES.
Nothing in this Act shall be construed as prohibiting or
preventing, and the Secretary shall not for purposes of the Refuge
prohibit or prevent--
(1) the continuation or development of commercial or
recreational navigation on the Red River Waterway;
(2) necessary construction, operation, or maintenance
activities associated with the Red River Waterway project;
(3) the construction, improvement, or expansion of public
port or recreational facilities on the Red River Waterway; or
(4) the construction, improvement, or replacement of
railroads or interstate highways within the selection area
(designated in section 5(c)(2)), or bridges that cross the Red
River.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary such sums
as may be necessary to carry out this Act.
SEC. 8. DEFINITIONS.
For purposes of this Act:
(1) Refuge.--The term ``Refuge'' means the Red River
National Wildlife Refuge established under section 3.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior. | Requires the Secretary to issue a management plan for the Refuge which includes provisions that provide for: (1) the planning and design of trails and access points; (2) the planning of wildlife and habitat restoration, including reforestation; and (3) permanent exhibits and facilities and regular educational programs throughout the Refuge.
Requires that the Secretary: (1) provide an opportunity for public participation in developing such plan; and (2) give special consideration to views by local public and private entities and individuals.
Directs the Secretary to construct, administer, and maintain within the Refuge, a wildlife interpretation and education center to promote environmental education and to provide an opportunity for the study and enjoyment of wildlife in its natural habitat.
Sets forth requirements for the designation of boundaries for the Refuge.
Declares that nothing in this Act shall be construed as prohibiting or preventing, and the Secretary shall not prohibit or prevent: (1) the continuation or development of commercial or recreational navigation on the Red River Waterway; (2) necessary construction, operation, or maintenance activities associated with the Red River Waterway project; (3) the construction, improvement, or expansion of public port or recreational facilities on such Waterway; or (4) the construction, improvement, or replacement of railroads or interstate highways within the selection area, or bridges that cross the Red River.
Authorizes appropriations. | {"src": "billsum_train", "title": "Red River National Wildlife Refuge Act"} | 1,841 | 280 | 0.583295 | 1.695867 | 0.773764 | 5.895522 | 6.41791 | 0.970149 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeland Security Technology
Improvement Act of 2004''.
SEC. 2. HOMELAND SECURITY TECHNOLOGY TRANSFER PROGRAM.
(a) In General.--Section 313 of the Homeland Security Act of 2002
(6 U.S.C. 193) is amended--
(1) in subsection (b), by adding at the end the following:
``(6) The establishment of a multi-agency homeland security
technology, equipment, and information transfer program to
allow for the transfer of technology, equipment, and
information to State and local law enforcement agencies.'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
``(c) Technology Transfer Program.--In developing the program
described under subsection (b)(6), the Secretary, acting through the
Under Secretary for Science and Technology shall--
``(1) in close cooperation with the Office of Domestic
Preparedness, conduct, on an ongoing basis--
``(A) research and development of new technologies;
``(B) surveys and reviews of available appropriate
technologies; and
``(C) tests, evaluations, and demonstrations of new
and available technologies that significantly improve
the capability of law enforcement agencies in
countering terrorist threats;
``(2) in support of the activities described in paragraph
(1)--
``(A) consult with State and local law enforcement
agencies and others determined by the Secretary,
including the advisory committee established under
section 430(d);
``(B) work with the National Institute for
Standards and Technology and any other office or agency
determined by the Secretary;
``(C) at the discretion of the Secretary, enter
into agreements and coordinate with other Federal
agencies to maximize the effectiveness of the
technologies, equipment, and information; and
``(3) provide a comprehensive list of available
technologies, equipment, and information to the Office for
Domestic Preparedness which shall administer a technology
transfer program described under section 430(d).''.
(b) Office for Domestic Preparedness.--Section 430 of the Homeland
Security Act of 2002 (6 U.S.C. 238) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Technology, Equipment, and Information Transfer Program.--
``(1) Administration.--The Director of the Office for
Domestic Preparedness, in coordination with the Under Secretary
for Science and Technology, shall establish and administer a
technology transfer program through which the Director shall--
``(A) make the counterterrorism technology,
equipment, and information available to State and local
law enforcement agencies each year based on--
``(i) the comprehensive list of available
technologies, equipment, and information
described under section 313(c); and
``(ii) the needs identified by the advisory
committee established under this subsection;
``(B) consult with State and local law enforcement
agencies and others, as determined by the Secretary;
``(C) accept applications from the head of State
and local law enforcement agencies that wish to acquire
such technologies, equipment, and information to
improve the homeland security capabilities of those
agencies, and review these applications with the
advisory committee established under this subsection;
and
``(D) transfer the approved technology, equipment,
and information and provide the appropriate training to
the State or local law enforcement agencies to
implement such technology, equipment, and information.
``(2) Technology transfer advisory committee.--Under the
authority of section 871, the Secretary, acting through the
Director of the Office for Domestic Preparedness, shall
establish an advisory committee, or designate an existing
advisory committee comprised of retired and active duty State
and local law enforcement officers, to advise the Director of
the Office for Domestic Preparedness and the Under Secretary
for Science and Technology regarding the homeland security
technology transfer program established under this subsection.
``(3) Expansion of program.--Upon the approval of the
Secretary, the Director of the Office for Domestic Preparedness
may expand the program established under this subsection to
transfer technology, equipment, and information to first
responders other than law enforcement agencies and revise the
advisory committee accordingly.
``(4) Limitation on administration expenditure.--Not more
than 10 percent of the budget of the technology, equipment, and
information transfer program established under this subsection
may be used for administrative expenses.
``(5) Authorization of Appropriations.--There are
authorized to be appropriated $50,000,000 for each of the
fiscal years 2005 through 2014 to carry out this subsection.''.
Passed the Senate February 4, 2004.
Attest:
Secretary.
108th CONGRESS
2d Session
S. 1612
_______________________________________________________________________
AN ACT
To establish a technology, equipment, and information transfer program
within the Department of Homeland Security. | Homeland Security Technology Improvement Act of 2004 - Amends the Homeland Security Act of 2002 to include, as an element of the program to encourage technological innovation in facilitating the mission of the Department of Homeland Security, the establishment of a multi-agency homeland security technology, equipment, and information transfer program to allow for the transfer of technology, equipment, and information to State and local law enforcement agencies. Requires the Secretary of Homeland Security, acting through the Under Secretary for Science and Technology, in developing such program, to: (1) in close cooperation with the Office for Domestic Preparedness, conduct research and development of new technologies, surveys and reviews of available appropriate technologies, and tests, evaluations, and demonstrations of new and available technologies that significantly improve the capability of law enforcement agencies in countering terrorist threats; (2) in support of such activities, consult with State and local law enforcement agencies and others, work with the National Institute for Standards and Technology and any other office or agency, and enter into agreements and coordinate with other Federal agencies to maximize the effectiveness of the technologies, equipment, and information; and (3) provide a comprehensive list of available technologies, equipment, and information to the Office of Domestic Preparedness, which shall administer the technology transfer program.
Requires the Director of the Office for Domestic Preparedness, in coordination with the Under Secretary, to: (1) make counterterrorism technology, equipment, and information available to State and local law enforcement agencies based on the list of available technologies, equipment, and information and the needs identified by the technology transfer advisory committee established by this Act; (2) consult with State and local law enforcement agencies; (3) accept applications from State and local law enforcement agencies that wish to acquire such technologies, equipment, and information to improve their homeland security capabilities and review such applications with the advisory committee; and (4) transfer the approved technology, equipment, and information and provide training to the State or local law enforcement agencies to implement such technology equipment, and information.
Allows the Director, upon approval of the Secretary, to expand the program to first responders other than law enforcement agencies and to revise the advisory committee accordingly.
Limits expenditures for administrative costs to ten percent of the program budget.
Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to establish a technology, equipment, and information transfer within the Department of Homeland Security."} | 1,050 | 462 | 0.797829 | 2.315372 | 0.924521 | 5.115124 | 2.465011 | 0.952596 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Semipostal Authorization Act''.
SEC. 2. AUTHORITY TO ISSUE SEMIPOSTALS.
(a) In General.--Chapter 4 of title 39, United States Code, is
amended by adding at the end the following:
``Sec. 416. Authority to issue semipostals
``(a) Definitions.--For purposes of this section--
``(1) the term `semipostal' means a postage stamp which is
issued and sold by the Postal Service, at a premium, in order to
help provide funding for a cause described in subsection (b); and
``(2) the term `agency' means an Executive agency within the
meaning of section 105 of title 5.
``(b) Discretionary Authority.--The Postal Service is hereby
authorized to issue and sell semipostals under this section in order to
advance such causes as the Postal Service considers to be in the
national public interest and appropriate.
``(c) Rate of Postage.--The rate of postage on a semipostal issued
under this section shall be established by the Governors, in accordance
with such procedures as they shall by regulation prescribe (in lieu of
the procedures under chapter 36), except that--
``(1) the rate established for a semipostal under this section
shall be equal to the rate of postage that would otherwise
regularly apply, plus a differential of not to exceed 25 percent;
and
``(2) no regular rates of postage or fees for postal services
under chapter 36 shall be any different from what they otherwise
would have been if this section had not been enacted.
The use of any semipostal issued under this section shall be voluntary
on the part of postal patrons.
``(d) Amounts Becoming Available.--
``(1) In general.--The amounts becoming available from the sale
of a semipostal under this section shall be transferred to the
appropriate agency or agencies under such arrangements as the
Postal Service shall by mutual agreement with each such agency
establish.
``(2) Identification of appropriate causes and agencies.--
Decisions concerning the identification of appropriate causes and
agencies to receive amounts becoming available from the sale of a
semipostal under this section shall be made in accordance with
applicable regulations under subsection (e).
``(3) Determination of amounts.--
``(A) In general.--The amounts becoming available from the
sale of a semipostal under this section shall be determined in
a manner similar to that provided for under section 414(c)(2)
(as in effect on July 1, 2000).
``(B) Administrative costs.--Regulations under subsection
(e) shall specifically address how the costs incurred by the
Postal Service in carrying out this section shall be computed,
recovered, and kept to a minimum.
``(4) Other funding not to be affected.--Amounts which have or
may become available from the sale of a semipostal under this
section shall not be taken into account in any decision relating to
the level of appropriations or other Federal funding to be
furnished to an agency in any year.
``(5) Recovery of costs.--Before transferring to an agency in
accordance with paragraph (1) any amounts becoming available from
the sale of a semipostal over any period, the Postal Service shall
ensure that it has recovered the full costs incurred by the Postal
Service in connection with such semipostal through the end of such
period.
``(e) Regulations.--
``(1) In general.--Except as provided in subsection (c), the
Postal Service shall prescribe any regulations necessary to carry
out this section, including provisions relating to--
``(A) which office or other authority within the Postal
Service shall be responsible for making the decisions described
in subsection (d)(2);
``(B) what criteria and procedures shall be applied in
making those decisions; and
``(C) what limitations shall apply, if any, relating to the
issuance of semipostals (such as whether more than one
semipostal may be offered for sale at the same time).
``(2) Notice and comment.--Before any regulation is issued
under this section, a copy of the proposed regulation shall be
published in the Federal Register, and an opportunity shall be
provided for interested parties to present written and, where
practicable, oral comment. All regulations necessary to carry out
this section shall be issued not later than 30 days before the date
on which semipostals are first made available to the public under
this section.
``(f) Annual Reports.--
``(1) In general.--The Postmaster General shall include in each
report rendered under section 2402, with respect to any period
during any portion of which this section is in effect, information
concerning the operation of any program established under this
section.
``(2) Specific requirement.--If any semipostal ceases to be
offered during the period covered by such a report, the information
contained in that report shall also include--
``(A) the commencement and termination dates for the sale
of such semipostal;
``(B) the total amount that became available from the sale
of such semipostal; and
``(C) of that total amount, how much was applied toward
administrative costs.
For each year before the year in which a semipostal ceases to be
offered, any report under this subsection shall include, with
respect to that semipostal (for the year covered by such report),
the information described in subparagraphs (B) and (C).
``(g) Termination.--This section shall cease to be effective at the
end of the 10-year period beginning on the date on which semipostals
are first made available to the public under this section.''.
(b) Reports by Agencies.--Each agency that receives any funding in
a year under section 416 of title 39, United States Code (as amended by
this section) shall submit a written report under this subsection, with
respect to such year, to the congressional committees with jurisdiction
over the United States Postal Service. Each such report shall include--
(1) the total amount of funding received by such agency under
such section 416 during the year;
(2) an accounting of how any funds received by such agency
under such section 416 were allocated or otherwise used by such
agency in such year; and
(3) a description of any significant advances or
accomplishments in such year that were funded, in whole or in part,
out of amounts received by such agency under such section 416.
(c) Reports by the General Accounting Office.--
(1) Interim report.--The General Accounting Office shall submit
to the President and each House of Congress an interim report on
the operation of the program established under section 416 of title
39, United States Code (as amended by this section) not later than
4 years after semipostals are first made available to the public
under such section.
(2) Final report.--The General Accounting Office shall transmit
to the President and each House of Congress a final report on the
operation of the program established under such section 416, not
later than 6 months before the date on which it is scheduled to
expire. The final report shall contain a detailed statement of the
findings and conclusions of the General Accounting Office, together
with any recommendations it considers appropriate.
(d) Clerical Amendment.--The table of sections for chapter 4 of
title 39, United States Code, is amended by adding at the end the
following:
``416. Authority to issue semipostals.''.
(e) Effective Date.--The program under section 416 of title 39,
United States Code (as amended by this section) shall be established
within 6 months after the date of the enactment of this Act.
SEC. 3. EXTENSION OF AUTHORITY TO ISSUE SEMIPOSTALS FOR BREAST CANCER
RESEARCH.
(a) In General.--Section 414(g) of title 39, United States Code, is
amended to read as follows:
``(g) This section shall cease to be effective after July 29, 2002,
or the end of the 2-year period beginning on the date of the enactment
of the Semipostal Authorization Act, whichever is later.''.
(b) Reporting Requirement.--No later than 3 months and no earlier
than 6 months before the date as of which section 414 of title 39,
United States Code (as amended by this section) is scheduled to expire,
the Comptroller General of the United States shall submit to the
Congress a report on the operation of such section. Such report shall
be in addition to the report required by section 2(b) of Public Law
105-41, and shall address at least the same matters as were required to
be included in that earlier report.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Extends the Stamp Out Breast Cancer Authorization Act until July 29, 2002, or the end of the second year after enactment of this Act, whichever is later. | {"src": "billsum_train", "title": "Semipostal Authorization Act"} | 1,972 | 39 | 0.331281 | 0.796528 | -0.542842 | 3.354839 | 58.387097 | 0.903226 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Victims of Violence
Confidentiality Act of 2005''.
SEC. 2. VICTIM SERVICE ORGANIZATION PRIVILEGE, AND HEALTH CARE
PROFESSIONAL PRIVILEGE, IN CASES ARISING UNDER THE
UNIFORM CODE OF MILITARY JUSTICE.
(a) Privilege Established.--
(1) In general.--Subchapter XI of chapter 47 of title 10,
United States Code (the Uniform Code of Military Justice), is
amended by adding at the end the following new section:
``Sec. 941. Art. 141. Privilege for communication with victim service
organization or health care professional
``(a) General Rule of Privilege.--A client has a privilege to
refuse to disclose and to prevent any other person from disclosing a
confidential communication made between the client and a victim service
organization or any representative of the organization, or between the
client and a health care professional or any representative of the
professional, in a case arising under this chapter, if such
communication was made for the purpose of securing advice, counseling,
treatment, or assistance concerning the client's mental, physical, or
emotional condition caused by domestic violence, family vilolence,
dating violence, stalking, or sexual assault.
``(b) Definitions.--As used in this section:
``(1) The term `client' means a person who consults with or
is examined or interviewed by a victim service organization or
any representative of the organization, or by a health care
professional or any representative of the professional.
``(2) The term `victim service organization' means an
organization (whether public or private) that provides advice,
counseling, or assistance to victims of domestic violence,
family violence, dating violence, stalking, or sexual assault,
or to the families of such victims.
``(3) The term `representative', with respect to an
organization or professional, means a person directed by or
assigned to assist that organization or professional,
respectively, in providing advice, counseling, treatment, or
assistance.
``(4) The term `confidential communication'--
``(A) means a communication not intended to be
disclosed to third persons other than--
``(i) those to whom disclosure is in
furtherance of providing advice, counseling,
treatment, or assistance to the client; and
``(ii) those reasonably necessary for
disclosing under clause (i); and
``(B) in addition to communications under
subparagraph (A), also includes any information that
provides the client's identity or that provides any
clue that can be used to help deduce the client's
identity, such as--
``(i) a first or last name;
``(ii) a home or other physical address,
including street name and name of city or town;
``(iii) active duty, reservist, guard, or
veteran status;
``(iv) assigned rate or rank;
``(v) duty station or deployment status;
``(vi) squad, unit, company, platoon, ship,
squadron, wing command, fleet, command, or
battalion of the Army, Navy, Marine Corps, or
Air Force;
``(vii) an email address or other online
contact information, such as an instant
messaging user identifier or a screen name that
reveals an individual's email address;
``(viii) a telephone number;
``(ix) a Social Security Number;
``(x) an Internet Protocol (IP) address or
host name that identifies an individual;
``(xi) a persistent identifier, such as a
customer number held in a cookie or processor
serial number, that is combined with other
available data that identifies an individual;
or
``(xii) any other descriptive information,
such as grade point average, date of birth,
academic or occupational assignments or
interests, athletic or extracurricular
interests, racial or ethnic background, or
religious affiliation.
``(c) Who May Claim the Privilege.--The privilege may be claimed by
the client or the guardian or conservator of the client. A person who
may claim the privilege may authorize trial counsel or defense counsel
to claim the privilege on his or her behalf. The victim service
organization, health care professional, or representative who received
the communication may claim the privilege on behalf of the client. The
authority of such an organization, professional, representative,
guardian, or conservator to so assert the privilege is presumed in the
absence of evidence to the contrary.
``(d) Exceptions.--There is no privilege under this section--
``(1) when the client is dead;
``(2) to the extent the communication reports child abuse;
``(3) when a victim service organization, health care
professional, or representative believes that a client's mental
or emotional condition makes the client a danger to any person,
including the client; or
``(4) if the communication clearly contemplated the future
commission of a fraud or crime or if the services of the victim
service organization or health care professional are sought or
obtained to enable or aid anyone to commit or plan to commit
what the client knew or reasonably should have known to be a
crime or fraud.''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:
``941. 141. Privilege for communication with victim service
organization or health care
professional.''.
(b) Applicability.--Section 941 of title 10, United States Code, as
added by subsection (a), applies to communications made after the date
of the enactment of this Act. | Military Victims of Violence Confidentiality Act of 2005 - Amends the Uniform Code of Military Justice (UCMJ) to provide that a client has a privilege to refuse to disclose, and to prevent any other person from disclosing, a confidential communication made between the client and a victim service organization, or between the client and a health care professional, in a case arising under the UCMJ, if such communication was made for securing advice, counseling, treatment, or assistance concerning the client's mental, physical, or emotional condition caused by domestic violence, family violence, dating violence, stalking, or sexual assault. Provides privilege exceptions. | {"src": "billsum_train", "title": "To ensure that the confidential communications of a member of the Armed Forces with a victim service organization or a health care professional are not disclosed, and for other purposes."} | 1,290 | 148 | 0.642177 | 1.821691 | 0.676864 | 6.277311 | 10.067227 | 0.94958 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guantanamo Bay Detention Facility
Detention Act of 2011''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States is still in a global war on terror
and engaged in armed conflict with terrorist organizations, and
will continue to capture terrorists who will need to be
detained in a secure facility.
(2) Since 2002, enemy combatants have been captured by the
United States and its allies and detained in facilities at the
Guantanamo Bay Detention Facility (GTMO) at United States Naval
Station, Guantanamo Bay, Cuba.
(3) The United States has detained almost 800 al-Qaeda and
Taliban combatants at the Guantanamo Bay Detention Facility.
(4) More than 600 detainees have been tried, transferred,
or released from the Guantanamo Bay Detention Facility to other
countries.
(5) The last enemy combatant brought to the Guantanamo Bay
Detention Facility for detention was brought in June 2008.
(6) The military detention facilities at the Guantanamo Bay
Detention Facility meet the highest international standards,
and play a fundamental part in protecting the lives of
Americans from terrorism.
(7) The Guantanamo Bay Detention Facility is a state-of-
the-art facility that provides humane treatment for all
detainees, is fully compliant with the Geneva Convention, and
provides treatment and oversight that exceed any maximum-
security prison in the world, as attested to by human rights
organizations, the International Committee of the Red Cross,
Attorney General Holder, and an independent commission led
Admiral Walsh.
(8) The Guantanamo Bay Detention Facility is a secure
location away from population centers, provides maximum
security required to prevent escape, provides multiple levels
of confinement opportunities based on the compliance of
detainees, and provides medical care not available for a
majority of the population of the world.
(9) The Expeditionary Legal Complex (ELC) at the Guantanamo
Bay Detention Facility is the only one of its kind in the
world. It provides a secure location to secure and try
detainees charged by the United States Government, full access
to sensitive and classified information, full access to defense
lawyers and prosecution, and full media access by the press.
(10) The Guantanamo Bay Detention Facility is the single
greatest repository of human intelligence in the war on terror.
(11) The intelligence derived from the Guantanamo Bay
Detention Facility has prevented terrorist attacks and saved
lives in the past and continues to do so today.
(12) The intelligence obtained from questioning detainees
at the Guantanamo Bay Detention Facility includes information
on the following:
(A) The organizational structure of al-Qaeda, the
Taliban, and other terrorist groups.
(B) The extent of the presence of terrorists in
Europe, the United States, and the Middle East, and
elsewhere around the globe.
(C) The pursuit of weapons of mass destruction by
al-Qaeda.
(D) The methods of recruitment by al-Qaeda and the
locations of its recruitment centers.
(E) The skills of terrorists, including general and
specialized operative training.
(F) The means by which legitimate financial
activities are used to hide terrorist operations.
(13) Key intelligence used to find Osama bin Laden was
obtained at least in part through the use of enhanced
interrogation of detainees at the Guantanamo Bay Detention
Facility, with Leon Panetta, Director of the Central
Intelligence Agency, acknowledging that ``[c]learly some of it
came from detainees and the interrogation of detainees . . .''
and confirming that ``they used these enhanced interrogation
techniques against some of those detainees''.
SEC. 3. REQUIREMENT FOR DETENTION AT UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA, OF HIGH-VALUE DETAINEES WHO WILL BE
DETAINED LONG-TERM.
(a) Requirement.--Each high-value enemy combatant who is captured
or otherwise taken into long-term custody or detention by the United
States shall, while under such detention of the United States, be
detained at the Guantanamo Bay Detention Facility (GTMO) at United
States Naval Station, Guantanamo Bay, Cuba.
(b) High-Value Enemy Combatant Defined.--In this section, the term
``high-value enemy combatant'' means an enemy combatant who--
(1) is a senior member of al-Qaeda, the Taliban, or any
associated terrorist group;
(2) has knowledge of an imminent terrorist threat against
the United States or its territories, the Armed Forces of the
United States, the people or organizations of the United
States, or an ally of the United States;
(3) has, or has had, direct involvement in planning or
preparing a terrorist action against the United States or an
ally of the United States or in assisting the leadership of al-
Qaeda, the Taliban, or any associated terrorist group in
planning or preparing such a terrorist action; or
(4) if released from detention, would constitute a clear
and continuing threat to the United States or any ally of the
United States. | Guantanamo Bay Detention Facility Detention Act of 2011 - Requires each high-value enemy combatant captured or otherwise taken into long-term custody or detention by the United States to, while under such U.S. detention, be detained at the Guantanamo Bay Detention Facility (GTMO) at U.S. Naval Station, Guantanamo Bay, Cuba.
Defines "high-value enemy combatant" as an enemy combatant who: (1) is a senior member of al-Qaeda, the Taliban, or any associated terrorist group; (2) has knowledge of an imminent terrorist threat against the United States or its territories, the U.S. Armed Forces, or U.S. people, organizations, or allies; (3) has, or has had, direct involvement in planning or preparing a terrorist action against the United States or a U.S. ally or in assisting the leadership of al-Qaeda, the Taliban, or any associated terrorist group in planning or preparing such a terrorist action; or (4) would, if released from detention, constitute a clear and continuing threat to the United States or any U.S. ally. | {"src": "billsum_train", "title": "A bill to require the detention at United States Naval Station, Guantanamo Bay, Cuba, of high-value enemy combatants who will be detained long-term."} | 1,175 | 261 | 0.565184 | 1.559344 | 0.654788 | 7.73913 | 5.05314 | 0.94686 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bailout Prevention Act of 2015''.
SEC. 2. DISCOUNTS FOR INDIVIDUALS, PARTNERSHIPS, AND CORPORATIONS.
Section 13(3)(B) of the Federal Reserve Act (12 U.S.C. 343(3)(B))
is amended by striking clauses (ii) and (iii) and inserting the
following:
``(ii)(I) The Board shall establish procedures to
prohibit borrowing from programs and facilities by
borrowers that are insolvent. A borrower shall not be
eligible to borrow from any emergency lending program
or facility unless the Board and all Federal banking
regulators with jurisdiction over the borrower certify
that, at the time the borrower initially borrows under
the program or facility, the borrower is not insolvent.
Solvency shall be assessed by examining the last 4
months of relevant financial data and determining
whether the fair value of the borrower's assets exceeds
the fair value of the borrower's liabilities, with
appropriate adjustment for temporary illiquidity in
relevant markets.
``(II) A borrower shall be considered insolvent for
purposes of this subparagraph if the borrower is--
``(aa) in bankruptcy, resolution under
title II of the Dodd-Frank Wall Street Reform
and Consumer Protection Act (12 U.S.C. 5381 et
seq.), or any other Federal or State insolvency
proceeding; or
``(bb) a bridge financial company (as
defined in section 201(a) of the Dodd-Frank
Wall Street Reform and Consumer Protection Act
(12 U.S.C. 5381(a))) or a bridge depository
institution (as defined in section 3 of the
Federal Deposit Insurance Act (12 U.S.C.
1813)).
``(III) If the Board or any other banking regulator
makes a certification of solvency, the Board or banking
regulator, as applicable, shall issue a contemporaneous
public statement providing a detailed explanation of
the certification decision.
``(iii) A program or facility shall be considered a
program or facility with broad-based eligibility only
if not fewer than 5 companies are eligible to
participate in the program or facility in a significant
manner.''.
SEC. 3. PENALTY RATE REQUIREMENT; CONGRESSIONAL APPROVAL REQUIREMENT.
Section 13(3) of the Federal Reserve Act (12 U.S.C. 343(3)) is
amended by adding at the end the following:
``(F) Any emergency lending under this paragraph
shall be provided at an annual interest rate not less
than 500 basis points greater than the cost of
borrowing for the United States Treasury for a
commensurate loan term.
``(G)(i) If the Board determines that the Board
shall create an emergency lending program or facility
that does not comply with the broad-based eligibility
requirement described in subparagraph (B)(iii) or the
penalty rate requirement described in subparagraph (F),
the Board--
``(I) may create such a program or
facility; and
``(II) not later than 3 days after the date
on which a program or facility is created under
clause (i), shall submit to Congress a report
that describes the reasons why the Board is
unable to comply with any requirement described
in the matter preceding subclause (I).
``(ii)(I) A program or facility created under
clause (i)(I) shall terminate on the date that is 30
calendar days after the date on which Congress receives
a report described in clause (i)(II) unless there is
enacted into law a joint resolution approving the
program or facility not later than 30 calendar days
after the date on which the report is received. Any
loan offered through the program or facility that are
outstanding as of the date on which the facility is
terminated shall be repaid in full not later than 30
calendar days after the date on which the program or
facility is terminated.
``(II) For the purpose of this section, the term
`joint resolution' means only a joint resolution--
``(aa) that is introduced not later than 3
calendar days after the date on which the
report referred to in clause (i)(I) is received
by Congress;
``(bb) that does not have a preamble;
``(cc) the title of which is as follows:
`Joint resolution relating to the approval of a
program or facility created by the Board of
Governors of the Federal Reserve System'; and
``(dd) the matter after the resolving
clause of which is as follows: `That Congress
approves the program or facility created by the
Board of Governors of the Federal Reserve
System on __________.' (The blank space being
appropriately filled in).
``(III)(aa) Upon receipt of a report under
subsection (a)(3), the Speaker, if the House would
otherwise be adjourned, shall notify the Members of the
House that, pursuant to this section, the House shall
convene not later than the second calendar day after
receipt of such report.
``(bb) Any committee of the House of
Representatives to which a joint resolution is referred
shall report it to the House not later than 5 calendar
days after the date of receipt of the report described
in clause (i)(II). If a committee fails to report the
joint resolution within that period, the committee
shall be discharged from further consideration of the
joint resolution and the joint resolution shall be
referred to the appropriate calendar.
``(cc) After each committee authorized to consider
a joint resolution reports it to the House or has been
discharged from its consideration, it shall be in
order, not later than the sixth day after Congress
receives the report described in clause (i)(II), to
move to proceed to consider the joint resolution in the
House. All points of order against the motion are
waived. Such a motion shall not be in order after the
House has disposed of a motion to proceed on the joint
resolution. The previous question shall be considered
as ordered on the motion to its adoption without
intervening motion. The motion shall not be debatable.
A motion to reconsider the vote by which the motion is
disposed of shall not be in order.
``(dd) The joint resolution shall be considered as
read. All points of order against the joint resolution
and against its consideration are waived. The previous
question shall be considered as ordered on the joint
resolution to its passage without intervening motion
except 2 hours of debate equally divided and controlled
by the proponent and an opponent. A motion to
reconsider the vote on passage of the joint resolution
shall not be in order.
``(IV)(aa) Upon receipt of a report under clause (i)(II),
if the Senate has adjourned or recessed for more than 2 days,
the majority leader of the Senate, after consultation with the
minority leader of the Senate, shall notify the Members of the
Senate that, pursuant to this subparagraph, the Senate shall
convene not later than the second calendar day after receipt of
such message.
``(bb) Upon introduction in the Senate, the joint
resolution shall be placed immediately on the calendar.
``(cc)(AA) Notwithstanding Rule XXII of the Standing Rules
of the Senate, it is in order at any time during the period
beginning on the fourth day after the date on which Congress
receives a report described in clause (i)(II) and ending on the
sixth day after the date on which Congress receives the report
(even though a previous motion to the same effect has been
disagreed to) to move to proceed to the consideration of the
joint resolution, and all points of order against the joint
resolution (and against consideration of the joint resolution)
are waived. The motion to proceed is not debatable. The motion
is not subject to a motion to postpone. A motion to reconsider
the vote by which the motion is agreed to or disagreed to shall
not be in order. If a motion to proceed to the consideration of
the resolution is agreed to, the joint resolution shall remain
the unfinished business until disposed of.
``(BB) Debate on the joint resolution, and on all debatable
motions and appeals in connection therewith, shall be limited
to not more than 10 hours, which shall be divided equally
between the majority and minority leaders or their designees. A
motion further to limit debate is in order and not debatable.
An amendment to, or a motion to postpone, or a motion to
proceed to the consideration of other business, or a motion to
recommit the joint resolution is not in order.
``(CC) The vote on passage shall occur immediately
following the conclusion of the debate on a joint resolution,
and a single quorum call at the conclusion of the debate if
requested in accordance with the rules of the Senate.
``(DD) Appeals from the decisions of the Chair relating to
the application of the rules of the Senate, as the case may be,
to the procedure relating to a joint resolution shall be
decided without debate.
``(V)(aa) If, before the passage by one House of a joint resolution
of that House, that House receives from the other House a joint
resolution, then the following procedures shall apply:
``(AA) The joint resolution of the other House shall not be
referred to a committee.
``(BB) With respect to a joint resolution of the House
receiving the resolution--
``(CC) the procedure in that House shall be the same as if
no joint resolution had been received from the other House; but
``(DD) the vote on passage shall be on the joint resolution
of the other House.
``(bb) If one House fails to introduce or consider a joint
resolution under this section, the joint resolution of the other House
shall be entitled to expedited floor procedures under this section.
``(cc) If, following passage of the joint resolution in the Senate,
the Senate then receives the companion measure from the House of
Representatives, the companion measure shall not be debatable.
``(dd) If the President vetoes the joint resolution, the period
beginning on the date the President vetoes the joint resolution and
ending on the date the Congress receives the veto message with respect
to the joint resolution shall be disregarded in computing the 30-
calendar day period described in subclause (I) and debate on a veto
message in the Senate under this section shall be 1 hour equally
divided between the majority and minority leaders or their designees.
``(ee) This subclause and subclauses (II), (III), and (IV) are
enacted by Congress--
``(AA) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a joint resolution, and it supersedes
other rules only to the extent that it is inconsistent with
such rules; and
``(BB) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.''.
SEC. 4. REGULATION OF CERTAIN FINANCIAL HOLDING COMPANIES.
(a) In General.--Section 4 of the Bank Holding Company Act of 1956
(12 U.S.C. 1843) is amended by striking subsection (o).
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is 5 years after the date of enactment of
this Act. | Bailout Prevention Act of 2015 This bill amends the Federal Reserve Act, with respect to the discounting of obligations arising out of actual commercial transactions, to declare a borrower ineligible to borrow from any emergency lending program or facility unless the Board of Governors of the Federal Reserve System and all federal banking regulators with jurisdiction over the borrower certify that, at the time the borrower initially borrows under the program or facility, the borrower is not insolvent. A borrower shall be deemed insolvent for such purposes if it is a bridge financial company (organized by the Federal Deposit Insurance Corporation [FDIC] to resolve a covered financial company) or a bridge depository institution (a new national bank or federal savings association organized by the FDIC to assume the deposits of one or more insured depository institutions that are in default or in danger of default). The annual (penalty) interest rate for emergency lending must be at least 500 basis points greater than the cost of borrowing for the United States Treasury for a commensurate loan term. The Board may create an emergency lending program or facility that does not meet the broad-based eligibility requirement (that at least five companies be eligible to participate in it) or this penalty rate requirement, but only if Congress enacts a joint resolution of approval within 30 days. The Bank Holding Company Act of 1956 is amended to repeal the authorization for certain financial holding companies to engage in, or own or control shares of a company that is engaged in commodity trading, selling, or investing if certain requirements are met. | {"src": "billsum_train", "title": "Bailout Prevention Act of 2015"} | 2,651 | 337 | 0.587934 | 1.721379 | 0.680696 | 3.309524 | 8.265306 | 0.819728 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employee Protection Act of
2001''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Federal agencies cannot be run effectively if those
agencies practice or tolerate discrimination;
(2) in August 2000, a jury found that the Environmental
Protection Agency had discriminated against a senior social
scientist, and awarded that scientist $600,000;
(3) in October 2000, an Occupational Safety and Health
Administration investigation found that the Environmental
Protection Agency had retaliated against a senior scientist for
disagreeing with that agency on a matter of science and for
helping Congress to carry out its oversight responsibilities;
(4) notifying Federal employees of their rights under
discrimination and whistleblower statutes should increase
agency compliance with the law;
(5) requiring annual reports to Congress on the number and
severity of discrimination and whistleblower cases brought
against each Federal agency should enable Congress to improve
its oversight over agencies' compliance with the law; and
(6) penalizing a Federal agency by requiring that agency to
pay for any discrimination or whistleblower judgment, award, or
settlement should improve agency accountability with respect to
whistleblower and discrimination laws.
SEC. 3. DEFINITIONS.
In this Act--
(1) the term ``applicant for Federal employment'' means an
individual applying for employment in or under a Federal
agency;
(2) the term ``Federal agency'' means an Executive agency
as defined under section 105 of title 5, United States Code;
(3) the term ``Federal employee'' means an individual
employed in or under a Federal agency; and
(4) the term ``former Federal employee'' means an
individual formerly employed in or under a Federal agency.
SEC. 4. REIMBURSEMENT REQUIREMENT.
(a) Applicability.--This section applies with respect to any
payment made in accordance with section 2414, 2517, 2672, or 2677 of
title 28, United States Code, and under section 1304 of title 31,
United States Code (relating to judgments, awards, and compromise
settlements) to any Federal employee, former Federal employee, or
applicant for Federal employment, in connection with any proceeding
brought by or on behalf of such employee, former employee, or applicant
under--
(1) any provision of law cited in subsection (c); or
(2) any other provision of law which prohibits any form of
discrimination, as identified under regulations prescribed
under section 8.
(b) Requirement.--An amount equal to the amount of each payment
described in subsection (a) shall be reimbursed to the fund described
in section 1304 of title 31, United States Code, out of any
appropriation, fund, or other account available for operating expenses
of the Federal agency to which the discriminatory or prohibited conduct
involved is attributable, as determined under section 8.
(c) Scope.--The provisions of law cited in this subsection are
section 2302 of title 5, United States Code, section 322(a) of the
Clean Air Act (42 U.S.C. 7622(a)), section 110(a) of the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C.
9610(a)), section 507(a) of the Federal Water Pollution Control Act (33
U.S.C. 1367(a)), section 1450(i)(1) of the Safe Drinking Water Act (42
U.S.C. 300j-9(i)(1)), section 7001(a) of the Solid Waste Disposal Act
(42 U.S.C. 6971(a)), and section 23(a) of the Toxic Substances Control
Act (15 U.S.C. 2622(a)).
SEC. 5. NOTIFICATION REQUIREMENT.
(a) In General.--Written notification of the rights and protections
available to Federal employees, former Federal employees, and
applicants for Federal employment in connection with the respective
provisions of law covered under section 4(a) (1) and (2) shall be
provided to such employees, former employees, and applicants--
(1) in accordance with otherwise applicable provisions of
law; or
(2) if to the extent that no such notification would
otherwise be required, in such time, form, and manner as shall
under section 8 be required in order to carry out this section.
(b) Posting on the Internet.--Any written notification under this
section shall include the posting of the information required under
subsection (a) (1) or (2) on the Internet site of the Federal agency
involved.
SEC. 6. REPORTING REQUIREMENT.
(a) Annual Report.--Each Federal agency shall submit to Congress
and the Attorney General an annual report that shall include, with
respect to the prior calendar year--
(1) the number of cases arising under each of the
respective provisions of law covered under section 4(a) (1) or
(2) in which discrimination or prohibited conduct on the part
of such agency was alleged;
(2) the status or disposition of cases described under
paragraph (1);
(3) the amount of money required to be reimbursed by such
agency under section 4 in connection with each of those cases;
and
(4) the number of employees disciplined for discrimination,
retaliation, harassment, or any other infraction of any
provision of law referred to under paragraph (1).
(b) 10-Year Report.--Not later than March 1, 2002, each Federal
agency shall submit to Congress and the Attorney General a report that
shall include, with respect to the 10-year period preceding the date of
enactment of this Act, the information described under subsection (a)
(1), (2), and (4).
SEC. 7. CLARIFICATION OF REMEDIES.
Consistent with Federal law, nothing in this Act shall prevent any
Federal employee, former Federal employee, or applicant for Federal
employment from exercising any right otherwise available under law.
SEC. 8. REGULATIONS.
The President or the designee of the President shall prescribe
regulations necessary to carry out this Act. | Federal Employee Protection Act of 2001 - Requires the amount of any claim, final judgment, award, or compromise settlement paid to any current or former Federal employee or applicant in connection with prohibited personnel practices and specified anti-discrimination and whistle blower protection proceedings to be reimbursed to the fund established for such payments out of the operating expenses of the agency to which the discriminatory or prohibited conduct is attributable. | {"src": "billsum_train", "title": "A bill to require that Federal agencies be accountable for violations of antidiscrimination and whistleblower protection laws, and for other purposes."} | 1,306 | 89 | 0.534622 | 1.506522 | 0.944172 | 2.657895 | 15.947368 | 0.815789 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Link-up for Learning Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Growing numbers of children live in an environment of
social and economic conditions that greatly increase their risk
of academic failure when they become students.
(2) More than 20 percent of the Nation's children live in
poverty while at the same time the Nation's infrastructure of
social support for children of poor families has greatly
eroded; for example, 40 percent of eligible children do not
receive free or reduced price lunches or benefit from food
stamps, 25 percent are not covered by health insurance, and
only 20 percent are accommodated in public housing.
(3) Many at-risk students suffer the effects of inadequate
nutrition and health care, overcrowded and unsafe living
conditions and homelessness, family and gang violence,
substance abuse, sexual abuse, and child abuse, involuntary
migration, and limited English proficiency that often create
severe barriers to learning the knowledge and skills needed to
become literate, independent, and productive citizens.
(4) Almost half of all children and youths live in a single
parent family for some period of their lives, greatly reducing
parental involvement in their education.
(5) High proportions of disadvantaged and minority children
are with never married mothers or teenage mothers, greatly
limiting the resources available for early childhood
development and education.
(6) Large numbers of children and youths are recent
immigrants or children of recent immigrants with limited
English proficiency and significant unmet educational needs.
(7) Services for at-risk students are fragmented,
expensive, overregulated, often ineffective and duplicative,
and focused on narrow problems and not the needs of the whole
child and family.
(8) School personnel and other support service providers
often lack knowledge of and access to available services for
at-risk students and their family in the community, are
constrained by bureaucratic obstacles from providing the
services most needed, and have few resources or incentives to
coordinate services.
(9) Service providers for at-risk students such as
teachers, social workers, health care givers, juvenile justice
workers and others are trained in separate institutions,
practice in separate agencies, and pursue separate professional
activities that provide little support for coordination and
integration of services.
(10) Coordination and integration of services for at-risk
students emphasizing prevention and early intervention offer a
great opportunity to break the cycle of poverty that leads to
academic failure, teenage parenthood, leaving school, low skill
levels, unemployment, and low income.
(11) Coordination of services is more cost effective for
schools and support agencies because it reduces duplication,
improves quality of services, and substitutes prevention for
expensive crisis intervention.
SEC. 3. PURPOSES.
(a) Improvement of Student Performance.--It is the purpose of this
Act to establish a program of grants to local educational agencies to
improve the educational performance of at-risk students by--
(1) removing barriers to their learning;
(2) coordinating and enhancing the effectiveness of
educational support services;
(3) replicating and disseminating programs of high quality
coordinated support services;
(4) increasing parental educational involvement;
(5) improving the capacity of school and support services
personnel to collaborate;
(6) integrating services, regulations, data bases,
eligibility procedures, and funding sources whenever possible;
and
(7) focusing school and community resources on prevention
and early intervention strategies to address student needs
holistically.
(b) Coordination.--It is also the purpose of this Act to provide
assistance to foster planning, coordination, and collaboration among
local, county, State, and Federal educational and other student support
service agencies and levels of government, nonprofit organizations, and
the private sector to improve the educational performance of at-risk
students by--
(1) identifying and removing unnecessary regulations,
duplication of services, and obstacles to coordination;
(2) improving communication and information exchange;
(3) creating joint funding pools or resource banks;
(4) providing cross-training of agency personnel; and
(5) increasing parental and community involvement in
education.
SEC. 4. ELIGIBILITY.
(a) Coordinated Services.--A local educational agency that seeks to
plan and implement a coordinated services program for at-risk students
with at least 1 other cooperating public agency is eligible to apply.
(b) Coordinating Support Services.--A consortium, including at
least 1 local educational agency and 1 cooperating public service
agency, formed for the purpose of coordinating support services for at-
risk students is eligible to apply.
(c) Cooperating Agencies.--Nonprofit organizations, institutions of
higher education, and private enterprises with experience or expertise
in providing services for at-risk students may also participate as a
cooperating agency with a local educational agency or consortium in
developing, operating, or evaluating programs assisted under this Act.
(d) Head Start Agencies.--A local educational agency that is
receiving assistance under the Head Start Transition program shall also
be eligible for assistance under this Act if it meets the requirements
under subsection (a) or (b) and the cooperating public agency is in
addition to a local Head Start agency.
(e) Limitation.--A local educational agency shall not be eligible
to apply unless it is eligible to receive financial assistance under
chapter 1 of the Elementary and Secondary Education Act of 1965.
SEC. 5. TARGET POPULATION.
(a) Eligible Students.--Educationally deprived students, in chapter
1 eligible schools or students in chapter 1 schoolwide projects, and
their family members, may receive services provided by a project funded
under this Act.
(b) Eligible Schools, Grades, and Areas.--An eligible local
educational agency may select any school, grade span, or program area
for project services providing the requirements of subsection (a) are
met and the project design is of adequate size, scope, and quality to
achieve project outcomes.
SEC. 6. AUTHORIZED USES OF FUNDS.
Local educational agencies receiving grants under this Act may use
the funds to--
(1) plan, develop, coordinate, acquire, expand, or improve
school-based or community-based education support services
through cooperative agreements, contracts for services, or
direct employment of staff to strengthen the educational
performance of at-risk students; education support services may
include but are not limited to child nutrition and nutrition
education; health education, screening and referrals; student
and family counseling, substance abuse prevention; extended
school-day enrichment and remedial programs; child care;
tutoring; mentoring; homework assistance; special curricula;
family literacy; and parent education and involvement
activities;
(2) plan, develop, and operate with other agencies a
coordinated services program for at-risk students to increase
their access to community-based social support services
including but not limited to child nutrition, health and mental
health services; substance abuse prevention and treatment;
foster care and child protective services; child abuse
services; welfare services; recreation; juvenile delinquency
prevention and court intervention; job training and placement;
community-based alternatives to residential placements for
handicapped students; and alternative living arrangements for
students with dysfunctional families;
(3) develop effective strategies for coordinated services
for at-risk students whose families are highly mobile;
(4) develop effective prevention and early intervention
strategies with other agencies to serve at-risk students and
families;
(5) improve interagency communications and information-
sharing including developing local area telecommunications
networks, software development, data base integration and
management, and other applications of technology that improve
coordination of services;
(6) support colocation of support services in schools,
cooperating service agencies, community-based centers, public
housing sites, or other sites nearby schools including rental
or lease payments, open and lock-up fees, or maintenance and
security costs necessary for the delivery of services for at-
risk students;
(7) design, implement, and evaluate unified eligibility
procedures, integrated data bases, and secure confidentiality
procedures that facilitate information sharing;
(8) provide at-risk students with integrated case planning
and case management services through staff support for
interagency teams of service providers or hiring school-based
support services coordinators;
(9) subsidize the coordination and delivery of education-
related services to at-risk students outside the school site by
a participating service agency such as a public housing
authority, library, senior citizen center, or community based
organization;
(10) provide staff development for teachers, guidance
counselors, administrators, and participating agency support
services staff including cross-agency training in service
delivery for at-risk students;
(11) plan and operate 1-stop school-based or nearby
community-based service centers to provide at-risk students and
their families with a wide variety and intensity of support
services such as information, referral, expedited eligibility
screening and enrollment, and direct service delivery; and
(12) support dissemination and replication of a model
coordinated educational support services program to other local
educational agencies including materials and training.
SEC. 7. APPLICATION REQUIREMENTS.
An applicant seeking assistance under this Act shall submit an
application that provides evidence of--
(1) the degree of need for a coordinated services plan
among the students of the local educational agency;
(2) the expected improvement in educational outcomes for
at-risk students served by the program;
(3) a plan for assessing educational and other outcomes of
support services by each cooperating agency providing support
services;
(4) participation of a coordinated services program
advisory council in the development of the application which
council shall consist of the head of each cooperating support
services agency, a member of the local board of education and
the superintendent of schools or their designees,
representatives of parents, students, and the private sector;
(5) a plan for improving the educational achievement of at-
risk youth through more effective coordination of support
services, staff development and cross-agency training, and the
educational involvement of parents;
(6) a plan for continuing support services when Federal
assistance is terminated; and
(7) capacity to serve as a model that could be replicated
by other local educational agencies.
SEC. 8. SPECIAL CONSIDERATIONS.
In making an award under this Act, the Secretary shall give special
consideration to--
(1) the geographic distribution of awards, including urban
and rural districts;
(2) districts with high proportions of at-risk students;
(3) plans that include interagency teams of collaborators
to provide case management services; and
(4) districts that experience a significant increase in the
number of at-risk students.
SEC. 9. REVIEW OF APPLICATIONS.
The Secretary of Education shall coordinate review of applications
with the Secretary of Health and Human Services and the Secretary of
Housing and Urban Development as appropriate.
SEC. 10. DURATION.
Grants under this Act may be for up to 3 years duration subject to
providing the Secretary with evidence of satisfactory progress toward
the achievement of program objectives.
SEC. 11. LIMITATIONS.
(a) Federal Share.--Federal funds may be used for no more than 80
percent of the costs of the project with the remaining funds coming
from non-Federal sources, including in-kind services.
(b) Limitation on Liability for Costs.--In no case may a local
educational agency be held liable for the cost of a service under the
project provided by a cooperating agency that is not required by law or
mutually agreed to.
(c) Nonentitlement.--The provision of any support service under
this program by a local educational agency or cooperating agency to any
student does not entitle that student or other similarly situated
students to the continuation of such services if at any time the local
educational agency chooses to terminate the program or if Federal funds
are withdrawn for any reason.
(d) Limitation on Planning Costs.--No more than 1/3 of project
funds may be used for planning a coordinated services program.
(e) Limitation on Delivery of Direct Services.--No more than 50
percent of project funds may be used for the delivery of direct
services.
(f) Supplementation of Non-Federal Funds.--All Federal funds must
be used to supplement and not supplant the funds that would otherwise
be available from non-Federal sources for this project.
SEC. 12. FEDERAL INTERAGENCY TASK FORCE.
There is established a Federal Interagency Task Force consisting of
the Secretary of Education, the Secretary of Housing and Urban
Development, the Secretary of Health and Human Services, and the heads
of other Federal agencies, as appropriate, for the purpose of
identifying means to facilitate interagency collaboration at the
Federal, State, and local level to improve support services for at-risk
students. The Task Force shall, at a minimum--
(1) identify, and to the extent possible, eliminate program
regulations or practices that impede coordination and
collaboration;
(2) develop and implement whenever possible plans for
creating jointly funded programs, unified eligibility and
application procedures, and confidentiality regulations that
facilitate information sharing; and
(3) make recommendations to the Congress concerning a
comprehensive youth policy and legislative action needed to
facilitate coordination of support services.
SEC. 13. STUDY.
The Secretary of Education shall conduct a study of grantees under
the Act to identify the regulatory and legislative obstacles
encountered in developing and implementing coordinated support services
programs and the innovative procedures and program designs developed
with support under the Act and report the results to the Congress with
recommendations for further legislative action to facilitate
coordinated educational support services.
SEC. 14. AUTHORIZATION OF FUNDS.
There are authorized to be appropriated to carry out the provisions
of this Act $250,000,000 for the fiscal year 1994 and such sums as may
be necessary for each of the fiscal years 1995, 1996, 1997, 1998, and
1999. | Link-up for Learning Act - Establishes a program of grants to local educational agencies (LEAs) in partnership with other eligible entities for coordinated educational and other student support services for at-risk youth.
Makes eligible to apply for such a grant: (1) an LEA that seeks to plan and implement a coordinated services program for at-risk students with at least one other cooperating public agency; and (2) a consortium, including at least one LEA and one cooperating public service agency, formed to coordinate support services for at-risk students. Allows nonprofit organizations, institutions of higher education, and private enterprises with experience or expertise in providing services for at-risk students also to participate as cooperating agencies.
Allows educationally deprived students and their family members to receive services provided by a project under this Act. Allows an eligible LEA to select any school, grade span, or program area for project services, providing such student eligibility requirements are met and the project design is of adequate size, scope, and quality.
Allows such grants to be for up to three years, subject to satisfactory progress. Limits the Federal share of project costs to 80 percent.
Establishes a Federal Interagency Task Force to identify means to facilitate interagency collaboration at Federal, State, and local levels to improve support services for at-risk students. Requires the Task Force to: (1) eliminate program regulations or practices impeding coordination and collaboration; and (2) implement plans for jointly funded programs and unified eligibility and application procedures.
Directs the Secretary of Education to study and report to the Congregrantees under this Act to identify regulatory and legislative obstacles to coordinated support services and innovative procedures and programs.
Authorizes appropriations. | {"src": "billsum_train", "title": "Link-up for Learning Act"} | 2,887 | 366 | 0.480012 | 1.661992 | 0.8044 | 4.151335 | 8.519288 | 0.905045 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission to Strengthen Confidence
in Congress Act of 2006''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
There is established in the legislative branch a commission to be
known as the ``Commission to Strengthen Confidence in Congress'' (in
this Act referred to as the ``Commission'').
SEC. 3. PURPOSES.
The purposes of the Commission are to--
(1) evaluate and report the effectiveness of current
congressional ethics requirements, if penalties are enforced
and sufficient, and make recommendations for new penalties;
(2) weigh the need for improved ethical conduct with the
need for lawmakers to have access to expertise on public policy
issues;
(3) determine and report minimum standards relating to
official travel for Members of Congress and staff;
(4) evaluate the range of gifts given to Members of
Congress and staff, determine and report the effects on public
policy, and make recommendations for limits on gifts;
(5) evaluate and report the effectiveness and transparency
of congressional disclosure laws and recommendations for
improvements;
(6) assess and report the effectiveness of the ban on
Member of Congress and staff from lobbying their former office
for 1 year and make recommendations for altering the time
frame;
(7) make recommendations to improve the process whereby
Members of Congress can earmark priorities in appropriations
Acts, while still preserving congressional power of the purse;
(8) evaluate the use of public and privately funded travel
by Members of Congress and staff, violations of Congressional
rules governing travel, and make recommendations on limiting
travel; and
(9) investigate and report to Congress on its findings,
conclusions, and recommendations for reform.
SEC. 4. COMPOSITION OF COMMISSION.
(a) Members.--The Commission shall be composed of 10 members, of
whom--
(1) the chair and vice chair shall be selected by agreement
of the majority leader and minority leader of the House of
Representatives and the majority leader and minority leader of
the Senate;
(2) 2 members shall be appointed by the senior member of
the Senate leadership of the Republican Party, 1 of which is a
former member of the Senate;
(3) 2 members shall be appointed by the senior member of
the Senate leadership of the Democratic Party, 1 of which is a
former member of the Senate;
(4) 2 members shall be appointed by the senior member of
the leadership of the House of Representatives of the
Republican Party, 1 of which is a former member of the House of
Representatives; and
(5) 2 members shall be appointed by the senior member of
the leadership of the House of Representatives of the
Democratic Party, 1 of which is a former member of the House of
Representatives.
(b) Qualifications; Initial Meeting.--
(1) Political party affiliation.--Five members of the
Commission shall be Democrats and 5 Republicans.
(2) Nongovernmental appointees.--An individual appointed to
the Commission may not be an officer or employee of the Federal
Government or any State or local government.
(3) Other qualifications.--It is the sense of Congress that
individuals appointed to the Commission should be prominent
United States citizens, with national recognition and
significant depth of experience in professions such as
governmental service, government consulting, government
contracting, the law, higher education, historian, business,
public relations, and fundraising.
(4) Deadline for appointment.--All members of the
Commission shall be appointed on a date 3 months after the date
of enactment of this Act.
(5) Initial meeting.--The Commission shall meet and begin
the operations of the Commission as soon as practicable.
(c) Quorum; Vacancies.--After its initial meeting, the Commission
shall meet upon the call of the chairman or a majority of its members.
Six members of the Commission shall constitute a quorum. Any vacancy in
the Commission shall not affect its powers, but shall be filled in the
same manner in which the original appointment was made.
SEC. 5. FUNCTIONS OF COMMISSION.
The functions of the Commission are to submit to Congress a report
required by this Act containing such findings, conclusions, and
recommendations as the Commission shall determine, including proposing
organization, coordination, planning, management arrangements,
procedures, rules and regulations--
(1) related to section 3; or
(2) related to any other areas the commission unanimously
votes to be relevant to its mandate to recommend reforms to
strengthen ethical safeguards in Congress.
SEC. 6. POWERS OF COMMISSION.
(a) Hearings and Evidence.--The Commission or, on the authority of
the Commission, any subcommittee or member thereof, may, for the
purpose of carrying out this Act--
(1) hold such hearings and sit and act at such times and
places, take such testimony, receive such evidence, administer
such oaths; and
(2) subject to subsection (b), require, by subpoena or
otherwise, the attendance and testimony of such witnesses and
the production of such books, records, correspondence,
memoranda, papers, and documents, as the Commission or such
designated subcommittee or designated member may determine
advisable.
(b) Subpoenas.--
(1) In general.--A subpoena may be issued under this
subsection only--
(A) by the agreement of the chair and the vice
chair; or
(B) by the affirmative vote of 6 members of the
Commission.
(2) Signature.--Subject to paragraph (1), subpoenas issued
under this subsection may be issued under the signature of the
chairman or any member designated by a majority of the
Commission, and may be served by any person designated by the
chairman or by a member designated by a majority of the
Commission.
(c) Obtaining Information.--Upon request of the Commission, the
head of any agency or instrumentality of the Federal Government shall
furnish information deemed necessary by the panel to enable it to carry
out its duties.
SEC. 7. ADMINISTRATION.
(a) Compensation.--Except as provided in subsection (b), members of
the Commission shall receive no additional pay, allowances, or benefits
by reason of their service on the Commission.
(b) Travel Expenses and Per Diem.--Each member of the Commission
shall receive travel expenses and per diem in lieu of subsistence in
accordance with sections 5702 and 5703 of title 5, United States Code.
(c) Staff and Support Services.--
(1) Staff director.--
(A) Appointment.--The Chair (or Co-Chairs) in
accordance with the rules agreed upon by the Commission
shall appoint a staff director for the Commission.
(B) Compensation.--The staff director shall be paid
at a rate not to exceed the rate established for level
V of the Executive Schedule under section 5315 of title
5, United States Code.
(2) Staff.--The Chair (or Co-Chairs) in accordance with the
rules agreed upon by the Commission shall appoint such
additional personnel as the Commission determines to be
necessary.
(3) Applicability of civil service laws.--The staff
director and other members of the staff of the Commission shall
be appointed without regard to the provisions of title 5,
United States Code, governing appointments in the competitive
service, and shall be paid without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates.
(4) Experts and consultants.--With the approval of the
Commission, the staff director may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code.
(d) Physical Facilities.--The Architect of the Capitol, in
consultation with the appropriate entities in the legislative branch,
shall locate and provide suitable office space for the operation of the
Commission on a nonreimbursable basis. The facilities shall serve as
the headquarters of the Commission and shall include all necessary
equipment and incidentals required for the proper functioning of the
Commission.
(e) Administrative Support Services and Other Assistance.--
(1) In general.--Upon the request of the Commission, the
Architect of the Capitol and the Administrator of General
Services shall provide to the Commission on a nonreimbursable
basis such administrative support services as the Commission
may request.
(2) Additional support.--In addition to the assistance set
forth in paragraph (1), departments and agencies of the United
States may provide the Commission such services, funds,
facilities, staff, and other support services as the Commission
may deem advisable and as may be authorized by law.
(f) Use of Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as Federal agencies
and shall, for purposes of the frank, be considered a commission of
Congress as described in section 3215 of title 39, United States Code.
(g) Printing.--For purposes of costs relating to printing and
binding, including the cost of personnel detailed from the Government
Printing Office, the Commission shall be deemed to be a committee of
the Congress.
SEC. 8. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
The appropriate Federal agencies or departments shall cooperate
with the Commission in expeditiously providing to the Commission
members and staff appropriate security clearances to the extent
possible pursuant to existing procedures and requirements, except that
no person shall be provided with access to classified information under
this Act without the appropriate security clearances.
SEC. 9. COMMISSION REPORTS; TERMINATION.
(a) Annual Reports.--The Commission shall submit--
(1) an initial report to Congress not later than July 1,
2006; and
(2) annual reports to Congress after the report required by
paragraph (1);
containing such findings, conclusions, and recommendations for
corrective measures as have been agreed to by a majority of Commission
members.
(b) Administrative Activities.--During the 60-day period beginning
on the date of submission of each annual report and the final report
under this section, the Commission shall--
(1) be available to provide testimony to committees of
Congress concerning such reports; and
(2) take action to appropriately disseminate such reports.
(c) Termination of Commission.--
(1) Final report.--At such time as a majority of the
members of the Commission determines that the reasons for the
establishment of the Commission no longer exist, the Commission
shall submit to Congress a final report containing information
described in subsection (a).
(2) Termination.--The Commission, and all the authorities
of this Act, shall terminate 60 days after the date on which
the final report is submitted under paragraph (1), and the
Commission may use such 60-day period for the purpose of
concluding its activities.
SEC. 10. FUNDING.
There are authorized such sums as necessary to carry out this Act. | Commission to Strengthen Confidence in Congress Act of 2006 - Establishes a Commission to Strengthen Confidence in Congress to evaluate and report to Congress on congressional ethics requirements, and recommend improvements to ethical safeguards. | {"src": "billsum_train", "title": "A bill to establish a commission to strengthen confidence in Congress."} | 2,329 | 48 | 0.531074 | 1.296953 | 1.008183 | 3.194444 | 61.027778 | 0.972222 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Permanent Tax Relief Act of 2010''.
SEC. 2. EGTRRA AND JGTRRA TAX RELIEF MADE PERMANENT.
(a) Economic Growth and Tax Relief Reconciliation Act of 2001.--
Title IX of the Economic Growth and Tax Relief Reconciliation Act of
2001 is hereby repealed.
(b) Income Tax Rates on Dividends and Net Capital Gain.--Section
303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003 is
hereby repealed.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 3. PERMANENT INDIVIDUAL AMT RELIEF.
(a) Modification of Alternative Minimum Tax Exemption Amount.--
(1) In general.--Paragraph (1) of section 55(d) of the
Internal Revenue Code of 1986 (relating to exemption amount) is
amended to read as follows:
``(1) Exemption amount for taxpayers other than
corporations.--In the case of a taxpayer other than a
corporation, the term `exemption amount' means--
``(A) the dollar amount for taxable years beginning
in the calendar year as specified in the table
contained in paragraph (4)(A) in the case of--
``(i) a joint return, or
``(ii) a surviving spouse,
``(B) the dollar amount for taxable years beginning
in the calendar year as specified in the table
contained in paragraph (4)(B) in the case of an
individual who--
``(i) is not a married individual, and
``(ii) is not a surviving spouse,
``(C) 50 percent of the dollar amount applicable
under paragraph (1)(A) in the case of a married
individual who files a separate return, and
``(D) $22,500 in the case of an estate or trust.
For purposes of this paragraph, the term `surviving spouse' has
the meaning given to such term by section 2(a), and marital
status shall be determined under section 7703.''.
(2) Specified exemption amounts.--Section 55(d) of such
Code is amended by adding at the end the following new
paragraph:
``(4) Specified exemption amounts.--
``(A) Taxpayers described in paragraph (1)(A).--For
purposes of paragraph (1))(A)--
------------------------------------------------------------------------
The
``For taxable years beginning in-- exemption
amount is:
------------------------------------------------------------------------
2010....................................................... $72,450
2011....................................................... $74,450
2012....................................................... $78,250
2013....................................................... $81,450
2014....................................................... $85,050
2015....................................................... $88,650
2016....................................................... $92,650
2017....................................................... $96,550
2018....................................................... $100,950
2019....................................................... $105,150
2020....................................................... $109,950.
------------------------------------------------------------------------
``(B) Taxpayers described in paragraph (1)(B).--For
purposes of paragraph (1))(B)--
------------------------------------------------------------------------
The
``For taxable years beginning in-- exemption
amount is:
------------------------------------------------------------------------
2010....................................................... $47,450
2011....................................................... $48,450
2012....................................................... $50,350
2013....................................................... $51,950
2014....................................................... $53,750
2015....................................................... $55,550
2016....................................................... $57,550
2017....................................................... $59,500
2018....................................................... $61,700
2019....................................................... $63,800
2020....................................................... $66,200.''.
------------------------------------------------------------------------
(b) Alternative Minimum Tax Relief for Nonrefundable Credits.--
(1) In general.--Subsection (a) of section 26 of the
Internal Revenue Code of 1986 is amended to read as follows:
``(a) Limitation Based on Amount of Tax.--The aggregate amount of
credits allowed by this subpart for the taxable year shall not exceed
the sum of--
``(1) the taxpayer's regular tax liability for the taxable
year reduced by the foreign tax credit allowable under section
27(a), and
``(2) the tax imposed by section 55(a) for the taxable
year.''.
(2) Conforming amendments.--
(A) Adoption credit.--
(i) Section 23(b) of such Code, as in
effect on December 31, 2009, is amended by
striking paragraph (4).
(ii) Section 23(c) of such Code, as in
effect on December 31, 2009, is amended by
striking paragraphs (1) and (2) and inserting
the following:
``(1) In general.--If the credit allowable under subsection
(a) for any taxable year exceeds the limitation imposed by
section 26(a) for such taxable year reduced by the sum of the
credits allowable under this subpart (other than this section
and sections 25D and 1400C), such excess shall be carried to
the succeeding taxable year and added to the credit allowable
under subsection (a) for such taxable year.''.
(iii) Section 23(c) of such Code, as in
effect on December 31, 2009 amended by
redesignating paragraph (3) as paragraph (2).
(B) Child tax credit.--
(i) Section 24(b) of such Code is amended
by striking paragraph (3).
(ii) Section 24(d)(1) of such Code is
amended--
(I) by striking ``section 26(a)(2)
or subsection (b)(3), as the case may
be,'' each place it appears in
subparagraphs (A) and (B) and inserting
``section 26(a)'', and
(II) by striking ``section 26(a)(2)
or subsection (b)(3), as the case may
be'' in the second last sentence and
inserting ``section 26(a)''.
(C) Credit for interest on certain home
mortgages.--Section 25(e)(1)(C) of such Code is amended
to read as follows:
``(C) Applicable tax limit.--For purposes of this
paragraph, the term `applicable tax limit' means the
limitation imposed by section 26(a) for the taxable
year reduced by the sum of the credits allowable under
this subpart (other than this section and sections 23,
25D, and 1400C).''.
(D) Savers' credit.--Section 25B of such Code is
amended by striking subsection (g).
(E) Residential energy efficient property.--Section
25D(c) of such Code is amended to read as follows:
``(c) Carryforward of Unused Credit.--If the credit allowable under
subsection (a) exceeds the limitation imposed by section 26(a) for such
taxable year reduced by the sum of the credits allowable under this
subpart (other than this section), such excess shall be carried to the
succeeding taxable year and added to the credit allowable under
subsection (a) for such succeeding taxable year.''.
(F) Certain plug-in electric vehicles.--Section
30(c)(2) of such Code is amended to read as follows:
``(2) Personal credit.--For purposes of this title, the
credit allowed under subsection (a) for any taxable year
(determined after application of paragraph (1)) shall be
treated as a credit allowable under subpart A for such taxable
year.''.
(G) Alternative motor vehicle credit.--Section
30B(g)(2) of such Code is amended to read as follows:
``(2) Personal credit.--For purposes of this title, the
credit allowed under subsection (a) for any taxable year
(determined after application of paragraph (1)) shall be
treated as a credit allowable under subpart A for such taxable
year.''.
(H) New qualified plug-in electric vehicle
credit.--Section 30D(c)(2) of such Code is amended to
read as follows:
``(2) Personal credit.--For purposes of this title, the
credit allowed under subsection (a) for any taxable year
(determined after application of paragraph (1)) shall be
treated as a credit allowable under subpart A for such taxable
year.''.
(I) Cross references.--Section 55(c)(3) of such
Code is amended by striking ``26(a), 30C(d)(2),'' and
inserting ``30C(d)(2)''.
(J) Foreign tax credit.--Section 904 of such Code
is amended by striking subsection (i) and by
redesignating subsections (j), (k), and (l) as
subsections (i), (j), and (k), respectively.
(K) First-time home buyer credit for the district
of columbia.--Section 1400C(d) of such Code is amended
to read as follows:
``(d) Carryforward of Unused Credit.--If the credit allowable under
subsection (a) exceeds the limitation imposed by section 26(a) for such
taxable year reduced by the sum of the credits allowable under subpart
A of part IV of subchapter A (other than this section and section 25D),
such excess shall be carried to the succeeding taxable year and added
to the credit allowable under subsection (a) for such taxable year.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009. | Permanent Tax Relief Act of 2010 - Makes permanent: (1) the Economic Growth and Tax Relief Reconciliation Act of 2001; and (2) provisions of the Jobs and Growth Tax Relief Reconciliation Act of 2003 that reduce income tax rates on dividend and capital gains income.
Amends the Internal Revenue Code to: (1) provide for annual increases, between 2010 and 2020, in the amount of the alternative minimum tax (AMT) exemption amount for single and married taxpayers; and (2) allow a permanent offset against the AMT for certain nonrefundable tax credits. | {"src": "billsum_train", "title": "To prevent pending tax increases and to permanently repeal the estate tax."} | 2,261 | 112 | 0.53647 | 1.248376 | 1.06859 | 3.412844 | 16.66055 | 0.844037 |
SECTION 1. CUSTOMS AND TRADE AGENCY AUTHORIZATIONS FOR FISCAL YEARS
1998 AND 1999.
(a) United States Customs Service.--
(1) Authorization of appropriations.--Section 301(b) of the
Customs Procedural Reform and Simplification Act of 1978 (19
U.S.C. 2075(b)) is amended to read as follows:
``(b) Authorization of Appropriations.--
``(1) For noncommercial operations.--There are authorized
to be appropriated for the salaries and expenses of the Customs
Service that are incurred in noncommercial operations not to
exceed the following:
``(A) $668,397,000 for fiscal year 1998.
``(B) $684,018,000 for fiscal year 1999.
``(2) For commercial operations.--(A) There are authorized
to be appropriated for the salaries and expenses of the Customs
Service that are incurred in commercial operations not less
than the following:
``(i) $901,441,000 for fiscal year 1998.
``(ii) $930,447,000 for fiscal year 1999.
``(B) The monies authorized to be appropriated under
subparagraph (A) for any fiscal year, except for such sums as
may be necessary for the salaries and expenses of the Customs
Service that are incurred in connection with the processing of
merchandise that is exempt from the fees imposed under section
13031(a)(9) and (10) of the Consolidated Omnibus Budget
Reconciliation Act of 1985, shall be appropriated from the
Customs User Fee Account.
``(3) For air and marine interdiction.--There are
authorized to be appropriated for the operation (including
salaries and expenses) and maintenance of the air and marine
interdiction programs of the Customs Service not to exceed the
following:
``(A) $95,258,000 for fiscal year 1998.
``(B) $98,226,000 for fiscal year 1999.''.
(2) Submission of out-year budget projections.--Section
301(a) of the Customs Procedural Reform and Simplification Act
of 1978 (19 U.S.C. 2075(a)) is amended by adding at the end the
following:
``(3) By no later than the date on which the President submits to
the Congress the budget of the United States Government for a fiscal
year, the Commissioner of Customs shall submit to the Committee on Ways
and Means of the House of Representatives and the Committee on Finance
of the Senate the projected amount of funds for the succeeding fiscal
year that will be necessary for the operations of the Customs Service
as provided for in subsection (b).''.
(b) Office of the United States Trade Representative.--
(1) Authorization of appropriations.--Section 141(g)(1) of
the Trade Act of 1974 (19 U.S.C. 2171(g)(1)) is amended to read
as follows:
``(g)(1)(A) There are authorized to be appropriated to the Office
for the purposes of carrying out its functions not to exceed the
following:
``(i) $22,092,000 for fiscal year 1998.
``(ii) $24,300,000 for fiscal year 1999.
``(B) Of the amounts authorized to be appropriated under
subparagraph (A) for any fiscal year--
``(i) not to exceed $98,000 may be used for entertainment
and representation expenses of the Office; and
``(ii) not to exceed $2,500,000 shall remain available
until expended.''.
(2) Submission of out-year budget projections.--Section
141(g) of the Trade Act of 1974 is amended by adding at the end
the following:
``(3) By no later than the date on which the President submits to
the Congress the budget of the United States Government for a fiscal
year, the United States Trade Representative shall submit to the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate the projected amount of funds for
the succeeding fiscal year that will be necessary for the Office to
carry out its functions.''.
(c) United States International Trade Commission.--
(1) Authorization of appropriations.--Section 330(e)(2) of
the Tariff Act of 1930 (19 U.S.C. 1330(e)(2)) is amended to
read as follows:
``(2)(A) There are authorized to be appropriated to the Commission
for necessary expenses (including the rental of conference rooms in the
District of Columbia and elsewhere) not to exceed the following:
``(i) $41,980,000 for fiscal year 1998.
``(ii) $46,125,400 for fiscal year 1999.
``(B) Not to exceed $2,500 of the amount authorized to be
appropriated for any fiscal year under subparagraph (A) may be used,
subject to the approval of the Chairman of the Commission, for
reception and entertainment expenses.
``(C) No part of any sum that is appropriated under the authority
of subparagraph (A) may be used by the Commission in the making of any
special study, investigation, or report that is requested by any agency
of the executive branch unless that agency reimburses the Commission
for the cost thereof.''.
(2) Submission of out-year budget projections.--Section
330(e) of the Tariff Act of 1930 is amended by adding at the
end the following:
``(4) By no later than the date on which the President submits to
the Congress the budget of the United States Government for a fiscal
year, the Commission shall submit to the the Committee on Ways and
Means of the House of Representatives and the Committee on Finance of
the Senate the projected amount of funds for the succeeding fiscal year
that will be necessary for the Commission to carry out its
functions.''.
Passed the House of Representatives May 6, 1997.
Attest:
ROBIN H. CARLE,
Clerk. | Amends the Customs Procedural Reform and Simplification Act of 1978 to authorize appropriations for FY 1998 and 1999 for the United States Customs Service for: (1) noncommercial and commercial operations; and (2) the air and marine interdiction programs.
Amends the Trade Act of 1974 to authorize appropriations for FY 1998 and 1999 for the Office of the United States Trade Representative.
Amends the Tariff Act of 1930 to authorize appropriations for FY 1998 and 1999 for the United States International Trade Commission.
Requires such agencies to submit to specified congressional committees a projected budget for the succeeding fiscal year (out-year). | {"src": "billsum_train", "title": "To authorize appropriations for fiscal years 1998 and 1999 for the Customs Service, the Office of the United States Trade Representative, and the International Trade Commission."} | 1,302 | 137 | 0.618636 | 1.638818 | 0.633402 | 2.627119 | 9.779661 | 0.847458 |
SECTION 1. REPEAL OF THE MILITARY SELECTIVE SERVICE ACT.
(a) Repeal.--The Military Selective Service Act (50 U.S.C. App. 451
et seq.) is repealed.
(b) Transfers in Connection With Repeal.--Notwithstanding the
proviso in section 10(a)(4) of the Military Selective Service Act (50
U.S.C. App. 460(a)(4)), the Office of Selective Service Records shall
not be reestablished upon the repeal of such Act. The assets,
contracts, property, and records held by the Selective Service System,
and the unexpended balances of any appropriations available to the
Selective Service System, shall be transferred to the Administrator of
General Services upon the repeal of such Act. The Director of the
Office of Personnel Management shall assist officers and employees of
the Selective Service System to transfer to other positions in the
executive branch.
(c) Conforming Amendments.--
(1) Title 5.--Title 5, United States Code, is amended--
(A) by striking out section 3328;
(B) in section 3551--
(i) by striking out ``, on release from
duty within the time limits specified in
section 9(g) of the Military Selective Service
Act of 1967 (50 U.S.C. App. 459(g)),''; and
(ii) by striking out the second sentence;
and
(C) in section 5102(b), by striking out ``,
including positions'' and all that follows through
``those positions''.
(2) Title 8.--The Immigration and Nationality Act (8 U.S.C.
1101 et seq.) is amended--
(A) in section 101(a)(19) (8 U.S.C. 1101(a)(19))--
(i) by striking out ``section 3(a) of the
Selective Training and Service Act of 1940, as
amended (54 Stat. 885; 55 Stat. 844), or under
section 4(a) of the Selective Service Act of
1948, as amended (62 Stat. 605; 65 Stat. 76) or
under''; and
(ii) by striking ``sections or'';
(B) in section 241(a)(2)(D)(iii) (8 U.S.C.
1251(a)(2)(D)(iii)), by striking out ``the Military
Selective Service Act (50 U.S.C. App. 451 et seq.)
or'';
(C) in section 245(a)(4) (8 U.S.C. 1255a(a)(4))--
(i) by adding ``and'' at the end of
subparagraph (B);
(ii) by striking out ``, and'' at the end
of subparagraph (C) and inserting in lieu
thereof a period; and
(iii) by striking out subparagraph (D); and
(D) in section 315(b) (8 U.S.C. 1426(b)), by
inserting ``former'' before ``Selective Service
System''.
(3) Title 10.--Title 10, United States Code, is amended--
(A) in section 511(b), by striking out ``, and who
is not under orders to report for induction into an
armed force under the Military Selective Service Act
(50 U.S.C. App. 451 et seq.),'';
(B) in section 511(d), by striking out ``and who is
not under orders to report for induction into an armed
force under the Military Selective Service Act (50
U.S.C. App. 451 et seq.), except as provided in section
6(c)(2)(A) (ii) and (iii) of such Act,'';
(C) in section 512(a)--
(i) by striking out ``or under the Military
Selective Service Act (50 U.S.C. App. 451 et
seq.),'' in the first sentence; and
(ii) by striking out ``or under the
Military Selective Service Act (50 U.S.C. App.
451 et seq.)'' in the third sentence;
(D) in section 513--
(i) in subsection (a), by striking out
``(except as provided in subsection (c))''; and
(ii) by striking out subsection (c);
(E) by striking out paragraph (7) of section
523(b);
(F) in section 595(a)--
(i) by striking out ``or under the Military
Selective Service Act (50 U.S.C. App. 451 et
seq.),'' in the first sentence; and
(ii) by striking out ``or under the
Military Selective Service Act (50 U.S.C. App.
451 et seq.)'' in the third sentence;
(G) in section 641(1)--
(i) by inserting ``or'' at the end of
subparagraph (E);
(ii) by striking out subparagraph (F); and
(iii) by redesignating subparagraph
(G) as subparagraph (F);
(H) in section 651(a), by striking out ``, other
than a person deferred under the next to the last
sentence of section 6(d)(1) of the Military Selective
Service Act (50 U.S.C App. 456(d)(1))'';
(I) in section 1007--
(i) by striking out ``who is assigned to
the Selective Service System or'';
(ii) by striking out ``assignment or''; and
(iii) by striking out ``assigned to the
Selective Service System or'' in the section
heading;
(J) in the table of contents at the beginning of
chapter 51, by striking out the item relating to
section 1007 and inserting in lieu thereof the
following new item:
``1007. Commissioned officers: retention in active status while serving
as United States property and fiscal
officers.''; and
(K) in section 1475(a)(5), by striking out ``who--
'' and all that follows through the period and
inserting in lieu thereof ``who has been provisionally
accepted for that duty.''.
(4) Title 22.--Section 23 of the Peace Corps Act (22 U.S.C.
2520) is repealed.
(5) Title 26.--Section 3121(n)(5) of the Internal Revenue
Act of 1986 (26 U.S.C. 3121(n)(5)) is amended by striking out
``service--'' and all that follows through ``or air service;''
and inserting in lieu thereof ``service who has been
provisionally accepted for such duty;''.
(6) Title 28.--Section 631(j) of title 28, United States
Code, is amended--
(A) in the first sentence of paragraph (1), by
striking out ``A magistrate who is inducted'' and all
that follows through ``with such forces'' and inserting
in lieu thereof ``A magistrate who is ordered to active
duty with the Armed Forces of the United States''; and
(B) in paragraph (2), by striking out ``receives a
certificate of service under section 9(a) of the
Military Selective Service Act of 1967 (50 U.S.C. App.
459(a)), or''.
(7) Title 29.--The Job Training Partnership Act (29 U.S.C.
1501 et seq.) is amended--
(A) by striking out section 604 (29 U.S.C. 1504);
and
(B) by striking out subsection (b) of section 426
(29 U.S.C. 1696).
(8) Title 37.--Title 37, United States Code, is amended--
(A) in section 301(a), by striking out the last
sentence; and
(B) in section 308e(1), by striking out ``or under
section 6(d)(1) of the Military Selective Service Act
(50 U.S.C. App. 456(d)(1)'' both places it appears.
(9) Title 38.--Title 38, United States Code, is amended--
(A) in section 2021(a)--
(i) by striking out ``the Military
Selective Service Act (or under any prior or
subsequent corresponding law)'' and inserting
in lieu thereof ``a law providing for such
induction''; and
(ii) by striking out ``a certificate
described in section 9(a) of the Military
Selective Service Act (relating to the
satisfactory completion of military service)''
and inserting in lieu thereof ``a certificate
relating to the satisfactory completion of
military service''; and
(B) in section 2024(a)--
(i) by striking out ``the provisions of the
Military Selective Service Act (or prior or
subsequent''; and
(ii) by striking out ``Armed Forces)'' and
inserting in lieu thereof ``Armed Forces''.
(10) Title 42.--(A) Section 210(m) of the Social Security
Act (42 U.S.C. 410(m)) is amended by striking out ``service--''
and all that follows through ``or air service;'' and inserting
in lieu thereof ``service who has been provisionally accepted
for such duty;''.
(B) Section 1007(b) of the Legal Services Corporation Act
(42 U.S.C. 2996f(b)) is amended by striking out paragraph (10)
and inserting in lieu thereof the following new paragraph:
``(10) to provide legal assistance with respect to any
proceeding or litigation arising out of desertion from the
Armed Forces.''.
(d) Effective Date.--This Act, and the amendments made by this Act,
shall take effect 180 days after the date of the enactment of this Act. | Repeals the Military Selective Service Act.
Bars the reestablishment of the Office of Selective Service Records.
Requires: (1) the transfer to the Administrator of General Services of the assets, property, and records held by, and the unexpended balances of any appropriations available to, the Selective Service System (SSS); and (2) the Director of the Office of Personnel Management to assist SSS officers and employees in transferring to other positions in the executive branch.
Amends the Legal Services Corporation (LSC) Act to bar the use of LSC funds to provide legal assistance with respect to any proceeding or litigation arising out of desertion from the armed forces. | {"src": "billsum_train", "title": "To repeal the Military Selective Service Act."} | 2,317 | 152 | 0.475313 | 1.340631 | 0.722417 | 3.796875 | 14.820313 | 0.890625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``America's Youth Commission Act of
1999''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) American youth, up to 18 years of age, represent the
freest, most educated, most affluent generation this Nation has
known. A majority will graduate from high school, will come
from families in which the parents or guardians are employed
and own property, and will come from a society which has
achieved unparalleled national economic and social opportunity
in a world largely at peace.
(2) The potential for this generation of American youth to
make lasting contributions to freedom's cause is unparalleled.
Yet, despite this favorable domestic and international climate,
some serious flaws have appeared in America's social and
cultural fabric, characterized by destructive behaviors among
some of our youth that are damaging our Nation and the ability
of this generation to achieve its full potential.
(3) While most of America's youth are achieving
academically and developing wholesome constructive pursuits,
youth violence in places like Littleton, Colorado, Springfield,
Oregon, and Jonesboro, Arkansas, and the rash of copycat
incidents, threatened or real, across the Nation has brought to
the fore a troubling lack of respect by some for other
individuals that lies at the heart of a free society.
(4) Across our Nation, school ``pranks'' have in many cases
been destructive to schools and property and reveal a serious
lack of understanding by the perpetrators of the true costs of
their actions.
(5) Equally serious are the consistently high and
personally destructive levels of alcohol and drug use by
American youth, sometimes coupled with gun violence, as well as
increasing levels of teenage suicide and eating disorders, such
as bulimia and anorexia.
(6) Upholding human dignity faces challenges in the media
as well. By the time children in the United States have passed
through the eighth grade, they will have witnessed an average
of 8,000 murders and over 100,000 other acts of violence
through the media. In addition, many video games, music, films,
and Internet websites present material so degrading to human
dignity that they undermine the value of human life and elevate
the bizarre to normal. Some have characterized this as a
``culture of death'' that permeates the consciousness of
American youth.
(7) The structure of family, neighborhoods, work, and
community in the United States has been transformed in the last
30 years as economic growth and mobility have impacted
families' aspirations and livelihoods. The static purchasing
power of families, mergers, and dislocation of production,
higher family mobility and suburbanization, rising levels of
foster children, all have contributed to a more fluid social
structure and less continuity for youth in permanent nurturing
relationships with family and community. The social
consequences of these changes, along with the pervasive
influence of media, demand attention, for developmental
attachments by adults toward youth that characterized previous
generations have become more tenuous in today's society.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the ``National
Commission on the Impact of United States Culture on America's Youth''
(hereinafter in this Act referred to as the ``Commission'').
SEC. 4. DUTY OF COMMISSION.
The Commission shall investigate and make findings and
recommendations with respect to--
(1) the condition and status of contemporary youth in
America compared to prior generations, with particular
attention to family, neighborhood, schools, scholastic
attainment, work, and community involvement;
(2) the nature, origins, and trends of antisocial and
violent behavior among American youth, including--
(A) an analysis of the trends in violent acts in
families, neighborhoods, and schools; and
(B) the influence of organizations, other cultural
elements, and individuals contributing to the
incitement or encouragement of violent behaviors;
(3) identification of successful initiatives that involve
youth in positive development and experiences that curb
antisocial behavior among youth;
(4) recommendations for averting and reducing violence
among American youth; and
(5) recommendations for parents, families, nongovernmental
and private sector organizations and Federal, State, and local
authorities in building positive developmental experiences
among American youth.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 11
members appointed as follows:
(1) Two members appointed by the Speaker of the House of
Representatives.
(2) Two members appointed by the majority Leader of the
Senate.
(3) Two members appointed by the minority Leader of the
House of Representatives.
(4) Two members appointed by the minority Leader of the
Senate.
(5) Three members appointed by the President.
(b) Qualifications.--The members shall--
(1) not be incumbent Members of Congress; and
(2) be specially qualified to serve on the Commission by
reason of education, training, or experience.
(c) Terms.--
(1) In general.--Each member shall be appointed for the
life of the Commission.
(2) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(d) Basic Pay.--Members shall serve without pay.
(e) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with section
5703 of title 5, United States Code.
(f) Quorum.--Seven members of the Commission shall constitute a
quorum, but a lesser number may hold hearings.
(g) Chair.--The Chair of the Commission shall be designated by the
President at the time of the appointment.
SEC. 6. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate. The Commission shall ensure that its hearings and sessions
are open to the public, with significant opportunities for testimony
from members of the general public.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the
Chairperson of the Commission, the head of that department or agency
shall cooperate with the Commission in providing that information.
(d) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
(e) Contract Authority.--The Commission may contract with and
compensate Government or private agencies or persons for supplies or
services, without regard to section 3709 of the Revised Statutes (41
U.S.C. 5).
SEC. 7. REPORT.
(a) Interim Report.--The Commission shall transmit an interim
report to the President and the Congress not later than 180 days after
the date the Commission is duly organized.
(b) Final Report.--The Commission shall transmit a final report to
the President and the Congress not later than one year after the date
the Commission is duly organized. The final report shall contain a
detailed statement of the findings and conclusions of the Commission,
together with its recommendations for legislation.
SEC. 8. TERMINATION.
The Commission shall terminate 30 days after transmitting its final
report pursuant to section 7(b).
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $10,000,000 for fiscal year
2000 to carry out this Act, to remain available until expended.
SEC. 10. 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. | Terminates the Commission 30 days after transmission of its final report to the President and Congress.
Authorizes appropriations (effective only as provided in appropriations Acts). | {"src": "billsum_train", "title": "America's Youth Commission Act of 1999"} | 1,791 | 37 | 0.190171 | 0.517161 | -0.266849 | 2.1 | 56.166667 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Common Sense Nutrition Disclosure
Act of 2015''.
SEC. 2. AMENDING CERTAIN DISCLOSURE REQUIREMENTS FOR RESTAURANTS AND
SIMILAR RETAIL FOOD ESTABLISHMENTS.
(a) In General.--Section 403(q)(5)(H) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 343(q)(5)(H)) is amended--
(1) in subclause (ii)--
(A) in item (I)(aa), by striking ``the number of
calories contained in the standard menu item, as
usually prepared and offered for sale'' and inserting
``the number of calories contained in the whole
standard menu item, or the number of servings (as
reasonably determined by the restaurant or similar
retail food establishment) and number of calories per
serving, or the number of calories per the common unit
division of the standard menu item, such as for a
multiserving item that is typically divided before
presentation to the consumer'';
(B) in item (II)(aa), by striking ``the number of
calories contained in the standard menu item, as
usually prepared and offered for sale'' and inserting
``the number of calories contained in the whole
standard menu item, or the number of servings (as
reasonably determined by the restaurant or similar
retail food establishment) and number of calories per
serving, or the number of calories per the common unit
division of the standard menu item, such as for a
multiserving item that is typically divided before
presentation to the consumer''; and
(C) by adding at the end the following flush text:
``In the case of restaurants or similar retail food
establishments where the majority of orders are placed by
customers who are off-premises at the time such order is
placed, the information required to be disclosed under items
(I) through (IV) may be provided by a remote-access menu (such
as a menu available on the Internet) as the sole method of
disclosure instead of on-premises writings.'';
(2) in subclause (iii)--
(A) by inserting ``either'' after ``a restaurant or
similar retail food establishment shall''; and
(B) by inserting ``or comply with subclause (ii)''
after ``per serving'';
(3) in subclause (iv)--
(A) by striking ``For the purposes of this clause''
and inserting the following:
``(I) In general.--For the purposes of this
clause,'';
(B) by striking ``and other reasonable means'' and
inserting ``or other reasonable means''; and
(C) by adding at the end the following:
``(II) Reasonable basis defined.--For the purposes
of this subclause, with respect to a nutrient
disclosure, the term `reasonable basis' means that the
nutrient disclosure is within acceptable allowances for
variation in nutrient content. Such acceptable
allowances shall include allowances for variation in
serving size, inadvertent human error in formulation or
preparation of menu items, and variations in
ingredients.'';
(4) by amending subclause (v) to read as follows:
``(v) Menu variability and combination meals.--The
Secretary shall establish by regulation standards for
determining and disclosing the nutrient content for standard
menu items that come in different flavors, varieties, or
combinations, but which are listed as a single menu item, such
as soft drinks, ice cream, pizza, doughnuts, or children's
combination meals. Such standards shall allow a restaurant or
similar retail food establishment to choose whether to
determine and disclose such content for the whole standard menu
item, for a serving or common unit division thereof, or for a
serving or common unit division thereof accompanied by the
number of servings or common unit divisions in the whole
standard menu item. Such standards shall allow a restaurant or
similar retail food establishment to determine and disclose
such content by using any of the following methods: ranges,
averages, individual labeling of flavors or components, or
labeling of one preset standard build. In addition to such
methods, the Secretary may allow the use of other methods, to
be determined by the Secretary, for which there is a reasonable
basis (as such term is defined in subclause (iv)(II)).'';
(5) in subclause (x)--
(A) by striking ``Not later than 1 year after the
date of enactment of this clause, the Secretary shall
promulgate proposed regulations to carry out this
clause.'' and inserting ``Not later than 1 year after
the date of enactment of the Common Sense Nutrition
Disclosure Act of 2015, the Secretary shall issue
proposed regulations to carry out this clause, as
amended by such Act. Any final regulations that are
promulgated pursuant to the Common Sense Nutrition
Disclosure Act of 2015, and any final regulations that
were promulgated pursuant to this clause before the
date of enactment of the Common Sense Nutrition
Disclosure Act of 2015, shall not take effect earlier
than 2 years after the promulgation of final
regulations pursuant to the Common Sense Nutrition
Disclosure Act of 2015.''; and
(B) by adding at the end the following:
``(IV) Certifications.--Restaurants
and similar retail food establishments
shall not be required to provide
certifications or similar signed
statements relating to compliance with
the requirements of this clause.'';
(6) by amending subclause (xi) to read as follows:
``(xi) Definitions.--In this clause:
``(I) Menu; menu board.--The term `menu' or `menu
board' means the one listing of items which the
restaurant or similar retail food establishment
reasonably believes to be, and designates as, the
primary listing from which customers make a selection
in placing an order. The ability to order from an
advertisement, coupon, flyer, window display,
packaging, social media, or other similar writing does
not make the writing a menu or menu board.
``(II) Preset standard build.--The term `preset
standard build' means the finished version of a menu
item most commonly ordered by consumers.
``(III) Standard menu item.--The term `standard
menu item' means a food item of the type described in
subclause (i) or (ii) of subparagraph (5)(A) with the
same recipe prepared in substantially the same way with
substantially the same food components that--
``(aa) is routinely included on a menu or
menu board or routinely offered as a self-
service food or food on display at 20 or more
locations doing business under the same name;
and
``(bb) is not a food referenced in
subclause (vii).''; and
(7) by adding at the end the following:
``(xii) Opportunity to correct violations.--Any restaurant
or similar retail food establishment that the Secretary
determines is in violation of this clause shall have 90 days
after receiving notification of the violation to correct the
violation. The Secretary shall take no enforcement action,
including the issuance of any public letter, for violations
that are corrected within such 90-day period.''.
(b) National Uniformity.--Section 403A(b) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 343-1(b)) is amended by striking
``may exempt from subsection (a)'' and inserting ``may exempt from
subsection (a) (other than subsection (a)(4))''.
SEC. 3. LIMITATION ON LIABILITY FOR DAMAGES ARISING FROM NONCOMPLIANCE
WITH NUTRITION LABELING REQUIREMENTS.
Section 403(q)(5)(H) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 343(q)(5)(H)), as amended by section 2, is further amended
by adding at the end the following:
``(xiii) Limitation on liability.--A
restaurant or similar retail food establishment
shall not be liable in any civil action in
Federal or State court (other than an action
brought by the United States or a State) for
any claims arising out of an alleged violation
of--
``(I) this clause; or
``(II) any State law permitted
under section 403A(a)(4).''. | Common Sense Nutrition Disclosure Act of 2015 This bill amends the Federal Food, Drug, and Cosmetic Act to revise the nutritional information that restaurants and retail food establishments must disclose. The nutrient content disclosure statement on the menu or menu board must include: (1) the number of calories contained in the whole menu item; (2) the number of servings and number of calories per serving; or (3) the number of calories per common unit of the item, such as for a multi-serving item that is typically divided before presentation to the consumer. Nutritional information may be provided solely by a remote-access menu (e.g., an Internet menu) for food establishments where the majority of orders are placed by customers who are off-premises. Establishments with self-serve food may comply with the requirements for restaurants or place signs with nutritional information adjacent to each food item. An establishment’s nutrient content disclosures have a “reasonable basis” if they are within acceptable allowances for variation, including variations in serving size or ingredients and inadvertent human error in formulation. Establishments with standard menu items that come in different flavors, varieties, or combinations, that are listed as a single menu item can determine and disclose nutritional information using specified methods or methods allowed by the Food and Drug Administration (FDA). Regulations pursuant to this Act or the clause amended by this Act cannot take effect earlier than two years after final regulations are promulgated pursuant to this Act. The FDA may not exempt states from nutrition labeling requirements. | {"src": "billsum_train", "title": "Common Sense Nutrition Disclosure Act of 2015"} | 1,915 | 342 | 0.664953 | 1.947026 | 0.858626 | 3.281787 | 5.80756 | 0.883162 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Every Child Deserves a Family
Act''.
SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) There is a shortage of qualified individuals willing to
adopt or foster a child in the child welfare system. As a
result, thousands of foster children lack a permanent and safe
home.
(2) In order to open more homes to foster children, child
welfare agencies should work to eliminate sexual orientation,
gender identity, and marital status discrimination and bias in
adoption and foster care recruitment, selection, and placement
procedures.
(3) Of the estimated 500,000 children in the United States
foster care system, over 129,000 cannot return to their
original families and are legally free for adoption.
(A) 51,000 children were adopted in 2007, while
25,000 youth ``aged out'' of the foster care system.
(B) Research shows that youth who ``age out'' of
the foster care system are at a high risk for poverty,
homelessness, incarceration, and early parenthood.
(C) Increasing adoption rates, in addition to
establishing permanency and decreasing risk factors for
foster youth, can yield annual national cost savings
between $3,300,000,000 and $6,300,000,000.
(4) Experts agree that in many States, lesbian, gay,
bisexual and transgender youth experience discrimination,
harassment, and violence in the foster care system because of
their sexual orientation or gender identity.
(5) Approximately 60 percent of homeless lesbian, gay,
bisexual, and transgender youth were previously in foster care.
According to the Urban Justice Center, many of these young
people reported that living on the streets felt ``safer'' than
living in their group or foster home.
(6) According to data taken from the 2000 Census, an
estimated 27 percent of same-sex couples have at least 1 child
under 18 years of age living in the home.
(7) There are approximately 1,000,000 lesbian, gay,
bisexual, and transgender couples throughout the United States
who are raising approximately 2,000,000 children.
(8) As of 2007, gay, lesbian, and bisexual parents were
raising 4 percent of all adopted children and fostering for 3
percent of all foster children. A report from the Evan B.
Donaldson Institute found that an additional 2,000,000 gay,
lesbian, and bisexual individuals are interested in adoption.
(9) According to the Urban Institute, same-sex couples
raising adopted children tend to be older than, just as
educated as, and have access to the same economic resources as
other adoptive parents. Studies confirm that children with
same-sex parents have the same advantages and same expectations
for health, social and psychological adjustment, and
development as children whose parents are heterosexual.
(10) An Evan B. Donaldson Adoption Institute study found
that one-third of child welfare agencies in the United States
currently reject gay, lesbian, and bisexual applicants.
(A) The practice of prohibiting applicants from
becoming foster parents or adopting children solely on
the basis of sexual orientation or marital status has
resulted in reducing the number of qualified adoptive
and foster parents overall and denying gay, lesbian,
bisexual, and unmarried relatives the opportunity to
become foster parents for their own kin, including
grandchildren, or to adopt their own kin, including
grandchildren, from foster care.
(B) Over 14,000 children are currently in
placements with gay, lesbian, and bisexual adoptive and
foster parents. If other States followed the minority
of States and discriminated against qualified
individuals because of their sexual orientation or
marital status, foster care expenditures would increase
between $87,000,000 and $130,000,000 per year in order
to pay for additional institutional and group care, as
well as to recruit and train new foster and adoptive
parents.
(11) Some States allow 1 member of a same-sex couple to
adopt, but do not recognize both members of the couple as the
child's legal parents. Recognition of joint adoption provides
children with the same rights and security that children of
heterosexual parents enjoy. These protections include access to
both parents' health benefits; survivor's, Social Security, and
child support entitlements; legal grounds for either parent to
provide consent for medical care, education, and other
important decisions; as well as the establishment of permanency
for both parents and child.
(12) Professional organizations in the fields of medicine,
psychology, law, and child welfare have taken official
positions in support of the ability of qualified gay, lesbian,
bisexual, and unmarried couples to foster and adopt, as
supported by scientific research showing sexual orientation as
a nondeterminative factor in parental success.
(13) Discrimination against potential foster or adoptive
parents based on sexual orientation, gender identity, or
marital status is not in the best interests of children in the
foster care system.
(b) Purposes.--The purposes of this Act are to decrease the length
of time that children wait for permanency with a loving family and to
promote the best interests of children in the child welfare system by
preventing discrimination in adoption and foster care placements based
on sexual orientation, gender identity, or marital status.
SEC. 3. EVERY CHILD DESERVES A FAMILY.
(a) Activities.--
(1) Prohibition.--An entity that receives Federal
assistance or contracts with an entity that receives Federal
assistance, and is involved in adoption or foster care
placements may not--
(A) deny to any person the opportunity to become an
adoptive or a foster parent on the basis of the sexual
orientation, gender identity, or marital status of the
person, or the sexual orientation or gender identity of
the child involved;
(B) delay or deny the placement of a child for
adoption or into foster care on the basis of the sexual
orientation, gender identity, or marital status of any
prospective adoptive or foster parent, or the sexual
orientation or gender identity of the child; or
(C) require different or additional screenings,
processes, or procedures for adoptive or foster
placement decisions on the basis of the sexual
orientation, gender identity, or marital status of the
prospective adoptive or foster parent, or the sexual
orientation or gender identity of the child involved.
(2) Definition.--In this subsection, the term ``placement
decision'' means the decision to place, or to delay or deny the
placement of, a child in a foster care or an adoptive home, and
includes the decision of the agency or entity involved to seek
the termination of birth parent rights or otherwise make a
child legally available for adoptive placement.
(b) Equitable Relief.--Any individual who is aggrieved by an action
in violation of subsection (a) may bring an action seeking relief in a
United States district court of appropriate jurisdiction.
(c) Federal Guidance.--Not later than 6 months after the date of
the enactment of this Act, the Secretary of Health and Human Services
shall publish guidance to concerned entities with respect to compliance
with this section.
(d) Technical Assistance.--In order to ensure compliance with, and
ensure understanding of the legal, practice, and culture changes
required by, this Act in making foster care and adoption placement
decisions, the Secretary shall provide technical assistance to all
entities covered by this Act, including--
(1) identifying laws and regulations inconsistent with this
Act and providing guidance and training to ensure the laws and
regulations are brought into compliance within the prescribed
period of time;
(2) identifying casework practices and procedures
inconsistent with this Act and providing guidance and training
to ensure the practices and procedures are brought into
compliance within the prescribed period of time;
(3) providing guidance in expansion of recruitment efforts
to ensure consideration of all interested and qualified
prospective adoptive and foster parents regardless of the
sexual orientation, gender identity, or marital status of the
prospective parent;
(4) comprehensive cultural competency training for covered
entities and prospective adoptive and foster parents; and
(5) training judges and attorneys involved in foster care
and adoption cases on the findings and purposes of this Act.
(e) Deadline for Compliance.--
(1) In general.--Except as provided in paragraph (2), an
entity that receives Federal assistance and is involved with
adoption or foster care placements shall comply with this
section not later than 6 months after publication of the
guidance referred to in subsection (c), or 1 year after the
date of the enactment of this Act, whichever occurs first.
(2) Authority to extend deadline.--If a State demonstrates
to the satisfaction of the Secretary of Health and Human
Services that it is necessary to amend State statutory law in
order to change a particular practice that is inconsistent with
this section, the Secretary may extend the compliance date for
the State a reasonable number of days after the close of the
1st State legislative session beginning after the date the
guidance referred to in subsection (c) is published.
(3) Authority to withhold funds.--If a State fails to
comply with this section, the Secretary may withhold payment to
the State of amounts otherwise payable to the State under part
B or E of title IV of the Social Security Act, to the extent
the Secretary deems the withholding necessary to induce the
State into compliance with this section.
(f) GAO Study.--
(1) In general.--Within 5 years after the date of the
enactment of this Act, the Comptroller General of the United
States shall conduct a study to determine whether the States
have substantially complied with this Act, including
specifically whether the States have--
(A) eliminated policies, practices, or statutes
that deny to any otherwise qualified person the
opportunity to become an adoptive or foster parent on
the basis of the sexual orientation, gender identity,
or marital status of the person, or the sexual
orientation or gender identity of the child involved;
(B) removed all program, policy, or statutory
barriers that delay or deny the placement of a child
for adoption or into foster care on the basis of the
sexual orientation, gender identity, or marital status
of any qualified, prospective adoptive or foster
parent, or the sexual orientation or gender identity of
the child; and
(C) eliminated all different or additional
screenings, processes, or procedures for adoptive or
foster placement decisions based on the sexual
orientation, gender identity, or marital status of the
prospective adoptive or foster parent, or the sexual
orientation or gender identity of the child involved.
(2) Report to the congress.--Within 1 year after completing
the study required by paragraph (1), the Comptroller General
shall submit to the Congress a written report that contains the
results of the study. | Every Child Deserves a Family Act - Prohibits an entity that receives federal assistance and is involved in adoption or foster care placements from discriminating against prospective adoptive or foster parents solely on the basis of their sexual orientation, gender identification, or marital status or on the basis of the sexual orientation or gender identity of the child involved.
Requires the Secretary of Health and Human Services (HHS), in order to ensure compliance with, and ensure understanding of the legal, practice, and culture changes required by this Act in making foster care and adoption placement decisions, to provide specified technical assistance to all entities covered by this Act.
Requires a Government Accountability Office study whether states have substantially complied with this Act in eliminating policies, practices, or statutes that deny adoption rights on the basis of these criteria. | {"src": "billsum_train", "title": "To prohibit discrimination in adoption or foster care placements based on the sexual orientation, gender identity, or marital status of any prospective adoptive or foster parent, or the sexual orientation or gender identity of the child involved."} | 2,274 | 179 | 0.487219 | 1.432789 | 0.737876 | 4.675325 | 14.350649 | 0.922078 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Mergers,
Acquisitions, Sales, and Brokerage Simplification Act of 2015''.
SEC. 2. REGISTRATION EXEMPTION FOR MERGER AND ACQUISITION BROKERS.
Section 15(b) of the Securities Exchange Act of 1934 (15 U.S.C.
78o(b)) is amended by adding at the end the following:
``(13) Registration exemption for merger and acquisition
brokers.--
``(A) In general.--Except as provided in
subparagraph (B), an M&A broker shall be exempt from
registration under this section.
``(B) Excluded activities.--An M&A broker is not
exempt from registration under this paragraph if such
broker does any of the following:
``(i) Directly or indirectly, in connection
with the transfer of ownership of an eligible
privately held company, receives, holds,
transmits, or has custody of the funds or
securities to be exchanged by the parties to
the transaction.
``(ii) Engages on behalf of an issuer in a
public offering of any class of securities that
is registered, or is required to be registered,
with the Commission under section 12 or with
respect to which the issuer files, or is
required to file, periodic information,
documents, and reports under subsection (d).
``(C) Rule of construction.--Nothing in this
paragraph shall be construed to limit any other
authority of the Commission to exempt any person, or
any class of persons, from any provision of this title,
or from any provision of any rule or regulation
thereunder.
``(D) Definitions.--In this paragraph:
``(i) Control.--The term `control' means
the power, directly or indirectly, to direct
the management or policies of a company,
whether through ownership of securities, by
contract, or otherwise. There is a presumption
of control for any person who--
``(I) is a director, general
partner, member or manager of a limited
liability company, or officer
exercising executive responsibility (or
has similar status or functions);
``(II) has the right to vote 20
percent or more of a class of voting
securities or the power to sell or
direct the sale of 20 percent or more
of a class of voting securities; or
``(III) in the case of a
partnership or limited liability
company, has the right to receive upon
dissolution, or has contributed, 20
percent or more of the capital.
``(ii) Eligible privately held company.--
The term `eligible privately held company'
means a company that meets both of the
following conditions:
``(I) The company does not have any
class of securities registered, or
required to be registered, with the
Commission under section 12 or with
respect to which the company files, or
is required to file, periodic
information, documents, and reports
under subsection (d).
``(II) In the fiscal year ending
immediately before the fiscal year in
which the services of the M&A broker
are initially engaged with respect to
the securities transaction, the company
meets either or both of the following
conditions (determined in accordance
with the historical financial
accounting records of the company):
``(aa) The earnings of the
company before interest, taxes,
depreciation, and amortization
are less than $25,000,000.
``(bb) The gross revenues
of the company are less than
$250,000,000.
``(iii) M&A broker.--The term `M&A broker'
means a broker, and any person associated with
a broker, engaged in the business of effecting
securities transactions solely in connection
with the transfer of ownership of an eligible
privately held company, regardless of whether
the broker acts on behalf of a seller or buyer,
through the purchase, sale, exchange, issuance,
repurchase, or redemption of, or a business
combination involving, securities or assets of
the eligible privately held company, if the
broker reasonably believes that--
``(I) upon consummation of the
transaction, any person acquiring
securities or assets of the eligible
privately held company, acting alone or
in concert, will control and, directly
or indirectly, will be active in the
management of the eligible privately
held company or the business conducted
with the assets of the eligible
privately held company; and
``(II) if any person is offered
securities in exchange for securities
or assets of the eligible privately
held company, such person will, prior
to becoming legally bound to consummate
the transaction, receive or have
reasonable access to the most recent
year-end balance sheet, income
statement, statement of changes in
financial position, and statement of
owner's equity of the issuer of the
securities offered in exchange, and, if
the financial statements of the issuer
are audited, the related report of the
independent auditor, a balance sheet
dated not more than 120 days before the
date of the offer, and information
pertaining to the management, business,
results of operations for the period
covered by the foregoing financial
statements, and material loss
contingencies of the issuer.
``(E) Inflation adjustment.--
``(i) In general.--On the date that is 5
years after the date of the enactment of the
Small Business Mergers, Acquisitions, Sales,
and Brokerage Simplification Act of 2015, and
every 5 years thereafter, each dollar amount in
subparagraph (D)(ii)(II) shall be adjusted by--
``(I) dividing the annual value of
the Employment Cost Index For Wages and
Salaries, Private Industry Workers (or
any successor index), as published by
the Bureau of Labor Statistics, for the
calendar year preceding the calendar
year in which the adjustment is being
made by the annual value of such index
(or successor) for the calendar year
ending December 31, 2012; and
``(II) multiplying such dollar
amount by the quotient obtained under
subclause (I).
``(ii) Rounding.--Each dollar amount
determined under clause (i) shall be rounded to
the nearest multiple of $100,000.''.
SEC. 3. EFFECTIVE DATE.
This Act and any amendment made by this Act shall take effect on
the date that is 90 days after the date of the enactment of this Act. | . Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2015 (Sec. 2) This bill amends the Securities Exchange Act of 1934 to exempt from its registration requirements certain merger and acquisition brokers and associated persons. A merger and acquisition broker shall not be exempt from registration, however, if the broker: (1) receives, holds, transmits, or has custody of any funds or securities to be exchanged by parties to a transfer of ownership of an eligible privately held company; or (2) engages on behalf of an issuer in a public offering of securities that are either subject to mandatory registration, or with respect to which the issuer must file periodic information, documents, and reports. Nothing in this Act shall be construed to limit any other authority of the Securities and Exchange Commission to exempt any person, or any class of persons, from any provision of this Act, including any related rule or regulation. | {"src": "billsum_train", "title": "Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2015"} | 1,400 | 200 | 0.633475 | 1.911527 | 0.848207 | 3.95082 | 7.273224 | 0.923497 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``New Millennium Classrooms Act''.
SEC. 2. EXPANSION OF DEDUCTION FOR COMPUTER DONATIONS TO SCHOOLS.
(a) Extension of Age of Eligible Computers.--Section
170(e)(6)(B)(ii) of the Internal Revenue Code of 1986 (defining
qualified elementary or secondary educational contribution) is
amended--
(1) by striking ``2 years'' and inserting ``3 years'', and
(2) by inserting ``for the taxpayer's own use'' after
``constructed by the taxpayer''.
(b) Reacquired Computers Eligible for Donation.--
(1) In general.--Section 170(e)(6)(B)(iii) of the Internal
Revenue Code of 1986 (defining qualified elementary or
secondary educational contribution) is amended by inserting ``,
the person from whom the donor reacquires the property,'' after
``the donor''.
(2) Conforming amendment.--Section 170(e)(6)(B)(ii) of such
Code is amended by inserting ``or reaquired'' after
``acquired''.
(c) Effective Date.--The amendments made by this section shall
apply to contributions made in taxable years ending after the date of
the enactment of this Act.
SEC. 3. CREDIT FOR COMPUTER DONATIONS TO SCHOOLS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following:
``SEC. 45D. CREDIT FOR COMPUTER DONATIONS TO SCHOOLS.
``(a) General Rule.--For purposes of section 38, the school
computer donation credit determined under this section is an amount
equal to 30 percent of the qualified elementary or secondary
educational contributions (as defined in section 170(e)(6)(B)) made by
the taxpayer during the taxable year.
``(b) Increased Percentage for Contributions to Schools in
Empowerment Zones, Enterprise Communities, and Indian Reservations.--In
the case of a qualified elementary or secondary educational
contribution (as so defined) to an educational organization or entity
located in an empowerment zone or enterprise community designated under
section 1391 or an Indian reservation (as defined in section
168(j)(6)), subsection (a) shall be applied by substituting `50
percent' for `30 percent'.
``(c) Certain Rules Made Applicable.--For purposes of this section,
rules similar to the rules of paragraphs (1) and (2) of section 41(f)
shall apply.
``(d) Termination.--This section shall not apply to taxable years
beginning on or after the date which is 3 years after the date of the
enactment of the New Millennium Classrooms Act.
(b) Current Year Business Credit Calculation.--Section 38(b) of the
Internal Revenue Code of 1986 (relating to current year business
credit) is amended by striking ``plus'' at the end of paragraph (11),
by striking the period at the end of paragraph (12) and inserting ``,
plus'', and by adding at the end the following:
``(13) the school computer donation credit determined under
section 45D(a).''
(c) Disallowance of Deduction by Amount of Credit.--Section 280C of
the Internal Revenue Code of 1986 (relating to certain expenses for
which credits are allowable) is amended by adding at the end the
following:
``(d) Credit for School Computer Donations.--No deduction shall be
allowed for that portion of the qualified elementary or secondary
educational contributions (as defined in section 170(e)(6)(B)) made
during the taxable year that is equal to the amount of credit
determined for the taxable year under section 45D(a). In the case of a
corporation which is a member of a controlled group of corporations
(within the meaning of section 52(a)) or a trade or business which is
treated as being under common control with other trades or businesses
(within the meaning of section 52(b)), this subsection shall be applied
under rules prescribed by the Secretary similar to the rules applicable
under subsections (a) and (b) of section 52.''
(d) Limitation on Carryback.--Subsection (d) of section 39 of the
Internal Revenue Code of 1986 (relating to carryback and carryforward
of unused credits) is amended by adding at the end the following:
``(9) No carryback of school computer donation credit
before effective date.--No amount of unused business credit
available under section 45D may be carried back to a taxable
year beginning on or before the date of the enactment of this
paragraph.''
(e) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 45C the
following:
``Sec. 45D. Credit for computer donations
to schools.''
(f) Effective Date.--The amendments made by this section shall
apply to contributions made in taxable years beginning after the date
of the enactment of this Act. | New Millennium Classrooms Act - Amends the Internal Revenue Code to: (1) increase from two to three years the age of computer equipment that corporations may donate to tax-exempt schools and for which they may receive a tax deduction; and (2) allow a business tax credit of 30 percent of the value of computer equipment donated to tax-exempt schools. Increases the amount of such credit to 50 percent for contributions to schools in empowerment zones, enterprise communities, and Indian reservations. | {"src": "billsum_train", "title": "New Millennium Classrooms Act"} | 1,222 | 100 | 0.585791 | 1.44334 | 0.813458 | 2.234043 | 10.691489 | 0.744681 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drinking Water Protection Act''.
SEC. 2. ALGAL TOXIN RISK ASSESSMENT AND MANAGEMENT.
(a) In General.--Part E of the Safe Drinking Water Act (42 U.S.C.
300j et seq.) is amended by adding at the end the following:
``SEC. 1459. ALGAL TOXIN RISK ASSESSMENT AND MANAGEMENT.
``(a) Definition of Feasible.--In this section, the term `feasible'
has the meaning given the term in section 1412(b)(4)(D).
``(b) Strategic Plan.--
``(1) Development.--Not later than 90 days after the date
of enactment of this section, the Administrator shall develop
and submit to Congress a strategic plan for assessing and
managing risks associated with algal toxins in drinking water
provided by public water systems.
``(2) Inclusions.--The strategic plan shall include steps
and timelines--
``(A) to evaluate the risk to human health from
drinking water provided by public water systems
contaminated with algal toxins;
``(B) to establish, publish, and update a
comprehensive list of algal toxins that the
Administrator determines may have an adverse effect on
human health when present in drinking water provided by
public water systems, taking into account likely
exposure levels;
``(C) to summarize--
``(i) the known adverse human health
effects of algal toxins included on the list
published under subparagraph (B) when present
in drinking water provided by public water
systems; and
``(ii) factors that cause toxin-producing
cyanobacteria and algae to proliferate and
express toxins;
``(D) with respect to algal toxins included on the
list published under subparagraph (B), to determine
whether--
``(i) to publish health advisories pursuant
to section 1412(b)(1)(F) for such algal toxins
in drinking water provided by public water
systems;
``(ii) to establish guidance regarding
feasible analytical methods to quantify the
presence of algal toxins; and
``(iii) to establish guidance regarding the
frequency of monitoring necessary to determine
if such algal toxins are present in drinking
water provided by public water systems;
``(E) to recommend feasible treatment options,
including procedures, equipment, and source water
protection practices, to mitigate any adverse public
health effects of algal toxins included on the list
published under subparagraph (B); and
``(F) to enter into cooperative agreements with,
and provide technical assistance to, affected States
and public water systems, as identified by the
Administrator, for the purpose of managing risks
associated with algal toxins included on the list
published under subparagraph (B).
``(3) Updates.--The Administrator shall, as appropriate,
update and submit to Congress the strategic plan developed
under paragraph (1).
``(c) Information Coordination.--In carrying out this section, the
Administrator shall--
``(1) identify gaps in the Agency's understanding of algal
toxins, including--
``(A) the human health effects of algal toxins
included on the list published under subsection
(b)(2)(B); and
``(B) methods and means of testing and monitoring
for the presence of harmful algal toxins in source
water of, or drinking water provided by, public water
systems;
``(2) as appropriate, consult with--
``(A) other Federal agencies that--
``(i) examine or analyze cyanobacteria or
algal toxins; or
``(ii) address public health concerns
related to harmful algal blooms;
``(B) States;
``(C) operators of public water systems;
``(D) multinational agencies;
``(E) foreign governments;
``(F) research and academic institutions; and
``(G) companies that provide relevant drinking
water treatment options; and
``(3) assemble and publish information from each Federal
agency that has--
``(A) examined or analyzed cyanobacteria or algal
toxins; or
``(B) addressed public health concerns related to
harmful algal blooms.
``(d) Use of Science.--The Administrator shall carry out this
section in accordance with the requirements described in section
1412(b)(3)(A), as applicable.''.
(b) Report to Congress.--Not later than 90 days after the date of
enactment of this Act, the Comptroller General of the United States
shall prepare and submit to Congress a report that includes--
(1) an inventory of funds--
(A) expended by the United States, for each of
fiscal years 2010 through 2014, to examine or analyze
toxin-producing cyanobacteria and algae or address
public health concerns related to harmful algal blooms;
and
(B) that includes the specific purpose for which
the funds were made available, the law under which the
funds were authorized, and the Federal agency that
received or spent the funds; and
(2) recommended steps to reduce any duplication, and
improve interagency coordination, of such expenditures. | Drinking Water Protection Act This bill amends the Safe Drinking Water Act to direct the Environmental Protection Agency to develop and submit to Congress a strategic plan for assessing and managing risks associated with algal toxins in drinking water provided by public water systems. Cyanobacteria, also known as blue-green algae, have the ability to produce cyanotoxins, or algal toxins. When certain conditions are favorable, algae can rapidly multiply causing blooms, or dense surface scums, that may be toxic. The plan must include steps and time lines to: evaluate the risk to human health from drinking water contaminated with algal toxins; establish, publish, and update a comprehensive list of algal toxins that may have an adverse effect on human health; summarize the known adverse human health effects of algal toxins and the factors that cause toxin-producing cyanobacteria and algae to grow rapidly and make toxins; determine whether to publish health advisories for algal toxins and establish relevant guidance; recommend feasible treatment options; and enter into cooperative agreements with, and provide technical assistance to, affected states and public water systems to manage risks associated with algal toxins. | {"src": "billsum_train", "title": "Drinking Water Protection Act"} | 1,162 | 253 | 0.661289 | 1.770963 | 0.821137 | 3.692661 | 4.825688 | 0.821101 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Build America Act of 2018''.
SEC. 2. NATIONAL INFRASTRUCTURE INVESTMENT PROGRAM.
(a) Establishment.--The Secretary of Transportation shall carry out
a national infrastructure investment program (in this section referred
to as the ``program'') for capital investments in surface
transportation infrastructure in accordance with the requirements of
this section.
(b) Discretionary Grants.--The Secretary shall distribute funds
made available to carry out the program as discretionary grants to be
awarded to a State, local government, or transit agency, or a
collaboration among such entities, on a competitive basis for projects
that will have a significant impact on the Nation, a metropolitan area,
or a region.
(c) Eligible Projects.--Projects that are eligible for funding
under the program include, at a minimum, the following:
(1) Highway and bridge projects eligible under title 23,
United States Code.
(2) Public transportation projects eligible under chapter
53 of title 49, United States Code.
(3) Passenger and freight rail transportation projects.
(4) Port infrastructure investments (including inland port
infrastructure and land ports of entry).
(d) TIFIA.--The Secretary may use up to 20 percent of the funds
made available to carry out the program for a fiscal year for the
purpose of paying the subsidy and administrative costs of projects
eligible for Federal credit assistance under chapter 6 of title 23,
United States Code, if the Secretary finds that such use of the funds
would advance the purposes of the program.
(e) Distribution of Funds.--In distributing funds provided under
the program, the Secretary shall take measures to ensure--
(1) an equitable geographic distribution of funds;
(2) an appropriate balance in addressing the needs of urban
and rural areas; and
(3) investment in a variety of transportation modes.
(f) Fair Consideration.--The Secretary shall ensure that--
(1) eligible projects receive fair consideration under the
program; and
(2) funds made available to carry out the program are used
to provide funding for eligible projects to the maximum extent
practicable.
(g) Grant Amounts.--A grant funded under the program shall be not
less than $5,000,000 and not greater than $45,000,000.
(h) Awards in Single State.--Not more than 10 percent of the funds
made available under the program for a fiscal year may be awarded to
projects in a single State.
(i) Federal Share.--The Federal share of the costs for which an
expenditure is made under the program shall be, at the option of the
recipient, up to 80 percent.
(j) Priority Projects.--In carrying out the program, the Secretary
shall give priority to projects that require a contribution of Federal
funds in order to complete an overall financing package.
(k) Rural Areas.--
(1) Set aside.--Not less than 20 percent of the funds
provided under the program for a fiscal year shall be for
projects located in rural areas (as defined in section 101(a)
of title 23, United States Code).
(2) Grant amounts; federal share.--For projects located in
rural areas--
(A) the minimum grant size under the program shall
be $1,000,000; and
(B) the Secretary may increase the Federal share of
costs above 80 percent.
(l) Wage Rate Requirements.--Projects conducted using funds
provided under the program must comply with the requirements of
subchapter IV of chapter 31 of title 40, United States Code.
(m) Annual Competitions.--For each fiscal year, the Secretary shall
conduct a new competition to select projects for grants and credit
assistance awarded under the program.
(n) Administrative Expenses.--To fund the award and oversight of
grants and credit assistance made under the program, the Secretary
may--
(1) retain up to $25,000,000 of the funds provided to carry
out the program for a fiscal year; and
(2) transfer portions of those funds to the Administrators
of the Federal Highway Administration, the Federal Transit
Administration, the Federal Railroad Administration, and the
Maritime Administration.
(o) Period for Obligation of Funds.--
(1) In general.--Funds made available for a fiscal year to
carry out the program shall remain available to the Secretary
for obligation under the program for a period of 3 years after
the last day of the fiscal year for which the funds are
authorized.
(2) Transfer of unobligated funds.--Any amounts made
available to carry out the program that remain unobligated at
the end of the 3-year period referred to in paragraph (1) shall
be transferred to the Highway Trust Fund.
(p) Funding.--There shall be available, without further
appropriation, from the National Infrastructure Investment Trust Fund
for expenditure by the Secretary to carry out the program
$3,000,000,000 for each fiscal year.
SEC. 3. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.
(a) Funding.--There shall be available from the Fixed Guideway
Capital Investment Trust Fund, without further appropriation, for
expenditure by the Secretary of Transportation to carry out section
5309 of title 49, United States Code, $9,000,000,000 for each fiscal
year.
(b) Administrative Expenses.--Of the amounts made available for a
fiscal year under subsection (a) to carry out section 5309 of title 49,
United States Code, the Secretary may retain not more than 1 percent of
the total funds made available to carry out such section to administer
the award and oversee grants made under the program.
(c) Period for Obligation of Funds.--
(1) In general.--Funds made available for a fiscal year
under subsection (a) to carry out section 5309 of title 49,
United States Code, shall remain available to the Secretary for
obligation under that section for a period of 4 years after the
last day of the fiscal year for which the funds are authorized.
(2) Transfer of unobligated funds.--Any amounts made
available under subsection (a) to carry out section 5309 of
title 49, United States Code, that remain unobligated at the
end of the 4-year period referred to in paragraph (1) shall be
deposited in the Highway Trust Fund.
SEC. 4. ESTABLISHMENT OF TRUST FUNDS.
(a) In General.--Subchapter A of chapter 28 of the Internal Revenue
Code of 1986 (relating to the trust fund code) is amended by adding at
the end thereof the following:
``SEC. 9512. NATIONAL INFRASTRUCTURE INVESTMENT 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 `National
Infrastructure Investment Trust Fund', consisting of such amounts as
may be appropriated or credited to the National Infrastructure
Investment Trust Fund as provided in this section or section 9602(b).
``(b) Transfer to National Infrastructure Investment Trust Fund of
Amounts Equivalent to Certain Taxes.--There are hereby appropriated to
the National Infrastructure Investment Trust Fund amounts equivalent to
the portion of the taxes received in the Treasury under subsections
(a)(1) and (b) of section 5701 that are attributable to the increase in
tax imposed by such subsections by reason of the amendments made by
section 5 of the Build America Act of 2018.
``(c) Expenditures From National Infrastructure Investment Trust
Fund.--Amounts in the National Infrastructure Investment Trust Fund
shall be available, without further appropriation, to the Secretary of
Transportation for making expenditures under the national
infrastructure investment program authorized by section 2 of the Build
America Act of 2018.
``SEC. 9513. FIXED GUIDEWAY CAPITAL INVESTMENT 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 `Fixed Guideway
Capital Investment Trust Fund', consisting of such amounts as may be
appropriated or credited to the Fixed Guideway Capital Investment Trust
Fund as provided in this section or section 9602(b).
``(b) Transfer to Fixed Guideway Capital Investment Trust Fund of
Amounts Equivalent to Certain Taxes.--There are hereby appropriated to
the Fixed Guideway Capital Investment Trust Fund amounts equivalent to
25 percent of the portion of the taxes received in the Treasury under
the rates described in clauses (i) and (iii) of section 4081(a)(2)(A),
and section 4081(a)(2)(D), but only to the extent such amounts are
attributable to the increase in rates under such clauses, and such
section, by reason of the amendments made by section 6 of the Build
America Act of 2018. For purposes of the preceding sentence, taxes
received under section 4041 and 4081 shall be determined without
reduction for credits under section 6426.
``(c) Expenditures From Fixed Guideway Capital Investment Trust
Fund.--Amounts in the Fixed Guideway Capital Investment Trust Fund
shall be available, without further appropriation, to the Secretary of
Transportation for making expenditures after October 1, 2019, under
section 5309 of title 49, United States Code, pursuant to the
authorization in section 3 of the Build America Act of 2018.''.
(b) Clerical Amendment.--The table of sections for subchapter A of
chapter 98 of the Internal Revenue Code of 1986 is amended by adding at
the end thereof the following new items:
``Sec. 9512. National Infrastructure Investment Trust Fund.
``Sec. 9513. Fixed Guideway Capital Investment Trust Fund.''.
SEC. 5. INCREASE IN TAX ON CIGARETTES AND SMALL CIGARS.
(a) Small Cigars.--Section 5701(a)(1) of the Internal Revenue Code
of 1986 is amended by striking ``$50.33 per thousand'' and inserting
``$75.30 per thousand''.
(b) Cigarettes.--Section 5701(b) of such Code is amended--
(1) by striking ``$50.33 per thousand'' in paragraph (1)
and inserting ``$75.30 per thousand''; and
(2) by striking ``$105.69 per thousand'' in paragraph (2)
and inserting ``$130.69 per thousand''.
SEC. 6. INCREASE IN TAX ON MOTOR FUELS.
(a) Gasoline Other Than Aviation Gasoline.--Section
4081(a)(2)(A)(i) of the Internal Revenue Code of 1986 is amended by
striking ``18.3 cents'' and inserting ``53.3 cents''.
(b) Diesel Fuel or Kerosene.--Section 4081(a)(2)(A)(iii) of such
Code is amended by striking ``24.3 cents'' and inserting ``59.3
cents''.
(c) Increase for Inflation.--Section 4081(a)(2) of such Code is
amended by adding at the end the following new subparagraph:
``(E) Adjustment for inflation.--In the case of any
calendar year beginning after 2018, the rates of tax
contained in clauses (i) and (iii) of subparagraph (A)
shall each be increased by an amount equal to--
``(i) such rate, multiplied by
``(ii) the cost of living adjustment
determined under section 1(f)(3) for the
calendar year, determined by substituting
`calendar year 2016' for `calendar year 1992'
in subparagraph (B) thereof.
Any increase under the preceding sentence shall be
rounded to the nearest 0.1 cents.''.
(d) Diesel-Water Fuel Emulsion.--Section 4081(a)(2)(D) of such Code
is amended by striking ``substituting `19.7 cents' for `24.3 cents'.''
and inserting ``substituting a rate equal to 81 percent of the rate in
effect for the calendar year under such subparagraph.''.
(e) Effective Date.--The amendments made by this section shall
apply to fuels removed, entered, or sold after October 1, 2018.
SEC. 7. HIGHWAY TRUST FUND.
(a) Coordination With Fixed Guideway Capital Investment Trust
Fund.--Section 9503(b)(4) of the Internal Revenue Code of 1986 is
amended by striking ``or'' at the end of subparagraph (C), by striking
the period at the end of subparagraph (D) and inserting ``, or'', and
by adding at the end the following new subparagraph:
``(E) clauses (i) and (iii) of section
4081(a)(2)(A), and section 4081(a)(2)(D), but only to
the extent of amounts equivalent to the portion of such
taxes as are appropriated to the Fixed Guideway Capital
Investment Trust Fund under section 9513(b).''.
(b) Mass Transit Portion Adjusted.--Section 9503(e)(2)(A) of such
Code is amended by striking ``2.86 cents'' and inserting ``6.25
cents''.
(c) Transfer of Unobligated National Infrastructure Investment and
Fixed Guideway Capital Investment Amounts.--Section 9503(f) of the
Internal Revenue Code of 1986 is amended by redesignating paragraph
(10) as paragraph (11) and by inserting after paragraph (9) the
following new paragraph:
``(10) Further transfers to trust fund.--
``(A) In general.--There is hereby appropriated to
the Highway Trust Fund amounts to be transferred to the
Trust Fund pursuant to sections 2(o) and 3(c)(2) of the
Build America Act of 2018.
``(B) Transfer of portion to mass transit
account.--From such amounts, the Secretary shall
transfer to the Mass Transit Account so much as bears
the same ratio to such amount as the mass transit
portion (as defined in subsection (e)(2)) bears to all
taxes imposed with respect to fuel by sections 4041 and
4081 and otherwise deposited into the Highway Trust
Fund.''. | Build America Act of 2018 This bill directs the Department of Transportation (DOT) to carry out a national infrastructure investment grant program for capital investments in surface transportation infrastructure. Projects eligible for funding under the program include, at a minimum, highway and bridge projects, public transportation projects, passenger and freight rail transportation projects, and port infrastructure investments. In distributing grants under the program, DOT shall ensure an equitable geographic distribution of funds, an appropriate balance in addressing the needs of urban and rural areas, and investment in a variety of transportation modes. At least 20% of grant funds must be set aside for projects in rural areas. The bill amends the Internal Revenue Code to: (1) establish a National Infrastructure Investment Trust Fund and a Fixed Guideway Capital Investment Trust Fund, and (2) increase the tax on small cigars and cigarettes and on gasoline other than aviation gasoline and on diesel fuel or kerosene. | {"src": "billsum_train", "title": "Build America Act of 2018"} | 3,146 | 189 | 0.56665 | 1.518121 | 0.972079 | 3.606742 | 15.162921 | 0.921348 |
SECTION 1. PAYMENT FOR CERTAIN UNUSED SICK LEAVE.
(a) In General.--Chapter 55 of title 5, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER X--PAYMENT FOR CERTAIN UNUSED SICK LEAVE
``Sec. 5597a. Definitions
``For purposes of this subchapter--
``(1) the term `covered retirement system' means the
Federal Employees' Retirement System and the Foreign Service
Pension System; and
``(2) the term `employee' means an employee as defined by
section 2105 and an officer or employee of the United States
Postal Service or of the Postal Regulatory Commission, but does
not include a Congressional employee as defined by section
2107.
``Sec. 5597b. Lump-sum payment for certain unused sick leave
``(a) In General.--Any qualified employee who is separated from the
service or is transferred to a position which is not subject to a
covered retirement system shall be eligible to receive a lump-sum
payment under this section.
``(b) Qualified Employee.--For purposes of this section, the term
`qualified employee' means an employee who, immediately before such
employee's separation or transfer (as described in subsection (a))--
``(1) is subject to a covered retirement system; and
``(2) satisfies the age and service requirements for
immediate or early retirement under such system.
``(c) Amount Payable.--
``(1) In general.--A lump-sum payment under this section
shall be equal to the amount of basic pay (including locality
pay) the employee would have received, for such employee's
period of compensable sick leave, if such employee had remained
in the service or not transferred until the end of such period.
``(2) Period of compensable sick leave.--For purposes of
this section, the term `period of compensable sick leave' means
a period equal in duration to 15 percent of the amount (rounded
to the nearest whole number of hours) by which the total number
of hours of accumulated and current accrued sick leave standing
to the employee's credit (as of the time of separation or
transfer) under a formal leave system, exceeds 500 hours.
``(3) Limitations.--In no event shall--
``(A) any payment under this section exceed
$10,000; or
``(B) any hours of sick leave be taken into account
under paragraph (2)(A) which are creditable in the
computation of any other compensation or benefit
provided for under any other statute.
``(d) Conditions for and Effect of Receiving a Payment.--A payment
under this section--
``(1) shall be payable by the agency from which the
employee was separated or transferred, but only upon
application made in accordance with applicable regulations
under section 5597c;
``(2) terminates all rights of the employee with respect to
the hours of leave described in subsection (c)(2)(A) (and not
excluded by subsection (c)(3)(B)); and
``(3) terminates any right of the employee to receive any
other payment under this section, including with respect to any
sick leave subsequently accruing.
``(e) Application by a Survivor.--An application under this section
may also be made by any person who, by virtue of subchapter VIII, is
entitled to receive any payment which (but for subsection (d)(1)) would
otherwise be due a deceased employee under this section.
``(f) Additional Rules.--A lump-sum payment under this section
shall be considered pay for taxation purposes only. The period of
compensable sick leave used in calculating any such payment shall not
be extended due to any holiday occurring after the employee's
separation or transfer.
``Sec. 5597c. Regulations
``Any regulations necessary for the administration of this
subchapter shall be prescribed by the appropriate authority. For
purposes of the preceding sentence, the `appropriate authority' is--
``(1) if the separation or transfer is from a position in
the executive branch, the Director of the Office of Personnel
Management;
``(2) if the separation or transfer is from a position in
the judicial branch, the Director of the Administrative Office
of the United States Courts; and
``(3) if the separation or transfer is from a position in
the legislative branch, the head of the office, agency, or
other establishment from which such separation or transfer
occurs.''.
(b) Settlement of Accounts.--Section 5581(2) of title 5, United
States Code, is amended--
(1) by redesignating subparagraph (I) as subparagraph (J);
(2) in subparagraph (H), by striking ``and'' after the
semicolon; and
(3) by inserting after subparagraph (H) the following:
``(I) payment for compensable sick leave under
section 5597b; and''.
(c) Clerical Amendment.--The analysis for chapter 55 of title 5,
United States Code, is amended by adding at the end the following:
``subchapter x--payment for certain unused sick leave
``5597a. Definitions.
``5597b. Lump-sum payment for certain unused sick leave.
``5597c. Regulations.''. | Entitles federal employees who satisfy age and service requirements for immediate or early retirement under the Federal Employees' Retirement System or the Foreign Service Pension System and who are separated from service or transferred to a position not subject to either of those retirement systems to a lump-sum payment for 15% of the amount of their accumulated sick leave exceeding 500 hours.
Prohibits such a payment from exceeding $10,000. Excludes hours of sick leave that are creditable in the computation of any other compensation or benefit. | {"src": "billsum_train", "title": "To amend title 5, United States Code, to provide for a lump-sum payment for certain Federal employees who retire with a substantial amount of unused sick leave for which they would not otherwise receive any compensation or benefit, and for other purposes."} | 1,196 | 106 | 0.572089 | 1.527314 | 0.788477 | 2.936842 | 11.442105 | 0.873684 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Assistance Act of 2000''.
SEC. 2. FINDINGS.
Congress finds that--
(1) small communities are concerned about improving the
environmental quality of their surroundings;
(2) many small communities are uncertain of the specific
requirements of environmental regulations;
(3) the involvement of small communities in the development
of Federal environmental regulations often occurs late, if at
all, in the rulemaking process;
(4) small communities are often underrepresented in
processes used to review regulations proposed by the
Environmental Protection Agency;
(5) the limited scientific, technical, and professional
capacity of many small communities makes understanding
regulatory requirements very difficult;
(6) specific provisions in certain environmental laws pose
compliance problems for small communities; and
(7) the Small Town Environmental Planning Task Force,
established by section 109 of the Federal Facility Compliance
Act of 1992 (42 U.S.C. 6908) to examine the relationship
between the Environmental Protection Agency and small
communities, recommends additional efforts to improve the
services offered by the Environmental Protection Agency to
small communities.
SEC. 3. PURPOSE.
The purpose of this Act is to foster a healthy environment in which
people in small communities may enjoy a sustainable and continually
improving quality of life.
SEC. 4. 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 small community advisory committee established under
section 5.
(3) Agency.--The term ``Agency'' means the Environmental
Protection Agency.
(4) Small community.--The term ``small community'' means a
county, parish, borough, or incorporated or unincorporated
municipality with a population of fewer than 7,500 persons.
SEC. 5. SMALL COMMUNITY ADVISORY COMMITTEE.
(a) Establishment.--The Administrator shall establish a small
community advisory committee or reconstitute an existing small
community advisory committee.
(b) Membership.--The advisory committee shall be composed of
representatives of--
(1) small communities and unincorporated areas of the
United States, including at least 1 small community member from
each of the 10 Agency regions;
(2) Federal and State governmental agencies; and
(3) public interest groups.
(c) Duties.--The advisory committee shall--
(1) identify means to improve the working relationship
between the Agency and small communities;
(2) serve as a mechanism for involving small communities as
early as practicable in the process of developing environmental
regulations, guidance, and policies;
(3) provide periodic reports to Congress on the Agency's
success in meeting the needs of small communities; and
(4) provide such other assistance to the Administrator as
the Administrator considers appropriate.
SEC. 6. REGULATORY REVIEW PLAN.
The Administrator shall develop and implement a plan to increase
the involvement of small communities in the regulatory review processes
conducted under chapter 6 of title 5, United States Code (commonly
known as the ``Regulatory Flexibility Act of 1980''), the Small
Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104-
121; 5 U.S.C. 601 note), and title II of the Unfunded Mandates Reform
Act of 1995 (2 U.S.C. 1531 et seq.).
SEC. 7. REGIONAL OUTREACH TO SMALL COMMUNITIES.
(a) Small Town Ombudsman Office.--
(1) Establishment.--To complement work on small communities
at Agency headquarters, each regional office of the Agency
shall establish and staff a Small Town Ombudsman Office.
(2) Duties.--The primary responsibility of each regional
Small Town Ombudsman Office shall be to serve as--
(A) an advocate for small communities; and
(B) a facilitator for addressing small community
concerns and programs.
(3) Resources.--Using funds that are otherwise available to
the Agency, the Administrator shall provide the regional Small
Town Ombudsman Offices with such human and capital resources as
are sufficient for the offices to carry out their functions in
a timely and efficient manner.
(b) Consultation Process.--Each regional Small Town Ombudsman
Office shall establish a regular, on-going consultation process with
small communities in the region, such as by use of a focus group,
stakeholder network, or advisory board, to--
(1) serve as a mechanism for involving small communities in
the process of implementing, creating, and informing the public
about environmental regulations, guidance, and policies; and
(2) provide such other assistance as the regional office
considers appropriate.
SEC. 8. SURVEY OF SMALL COMMUNITIES.
(a) In General.--Every 5 years, the Small Town Ombudsman Office
shall--
(1) conduct a survey of small communities; and
(2) publish the results of the survey.
(b) Purpose.--The purpose of the survey shall be to provide
information to the Agency and others for use in regulatory planning,
development, and outreach.
(c) Information.--The survey shall collect information on--
(1) information sources used by small communities to learn
of and implement environmental regulations;
(2) the presence of facilities and activities affecting
environmental quality in small communities;
(3) the financial instruments used by small communities to
fund the costs of environmentally related services;
(4) persons in small communities that may be contacted for
information on environmental compliance;
(5) specific topic areas of regulation particularly
relevant to small communities;
(6) innovative examples of how small communities have
complied with national, State, and local environmental
regulations in order to protect environmental and public
health; and
(7) any other topic that the Administrator considers
appropriate.
SEC. 9. GUIDE FOR SMALL COMMUNITIES.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Administrator shall produce and distribute
to small communities a guide to Federal environmental requirements for
small communities.
(b) Contents.--The guide shall--
(1) describe all mandated environmental requirements
applicable to small communities; and
(2) provide Federal, regional, and State contacts for all
such environmental requirements.
(c) Updating.--Not less frequently than annually, the Administrator
shall--
(1) review and update any parts of the guide that pertain
to requirements that have changed; and
(2) distribute guide amendments to small communities.
SEC. 10. FEEDBACK PLAN.
The Administrator shall develop and implement a plan for
periodically obtaining feedback from small communities on the
effectiveness of the Agency in--
(1) involving small communities in regulatory development
and implementation; and
(2) reaching out to small communities to provide
educational and other assistance.
SEC. 11. NO IMPOSITION OF COSTS ON SMALL COMMUNITIES.
The Administrator shall not impose on any small community any cost
incurred in carrying out this Act.
SEC. 12. REPORT.
Not later than the date that is 2 years after the date of enactment
of this Act, the Administrator shall submit to Congress a report
describing the regulatory review plan developed under section 6, the
feedback plan developed under section 10, and other activities
conducted in carrying out this Act.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$5,000,000. | Directs the Administrator to develop and implement a plan to increase the involvement of small communities in the regulatory review processes conducted under the Regulatory Flexibility Act of 1980, the Small Business Regulatory Enforcement Fairness Act of 1996, and title II of the Unfunded Mandates Reform Act of 1995.
Directs each EPA regional office to establish a Small Town Ombudsman Office to serve as an advocate for small communities and a facilitator for addressing small community concerns and programs. Requires the Offices to establish a regular, ongoing consultation process with small communities to involve them in the process of implementing, creating, and informing the public about environmental regulations, guidance, and policies and provide other appropriate assistance.
Directs the Offices to survey small communities every five years to provide information for use in regulatory planning, development, and outreach.
Requires the Administrator to distribute to small communities a guide to Federal environmental requirements for small communities.
Directs the Administrator to implement a plan for periodically obtaining feedback from small communities on the effectiveness of EPA in involving such communities in regulatory development and implementation and reaching out to such communities to provide educational and other assistance.
Authorizes appropriations. | {"src": "billsum_train", "title": "Community Assistance Act of 2000"} | 1,589 | 251 | 0.581859 | 1.598267 | 0.81831 | 4.56682 | 6.884793 | 0.935484 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Link Act of 2013''.
SEC. 2. ESTABLISHMENT OF MEDICARE LINK PROGRAM.
(a) In General.--Title XVIII of the Social Security Act is amended
by adding after section 1899A (42 U.S.C. 1395kkk) the following new
section:
``medicare link program option
``Sec. 1899B. (a) In General.--The Secretary shall establish under
this section a program (to be known as the `Medicare Link Program' and
in this section referred to as the `Program') through which individuals
who are entitled to enroll in a Medicare Advantage plan under part C
but who are not enrolled in such a plan under such part are eligible to
enroll with a Medicare Link contractor under this section.
``(b) Enrollment; Disenrollment.--The Secretary shall establish a
process for the enrollment (and disenrollment) of eligible individuals
with Medicare Link contractors under the Program which process shall
be, to the maximum extent practicable, the same as (and coordinated
with) the process for enrollment (and disenrollment) of individuals in
Medicare Advantage plans under part C.
``(c) Qualification of Contractors; Awarding of Contracts.--
``(1) In general.--In this section, the term `Medicare Link
contractor' means a nongovernmental entity, that may be a
Medicare Advantage organization, health plan, health insurance
issuer, medicare administrative contractor, or other qualified
third-party entity, that has entered into a contract with the
Secretary with respect to one or more Medicare Link regions (as
specified by the Secretary under paragraph (3)) for the
offering of Medicare Link services (described in subsection
(d)) to individuals residing in the region who enroll with the
contractor under the Program.
``(2) Limitation; requirements.--For each such Medicare
Link region, the Secretary shall select (and contract with) at
least 1, and not more than 3, Medicare Link contractors for the
offering of plans (in this section referred to as `Medicare
Link plans') under this section. The Secretary shall seek to
contract with at least 2 Medicare Link contractors within each
Medicare Link region. A contract with a Medicare Link
contractor may cover a multi-year period.
``(3) Specification of medicare link regions.--The
Secretary shall define and specify Medicare Link regions (each
in this section referred to as a `Medicare Link region') that,
across all such regions, encompass all 50 States, the District
of Columbia, and the territories.
``(4) Qualification of contractors.--The Secretary shall
establish uniform qualifications for Medicare Link contractors
based on their experience and qualifications to offer Medicare
Link plans under this section and to provide additional
services to individuals enrolled under such plans under this
section and to provide for reduced expenditures under parts A
and B. Contracts with Medicare Link contractors under this
section shall be for periods similar to the contracts with MA
organizations under part C and shall contain such terms and
conditions as the Secretary shall specify.
``(5) Contracting authority.--Nothing in this section shall
be construed as preventing a Medicare Link contractor from
contracting with other entities in carrying out activities
under this section, including the offering of Medicare Link
plans under this section.
``(6) Bidding process.--In selecting Medicare Link
contractors, the Secretary shall establish a bidding process
similar to the process of bidding by medicare administrative
contractors under section 1874A.
``(7) Contractor payments.--Medicare Link contractors with
contracts under this section shall be paid, on a monthly basis,
a per enrollee monthly service fee for the provision of
services under the contract consistent with the provisions of
paragraph (8). A portion of such fee (not to exceed 5 percent)
may be subject to adjustment based on a contractor's
performance on financial and quality benchmarks based upon pre-
established measures specified by the Secretary.
``(8) Requirement for federal savings under contract.--
``(A) In general.--Before entering into or renewing
a contract with a Medicare Link contractor, the
Secretary must determine (and the Chief Actuary of the
Centers for Medicare & Medicaid Services must certify)
that the terms of the contract are expected to yield
average, net savings to the Medicare program under this
title of not less than 5 percent per program enrollee
in the Medicare Link region covered under the contract.
``(B) Computation.--Such savings shall be computed
taking into account all effects on spending under this
title, including any reductions in premiums and cost
sharing or other incentives for enrollees under
subsection (d), payments to Medicare Link contractors
under the contract, and reductions in payments to
medicare administrative contractors that would
otherwise have been made under section 1874A.
``(C) Payments based on shared savings, adjusted
for quality.--The contract shall be structured in a
manner so that--
``(i) subject to clause (ii), the payments
to the contractor under paragraph (7) are
computed to represent a proportion (as
specified in the contract) of the net savings
in excess of the minimum savings required under
subparagraph (A); and
``(ii) such proportion may be increased
under the contract based on a contractor's
performance on quality benchmarks, based upon
pre-established measures specified by the
Secretary.
``(D) Guaranteed federal savings.--If the Secretary
determines that a Medicare Link contractor, after a
period of three consecutive years, does not maintain an
average net savings to the Medicare program of at least
5 percent per program enrollee as required under
subparagraph (A), the Medicare Link contractor shall
remit to the Secretary a sum specified by the Secretary
and related to the amount of the shortfall.
``(9) Savings validation audit.--The Secretary shall
provide for the annual auditing of the financial records
(including data relating to Medicare utilization and costs) of
organizations offering Medicare Link plans under this section
``(10) GAO audit.--Every 3 years the Comptroller General of
the United States shall conduct an audit of the Medicare Link
program costs and program savings. Such report shall be
submitted to the committees of the House of Representatives and
of the Senate with jurisdiction over Medicare.
``(d) Services Under a Medicare Link Plan.--
``(1) In general.--Each Medicare Link plan offered under
this section--
``(A) shall provide for care management services
(described in paragraph (2)) and predictive modeling
and risk prioritization (described in paragraph (3))
for individuals enrolled under the plan consistent with
this subsection;
``(B) shall carry out the functions of medicare
administrative contractors described in paragraph
1874A(a)(4);
``(C) shall provide a reduction or rebate in the
premium otherwise applicable under part B (as
determined without regard to section 1839(i)) to
individuals so enrolled; and
``(D) may provide for a reduction in cost-sharing
otherwise applicable to such individuals who use
providers within a plan network.
``(2) Care management services.--
``(A) Required.--The required care management
services shall include clinical interventions to help
coordinate care.
``(B) Optional.--Optional care management services
may include interventions such as the following:
``(i) Prevention and wellness.
``(ii) Transitional and case management and
other clinical programs.
``(iii) Chronic disease management.
``(iv) Advanced illness care initiatives.
``(v) Diabetes prevention programs.
``(vi) Transitional case management, for
individuals discharged from a hospital or other
health care institution.
``(vii) Nurse practitioner-led
interventions (consistent with restrictions
under applicable State law).
``(viii) Post-acute transition programs.
``(ix) High-risk case management.
``(x) Home-based primary care.
``(xi) Advanced illness transitional care.
``(xii) Operation of clinical management
programs.
``(xiii) Management and development of
provider networks.
``(xiv) Consumer engagement with decision
support.
``(3) Predictive modeling and risk prioritization.--The
predictive modeling and risk prioritization services described
in this paragraph shall include the following:
``(A) Predictive modeling and high risk
identification.--The use of claims data and trend data
to predict which enrollees could benefit from the
application of a clinical intervention or which might
be high risk and in need of a care plan.
``(B) Prioritization of interventions.--Programs to
identify, prioritize, and personalize care
opportunities through a comprehensive profile of each
enrollee.
``(4) Optional incentives and enrollee empowerment.--
``(A) In general.--A Medicare Link contractor may
use appropriate incentives to manage overall care for
enrollees. The Secretary shall establish terms and
conditions under which a Medicare Link contractor may
elect to use optional incentives for its members.
``(B) Types of incentives.--The types of incentives
that may be used include the following:
``(i) Healthy rewards.--Premium rebates and
other incentives approved by the Secretary for
enrollees to make healthier choices and
actively engage in their health care.
``(ii) Member incentives to use quality
network providers.--Reductions in beneficiary
cost-sharing (and other incentives approved by
the Secretary) for enrollees who use providers
(which may be accountable care organizations)
within a plan network in order to reward
quality, efficient care.
``(iii) Cost estimator tools.--Providing
beneficiaries with tools designed to help them
simplify the evaluation of health care costs
through cost estimates for different treatment
options.
``(5) Application of ma grievance and appeals procedures.--
In accordance with regulations, the provisions of part C
insofar as they apply to grievances and appeals, shall apply to
Medicare Link plans and enrollees under this section in a
manner similar to how such provisions apply to MA plans under
such part.
``(e) Maintenance of Current Benefits; Contractor Not at Financial
Risk for Original Fee-for-Service Benefits.--
``(1) No change in medicare covered items and services or
limitation on supplemental plans.--Medicare Link plans shall
provide for coverage of the same items and services that are
covered under parts A and B. Nothing in this section shall be
construed as preventing an individual enrolled under a Medicare
Link plan from purchasing a medicare supplemental policy
(described in section 1881) or other supplemental coverage
outside of a Medicare Link plan.
``(2) No change in payments to providers.--
``(A) In general.--Subject to subparagraph (B),
nothing in this section shall be construed as
authorizing a payment level to a provider of services
or supplier for Medicare covered services that is other
than the payment level otherwise applicable under part
A or B for such services.
``(B) Negotiation of rates permitted.--A Medicare
Link contractor may negotiate with providers of
services and suppliers payment rates that are less or
greater than the payment rates referred to in
subparagraph (A).
``(3) Contractor not at financial risk.--A Medicare Link
contractor shall not be at financial risk with respect to the
coverage or payment for Medicare services covered under parts A
and B. But the Secretary may provide financial incentives for
contractors that are able to reduce Medicare expenditures for
such services below benchmark levels (specified by the
Secretary) that reasonably represent the levels of payments
that would be made (with respect to individuals enrolled under
a Medicare Link plan) if such individuals were not so
enrolled.''. | Medicare Link Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services (HHS) to establish a Medicare Link Program through which individuals entitled to enroll in a Medicare Advantage (MA) plan under Medicare part C (Medicare+Choice), but who are not enrolled in one, are eligible to enroll with a nongovernmental Medicare Link contractor which shall provide: (1) a specified variety of optional care management services as well as coverage of the same items and services covered under Medicare parts A and B, and (2) a reduction or rebate in the premium otherwise applicable under Medicare part B as well as in cost-sharing. | {"src": "billsum_train", "title": "Medicare Link Act of 2013"} | 2,599 | 152 | 0.600317 | 1.589967 | 0.60218 | 2.992647 | 17.661765 | 0.933824 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Housing Opportunities and Mitigating
Emergencies Act of 2005''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Gulf Coast region of the United States was recently
decimated by twin natural disasters: Hurricanes Katrina and
Rita.
(2) Hurricane Katrina crashed into the Gulf Coast on August
29, 2005, as a category 4 storm.
(3) At the time of its landing, Hurricane Katrina was
recorded as the third strongest hurricane to ever make landfall
on the United States, with sustained winds over 140 miles per
hour.
(4) The damage and destruction caused by Hurricane Katrina
along the coastal regions of Louisiana, Mississippi, and
Alabama were unmatched in their breadth and scope.
(5) A 10- to 30-foot storm surge came ashore on over 200
continuous miles of coastline from southeast Louisiana,
including Mississippi and Alabama, through to the Florida
panhandle.
(6) The 30-foot storm surge recorded at Biloxi,
Mississippi, is the highest ever observed in the United States.
(7) Hurricane Katrina's storm surge quickly breached the
levee system that protected the city of New Orleans from Lake
Pontchartrain and the Mississippi River, subsequently flooding
at least 80 percent of the city.
(8) The magnitude of Hurricane Katrina was of such an
unprecedented scale that the Federal disaster declarations
which followed its destructive path blanketed over 90,000
square miles of the United States, an area almost as large as
the United Kingdom, displacing more than 1,000,000 people--a
humanitarian crisis on a scale unseen in the United States
since the Great Depression.
(9) The storm has now become the most destructive and
costliest natural disaster in the history of the United States,
resulting in over 1,300 deaths and estimated damage between
$70,000,000,000 and $130,000,000,000.
(10) Less than one month later, on September 24, 2005, the
region was battered again, this time by the strongest-measured
hurricane to ever have entered the Gulf of Mexico--Hurricane
Rita.
(11) Hurricane Rita came ashore between Texas and Louisiana
as a category 3 hurricane, packing winds up to 120 miles per
hour and a storm surge of 10 feet.
(12) A day prior to landfall, the resultant storm surge
also reopened some of the levee breaches caused by Hurricane
Katrina a month earlier and re-flooded parts of New Orleans.
(13) Local storm surges of 15 to 20 feet in southwestern
Louisiana were reported, and damage was extensive in coastal
parishes.
(14) Thousands of residents and families in the effected
States, who lived outside the 100-year flood plain and were
told they did not need flood insurance, suffered significant
damage to their homes and in many cases total losses.
(15) These families are currently without any type of
permanent shelter or any means by which to acquire such shelter
or otherwise make themselves whole, thus crippling the Gulf
Coast region and its economy.
(16) Because of the unprecedented magnitude of the storm
and the impact that the devastation of such a large region will
have on the United States as a whole, the Federal Government
should play a role in providing emergency assistance to these
families to help them rebuild and get on with their lives.
SEC. 3. TEMPORARY EMERGENCY ASSISTANCE FOR PRIMARY RESIDENCES DAMAGED
OR DESTROYED BY HURRICANES KATRINA AND RITA.
Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170 et seq.) is amended by adding at the end
the following:
``SEC. 425. TEMPORARY EMERGENCY ASSISTANCE FOR PRIMARY RESIDENCES
DAMAGED OR DESTROYED BY HURRICANES KATRINA AND RITA.
``(a) In General.--The Director shall provide emergency assistance
to owners of eligible structures in accordance with this section.
``(b) Application.--The Director shall provide for owners of
eligible structures to submit applications for assistance under this
section in such form, containing such information, and in accordance
with such procedures, as the Director may require.
``(c) Use of Funds; Scope of Coverage.--
``(1) In general.--The amount of any assistance under this
section provided to an owner of an eligible structure in a
covered disaster area of a State may be used only for paying--
``(A) the costs of repair, reconstruction, or
replacement of such structure or construction or
purchase of any other structure (including a
manufactured home) to be used as the primary residence
of the owner in the covered disaster area of such
State; or
``(B) the amount remaining to be paid by the owner
on the mortgage of the eligible structure.
``(2) Replacement cost.--
``(A) In general.--Subject to subsection (d), the
amount of any assistance provided under this section
shall be based on the replacement cost necessary for
repair, reconstruction, or replacement of the eligible
structure to its original specifications and standards
prior to--
``(i) August 29, 2005, in the case of a
structure damaged by flooding resulting from
Hurricane Katrina; or
``(ii) September 23, 2005, in the case of a
structure damaged by flooding resulting from
Hurricane Rita.
Such costs shall include adjustments as necessary for
compliance with the requirements of subsection
(e)(1)(B).
``(B) Documentation.--An owner of an eligible
structure applying for assistance under paragraph (1)
shall submit to the Director documentation and such
other evidence (including a report completed by a
State-licensed, nationally-certified home inspector) as
the Director may require to establish the replacement
cost of the eligible structure under subparagraph (A).
``(d) Cost Sharing.--
``(1) Federal share.--Subject to subsection (f) and
paragraph (2), the Federal share of the cost of assistance
provided under this section for an eligible structure that the
Director shall pay to the owner of the eligible structure shall
be 80 percent of the replacement cost of the eligible structure
as determined under subsection (c)(2).
``(2) Maximum amount.--The maximum amount of assistance
that may be provided to an owner of an eligible structure under
this section for such structure may not exceed $150,000.
``(3) Optional state share.--If the owner of an eligible
structure in a State is provided assistance under this section,
the State may provide to the owner 10 percent of the
replacement cost of the eligible structure as determined under
subsection (c)(2), but not to exceed $15,000.
``(e) Requirements Regarding Future Flood Insurance Coverage and
Mitigation Actions.--
``(1) In general.--The Director may not provide assistance
under this section for an eligible structure unless--
``(A) the owner of the property upon which the
eligible structure is located has entered into a
legally binding agreement with the Director, including
such deed restrictions as the Director considers
appropriate, to ensure that such owner, and any future
owners, will at all times after such assistance is
provided under this section with respect to the
property, purchase and maintain flood insurance, in
perpetuity, for any structures located at any time on
the same property on which, at the time of purchase,
such eligible structure is located, in an amount at
least equal to the lesser of--
``(i) the value of the structure, as
determined by the Director; or
``(ii) the maximum limit of coverage made
available with respect to the particular type
of property under the National Flood Insurance
Program, if such coverage is available; and
``(B) the owner of the property certifies to the
Director that any structure constructed, repaired, or
reconstructed with such assistance will be constructed,
repaired, or reconstructed in accordance with--
``(i) standards established by the
International Code Council in effect at the
time the building permit is issued by the local
government to the owner of the eligible
structure; and
``(ii) any final flood elevations or flood
maps in effect for purposes of the National
Flood Insurance Program at the time the
building permit is issued by the local
government to the owner of the eligible
structure and any advisory flood elevations or
advisory flood insurance rate maps issued by
the Director for purposes of such program
before such building permit is issued.
``(2) Waiver authority.--The Director may waive the
requirements of paragraph (1)(B) with respect to the repair of
an eligible structure if the Director determines that the cost
of compliance with such requirements by the owner in repairing
the eligible structure outweigh the benefit derived from such
compliance pursuant to a substantial damage analysis.
``(f) Prohibition on Duplicative Benefits in Excess of Replacement
Costs.--Notwithstanding section 312, the Director shall assure that no
owner of an eligible structure will receive assistance under this
section that, when combined with other financial assistance received by
the owner under any program, including section 404 or 408, or from
insurance or any other source for the purpose of repair,
reconstruction, or replacement of the eligible structure, is in excess
of the replacement cost of the eligible structure as determined under
subsection (c)(2). Before receipt of any assistance for which an owner
is eligible under this section for an eligible structure, the owner
shall enter into a legally binding agreement with the Director to repay
any and all of such assistance that is in excess of the replacement
cost of the eligible structure as determined under subsection (c)(2).
``(g) Verification of Use of Funds and Compliance.--
``(1) Documentation; reports.--Within 6 months after the
date on which an owner of an eligible structure receives
assistance under this section, and every 6 months thereafter
until all such assistance is accounted for, the owner shall
submit to the Director--
``(A) all receipts and documentation verifying the
use of such assistance for the purpose for which it was
provided; and
``(B) reports completed by a State-licensed,
nationally-certified home inspector verifying
compliance by the owner with the requirements of
subsection (e)(1)(B) if such requirements are not
waived by the Director.
``(2) Enforcement.--The Director may suspend assistance
under this section, and take any additional action which the
Director deems appropriate, with respect to an owner of an
eligible structure if the Director determines that the owner is
not complying with paragraph (1).
``(h) Definitions.--In this section, the following definitions
apply:
``(1) Covered disaster area.--The term `covered disaster
area' means an area--
``(A) for which a major disaster was declared by
the Director pursuant to title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
as a result of Hurricane Katrina or Hurricane Rita in
2005; and
``(B) in which the sale of flood insurance coverage
was available under the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.) as of--
``(i) August 29, 2005, in the case of an
area for which a declaration referred to in
subparagraph (A) was made as a result of
Hurricane Katrina; or
``(ii) September 23, 2005, in the case of
an area for which a declaration referred to in
subparagraph (A) was made as a result of
Hurricane Rita.
``(2) Eligible structure.--The term `eligible structure'
means a structure (including a manufactured home) that--
``(A) sustained damage or losses from flooding
resulting from Hurricane Katrina or Hurricane Rita in
2005;
``(B) is located in a covered disaster area;
``(C) is a residential structure that was used as
the primary residence of the owner of the structure as
of--
``(i) August 29, 2005, in the case of a
structure damaged by flooding resulting from
Hurricane Katrina; and
``(ii) September 23, 2005, in the case of a
structure damaged by flooding resulting from
Hurricane Rita;
``(D) was covered by an insurance policy for losses
caused by wind or windstorm as of--
``(i) August 29, 2005, in the case of a
structure damaged by flooding resulting from
Hurricane Katrina; and
``(ii) September 23, 2005, in the case of a
structure damaged by flooding resulting from
Hurricane Rita;
``(E) is of a type for which coverage was generally
made available under the National Flood Insurance
Program as of August 29, 2005; and
``(F) is not located in an area that has been
identified by the Director as an area having special
flood hazards (as such term is used for purposes of
section 102 of the Flood Disaster Protection Act of
1973 (42 U.S.C. 4012a)) as of August 29, 2005.
``(3) Director.--The term `Director' means the Director of
the Federal Emergency Management Agency.
``(i) Termination.--The Director may not provide any assistance
under this section except pursuant to an application for such
assistance submitted to the Director before the expiration of the 180-
day period beginning on the date of the enactment of this section.
``(j) Regulations.--The Director may issue any regulations
necessary to carry out this section.''.
SEC. 4. HAZARD MITIGATION.
(a) In General.--Section 404(a) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170c(a)) is amended--
(1) in the first sentence by striking ``75'' and inserting
``90''; and
(2) in the last sentence by striking ``7.5'' and inserting
``15''.
(b) Property Acquisition and Relocation Assistance.--Section 404(b)
of such Act (42 U.S.C. 5170c(b)) is amended by adding at the end the
following:
``(4) Reduction.--The amount of any assistance that would
otherwise be provided to an owner of an eligible structure
under section 425(c)(1)(B) shall be reduced by the amount of
assistance the owner receives for such structure under such
section.''.
(c) Applicability.--The amendments made by subsections (a) and (b)
shall apply with respect to a major disaster declared by the President
on or after August 24, 2005. | Housing Opportunities and Mitigating Emergencies Act of 2005 - Amernds the Robert T. Stafford Disaster Relief and Emergency Assistance Act to require the Director of the Federal Emergency Management Agency (FEMA) to provide temporary emergency assistance for primary residences damaged or destroyed by Hurricanes Katrina and Rita.
Increases from 75% to 90% the amount the President may contribute toward the cost of cost-effective hazard mitigation measures which substantially reduce the risk of future damage, hardship, loss, or suffering in any area affected by a major disaster. Doubles from 7.5% to 15% of the estimated aggregate federal disaster relief grants to an area the limit on the total amount of such presidential contributions. | {"src": "billsum_train", "title": "To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to provide temporary emergency assistance for primary residences damaged or destroyed by Hurricanes Katrina and Rita."} | 3,198 | 145 | 0.366508 | 1.112819 | 0.66012 | 2.677165 | 23.472441 | 0.818898 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Innovators and
Entrepreneurs Act''.
SEC. 2. NATIONAL SCIENCE FOUNDATION'S INNOVATION CORPS.
The National Science Foundation Authorization Act of 2010 (Public
Law 111-358; 124 Stat. 4005) is amended by adding at the end the
following:
``SEC. 528. INNOVATION CORPS.
``(a) Finding.--Congress finds the following:
``(1) The National Science Foundation's Innovation Corps
(referred to in this section as the `I-Corps') was established
by Executive authority to foster a national innovation
ecosystem by encouraging institutions, scientists, engineers,
and entrepreneurs to identify and explore the innovation and
commercial potential of Foundation-funded research well beyond
the laboratory.
``(2) The I-Corps includes investments in entrepreneurship
and commercialization education, training, and mentoring,
ultimately leading to the practical deployment of technologies,
products, processes, and services that improve the Nation's
competitiveness, promote economic growth, and benefit society.
``(3) By building networks of entrepreneurs, educators,
mentors, institutions, and collaborations, and supporting
specialized education and training, I-Corps is at the leading
edge of a strong, lasting foundation for an American innovation
ecosystem.
``(4) By translating federally funded research to a
commercial stage more quickly and efficiently, programs like
the I-Corps create new jobs and companies, help solve societal
problems, and provide taxpayers with a greater return on their
investment in research.
``(5) The I-Corps program model has a strong record of
success that should be replicated at all Federal research
agencies.
``(6) Federal funding of Nodes, Sites, Teams, and
leadership and control of curriculum by the National Science
Foundation and other participating agencies are essential parts
of the I-Corps program.
``(7) The success of the I-Corps program requires
opportunities for both on-line and in-person access to the I-
Corps curriculum.
``(b) Definitions.--In this section:
``(1) Node.--The term `Node' means a center for
entrepreneurial education that--
``(A) supports regional and national needs for
innovation education, infrastructure, and research; and
``(B) serves as a location for delivery of the I-
Corps curriculum.
``(2) Site.--The term `Site' means a center for
entrepreneurial education that supports local and regional
needs for innovation education, infrastructure, and research.
``(3) Team.--The term `Team' means a group of 3 or more
people receiving I-Corps funding that includes--
``(A) at least one undergraduate student, graduate
student, or postdoctoral fellow;
``(B) at least one professor or research scientist;
and
``(C) at least one person experienced in
commercialization or business, to act as a mentor to
the Team.
``(c) Authorization of I-Corps.--
``(1) In general.--The Director shall--
``(A) carry out an I-Corps program to award grants
for entrepreneurship and commercialization education to
science and engineering researchers and students and
institutions of higher education to increase the
economic and social impact of federally funded
research; and
``(B) develop and provide access through Nodes,
Sites, and Teams to I-Corps program curriculum by
supporting entrepreneurship and commercialization
education and training for faculty, students,
postdoctoral fellows, and other science and engineering
researchers.
``(2) Grant purpose.--Grants awarded under this section
shall increase the capacity of science and engineering
researchers and students to successfully engage in
entrepreneurial activities and to help transition the results
of federally funded research into the marketplace by--
``(A) identifying science and engineering research
that can lead to the practical deployment of
technologies, products, processes, and services that
improve the Nation's economic competitiveness;
``(B) bringing science and engineering researchers
and students together with entrepreneurs, venture
capitalists, and other industry representatives
experienced in commercialization of new technologies;
``(C) supporting entrepreneurship and
commercialization education and training for faculty,
students, postdoctoral fellows, and other science and
engineering researchers; and
``(D) promoting the development of regional and
national networks of innovation that include
entrepreneurs, venture capitalists, and other industry
representatives who can serve as mentors to researchers
and students at Foundation-funded institutions across
the United States.
``(3) Additional uses of grant funds.--A researcher,
student, or institution awarded a grant under this section may
use the grant funds to support--
``(A) prototype and proof-of-concept development
for funded projects; and
``(B) additional activities needed to build local,
regional, and national infrastructure for science and
engineering entrepreneurship.
``(4) Collaboration with small business innovation research
and small business technology transfer programs.--The Director
may work in collaboration with the Administrator of the Small
Business Administration and the heads of Federal agencies that
participate in the Small Business Innovation Research Program
and the Small Business Technology Transfer Program under
section 9 of the Small Business Act (15 U.S.C. 638) to provide
entrepreneurship and commercialization education to science and
engineering researchers and students and institutions of higher
education through the I-Corps program.
``(5) Other federal agencies.--
``(A) In general.--The Director may establish
agreements with other Federal agencies--
``(i) that fund scientific research to make
researchers, students, and institutions funded
by those agencies eligible to participate in
the I-Corps program; or
``(ii) to assist such agencies with the
design and implementation of their own program
that is similar to the I-Corps program.
``(B) Partnership funding.--Each Federal agency
entering into an agreement with the Director, as
described in subparagraph (A), may (depending on the
agreement negotiated) be responsible for funding--
``(i) the training of researchers and
students they select to go through the I-Corps
program; and
``(ii) the Nodes and Sites the agency
designates as regional and national
infrastructure for science and engineering
entrepreneurship.
``(d) I-Corps Curriculum Committee.--The Director, or the
Director's designee, shall chair a curriculum committee--
``(1) consisting of program officers from Federal agencies
described in paragraphs (4) and (5) of subsection (c), I-Corps
program instructors, researchers educated by the I-Corps
program, and industry and academic representatives; and
``(2) that shall generate and update I-Corps program
curriculum and course material across subject areas and
maintain the integrity of the curriculum.
``(e) Team Selection.--Team selection shall be managed by relevant
program officers at the Federal agency funding the Team.
``(f) Reporting.--The Director shall submit a biennial report on I-
Corps program efficacy to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science, Space, and
Technology of the House of Representatives. Such report shall include
metrics on the effectiveness of the program and demographic information
of Teams being educated by the program. Each Federal agency
participating in the I-Corps program shall contribute to each such
report.
``(g) State and Local Partnerships.--The Director may engage in
partnerships with State and local governments, economic development
organizations, and nonprofit organizations to provide access to Nodes,
Sites, and the I-Corps program curriculum to support entrepreneurship
and commercialization education and training for faculty, students,
postdoctoral fellows, and other science and engineering professionals
as described under this section.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Foundation to carry out this section--
``(1) $35,000,000 for fiscal year 2017;
``(2) $40,000,000 for fiscal year 2018; and
``(3) $45,000,000 for each of fiscal years 2019 and
2020.''.
SEC. 3. INCREASE AND STREAMLINE RECOVERY OF UNCLAIMED ASSETS OWED TO
THE UNITED STATES.
Section 3711 of title 31, United States Code, is amended by adding
at the end the following:
``(j)(1) The Secretary of the Treasury (referred to in this
subsection as the ``Secretary'') may locate and recover assets of the
United States Government on behalf of any executive, judicial, or
legislative agency in accordance with such procedures as the Secretary
considers appropriate.
``(2) Notwithstanding any other provision of law concerning the
depositing or collection of Federal payments, including section
3302(b), the Secretary may retain a portion of the amounts recovered
under this subsection to cover the administrative and operational costs
of the Secretary associated with locating and recovering assets of the
United States Government.''. | American Innovators and Entrepreneurs Act This bill amends the National Science Foundation Authorization Act of 2010 to direct the National Science Foundation (NSF) to: carry out an Innovation Corps (I-Corps) program to award grants for entrepreneurship and commercialization education to science and engineering researchers and students and institutions of higher education to increase the economic impact of federally funded research; and develop and provide access through specified Nodes, Sites, and Teams to I-Corps program curriculum by supporting entrepreneurship and commercialization education and training for faculty, students, postdoctoral fellows, and other science and engineering researchers. The purpose of grants shall be to increase the capacity of science and engineering researchers and students to engage successfully in entrepreneurial activities and to help transition the results of federally funded research into the marketplace. The Treasury may: locate and recover U.S. government assets on behalf of any executive, judicial, or legislative agency; and retain a portion of recovered amounts to cover administrative and operational costs associated with locating and recovering those assets. | {"src": "billsum_train", "title": "American Innovators and Entrepreneurs Act"} | 1,949 | 219 | 0.589223 | 1.733562 | 0.927834 | 4.668367 | 9.5 | 0.933673 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Technology Transfer Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) Cooperative extension.--The term ``Cooperative
Extension'' means the extension services established at the
land-grant colleges and universities under the Smith-Lever Act
of May 8, 1914.
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) Energy supply research and development programs.--The
term ``energy supply research and development programs'' means
the research, development, demonstration, and commercial
application programs in the Office of Energy Efficiency and
Renewable Energy, the Office of Electricity Delivery and Energy
Reliability, and the Office of Fossil Energy.
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(5) Land-grant colleges and universities.--The term ``land-
grant colleges and universities'' means--
(A) 1862 Institutions (as defined in section 2 of
the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7601));
(B) 1890 Institutions (as defined in section 2 of
that Act); and
(C) 1994 Institutions (as defined in section 2 of
that Act).
(6) National laboratory.--The term ``National Laboratory''
has the meaning given the term ``nonmilitary energy
laboratory'' in section 903(3) of the Energy Policy Act of 2005
(42 U.S.C. 16182(3)).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. PROGRAM.
(a) In General.--
(1) Grants.--The Secretary, through the energy supply
research and development programs of the Department, shall
carry out a program to award competitive, merit-reviewed grants
to Cooperative Extension services or offices, States, local
governments, institutions of higher education, and nonprofit
institutions with expertise in energy research or extension, or
consortia thereof, to conduct activities to transfer knowledge
and information about advanced energy technologies that
increase efficiency of energy use, especially those developed
at the National Laboratories and by the Department, to
individuals, businesses, nonprofit entities, and public
entities, including local governments and school districts.
(2) Requirement.--To receive funding under this Act, a
grant applicant must already operate an outreach program
capable of transferring knowledge and information about
advanced energy technologies that increase efficiency of energy
use, or must partner with an entity that has such an outreach
program.
(b) Uses of Funds.--Funds awarded under this Act may be used for
the following activities:
(1) Developing and distributing informational materials on
technologies that could use energy more efficiently.
(2) Carrying out small-scale projects to demonstrate
technologies that could use energy more efficiently.
(3) Developing and conducting seminars, workshops, long-
distance learning sessions, and other activities to aid in the
dissemination of knowledge and information on technologies that
could use energy more efficiently.
(4) Providing or coordinating onsite energy evaluations for
a wide range of energy end-users.
(5) Examining the energy efficiency needs of energy end-
users to develop recommended research projects for the
Department.
(6) Hiring experts in energy efficient technologies to
carry out activities described in paragraphs (1) through (5).
(7) Carrying out any other activities the Secretary
believes will accomplish the purposes described in subsection
(a)(1).
(c) Selection Process Application.--An applicant seeking funding
under this Act shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require. The application shall include, at a minimum--
(1) a description of the applicant's current outreach
program and of why it would be capable of transferring
knowledge and information about advanced energy technologies
that increase efficiency of energy use;
(2) a description of the activities the applicant would
carry out, of the technologies that would be transferred, and
of who would be carrying out those activities;
(3) a description of how the proposed activities would be
appropriate to the specific energy needs of the area to be
served;
(4) an estimate of the number and types of energy end-users
expected to be reached through such activities; and
(5) a description of how the applicant will assess the
success of the program.
(d) Review of Applications.--In evaluating the applications
submitted under this Act, the Secretary shall consider, at a minimum--
(1) the ability of the applicant to effectively carry out
the proposed program;
(2) the appropriateness of the applicant's outreach program
for carrying out the program described in this Act; and
(3) the likelihood that proposed activities could be
expanded or used as a model for other areas.
(e) Awards.--
(1) Distribution.--In making awards under this Act, the
Secretary shall ensure that, to the extent practicable, the
program enables the transfer of knowledge and information about
a variety of technologies and enables the transfer of knowledge
and information in a variety of geographic areas.
(2) Focus.--In making awards under this Act, the Secretary
shall give priority to applicants that would significantly
expand on or fill a gap in existing programs in a geographical
region.
(f) Cost Sharing.--The Secretary shall require cost-sharing in
accordance with the requirements of section 988 of the Energy Policy
Act of 2005 (42 U.S.C. 16352) for commercial application activities.
(g) Duration.--
(1) Initial grant period.--A grant awarded under this Act
shall be for a period of 5 years.
(2) Initial evaluation.--Each grantee under this Act shall
be evaluated during its third year of operation under
procedures established by the Secretary to determine if the
grantee is accomplishing the purposes of this Act described in
subsection (a)(1). The Secretary shall terminate any grant that
does not receive a positive evaluation. If an evaluation is
positive, the Secretary may extend the grant for 3 additional
years beyond the original term of the grant.
(3) Additional extension.--If a grantee receives an
extension under paragraph (2), the grantee shall be evaluated
again during the second year of the extension. The Secretary
shall terminate any grant that does not receive a positive
evaluation. If an evaluation is positive, the Secretary may
extend the grant for a final additional period of 3 additional
years beyond the original extension.
(4) Limitation.--No grantee may receive more than 11 years
of support under this Act without reapplying for support and
competing against all other applicants seeking a grant at that
time.
(h) Technical Assistance.--The Secretary and the National
Laboratories may provide technical assistance on advanced energy
technologies and methods to grantees.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for carrying out this section--
(1) $25,000,000 for fiscal year 2008;
(2) $27,375,000 for fiscal year 2009;
(3) $30,000,000 for fiscal year 2010;
(4) $32,900,000 for fiscal year 2011; and
(5) $36,000,000 for fiscal year 2012. | Energy Technology Transfer Act - Directs the Secretary of Energy to award competitive grants to Cooperative Extension services or offices, states, local governments, institutions of higher education, and nonprofit institutions with expertise in energy research to transfer knowledge about advanced energy technologies that increase efficient energy use to individuals, businesses, nonprofit entities, and public entities, including local governments and school districts.
Requires an eligible grant applicant already to: (1) operate an outreach program capable of transferring such knowledge; or (2) partner with an entity that has such an outreach program.
Authorizes the Secretary and the National Laboratories to provide grantees with technical assistance on advanced energy technologies and methods. | {"src": "billsum_train", "title": "To authorize the commercial application and transfer of technologies developed by the Department of Energy, and for other purposes."} | 1,572 | 137 | 0.622901 | 1.528231 | 0.755416 | 5.070313 | 11.6875 | 0.960938 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Renewable Energy Applied
Partnerships (REAP) Act''.
SEC. 2. APPLIED SCIENCES IN RENEWABLE ENERGY PILOT PROGRAM.
(a) Establishment.--The Secretary of Energy shall establish a
research pilot program for award grants to partnerships to improve
education and training in support of applied sciences in the field of
renewable energy as part of a comprehensive program to enhance the
quality of science, technology, engineering, and mathematics
instruction at the secondary school and undergraduate levels. Grants
under this section may be used for--
(1) professional development and training for teachers;
(2) purchase, rental, or leasing of equipment,
instrumentation, and other educational and training materials;
(3) improvement of facilities for providing education and
training experiences in applied sciences in the field of
renewable energy;
(4) development of instructional programs designed to
integrate education and training in applied sciences in
renewable energy with the practical application of that
education and training;
(5) recruitment and retention of new faculty;
(6) encouraging collaboration between faculty and industry
partners;
(7) supporting outreach efforts to recruit students; and
(8) assessment of the activities funded under this Act.
(b) Partnerships.--Grants awarded under subsection (a) shall be to
the institution described in paragraph (1), as part of a partnership
that--
(1) includes a 2-year degree granting institution of higher
education offering an associates degree in applied science in a
renewable energy field;
(2) includes a 4-year degree granting institution of higher
education;
(3) includes a business or eligible nonprofit organization
and labor organization; and
(4) may include a State educational agency, other public
agency, National Laboratory, or community-based organization.
(c) Preference.--The Secretary of Energy shall give preference to
awarding grants under this section for partnerships--
(1) whose proposal incorporates a technical preparation
program described in section 203(c) of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C. 2373(c));
or
(2) who can demonstrate the likely long-term stability of
the program without continued Federal funding.
(d) Diversity of Subject Matter.--The Secretary of Energy shall
ensure that, to the extent possible, grants are provided under this Act
for partnerships representing a wide diversity of renewable energy
fields.
(e) Federal Share.--The Federal share of the cost of activities
carried out using amounts from a grant under subsection (a) shall not
exceed 40 percent.
(f) Limitation.--No single grant under subsection (a) may be made
in an amount greater than $1,000,000 per year.
(g) Public Information.--The Secretary of Energy shall make
publicly available all curricula, planning documents, and other
materials related to a project supported by a grant made under this
Act.
(h) Project Reports.--The Secretary of Energy shall require grant
recipients under subsection (a) to submit a report to the Secretary,
not later than 3 years after receiving the grant, on the results of the
project supported by the grant. Each such report shall include an
assessment of which elements of the project supported with the grant
were successful and which were not, along with an identification and
analysis of improvements that could have made the project more
successful. The Secretary shall make all reports submitted under this
subsection available to the public.
(i) Definition.--For purposes of this section, the term ``renewable
energy'' has the meaning given that term in section 609(a)(3) and (4)
of the Public Utility Regulatory Policies Act of 1978 (7 U.S.C.
918c(a)(3) and (4)).
SEC. 3. REPORT.
The Secretary of Energy shall evaluate the effectiveness of
activities carried out under this Act. A report documenting the results
of that evaluation shall be submitted to the Committee on Education and
the Workforce and the Committee on Science and Technology of the House
of Representatives and the Committee on Commerce, Science, and
Transportation and the Committee on Health, Education, Labor, and
Pensions of the Senate not later than 5 years after the date of
enactment of this Act. The report shall identify best practices and
materials developed and demonstrated by partnerships awarded a grant.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act--
(1) $5,000,000 for fiscal year 2012;
(2) $5,000,000 for fiscal year 2013; and
(3) such sums as may be necessary for each of fiscal years
2014 and 2015. | Renewable Energy Applied Partnerships (REAP) Act - Directs the Secretary of Energy (DOE) to establish a research pilot program for awarding grants to certain partnerships to improve education and training in support of applied sciences in renewable energy as part of a comprehensive program to enhance the quality of science, technology, engineering, and mathematics (STEM) instruction at the secondary school and undergraduate levels of education. | {"src": "billsum_train", "title": "To establish a pilot program to provide assistance for partnerships supporting applied sciences in renewable energy."} | 975 | 86 | 0.602201 | 1.543979 | 1.028772 | 6.146667 | 12.573333 | 0.946667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Lands Counterdrug Strategy
Act''.
SEC. 2. FEDERAL LANDS COUNTERDRUG STRATEGY.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, and every 2 years thereafter, the Director of
National Drug Control Policy shall submit to the Congress a Federal
Lands Counterdrug Strategy.
(b) Purposes.--The Federal Lands Counterdrug Strategy shall--
(1) set forth the Government's strategy for preventing the
illegal production, cultivation, manufacture, and trafficking
of controlled substances on covered lands;
(2) state the specific roles and responsibilities of the
relevant agencies, including the National Drug Control Program
agencies, the Forest Service, the National Park Service, and
the Bureau of Land Management, for implementing that strategy;
and
(3) identify the specific resources required to enable the
relevant agencies, including the National Drug Control Program
agencies, the Forest Service, the National Park Service, and
the Bureau of Land Management, to implement that strategy.
(c) Specific Content Related to Marijuana Eradication.--The Federal
Lands Counterdrug Strategy shall include--
(1) a strategy to reduce the cultivation and trafficking of
marijuana on covered lands; and
(2) an examination of how technology available when the
Federal Lands Counterdrug Strategy is being prepared, including
herbicides, can be used to reduce the cultivation and
trafficking of marijuana on covered lands.
(d) Specific Content Related to the Effect of Land-Management Laws
on the Enforcement of Drug Laws.--The Federal Lands Counterdrug
Strategy shall include an analysis of the effect of Federal laws
related to the management of covered lands on the enforcement of the
Controlled Substances Act (21 U.S.C. 801 et seq.) and on such other
Federal laws related to the importation, manufacture, distribution,
possession, or use of controlled substances as the Director considers
appropriate. The analysis shall include an assessment of--
(1) whether such land-management laws hinder enforcement on
covered lands of such laws related to controlled substances;
(2) whether any hindrance of enforcement described in
paragraph (1) results from restrictions under such land-
management laws that--
(A) limit the use of tools or strategies, including
motor vehicles, used by law enforcement personnel to
enforce such laws related to controlled substances in
areas that are not on covered lands; or
(B) result in a lack of access to areas on covered
lands that creates havens for the importation,
manufacture, distribution, possession, or use of
controlled substances; and
(3) whether any additional authorities, including
exceptions from or waiver authority with respect to such land-
management laws, are needed to prevent the importation,
manufacture, distribution, possession, or use of controlled
substances on covered lands and to secure such lands from
related criminal activity.
(e) Consultation With Other Agencies.--The Director shall issue the
Federal Lands Counterdrug Strategy in consultation with the heads of
the relevant agencies, including the National Drug Control Program
agencies, the Forest Service, the National Park Service, the Bureau of
Land Management, and any relevant State, local, and tribal law
enforcement agencies.
(f) Limitation.--The Federal Lands Counterdrug Strategy shall not
change existing agency authorities or the laws governing interagency
relationships, but may include recommendations about changes to such
authorities or laws.
(g) Report to Congress.--The Director shall provide a copy of the
Federal Lands Counterdrug Strategy to the appropriate congressional
committees (as defined in section 702(12) of the Office of National
Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701(12))).
(h) Treatment of Classified or Law Enforcement Sensitive
Information.--Any content of the Federal Lands Counterdrug Strategy
that involves information classified under criteria established by an
Executive order, or whose public disclosure, as determined by the
Director or the head of any relevant National Drug Control Program
agency, would be detrimental to the law enforcement or national
security activities of any Federal, State, local, or tribal agency,
shall be presented to Congress separately from the rest of the
strategy.
(i) Definitions.--In this section:
(1) Controlled substance.--The term ``controlled
substance'' has the meaning given such term in section 102(6)
of the Controlled Substances Act (21 U.S.C. 802(6)).
(2) Covered lands.--The term ``covered lands'' means units
of the National Park System, National Forest System lands, and
public lands (as such term is defined in section 103(e) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1702(e))).
(3) National drug control program agency.--The term
``National Drug Control Program agency'' has the meaning given
such term in section 702(7) of the Office of National Drug
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701(7)). | Federal Lands Counterdrug Strategy Act - Requires the Director of National Drug Control Policy to develop and submit to Congress a Federal Lands Counterdrug Strategy. Sets forth specific Strategy requirements. | {"src": "billsum_train", "title": "To require the Director of National Drug Control Policy to develop a Federal Lands Counterdrug Strategy, and for other purposes."} | 1,110 | 45 | 0.634216 | 1.625726 | 0.841509 | 2.4375 | 31 | 0.875 |
SECTION 1. EXTENSION AND EXPANSION OF TANF SUPPLEMENTAL GRANTS.
(a) In General.--Section 403(a)(3) of the Social Security Act (42
U.S.C. 603(a)(3)) is amended to read as follows:
``(3) Supplemental grant for certain states.--
``(A) In general.--Each qualifying State shall,
subject to subparagraphs (B) and (F), be entitled to
receive from the Secretary for each of fiscal years
2009 and 2010 the following:
``(i) Qualifying states that received a
supplemental grant for fiscal year 2008 and
have below average tanf resources per child.--
In the case of a qualifying State that is
described in clauses (i) and (ii) of
subparagraph (C), an amount equal to the sum
of--
``(I) the total amount required to
be paid to the State under this
paragraph (as in effect on October 1,
2007) for fiscal year 2008; and
``(II) the lesser of--
``(aa) the amount equal to
2.5 percent of the total amount
required to be paid to the
State under paragraph (1) for
the fiscal year, and
``(bb) $2,500,000.
``(ii) Qualifying states that did not
receive a supplemental grant for fiscal year
2009 and have below average tanf resources per
child.--In the case of a qualifying State that
is only described in clause (ii) of
subparagraph (C), an amount equal to the lesser
of--
``(I) the amount equal to 10
percent of the total amount required to
be paid to the State under paragraph
(1) for the fiscal year, and
``(II) $10,000,000.
``(iii) Other qualifying states.--In the
case of a qualifying State that is only
described in clause (i) of subparagraph (C),
the total amount required to be paid to the
State under this paragraph (as in effect on
October 1, 2007) for fiscal year 2008.
``(B) Limitation.--The amount to be paid to a State
under clause (i)(II) or (ii) of subparagraph (A) for
any fiscal year shall be reduced (but not below zero)
by the amount that is equal to the excess, if any, of--
``(i) the product obtained by multiplying--
``(I) the level of welfare spending
per poor child by the State (calculated
without regard to any reduction made
under this subparagraph) for such
fiscal year; by
``(II) the number of children under
the age of 18, according to the 2006
American Community Survey, who were
residents of the State and who were
members of families whose income was
below the poverty line; over
``(ii) the product obtained by
multiplying--
``(I) the national average level of
State welfare spending per poor child
for such fiscal year; by
``(II) the number of children under
the age of 18, according to the 2006
American Community Survey, who were
residents of the State and who were
members of families whose income was
below the poverty line.
``(C) Qualifying state.--For purposes of this
paragraph, a State is a qualifying State for a fiscal
year if--
``(i) the State was entitled to receive a
grant under this paragraph (as in effect on
October 1, 2007) for fiscal year 2008; or
``(ii) the level of welfare spending per
poor child by the State for fiscal year 2008 is
less than the national average level of State
welfare spending per poor child for such fiscal
year.
``(D) Definitions.--In this paragraph:
``(i) Level of welfare spending per poor
child.--The term `level of welfare spending per
poor child' means, with respect to a State and
a fiscal year--
``(I) the sum of--
``(aa) the total amount
required to be paid to the
State under paragraph (1) for
such fiscal year;
``(bb) the total amount
required to be paid to the
State, if any, under this
paragraph (as in effect on
October 1, 2007) for such
fiscal year; and
``(cc) 80 percent of the
historic State expenditures (as
defined in section
409(a)(7)(B)(iii)); divided by
``(II) the number of children under
the age of 18, according to the 2006
American Community Survey, who were
residents of the State and who were
members of families whose income was
below the poverty line.
``(ii) National average level of state
welfare spending per poor child.--The term
`national average level of State welfare
spending per poor child' means, with respect to
a fiscal year, an amount equal to--
``(I) the sum of--
``(aa) the total amount
required to be paid to the
States under paragraph (1) for
such fiscal year;
``(bb) the total amount
required to be paid to the
States under this paragraph for
such fiscal year; and
``(cc) the aggregate amount
for all States of 80 percent of
the historic State expenditures
(as defined in section
409(a)(7)(B)(iii)) for each
State; divided by
``(II) the number of children under
the age of 18, according to the 2006
American Community Survey, who were
residents of any State and who were
members of families whose income was
below the poverty line.
``(iii) State.--The term `State' means each
of the 50 States of the United States and the
District of Columbia.
``(E) Appropriation.--Out of any money in the
Treasury of the United States not otherwise
appropriated, there are appropriated for each of fiscal
years 2009 and 2010 such sums as are necessary for
grants under this paragraph, in a total amount not to
exceed $470,000,000 for each such fiscal year.
``(F) Grants reduced pro rata if insufficient
appropriations.--If the amount appropriated pursuant to
subparagraph (E) for a fiscal year is less than the
total amount of payments otherwise required to be made
under this paragraph for the fiscal year, then the
amount otherwise payable to any State for the fiscal
year under this paragraph shall be reduced by a
percentage equal to the amount so appropriated divided
by such total amount.''.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 2008. | Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to change the TANF supplemental grant for population increases in certain states into simply a supplemental grant for certain states, for FY2009 and FY2010, including both qualifying states that received and qualifying states that did not receive a supplemental grant for FY2008, if their TANF resources are below average. | {"src": "billsum_train", "title": "A bill to amend part A of title IV of the Social Security Act to extend and expand the number of States qualifying for supplemental grants under the Temporary Assistance for Needy Families program."} | 1,454 | 95 | 0.561513 | 1.42459 | 0.636806 | 2.054054 | 18.608108 | 0.756757 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medication Errors Reduction Act of
2003''.
SEC. 2. INFORMATICS SYSTEMS GRANT PROGRAM FOR HOSPITALS AND SKILLED
NURSING FACILITIES.
(a) Grants.--
(1) In general.--The Secretary of Health and Human Services
(in this section referred to as the ``Secretary'') shall
establish a program to make grants to eligible entities that
have submitted applications in accordance with subsection (b)
for the purpose of assisting such entities in offsetting the
costs related to purchasing, leasing, developing, and
implementing standardized clinical health care informatics
systems designed to improve patient safety and reduce adverse
events and health care complications resulting from medication
errors.
(2) Duration.--The authority of the Secretary to make
grants under this section shall terminate on September 30,
2013.
(3) Costs defined.--For purposes of this section, the term
``costs'' shall include total expenditures incurred for--
(A) purchasing, leasing, and installing computer
software and hardware, including handheld computer
technologies;
(B) making improvements to existing computer
software and hardware;
(C) purchasing or leasing communications
capabilities necessary for clinical data access,
storage, and exchange; and
(D) providing education and training to eligible
entity staff on computer patient safety information
systems.
(4) Eligible entity defined.--For purposes of this section,
the term ``eligible entity'' means the following entities:
(A) Hospital.--A hospital (as defined in section
1861(e) of the Social Security Act (42 U.S.C.
1395x(e))).
(B) Skilled nursing facility.--A skilled nursing
facility (as defined in section 1819(a) of such Act (42
U.S.C. 1395i-3(e))).
(b) Application.--An eligible entity seeking a grant under this
section shall submit an application to the Secretary at such time, in
such form and manner, and containing such information as the Secretary
specifies.
(c) Special Considerations and Rural Hospital Reserve.--
(1) Special consideration for eligible entities that serve
a large number of medicare, medicaid, and schip eligible
individuals.--In awarding grants under this section, the
Secretary shall give special consideration to eligible entities
in which individuals that are eligible for benefits under the
medicare program under title XVIII of the Social Security Act,
the medicaid program under title XIX of such Act, or under the
State children's health insurance program under title XXI of
such Act make up a high percentage of the total patient
population of the entity.
(2) Reserve 20 percent of grant funds for rural
hospitals.--
(A) In general.--Subject to subparagraph (C), the
Secretary shall ensure that at least 20 percent of the
funds available for making grants under this section
are used for making grants to eligible entities that
are rural hospitals.
(B) Rural hospital defined.--For purposes of
subparagraph (A), the term ``rural hospital'' means a
hospital that--
(i) is located in a rural area (as such
term is defined for purposes of section 1886(d)
of the Social Security Act (42 U.S.C.
1395ww(d)));
(ii) is located in an area designated by
any law or regulation of the State as a rural
area; or
(iii) is designated by the State as a rural
hospital.
(C) Availability of reserve funds if limited number
of rural hospitals apply for grants.--If the Secretary
estimates that the amount of funds reserved under
subparagraph (A) for hospitals described in such
subparagraph exceeds the maximum amount of funds
permitted for such hospitals under subsection (d), the
Secretary may reduce the amount reserved for such
hospitals by an amount equal to such excess and use
such funds for awarding grants to other eligible
entities.
(d) Limitation on Amount of Grant.--
(1) In general.--A grant awarded under this section may not
exceed the lesser of--
(A) an amount equal to the applicable percentage of
the costs incurred by the eligible entity for the
project for which the entity is seeking funding under
this section; or
(B) in the case of a grant made to a--
(i) hospital, $750,000; or
(ii) skilled nursing facility, $200,000.
(2) Applicable percentage.--For purposes of paragraph
(1)(A), the term ``applicable percentage'' means, with respect
to an eligible entity, the percentage of total net revenues for
such period as determined appropriate by the Secretary for the
entity that consists of net revenues from the medicare and
medicaid programs or the State children's health insurance
program under titles XVIII, XIX, and XXI of the Social Security
Act.
(e) Eligible Entity Required To Furnish Secretary With
Information.--An eligible entity receiving a grant under this section
shall furnish the Secretary with such information as the Secretary may
require to--
(1) evaluate the project for which the grant is made; and
(2) ensure that funding provided under the grant is
expended for the purposes for which it is made.
(f) Reports.--
(1) Interim reports.--
(A) In general.--The Secretary shall submit, at
least annually, a report to the Committee on Ways and
Means of the House of Representatives and the Committee
on Finance of the Senate on the grant program
established under this section.
(B) Contents.--A report submitted pursuant to
subparagraph (A) shall include information on--
(i) the number of grants made;
(ii) the nature of the projects for which
funding is provided under the grant program;
(iii) the geographic distribution of grant
recipients; and
(iv) such other matters as the Secretary
determines appropriate.
(2) Final report.--Not later than 180 days after the
completion of all of the projects for which a grant is made
under this section, the Secretary shall submit a final report
to the committees referred to in paragraph (1)(A) on the grant
program established under this section, together with such
recommendations for legislation and administrative action as
the Secretary determines appropriate.
(g) Authorization of Appropriations.--
(1) Authorization.--
(A) Hospitals.--There are authorized to be
appropriated from the Federal Hospital Insurance Trust
Fund under section 1817 of the Social Security Act (42
U.S.C. 1395i) $93,000,000, for each of the fiscal years
2004 through 2013, for the purpose of making grants
under this section to eligible entities that are
hospitals.
(B) Skilled nursing facilities.--There are
authorized to be appropriated from the Federal Hospital
Insurance Trust Fund under section 1817 of the Social
Security Act (42 U.S.C. 1395i) $4,500,000, for each of
the fiscal years 2004 through 2013, for the purpose of
making grants under this section to eligible entities
that are skilled nursing facilities.
(2) Availability.--Any amounts appropriated pursuant to the
authority contained in subparagraph (A) or (B) of paragraph (1)
shall remain available, without fiscal year limitation, through
September 30, 2013. | Medication Errors Reduction Act of 2003 - Directs the Secretary of Health and Human Services to provide grants to eligible hospitals and skilled nursing facilities for costs related to purchasing, leasing, developing, and implementing standardized clinical health care informatics systems designed to improve patient safety and reduce adverse events and health care complications resulting from medication errors.
Gives special consideration to eligible entities serving a large number of Medicare, Medicaid, and State Children's Health Insurance Program (SCHIP) eligible individuals. Reserves a certain percentage of grant funds for rural hospitals.
Terminates grant authority on September 30, 2013. | {"src": "billsum_train", "title": "A bill to establish an informatics grant program for hospitals and skilled nursing facilities in order to encourage health care providers to make major information technology advances."} | 1,594 | 127 | 0.641689 | 1.753283 | 0.566122 | 5.072072 | 12.936937 | 0.927928 |
SECTION 1. CHARTER.
The Ukrainian American Veterans, Incorporated, organized and
incorporated under the laws of the State of New York, is hereby
recognized and granted a Federal charter.
SEC. 2. POWERS.
The corporation shall have only the powers granted to it through
its bylaws and articles of incorporation filed in the States in which
it is incorporated and subject to the laws of such States.
SEC. 3. PURPOSES.
The purposes of the corporation are those provided in its articles
of incorporation and include a commitment, on a national basis, to--
(1) preserve, protect and defend the Constitution of the
United States;
(2) commemorate the wars, campaigns, and military actions
of the United States in order to reflect respect, honor, and
tribute for the dead and the surviving veterans;
(3) give individuals throughout the Nation a greater
understanding of and appreciation for the sacrifices of the
people who participated in any military action on behalf of
individuals throughout the United States;
(4) stimulate, to the highest degree possible, the interest
of the entire Nation in the problems of veterans, their widows,
and orphans;
(5) collect, edit, publish, and preserve records and
mementos of patriotic service of veterans of the Armed Forces
of the United States;
(6) foster the association of veterans of Ukrainian descent
who have served in the Armed Forces of the United States; and
SEC. 8. RESTRICTIONS.
(a) Use of Income and Assets.--No part of the income or assets of
the corporation may inure to any member, officer, or director of the
corporation or be distributed to any such person during the life of
this charter. No provision in this subsection may be construed to
prevent the payment of reasonable compensation to the officers and
employees of the corporation or reimbursement for actual necessary
expenses in amounts approved by the board of directors.
(b) Loans.--The corporation may not make any loan to any member,
officer, director, or employee of the corporation.
(c) Political Activity.--The corporation, any officer, or director
of the corporation, acting as such officer or director, may not
contribute to, support, or otherwise participate in any political
activity or in any manner attempt to influence legislation.
(d) Issuance of Stock and Payment of Dividends.--The corporation
may not issue any shares of stock or declare or pay any dividends.
(e) Claims of Federal Approval.--The corporation may not claim the
approval of the Congress or the authorization of the Federal Government
for any of its activities.
(f) Corporate Status.--The corporation shall maintain its status as
a corporation organized and incorporated under the laws of the State of
New York.
(g) Corporate Function.--The corporation shall function as an
educational, patriotic, civic, and historical organization under the
laws of the States in which it is incorporated.
SEC. 9. LIABILITY.
The corporation shall be liable for the acts of its officers,
directors, employees, and agents whenever the officers, directors,
employees, and agents act within the scope of their authority.
SEC. 10. MAINTENANCE AND INSPECTION OF BOOKS AND RECORDS.
(a) Books and Records of Account.--The corporation shall keep
correct and complete books and records of account and shall keep
minutes of any proceeding of the corporation involving any of its
members, the board of directors, or any committee having authority
under the board of directors.
(b) Names and Addresses of Members.--The corporation shall keep, at
its principal office, a record of the names of all members having the
right to vote in any proceeding of the corporation.
(c) Right To Inspect Books and Records.--All books and records of
the corporation may be inspected by any member having the right to
vote, or by any agent or attorney of such member, for any proper
purpose, at any reasonable time.
(d) Application of State Law.--No provision of this section may be
construed to contravene any applicable State law.
SEC. 11. AUDIT OF FINANCIAL TRANSACTIONS.
The first section of the Act entitled ``An Act to provide for audit
of accounts of private corporations established under the Federal
law'', approved August 30, 1964 (36 U.S.C. 1101), is amended by adding
at the end of the following:
``Ukrainian American Veterans, Incorporated.''.
SEC. 12. ANNUAL REPORT.
The corporation shall annually submit to the Congress a report
concerning the activities of the corporation during the preceding
fiscal year. The annual report shall be submitted at the same time as
is the report of the audit required by section 11. The report shall not
be printed as a public document.
SEC. 13. RESERVATION OF RIGHT TO AMEND OR REPEAL CHAPTER.
The right to amend or repeal this Act is expressly reserved to the
Congress.
SEC. 14. DEFINITIONS.
For purposes of this Act--
(1) the term ``corporation'' means the Ukrainian American
Veterans, Incorporated; and
(2) the term ``State'' means any of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, the Virgin
Islands, Guam, American Samoa, the Trust Territories of the
Pacific Islands, or any other territory or possessions of the
United States.
SEC. 15. TAX EXEMPT STATUS.
The corporation shall maintain its status as an organization exempt
from taxation as provided in the Internal Revenue Code of 1986.
SEC. 16. TERMINATION.
The charter granted in this Act shall expire if the corporation
fails to comply with any provisions of this Act. | Grants a Federal charter to the Ukrainian American Veterans, Incorporated. | {"src": "billsum_train", "title": "To recognize the organization known as the Ukrainian American Veterans, Incorporated."} | 1,241 | 17 | 0.515271 | 1.329646 | -0.292685 | 4.083333 | 96.5 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Commission on an Open
Society with Security Act of 2014''.
SEC. 2. FINDINGS.
Congress finds that--
(1) an open society which affords free access to public
facilities and spaces and which protects the right to engage in
open discussion is an essential premise of American
governmental institutions and democratic values;
(2) the United States is currently facing a challenge to
the safety and security of the public, public employees, and
public facilities and spaces that is unique in the history of
this Nation;
(3) to meet this challenge without eroding or harming any
of the basic tenets of the Republic and of our democracy, this
Nation needs to assemble the best thinking available; and
(4) a commission of experts from a broad base of
disciplines and backgrounds is necessary to examine all the
factors that should be considered in securing public safety
from terrorist attacks while maintaining the highest level of
free and open access to the public.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``United States Commission on an Open Society with Security''
(in this Act referred to as the ``Commission'').
(b) Composition.--The Commission shall be composed of 21 members
appointed in accordance with subsection (d)(1) from among individuals
representing such fields or groups as the following: architecture,
technology, civil libertarians, humanists, members of the Armed Forces,
Federal Government employees, city planners, business leaders, lawyers,
artists, public building security, engineers, philosophers, historians,
sociologists, and psychologists. The President shall designate one of
those members to be the Chairperson of the Commission.
(c) Terms; Quorum; Meetings; Vacancies.--Members shall be appointed
for the life of the Commission. Nine members of the Commission shall
constitute a quorum, but a lesser number may hold hearings. After its
initial meeting, the Commission shall meet at the call of the
Chairperson of the Commission or a majority of its members. Any vacancy
in the Commission shall not affect its powers and shall be filled in
the same manner as the original appointment.
(d) Appointments; Initial Meeting.--
(1) Appointments.--Appointments to the Commission shall be
made as follows:
(A) 9 members appointed by the President.
(B) 3 members appointed by the Speaker of the House
of Representatives.
(C) 3 members appointed by the Minority Leader of
the House of Representatives.
(D) 3 members appointed by the Majority Leader of
the Senate.
(E) 3 members appointed by the Minority Leader of
the Senate.
(2) Initial meeting.--If, after 90 days following the date
of enactment of this Act, 9 or more members of the Commission
have been appointed, the members who have been appointed may
meet, and the Chairperson shall have the authority to begin the
operations of the Commission, including the hiring of staff.
SEC. 4. FUNCTIONS OF COMMISSION.
(a) In General.--The Commission shall study and make findings and
recommendations relating to the question of how the Government of the
United States may provide, in a balanced manner, for both security in
and public access to Federal buildings and other Federal property and
sites.
(b) Matters To Be Examined.--In carrying out this Act, the
Commission shall specifically examine matters that relate to the
security of, and open access to, public facilities and spaces,
including--
(1) Federal, other governmental, and private security
practices and proposals, building design, public space
management, counterterrorism needs, and refurbishment of
existing Federal facilities;
(2) the effect of access to public facilities and spaces
on--
(A) maintenance of security and safety;
(B) free speech, the right to petition the
Government, and other constitutional rights and civil
liberties;
(C) economies of affected jurisdictions or parts
thereof;
(D) physical changes and architectural aesthetics
of affected areas;
(E) traffic and congestion; and
(F) job performance of employees within the
affected facilities;
(3) current and potential uses of technology to augment or
replace traditional modes of security;
(4) practices of and comparisons with other entities and
nations; and
(5) current and potential analytical methods of assessing
the risks posed by the various forms of terrorism, balanced
against the specific needs and values of open access.
(c) Coordination of Activities.--The Commission shall take
appropriate measures to avoid unnecessary duplication of efforts
previously or currently being undertaken by any other person or entity.
SEC. 5. POWERS OF COMMISSION.
(a) In General.--The Commission or, on the authorization of the
Commission, any member or agent of the Commission may hold such
hearings, sit and act at such times and places, take such testimony,
and receive such evidence as the Commission considers appropriate to
carry out this Act.
(b) Obtaining Official Information.--The Commission may secure
directly from any department, agency, or other entity of the United
States information necessary to enable it to carry out this Act. Upon
request of the Chairperson of the Commission, the head of such
governmental entity shall furnish, to the extent authorized by law,
such information to the Commission.
(c) Security.--
(1) Security clearances.--The members and staff of the
Commission shall hold, as a condition of appointment to or
employment with the Commission, appropriate security clearances
for access to the classified briefing, records, and materials
to be reviewed by the Commission or its staff and shall follow
the guidance and practices on security under applicable
Executive orders and agency directives.
(2) Conditions to granting access.--The head of an agency
shall require, as a condition of granting access to a member of
the Commission or a member of the staff of the Commission to
classified records or materials of the agency under this Act,
require the member to--
(A) execute an agreement regarding the security of
such records or materials that is approved by the head
of the agency; and
(B) hold an appropriate security clearance granted
or recognized under the standard procedures and
eligibility criteria of the agency, including any
special access approval required for access to such
records or materials.
(3) Restriction on use.--The members of the Commission and
the members of the staff of the Commission may not use any
information acquired in the course of their official activities
on the Commission for nonofficial purposes.
(4) Need to know.--For purposes of any law or regulation
governing access to classified information that pertains to the
national security of the United States and to facilitate the
advisory functions of the Commission under this Act, a member
of the Commission or a member of the staff of the Commission
seeking access to a record or material under this Act shall be
deemed for purposes of this subsection to have a need to know
the contents of the record or material.
(5) Rule of construction.--A reference in this subsection
to the ``staff of the Commission'' includes individuals
described in sections 6(d) and 6(e).
(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) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
(f) Administrative Support Services.--The Administrator of General
Services shall provide to the Commission, on a reimbursable basis, such
administrative support services as the Commission may request.
SEC. 6. PERSONNEL MATTERS.
(a) Compensation of Members.--Members of the Commission shall not
be compensated by reason of their service on the Commission.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(c) Staff.--Subject to such rules as the Commission may prescribe,
the Chairperson of the Commission, without regard to the provisions of
title 5, United States Code, governing appointments in the competitive
service, and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title (relating to classification
and General Schedule pay rates), may appoint and fix the pay of a staff
director and such other personnel as may be necessary to enable the
Commission to carry out its functions; except that no rate of pay fixed
under this subsection may exceed the maximum rate of basic pay payable
for GS-15 of the General Schedule.
(d) Staff of Federal Agencies.--Upon request of the Chairperson of
the Commission, the head of any department or agency of the United
States may detail, on a nonreimbursable basis, any of the personnel of
that department or agency to the Commission to assist it in carrying
out its functions under this Act.
(e) Experts and Consultants.--With the approval of the Commission,
the Chairperson of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5, United States
Code, at rates for individuals not to exceed the daily equivalent of
the maximum rate of basic pay payable for GS-15 of the General
Schedule.
SEC. 7. REPORT.
(a) Submission to the President.--The Commission shall transmit its
final report to the President not later than 2 years after the initial
meeting of the Commission. Such report shall contain a detailed
statement of the findings and conclusions of the Commission, together
with its recommendations for such legislative, administrative, or other
action as the Commission considers appropriate.
(b) Submission to the Congress.--Not later than 6 months after
receiving the final report of the Commission under subsection (a), the
President shall transmit such report to Congress, together with any
comments or recommendations (including any proposed legislation) which
the President considers appropriate.
SEC. 8. TERMINATION OF COMMISSION.
The Commission shall terminate on the 90th day after the date on
which the Commission is required to submit its final report under
section 7(a).
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act--
(1) $5,000,000 for fiscal year 2015; and
(2) $5,000,000 for fiscal year 2016. | United States Commission on an Open Society with Security Act of 2014 - Establishes the United States Commission on an Open Society with Security to study how the government may provide for both security in, and public access to, federal buildings and other federal property and sites. Directs the Commission to examine: (1) government and private security practices and proposals, building design, public space management, counterterrorism needs, and refurbishment of existing federal facilities; (2) the effect of access to public facilities and spaces on free speech, the right to petition the government, other constitutional rights and civil liberties, economies of affected jurisdictions, architectural aesthetics, traffic and congestion, and employee job performance; (3) technology to augment or replace traditional modes of security; and (4) methods of assessing the risks posed by terrorism, balanced against the needs and values of open access. | {"src": "billsum_train", "title": "United States Commission on an Open Society with Security Act of 2014"} | 2,261 | 173 | 0.559193 | 1.678757 | 0.791521 | 5.208333 | 12.77381 | 0.970238 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Crosby-Puller Combat Wounds
Compensation Act''.
SEC. 2. CONTINUATION OF SPECIAL PAYS AND ALLOWANCES FOR MEMBERS OF THE
ARMED FORCES WOUNDED OR INJURED IN COMBAT ZONES.
(a) Hazardous Duty Pay.--Section 301 of title 37, United States
Code, is amended by adding at the end the following new subsection:
``(g) A member of the armed forces entitled to incentive pay under
this section who is wounded or otherwise injured while assigned to duty
in an area for which special pay under section 310 of this title is
available and who is removed from the area for treatment of the wound
or injury shall continue to be paid incentive pay under this section at
the rate in effect for the member when the member received the wound or
injury until the earliest of the following dates:
``(1) The date on which the member is found to be
physically fit to perform the duties of the member's office,
grade, rank, or rating.
``(2) The date on which the member is discharged or
separated from the armed forces.
``(3) The date on which the member dies.''.
(b) Aviation Career Incentive Pay for Officers.--Section 301a of
such title is amended by adding at the end the following new
subsection:
``(g) An officer entitled to incentive pay under this section who
is wounded or otherwise injured while assigned to duty in an area for
which special pay under section 310 of this title is available and who
is removed from the area for treatment of the wound or injury shall
continue to be paid incentive pay under this section at the rate in
effect for the officer when the officer received the wound or injury
until the earliest of the following dates:
``(1) The date on which the officer is found to be
physically fit to perform the duties of the officer's office,
grade, rank, or rating.
``(2) The date on which the officer is discharged or
separated from the armed forces.
``(3) The date on which the officer dies.''.
(c) Career Enlisted Flier Incentive Pay.--Section 320 of such title
is amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new
subsection (i):
``(i) Continuation When Wounded or Injured in Combat Zone.--A
member entitled to incentive pay under this section who is wounded or
otherwise injured while assigned to duty in an area for which special
pay under section 310 of this title is available and who is removed
from the area for treatment of the wound or injury shall continue to be
paid incentive pay under this section at the rate in effect for the
member when the member received the wound or injury until the earliest
of the following dates:
``(1) The date on which the member is found to be
physically fit to perform the duties of the member's office,
grade, rank, or rating.
``(2) The date on which the member is discharged or
separated from the armed forces.
``(3) The date on which the member dies.''.
(d) Hardship Duty Pay.--Section 305 of such title is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Continuation When Wounded or Injured in Combat Zone.--A
member of the armed forces entitled to hardship duty pay under
subsection (a) who is wounded or otherwise injured while assigned to
duty in an area for which special pay under section 310 of this title
is available and who is removed from the area for treatment of the
wound or injury shall continue to be paid hardship duty pay under
subsection (a) at the rate in effect for the member when the member
received the wound or injury until the earliest of the following dates:
``(1) The date on which the member is found to be
physically fit to perform the duties of the member's office,
grade, rank, or rating.
``(2) The date on which the member is discharged or
separated from the armed forces.
``(3) The date on which the member dies.''.
(e) Imminent Danger Pay.--Subsection (b) of section 310 of such
title is amended to read as follows:
``(b) Continuation When Wounded or Injured in Combat Zone.--A
member who is wounded or otherwise injured while assigned to duty in an
area for which special pay is available under this section and who is
removed from the area for treatment of the wound or injury shall
continue to be paid such special pay at the rate in effect for the
member when the member received the wound or injury until the earliest
of the following dates:
``(1) The date on which the member is found to be
physically fit to perform the duties of the member's office,
grade, rank, or rating.
``(2) The date on which the member is discharged or
separated from the armed forces.
``(3) The date on which the member dies.''.
(f) Travel and Transportation Per Diem.--Section 405 of such title
is amended by adding at the end the following new subsection:
``(d) Continuation When Wounded or Injured in Combat Zone.--A
member of the armed forces entitled to a per diem under this section
who is wounded or otherwise injured while assigned to duty in an area
for which special pay under section 310 of this title is available and
who is removed from the area for treatment of the wound or injury shall
continue to be paid such per diem at the rate in effect for the member
when the member received the wound or injury until the earliest of the
following dates:
``(1) The date on which the member is found to be
physically fit to perform the duties of the member's office,
grade, rank, or rating.
``(2) The date on which the member is discharged or
separated from the armed forces.
``(3) The date on which the member dies.''.
(g) Family Separation Allowance.--Section 427 of such title is
amended by adding at the end the following new subsection:
``(f) Continuation When Wounded or Injured in Combat Zone.--A
member of the armed forces entitled to an allowance under subsection
(a) who is wounded or otherwise injured while assigned to duty in an
area for which special pay under section 310 of this title is available
and who is removed from the area for treatment of the wound or injury
shall continue to be paid the allowance at the rate in effect for the
member when the member received the wound or injury until the earliest
of the following dates:
``(1) The date on which the member is found to be
physically fit to perform the duties of the member's office,
grade, rank, or rating.
``(2) The date on which the member is discharged or
separated from the armed forces.
``(3) The date on which the member dies.''.
SEC. 3. REPEAL OF TIME LIMITATION ON EXCLUSION OF COMBAT ZONE
COMPENSATION BY REASON OF HOSPITALIZATION.
(a) In General.--Subsections (a)(2) and (b)(2) of section 112 of
the Internal Revenue Code of 1986 are each amended by striking ``; but
this paragraph shall not apply for any month beginning more than 2
years after the date of the termination of combatant activities in such
zone''.
(b) Effective Date.--The amendments made by this section shall
apply to compensation received for months ending after the date of the
enactment of this Act. | Crosby-Puller Combat Wounds Compensation Act - Continues hazardous duty pay, aviation career incentive pay, career enlisted flier incentive pay, hardship duty pay, imminent danger pay, the travel or transportation per diem for duty outside the United States or in Hawaii or Alaska, and the family separation allowance for members of the Armed Forces who are wounded or injured in combat zones and removed from the area for treatment until such time as the member: (1) is found physically fit to perform the duties of the member's office, grade, rank, or rating; (2) is discharged or separated; or (3) dies.
Amends the Internal Revenue Code of 1986 to repeal the time limitation on the income tax exclusion for combat zone compensation resulting from hospitalization due to wounds, disease, or injury incurred in such combat zone. | {"src": "billsum_train", "title": "To amend title 37, United States Code, to ensure that a member of the Armed Forces who is wounded or otherwise injured while serving in a combat zone will continue to receive certain special pays and allowances associated with such service, and will continue to receive the benefit of the combat zone tax exclusion associated with the pay and allowances of the member, while the member recovers from the wound or injury, and for other purposes."} | 1,706 | 179 | 0.630134 | 1.764627 | 0.710395 | 3.25625 | 10.175 | 0.93125 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Surveillance Oversight Act
of 2003''.
SEC. 2. IMPROVEMENTS TO FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.
(a) Rules and Procedures for FISA Courts.--Section 103 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) is
amended by adding at the end the following new subsection:
``(e)(1) The courts established pursuant to subsections (a) and (b)
may establish such rules and procedures, and take such actions, as are
reasonably necessary to administer their responsibilities under this
Act.
``(2) The rules and procedures established under paragraph (1), and
any modifications of such rules and procedures, shall be recorded, and
shall be transmitted to the following:
``(A) All of the judges on the court established pursuant
to subsection (a).
``(B) All of the judges on the court of review established
pursuant to subsection (b).
``(C) The Chief Justice of the United States.
``(D) The Committee on the Judiciary of the Senate.
``(E) The Select Committee on Intelligence of the Senate.
``(F) The Committee on the Judiciary of the House of
Representatives.
``(G) The Permanent Select Committee on Intelligence of the
House of Representatives.''.
(b) Reporting Requirements.--(1) The Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is further amended--
(A) by redesignating title VI as title VII, and section 601
as section 701, respectively; and
(B) by inserting after title V the following new title:
``TITLE VI--PUBLIC REPORTING REQUIREMENT
``public report of the attorney general
``Sec. 601. In addition to the reports required by sections 107,
108, 306, 406, and 502, in April of each year, the Attorney General
shall issue a public report setting forth with respect to the preceding
calendar year--
``(1) the aggregate number of United States persons
targeted for orders issued under this Act, including those
targeted for--
``(A) electronic surveillance under section 105;
``(B) physical searches under section 304;
``(C) pen registers under section 402; and
``(D) access to records under section 501;
``(2) the number of times that the Attorney General has
authorized that information obtained under such sections or any
information derived therefrom may be used in a criminal
proceeding;
``(3) the number of times that a statement was completed
pursuant to section 106(b), 305(c), or 405(b) to accompany a
disclosure of information acquired under this Act for law
enforcement purposes; and
``(4) in a manner consistent with the protection of the
national security of the United States--
``(A) the portions of the documents and
applications filed with the courts established under
section 103 that include significant construction or
interpretation of the provisions of this Act or any
provision of the United States Constitution, not
including the facts of any particular matter, which may
be redacted;
``(B) the portions of the opinions and orders of
the courts established under section 103 that include
significant construction or interpretation of the
provisions of this Act or any provision of the United
States Constitution, not including the facts of any
particular matter, which may be redacted; and
``(C) in the first report submitted under this
section, the matters specified in subparagraphs (A) and
(B) for all documents and applications filed with the
courts established under section 103, and all otherwise
unpublished opinions and orders of that court, for the
4 years before the preceding calendar year in addition
to that year.''.
(2) The table of contents for that Act is amended by striking the
items for title VI and inserting the following new items:
``TITLE VI--PUBLIC REPORTING REQUIREMENT
``Sec. 601. Public report of the Attorney General.
``TITLE VII--EFFECTIVE DATE
``Sec. 701. Effective date.''.
SEC. 3. ADDITIONAL IMPROVEMENTS OF CONGRESSIONAL OVERSIGHT OF
SURVEILLANCE ACTIVITIES.
(a) Title 18, United States Code.--Section 2709(e) of title 18,
United States Code, is amended by adding at the end the following new
sentence: ``The information shall include a separate statement of all
such requests made of institutions operating as public libraries or
serving as libraries of secondary schools or institutions of higher
education.''.
(b) Right to Financial Privacy Act of 1978.--Section 1114(a)(5)(C)
of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(C))
is amended to read as follows:
``(C)(i) On a semiannual basis the Attorney General shall fully
inform the congressional intelligence committees, the Committee on the
Judiciary of the House of Representatives, and the Committee on the
Judiciary of the Senate concerning all requests made pursuant to this
paragraph.
``(ii) In the case of the semiannual reports required to be
submitted under clause (i) to the congressional intelligence
committees, the submittal dates for such reports shall be as provided
in section 507 of the National Security Act of 1947.
``(iii) In this subparagraph, the term `congressional intelligence
committees' has the meaning given that term in section 3 of the
National Security Act of 1947 (50 U.S.C. 401a).''.
(c) Fair Credit Reporting Act.--Section 625(h)(1) of the Fair
Credit Reporting Act (15 U.S.C. 1681u(h)(1)), as amended by section
811(b)(8)(B) of the Intelligence Authorization Act for Fiscal Year 2003
(Public Law 107-306), is further amended--
(1) by striking ``and the Committee on Banking, Finance and
Urban Affairs of the House of Representatives'' and inserting
``, the Committee on Financial Services, and the Committee on
the Judiciary of the House of Representatives''; and
(2) by striking ``and the Committee on Banking, Housing,
and Urban Affairs of the Senate'' and inserting ``, the
Committee on Banking, Housing, and Urban Affairs, and the
Committee on the Judiciary of the Senate''. | Domestic Surveillance Oversight Act of 2003 - Amends the Foreign Intelligence Surveillance Act (FISA) to authorize courts established to hear applications, grant orders, and review denials regarding electronic surveillance to establish rules and procedures and take actions necessary to administer their responsibilities under FISA. Directs that such rules and procedures be transmitted to the judges on such courts, the Chief Justice of the United States, and specified congressional committees. Requires the Attorney General to issue a public report annually on the aggregate number of U.S. persons targeted for FISA orders and the number of times that the Attorney General has authorized that such information be used in a criminal proceeding.Amends: (1) the Federal criminal code to require that the semiannual report of the Director of the Federal Bureau of Investigation (FBI) to the intelligence and judiciary committees concerning requests for access to telephone and transactional records include a separate statement of requests made of institutions operating as public libraries or serving as libraries of secondary schools or institutions of higher education; (2) the Right to Financial Privacy Act of 1978 to require that the Attorney General's semiannual report regarding requests for financial records go to the judiciary committees; and (3) the Fair Credit Reporting Act to require that the Attorney General's semiannual report regarding disclosures by credit reporting agencies to the FBI be made to the judiciary committees. | {"src": "billsum_train", "title": "A bill to amend the Foreign Intelligence Surveillance Act of 1978 to improve the administration and oversight of foreign intelligence surveillance, and for other purposes."} | 1,480 | 294 | 0.5794 | 1.564673 | 0.7394 | 3.079365 | 5.198413 | 0.880952 |
SECTION 1. GRANTS TO ENCOURAGE USE OF SABBATICAL LEAVE FOR PROFESSIONAL
DEVELOPMENT.
(a) In General.--Part B of title II of the Elementary and Secondary
Education Act of 1965 is amended by adding at the end the following:
``SEC. 2212. GRANTS FOR SALARY DURING SABBATICAL LEAVE.
``(a) Program Authorized.--The Secretary may make grants to State
educational agencies and local educational agencies to pay such
agencies for one-half of the amount of the salary that otherwise would
be earned by an eligible teacher described in subsection (b), if, in
lieu of fulfilling the teacher's ordinary teaching assignment, the
teacher completes a course of study described in subsection (c) during
a sabbatical term described in subsection (d).
``(b) Eligible Teachers.--An eligible teacher described in this
subsection is a teacher who--
``(1) is employed by an agency receiving a grant under this
section to provide classroom instruction to children at an
elementary or secondary school that provides free public
education;
``(2) has secured from such agency, and any other person or
agency whose approval is required under State law, approval to
take sabbatical leave for a sabbatical term described in
subsection (d);
``(3) has submitted to the agency an application for a
subgrant at such time, in such manner, and containing such
information as the agency may require, including--
``(A) written proof--
``(i) of the approval described in
paragraph (2); and
``(ii) of the teacher's having been
accepted for enrollment in a course of study
described in subsection (c); and
``(B) assurances that the teacher--
``(i) will notify the agency in writing
within a reasonable time if the teacher
terminates enrollment in the course of study
described in subsection (c) for any reason;
``(ii) in the discretion of the agency,
will reimburse to the agency some or all of the
amount of the subgrant if the teacher fails to
complete the course of study; and
``(iii) otherwise will provide the agency
with proof of having completed such course of
study not later than 60 days after such
completion; and
``(4) has been selected by the agency to receive a
subgrant based on the agency's plan for meeting its
classroom needs.
``(c) Course of Study.--A course of study described in this
subsection is a course of study at an institution of higher education
that--
``(1) requires not less than one academic semester and not
more than one academic year to complete;
``(2) is open for enrollment for professional development
purposes to an eligible teacher described in subsection (b);
and
``(3) is designed to improve the classroom teaching of such
teachers through academic and child development studies.
``(d) Sabbatical Term.--A sabbatical term described in this
subsection is a leave of absence from teaching duties granted to an
eligible teacher for not less than one academic semester and not more
than one academic year, during which period the teacher receives--
``(1) one-half of the amount of the salary that otherwise
would be earned by the teacher, if the teacher had not been
granted a leave of absence, from State or local funds made
available by a State educational agency or a local educational
agency; and
``(2) one-half of such amount from Federal funds received
by such agency through a grant under this section.
``(e) Payments.--
``(1) To eligible teachers.--In making a subgrant to an
eligible teacher under this section, a State educational agency
or a local educational agency shall agree to pay the teacher,
for tax and administrative purposes, as if the teacher's
regular employment and teaching duties had not been suspended.
``(2) Repayment of secretary.--A State educational agency
or a local educational agency receiving a grant under this
section shall agree to pay over to the Secretary the Federal
share of any amount recovered by the agency pursuant to
subsection (b)(3)(B)(ii).
``(f) Funding.--For the purpose of carrying out this section, there
are authorized to be appropriated $200,000,000 for fiscal year 2000 and
such sums as may be necessary for fiscal years 2001 through 2004. Such
sums shall be in addition to the amount authorized to be appropriated
to carry out this part under section 2003.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect beginning with fiscal year 2000. | Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to make grants to State and local educational agencies to pay for one-half of the salaries of teachers who use approved sabbatical leave to pursue courses of study to improve their classroom teaching.
Authorizes appropriations. | {"src": "billsum_train", "title": "To amend the Elementary and Secondary Education Act of 1965 to provide grants to State and local educational agencies to pay such agencies for one-half of the salary of a teacher who uses approved sabbatical leave to pursue a course of study that will improve his or her classroom teaching."} | 1,009 | 65 | 0.573734 | 1.280685 | 0.826192 | 2.745455 | 17.381818 | 0.818182 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Significant Regulation Oversight Act
of 1998''.
SEC. 2. FINDING AND PURPOSE.
(a) Finding.--The Congress finds that oversight of significant
rules will be enhanced if they are subject to congressional review and
approval after being proposed by an agency.
(b) Purpose.--The purpose of this Act is to ensure that before a
significant rule takes effect--
(1) Congress is given an adequate opportunity to review the
rule and ensure that it is in accordance with the intent of
Congress in enacting the law under which the rule is proposed;
and
(2) Congress approves the rule in accordance with the
procedures established by this Act.
SEC. 3. REVIEW OF SIGNIFICANT RULES BY CONGRESS.
(a) Congressional Approval of Significant Rules Required.--A
significant rule shall not take effect before the date of the enactment
of a joint resolution described in section 4(a) comprised solely of the
text of the significant rule.
(b) Reporting and Review of Significant Rules.--(1) Before a
proposed significant rule would take effect as a final rule, the agency
proposing the rule shall submit to each House of Congress a report
containing the following:
(A) A copy of the proposed significant rule.
(B) A concise summary of the proposed significant rule, its
purpose, and anticipated effects.
(C) A complete copy of any cost-benefit analysis report
that has been prepared by the agency with respect to the
proposed significant rule.
(D) An explanation of the specific statutory interpretation
under which a rule is proposed, including an explanation of--
(i) whether the interpretation is expressly
required by the text of the statute; or
(ii) if the interpretation is not expressly
required by the text of the statute, an explanation
that the interpretation is within the range of
permissible interpretations of the statute as
identified by the agency, and an explanation why the
interpretation selected by the agency is the agency's
preferred interpretation.
(E) Any other relevant information or requirements under
any other Act and any relevant Executive order.
(2) Upon receipt of a report under paragraph (1), each House of
Congress shall provide a copy of the report to the Chairman and ranking
minority party member of each committee with jurisdiction over the
subject matter of the report.
(c) No Inference To Be Drawn Where Congress Fails To Approve.--If
Congress fails to enact a joint resolution approving a proposed
significant rule, no court or agency may infer any intent of Congress
from any action or inaction of Congress with regard to such rule or any
related statute.
SEC. 4. CONGRESSIONAL APPROVAL PROCEDURE FOR SIGNIFICANT RULES.
(a) Introduction.--The majority leader of each House of the
Congress shall introduce (by request) a joint resolution comprised
solely of the text of a proposed significant rule not later than 3
session days in the Senate or 3 legislative days in the House of
Representatives after the date on which an agency submits a report
under section 3(b) containing the text of the proposed significant
rule. If the joint resolution is not introduced in either House as
provided in the preceding sentence, then any Member of that House may
introduce the joint resolution.
(b) Referral and Consideration.--(1) The joint resolution shall be
referred to the appropriate committee of the House in which it is
introduced. The committee may report the joint resolution without
substantive revision and with or without recommendation or with an
adverse recommendation, or the committee may vote not to report the
joint resolution. If the committee votes to order the joint resolution
reported, it shall be reported not later than the end of the period
(not to exceed 45 session days in the Senate or 45 legislative days in
the House of Representatives) established for consideration of the
joint resolution by the Speaker of the House of Representatives or the
majority leader of the Senate, as the case may be. Except in the case
of a joint resolution which a committee votes not to report, a
committee failing to report a joint resolution within such period shall
be automatically discharged from consideration of the joint resolution,
and it shall be placed on the appropriate calendar.
(2) A vote on final passage of the joint resolution shall be taken
in that House on or before the close of the 90th session day in the
Senate or 90th legislative day in the House of Representatives after
the date of the introduction of the joint resolution in that House.
(3)(A) A motion in the House of Representatives to proceed to the
consideration of a joint resolution under this section shall be highly
privileged and not debatable. An amendment to the motion shall not be
in order, nor shall it be in order to move to reconsider the vote by
which the motion is agreed to or disagreed to.
(B) Debate in the House of Representatives on a joint resolution
under this section shall be limited to not more than 4 hours, which
shall be divided equally between those favoring and those opposing the
joint resolution. A motion further to limit debate shall not be
debatable. It shall not be in order to move to recommit a joint
resolution under this section or to move to reconsider the vote by
which the joint resolution is agreed to or disagreed to.
(C) All appeals from the decisions of the chair relating to the
application of the Rules of the House of Representatives to the
procedure relating to a joint resolution under this section shall be
decided without debate.
(D) Except to the extent specifically provided in the preceding
provisions of this subsection, consideration of a joint resolution
under this section shall be governed by the Rules of the House of
Representatives applicable to other joint resolutions in similar
circumstances.
(4)(A) A motion in the Senate to proceed to the consideration of a
joint resolution under this section shall be privileged and not
debatable. An amendment to the motion shall not be in order, nor shall
it be in order to move to reconsider the vote by which the motion is
agreed to or disagreed to.
(B) Debate in the Senate on a joint resolution under this section,
and all debatable motions and appeals in connection therewith, shall be
limited to not more than 10 hours. The time shall be equally divided
between, and controlled by, the majority leader and the minority leader
or their designees.
(C) Debate in the Senate on any debatable motion or appeal in
connection with a joint resolution under this section shall be limited
to not more than 1 hour, to be equally divided between, and controlled
by, the mover and the manager of the joint resolution, except that in
the event the manager of the joint resolution is in favor of any such
motion or appeal, the time in opposition thereto, shall be controlled
by the minority leader or his designee. Such leaders, or either of
them, may, from time under their control on the passage of a joint
resolution, allot additional time to any Senator during the
consideration of any debatable motion or appeal.
(D) A motion in the Senate to further limit debate on a joint
resolution under this section is not debatable. A motion to recommit a
joint resolution under this section is not in order.
(c) Amendments Prohibited.--No amendment to a joint resolution
considered under this section shall be in order in either the House of
Representatives or the Senate. No motion to suspend the application of
this subsection shall be in order in either House, nor shall it be in
order in either House for the presiding officer to entertain a request
to suspend the application of this subsection by unanimous consent.
(d) Treatment if the Other House Has Acted.--If, before the passage
by one House of a joint resolution of that House described in
subsection (a), that House receives from the other House a joint
resolution described in subsection (a) comprised of the same text,
then--
(1) the procedure in that House shall be the same as if no
joint resolution had been received from the other House, and
(2) the vote on final passage shall be on the joint
resolution of the other House.
(e) Constitutional Authority.--This section is enacted by
Congress--
(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such it
is deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a joint resolution described in
subsection (a), and it supersedes other rules only to the
extent that it is inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
SEC. 5. EXISTING RULES.
(a) In General.--Any existing rule may be revised or revoked in
accordance with this section if a petition for review so requests.
(b) Introduction.--If a petition for review is filed with the Clerk
of the House of Representatives or the Secretary of the Senate, the
Clerk or the Secretary shall determine whether the petition meets the
requirements of subsection (d). If the Clerk or the Secretary
determines that a petition meets those requirements, he or she shall
notify the majority leader of that House. The majority leader so
notified shall, within 3 session days in the Senate or 3 legislative
days in the House of Representatives, introduce a joint resolution (by
request) that makes the revision or revocation of existing rules
proposed by the petition upon the enactment of that joint resolution.
If the joint resolution is not introduced as provided in the preceding
sentence, then any Member of that House may introduce the joint
resolution.
(c) Procedures for Consideration in the House of Representatives
and the Senate.--Any joint resolution introduced under subsection (b)
shall be considered in the House of Representatives and the Senate in
accordance with the procedures respecting a joint resolution set forth
in section 4.
(d) Petitions for Review.--A petition for review under subsection
(a) shall contain the following:
(1) Any rule affected by the petition and the contents of
that rule as it would exist if a joint resolution revising or
revoking that rule pursuant to the petition were enacted.
(2) For a petition in the Senate, the signatures of 30
Senators, or for a petition in the House of Representatives,
the signatures of 120 Members.
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) Agency.--The term ``agency'' has the meaning given that
term in section 551 of title 5, United States Code (relating to
administrative procedure).
(2) Session day and legislative day.--The terms ``session
day'' and ``legislative day'' do not include, with respect to a
House of the Congress, any day throughout which that House is
not in session.
(3) Rule.--(A) The term ``rule'' has the meaning given such
term by section 551 of title 5, United States Code, except that
such term does not include--
(i) any rule of particular applicability including
a rule that approves or prescribes--
(I) future rates, wages, prices, services,
or allowances therefor,
(II) corporate or financial structures,
reorganizations, mergers, or acquisitions
thereof, or
(III) accounting practices or disclosures
bearing on any of the foregoing, or
(ii) any rule of agency organization, personnel,
procedure, practice, or any routine matter.
(B) The term ``final rule'' means any final rule or interim
final rule.
(4) Significant rule.--The term ``significant rule'' means
any rule proposed by an agency that is specified or described
as such in the Act that authorizes the rule.
SEC. 7. EXEMPTION FOR MONETARY POLICY.
Nothing in this Act applies to any rule concerning monetary policy
proposed or implemented by the Board of Governors of the Federal
Reserve System or the Federal Open Market Committee. | Significant Regulation Oversight Act of 1998 - Prohibits a significant rule from taking effect before the enactment of a joint resolution described in section four of this Act comprised solely of the text of the rule.
Requires, before a proposed significant rule takes effect as a final rule, the agency proposing the rule to submit to each House of Congress a report containing: (1) a copy of the proposed rule; (2) a concise summary of such rule, its purpose, and anticipated effects; (3) a complete copy of any cost-benefit analysis report that has been prepared by the agency with respect to the rule; (4) an explanation of the specific statutory interpretation under which a rule is proposed; and (5) any other relevant information or requirements under any other Act and any relevant Executive order.
Requires each House of the Congress to provide a copy of the report to the Chairman and ranking minority party member of each committee with jurisdiction over the subject matter of the report.
States that if the Congress fails to enact a joint resolution as prescribed in this Act approving a proposed significant rule, no court or agency may infer any intent of the Congress from any action or inaction with regard to such rule or any related statute.
(Sec. 4) Requires the majority leader of each House of the Congress to introduce (by request) a joint resolution comprised solely of the text of the proposed significant rule within three session days in the Senate or three legislative days in the House of Representatives after the date on which an agency submits the report containing the text of the proposed significant rule. Allows any Member of either House to introduce the resolution if it is not introduced in that House as provided in the preceding sentence.
Outlines House and Senate committee and floor procedures for approval of the joint resolution.
(Sec. 5) Allows any existing rule to be revised or revoked in accordance with this Act if a petition for review so requests.
(Sec. 6) Defines "significant rule" for purposes as any rule proposed by an agency that is specified or described as such in the Act that authorizes the rule.
(Sec. 7) States that nothing in this Act applies to any rule concerning monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee. | {"src": "billsum_train", "title": "Significant Regulation Oversight Act of 1998"} | 2,651 | 513 | 0.770634 | 2.422946 | 0.841992 | 5.704595 | 5.490153 | 0.960613 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Civilian and Uniformed
Services Long-Term Care Insurance Act of 1999''.
SEC. 2. LONG-TERM CARE INSURANCE.
Subpart G of part III of title 5, United States Code, is amended by
adding at the end the following:
``Chapter 90--Long-Term Care Insurance
``Sec.
``9001. Definitions.
``9002. Eligibility to obtain coverage.
``9003. Contracting authority.
``9004. Long-term care benefits.
``9005. Financing.
``9006. Regulations.
``Sec. 9001. Definitions
``For purposes of this chapter:
``(1) Employee.--The term `employee' means--
``(A) an employee as defined by section 8901(1)(A)-
(H); and
``(B) an individual described in section 2105(e).
``(2) Annuitant.--The term `annuitant' has the meaning such
term would have under paragraph (3) of section 8901 if, for
purposes of such paragraph, the term `employee' were considered
to have the meaning given to it under paragraph (1) of this
subsection.
``(3) Qualified relative.--The term `qualified relative',
as used with respect to a sponsoring individual, means--
``(A) the spouse of such sponsoring individual;
``(B) a parent or parent-in-law of such sponsoring
individual; and
``(C) any other person bearing a relationship to
such sponsoring individual specified by the Office in
regulations.
``(4) Sponsoring individual.--The term `sponsoring
individual' refers to an individual described in paragraph (1),
(2), (3), or (4) of section 9002(b).
``(5) Carrier.--The term `carrier' means a voluntary
association, corporation, partnership, or other nongovernmental
organization which is lawfully engaged in providing, paying
for, or reimbursing the cost of, qualified long-term care
services under group insurance policies or contracts, or
similar group arrangements, in consideration of premiums or
other periodic charges payable to the carrier.
``(6) Qualified long-term care services.--The term
`qualified long-term care services' has the meaning given such
term by section 7702B of the Internal Revenue Code of 1986.
``(7) Office.--The term `Office' means the Office of
Personnel Management.
``(8) Appropriate secretary.--The term `appropriate
Secretary' means--
``(A) except as otherwise provided in this
paragraph, the Secretary of Defense;
``(B) with respect to the Coast Guard when it is
not operating as a service of the Navy, the Secretary
of Transportation;
``(C) with respect to the commissioned corps of the
National Oceanic and Atmospheric Administration, the
Secretary of Commerce; and
``(D) with respect to the commissioned corps of the
Public Health Service, the Secretary of Health and
Human Services.
``Sec. 9002. Eligibility to obtain coverage
``(a) In General.--Any eligible individual may obtain long-term
care insurance coverage under this chapter for himself or herself, in
accordance with applicable provisions of this chapter.
``(b) Eligible Individual Defined.--For purposes of this section,
the term `eligible individual' means each of the following:
``(1) Employee.--An employee who has completed 6 months of
continuous service as an employee under other than a temporary
appointment limited to 6 months or less.
``(2) Annuitant.--An annuitant.
``(3) Member of the uniformed services.--A member of the
uniformed services on active duty for a period of more than 30
days or full-time National Guard duty (as defined in section
101(d)(5) of title 10) who satisfies such eligibility
requirements as the Office prescribes under section 9006(c).
``(4) Retired member of the uniformed services.--A member
of the uniformed services entitled to retired or retainer pay
(other than under chapter 1223 of title 10) who satisfies such
eligibility requirements as the Office prescribes under section
9006(c).
``(5) Qualified relative.--A qualified relative of a
sponsoring individual.
``(c) Certification Requirement.--As a condition for obtaining
long-term care insurance coverage under this chapter based on one's
status as a qualified relative, certification from the applicant's
sponsoring individual shall be required as to--
``(1) such sponsoring individual's status, as described in
paragraph (1), (2), (3), or (4) of subsection (b) (as
applicable), as of the time of the qualified relative's
application for coverage; and
``(2) the existence of the claimed relationship as of that
time.
Any such certification shall be submitted at such time and in such form
and manner as the Office shall by regulation prescribe.
``(d) Disqualifying Condition.--Nothing in this chapter shall be
considered to require that long-term care insurance coverage be made
available in the case of any individual who would be immediately
benefit eligible.
``Sec. 9003. Contracting authority
``(a) In General.--The Office may, without regard to section 3709
of the Revised Statutes or other statute requiring competitive bidding,
contract with qualified carriers to provide group long-term care
insurance under this chapter, except that the Office may not have
contracts in effect under this section with more than 3 qualified
carriers as of any given time.
``(b) Qualified Carriers.--To be considered a qualified carrier
under this chapter, a company must be licensed to issue group long-term
care insurance in all the States and the District of Columbia.
``(c) Terms and Conditions.--
``(1) In general.--Each contract under this section shall
contain a detailed statement of the benefits offered (including
any maximums, limitations, exclusions, and other definitions of
benefits), the rates charged (including any limitations or
other conditions on their subsequent adjustment), and such
other terms and conditions as may be mutually agreed to by the
Office and the carrier involved, consistent with the
requirements of this chapter.
``(2) Rates.--The rates charged under any contract under
this section shall reasonably reflect the cost of the benefits
provided under such contract.
``(d) Noncancelability.--The benefits and coverage made available
to individuals under any contract under this section shall be
guaranteed to be renewable and may not be canceled by the carrier
except for nonpayment of charges.
``(e) Payment of Required Benefits; Dispute Resolution.--Each
contract under this section shall require the carrier to agree--
``(1) to pay or provide benefits in an individual case if
the Office (or a duly designated third-party administrator)
finds that the individual involved is entitled thereto under
the terms of the contract; and
``(2) to participate in administrative procedures designed
to bring about the expeditious resolution of disputes arising
under such contract, including, in appropriate circumstances,
one or more alternative means of dispute resolution.
``(f) Duration.--
``(1) In general.--Each contract under this section shall
be for a term of 5 years, but may be made automatically
renewable from term to term in the absence of notice of
termination by either party. However, the rights and
responsibilities of the enrolled individual, the insurer, and
the Office (or duly designated third-party administrator) under
any such contract shall continue until the termination of
coverage of the enrolled individual.
``(2) Termination of individual coverage.--Group long-term
care insurance coverage obtained by an individual under this
chapter shall terminate only upon the occurrence of any of the
following:
``(A) Death.--The death of the insured.
``(B) Exhaustion of benefits.--Exhaustion of
benefits, as determined under the contract.
``(C) Insolvency.--Insolvency of the insurer, as
determined under the contract.
``(D) Cancellation.--Any event justifying a
cancellation under subsection (d).
``(3) Preservation of rights and responsibilities.--Each
contract under this section shall include such provisions as
may be necessary so as, except as provided in paragraph (2)--
``(A) to effectively preserve all parties' rights
and responsibilities under such contract
notwithstanding the termination of such contract
(whether due to its nonrenewal under the first sentence
of paragraph (1) or otherwise); and
``(B) to ensure that, once an individual becomes
duly enrolled, long-term care insurance coverage
obtained by such individual pursuant to that enrollment
shall not be terminated due to any change in status (as
described in section 9002(b)), such as separation from
Government service or the uniformed services, or
ceasing to meet the requirements for being considered a
qualified relative (whether due to divorce or
otherwise).
``Sec. 9004. Long-term care benefits
``(a) In General.--Benefits under this chapter shall be provided
under qualified long-term care insurance contracts, within the meaning
of section 7702B of the Internal Revenue Code of 1986.
``(b) Specific Matters To Be Included in All Contracts.--Each
contract under section 9003 shall, in addition to any matter otherwise
required under this chapter, provide for the following:
``(1) Adequate consumer protections (including through
establishment of sufficient reserves or reinsurance).
``(2) Adequate protections in the event of carrier
bankruptcy (or other similar event).
``(3) Availability of benefits upon appropriate
certification as to an individual's--
``(A) inability (without substantial assistance
from another individual) to perform at least 2
activities of daily living for a period of at least 90
days due to a loss of functional capacity;
``(B) having a level of disability similar (as
determined under regulations prescribed by
the Secretary of the Treasury in consultation with the Secretary of
Health and Human Services) to the level of disability described in
subparagraph (A); or
``(C) requiring substantial supervision to protect
such individual from threats to health and safety due
to severe cognitive impairment.
``(4) Choice of cash or service benefits (such as the
expense-incurred method or the indemnity method).
``(5) Inflation protection (whether through simple or
compounded adjustment of benefits).
``(6) Portability of benefits (consistent with subsections
(d) and (f) of section 9003).
``(c) Additional Specific Matters To Be Included in at Least One
Contract.--To the maximum extent practicable, as of any given time, at
least 1 of the policies being offered under this chapter shall, in
addition to any matter otherwise required under this chapter, provide
for the following:
``(1) Length-of-benefit options.
``(2) Options relating to the provision of coverage in a
variety of settings, including nursing homes, assisted living
facilities, and home and community care.
``(3) Options relating to elimination periods.
``(4) Options relating to nonforfeiture benefits.
``(5) Availability of benefits upon appropriate
certification of medical necessity (as defined by the Office in
consultation with the Secretary of Health and Human Services)
not satisfying the requirements of subsection (b)(3).
``(d) Governmentwide Plan.--
``(1) In general.--The Office shall take all practicable
measures to ensure that, of the long-term care benefits plans
available under this chapter as of any given time, at least one
of them shall be a Governmentwide long-term care benefits plan.
``(2) Definition.--For purposes of this subsection, the
term `long-term care benefits plan' means a group insurance
policy or contract, or similar group arrangement, provided by a
carrier for the purpose of providing, paying for, or
reimbursing expenses for qualified long-term care services.
``(3) Clarification.--Neither subsection (c)(5) nor the
exception set forth in the parenthetical matter under
subsection (e) shall apply with respect to any Governmentwide
plan under this subsection.
``(e) Coordination With Internal Revenue Code of 1986.--Nothing in
this chapter shall be considered to permit or require the inclusion, in
any contract, of provisions inconsistent with section 7702B or any
other provision of the Internal Revenue Code of 1986 (except to the
extent necessary to carry out subsection (c)(5)).
``(f) Coordination With State Requirements.--If a State (or the
District of Columbia) imposes any requirement which is more stringent
than the analogous requirement imposed by subsection (b)(1), the
requirement imposed by subsection (b)(1) shall be treated as met if the
more stringent requirement of the State (or the District of Columbia)
is met.
``(g) Definitions.--For purposes of this section:
``(1) Activities of daily living.--Each of the following is
an activity of daily living:
``(A) Eating.
``(B) Toileting.
``(C) Transferring.
``(D) Bathing.
``(E) Dressing.
``(F) Continence.
``(2) Nursing home.--The term `nursing home' has the
meaning given such term by section 1908 of the Social Security
Act.
``(3) Assisted living facility.--The term `assisted living
facility' has the meaning given such term by section 232 of the
National Housing Act.
``(4) Home and community care.--The term `home and
community care' has the meaning given such term by section 1929
of the Social Security Act.
``Sec. 9005. Financing
``(a) No Government Contribution.--Except as provided in subsection
(b)(2), each individual having long-term care insurance coverage under
this chapter shall be responsible for 100 percent of the charges for
such coverage.
``(b) Withholdings.--
``(1) In general.--The amount necessary to pay the charges
for enrollment shall--
``(A) in the case of an employee, be withheld from
the pay of such employee;
``(B) in the case of an annuitant, be withheld from
the annuity of such annuitant;
``(C) in the case of a member of the uniformed
services described in section 9002(b)(3), be withheld
from the basic pay of such member; and
``(D) in the case of a member of the uniformed
services described in section 9002(b)(4), be withheld
from the retired pay or retainer pay payable to such
member.
``(2) Voluntary withholdings for qualified relatives.--
Withholdings to pay the charges for enrollment of a qualified
relative may, upon election of the sponsoring individual
involved, be withheld under paragraph (1) in the same manner as
if enrollment were for such sponsoring individual.
``(3) Direct payments.--All amounts withheld under
paragraph (1) or (2) shall be paid directly to the carrier.
``(c) Other Forms of Payment.--Any enrollee whose pay, annuity, or
retired or retainer pay (as referred to in subsection (b)(1)) is
insufficient to cover the withholding required for enrollment (or who
is not receiving any regular amounts from the Government, as referred
to in subsection (b)(1), from which any such withholdings may be made)
shall pay an amount equal to the shortfall (or, in the case of an
enrollee not receiving any regular amounts, the full amount of those
charges) directly to the carrier.
``(d) Separate Fund Requirement.--Each carrier participating under
this chapter shall maintain all amounts received under this chapter
separate and apart from all other funds.
``(e) Reimbursements.--Contracts under this chapter shall include
appropriate provisions under which each carrier shall reimburse the
Office or other administering entity for the administrative costs
incurred by such entity under this chapter (such as for dispute
resolution) which are allocable to such carrier.
``Sec. 9006. Regulations
``(a) In General.--The Office shall prescribe regulations necessary
to carry out this chapter.
``(b) Enrollment.--The regulations of the Office shall prescribe
the time at which and the manner and conditions under which an
individual may obtain long-term care insurance under this chapter,
except that, under the regulations, an open enrollment period shall be
afforded at least once each year (similar to that afforded under
section 8905(f)).
``(c) Consultation.--Any regulations necessary to effect the
application and operation of this chapter with respect to an eligible
individual described in paragraph (3) or (4) of section 9002(b), or a
qualified relative thereof, shall be prescribed by the Office in
consultation with the appropriate Secretary.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date of
enactment of this Act, except that no coverage may become effective
before the first calendar year beginning after the expiration of the
18-month period beginning on the date of enactment of this Act. | Federal Civilian and Uniformed Services Long-Term Care Insurance Act of 1999 - Amends Federal civil service provisions to establish a program to provide for long-term care insurance for certain Federal employees and annuitants, current and retired members of the uniformed services, and qualified relatives of such individuals.
Authorizes the Office of Personnel Management (OPM), without regard to statutes requiring competitive bidding, to contract with up to three qualified carriers to provide group long-term care insurance under this Act. Sets forth contract terms, including a requirement that coverage may not be canceled, except for nonpayment of charges. Provides for five-year, automatically renewable insurance contracts. Describes conditions under which coverage may be terminated. Sets forth required elements of contracts, including portability of benefits. Requires OPM to ensure that at least one of the benefits plans is a Governmentwide plan.
Makes insured individuals responsible for 100 percent of the charges of coverage and allows sponsoring individuals to have amounts withheld from pay for coverage for qualified relatives.
Provides for an open enrollment period at least annually. | {"src": "billsum_train", "title": "Federal Civilian and Uniformed Services Long-Term Care Insurance Act of 1999"} | 3,864 | 238 | 0.500395 | 1.413791 | 0.792068 | 2.679612 | 17.354369 | 0.854369 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Increasing Competition in
Pharmaceuticals Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) As part of the Food and Drug Administration's mission
to protect the public health, the Food and Drug Administration
approves generic drugs that help establish competitive markets
for treatments that improve the lives of millions of patients
in the United States.
(2) Rising health care costs, including prescription drug
costs, continue to be a major concern for patients in the
United States.
(3) Eighty-eight percent of prescription drugs dispensed in
the United States, or nearly 9 out of every 10 prescriptions
dispensed, are generic drugs.
(4) Studies suggest that generic drugs account for only 28
percent of total prescription drug spending and were
responsible for $1,680,000,000,000 in estimated savings over
the period of 2005 to 2014.
(5) Increasing generic competition can be an effective way
to help keep prescription drug costs low for patients, the
health care system, and Federal and State government.
(6) Despite enactment of the Generic Drug User Fee
Amendments of 2012 (21 U.S.C. 379j-41 et seq.), which was
established to provide the Food and Drug Administration with
industry funding to ensure a more consistent timeline for
generic drug approvals, a significant backlog of abbreviated
new drug applications for generic drugs remains.
(7) The sudden, aggressive price hikes for a variety of
recently acquired off-patent drugs that have been used widely
for decades, for which there is no generic drug competitor,
also affects access to affordable prescriptions for patients
and the overall cost of health care in the United States.
(8) Improving the review of abbreviated new drug
applications and the approval of generic drugs would help to
improve competition and lower prices for patients.
(9) Establishing a clear timeframe for the Food and Drug
Administration to expedite the review of certain applications
for generic drugs would also help keep drug prices down and
improve timely access for patients.
TITLE I--REMOVING REGULATORY BARRIERS TO COMPETITION
SEC. 101. IMPROVING GENERIC ACCESS.
Section 505(j) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)) is amended by adding at the end the following:
``(11)(A) The Secretary shall prioritize the review, and act not
later than 150 calendar days after the date of the submission of an
application, on an application that has been submitted for review under
this subsection, or on a supplement to such an application, that is for
a drug that--
``(i) has been introduced into interstate commerce by not
more than one manufacturer or sponsor, as applicable, in the
last 3 months and with respect to which tentative approval
under paragraph (5) has been granted for not more than 2
applications; or
``(ii) has been included on the list under section 506E.
``(B) The fees pursuant to section 744B(a)(3) shall be waived with
respect to an application described in subparagraph (A), unless such
application contains a certification under paragraph (2)(A)(vii)(IV).
``(C) The Secretary may expedite an inspection or reinspection
under section 704 of an establishment that proposes to manufacture a
drug described in subparagraph (A).''.
SEC. 102. REPORTING ON PENDING GENERIC DRUG APPLICATIONS.
Not later than 90 calendar days after the date of enactment of this
Act, and every 90 calendar days thereafter until October 1, 2022, the
Secretary of Health and Human Services shall submit to the Committee on
Health, Education, Labor, and Pensions of the Senate, the Special
Committee on Aging of the Senate, and the Committee on Energy and
Commerce of the House of Representatives a report that provides--
(1) the number of applications that were filed under
section 505(j) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)) prior to October 1, 2015, that are pending at
the time the report is submitted;
(2) the average and median total time such applications
have been pending;
(3) the number of such applications that contain
certifications under section 505(j)(2)(A)(vii)(IV) of such Act;
and
(4) the number of such applications that are subject to
priority review.
TITLE II--INCENTIVIZING COMPETITION
SEC. 201. GENERIC PRIORITY REVIEW VOUCHER.
Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
351 et seq.) is amended by inserting after section 506G the following:
``SEC. 506H. GENERIC PRIORITY REVIEW VOUCHER.
``(a) Definitions.--In this section:
``(1) The term `priority review' with respect to an
application under section 505(j) means review and action by the
Secretary on such application by the Secretary not later than
150 calendar days after such application has been submitted for
review.
``(2) The term `priority review voucher' means a voucher
for priority review for an application under section 505(j).
Such voucher shall be awarded upon the approval of the
application described in 505(j)(11)(A), unless such application
contains a certification under subclauses (III) and (IV) of
section 505(j)(2)(A)(vii).
``(b) Generic Priority Review Vouchers, in General.--The Secretary
shall award a priority review voucher to the sponsor of an application
described in 505(j)(11)(A) upon approval by the Secretary of such
application.
``(c) Transferability.--
``(1) In general.--The recipient of a priority review
voucher under subsection (a) may transfer (including by sale)
the entitlement to such voucher. There is no limit on the
number of times a priority review voucher may be transferred
before such voucher is used.
``(2) Notification to the secretary.--Each person to whom a
voucher is transferred shall notify the Secretary of such
change in ownership of such voucher not later than 30 calendar
days after such transfer.
``(d) Notification.--The sponsor shall notify the Secretary not
later than 30 calendar days prior to the submission of a human drug
application that is intended to be the subject of a priority review
voucher, except in the case of such an application that was pending as
of October 1, 2015, in which case the sponsor of such pending
application shall notify the Secretary not later than 30 days after the
date on which such voucher is awarded.
``(e) Fees.--The sponsor of an application that is the subject of a
priority review voucher shall be subject to the fees required under
section 744A.
``(f) Clarification.--Nothing in this section affects any period of
exclusivity under this Act or the protection of any patent.
``(g) Revocation.--The Secretary may revoke any priority review
voucher awarded under subsection (b) if the drug for which such voucher
was awarded is not marketed in the United States within the 365-day
period beginning on the date of the approval of such drug.
``(h) Sunset.--The authority of the Secretary to carry out the
generic priority review voucher program under this section shall
terminate on October 1, 2022.''.
SEC. 202. TROPICAL DISEASE PRODUCT APPLICATION.
Section 524(a)(4)(A) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360n(a)(4)(A)) is amended--
(1) in clause (i), by striking ``and'';
(2) in clause (ii), by adding ``and'' after the semicolon;
and
(3) by adding at the end the following:
``(iii) that contains reports of new
clinical investigations (other than
bioavailability studies) essential to the
approval of the application and conducted or
sponsored by the applicant;''.
TITLE III--STUDY ON REMS
SEC. 301. STUDY ON REMS.
(a) In General.--The Comptroller General shall conduct a review of
the implementation and effectiveness of section 505-1 of the Food,
Drug, and Cosmetic Act (21 U.S.C. 355-1) (referred to in this section
as the ``REMS program''), which section--
(1) authorizes the Secretary of Health and Human Services
to require a risk evaluation and mitigation strategy (referred
to in this section as ``REMS''); and
(2) codifies and expands regulations issued by the Food and
Drug Administration under which the Food and Drug
Administration may impose restrictions on distribution
necessary to ensure a drug is safely used.
(b) Contents of Study.--In conducting the review under subsection
(a), the Comptroller General shall examine each relevant element
described in subsection (c) with respect to each of the following
categories:
(1) New drug applications under subsection (b) of section
505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355(b)).
(2) Abbreviated new drug applications under subsection (j)
of such section.
(3) Applications for the license of a biological product
under section 351 of the Public Health Service Act (42 U.S.C.
262).
(4) Single, shared system REMS, as described in section
505-1(i) of the Food, Drug, and Cosmetic Act (21 U.S.C. 355-
1(i)).
(5) Controlled substances as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802).
(6) RISKMAPs or other risk management processes employed by
the Food and Drug Administration.
(c) Elements Under Review.--In conducting the review under
subsection (a), the Comptroller General shall examine each of the
following elements with respect to each relevant category described in
subsection (b).
(1) For each type of application, and by year, the number
of REMS required, submitted, voluntarily submitted, modified,
added, approved, or removed, and whether those REMS included
elements to assure safe use, such as restricted distribution.
(2) For each type of application, the number of REMS in
effect at the time of the review and the number of years that
each such REMS has been in effect at such time.
(3) If and how the REMS program has improved drug safety,
as compared to the time before the REMS program became
effective, and how the Food and Drug Administration tracks such
improvements.
(4) The burdens associated with REMS, including burdens on
patients, health care providers, generic drug manufacturers,
and brand drug manufacturers.
(5) In the case of a REMS program for a drug containing a
controlled substance, the coordination between the Food and
Drug Administration and the Drug Enforcement Administration.
(6) The impact of additional risk mitigation strategies,
including non-REMS restricted distribution systems, imposed by
companies outside of what is required under the REMS program.
(7) The standards and policies applied by the Food and Drug
Administration to require, modify, add, or remove, a REMS, and
how those standards and policies have changed since the REMS
program became effective.
(d) Report.--Not later than May 1, 2018, the Comptroller General
shall submit a report to the Committee on Health, Education, Labor, and
Pensions of the Senate, the Special Committee on Aging of the Senate,
and the Committee on Energy and Commerce of the House of
Representatives, containing the results of the review described in this
section. | Increasing Competition in Pharmaceuticals Act This bill amends the Federal Food, Drug, and Cosmetic Act to revise provisions regarding review and approval of generic drug applications or supplements to generic drug applications for drugs: (1) for which there is a shortage, or (2) that have not been recently introduced to the market by more than one manufacturer and for which tentative approval has not been granted to more than two applications. The Food and Drug Administration (FDA) must prioritize the review of such submissions and act on them within 150 days. User fees are waived for such an application unless the drug is under patent. The FDA may expedite the inspection of a facility proposed to manufacture such a drug. The FDA must award a transferrable generic drug priority review voucher to the sponsor of such an application upon approval. A voucher may be used to have the FDA review and take action upon a generic drug application within 150 days of submission. The FDA may revoke a voucher awarded for a drug that is not marketed within one year of approval. This voucher program is terminated at the end of FY2022. The FDA must periodically report on generic drug applications filed before FY2016 that are still pending. For a new drug application to be eligible for a priority review voucher as a tropical disease product application, the application must include new, essential clinical investigations. The Government Accountability Office must study the FDA's program for drug risk evaluation and mitigation strategies. | {"src": "billsum_train", "title": "Increasing Competition in Pharmaceuticals Act"} | 2,584 | 304 | 0.496292 | 1.537703 | 0.696922 | 2.076364 | 8.512727 | 0.869091 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Emergency Farm
Assistance Act of 2007''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--AGRICULTURAL PRODUCTION LOSSES
Sec. 101. Specialty crops.
Sec. 102. Dairy assistance.
Sec. 103. Livestock indemnity payments.
Sec. 104. Payment limitation.
TITLE II--SMALL BUSINESS ECONOMIC LOSS GRANT PROGRAM
Sec. 201. Small business economic loss grant program.
TITLE III--FORESTRY
Sec. 301. Tree assistance program.
TITLE IV--ASSISTANCE FOR UNEMPLOYED AGRICULTURAL WORKERS
Sec. 401. Unemployment assistance.
Sec. 402. Food coupons and distribution.
Sec. 403. Emergency grants to assist low-income migrant and seasonal
farmworkers.
Sec. 404. Temporary mortgage rental assistance.
TITLE V--MISCELLANEOUS
Sec. 501. Limit on amount of assistance.
Sec. 502. Funding.
Sec. 503. Regulations.
TITLE VI--EMERGENCY DESIGNATION
Sec. 601. Emergency designation.
SEC. 2. DEFINITIONS.
In this Act:
(1) Disaster county.--The term ``disaster county'' means--
(A) a county included in the geographic area
covered by a natural disaster declaration; and
(B) each county contiguous to a county described in
subparagraph (A).
(2) Livestock.--The term ``livestock'' includes--
(A) cattle (including dairy cattle);
(B) bison;
(C) sheep;
(D) swine;
(E) poultry; and
(F) other livestock, as determined by the
Secretary.
(3) Natural disaster declaration.--The term ``natural
disaster declaration'' means a natural disaster declared by the
Secretary under section 321(a) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1961(a)) during--
(A) calendar year 2005 due to flooding in the
State;
(B) calendar year 2006 due to heat or flooding in
the State; and
(C) calendar year 2007 due to freezing or extreme
low temperatures in the State.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(5) Specialty crop.--The term ``specialty crop'' has the
meaning given the term in section 3 of the Specialty Crops
Competitiveness Act of 2004 (7 U.S.C. 1621 note; Public Law
108-465).
(6) State.--The term ``State'' means the State of
California.
TITLE I--AGRICULTURAL PRODUCTION LOSSES
SEC. 101. SPECIALTY CROPS.
(a) In General.--The Secretary shall use, of funds of the Commodity
Credit Corporation--
(1) $100,000,000 to provide assistance to producers of
specialty crops in disaster counties that suffered losses in
calendar year 2005;
(2) $400,000,000 to provide assistance to producers of
specialty crops in disaster counties that suffered losses in
calendar year 2006;
(3) $420,000,000 to provide assistance to citrus producers
in disaster counties that suffered losses in calendar year
2007; and
(4) $438,000,000 to provide assistance to producers of
other specialty crops in disaster counties that suffered losses
in calendar year 2007.
(b) Administration.--Except as provided in subsection (c),
assistance required by subsection (a) shall be carried out by the
Secretary in the State under the same terms and conditions as the
special disaster relief programs carried out for producers that
suffered from crop damage and tree losses, and carried out related
cleanup, in certain areas of Florida due to Hurricanes Charley,
Frances, and Jeanne during August and September 2004, as described in
the notice of program implementation relating to Florida citrus, fruit,
vegetable, and nursery crop disaster programs (69 Fed. Reg. 63134
(October 29, 2004)), with vegetable losses treated as citrus losses
under this section for purposes of that program.
(c) Uninsured Citrus Growers.--
(1) Limited assistance.--Subject to paragraph (2), citrus
producers on a farm that did not obtain a policy or plan of
insurance under the Federal Crop Insurance Act (7 U.S.C. 1501
et seq.) for the crop incurring the losses shall only be
eligible for assistance under this section if the producers
agree to obtain a policy or plan of insurance under the Federal
Crop Insurance Act (7 U.S.C. 1501 et seq.) not later than 180
days after the date of enactment of this Act providing
additional coverage for the citrus crop of the producers for
each of the next 3 crop years.
(2) Amount of assistance.--Assistance under this section
provided for citrus producers on a farm described in paragraph
(1) shall not exceed 35 percent of the total amount of the
documented losses of the producers.
(3) Effect of violation.--In the event that citrus
producers described in paragraph (1) fail to obtain a policy or
plan of insurance in accordance with that paragraph, the
producers shall reimburse the Secretary for the full amount of
the assistance provided to the producers under this section.
SEC. 102. DAIRY ASSISTANCE.
The Secretary shall use $230,000,000 of funds of the Commodity
Credit Corporation to make payments to dairy producers for dairy
production losses during calendar year 2006 in disaster counties.
SEC. 103. LIVESTOCK INDEMNITY PAYMENTS.
(a) In General.--The Secretary shall use $80,000,000 of funds of
the Commodity Credit Corporation to make livestock indemnity payments
to producers on farms located in disaster counties that have incurred
livestock losses during calendar year 2006 or 2007, or both, due to a
disaster, as determined by the Secretary.
(b) Payment Rates.--Indemnity payments to the producers on a farm
under subsection (a) shall be made at a rate of not less than 30
percent of the market value of the applicable livestock on the day
before the date of death of the livestock, as determined by the
Secretary.
SEC. 104. PAYMENT LIMITATION.
Notwithstanding any other provision of law, assistance provided
under this section to the producers on a farm (as defined by the
Secretary) may not exceed $125,000 for each farm, ranch, processing
plant, or dairy operation of the producers.
TITLE II--SMALL BUSINESS ECONOMIC LOSS GRANT PROGRAM
SEC. 201. SMALL BUSINESS ECONOMIC LOSS GRANT PROGRAM.
(a) Grants.--
(1) In general.--The Secretary shall use such funds as are
necessary of funds of the Commodity Credit Corporation to make
a grant to the State.
(2) Requirement.--To be eligible to receive a grant under
this subsection, the State shall agree to carry out an
expedited disaster assistance program to provide grants to
qualified small businesses in accordance with subsection (b).
(b) Grants to Qualified Small Businesses.--
(1) In general.--In carrying out an expedited disaster
assistance program described in subsection (a)(2), the State
shall provide grants to eligible small businesses in the State
that suffered material economic losses during the 2005, 2006,
or 2007 crop year as a direct result of weather-related
agricultural losses to the specialty crop or livestock
production sectors of the State, as determined by the
Secretary.
(2) Eligibility.--
(A) In general.--To be eligible to receive a grant
under paragraph (1), a small business shall--
(i) have less than $15,000,000 in average
annual gross income from all business
activities, at least 75 percent of which shall
be directly related to production agriculture
or agriculture support industries, as
determined by the Secretary;
(ii) verify the amount of economic loss
attributable to weather-related agricultural
losses using such documentation as the
Secretary and the State may require;
(iii) have suffered losses attributable to
weather-related agricultural disasters that
equal at least 15 percent of the total economic
loss of the small business for each year a
grant is requested; and
(iv) demonstrate that the grant will
materially improve the likelihood the business
will--
(I) recover from the disaster;
(II) continue to service and
support production agriculture; and
(III) replant agricultural
production fields and groves.
(3) Requirements.--A grant to a small business under this
subsection shall--
(A) be limited to not more than 2 years of
documented losses;
(B) be in an amount of not more than 75 percent of
the documented average economic loss attributable to
weather-related agriculture disasters for each eligible
year in the State; and
(C) not exceed a total amount of $250,000 for each
small business.
(4) Insufficient funding.--If the grant funds received by
the State under subsection (a) are insufficient to fund the
grants of the State under this subsection, the State may apply
a proportional reduction to all of the grants.
TITLE III--FORESTRY
SEC. 301. TREE ASSISTANCE PROGRAM.
(a) Definition of Tree.--In this section, the term ``tree''
includes--
(1) a tree (including a Christmas tree, ornamental tree,
nursery tree, and potted tree);
(2) a bush (including a shrub, nursery shrub, nursery bush,
ornamental bush, ornamental shrub, potted bush, and potted
shrub); and
(3) a vine (including a nursery vine and ornamental vine).
(b) Program.--Except as otherwise provided in this section, the
Secretary shall use such sums as are necessary of the funds of the
Commodity Credit Corporation to provide assistance under the tree
assistance program established under subtitle C of title X of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8201 et seq.) to--
(1) producers who suffered tree losses in disaster
counties; and
(2) fruit and tree nut producers in disaster counties.
(c) Costs.--Funds made available under this section shall also be
made available to cover costs associated with tree pruning, tree
rehabilitation, and other appropriate tree-related activities as
determined by the Secretary.
(d) Scope of Assistance.--Assistance under this section shall
compensate for losses resulting from disasters during calendar year
2005, 2006, or 2007, or any combination of those calendar years.
TITLE IV--ASSISTANCE FOR UNEMPLOYED AGRICULTURAL WORKERS
SEC. 401. UNEMPLOYMENT ASSISTANCE.
The Secretary of Homeland Security shall use such sums as are
necessary to provide unemployment assistance in accordance with section
410 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5177) to agricultural workers in the State (including
low-income migrant and seasonal farmworkers) who are unemployed due to
disasters occurring in calendar year 2007, as determined by the
Secretary.
SEC. 402. FOOD COUPONS AND DISTRIBUTION.
The Secretary shall use such sums as are necessary of the funds of
the Commodity Credit Corporation to provide food coupons and surplus
commodities in accordance with section 412 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5179) to
agricultural workers in the State (including low-income migrant and
seasonal farmworkers) who are unemployed due to disasters occurring in
calendar year 2007, as determined by the Secretary.
SEC. 403. EMERGENCY GRANTS TO ASSIST LOW-INCOME MIGRANT AND SEASONAL
FARMWORKERS.
The Secretary shall use such sums as are necessary of the funds of
the Commodity Credit Corporation to provide emergency grants to assist
low-income migrant and seasonal farmworkers in the State who are
unemployed due to disasters occurring in calendar year 2007, as
determined by the Secretary, in accordance with section 2281 of the
Food, Agriculture, Conservation, and Trade Act of 1990 (42 U.S.C.
5177a).
SEC. 404. TEMPORARY MORTGAGE RENTAL ASSISTANCE.
For the period beginning on the date of enactment of this Act and
ending 180 days after the date of enactment of this Act, the Secretary
of Homeland Security shall use such sums as are necessary to provide
temporary mortgage rental assistance to agricultural workers in the
State (including low-income migrant and seasonal farmworkers) who are
unemployed due to disasters occurring in calendar year 2007 under the
same terms and conditions as the temporary mortgage rental assistance
program under section 408(b) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5174(b)) (as in effect on the
day before the effective date of the amendment made by section 206(a)
of the Disaster Mitigation Act of 2000 (42 U.S.C. 5174 note; Public Law
106-390)).
TITLE V--MISCELLANEOUS
SEC. 501. LIMIT ON AMOUNT OF ASSISTANCE.
The Secretary shall ensure, to the maximum extent practicable, that
no producers on a farm receive duplicative payments under this Act and
any other Federal program for the same loss.
SEC. 502. FUNDING.
The Secretary shall use the funds, facilities, and authorities of
the Commodity Credit Corporation to carry out this Act (other than
sections 401 and 404), to remain available until expended.
SEC. 503. REGULATIONS.
(a) In General.--The Secretary may promulgate such regulations as
are necessary to implement this Act.
(b) Procedure.--The promulgation of the regulations and
administration of this Act shall be made without regard to--
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(c) Congressional Review of Agency Rulemaking.--In carrying out
this section, the Secretary shall use the authority provided under
section 808 of title 5, United States Code.
TITLE VI--EMERGENCY DESIGNATION
SEC. 601. EMERGENCY DESIGNATION.
The amounts provided under this Act are designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress). | Emergency Farm Assistance Act of 2007 - Directs the Secretary of Agriculture (Secretary) to provide assistance: (1) to producers of specialty crops in disaster counties that suffered losses in 2005 or 2006; (2) to citrus producers in disaster counties that suffered losses in 2007; (3) to producers of other specialty crops in disaster counties that suffered losses in 2007; (4) to dairy producers in disaster counties that suffered losses in 2006; and (5) for livestock indemnity payments to producers in disaster counties that incurred losses in 2006 or 2007, or both.
Directs the Secretary to make grants to California for an expedited disaster assistance program to qualified small businesses that suffered losses during the 2005, 2006, or 2007 crop year as a result of weather-related agricultural losses to the California specialty crop or livestock production sectors.
Directs the Secretary to provide assistance to tree or fruit and tree nut producers in disaster counties that suffered losses in 2005, 2006, or 2007, or any combination of such years. Defines "tree" to include: (1) a tree (including a Christmas tree, ornamental tree, nursery tree, and potted tree); (2) a bush (including a shrub, nursery shrub, nursery bush, ornamental bush, ornamental shrub, potted bush, and potted shrub); and (3) a vine (including a nursery vine and ornamental vine).
Directs the Secretary of Homeland Security to provide unemployment assistance and temporary mortgage rental assistance to California agricultural workers (including low-income migrant and seasonal farmworkers) who are unemployed due to disasters in 2007.
Directs the Secretary to provide: (1) food coupons and surplus commodities to such workers; and (2) emergency grants for California low-income migrant and seasonal farmworkers who are unemployed due to disasters in 2007. | {"src": "billsum_train", "title": "A bill to provide emergency agricultural disaster assistance for agricultural producers, manufacturers, and workers in the State of California."} | 3,281 | 369 | 0.593314 | 1.785222 | 0.751434 | 6.132768 | 8.124294 | 0.974576 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arctic Climate Adaptation Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States is an Arctic Nation with--
(A) an approximately 700-mile border with the
Arctic Ocean;
(B) more than 100,000,000 acres of land above the
Arctic Circle; and
(C) a broader area within the Arctic isotherm that
encompasses most of the Bering Sea.
(2) The Arctic region of the United States--
(A) is home to an indigenous population which has
subsisted for millennia on the abundance in marine
mammals, fish, and wildlife, many of which are unique
to the region;
(B) is known to the indigenous population as
Inuvikput or the ``place where we live''; and
(C) has produced more than 16,000,000,000 barrels
of oil and, according to the United States Geological
Survey, may hold an additional 30,000,000,000 barrels
of oil and 220,000,000,000,000 cubic feet of natural
gas, making the region of fundamental importance to the
national interest of the United States.
(3) Temperatures in the United States Arctic region have
warmed by 3 to 4 degrees Celsius over the past half-century, a
rate of increase that is twice the global average.
(4) The Arctic ice pack is rapidly diminishing and
thinning, and the National Oceanic and Atmospheric
Administration estimates the Arctic Ocean may be ice free
during summer months in as few as 30 years.
(5) Such changes to the Arctic region are having a
significant impact on the indigenous people of the Arctic,
their communities and ecosystems, as well as the marine
mammals, fish, and wildlife upon which they depend.
(6) Such changes are opening new portions of the United
States Arctic continental shelf to possible development for
offshore oil and gas, commercial fishing, marine shipping, and
tourism.
(7) Unprecedented storms over an area of Arctic waters that
are now ice-free are eroding sections of Alaska shoreline at
rates of 45 feet or more annually. Thawing permafrost is
causing roads and the foundations of public buildings and homes
to buckle. Entire Alaskan Arctic villages are at risk of
serious erosion or of being washed into the sea.
(8) As many as 4 of Alaska's coastal villages are at
immediate risk and will face overwhelming relocation costs in
the during the period from 2009 through 2014 as the lack of
winter ice pack allows increased wave energy to erode
beachfronts that are no longer held together by frozen soil.
The Government Accountability Office estimates that relocation
costs for those 4 villages will be $450,000,000 and that as
many as 30 additional Alaskan coastal villages will face
similar threats during the period from 2009 through 2019.
(9) A study conducted by the Government Accountability
Office published in June 2009, states that ``most of Alaska's
more than 200 Native villages were affected to some degree by
flooding and erosion,'' and recommends that ``Congress may wish
to consider designating or creating a lead Federal entity that
could work in conjunction with the lead state agency to
coordinate and oversee village relocation efforts''.
(10) A 2009 study by the University of Alaska's Institute
for Social and Economic Research concluded that the added
adaptation costs for Alaska's public infrastructure resulting
from climate change impacts will range up to $6,000,000,000 by
2030.
(11) Coastal erosion and thawing permafrost threaten the
public infrastructure, including airports which are often the
only link to the outside world, roadways, and other basic
utilities, of many of Alaska's 267 incorporated communities,
with an estimated adaptation cost in the tens of billions of
dollars during the several decades following the date of the
enactment of this Act.
(12) Additionally, rising ocean temperatures and increased
ocean acidification result in changes in fish habitats and
invasive fish species jeopardizing both Alaska's commercial
fisheries, which produce 60 percent of the United States
commercial catch, and the subsistence hunting, fishing, and
gathering that supplies as much as 90 percent of the protein
supply for as many as 214 economically disadvantaged Alaskan
Native villages from Metlakatla in the south to Point Barrow in
the north.
SEC. 3. DEFINITIONS.
In this Act:
(1) Denali commission.--The term ``Denali Commission''
means the Denali Commission established pursuant to section
303(a) of the Denali Commission Act of 1998 (42 U.S.C. 3121
note).
(2) Program.--The term ``Program'' means the American
Arctic Adaptation Grant Program established under section 4(a).
SEC. 4. AMERICAN ARCTIC ADAPTATION GRANT PROGRAM.
(a) Establishment.--There is a established in the Department of
Commerce a program to be known as the ``American Arctic Adaptation
Grant Program'' to award grants to eligible entities to carry out
eligible projects, as described in this section.
(b) Coordination.--
(1) In general.--The Denali Commission shall--
(A) be the Alaska Project Coordinator for the
Program; and
(B) select, administer, and coordinate projects
awarded grants under the Program.
(2) Consultation.--In carrying out its responsibilities as
the Alaska Project Coordinator, the Denali Commission shall
consult with affected communities, the State of Alaska, the
United States Army Corps of Engineers, the University of
Alaska, the Arctic Research Commission established pursuant to
section 103 of the Arctic Research and Policy Act of 1984 (15
U.S.C. 4102), and the Inuit Circumpolar Council and the
Northern Forum or successor organizations.
(3) Adaptation advisory committee.--
(A) Establishment.--The Denali Commission shall
establish an Adaptation Advisory Committee composed of
public and private members to advise the Denali
Commission on climate adaptation needs and investments
and on the award of grants under the Program.
(B) Membership.--The Adaptation Advisory Committee
shall include one representative of each of the
following:
(i) The Alaska Federation of Natives.
(ii) The Inter-Tribal Council.
(iii) The Alaska Native Science and
Engineering Program of the University of
Alaska.
(iv) The Alaska Associated General
Contractors Association.
(v) The Alaska Department of
Transportation.
(vi) The Alaska Department of Commerce,
Community, and Economic Development.
(vii) The United States Army Corps of
Engineers.
(viii) Organized labor.
(C) Meetings.--The Denali Commission shall meet
with the Adaptation Advisory Commission not less often
than once every 6 months.
(c) Other Funds for Grant Awards.--To the extent practicable and
appropriate, the Denali Commission may combine funds from the Program
with awards from other appropriate Federal or State infrastructure
development, construction, or maintenance programs to provide funds to
carry out an eligible project.
(d) Eligible Entity Defined.--In this section, the term ``eligible
entity'' means--
(1) the State of Alaska; or
(2) a borough and community organized under the
Constitution of the State of Alaska.
(e) Eligible Project Defined.--In this section, the term ``eligible
project'' means a project to repair, replace, or maintain an element of
public infrastructure in a coastal or remote Alaskan village damaged or
threatened by the effects of climate change, including flooding, storm
surge, coastal or riparian erosion, melting permafrost, and land
subsidence not associated with normal seasonal effects. An eligible
project--
(1) may be designed to address--
(A) damage to a public transportation system and
infrastructure or to a public or privately owned
building;
(B) negative impacts to human health;
(C) interruption of natural migration cycles or
disruption of habitats; or
(D) disruption of economic activities, including
projects to develop new northern sea routes; and
(2) shall be of a permanent nature, and designed, built,
and maintained to maximize sustainability and resiliency.
(f) Application.--An eligible entity seeking a grant under the
Program shall submit an application to the Denali Commission at such
time and in such manner as the Commission shall require. Each such
application shall, at a minimum, include a complete description of--
(1) the eligible project proposed to be carried out with
such grant; and
(2) the extent to which one or more effects of climate
change have necessitated, or given ongoing and cumulative
effects could necessitate, such eligible project.
(g) Selection Criteria.--In selecting an eligible project to be
carried out with a grant under the Program, the Denali Commission--
(1) may select the eligible project only if the eligible
entity agrees--
(A) to submit to a directed process in which the
staff of the Denali Commission provides technical
assistance and guidance through the planning phase,
design phase, and construction phase of the eligible
project; and
(B) that not more than 25 percent of the grant
funds may be used for administrative expenses; and
(2) shall give a preference to an eligible project that
will be carried out with non-Federal funds to match the amount
of the grant funds.
(h) Work Plan.--The Denali Commission shall publish an annual work
plan for the Program. Each such plan shall include--
(1) a description of each eligible project approved to
receive a grant under the Program during the previous year;
(2) updates on the planning, design, and construction of
each eligible project approved to receive such a grant in a
prior year; and
(3) guidance to eligible entities seeking to obtain such a
grant for the following year.
SEC. 5. ARCTIC RESEARCH.
(a) Requirement To Conduct Research.--During fiscal year 2010, and
in collaboration with the State of Alaska, the University of Alaska,
and relevant agencies of the United States, the Denali Commission shall
conduct research on the best practices for climate related adaption
that are being used or researched by other polar nations or foreign or
domestic research institutions or institutions of higher learning, and
which could be used by Arctic communities in Alaska. Such research
shall focus on--
(1) environmentally sensitive design;
(2) clean energy alternatives; and
(3) innovative transportation, telecommunications, and
other infrastructure solutions.
(b) Report.--Not later than December 31, 2010, the Denali
Commission shall submit to Congress, the Secretary of Commerce, the
Secretary of the Treasury, the Assistant Secretary of the Army (Civil
Works), and the Governor of Alaska a report on the research carried out
under subsection (a).
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) American Arctic Adaptation Grant Program.--There is authorized
to be appropriated to the Secretary of Commerce such sums as may be
necessary to carry out the Program.
(b) Research.--There is authorized to be appropriated $5,000,000
for fiscal year 2010 to carry out section 5. | Arctic Climate Adaptation Act - Establishes in the Department of Commerce an American Arctic Adaptation Grant Program. Directs the Denali Commission to: (1) be the Alaska Project Coordinator for the Program; (2) select, administer, and coordinate projects awarded grants under the Program; (3) establish an Adaptation Advisory Committee to advise the Commission on climate adaptation needs and investments and on the award of grants under the Program; and (4) publish an annual work plan for the Program.
Permits the Commission to combine funds from the Program with awards from other appropriate federal or state infrastructure development, construction, or maintenance programs to provide funds to carry out an eligible project. Defines "eligible project" as a project to repair, replace, or maintain an element of public infrastructure in a coastal or remote Alaskan village damaged or threatened by the effects of climate change.
Requires the Commission, during FY2010 and in collaboration with the state of Alaska, the University of Alaska, and relevant U.S. agencies, to conduct research on best practices for climate related adaptation that are being used or researched by other polar nations or foreign or domestic research institutions or institutions of higher learning and that could be used by Arctic communities in Alaska. | {"src": "billsum_train", "title": "A bill to create the American Arctic Adaptation Grant Program to prevent or mitigate effects of Arctic climate change and for other purposes."} | 2,369 | 255 | 0.425173 | 1.253185 | 0.66852 | 6.662393 | 9.495726 | 0.961538 |
That this Act may be
cited as the ``Unfunded Federal Mandates Relief Act of 1993''.
findings and purpose
Sec. 2. (a) The Congress finds and declares that--
(1) Federal regulation of State and local governments has
become increasingly extensive and intrusive in recent years;
(2) such regulation has, adversely affected State and local
governments by placing excessive fiscal burdens on such
governments;
(3) such excessive fiscal burdens have weakened the
foundation of the Federal system of government; and
(4) there is a lack of adequate fiscal resources to carry
out necessary Federal regulation of State and local governments
in order to enable such governments to comply with
intergovernmental regulations currently in effect.
(b) Therefore, it is the purpose of this Act to establish
procedures to assure that the Federal Government pays the total amount
of additional direct costs incurred by State and local governments in
complying with any intergovernmental regulation.
definitions
Sec. 3. For purposes of this Act, the term--
(1) ``additional direct costs'' means the amount of costs
incurred by a State or local government solely in complying
with an intergovernmental regulation promulgated pursuant to a
Federal law concerning a particular activity which is in excess
of the amount that such State or local government would be
required to expend in carrying out such activity in the absence
of such law, except that such term does not include any amount
which a State or local government is required by law to
contribute as a non-Federal share under a Federal assistance
program;
(2) ``Director'' means the Director of the Office of
Management and Budget;
(3) ``Federal agency'' has the meaning given to the term
``executive agency'' in section 6501(3) of title 31, United
States Code;
(4) ``Federal assistance'' means any assistance provided by
a Federal agency to State and local governments or other
recipients, in the form of grants, loans, loan guarantees,
property, cooperative agreements, or technical assistance,
except that such term does not include direct cash assistance
to individuals, contracts for the procurement of goods or
services for the United States, or insurance;
(5) ``intergovernmental regulation'' means a regulation
promulgated by a Federal agency that requires a State or local
government to take certain actions or requires a State or local
government to comply with certain specified conditions in order
to receive or continue to receive Federal assistance and which
requires the termination or reduction of such assistance if
such government fails to comply with such conditions;
(6) ``local government'' has the same meaning as in section
6501(6) of title 31, United States Code;
(7) ``significant law'' means any Federal law which is
likely to result in additional direct costs to State and local
governments; and
(8) ``State'' means each of the several States, the
District of Columbia, Guam, the Commonwealth of Puerto Rico,
the Commonwealth of the Northern Mariana Islands, the Virgin
Islands, American Samoa, and the Trust Territory of the Pacific
Islands.
TITLE I--REVIEW OF INTERGOVERNMENTAL REGULATIONS
report required
Sec. 101. (a) Not later than thirty days after the date on which
the President transmits a budget for a fiscal year to the Congress
pursuant to section 1105 of title 31, United States Code, the President
shall submit to the Congress a report specifying and evaluating the
economic costs, noneconomic costs, and additional direct costs which
have been incurred or which will be incurred by State governments and
local governments in complying with intergovernmental regulations
during the most recently completed fiscal year, the fiscal year in
progress, and the first two fiscal years immediately succeeding the
fiscal year in progress.
(b) Each report required under subsection (a) shall include--
(1) a list of each intergovernmental regulation in effect
during each fiscal year for which the report is made and a
citation of statutory and administrative authority for each
such intergovernmental regulation;
(2) an estimate, for each such intergovernmental
regulation, of--
(A) the total amount of economic costs, noneconomic
costs, and additional direct costs that have been
incurred or will be incurred in each such fiscal year
by the government of each State and all local
governments in such State in complying with such
regulation in each such fiscal year; and
(B) the ratio (stated as a percentage) which the
total amount of additional direct costs that have been
incurred or will be incurred by all local governments
in a State in complying with such regulation in each
such fiscal year bears to the total amount of
additional direct costs that have been incurred or will
be incurred by the government of such State and all
local governments in such State in complying with such
regulation in such fiscal year;
(3) an estimate, for each such regulation, of the economic
and noneconomic benefits that will be provided in each such
fiscal year to each State government and all local governments
in such State as a result of compliance with such regulation
during each such fiscal year;
(4) recommendations for changes in laws and regulations
that will reduce the costs specified pursuant to paragraph (2),
or that will achieve a more favorable balance between the
benefits specified pursuant to paragraph (3) and the costs
specified pursuant to paragraph (2); and
(5) proposals for legislation, and a statement of planned
administrative actions, to implement the recommendations
specified pursuant to paragraph (4).
procedures for preparation of report
Sec. 102. (a) The President may delegate to the Director or to the
head of any other Federal agency the responsibility for preparing the
annual report required by section 101.
(b)(1) In carrying out the provisions of this title, the President,
the Director, or the head of a Federal agency to which a delegation is
made under subsection (a), shall prescribe standards to be used by
Federal agencies in estimating the costs of compliance with, and the
benefits provided by, intergovernmental regulations administered by
such agencies.
(2) The President, the Director, or the head of a Federal agency to
which a delegation is made under subsection (a) shall prescribe the
standards required under paragraph (1)--
(A) after consultation with State and local governments and
the Comptroller General of the United States; and
(B) after providing public notice and an opportunity for
comment in accordance with section 553 of title 5, United
States Code.
(3) Standards prescribed under paragraph (1) may be revised from
time to time to reflect changes in relevant economic and social
circumstances and advances in pertinent branches of knowledge.
(c) The standards prescribed under subsection (b) shall provide, to
the extent possible, for--
(1) uniform categories of costs of compliance with, and
benefits provided by, intergovernmental regulations;
(2) methods to be used by the President, and by Federal
agencies, in estimating the additional direct costs that will
be incurred by State and local governments in complying with
each intergovernmental regulation, including methods to
estimate the amount of such costs that will be incurred for
each fiscal year in which each such regulation is in effect;
(3) methods to be used by Federal agencies in compiling the
information required to be submitted under subsection (d) which
shall be designed to--
(A) minimize the costs that will be incurred by the
State and local governments and the Federal assistance
recipients from which such information will be
collected; and
(B) ensure the collection of reasonably accurate
information in a form that will be useful to States in
complying with section 204(c);
(4) methods for preventing disclosure of information about
individuals or businesses the confidentiality of which is
protected under Federal law;
(5) procedures to be followed by Federal agencies in
reporting the information required to be submitted under
subsection (d); and
(6) such other procedures and guidelines as may be
necessary for the implementation of this title.
(d) Each year, at a time prescribed by the President, the Director,
or the head of the Federal agency to which a delegation is made under
subsection (a), the head of each Federal agency which administered any
intergovernmental regulation during a fiscal year for which a report is
required under section 101, shall prepare and submit to the President,
the Director, or such agency head, a report setting forth, for each
such regulation, the information required to be included for such
regulation in the report required under section 101.
TITLE II--COMPENSATION OF STATE AND LOCAL GOVERNMENTS FOR ADDITIONAL
DIRECT COSTS
compensation required
Sec. 201. (a) A Federal agency or a court of the United States
shall not require State governments or local governments to comply, in
any fiscal year, with any intergovernmental regulation unless
provisions of law have been enacted which provide a sufficient amount
of funds for such fiscal year to reimburse such governments for the
total amount of additional direct costs that will be incurred by such
governments in complying with such regulation during such fiscal year.
(b) For purposes of this section, the total amount of additional
direct costs that will be incurred by State governments and local
governments in complying with an intergovernmental regulation in any
fiscal year shall be the total amount of such costs for such regulation
estimated by the Director of the Congressional Budget Office for such
fiscal year in the report required under section 202 for such fiscal
year.
report by the director of the congressional budget office
Sec. 202. (a) For each fiscal year in which an intergovernmental
regulation promulgated pursuant to a significant law will be in effect,
the Director of the Congressional Budget Office shall prepare and
transmit to the President and the Congress a report specifying, for
such fiscal year and the fiscal year succeeding such fiscal year, an
estimate of the total amount of additional direct costs that will be
incurred by State governments and local governments in complying with
such regulation in each such fiscal year.
(b) In preparing each report required by subsection (a), the
Director of the Congressional Budget Office shall consider the estimate
of additional direct costs for a fiscal year resulting from compliance
with an intergovernmental regulation which are specified in the report
submitted by the President under title I during the fiscal year
preceding such fiscal year.
(c) The Director of the Congressional Budget Office shall transmit
each report required by subsection (a) for a fiscal year to the
President and the Congress by September 1 of the fiscal year preceding
such fiscal year.
implementation
Sec. 203. For each fiscal year in which an intergovernmental
regulation promulgated pursuant to a significant law will be in effect,
the chairman of the committees of the Senate and of the House of
Representatives having legislative jurisdiction over such significant
law shall propose, to an appropriate bill or resolution providing funds
for such fiscal year, an amendment containing provisions to appropriate
funds to reimburse State governments and local governments for the
additional direct costs incurred in complying with such regulation. The
amount of funds proposed to be appropriated by such amendment shall be
equal to or in excess of the amount described in section 201(a).
procedures for reimbursements to state and local governments
Sec. 204. (a)(1) The head of each Federal agency which administers
an intergovernmental regulation promulgated pursuant to a significant
law shall pay to each State government in each fiscal year the amount
determined pursuant to this section to reimburse the State government
and local governments in the State for the additional direct costs
incurred by such governments in complying with such regulation in such
fiscal year.
(2) A State government which receives payments under this section
for reimbursement for additional direct costs incurred in complying
with an intergovernmental regulation in any fiscal year shall pay to
each local government in the State the amount determined pursuant to
this section to reimburse such local government for the additional
direct costs incurred by such local government in complying with such
regulation in such fiscal year.
(b) The total amount to be paid to a State to reimburse the
government of the State and local governments in the State for
additional direct costs incurred by such governments in complying with
an intergovernmental regulation in any fiscal year shall be an amount
which bears the same ratio to the total amount for reimbursement of
additional direct costs for all State governments and local governments
described in section 201(a) with respect to such regulation for such
fiscal year as the total amount of additional direct costs with respect
to such regulation which is specified in the report submitted by the
President under title I for such fiscal year for such State government
and local governments in such State for such fiscal year bears to the
sum of the total amounts of additional direct costs with respect to
such regulation which are specified in such report for all State
governments and all local governments for such fiscal year.
(c)(1) The total amount to be paid by a State government to local
governments in such State to reimburse such governments for additional
direct costs incurred by such governments in complying with an
intergovernmental regulation in any fiscal year shall be the amount
which is equal to the product of the amount paid to the State under
subsection (b) for such fiscal year multiplied by the ratio determined
by the President for such State with respect to such regulation for
such fiscal year pursuant to section 101(b)(2)(B).
(2)(A) A State government which receives payments under this
section to reimburse local governments in the State for the additional
direct costs incurred by such governments in complying with an
intergovernmental regulation in any fiscal year shall pay to each such
local government an amount equal to the product of--
(i) the total amount determined under paragraph (1) with
respect to such regulation for such fiscal year, multiplied by
(ii) the ratio (stated as a percentage and estimated by the
State in accordance with subparagraph (B)) that the total
amount of additional direct costs incurred by such local
government in complying with such regulation in such fiscal
year bears to the total amount of additional direct costs
incurred by all local governments in such State in complying
with such regulation in such fiscal year.
(B) Each State government which receives payments under this
section for any fiscal year shall provide by law for the estimation of
the amount of additional direct costs incurred by each local government
in such State in complying with an intergovernmental regulation for
which such payments are received. In providing for the estimation of
such costs, the State shall establish procedures and methods for the
estimation of such costs which are reasonably related to the actual
additional direct costs incurred by such governments in complying with
such regulation in such fiscal year.
effect of subsequent enactments
Sec. 205. No law enacted after the date of enactment of this title
shall supersede the provisions of this title unless such law does so in
specific terms, referring to this title, and declares that such law
supersedes the provisions of this title. | TABLE OF CONTENTS:
Title I: Review of Intergovernmental Regulations
Title II: Compensation of State and Local Governments for
Additional Direct Costs
Unfunded Federal Mandates Relief Act of 1993 -
Title I: Review of Intergovernmental Regulations
- Requires the President, after submitting the annual Federal budget, to submit to the Congress a report specifying and evaluating the costs to State and local governments of complying with intergovernmental regulations during the most recently completed fiscal year, the fiscal year in progress, and the next two fiscal years. Specifies the contents of such report.
Authorizes the President to delegate the responsibility of preparing such report to the Director of the Office of Management and Budget or the head of any other Federal agency. Directs the responsible official to prescribe standards to be used by agencies in estimating the compliance costs and benefits of intergovernmental regulations. Directs each agency to furnish such official with required information pertaining to agency regulations.
Title II: Compensation of State and Local Governments for Additional Direct Costs
- Prohibits any Federal agency or U.S. court from requiring such governments, in any fiscal year, to comply with any intergovernmental regulation unless sufficient funds have been provided to reimburse them for additional compliance costs estimated for the fiscal year.
Requires the Director of the Congressional Budget Office to transmit annually to the President and the Congress a report specifying an estimate of the total amount of additional direct costs that will be incurred in upcoming fiscal years by such governments in complying with each intergovernmental regulation promulgated pursuant to a significant law.
Directs the chairmen of the congressional committees having jurisdiction over any significant law under which an intergovernmental regulation is promulgated to propose, to a bill providing funds for each fiscal year in which such regulation will be in effect, an amendment to appropriate funds to reimburse such governments for the additional direct costs they will incur in complying with such regulation.
Sets forth procedures for reimbursements of such additional direct costs by Federal agencies to States, and by States to local governments. | {"src": "billsum_train", "title": "Unfunded Federal Mandates Relief Act of 1993"} | 3,084 | 438 | 0.633169 | 2.108972 | 0.758196 | 3.690104 | 8.036458 | 0.893229 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Long Term Care Security
Act''.
SEC. 2. INCREASE IN PAYMENT RATES FOR NURSING HOME CARE PROVIDED IN
STATE HOMES TO VETERANS WITH SERVICE-CONNECTED
DISABILITIES.
(a) Community-Based Facility Rate.--Subchapter V of chapter 17 of
title 38, United States Code, is amended by adding at the end the
following new section:
``Sec. 1744. Payment for care provided to veterans with service-
connected disabilities
``(a) Nursing Home Care.--(1) The Secretary shall pay each State
home for nursing home care provided (A) to any veteran in need of such
care for a service-connected disability, and (B) to any veteran who is
in need of such care and who has a service-connected disability rated
at 70 percent or more, at the applicable rate payable under section
1720 of this title for such care furnished in a non-Department nursing
home (as defined in subsection (e)(2) of such section).
``(2) Payment by the Secretary under paragraph (1) to a State home
for nursing home care provided to a veteran described in that paragraph
constitutes payment in full under this title to the State home for such
care furnished to that veteran.''.
(b) Conforming Amendments.--(1) Subsection (a)(1) of section 1741
of such title is amended by striking ``The'' in the matter preceding
subparagraph (A) and inserting ``Except as provided in section 1744 of
this title, the''.
(2) Subsection (a)(4) of section 1710 of such title is amended--
(A) by striking ``and'' before ``the requirement in section
1710B of this title''; and
(B) by inserting ``, and the requirement in section 1744 of
this title to provide nursing home care and prescription
medicines to veterans with service-connected disabilities in
State homes'' after ``a program of extended care services''.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1743 the following new item:
``1744. Payment for care provided to veterans with service-connected
disabilities.''.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 2006, and apply to care furnished in State homes
on or after such date.
SEC. 3. PROVISION OF PRESCRIPTION MEDICINES FOR VETERANS WITH SERVICE-
CONNECTED DISABILITIES RECEIVING CARE IN STATE HOMES.
(a) Requirement to Furnish Prescription Medicines.--Section 1744 of
title 38, United States Code, as added by section 2, is amended by
adding at the end the following new subsection:
``(b) Prescription Medicines.--The Secretary shall furnish such
drugs and medicines as may be ordered on prescription of a duly
licensed physician as specific therapy in the treatment of illness or
injury of a veteran who is provided nursing home care that is payable
under subsection (a) in the case of a veteran--
``(1) who is in need of such drugs and medicines for a
service-connected disability; or
``(2) who is in need of such drugs and medicines and who
has a service-connected disability rated at 50 percent or
more.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2006.
SEC. 4. TEMPORARY AUTHORITY TO TREAT CERTAIN HEALTH FACILITIES AS STATE
HOMES.
(a) Authority.--Subchapter III of chapter 81 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 8138. Treatment of certain health facilities as State homes
``(a) Subject to subsections (b) through (f), the Secretary may
treat a health facility as a State home for purposes of subchapter V of
chapter 17 of this title if the facility meets the following
requirements:
``(1) The facility meets the standards for the provision of
nursing home care that is applicable to State homes, as
prescribed by the Secretary under section 8134(b) of this
title, and such other standards relating to the facility as the
Secretary may require.
``(2) The facility is licensed or certified by the
appropriate State and local agencies charged with the
responsibility of licensing or otherwise regulating or
inspecting such facilities.
``(3) The State demonstrates in an application to the
Secretary that, but for the treatment of a facility as a State
home under this subsection, a substantial number of veterans
residing in the geographic area in which the facility is
located who require nursing home care will not have access to
such care.
``(4) The Secretary has made a determination that the
treatment of the facility as a State home best meets the needs
of veterans in the area for nursing home care.
``(5) The Secretary approves the application submitted by
the State with respect to the health facility.
``(b) The Secretary may not treat a health facility as a State home
under subsection (a) if the Secretary determines that such treatment
would increase the number of beds allocated to the State in excess of
the limit on the number of beds provided for under regulations
prescribed under section 8134(a) of this title.
``(c) The number of beds occupied by veterans in a health facility
for which payment may be made under subchapter V of chapter 17 of this
title by reason of subsection (a) shall not exceed the number of
veterans in beds in State homes that otherwise would be permitted in
the State involved under regulations prescribed under section 8134(a)
of this title.
``(d) The number of beds in a health facility in a State that has
been treated as a State home under subsection (a) shall be taken into
account in determining the unmet need for beds for State homes for the
State under section 8134(d)(1) of this title.
``(e) In no case may the aggregate number of beds in all facilities
treated as State homes under subsection (a) exceed 100.
``(f)(1) The authority of the Secretary to treat a health facility
as a State home under subsection (a) shall terminate on the date that
is three years after the date of the enactment of the Veterans Long
Term Care Security Act.
``(2) Any facility treated as a State home under subsection (a)
before the date referred to in paragraph (1) shall continue to be so
treated for such time as the facility meets the requirements of this
section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter 81 is amended by inserting after the item relating to
section 8137 the following new item:
``8138. Treatment of certain health facilities as State homes.''. | Veterans Long Term Care Security Act - Directs the Secretary of Veterans Affairs to pay for nursing home care furnished in a non-Department of Veterans Affairs (VA) nursing home to any veteran in need of such care: (1) for a service-connected disability; or (2) who has a service-connected disability rated at 70 percent or more.
Directs the Secretary to furnish such drugs and medicines as ordered by a duly licensed physician for any veteran in need of such drugs and medicines: (1) for a service-connected disability; or (2) who has a service-connected disability rated at 50 percent or more.
Authorizes the Secretary, for three years after the enactment of this Act, to treat certain health facilities as state homes for purposes of eligibility for payments for care provided to veterans. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to ensure appropriate payment for the cost of long term care provided to veterans in State veterans homes, and for other purposes."} | 1,547 | 172 | 0.666526 | 1.669627 | 0.712008 | 4.31677 | 8.857143 | 0.950311 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Trade Adjustment
Assistance Improvement Act of 2005''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
TITLE I--TRADE ADJUSTMENT ASSISTANCE
Sec. 101. Calculation of separation tolled during litigation.
Sec. 102. Establishment of Trade Adjustment Assistance Advisor.
Sec. 103. Certification of submissions.
Sec. 104. Revision of eligibility criteria.
Sec. 105. Training.
Sec. 106. Funding for administrative costs.
Sec. 107. Authorization of appropriations.
TITLE II--DATA COLLECTION
Sec. 201. Short title.
Sec. 202. Data collection; study; information to workers.
Sec. 203. Determinations by the Secretary of Labor.
TITLE III--TRADE ADJUSTMENT ASSISTANCE FOR FARMERS
Sec. 301. Clarification of marketing year and other provisions.
Sec. 302. Eligibility.
TITLE I--TRADE ADJUSTMENT ASSISTANCE
SEC. 101. CALCULATION OF SEPARATION TOLLED DURING LITIGATION.
Section 233 of the Trade Act of 1974 (19 U.S.C. 2293) is amended by
adding at the end the following:
``(h) Special Rule for Calculating Separation.--Notwithstanding any
other provision of this chapter, any period during which a judicial or
administrative appeal is pending with respect to the denial by the
Secretary of a petition under section 223 shall not be counted for
purposes of calculating the period of separation under subsection
(a)(2) and an adversely affected worker that would otherwise be
entitled to a trade readjustment allowance shall not be denied such
allowance because of such appeal.''.
SEC. 102. ESTABLISHMENT OF TRADE ADJUSTMENT ASSISTANCE ADVISOR.
(a) In General.--Subchapter A of chapter 2 of title II of the Trade
Act of 1974 is amended by inserting after section 221, the following
new section:
``SEC. 221A. ESTABLISHMENT OF TRADE ADJUSTMENT ASSISTANCE ADVISOR.
``(a) In General.--There is established in the Department of Labor
an office to be known as the `Office of the Trade Adjustment Assistance
Advisor'. The Office shall be headed by a Director, who shall be
responsible for providing assistance and advice to any person or entity
described in section 221(a)(1) desiring to file a petition for
certification of eligibility under section 221.
``(b) Technical Assistance.--The Director shall coordinate with
each agency responsible for providing adjustment assistance under this
chapter or chapter 6 and shall provide technical and legal assistance
and advice to enable persons or entities described in section 221(a)(1)
to prepare and file petitions for certification under section 221.''.
(b) Technical Amendment.--The table of contents for title II of the
Trade Act of 1974 is amended by inserting after the item relating to
section 221, the following:
``Sec. 221A. Establishment of Office of Trade Adjustment Assistance
Advisor.''.
SEC. 103. CERTIFICATION OF SUBMISSIONS.
Section 223 of the Trade Act of 1974 (19 U.S.C. 2273) is amended by
adding at the end the following:
``(e) Certification of Submissions.--If an employer submits a
petition on behalf of a group of workers pursuant to section 221(a)(1)
or if the Secretary requests evidence or information from an employer
in order to make a determination under this section, the accuracy and
completeness of any evidence or information submitted by the employer
shall be certified by the employer's legal counsel or by an officer of
the employer.''.
SEC. 104. REVISION OF ELIGIBILITY CRITERIA.
(a) Shifts in Production.--Section 222(a)(2)(B) of the Trade Act of
1974 (19 (U.S.C. 2272(a)(2)(B)) is amended to read as follows:
``(B) there has been a shift in production by such workers'
firm or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by such
firm or subdivision.''.
(b) Wage Insurance.--
(1) In general.--Section 246(a)(3) of the Trade Act of 1974
(19 U.S.C. 2318(a)(3)) is amended to read as follows:
``(3) Eligibility.--A worker in a group that the Secretary
has certified as eligible to apply for adjustment assistance
under section 223 may elect to receive benefits under the
alternative trade adjustment assistance program if the worker--
``(A) obtains reemployment not more than 26 weeks
after the date of separation from the adversely
affected employment;
``(B) is at least 40 years of age;
``(C) earns not more than $50,000 a year in wages
from reemployment;
``(D) is employed on a full-time basis as defined
by State law in the State in which the worker is
employed; and
``(E) does not return to the employment from which
the worker was separated.''.
(2) Conforming amendments.--
(A) Subparagraphs (A) and (B) of section 246(a)(2)
of the Trade Act of 1974 (19 U.S.C. 2318(a)(2)) are
amended by striking ``paragraph (3)(B)'' and inserting
``paragraph (3)'' each place it appears.
(B) Section 246(b)(2) of such Act is amended by
striking ``subsection (a)(3)(B)'' and inserting
``subsection (a)(3)''.
(c) Downstream Workers.--Section 222(c)(3) of the Trade Act of 1974
(19 (U.S.C. 2272(c)(3)) is amended by striking ``, if the certification
of eligibility'' and all that follows to the end period.
SEC. 105. TRAINING.
(a) Modification of Enrollment Deadlines.--Section 231(a)(5)(A)(ii)
of the Trade Act of 1974 (19 U.S.C. 2291(a)(5)(A)(ii)) is amended--
(1) in subclause (I), by striking ``16th week'' and
inserting ``26th week''; and
(2) in subclause (II), by striking ``8th week'' and
inserting ``20th week''.
(b) Extension of Allowance to Accommodate Training.--Section 233 of
the Trade Act of 1974 (19 U.S.C. 2293) is amended by adding at the end
the following:
``(h) Extension of Allowance.--Notwithstanding any other provision
of this section, a trade readjustment allowance may be paid to a worker
for a number of additional weeks equal to the number of weeks the
worker's enrollment in training was delayed beyond the deadline
applicable under section 231(a)(5)(A)(ii) pursuant to a waiver granted
under section 231(c)(1)(E).''.
(c) Funding for Training.--Section 236(a) of the Trade Act of 1974
(19 U.S.C. 2296(a)) is amended--
(1) in paragraph (1) by striking ``Upon such approval'' and
all that follows to the end; and
(2) by amending paragraph (2) to read as follows:
``(2)(A) Upon approval of a training program under
paragraph (l), and subject to the limitations imposed by this
section, an adversely affected worker covered by a
certification issued under section 223 shall be eligible to
have payment of the costs of that training, including any costs
of an approved training program incurred by a worker before a
certification was issued under section 223, made on behalf of
the worker by the Secretary directly or through a voucher
system.
``(B) Not later than 6 months after the date of enactment
of the Trade Adjustment Assistance Improvement Act of 2005, the
Secretary shall develop and submit to Congress for approval a
formula that provides workers with an individual entitlement
for training costs to be administered pursuant to sections 239
and 240. The formula shall take into account--
``(i) the number of workers enrolled in trade
adjustment assistance;
``(ii) the duration of the assistance;
``(iii) the anticipated training costs for workers;
and
``(iv) any other factors the Secretary deems
appropriate.
``(C) Until such time as Congress approves the formula, the
total amount of payments that may be made under subparagraph
(A) for any fiscal year shall not exceed fifty percent of the
amount of trade readjustment allowances paid to workers during
that fiscal year.''.
(d) Approved Training Programs.--
(1) In general.--Section 236(a)(5) of the Trade Act of 1974
(19 U.S.C. 2296(a)(5)) is amended--
(A) by striking ``and'' at the end of subparagraph
(E);
(B) by redesignating subparagraph (F) as
subparagraph (H); and
(C) by inserting after subparagraph (E) the
following:
``(F) integrated workforce training;
``(G) entrepreneurial training; and''.
(2) Definition.--Section 247 of the Trade Act of 1974 (19
U.S.C. 2319) is amended by adding at the end the following:
``(18) The term `integrated workforce training' means
training that integrates occupational skills training with
English language acquisition.''.
SEC. 106. FUNDING FOR ADMINISTRATIVE COSTS.
Section 241 of the Trade Act of 1974 (19 U.S.C. 2313) is amended by
adding at the end the following:
``(d) Funds provided by the Secretary to a State to cover
administrative costs associated with the performance of a State's
responsibilities under section 239 shall be sufficient to cover all
costs of the State associated with operating the trade adjustment
assistance program, including case worker costs.''.
SEC. 107. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 245(a) of the Trade Act of 1974 (19 U.S.C.
2317(a)) is amended by striking ``2007'' and inserting ``2012''.
(b) Firms.--Section 256(b) of the Trade Act of 1974 (19 U.S.C.
2346(b)) is amended--
(1) by striking ``$16,000,000'' and inserting
``$32,000,000''; and
(2) by striking ``2007'' and inserting ``2012''.
(c) Farmers.--Section 298(a) of the Trade Act of 1974 (19 U.S.C.
2401g(a)) is amended by striking ``2007'' and inserting ``2012''.
TITLE II--DATA COLLECTION
SEC. 201. SHORT TITLE.
This title may be cited as the ``Trade Adjustment Assistance
Accountability Act''.
SEC. 202. DATA COLLECTION; STUDY; INFORMATION TO WORKERS.
(a) Data Collection; Evaluations.--Subchapter C of chapter 2 of
title II of the Trade Act of 1974 is amended by inserting after section
249, the following new section:
``SEC. 250. DATA COLLECTION; EVALUATIONS; REPORTS.
``(a) Data Collection.--The Secretary shall, pursuant to
regulations prescribed by the Secretary, collect any data necessary to
meet the requirements of this chapter.
``(b) Performance Evaluations.--The Secretary shall establish an
effective performance measuring system to evaluate the following:
``(1) Program performance.--A comparison of the trade
adjustment assistance program before and after the effective
date of the Trade Adjustment Assistance Reform Act of 2002 with
respect to--
``(A) the number of workers certified and the
number of workers actually participating in the trade
adjustment assistance program;
``(B) the time for processing petitions;
``(C) the number of training waivers granted;
``(D) the coordination of programs under this
chapter with programs under the Workforce Investment
Act of 1998 (29 U.S.C. 2801 et seq.);
``(E) the effectiveness of individual training
providers in providing appropriate information and
training;
``(F) the extent to which States have designed and
implemented health care coverage options under title II
of the Trade Act of 2002, including any difficulties
States have encountered in carrying out the provisions
of title II;
``(G) how Federal, State, and local officials are
implementing the trade adjustment assistance program to
ensure that all eligible individuals receive benefits,
including providing outreach, rapid response, and other
activities; and
``(H) any other data necessary to evaluate how
individual States are implementing the requirements of
this chapter.
``(2) Program participation.--The effectiveness of the
program relating to--
``(A) the number of workers receiving benefits and
the type of benefits being received both before and
after the effective date of the Trade Adjustment
Assistance Reform Act of 2002;
``(B) the number of workers enrolled in, and the
duration of, training by major types of training both
before and after the effective date of the Trade
Adjustment Assistance Reform Act of 2002;
``(C) earnings history of workers that reflects
wages before separation and wages in any job obtained
after receiving benefits under this Act;
``(D) reemployment rates and sectors in which
dislocated workers have been employed;
``(E) the cause of dislocation identified in each
petition that resulted in a certification under this
chapter; and
``(F) the number of petitions filed and workers
certified in each congressional district of the United
States.
``(c) State Participation.--The Secretary shall ensure, to the
extent practicable, through oversight and effective internal control
measures the following:
``(1) State participation.--Participation by each State in
the performance measurement system established under subsection
(b) and shall provide incentives for States to supplement
employment and wage data obtained through the use of
unemployment insurance wage records.
``(2) Monitoring.--Monitoring by each State of internal
control measures with respect to performance measurement data
collected by each State.
``(3) Response.--The quality and speed of the rapid
response provided by each State under section 134(a)(2)(A) of
the Workforce Investment Act of 1998 (29 U.S.C. 2864(a)(2)(A)).
``(d) Reports.--
``(1) Reports by the secretary.--
``(A) Initial report.--Not later than 6 months
after the date of enactment of the Trade Adjustment
Assistance Accountability Act, the Secretary shall
submit to the Committee on Finance of the Senate and
the Committee on Ways and Means of the House of
Representatives a report that--
``(i) describes the performance measurement
system established under subsection (b);
``(ii) includes analysis of data collected
through the system established under subsection
(b); and
``(iii) provides recommendations for
program improvements.
``(B) Annual report.--Not later than 1 year after
the date the report is submitted under subparagraph
(A), and annually thereafter, the Secretary shall
submit to the Committee on Finance of the Senate and
the Committee on Ways and Means of the House of
Representatives and release to the public a report that
includes the information collected under clause (ii) of
subparagraph (A).
``(2) State reports.--Pursuant to regulations prescribed by
the Secretary, each State shall submit to the Secretary a
report that details its participation in the programs
established under this chapter, and that contains the data
necessary to allow the Secretary to submit the report required
under paragraph (1).
``(3) Publication.--The Secretary shall make available to
each State, to Congress, and to the public, the data gathered
and evaluated through the performance measurement system
established under subsection (b).''.
(b) Conforming Amendments.--
(1) Coordination.--Section 281 of the Trade Act of 1974 (19
U.S.C. 2392) is amended by striking ``Departments of Labor and
Commerce'' and inserting ``Departments of Labor, Commerce, and
Agriculture''.
(2) Trade monitoring system.--Section 282 of the Trade Act
of 1974 (19 U.S.C. 2393) is amended by striking ``The Secretary
of Commerce and the Secretary of Labor'' and inserting ``The
Secretaries of Commerce, Labor, and Agriculture''.
(3) Table of contents.--The table of contents for title II
of the Trade Act of 1974 is amended by inserting after the item
relating to section 249, the following new item:
``Sec. 250. Data collection; evaluations; reports.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is 60 days after the date of enactment of this
Act.
SEC. 203. DETERMINATIONS BY THE SECRETARY OF LABOR.
Section 223(c) of the Trade Act of 1974 (19 U.S.C. 2273(c)) is
amended to read as follows:
``(c) Publication of Determinations.--Upon reaching a determination
on a petition, the Secretary shall--
``(1) promptly publish a summary of the determination in
the Federal Register together with the Secretary's reasons for
making such determination; and
``(2) make the full text of the determination available to
the public on the Internet website of the Department of Labor
with full-text searchability.''.
TITLE III--TRADE ADJUSTMENT ASSISTANCE FOR FARMERS
SEC. 301. CLARIFICATION OF MARKETING YEAR AND OTHER PROVISIONS.
(a) In General.--Section 291(5) of the Trade Act of 1974 (19 U.S.C.
2401(5)) is amended by inserting before the end period the following:
``, or in the case of an agricultural commodity that has no officially
designated marketing year, in a 12-month period for which the
petitioner provides written request''.
(b) Fishermen.--Notwithstanding any other provision of law, for
purposes of chapter 2 of title II of the Trade Act of 1974 (19 U.S.C.
2271 et seq.) fishermen who harvest wild stock shall be eligible for
adjustment assistance to the same extent and in the same manner as a
group of workers under such chapter 2.
SEC. 302. ELIGIBILITY.
(a) In General.--Section 292(c)(1) of the Trade Act of 1974 (19
U.S.C. 2401a(c)(1)) is amended by striking ``80 percent'' and inserting
``90 percent''.
(b) Net Farm Income.--Section 296(a)(1)(C) of the Trade Act of 1974
(19 U.S.C. 2401e(a)(1)(C)) is amended by inserting before the end
period the following: ``or the producer had no positive net farm income
for the 2 most recent consecutive years in which no adjustment
assistance was received by the producer under this chapter''. | Trade Adjustment Assistance Improvement Act of 2005- Amends the Trade Act of 1974 to prohibit an adversely affected worker that would otherwise be entitled to a trade readjustment allowance (TRA) from being denied such allowance because of a pending judicial or administrative appeal regarding denial by the Secretary of Labor of a trade adjustment assistance (TAA) petition.
Establishes the Office of the Trade Adjustment Assistance Advisor in the Department of Labor.
Requires an employer's legal counsel or officer to certify any TAA petitions submitted to the Secretary as well as the accuracy or completeness of any requested evidence or information regarding the petition.
Modifies TAA certification requirements for a group of workers (including those in any agricultural firm or subdivision) where there has been a shift in production by such workers' firm or subdivision to a foreign country of articles like or directly competitive with articles produced by such firm or subdivision. Repeals the additional requirements that: (1) such country be a party to a free trade agreement with the United States or a beneficiary country under the Andean Trade Preference Act, African Growth and Opportunity Act, or the Caribbean Basin Economic Recovery Act; or (2) there has been or is likely to be an increase in imports of articles like or directly competitive with articles produced by such firm or subdivision.
Changes eligibility requirements for the demonstration project for alternative trade adjustment assistance for older workers.
Revises TRA eligibility requirements for adversely affected workers to: (1) extend training enrollment deadlines and TRA to accommodate such training; (2) modify funding for TRA training; and (3) include integrated workforce and entrepreneurial training in TRA approved training programs.
Trade Adjustment Assistance Accountability Act - Requires the Secretary to collect necessary data and establish an effective performance measuring system to evaluate: (1) TAA program performance and participation before and after the effective date of Trade Adjustment Assistance Reform Act of 2002; and (2) ensure state participation in the program.
Makes fishermen who harvest wild stock eligible for TAA.
Modifies TAA group eligibility requirements for agricultural commodity producers. | {"src": "billsum_train", "title": "A bill to make miscellaneous improvements to trade adjustment assistance."} | 4,421 | 433 | 0.521679 | 1.724201 | 0.734088 | 2.954198 | 9.470738 | 0.857506 |
SECTION 1. APPLICABILITY OF PUBLIC DEBT LIMIT TO FEDERAL TRUST FUNDS
AND OTHER FEDERAL ACCOUNTS.
(a) Protection of Federal Funds.--Notwithstanding any other
provision of law--
(1) no officer or employee of the United States may--
(A) delay the deposit of any amount into (or delay
the credit of any amount to) any Federal fund or
otherwise vary from the normal terms, procedures, or
timing for making such deposits or credits, or
(B) refrain from the investment in public debt
obligations of amounts in any Federal fund,
if a purpose of such action or inaction is to not increase the
amount of outstanding public debt obligations, and
(2) no officer or employee of the United States may
disinvest amounts in any Federal fund which are invested in
public debt obligations if a purpose of the disinvestment is to
reduce the amount of outstanding public debt obligations.
(b) Protection of Benefits and Expenditures for Administrative
Expenses.--
(1) In general.--Notwithstanding subsection (a), during any
period for which cash benefits or administrative expenses would
not otherwise be payable from a covered benefits fund by reason
of an inability to issue further public debt obligations
because of the applicable public debt limit, public debt
obligations held by such covered benefits fund shall be sold or
redeemed only for the purpose of making payment of such
benefits or administrative expenses and only to the extent cash
assets of the covered benefits fund are not available from
month to month for making payment of such benefits or
administrative expenses.
(2) Issuance of corresponding debt.--For purposes of
undertaking the sale or redemption of public debt obligations
held by a covered benefits fund pursuant to paragraph (1), the
Secretary of the Treasury may issue corresponding public debt
obligations to the public, in order to obtain the cash
necessary for payment of benefits or administrative expenses
from such covered benefits fund, notwithstanding the public
debt limit.
(3) Advance notice of sale or redemption.--Not less than 3
days prior to the date on which, by reason of the public debt
limit, the Secretary of the Treasury expects to undertake a
sale or redemption authorized under paragraph (1), the
Secretary of the Treasury shall report to each House of the
Congress and to the Comptroller General of the United States
regarding the expected sale or redemption. Upon receipt of such
report, the Comptroller General shall review the extent of
compliance with subsection (a) and paragraphs (1) and (2) of
this subsection and shall issue such findings and
recommendations to each House of the Congress as the
Comptroller General considers necessary and appropriate.
(c) Public Debt Obligation.--For purposes of this section, the term
``public debt obligation'' means any obligation subject to the public
debt limit established under section 3101 of title 31, United States
Code.
(d) Federal Fund.--For purposes of this section, the term ``Federal
fund'' means any Federal trust fund or Government account established
pursuant to Federal law to which the Secretary of the Treasury has
issued or is expressly authorized by law directly to issue obligations
under chapter 31 of title 31, United States Code, in respect of public
money, money otherwise required to be deposited in the Treasury, or
amounts appropriated.
(e) Covered Benefits Fund.--For purposes of subsection (b), the
term ``covered benefits fund'' means any Federal fund from which cash
benefits are payable by law in the form of retirement benefits,
separation payments, life or disability insurance benefits, or
dependent's or survivor's benefits, including (but not limited to) the
following:
(1) the Federal Old-Age and Survivors Insurance Trust Fund;
(2) the Federal Disability Insurance Trust Fund;
(3) the Civil Service Retirement and Disability Fund;
(4) the Government Securities Investment Fund;
(5) the Department of Defense Military Retirement Fund;
(6) the Unemployment Trust Fund;
(7) each of the railroad retirement funds and accounts;
(8) the Department of Defense Education Benefits Fund and
the Post-Vietnam Era Veterans Education Fund; and
(9) the Black Lung Disability Trust Fund.
SEC. 2. CONFORMING AMENDMENT.
(a) In General.--Subsections (j), (k), and (l) of section 8348
of title 5, United States Code, and subsections (g) and (h) of section
8438 of such title are hereby repealed.
(b) Retention of Authority To Restore Trust Funds With Respect
to Actions Taken Before Date of Enactment.--
(1) In general.--The repeals made by subsection (a) shall not
apply to the restoration requirements imposed on the Secretary
of the Treasury (or the Executive Director referred to in
section 8438(g)(5) of title 5, United States Code) with respect
to amounts attributable to actions taken under subsection
(j)(1) or (k) of section 8348, or section 8438(g)(1), of such
title before the date of the enactment of this Act.
(2) Restoration requirements.--For purposes of paragraph (1),
the term ``restoration requirements'' means the requirements
imposed by--
(A) paragraphs (2), (3), and (4) of subsection (j),
and subsection (l)(1), of section 8348 of such title,
and
(B) paragraphs (2), (3), (4), and (5) of subsection
(g), and subsection (h)(1), of section 8438 of such
title.
Passed the House of Representatives December 14, 1995.
Attest:
ROBIN H. CARLE,
Clerk. | Prohibits a U.S. officer or employee from: (1) delaying the deposit or credit of any amount into any Federal fund, otherwise varying from normal procedures for making deposits or credits, or refraining from investments in public debt obligations of amounts in such fund if the purpose of such action or inaction is to not increase the amount of outstanding public debt obligations; and (2) disinvesting amounts in any such fund which are invested in public debt obligations if a purpose is to reduce the amount of outstanding public debt obligations. Prescribes that during any period for which cash benefits or administrative expenses would not be payable from a covered benefits fund because of an inability to issue further public debt obligations due to the applicable public debt limit, such obligations held by a covered benefits fund will only be sold or redeemed for payment of: (1) such benefits; or (2) administrative expenses and only if cash assets of such fund are not available from month to month for the purpose of making such payments. Requires the Secretary of the Treasury to notify each House of the Congress and the Comptroller General not less than three days before an expected sale or redemption. | {"src": "billsum_train", "title": "To enforce the public debt limit and to protect the social security trust funds and other federal trust funds and accounts invested in public debt obligations."} | 1,207 | 243 | 0.736288 | 2.23803 | 0.849452 | 4.008969 | 5.161435 | 0.923767 |
SECTION 1. MODIFICATION OF AUTHORITIES RELATING TO USE OF PEN REGISTERS
AND TRAP AND TRACE DEVICES.
(a) General Limitation on Use by Governmental Agencies.--Section
3121(c) of title 18, United States Code, is amended--
(1) by inserting ``or trap and trace device'' after ``pen
register'';
(2) by inserting ``, routing, addressing,'' after
``dialing''; and
(3) by striking ``call processing'' and inserting ``the
processing and transmitting of wire and electronic
communications''.
(b) Issuance of Orders.--
(1) In general.--Subsection (a) of section 3123 of that
title is amended to read as follows:
``(a) In General.--(1) Upon an application made under section
3122(a)(1) of this title, the court shall enter an ex parte order
authorizing the installation and use of a pen register or trap and
trace device if the court finds that the attorney for the Government
has certified to the court that the information likely to be obtained
by such installation and use is relevant to an ongoing criminal
investigation. The order shall, upon service of the order, apply to any
entity providing wire or electronic communication service in the United
States whose assistance is required to effectuate the order.
``(2) Upon an application made under section 3122(a)(2) of this
title, the court shall enter an ex parte order authorizing the
installation and use of a pen register or trap and trace device within
the jurisdiction of the court if the court finds that the State law
enforcement or investigative officer has certified to the court that
the information likely to be obtained by such installation and use is
relevant to an ongoing criminal investigation.''.
(2) Contents of order.--Subsection (b)(1) of that section
is amended--
(A) in subparagraph (A)--
(i) by inserting ``or other facility''
after ``telephone line''; and
(ii) by inserting before the semicolon at
the end ``or applied''; and
(B) by striking subparagraph (C) and inserting the
following new subparagraph (C):
``(C) a description of the communications to which
the order applies, including the number or other
identifier and, if known, the location of the telephone
line or other facility to which the pen register or
trap and trace device is to be attached or applied,
and, in the case of an order authorizing installation
and use of a trap and trace device under subsection
(a)(2), the geographic limits of the order; and''.
(3) Nondisclosure requirements.--Subsection (d)(2) of that
section is amended--
(A) by inserting ``or other facility'' after ``the
line''; and
(B) by striking ``or who has been ordered by the
court'' and inserting ``or applied or who is obligated
by the order''.
(c) Emergency Installation.--Section 3125(a)(1) of that title is
amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by striking the comma at the end
and inserting a semicolon; and
(3) by inserting after subparagraph (B) the following new
subparagraphs:
``(C) immediate threat to the national security
interests of the United States;
``(D) immediate threat to public health or safety;
or
``(E) an attack on the integrity or availability of
a protected computer which attack would be an offense
punishable under section 1030(c)(2)(C) of this
title,''.
(d) Definitions.--
(1) Court of competent jurisdiction.--Paragraph (2) of
section 3127 of that title is amended by striking subparagraph
(A) and inserting the following new subparagraph (A):
``(A) any district court of the United States
(including a magistrate judge of such a court) or any
United States Court of Appeals having jurisdiction over
the offense being investigated; or''.
(2) Pen register.--Paragraph (3) of that section is
amended--
(A) by striking ``electronic or other impulses''
and all that follows through ``is attached'' and
inserting ``dialing, routing, addressing, or signalling
information transmitted by an instrument or facility
from which a wire or electronic communication is
transmitted''; and
(B) by inserting ``or process'' after ``device''
each place it appears.
(3) Trap and trace device.--Paragraph (4) of that section
is amended--
(A) by inserting ``or process'' after ``a device'';
and
(B) by striking ``of an instrument'' and all that
follows through the end and inserting ``or other
dialing, routing, addressing, and signalling
information relevant to identifying the source of a
wire or electronic communication;''.
SEC. 2. MODIFICATION OF PROVISIONS RELATING TO FRAUD AND RELATED
ACTIVITY IN CONNECTION WITH COMPUTERS.
(a) Penalties.--Subsection (c) of section 1030 of title 18, United
States Code, is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) by inserting ``except as provided in
subparagraphs (B) and (C),'' before ``a fine'';
(ii) by striking ``(a)(5)(C),'' and
inserting ``(a)(5),''; and
(iii) by striking ``and'' at the end;
(B) in subparagraph (B)--
(i) by inserting ``or an attempt to commit
an offense punishable under this
subparagraph,'' after ``subsection (a)(2),'' in
the matter preceding clause (i); and
(ii) by adding ``and'' at the end; and
(C) by striking subparagraph (C) and inserting the
following new subparagraph (C):
``(C) a fine under this title or imprisonment for not more
than 10 years, or both, in the case of an offense under
subsection (a)(5)(A) or (a)(5)(B), or an attempt to commit an
offense punishable under this subparagraph, if the offense
caused (or, in the case of an attempted offense, would, if
completed, have caused)--
``(i) loss to one or more persons during any one-
year period (including loss resulting from a related
course of conduct affecting one or more other protected
computers) aggregating at least $5,000 in value;
``(ii) the modification or impairment, or potential
modification or impairment, of the medical examination,
diagnosis, treatment, or care of one or more
individuals;
``(iii) physical injury to any person;
``(iv) a threat to public health or safety; or
``(v) damage affecting a computer system used by or
for a government entity in furtherance of the
administration of justice, national defense, or
national security; and'';
(2) by redesignating subparagraph (B) of paragraph (3) as
paragraph (4);
(3) in paragraph (3)--
(A) by striking ``(A)'' at the beginning; and
(B) by striking ``, (a)(5)(A), (a)(5)(B),''; and
(4) in paragraph (4), as designated by paragraph (2) of
this subsection, by striking ``(a)(4), (a)(5)(A), (a)(5)(B),
(a)(5)(C),'' and inserting ``(a)(2), (a)(3), (a)(4), (a)(6),''.
(b) Definitions.--Subsection (e) of that section is amended--
(1) in paragraph (2)(B), by inserting ``, including a
computer located outside the United States'' before the
semicolon;
(2) in paragraph (7), by striking ``and'' at the end;
(3) by striking paragraph (8) and inserting the following
new paragraph (8):
``(8) the term `damage' means any impairment to the
integrity, availability, or confidentiality of data, a program,
a system, or information;'';
(4) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(5) by adding at the end the following new paragraphs:
``(10) the term `conviction' shall include an adjudication
of juvenile delinquency for a violation of this section; and
``(11) the term `loss' means any reasonable cost to any
victim, including the cost of responding to an offense,
conducting a damage assessment, and restoring the data,
program, system, or information to its condition prior to the
offense, and any revenue lost or cost incurred because of
interruption of service.''.
(c) Damages in Civil Actions.--Subsection (g) of that section is
amended in the second sentence by striking ``involving damage'' and all
that follows through the period and inserting ``of subsection (a)(5)
shall be limited to loss unless such action includes one of the
elements set forth in clauses (ii) through (v) of subsection
(c)(2)(C).''.
(d) Criminal Forfeiture.--That section is further amended by adding
at the end the following new subsection:
``(i)(1) The court, in imposing sentence on any person convicted of
a violation of this section, may order, in addition to any other
sentence imposed and irrespective of any provision of State law, that
such person forfeit to the United States--
``(A) the interest of such person in any property, whether
real or personal, that was used or intended to be used to
commit or to facilitate the commission of such violation; and
``(B) any property, whether real or personal, constituting
or derived from any proceeds that such person obtained, whether
directly or indirectly, as a result of such violation.
``(2) The criminal forfeiture of property under this subsection,
any seizure and disposition thereof, and any administrative or judicial
proceeding relating thereto, shall be governed by the provisions of
section 413 of the Controlled Substances Act (21 U.S.C. 853), except
subsection (d) of that section.''.
(e) Civil Forfeiture.--That section, as amended by subsection (d)
of this section, is further amended by adding at the end the following
new subsection:
``(j)(1) The following shall be subject to forfeiture to the United
States, and no property right shall exist in them:
``(A) Any property, whether real or personal, that is used
or intended to be used to commit or to facilitate the
commission of any violation of this section.
``(B) Any property, whether real or personal, that
constitutes or is derived from proceeds traceable to any
violation of this section.
``(2) The provisions of chapter 46 of this title relating to civil
forfeiture shall apply to any seizure or civil forfeiture under this
subsection.''.
SEC. 3. JUVENILE DELINQUENCY.
Clause (3) of the first paragraph of section 5032 of title 18,
United States Code, is amended--
(1) by striking ``or'' before ``section 1002(a)'';
(2) by striking ``or'' before ``section 924(b)''; and
(3) by inserting after ``or (h) of this title,'' the
following: ``or section 1030(a)(1), (a)(2)(B), or (a)(3) of
this title, or is a felony violation of section 1030(a)(5) of
this title where such violation of such section 1030(a)(5) is
punishable under clauses (ii) through (v) of section
1030(c)(2)(C) of this title,''.
SEC. 4. AMENDMENT TO SENTENCING GUIDELINES.
Section 805(c) of the Antiterrorism and Effective Death Penalty Act
of 1996 (Public Law 104-132; 28 U.S.C. 994 note) is amended by striking
``paragraph (4) or (5)'' and inserting ``paragraph (4) or a felony
violation of paragraph (5)(A)''.
SEC. 5. DEPARTMENT OF DEFENSE GRANTS TO IMPROVE DOMESTIC PREPAREDNESS
TO COMBAT TERRORISM.
(a) Research and Development Grants Authorized.--
(1) In general.--From amounts made available to carry out
this section, the Secretary of Defense may make grants to, or
enter into contracts with, a qualified entity or organization
to--
(A) conduct research for the prevention of
cyberterrorism; or
(B) develop technology products or services
designed for use in the prevention of cyberterrorism.
(2) Condition of grant.--A qualified entity or organization
receiving a grant from, or under a contract with, the Secretary
of Defense under paragraph (1) shall submit to the Secretary a
report on the results of the research or development conducted
pursuant to the grant or contract, and shall make available to
the Secretary such technologies and processes used by the
entity or organization to prevent cyberterrorism.
(b) Improvement Grants Authorized.--
(1) In general.--From amounts made available to carry out
this section, the Secretary of Defense may make grants to, or
enter into contracts with, a qualified entity or organization
to--
(A) make improvements to the critical information
protection architecture of such entity or organization;
or
(B) refinance improvements previously made to such
architecture.
(2) Condition of grant.--A qualified entity or organization
receiving a grant from, or under a contract with, the Secretary
of Defense under paragraph (1) shall submit to the Secretary a
report on the results of the improvements carried out pursuant
to the grant or contract.
(c) Regulations.--The Secretary of Defense shall carry out this
section in accordance with regulations prescribed by the Secretary.
Those regulations shall include goals for the use of the assistance
provided under this section and standards for evaluating whether those
goals are met by each entity or organization receiving such assistance.
(d) Definitions.-- In this section:
(1) The term ``cyberterrorism'' means the commission of any
of the following acts with respect to protected computers (as
defined in section 1030(e)(2) of title 18, United States Code):
(A) Knowing transmission of a program, information,
code, or command, and as a result of such conduct,
intentionally causes damage without authorization, to a
protected computer.
(B) Intentional access of a protected computer
without authorization, and as a result of such conduct,
recklessly causes damage.
(C) Intentional access of a protected computer
without authorization, and as a result of such conduct,
causes damage.
(2) The term ``qualified entity or organization'' means an
entity or organization that the Secretary of Defense
determines--
(A) meets standards of prevention of cyberterrorism
applicable to the Department of Defense and responds to
the commission of cyberterrorism in an instantaneous
and efficient manner; or
(B) provides technology products and services
designed for use in the prevention of cyberterrorism.
(e) Report.--Not later than 30 days after the end of the period of
2 fiscal years beginning after the date of the enactment of this Act,
the Secretary shall submit to the Congress a report on the activities
carried out under this section. The report shall include an evaluation
of the success of the activities carried out under this section and any
other information that the Secretary considers appropriate.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Defense $100,000,000 for the purposes
of carrying out this section for fiscal year 2001. | Directs the court, upon application made by an attorney for the Government or by a State investigative or law enforcement officer, to enter an ex parte order authorizing the installation and use of such a device if it finds that such attorney or officer has certified that the information likely to be obtained is relevant to an ongoing criminal investigation. Requires the order to specify a description of the communications to which the order applies, including the number or other identifier and, if known, the location of the telephone line or other facility to which the device is to be attached or applied, and, in with respect to States, the geographic limits of the order.
Provides for emergency installation of such a device in situations involving: (1) an immediate threat to U.S. national security interests or to public health or safety; or (2) an attack on the integrity or availability of a protected computer if such attack would be a Federal computer fraud offense.
Modifies the definitions of: (1) "court of competent jurisdiction" to mean any U.S. district court or any U.S. Court of Appeals having jurisdiction over the offense being investigated; and (2) "pen register" and "trap and trace device" to cover processes (as well as devices) and dialing, routing, addressing, or signaling information with respect to a wire or electronic communication.
(Sec. 2) Revises Federal criminal code (the code) provisions regarding penalties for fraud and related activity in connection with computers to cover certain attempts to commit punishable offenses and to provide penalties for offenses (or attempts) regarding: (1) loss to one or more persons during any one-year period aggregating at least $5,000 in value; (2) the modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of one or more individuals; (3) physical injury to any person; (4) a threat to public health or safety; or (5) damage affecting a computer system used by or for a government entity in furtherance of the administration of justice, national defense, or national security. Repeals a limitation on damages in civil actions to economic damages if any of subparagraphs (2) through (5) apply.
Directs the court, in imposing sentence on any person convicted of a violation, to order, in addition to any other sentence imposed and irrespective of any State law provision, that such person forfeit to the United States: (1) any property that was used to commit or to facilitate such violation; and (2) any property constituting or derived from any proceeds that such person obtained as a result of such violation. Makes specified Controlled Substances Act provisions regarding the criminal forfeiture, seizure, and disposition of property applicable to this section.
Sets forth similar provisions with respect to civil forfeiture.
(Sec. 3) Amends provisions of the code regarding juvenile delinquency proceedings in district courts, and transfer for criminal prosecution, to cover situations involving fraud and related activity in connection with computers.
(Sec. 4) Modifies provisions of the Antiterrorism and Effective Death Penalty Act of 1996 to direct the United States Sentencing Commission to amend the sentencing guidelines to ensure that any individual convicted of a felony violation of the prohibition against knowingly causing the transmission of a program, information, code, or command and thereby intentionally causing damage, without authorization, to a protected computer is imprisoned for not less than six months.
(Sec. 5) Authorizes the Secretary of Defense to make grants to, or enter into contracts with, a qualified entity or organization to: (1) conduct research for the prevention of cyberterrorism or to develop technology products or services designed for use in its prevention; and (2) make improvements to the critical information protection architecture of such entity or organization or to refinance improvements previously made to such architecture. Sets forth reporting requirements. Authorizes appropriations. | {"src": "billsum_train", "title": "To amend title 18, United States Code, to modify authorities relating to the use of pen registers and trap and trace devices, to modify provisions relating to fraud and related activities in connection with computers, and for other purposes."} | 3,579 | 839 | 0.599919 | 1.901716 | 0.632185 | 4.12037 | 4.308201 | 0.906085 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recycling Investment Saves Energy''
or the ``RISE Act''.
SEC. 2. FINDINGS.
The Senate finds the following:
(1) Recycling means business in the United States, with
more than 56,000 reuse and recycling establishments that employ
over 1.1 million people, generating an annual payroll of nearly
$37 billion, and grossing over $236 billion in annual revenues.
On a per-ton basis, sorting and processing recyclables alone
sustain 10 times more jobs than landfilling or incineration.
(2) By reducing the need to extract and process virgin raw
materials into manufacturing feedstock, reuse and recycling
helps achieve significant energy savings. For example:
(A) Taken together, the amount of energy wasted
from not recycling aluminum and steel cans, paper,
printed materials, glass, and plastic equals the annual
output of 15 medium sized power plants.
(B) The reuse of 500 steel drums per week yields 6
trillion Btu's per year, which is enough energy savings
to power a city the size of Colorado Springs, Colorado,
for 1 year.
(3) Unfortunately, the United States recycling rate of many
consumer commodities, including aluminum, glass, and plastic,
are stagnant or declining, and businesses that rely on recycled
feedstock are finding it difficult to obtain the quantity and
quality of recycled materials needed. Increasingly, United
States manufacturing facilities that rely on recycled feedstock
are closing or forced to re-tool to use virgin materials.
(4) The environmental impacts from reuse and recycling are
significant. Increased reuse and recycling would produce
significant environmental benefits, such as cleaner air, safer
water, and reduced production costs. For example:
(A) Between 2 and 5 percent of the waste stream is
reusable. Reuse prevents waste creation and adverse
impacts from disposal.
(B) On a per-ton basis, recycling of: office paper
prevents 60 pounds of air pollutants from being
released, saves 7,000 gallons of water, and 3.3 cubic
yards of landfill space; aluminum saves 10 cubic yards
of landfill space; plastic saves 30 cubic yards of
landfill space; glass prevents 7.5 pounds of air
pollutants from being released and saves 2 cubic yards
of landfill space; and steel saves 4 cubic yards of
landfill space.
(5) A national investment in the reuse and recycling
industries is needed to preserve and expand America's reuse and
recycling infrastructure.
SEC. 3. CREDIT FOR REUSE AND RECYCLING PROPERTY.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 45N. CREDIT FOR QUALIFIED REUSE AND RECYCLING PROPERTY.
``(a) Allowance of Credit.--For purposes of section 38, the
qualified reuse and recycling property credit determined under this
section for the taxable year is an amount equal to 15 percent of the
amount paid or incurred during the taxable year for the cost of
qualified reuse and recycling property placed in service or leased by
the taxpayer.
``(b) Definitions.--For purposes of this section--
``(1) Qualified reuse and recycling property.--
``(A) In general.--The term `qualified reuse and
recycling property' means any machinery and equipment
(not including buildings or real estate), along with
all appurtenances thereto, including software necessary
to operate such equipment, which is used exclusively to
collect, distribute, or recycle qualified reuse and
recyclable materials.
``(B) Exclusion.--Such term does not include
rolling stock or other equipment used to transport
reuse and recyclable materials.
``(2) Qualified reuse and recyclable materials.--
``(A) In general.--The term `qualified reuse and
recyclable materials' means scrap plastic, scrap
textiles, scrap rubber, scrap packaging, recovered
fiber, scrap ferrous and nonferrous metals, or
electronic waste generated by an individual or
business.
``(B) Electronic waste.--For purposes of
subparagraph (A), the term `electronic waste' means--
``(i) any cathode ray tube, flat panel
screen, or similar video display device with a
screen size greater than 4 inches measured
diagonally, or
``(ii) any central processing unit.
``(3) Recycling or recycle.--The term `recycling' or
`recycle' means that process (including sorting) by which worn
or superfluous materials are manufactured or processed into
specification grade commodities that are suitable for use as a
replacement or substitute for virgin materials in manufacturing
tangible consumer and commercial products, including packaging.
``(c) Amount Paid or Incurred.--For purposes of this section--
``(1) In general.--The term `amount paid or incurred'
includes installation costs.
``(2) Lease payments.--In the case of the leasing of
qualified reuse and recycling property by the taxpayer, the
term `amount paid or incurred' means the amount of the lease
payments due to be paid during the term of the lease occurring
during the taxable year other than such portion of such lease
payments attributable to interest, insurance, and taxes.
``(3) Grants, etc. excluded.--The term `amount paid or
incurred' shall not include any amount to the extent such
amount is funded by any grant, contract, or otherwise by
another person (or any governmental entity).
``(d) Election to Have Section Not Apply.--A taxpayer may elect for
any taxable year to have this section not apply with respect to any
qualified recycling property specified by the taxpayer.
``(e) Other Tax Deductions and Credits Available for Portion of
Cost Not Taken Into Account for Credit Under This Section.--No
deduction or other credit under this chapter shall be allowed with
respect to the amount of the credit determined under this section.
``(f) Basis Adjustments.--For purposes of this subtitle, if a
credit is allowed under this section for any amount paid or incurred
with respect to any property, the increase in the basis of such
property which would (but for this subsection) result from such
expenditure shall be reduced by the amount of the credit so allowed.''.
(b) Conforming Amendments.--
(1) Credit made part of general business credit.--
Subsection (b) of section 38 of the Internal Revenue Code of
1986 is amended by striking ``and'' at the end of paragraph
(29), by striking the period at the end of paragraph (30) and
inserting ``, plus'', and by adding at the end the following
new paragraph:
``(31) the qualified reuse and recycling property credit
determined under section 45N(a).''.
(2) Subsection (a) of section 1016 of such Code is amended
by striking ``and'' at the end of paragraph (36), by striking
the period at the end of paragraph (37) and inserting ``;
and'', and by adding at the end the following new paragraph:
``(38) to the extent provided in section 45N(f), in the
case of amounts with respect to which a credit has been allowed
under section 45N.''.
(3) Section 6501(m) of such Code is amended by inserting
``45N(d),'' after ``45C(d)(4),''.
(4) The table of sections for subpart D of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 45M the following new item:
``Sec. 45N. Credit for qualified reuse and recycling property.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2005.
SEC. 4. SPECIAL DEPRECIATION ALLOWANCE FOR CERTAIN REUSE AND RECYCLING
PROPERTY.
(a) In General.--Section 168 of the Internal Revenue Code of 1986
(relating to accelerated cost recovery system) is amended by adding at
the end the following new subsection:
``(l) Special Allowance for Certain Reuse and Recycling Property.--
``(1) In general.--In the case of any qualified reuse and
recycling property--
``(A) the depreciation deduction provided by
section 167(a) for the taxable year in which such
property is placed in service shall include an
allowance equal to 50 percent of the adjusted basis of
the qualified reuse and recycling property, and
``(B) the adjusted basis of the qualified reuse and
recycling property shall be reduced by the amount of
such deduction before computing the amount otherwise
allowable as a depreciation deduction under this
chapter for such taxable year and any subsequent
taxable year.
``(2) Qualified reuse and recycling property.--For purposes
of this subsection--
``(A) In general.--The term `qualified reuse and
recycling property' means any qualified reuse and
recycling property (as defined in section 45N(b)(1))--
``(i) to which this section applies,
``(ii) which has a useful life of at least
5 years,
``(iii) the original use of which commences
with the taxpayer after December 31, 2005,
``(iv) which is--
``(I) acquired by purchase (as
defined in section 179(d)(2)) by an
eligible taxpayer after December 31,
2005, but only if no written binding
contract for the acquisition was in
effect before December 31, 2005, or
``(II) acquired by the eligible
taxpayer pursuant to a written binding
contract which was entered into after
December 31, 2005.
``(B) Exceptions.--
``(i) Alternative depreciation property.--
The term `qualified property' shall not include
any property to which the alternative
depreciation system under subsection (g)
applies, determined without regard to paragraph
(7) of subsection (g) (relating to election to
have system apply).
``(ii) Election out.--If a taxpayer makes
an election under this clause with respect to
any class of property for any taxable year,
this subsection shall not apply to all property
in such class placed in service during such
taxable year.
``(C) Special rules.--
``(i) Self-constructed property.--In the
case of an eligible taxpayer manufacturing,
constructing, or producing property for the
eligible taxpayer's own use, the requirements
of clause (iv) of subparagraph (A) shall be
treated as met if the eligible taxpayer begins
manufacturing, constructing, or producing the
property after December 31, 2005.
``(ii) Sale-leasebacks.--For purposes of
subparagraph (A)(iii), if property--
``(I) is originally placed in
service after December 31, 2005, by a
person, and
``(II) sold and leased back by such
person within 3 months after the date
such property was originally placed in
service,
such property shall be treated as originally
placed in service not earlier than the date on
which such property is used under the leaseback
referred to in subclause (II).
``(D) Deduction allowed in computing minimum tax.--
For purposes of determining alternative minimum taxable
income under section 55, the deduction under subsection
(a) for qualified reuse and recycling property shall be
determined under this section without regard to any
adjustment under section 56.
``(3) Eligible taxpayer.--For purposes of this subsection,
the term `eligible taxpayer' means, with respect to any
qualified reuse and recycling property, any taxpayer which
elects not to have section 45N apply with respect to such
property.''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2005.
SEC. 5. TAX-EXEMPT BOND FINANCING OF RECYCLING FACILITIES.
(a) In General.--Section 142 of the Internal Revenue Code of 1986
(defining exempt facility bond) is amended by adding at the end the
following new subsection:
``(n) Solid Waste Disposal Facilities.--
``(1) In general.--For purposes of subsection (a)(6) only,
the term `solid waste disposal facilities' means any facility
used to perform a solid waste disposal function.
``(2) Solid waste disposal function.--
``(A) In general.--For purposes of this subsection
only, the term `solid waste disposal function' means
the collection, separation, sorting, storage,
treatment, disassembly, handling, or processing of
solid waste in any manner designed to dispose of the
solid waste, including processing the solid waste into
a useful energy source or product.
``(B) Extent of function.--For purposes of this
subsection only, the solid waste disposal function ends
at the later of--
``(i) the point of final disposal of the
solid waste,
``(ii) immediately after the solid waste is
incinerated to produce energy, or
``(iii) the point at which the solid waste
has been converted into a material or product
that can be sold in the same manner as
comparable material or product produced from
virgin material.
``(C) Functionally related and subordinate
facilities.--For purposes of this subsection only, in
the case of a facility used to perform both a solid
waste disposal function and another function--
``(i) the costs of the facility allocable
to the solid waste disposal function are
determined using any reasonable method based
upon facts and circumstances, and
``(ii) if during the period that bonds
issued as part of an issue described in
subsection (a)(6) are outstanding with respect
to any facility at least 65 percent of the
materials processed in such facility are solid
waste materials as measured by weight or
volume, then all of the costs of the property
used to perform such process are allocable to a
solid waste disposal function.
``(3) Solid waste.--For purposes of this subsection only--
``(A) In general.--The term `solid waste' means
garbage, refuse, or discarded solid materials,
including waste materials resulting from industrial,
commercial, agricultural, or community activities.
``(B) Garbage, refuse or discarded solid
materials.--For purposes of subparagraph (A), the term
`garbage, refuse, or discarded solid materials' means
materials that are useless, unused, unwanted, or
discarded.
``(C) Exclusion.--The term `solid waste' does not
include materials in domestic sewage, pollutants in
industrial or other water resources, or other liquid or
gaseous waste materials.''.
(b) Effective Date.--The amendment made by this section shall apply
to bonds issued before, on, or after the date of the enactment of this
Act. | Recycling Investment Saves Energy or the RISE Act - Amends the Internal Revenue Code to: (1) allow a taxpayer election of a tax credit for 15% of the cost of qualified reuse and recycling property or a tax deduction for 50% of the adjusted basis of such property; and (2) define solid waste disposal facilities to include reuse and recycling functions for purposes of tax-exempt bond financing. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code to allow a credit against income tax, or, in the alternative, a special depreciation allowance, for reuse and recycling property, to provide for tax-exempt financing of recycling equipment, and for other purposes."} | 3,299 | 82 | 0.491011 | 1.356907 | 0.418802 | 2.692308 | 39.076923 | 0.923077 |
SECTION 1. INDIAN GAMING RESTRICTED.
(a) Regulation of Class II Gaming.--Section 11(b) of the Act (25
U.S.C. 2710(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) by inserting ``(i)'' after ``(A)'';
(ii) in clause (i), as designated by clause
(i) of this subparagraph, by striking ``any
purpose'' and all that follows through ``law),
and'' and inserting ``a commercial purpose by
any person, organization or entity, or''; and
(iii) by inserting after clause (i), as
designated by clause (i) of this subparagraph,
the following:
``(ii) such Indian gaming is for charitable purposes and is
located within a State that permits such gaming for charitable
purposes by a person, organization or entity,'';
(B) by redesignating subparagraph (B) as
subparagraph (D) and inserting the following:
``(B) such gaming is not otherwise specifically prohibited
on Indian lands by Federal law,
``(C) permissible gaming is limited to the specific forms
of, and methods of play for, gaming activities expressly
authorized by the law of the State, and''; and
(2) in paragraph (2)--
(A) in subparagraph (E), by striking ``and'' at the
end;
(B) in subparagraph (F), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(G) all gaming activities shall be conducted in
conformity with those laws and regulations (if any) of the
State regarding specific games allowed and methods of play,
including, but not limited to, periods of operation, limitation
on wagers, pot sizes, and losses.''.
(b) Regulation of Class III Gaming.--Section 11(d)(1) of the Act
(25 U.S.C. 2710(d)(1)) is amended--
(1) by amending subparagraph (B) to read as follows:
``(B) located in a State that permits such gaming for any
purpose by any person, organization, or entity which conducts
the authorized gaming activity as part of a commercial, for-
profit business enterprise; except that a Tribal-State compact
may permit any other class III gaming authorized by a State if
conducted in accordance with State law;''; and
(2) by redesignating subparagraph (C) as subparagraph (D)
and inserting after subparagraph (B) the following new
subparagraph:
``(C) limited to the specific forms of, and methods of play
for, gaming activities expressly authorized by the law of the
State; and''.
SEC. 2. DEFINITION OF CLASS III GAMING.
Section 4 of the Act (25 U.S.C. 2703) is amended--
(1) in paragraph (7)(A)(i), by inserting after
``therewith)'' the following: ``except video bingo''; and
(2) in paragraph (8), by inserting before the period at the
end the following: ``including, but not limited to, slot
machines (as such term is defined in subsection (a)(1) of the
first section of the Act of January 2, 1951 (Chapter 1194; 64
Stat. 1134)), electronic or electromechanical facsimiles of any
game of chance, and any and all forms of electronic video games
or devices, such as video bingo, video pull-tabs, video keno,
and video blackjack''.
SEC. 3. COMPACT NEGOTIATION.
(a) Burden of Proof.--Section 11(d)(7)(B)(ii) of the Act (25 U.S.C.
2710(d)(7)(B)(ii)) is amended by striking ``burden of proof shall be
upon the State to prove that the State'' and inserting ``burden of
proof shall be upon the Indian tribe to prove that the State''.
(b) Certain Evidence.--Section 11(d)(7)(B)(iii) of the Act (25
U.S.C. 2710(d)(7)(B)(iii)) is amended--
(1) in subclause (I), by striking ``, and'' and inserting a
semicolon;
(2) in subclause (II), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(III) except as provided in clause (ii),
shall not consider as evidence that the State
has not negotiated in good faith a demand by
the State that the gaming activities
contemplated by the compact be conducted on the
same basis as gaming activities which may be
conducted by any other person or entity under
the terms of relevant State law.''.
SEC. 4. NATIONAL INDIAN GAMING COMMISSION.
(a) Additional Members.--Section 5(b)(1) of the Act (25 U.S.C.
2704(b)(1)) is amended--
(1) in the material preceding subparagraph (A), by striking
``three'' and inserting ``five'';
(2) in subparagraph (A), by striking ``and'';
(3) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(C) two associate members who shall be appointed
by the President, with the advice and consent of the
Senate, from among State officials.''.
(b) Composition.--Section 5(b)(3) of the Act (25 U.S.C. 2704(b)(3))
is amended in the first sentence by striking ``two'' and inserting
``three''.
(c) Quorum.--Section 5(d) of the Act (25 U.S.C. 2704(d)) is amended
by striking ``two'' and inserting ``three''.
(d) Effective Date; Transition Rules.--(1) Except as required for
paragraph (2), the amendments made by this section shall take effect at
the end of the 90-day period beginning on the date of enactment of this
Act and shall apply with respect to any action taken by the National
Indian Gaming Commission after the end of such period.
(2) Not later than 90 days after the date of enactment of this Act,
the President shall make the initial appointments of the associate
members of the National Indian Gaming Commission, as required by the
amendments made by subsection (a) of this section, in accordance with
the Indian Gaming Regulatory Act, as amended by this Act.
SEC. 5. GAMING ON AFTER ACQUIRED LANDS.
Section 20(b)(1)(A) of the Act (25 U.S.C. 2719(b)(1)(A)) is
amended--
(1) by striking ``and appropriate State and local
officials, including officials of other nearby Indian tribes,''
and inserting the following: ``, appropriate State and local
officials (including officials of other nearby Indian tribes),
and officials of other nearby communities (including
communities across State borders that would be directly
affected by gaming conducted on such lands),''; and
(2) by striking ``community'' and inserting ``communities
(including communities across State borders that would be
directly affected by gaming conducted on such lands)''. | Amends the Indian Gaming Regulatory Act to revise conditions for regulation of certain types of gaming activities on Indian lands.
Revises such conditions with respect to the regulation of Class II and Class III gaming activities to specify that these shall be limited to the specific forms of, and methods of play for, those gaming activities expressly authorized by the law of the State.
Excludes video bingo from the definition of class II gaming. Includes video bingo, and any other forms of electronic video games or devices, as well as slot machines, within the definition of class III gaming.
Shifts the burden of proof from a State to an Indian tribe in a compact negotiation-related action initiated by a tribe.
Increases the membership of the National Indian Gaming Commission.
Includes, under provisions for determining whether gaming activities on newly acquired Indian lands are to be allowed, consideration of communities across State borders that would be seriously affected, as well as consultation with officials of such communities. | {"src": "billsum_train", "title": "To amend the Indian Gaming Regulatory Act, and for other purposes."} | 1,702 | 204 | 0.510621 | 1.40572 | 0.863262 | 3.037234 | 7.856383 | 0.856383 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mountains to Sound Greenway National
Heritage Act''.
SEC. 2. PURPOSES.
The purposes of this Act include--
(1) to recognize the national importance of the natural and
cultural legacies of the area, as demonstrated in the study
entitled ``Mountains to Sound Greenway National Heritage Area
Feasibility Study'' dated April 2012;
(2) to recognize the heritage of natural resource
conservation in the Pacific Northwest and in the Mountains to
Sound Greenway;
(3) to preserve, support, conserve, and interpret the
legacy of natural resource conservation and community
stewardship, passed from generation-to-generation within the
Heritage Area;
(4) to promote heritage, cultural, and recreational tourism
and to develop educational and cultural programs for visitors
and the general public;
(5) to recognize and interpret important events and
geographic locations representing key developments in the
creation of America, particularly the settlement of the
American West and the stories of diverse ethnic groups,
including Indians and others;
(6) to enhance a cooperative management framework to assist
Federal, State, local, and tribal governments, the private
sector, and citizens residing in the Heritage Area in
conserving, supporting, managing, enhancing, natural, and
recreational sites in the Heritage Area;
(7) to recognize and interpret the relationship between
land and people, representing broad American ideals
demonstrated through the integrity of existing resources within
the Heritage Area; and
(8) to support working relationships between public land
managers and the community by creating relevant linkages
between the National Park Service, the Forest Service, other
relevant Federal agencies, Indian tribes, State and local
governments and agencies, and community stakeholders within and
surrounding the Heritage Area in order to protect, enhance, and
interpret cultural and natural resources within the Heritage
area.
SEC. 3. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Mountains to Sound Greenway National Heritage Area established
in this Act.
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the entity selected by the
Secretary under this Act.
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area required under
section 4.
(4) Map.--The term ``Map'' means the map titled ``Mountains
to Sound Greenway National Heritage Area Proposed Boundary''
numbered 584/125,484, and dated August 2014.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of
Washington.
(7) Tribal.--The term ``tribal'' means the federally
recognized Indian tribes with usual and accustomed places in
the Heritage Area, including the Snoqualmie, Yakama, Tulalip,
Muckleshoot, and Colville Indian tribes.
SEC. 4. DESIGNATION OF THE MOUNTAINS TO SOUND GREENWAY NATIONAL
HERITAGE AREA.
(a) Establishment.--There is established in the State the Mountains
to Sound Greenway National Heritage Area.
(b) Boundaries.--The Heritage Area shall consist of land located in
King and Kittitas Counties in the State, as generally depicted on the
map.
(c) Map.--The map shall be on file and available for public
inspection in the appropriate offices of the National Park Service, the
United States Forest Service, and the local coordinating entity.
(d) Local Coordinating Entity.--The Secretary shall designate a
willing local unit of government or a non-profit organization to serve
as the coordinating entity for the Heritage Area within 120 days of the
enactment of this Act.
SEC. 5. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date of the
enactment of this Act, the local coordinating entity shall submit to
the Secretary for approval a proposed management plan for the Heritage
Area.
(b) Requirements.--The management plan shall--
(1) incorporate an integrated and cooperative approach for
the protection, enhancement, and interpretation of the natural,
cultural, historic, scenic, and recreational resources of the
Heritage Area;
(2) take into consideration Federal, State, and local
plans;
(3) include--
(A) an inventory of the natural, historical,
cultural, educational, scenic, and recreational
resources of the Heritage Area which relate to the
national importance and themes of the Heritage Area
that should be conserved and enhanced;
(B) a description of strategies and recommendations
for conservation, funding, management, and development
of the Heritage Area;
(C) a description of the actions that governments,
private organizations, and individuals have agreed to
take to protect the natural, cultural, historical,
scenic, and recreational resources of the Heritage
Area;
(D) a program of implementation for the management
plan by the local coordinating entity, including--
(i) performance goals; and
(ii) commitments for implementation made by
partners;
(E) the identification of sources of funding for
carrying out the management plan;
(F) analysis and recommendations for means by which
Federal, State, and local programs may best be
coordinated to carry out this section;
(G) an interpretive plan for the Heritage Area;
(H) recommended policies and strategies for
resource management, including the development of
intergovernmental and interagency cooperative
agreements to protect the natural, cultural,
historical, scenic, and recreational resources of the
Heritage Area; and
(I) a definition of the roles of the National Park
Service, the Forest Service and other Federal agencies
in the coordination of the Heritage Area and in
otherwise furthering the purposes of this Act.
(c) Deadline.--If a proposed management plan is not submitted to
the Secretary by the date that is 3 years after the date of the
enactment of this Act, the local coordinating entity shall be
ineligible to receive additional funding under this Act until the date
on which the Secretary receives and approves the management plan.
(d) Approval or Disapproval of Management Plan.--
(1) In general.--Not later than 180 days after the date of
receipt of the proposed management plan, the Secretary, in
consultation with the State, shall approve or disapprove the
management plan.
(2) Criteria for approval.--In determining whether to
approve the management plan, the Secretary shall consider
whether--
(A) the local coordinating entity has afforded
adequate opportunity, including public hearings, for
public and governmental involvement in the preparation
of the management plan; and
(B) the resource protection and interpretation
strategies contained in the management plan, if
implemented, would adequately protect the natural,
cultural, historical, scenic, and recreational
resources of the Heritage Area.
(e) Action Following Disapproval.--If the Secretary disapproves the
management plan, the Secretary shall--
(1) advise the local coordinating entity in writing of the
reasons for the disapproval;
(2) make recommendations to the local coordinating entity
for revisions to the management plan; and
(3) not later than 180 days after the receipt of any
revised management plan from the local coordinating entity,
approve or disapprove the revised management plan.
(f) Amendments.--The Secretary shall review and approve or
disapprove in the same manner as the original management plan, each
amendment to the management plan that makes a substantial change to the
management plan, as determined by the Secretary. The local coordinating
entity shall not carry out any amendment to the management plan until
the date on which the Secretary has approved the amendment.
SEC. 6. ADMINISTRATION.
(a) Authorities.--For purposes of implementing the management plan,
the Secretary and Forest Service may--
(1) provide technical assistance for the implementation of
the management plan;
(2) enter into cooperative agreements with the local
coordinating entity, State and local agencies, and other
interested parties to carry out this Act, including cooperation
and cost sharing as appropriate to provide more cost-effective
and coordinated public land management; and
(3) the authority of the Secretary to provide technical
assistance under this Act terminates on the date that is 15
years after the date of the enactment of this Act.
(b) Local Coordinating Entity Authorities.--For purposes of
implementing the management plan, the local coordinating entity may--
(1) make grants to the State or a political subdivision of
the State, nonprofit organizations, and other persons;
(2) enter into cooperative agreements with, or provide
technical assistance to, Federal agencies, the State or
political subdivisions of the State, nonprofit organizations,
and other interested parties;
(3) hire and compensate staff, including individuals with
expertise in natural, cultural, historical, scenic, and
recreational resource protection and heritage programming;
(4) obtain money or services from any source, including any
money or services that are provided under any other Federal law
or program;
(5) contract for goods or services; and
(6) undertake to be a catalyst for other activities that--
(A) further the purposes of the Heritage Area; and
(B) are consistent with the management plan.
(c) Local Coordinating Entity Duties.--The local coordinating
entity shall--
(1) in accordance with section 4, prepare and submit a
management plan to the Secretary;
(2) assist units of Federal, State, and local government,
regional planning organizations, non-profit organizations, and
other interested parties in carrying out the approved
management plan by--
(A) carrying out programs and projects that
recognize, protect, and enhance important resource
values in the Heritage Area;
(B) establishing and maintaining interpretive
exhibits and programs in the Heritage Area;
(C) developing recreational and educational
opportunities in the Heritage Area; and
(D) increasing public awareness of, and
appreciation for, the natural, cultural, historical,
scenic, and recreational resources of the Heritage
Area;
(3) consider the interests of diverse units of government,
business, organizations, and individuals in the Heritage Area
in the preparation and implementation of the management plan;
(4) conduct meetings open the public at least semiannually
regarding the development and implementation of the management
plan;
(5) encourage, by appropriate means, economic viability
that is consistent with the Heritage Area;
(6) submit a report to the Secretary every five years after
the Secretary has approved the management plan, specifying--
(A) the expenses and income of the local
coordinating entity; and
(B) significant grants or contracts made by the
local coordinating entity to any other entity over the
5-year period that describes the activities, expenses,
and income of the local coordinating entity (including
grants from the local coordinating entity to any other
entity during the year that the report is made).
(7) Prohibition on acquisition of real property.--The local
coordinating entity may not acquire real property or interest
in real property through condemnation.
(d) Use of Federal Funds.--Nothing in this Act shall preclude the
local coordinating entity from using Federal funds available under
other laws for the purposes for which those funds were authorized.
SEC. 7. RELATIONSHIP TO OTHER FEDERAL AGENCIES.
(a) In General.--Nothing in this Act affects the authority of a
Federal agency to provide technical or financial assistance under any
other law.
(b) Consultation and Coordination.--Any Federal agency planning to
conduct activities that may have an impact on the Heritage Area is
encouraged to consult and coordinate the activities with the local
coordinating entity to the maximum extent practicable.
(c) Other Federal Agencies.--Nothing in this Act--
(1) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(2) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(3) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
SEC. 8. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.
Nothing in this Act--
(1) abridges the rights of any owner of public or private
property, including the right to refrain from participating in
any plan, project, program, or activity conducted within the
Heritage Area;
(2) requires any property owner--
(A) to allow public access (including access by
Federal, State, or local agencies) to the property of
the property owner; or
(B) to modify public access or use of property of
the property owner under any other Federal, State, or
local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory of any Federal, State,
tribal, or local agency;
(4) conveys any land use or other regulatory authority to
the local coordinating entity, including but not necessarily
limited to development and management of energy or water or
water-related infrastructure;
(5) authorizes or implies the reservation or appropriation
of water or water rights;
(6) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the Heritage Area;
(7) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property;
(8) affects current or future grazing permits, leases, or
allotment on Federal lands; or
(9) affects the construction, operation, maintenance or
expansion of current or future water projects, including water
storage, hydro-electric facilities, or delivery systems.
SEC. 9. EVALUATION AND REPORT.
(a) In General.--Not later than 15 years after the date of the
enactment of this Act, the Secretary shall--
(1) conduct an evaluation of the accomplishments of the
Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection (a)(1)
shall--
(1) assess the progress of the local coordinating entity
with respect to--
(A) accomplishing the purposes of the Heritage
Area; and
(B) achieving the goals and objectives of the
management plan;
(2) analyze the investments of Federal, State, tribal, and
local governments and private entities in the Heritage Area to
determine the impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the Heritage Area for purposes of
identifying the critical components for sustainability of the
Heritage Area.
(c) Report.--Based on the evaluation conducted under subsection
(a)(1), the Secretary shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report that includes
recommendations for the future role of the National Park Service with
respect to the Heritage Area. | Mountains to Sound Greenway National Heritage Act Establishes the Mountains to Sound Greenway National Heritage Area in the state of Washington. Directs the Department of the Interior to designate a willing local unit of government or a nonprofit organization to serve as the coordinating entity for the Heritage Area, which shall prepare and submit a management plan for it. | {"src": "billsum_train", "title": "Mountains to Sound Greenway National Heritage Act"} | 3,151 | 73 | 0.587435 | 1.435473 | 0.553725 | 4.15873 | 48.825397 | 0.920635 |
SECTION 1. ASIAN DEVELOPMENT FUND.
The Asian Development Bank Act (22 U.S.C. 285 et seq.) is amended
by adding at the end the following:
``SEC. 33. NINTH REPLENISHMENT.
``(a) Contribution Authorized.--The United States Governor of the
Bank is authorized to contribute $461,000,000 on behalf of the United
States to the ninth replenishment of the resources of the Fund, to the
extent such amounts are made available in advance through
appropriations Acts.
``(b) Authorization of Appropriations.--In order to pay for the
United States contribution under subsection (a), there are authorized
to be appropriated, without fiscal year limitation, $461,000,000 for
payment by the Secretary of the Treasury.
``SEC. 34. FIFTH CAPITAL INCREASE.
``(a) Subscription Authorized.--(1) The United States Governor of
the Bank may subscribe on behalf of the United States to 1,104,420
additional shares of the capital stock of the Bank.
``(2) Any subscription by the United States to the capital stock of
the Bank shall be effective only to such extent and in such amounts as
are made available in advance through appropriations Acts.
``(b) Limitations on Authorization of Appropriations.--(1) In order
to pay for the increase in the United States subscription to the Bank
under subsection (a), there are authorized to be appropriated, without
fiscal year limitation, $13,323,173,083 for payment by the Secretary of
the Treasury.
``(2) Of the amount authorized to be appropriated under paragraph
(1)--
``(A) $532,929,240 shall be for paid in shares of the Bank;
and
``(B) $12,790,243,843 shall be for callable shares of the
Bank.''.
SEC. 2. REPORT ON REFORMS.
(a) Findings.--Congress makes the following findings:
(1) At the Group of Twenty (G-20) Summit, which took place
in Pittsburgh in September 2009, G-20 leaders agreed that
additional capital resources for the multilateral development
banks must be joined to key institutional reforms to ensure
effectiveness.
(2) The Asian Development Bank agreed to undertake
institutional reforms as part of its negotiated agreement with
shareholders in order to receive an increase in capital
resources in the Fifth General Capital Increase (referred to in
this section as the ``GCIV'').
(b) Reporting Requirement.--
(1) Initial report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of the Treasury
shall submit a report to the Committee on Foreign Relations of
the Senate, the Committee on Appropriations of the Senate, the
Committee on Financial Services of the House of
Representatives, and the Committee on Appropriations of the
House of Representatives describing the extent to which the
Asian Development Bank successfully implemented--
(A) the Pittsburgh G-20 reforms agreed to for
future capital increases at the multilateral
development banks, as referred to in the Pittsburgh
Communique; and
(B) the reforms agreed to in the context of the
GCIV, as referred to in the report of the Board of
Directors entitled ``Review of Asian Development Bank's
Resource Position and Proposal for a Fifth General
Capital Increase'' and endorsed by Governors under
Resolution No. 336, consistent with the principles
reflected in the Leaders' Statement issued at the
Pittsburgh G-20 summit in September 2009.
(2) Second report.--Not later than 18 months after the date
of the enactment of this Act, the Secretary of the Treasury
shall submit an update of the report submitted under paragraph
(1) to the congressional committees set forth in paragraph (1).
SEC. 3. ENHANCING THE ENVIRONMENTAL AND SOCIAL EFFECTIVENESS OF
ASSISTANCE PROGRAMS IN THE MEKONG RIVER BASIN.
(a) Findings.--Congress makes the following findings:
(1) The Mekong River Basin--
(A) is home to the world's largest inland fishery;
(B) is one of the most productive regions of wet
rice cultivation;
(C) serves as a main and, in the near term,
irreplaceable source of animal protein and caloric
intake for more than 60,000,000 people; and
(D) faces increased vulnerability to the impacts of
global climate change, including sea-level rise,
saltwater intrusion, changes in rainfall patterns and
increased severity of extreme weather.
(2) Hydro power development, including dams built upstream,
is occurring in the Mekong River Basin without sufficient
regional and national strategic development plans for water
usage and food security.
(3) Individual projects require more robust assessments of
environmental, socioeconomic, and sociopolitical impacts,
including cumulative and transboundary impacts.
(4) Without appropriate study, planning, and coordination,
ongoing and future hydro power activities pose serious
environmental, social, and regional political consequences.
(5) The consequences referred to in paragraph (4)--
(A) will generate a food, livelihood, and human
security gap, especially for the most vulnerable
populations, which will be felt years before any
benefits from increased energy production; and
(B) may set back the region's hard-won peace and
stability.
(b) Coordination and Consideration of Environmental and Social
Impacts.--The Secretary of the Treasury shall instruct the United
States Executive Director of the Asian Development Bank--
(1) to advocate for the Asian Development Bank to encourage
best practices in the areas of climate change adaptation, flood
and drought management, hydro power impact assessments, water
resource management, aquatic and terrestrial systems
management, food security, and livelihood;
(2) to promote the incorporation of cooperative,
sustainable and equitable transboundary water management into
the activities of the Asian Development Bank;
(3) to encourage the Asian Development Bank to enhance its
coordination with other multilateral and bilateral assistance
programs in the Mekong River Basin to reduce risks to the
region's environment, economy, and food security, including
through financial and policy support to the Secretariat of the
4-country Mekong River Commission (MRC), which will transition
from international to regional leadership in 2011;
(4) to foster Asian Development Bank and bilateral donor
support to, and coordination with, the U.S. Lower Mekong
Initiative (LMI), particularly in the areas of the environment
and infrastructure development, which may include--
(A) technology transfers to monitor water flows and
water quality on a basin-wide and real-time basis;
(B) participatory scenario-building, interactive
workshops, and simulations involving government
officials, nongovernmental organizations, and research
organizations to build technical capacity; and
(C) the establishment of subregional centers of
excellence for education, training, and research on
environmental, energy, socioeconomic, and regional
cooperation related to national and transboundary water
management; and
(5) to support studies to assess--
(A) the interaction between climate change and
proposed water infrastructure projects on the Mekong
River and its major tributaries, especially hydropower,
water transfer, and irrigation projects;
(B) the impact of such projects on the Mekong
River's critical environmental services; and
(C) the viability of the Mekong Delta after
upstream water development and rising sea levels.
SEC. 4. CONFLICT SENSITIVITY.
(a) Findings.--Multilateral development bank activities in conflict
or post-conflict countries may inadvertently--
(1) fuel existing internal tensions and perceived
grievances; and
(2) further strain a borrowing country's social fabric.
(b) Declaration of Policy.--It is the policy of the United States
to advocate and support the creation and adoption of formal policies
and practices--
(1) that ensure conflict sensitivity in lending;
(2) that enhance development effectiveness by ensuring that
multilateral development banks pursue, to the maximum extent
practicable, opportunities for addressing causes and
consequences of the country's conflict; and
(3) that ensure that--
(A) benefits from projects are transparently and
appropriately distributed;
(B) potential tensions are mitigated through broad
consultations and appropriate redress mechanisms;
(C) project implementation is sufficiently
conflict-sensitive;
(D) conflict-generated needs are adequately
identified and addressed in projects; and
(E) opportunities to strengthen reconciliation and
awareness have been adequately identified.
(c) Promotion of United States Policy.--The Secretary of the
Treasury shall instruct the United States Executive Director of each
international financial institution to use the voice and vote of the
United States to promote the policies and practices described in
subsection (b).
SEC. 5. POWER GUIDELINES.
(a) Declaration of Policy.--It is the policy of the United States
to discourage multilateral development banks from providing financing
for coal-fired power plants unless--
(1) the multilateral development bank has provided, as
necessary, financing or technical assistance to develop the
institutional and technical capacity of the borrower country to
examine supply and demand side alternatives to new coal-fired
power plants, including the borrower's capacity to compare
alternatives based on a full-cost accounting of projects,
taking into account their social, health, and environmental
costs;
(2) the multilateral development bank has analyzed--
(A) the technical and economic feasibility of no-
carbon and low-carbon alternatives;
(B) the financial resources available for such
alternatives;
(C) the possible deployment of such resources in
selecting a no-carbon or low-carbon alternative; and
(D) the degree to which the project supports
efforts to provide electricity access to the poor;
(3) after completing the analysis described in paragraph
(2), the multilateral development bank has determined that a
viable alternative to the new coal-fired power plant does not
exist;
(4) the project uses best available technology (for the
size and duty cycle of the plant) for reducing greenhouse gas
emissions, except, for countries eligible for resources from
the International Development Association and not eligible for
loans from the International Bank for Reconstruction and
Development, if the project--
(A) addresses critical national security energy
needs that cannot otherwise be met;
(B) responds to national short-term emergencies; or
(C) overcomes substantial constraints on national
economic development when no viable alternatives exist;
and
(5) projects in countries eligible for resources from the
International Development Association and loans from the
International Bank for Reconstruction and Development or in
countries eligible only for loans from the International Bank
for Reconstruction and Development are accompanied by concrete,
well-developed plans, including financing options, to the
extent possible, that, in the aggregate, will offset the
greenhouse gas emissions from the coal-fired power plants once
the plans are fully implemented.
(b) Effect of Noncompliance.--If the relevant multilateral
development bank considering a coal-fired power generation project in a
country that is other than a country eligible for resources from the
International Development Association and not eligible for loans from
the International Bank for Reconstruction and Development has not met
the conditions described in paragraphs (1) through (5) of subsection
(a), the Secretary of the Treasury shall instruct the United States
Executive Director to that multilateral development bank to vote
against the extension by that institution of any loan or other
financial assistance for such coal-fired power generation project.
(c) Effect of Partial Compliance.--Notwithstanding subsection (b),
if the relevant multilateral development bank described in subsection
(b) has fully considered and met some, but not all, of the conditions
described in paragraphs (1) through (5) of subsection (a) and the
Secretary of the Treasury determines that substantial and significant
steps have been taken to address the remaining unmet conditions, the
Secretary of the Treasury shall instruct the United States Executive
Director to that multilateral development bank to vote against or
abstain from voting for the extension by that institution of any loan
or other financial assistance for such coal-fired power generation
project.
(d) Annual Report.--In each of the 4 years following the date of
the enactment of this Act, the Secretary of the Treasury shall submit a
report to the appropriate congressional committees that includes--
(1) a description and assessment of the coal-fired power
generation project approved at each multilateral development
bank in the previous 2 years, the financial assistance extended
by each multilateral development bank, and the level of
financing and implementation of plans described in subsection
(a)(5);
(2) a list of the voting positions taken by the United
States Executive Director for all relevant votes;
(3) a determination and analysis of the degree to which
each condition described in subsection (a) has been met; and
(4) if the United States Executive Director voted to
abstain on a loan or other financial assistance pursuant to
subsection (c)--
(A) a description of efforts undertaken by the
multilateral development bank or borrower to meet the
standards under subsection (a); and
(B) an assessment of additional reasonable efforts
that could have been undertaken, but did not take
place.
(e) 5-Year Report.--Not later than 5 years after the date of the
enactment of this Act, the Secretary of the Treasury shall submit a
report to the appropriate congressional committees that includes--
(1) an analysis of the impact of the policies set forth in
this section; and
(2) an analysis of the continued relevance of such policies
and recommended changes after taking into account the impact of
the polices and other changes in multilateral development bank
energy sector lending.
SEC. 6. ENERGY SUBSIDIES AND GLOBAL CLIMATE CHANGE.
(a) Findings.--Congress makes the following findings:
(1) Inefficient fossil fuel subsides--
(A) encourage wasteful consumption;
(B) distort markets;
(C) reduce the Nation's energy security;
(D) impede investment in advanced and cleaner
energy sources; and
(E) undermine efforts to deal with the threat of
climate change.
(2) According to the International Energy Agency, the costs
of fossil fuel consumption subsidies are approximately
$557,000,000,000 per year.
(3) The poorest countries are often--
(A) the most exposed to the impacts of climate
change; and
(B) the least able to protect their vulnerable
populations and communities.
(4) Multilateral development banks are in a position to
work with a range of stakeholders in developing countries,
including other donors--
(A) to pursue low-carbon growth opportunities; and
(B) to support efforts to boost climate change
resiliency that also support poverty alleviation.
(b) Declaration of Policy.--It is the policy of the United States--
(1) to promote the phasing out and rationalization of
inefficient fossil fuel subsidies;
(2) to encourage all nations to adopt policies that will
phase out such subsidies worldwide, while striving to alleviate
adverse impact on the poorest individuals;
(3) to provide public financial assistance to support the
deployment of sustainable clean energy in developing countries;
and
(4) to support efforts to increase the resiliency of
developing countries, populations, and communities most
vulnerable to the impacts of climate change.
(c) Promotion of United States Policy.--The Secretary of the
Treasury shall instruct the United States Executive Director of each
international financial institution to use the voice and vote of the
United States to promote the policy described in subsection (b) with a
focus on the poorest countries and countries that are most vulnerable
to the impacts of climate change. | Amends the Asian Development Bank Act to authorize the United States Governor of the Asian Development Bank to: (1) contribute on behalf of the United States to the ninth replenishment of the resources of the Asian Development Fund; and (2) subscribe on behalf of the United States to additional shares of the capital stock of the Bank.
Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to authorize the United States participation in, and appropriations for, the United States contribution to the ninth replenishment of the resources of the Asian Development Fund and the United States subscription to the fifth general capital increase of the Asian Development Bank."} | 3,283 | 71 | 0.604969 | 1.540833 | 0.897968 | 5.720588 | 46.558824 | 0.955882 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Economic Conversion Clearinghouse
Act''.
SEC. 2. OFFICE.
(a) Establishment.--There is established, within the Department of
Commerce, the Office of Economic Conversion Information (hereinafter
referred to as ``Office'').
(b) Purpose.--It is the purpose of the Office--
(1) to serve as a central information clearinghouse on
matters relating to economic adjustment and defense conversion
programs and activities of the Federal and State governments,
including political subdivisions of the States; and
(2) to help potential and actual applicants for economic
adjustment and defense conversion assistance under Federal,
State and local laws in locating and applying for such
assistance, including financial and technical assistance.
(c) Director.--The Office shall be headed by a Director. The
Secretary of Commerce shall appoint and fix the compensation of the
Director.
(d) Staff.--The Director may appoint such personnel as may be
necessary to enable the Office to perform its duties.
SEC. 3. FUNCTIONS.
(a) Information Databases.--
(1) Uses.--The Office shall develop information databases
for use by Federal departments and agencies, State and local
governmental agencies, public and private entities, and
individuals to assist such agencies, entities, and individuals
in the process of identifying and applying for assistance and
resources under economic adjustment and defense conversion
programs and activities of the Federal, State, and local
governments.
(2) Federal agencies and programs.--The databases
established pursuant to paragraph (1) shall include a
comprehensive compilation of all relevant information
concerning available economic adjustment and defense
conversion-related programs of the Federal Government. The
compilation shall identify the administering department,
office, or agency, which administers such programs, and key
contact people; and descriptions of the application process,
eligibility requirements and criteria, selection, and followup
procedures. Such compilation shall also include data as to the
expenditure of funds under such programs, projects supported by
such programs, and the types and amounts of funding available
for assistance under such programs.
(3) Range of programs.--The range of programs covered by
the database shall include: worker adjustment assistance for
private sector employees and Federal civilian and military
personnel; community adjustment assistance (planning and
implementation), including the so-called ``bricks and mortar''
programs, such as infrastructure rebuilding, and airport
improvement; technology development and deployment programs
administered through the Advanced Research Projects Agency,
Department of Defense, coordinated Technology Reinvestment
Project; other relevant technology research and development
programs administered by the Department of Commerce, National
Aeronautics and Space Administration, Department of Energy, the
Environmental Protection Agency, Department of Transportation,
and the National Institutes of Health and other technology
agencies; small business assistance (financial, technical,
marketing); defense facility environmental restoration;
available tax credits and incentives, relevant regulatory
information (environmental, occupational health and safety, and
intellectual property rights) affecting application procedures
and the implementation of federally supported projects
involving economic adjustment and defense conversion.
(4) Available assistance.--In developing such database, the
Office shall survey all Federal departments and agencies in
order to identify all relevant assistance and resources that
may be available to assist defense-dependent communities,
businesses, and workers in their adjustment and conversion
efforts, especially the Department of Defense, the Department
of Commerce, the Department of Labor, the Small Business
Administration, the Department of Housing and Urban
Development, the Department of Health and Human Services, the
Department of Education, the Department of Transportation, the
National Science Foundation, the National Aeronautics and Space
Administration, and the Environmental Protection Agency.
(5) Database of major state and local programs.--The Office
shall establish a database containing State and local
governmental economic adjustment and defense conversion
assistance programs. Such database shall include a current
listing of appropriate offices, officers, and contact personnel
connected with, or involved in, such programs.
(6) Defense cutback early warning database.--The Office,
working with the Secretary of Defense, shall establish and keep
current a database containing a listing of available defense
contracts, and information listing military bases and
installations expected to be closed, cut back, or realigned, or
which are in the process of being closed, cut back, or
realigned, including a current listing of States, communities,
industries, firms, and employment likely to be most adversely
affected as a result thereof.
(7) Database of conversion efforts and successes.--The
Office shall establish a database of listings and descriptions
of defense conversion efforts, their successes and failures, as
well as a current listing of ongoing conversion and assistance
efforts by communities, contractors, and small- and mid-sized
businesses, and labor organizations.
(8) Reference lists and bibliographies.--The Office shall
establish a database which shall include a listing of published
works (books, reports, articles, videos, and tapes) related to
all facets of defense economic adjustment and defense
conversion. Such listing shall further include manuals relating
to economic adjustment and defense conversion developed by the
National Governors Association, the National League of Cities,
public interest groups, labor unions, business associations,
and similar organizations, and a listing of contact
organizations and people for obtaining such references. The
Office shall also maintain in electronic form the full texts of
selected references and make such references available to the
public through online services.
(9) Alternative product bank for industries and firms.--The
Office shall establish a databank of potentially
commercializable technologies and products matched to the
capabilities of defense-dependent industries and firms. Such
databank shall include a short overview of market potential and
shall identify potential programs in Federal, State and local
governments that may be available to support technology
development, deployment, and commercialization in these
specific areas.
(b) Multiple Points of Public Access to Databases.--
(1) Easy access.--The Office shall establish several
mechanisms to assure easy access by the public and others to
such databases, and to assure that the databases be as
accessible, user-friendly, culturally neutral, and affordable
as possible. In addition, the Office shall conduct an extensive
outreach to States and communities, especially in the most
defense-dependent regions of the Nation, and to a wide range of
constituencies, including State and local government officials,
chambers of commerce, industrial organizations, labor unions,
and community organizations, to publicize the existence of
databanks and other assistance and services provided by this
Act, and how to acquire such assistance and services, and
access such databanks.
(2) 1-800-toll free number.--The Office shall establish a
toll free 1-800 number to provide a first point of entry into
the Office information database system. An individual calling
such number shall receive information on how to use the Office
databases, how to receive printed materials, and how to contact
appropriate people in other governmental agencies for
information about specific programs, and answer other requests
regarding services of the Office.
(3) Online electronic access through network.--Databases
established by the Office shall be easily accessible through
existing computer networks and publicly available computer
database access facilities, such as at repository libraries and
by direct call-in via modem, and shall be menu-driven and
highly user-friendly.
(4) Printed manuals and orientation materials.--The Office
shall develop and make available to the public and others a
printed manual, and other printed material, reviewing the major
Federal agencies and programs engaged in economic adjustment,
defense conversion, and technology investments. It shall also
serve as a guide to using the databases and services of the
Office, list State and local contacts and resources, and
include a bibliography of major reference materials.
(5) Orientation workshops.--The Office shall offer periodic
workshops (1-2 weeks long) available to selected
representatives from defense-dependent communities, businesses,
and occupational groups, to orient and train them in using the
Office and the services of the Office.
(6) Information specialists.--The Office shall maintain on-
call economic adjustment and conversion information specialists
to address special problems requiring person-to-person
assistance, as needed.
(c) Program Evaluation.--
(1) Review.--The Office shall conduct a regular review of
the various agencies and programs in the Federal system
involving economic adjustment and defense conversion. Such
review shall evaluate the procedures of these agencies and
programs, and the success of their activities. Such reviews
shall be based on periodic surveys of both Federal officials
and recipients of assistance pursuant to this Act. The Office
shall identify problems with the programs and barriers to
entry, for inclusion in the databases established pursuant to
this Act. Such review shall include recommendations for
improving such programs.
(2) Community roundtables.--The Office shall conduct, on an
annual basis, consultative meetings and briefings with defense-
impacted constituencies drawn from local and State governments,
business, labor, community and public interest organizations
and academic institutions. Such meetings and briefings shall be
held in all major defense-dependent regions of the United
States, both to introduce its programs and receive comments and
recommendations concerning its services and how to expand and
improve them.
SEC. 4. INTERAGENCY COORDINATING COMMITTEE.
(a) Establishment.--There is established the Interagency Economic
Conversion Information Coordinating Committee (referred to in this
section as the ``Committee'').
(b) Members.--The members of the Committee are as follows:
(1) Director of the Office, who shall serve as Chairperson
of the Committee.
(2) Director of the Economic Development Administration.
(3) Director of the Office of Economic Adjustment,
Department of Defense.
(4) One member appointed by the Secretary of Labor.
(5) Director of the Advanced Research Projects Agency,
Department of Defense.
(6) Director of the National Institute for Standards and
Technology.
(7) Director of the Small Business Administration.
(8) One member appointed by the Director of the National
Economic Council.
(c) Functions.--It shall be the function of the Committee--
(1) to advise and make recommendations to the Office in
carrying out the purposes of this Act;
(2) to coordinate and facilitate the information gathering
and monitoring activities of the Office among Federal
departments and agencies;
(3) to help the Office prepare and present information in a
manner that is publicly accessible, affordable, and user-
friendly; and
(4) to assist the Office in making technical assistance
personnel available as needed.
(d) Compensation of Members.--All members of the Committee shall
serve without compensation in addition to that received for their
services as officers or employees of the United States.
(e) Travel Expenses.--The members of the Committee shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Committee.
(f) Staff.--The Chairman of the Committee may request any Federal
department or agency to detail such employees to the Committee as may
be necessary to enable the Committee to perform its duties.
(g) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Committee without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
(h) Procurement of Temporary and Intermittent Services.--The
Chairman of the Committee may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
SEC. 5. AUTHORIZATION.
(a) Startup and Operating Expenses.--For fiscal year 1994, there
are authorized to be appropriated such amounts as may be necessary to
carry out the provisions of this Act.
(b) Operating Expenses.--For fiscal year 1995, and each fiscal year
thereafter, there are authorized to be appropriated such amounts as may
be necessary to carry out the provisions of this Act. | Economic Conversion Clearinghouse Act - Establishes within the Department of Commerce the Office of Economic Conversion Information to: (1) serve as a central information clearinghouse on matters relating to economic adjustment and defense conversion programs and activities of the Federal and State governments; and (2) aid persons in applying for economic adjustment and defense conversion assistance under Federal, State, and local laws. Outlines further Office functions, including: (1) the development of information data bases for use in identifying and applying for such assistance; (2) the establishment of mechanisms to assure easy access to such information data bases, as well as their user-friendliness (including establishing a toll-free number); and (3) the conduct of a regular review of the various agencies and programs in the Federal system involving economic adjustment and defense conversion.
Establishes the Interagency Economic Conversion Information Coordinating Committee to: (1) advise and make appropriate recommendations to the Office; (2) coordinate and facilitate the information gathering and monitoring activities of the Office among Federal departments and agencies; (3) aid the Office in preparing and presenting information in an accessible, user-friendly manner; and (4) assist the Office in making technical assistance personnel available as needed.
Authorizes appropriations. | {"src": "billsum_train", "title": "Economic Conversion Clearinghouse Act"} | 2,550 | 254 | 0.649252 | 1.986511 | 0.999979 | 3.849593 | 10.150407 | 0.930894 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``BRAC Cost Overruns Protection Act of
2007'' or the ``BRAC COP Act of 2007''.
SEC. 2. LIMITATION ON COST GROWTH ASSOCIATED WITH 2005 ROUND OF DEFENSE
BASE CLOSURE AND REALIGNMENT.
The Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended by
adding at the end the following new section:
``SEC. 2915. LIMITATION ON COST GROWTH APPLICABLE TO MAJOR CLOSURES AND
REALIGNMENTS UNDER 2005 ROUND.
``(a) Semiannual Report on Implementation Costs.--
``(1) In general.--Not later than October 7, 2007, and
every 180 days thereafter, the Secretary of Defense shall
submit to the congressional defense committees a report on the
costs of implementing the recommendations of the Commission
contained in the report transmitted to Congress on September
15, 2005, under section 2903(e) that relate to closures and
realignments that have not been fully implemented.
``(2) Estimates required.--Each report submitted under
paragraph (1) shall include, for each individual recommended
major base closure or realignment--
``(A) the baseline estimate of one-time
implementation costs; and
``(B) the current estimate of one-time
implementation costs, including any increase
attributable to actual or anticipated costs due to
inflation.
``(b) Special Procedures Required To Address Certain Cost
Increases.--
``(1) Notification requirement.--In the event that the
Secretary of Defense determines, based on a report prepared
under subsection (a), that the current estimate of one-time
implementation costs for an individual major base closure or
realignment is at least 25 percent greater than the baseline
estimate of one-time implementation costs for such closure or
realignment (in this section referred to as a `substantially
over budget major base closure or realignment'), the Secretary
shall promptly provide notification of such determination,
including the amount of the expected increase and the date the
determination was made, to the chairman and ranking member of
each of the congressional defense committees.
``(2) Business plan to control costs.--The Secretary of
Defense shall develop a business plan to reduce the costs of
any individual substantially over budget major base closure or
realignment to a level less than 25 percent greater than the
baseline estimate for such closure or realignment.
``(c) Implementation of Substantially Over Budget Major Base
Closures and Realignments.--
``(1) Recommendations.--Not later than 45 days after an
individual base closure or realignment is identified in a
report required under subsection (a) as a substantially over
budget major base closure or realignment, the Secretary of
Defense shall submit to the President a recommendation
regarding whether to continue implementation of such closure or
realignment.
``(2) Justification required.--In the event the Secretary
recommends that an individual substantially over budget major
base closure or realignment should continue to be implemented
despite the excessive cost overruns, the Secretary shall
include the justification for continuing such closure or
realignment.
``(3) Report to congress.--Not later than 30 days after
receiving a recommendation regarding whether to continue
implementation of an individual substantially over budget major
base closure or realignment under paragraph (1), the President
shall submit to Congress a report including the recommendation
of the President regarding the implementation of such closure
or realignment.
``(4) Congressional disapproval.--
``(A) In general.--The Secretary of Defense may not
continue or discontinue the implementation of an
individual substantially over budget major base closure
or realignment recommended by the President under
paragraph (3) if a joint resolution is enacted, in
accordance with the provisions of subsection (d),
disapproving such recommendation of the President
before the earlier of--
``(i) the end of the 45-day period
beginning on the date on which the President
submits to Congress a report under paragraph
(3) that includes a recommendation regarding
the implementation of an individual
substantially over budget major base closure or
realignment; or
``(ii) the adjournment of Congress sine die
for the session during which such report is
submitted.
``(B) Computation of period.--For purposes of
subparagraph (A) of this paragraph and paragraphs (1)
and (2) of subsection (d), the days on which either
House of Congress is not in session because of an
adjournment of more than three days to a day certain
shall be excluded in the computation of a period.
``(d) Congressional Consideration of Recommendation Regarding
Implementation of Substantially Over Budget Major Base Closures or
Realignment.--
``(1) Terms of the resolution.--For purposes of subsection
(c)(4), the term `joint resolution' means only a joint
resolution which is introduced within the 10-day period
beginning on the date on which the President submits to
Congress a report under subsection (c)(3) that includes a
recommendation regarding the implementation of a substantially
over budget major base closure or realignment, and--
``(A) which does not have a preamble;
``(B) the matter after the resolving clause of
which is as follows: `That Congress disapproves the
recommendation of the President on ______ with respect
to ______', the blank spaces being filled in with the
appropriate date and the name of a military
installation or other information that identifies the
individual closure or realignment, respectively; and
``(C) the title of which is as follows: `Joint
resolution disapproving the recommendation of the
President regarding implementation of a substantially
over budget major base closure or realignment.'.
``(2) Referral.--A resolution described in paragraph (1)
that is introduced in the House of Representatives shall be
referred to the Committee on Armed Services of the House of
Representatives. A resolution described in paragraph (1)
introduced in the Senate shall be referred to the Committee on
Armed Services of the Senate.
``(3) Discharge.--If the committee to which a resolution
described in paragraph (1) is referred has not reported such
resolution (or an identical resolution) by the end of the 20-
day period beginning on the date on which the President submits
to Congress a report under subsection (c)(3) that includes a
recommendation regarding the implementation of a substantially
over budget major base closure or realignment, such committee
shall be, at the end of such period, discharged from further
consideration of such resolution, and such resolution shall be
placed on the appropriate calendar of the House involved.
``(4) Consideration.--
``(A) In general.--On or after the third day after
the date on which the committee to which such a
resolution is referred has reported, or has been
discharged (under paragraph (3)) from further
consideration of, such a resolution, it is in order
(even though a previous motion to the same effect has
been disagreed to) for any Member of the respective
House to move to proceed to the consideration of the
resolution. A Member may make the motion only on the
day after the calendar day on which the Member
announces to the House concerned the Member's intention
to make the motion, except that, in the case of the
House of Representatives, the motion may be made
without such prior announcement if the motion is made
by direction of the committee to which the resolution
was referred. All points of order against the
resolution (and against consideration of the
resolution) are waived. The motion is highly privileged
in the House of Representatives and is privileged in
the Senate and is not debatable. The motion is not
subject to amendment, or to a motion to postpone, or to
a motion to proceed to the consideration of other
business. A motion to reconsider the vote by which the
motion is agreed to or disagreed to shall not be in
order. If a motion to proceed to the consideration of
the resolution is agreed to, the respective House shall
immediately proceed to consideration of the joint
resolution without intervening motion, order, or other
business, and the resolution shall remain the
unfinished business of the respective House until
disposed of.
``(B) Debate.--Debate on the resolution, and on all
debatable motions and appeals in connection therewith,
shall be limited to not more than 2 hours, which shall
be divided equally between those favoring and those
opposing the resolution. An amendment to the resolution
is not in order. A motion further to limit debate is in
order and not debatable. A motion to postpone, or a
motion to proceed to the consideration of other
business, or a motion to recommit the resolution is not
in order. A motion to reconsider the vote by which the
resolution is agreed to or disagreed to is not in
order.
``(C) Vote on final passage.--Immediately following
the conclusion of the debate on a resolution described
in paragraph (1) and a single quorum call at the
conclusion of the debate if requested in accordance
with the rules of the appropriate House, the vote on
final passage of the resolution shall occur.
``(D) Appeals.--Appeals from the decisions of the
Chair relating to the application of the rules of the
Senate or the House of Representatives, as the case may
be, to the procedure relating to a resolution described
in paragraph (1) shall be decided without debate.
``(5) Consideration by other house.--
``(A) Procedures.--If, before the passage by one
House of a resolution of that House described in
paragraph (1), that House receives from the other House
a resolution described in paragraph (1), then the
following procedures shall apply:
``(i) The resolution of the other House
shall not be referred to a committee and may
not be considered in the House receiving it
except in the case of final passage as provided
in clause (ii)(II).
``(ii) With respect to a resolution
described in paragraph (1) of the House
receiving the resolution--
``(I) the procedure in that House
shall be the same as if no resolution
had been received from the other House;
but
``(II) the vote on final passage
shall be on the resolution of the other
House.
``(B) Disposition.--Upon disposition of the
resolution received from the other House, it shall no
longer be in order to consider the resolution that
originated in the receiving House.
``(6) Rules of the senate and house.--This section is
enacted by Congress--
``(A) as an exercise of the rulemaking power of the
Senate and House of Representatives, respectively, and
as such it is deemed a part of the rules of each House,
respectively, but applicable only with respect to the
procedure to be followed in that House in the case of a
resolution described in paragraph (1), and it
supersedes other rules only to the extent that it is
inconsistent with such rules; and
``(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner, and to the same extent as in the
case of any other rule of that House.
``(e) Definitions.--In this Act:
``(1) Major base closure or realignment.--The term `major
base closure and realignment' means any base closure or
realignment that requires $150,000,000 or more in military
construction costs and an overall, one-time implementation cost
of $300,000,000 or more.
``(2) Baseline estimate of one-time implementation costs.--
The term `baseline estimate of one-time implementation costs'
means the applicable cost set forth in the Cost of Base
Realignment Actions (COBRA) report used and released by the
Secretary of Defense at the time the Secretary published in the
Federal Register and transmitted to the congressional defense
committees and the Commission the initial list of
recommendations for closure or realignment of military
installations under section 2914(a).''. | BRAC Cost Overruns Protection Act of 2007 or BRAC COP Act of 2007 - Amends the Defense Base Closure and Realignment Act of 1990 to direct the Secretary of Defense to report to the congressional defense committees on the costs of implementing recommendations of the Defense Base Closure and Realignment Commission that relate to military base closures and realignments that have not been fully implemented. Requires the Secretary to: (1) notify such committees if the Secretary determines that the current estimate of implementation costs for an individual major base closure or realignment is at least 25% greater than the baseline estimate for such closure or realignment; and (2) develop a business plan to reduce the costs of any individual substantially over-budget major base closure or realignment to a level less than 25% greater than its baseline estimate.
Directs the: (1) Secretary to submit to the President a recommendation regarding whether to continue implementation of a substantially over-budget major base closure or realignment; and (2) President to report to Congress regarding the implementation of such a closure or realignment.
Prohibits the Secretary from continuing or discontinuing the implementation of a substantially over-budget major closure or realignment recommended by the President if a joint resolution disapproving the President's recommendation is enacted. | {"src": "billsum_train", "title": "A bill to limit cost growth associated with major defense base closures and realignments implemented as part of the 2005 round of defense base closure and realignment."} | 2,678 | 283 | 0.727472 | 2.042173 | 0.861405 | 4.224576 | 10.669492 | 0.961864 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterinary Services Investment
Act''.
SEC. 2. VETERINARY SERVICES GRANT PROGRAM.
The National Agricultural Research, Extension, and Teaching Policy
Act of 1977 is amended by inserting after section 1415A (7 U.S.C.
3151a) the following:
``SEC. 1415B. VETERINARY SERVICES GRANT PROGRAM.
``(a) Definitions.--In this section:
``(1) Qualified entity.--The term `qualified entity'
means--
``(A) a for-profit or nonprofit entity located in
the United States that operates a veterinary clinic
providing veterinary services--
``(i) in a rural area, as defined in
section 343(a) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1991(a)); and
``(ii) in response to a veterinarian
shortage situation;
``(B) a State, national, allied, or regional
veterinary organization or specialty board recognized
by the American Veterinary Medical Association;
``(C) a college or school of veterinary medicine
accredited by the American Veterinary Medical
Association;
``(D) a university research foundation or
veterinary medical foundation;
``(E) a department of veterinary science or
department of comparative medicine accredited by the
Department of Education;
``(F) a State agricultural experiment station; and
``(G) a State, local, or tribal government agency.
``(2) Veterinarian shortage situation.--The term
`veterinarian shortage situation' means a veterinarian shortage
situation determined by the Secretary under section 1415A(b).
``(b) Establishment of Program.--
``(1) Competitive grants.--The Secretary shall carry out a
program to make competitive grants to qualified entities that
carry out programs or activities described in paragraph (2) for
the purpose of developing, implementing, and sustaining
veterinary services.
``(2) Eligibility requirements.--To be eligible to receive
a grant described paragraph (1), a qualified entity shall carry
out programs or activities that the Secretary determines will--
``(A) substantially relieve veterinarian shortage
situations;
``(B) support or facilitate private veterinary
practices engaged in public health activities; or
``(C) support or facilitate the practices of
veterinarians who are participating in or have
successfully completed a service requirement under
section 1415A(a)(2).
``(c) Award Processes and Preferences.--
``(1) Application, evaluation, and input processes.--In
administering the grant program under this section, the
Secretary shall--
``(A) use an appropriate application and evaluation
process, as determined by the Secretary; and
``(B) seek the input of interested persons.
``(2) Grant preferences.--In selecting recipients of grants
to be used for any of the purposes described in paragraphs (2)
through (6) of subsection (d), the Secretary shall give a
preference to qualified entities that provide documentation of
coordination with other qualified entities, with respect to any
such purpose.
``(3) Additional preferences.--In awarding grants under
this section, the Secretary may develop additional preferences
by taking into account the amount of funds available for grants
and the purposes for which the grant funds will be used.
``(4) Applicability of other provisions.--Sections 1413B,
1462(a), 1469(a)(3), 1469(c), and 1470 apply to the
administration of the grant program under this section.
``(d) Use of Grants To Relieve Veterinarian Shortage Situations and
Support Veterinary Services.--A qualified entity may use funds provided
by grants under this section to relieve veterinarian shortage
situations and support veterinary services for the following purposes:
``(1) To assist veterinarians with establishing or
expanding practices for the purpose of--
``(A) equipping veterinary offices;
``(B) sharing in the reasonable overhead costs of
the practices, as determined by the Secretary; or
``(C) establishing mobile veterinary facilities in
which a portion of the facilities will address
education or extension needs.
``(2) To promote recruitment (including for programs in
secondary schools), placement, and retention of veterinarians,
veterinary technicians, students of veterinary medicine, and
students of veterinary technology.
``(3) To allow veterinary students, veterinary interns,
externs, fellows, and residents, and veterinary technician
students to cover expenses (other than the types of expenses
described in 1415A(c)(5)) to attend training programs in food
safety or food animal medicine.
``(4) To establish or expand accredited veterinary
education programs (including faculty recruitment and
retention), veterinary residency and fellowship programs, or
veterinary internship and externship programs carried out in
coordination with accredited colleges of veterinary medicine.
``(5) To assess veterinarian shortage situations and the
preparation of applications submitted to the Secretary for
designation as a veterinarian shortage situation under section
1415A(b).
``(6) To provide continuing education and extension,
including veterinary telemedicine and other distance-based
education, for veterinarians, veterinary technicians, and other
health professionals needed to strengthen veterinary programs
and enhance food safety.
``(e) Special Requirements for Certain Grants.--
``(1) Terms of service requirements.--
``(A) In general.--Grants provided under this
section for the purpose specified in subsection (d)(1)
shall be subject to an agreement between the Secretary
and the grant recipient that includes a required term
of service for the recipient, as established by the
Secretary.
``(B) Considerations.--In establishing a term of
service under subparagraph (A), the Secretary shall
consider only--
``(i) the amount of the grant awarded; and
``(ii) the specific purpose of the grant.
``(2) Breach remedies.--
``(A) In general.--An agreement under paragraph (1)
shall provide remedies for any breach of the agreement
by the grant recipient, including repayment or partial
repayment of the grant funds, with interest.
``(B) Waiver.--The Secretary may grant a wavier of
the repayment obligation for breach of contract if the
Secretary determines that the grant recipient
demonstrates extreme hardship or extreme need.
``(C) Treatment of amounts recovered.--Funds
recovered under this paragraph shall--
``(i) be credited to the account available
to carry out this section; and
``(ii) remain available until expended.
``(f) Cost-Sharing Requirements.--
``(1) Recipient share.--Subject to paragraph (2), to be
eligible to receive a grant under this section, a qualified
entity shall provide matching non-Federal funds, either in cash
or in-kind support, in an amount equal to not less than 25
percent of the Federal funds provided by the grant.
``(2) Waiver.--The Secretary may establish, by regulation,
conditions under which the cost-sharing requirements of
paragraph (1) may be reduced or waived.
``(g) Prohibition on Use of Grant Funds for Construction.--Funds
made available for grants under this section may not be used--
``(1) to construct a new building or facility; or
``(2) to acquire, expand, remodel, or alter an existing
building or facility, including site grading and improvement
and architect fees.
``(h) Regulations.--Not later than 1 year after the date of
enactment of this section, the Secretary shall promulgate regulations
to carry out this section.
``(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $10,000,000 for
fiscal year 2012 and each fiscal year thereafter, to remain available
until expended.''. | Veterinarian Services Investment Act - Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to direct the Secretary of Agriculture (USDA) to carry out a matching grant program with qualified entities to develop, implement, and sustain veterinary services.
Requires a qualifying entity to carry out programs that: (1) relieve veterinarian shortage situations, (2) support private veterinary practices engaged in public health activities, or (3) support practices of veterinarians who are participating in or have successfully completed a specified service requirement.
Makes such grants available for: (1) assistance for establishing or expanding veterinary practices or establishing mobile veterinary facilities; (2) veterinarian, technician, and student recruitment; (3) grants to attend training programs in food safety or food animal medicine; (4) grants to establish or expand accredited education, internship, residency, and fellowship programs; (5) grants to assess veterinarian shortage situations; and (6) grants for continuing education and extension, including veterinary telemedicine and other distance-based education. | {"src": "billsum_train", "title": "A bill to amend the National Agricultural Research, Extension and Teaching Policy Act of 1977 to establish a grant program to promote efforts to develop, implement, and sustain veterinary services, and for other purposes."} | 1,733 | 209 | 0.686103 | 1.826942 | 1.130505 | 3.223881 | 7.945274 | 0.945274 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Federal Courts
Jurisdiction Clarification Act of 2006''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Resident alien exception.
Sec. 3. Citizenship of corporations and insurance companies with
foreign contacts.
Sec. 4. Removal and remand procedures.
Sec. 5. Indexing the amount in controversy.
Sec. 6. Facilitating use of declarations to specify damages.
Sec. 7. Effective date.
SEC. 2. RESIDENT ALIEN EXCEPTION.
Section 1332(a) of title 28, United States Code, is amended--
(1) by striking the last sentence; and
(2) in paragraph (2), by inserting after ``foreign state''
the following: ``, except that the district courts shall not
have original jurisdiction of an action between a citizen of a
State and a citizen or subject of a foreign state admitted to
the United States for permanent residence and domiciled in the
same State''.
SEC. 3. CITIZENSHIP OF CORPORATIONS AND INSURANCE COMPANIES WITH
FOREIGN CONTACTS.
Section 1332(c)(1) of title 28, United States Code, is amended--
(1) by striking ``a corporation'' and all that follows
through ``, except'' and inserting ``a corporation shall be
deemed to be a citizen of every State and foreign state by
which it has been incorporated and of the State or foreign
state where it has its principal place of business, except'';
and
(2) by striking all that follows ``party-defendant,'' and
inserting ``such insurer shall be deemed a citizen of--
``(A) every State and foreign state of which the
insured is a citizen;
``(B) every State or foreign state by which the
insurer has been incorporated; and
``(C) the State or foreign state where the insurer
has its principal place of business; and''.
SEC. 4. REMOVAL AND REMAND PROCEDURES.
(a) Actions Removable Generally.--Section 1441(c) of title 28,
United States Code, is amended to read as follows:
``(c)(1) If a civil action includes--
``(A) a claim arising under the Constitution, laws, or
treaties of the United States (within the meaning of section
1331), and
``(B) a claim not within the original or supplemental
jurisdiction of the district court or a claim that has been
made nonremovable by statute,
the entire action may be removed if the action would be
removable without the inclusion of the claim described in
subparagraph (B).
``(2) Upon removal of an action described in paragraph (1), the
district court shall sever from the action all claims described in
paragraph (1)(B) and shall remand the severed claims to the State court
from which the action was removed. Only defendants against whom a claim
described in paragraph (1)(A) has been asserted are required to join in
or consent to the removal under paragraph (1).''.
(b) Procedure for Removal of Civil Actions.--Section 1446 of title
28, United States Code, is amended as follows:
(1) The section heading is amended to read as follows:
``Sec. 1446. Procedure for removal of civil actions''.
(2) Subsection (a) is amended--
(A) by striking ``or criminal prosecution''; and
(B) by striking ``removal signed pursuant to Rule
11 of the Federal Rules of Civil Procedure and
containing'' and inserting ``removal. The notice of
removal shall be signed in the same manner and with the
same effect as a pleading, written motion, or other
paper in a civil action in a district court of the
United States, and shall contain''.
(3) Subsection (b) is amended--
(A) by inserting ``(1)'' after ``(b)'';
(B) by designating the second paragraph as
paragraph (3);
(C) by inserting after paragraph (1) (as designated
by subparagraph (A) of this paragraph) the following:
``(2) When a civil action is removed solely under section 1441(a),
all defendants who have been properly joined and served must join in or
consent to the removal of the action. A defendant shall have 30 days
after receipt by or service on that defendant of the initial pleading
or summons described in subsection (b)(1) to file the notice of
removal. During the 30-day period before a defendant files a notice of
removal--
``(A) any other defendant served before the beginning of
that 30-day period may consent to the removal by the later-
served defendant even though that earlier-served defendant did
not previously initiate or consent to removal; and
``(B) any defendant not yet served may join in or consent
to the removal.'';
(D) in paragraph (3) (as designated by subparagraph
(B) of this paragraph), by striking ``action.'' and
inserting ``action, unless equitable considerations
warrant removal. Such equitable considerations include
whether the plaintiff has engaged in manipulative
behavior, whether the defendant has acted diligently in
seeking to remove the action, and whether the case has
progressed in State court to a point where removal
would be disruptive.''; and
(E) by adding at the end the following:
``(4) If removal of a civil action is sought on the basis of the
jurisdiction conferred by section 1332(a), the sum demanded in good
faith in the initial pleading shall be deemed to be the amount in
controversy, except that--
``(A) the notice of removal may assert the amount in
controversy if the initial pleading seeks--
``(i) non-monetary relief; or
``(ii) a money judgment, but the State practice
either does not permit demand for a specific sum or
permits recovery of damages in excess of the amount
demanded; and
``(B) removal of the action is proper on the basis of an
amount in controversy asserted under subparagraph (A) if the
district court finds, by the preponderance of the evidence,
that the amount in controversy exceeds the amount specified in
section 1332(a).
``(5)(A) In a case to which paragraph (3) applies that is not
removable solely because the amount in controversy does not exceed the
amount specified in section 1332(a), information relating to the amount
in controversy in the record of the State proceeding, or in responses
to discovery, shall be treated as an `other paper' under paragraph (3).
If the defendant first receives such a paper, through service or
otherwise, within 1 year after the commencement of the action and
during the trial or within 30 days before the date set for trial,
removal may be had only upon a finding that the plaintiff deliberately
failed to disclose the actual amount in controversy in order to prevent
removal.
``(B) If a finding is made under subparagraph (A) that the
plaintiff deliberately failed to disclose the actual amount in
controversy in order to prevent removal, and the notice of removal is
filed more than 1 year after commencement of the action, that finding
shall be deemed to be `equitable considerations' under paragraph (3)
that warrant removal.''.
(4) Section 1446 is further amended--
(A) by striking subsections (c) and (e); and
(B) by redesignating subsections (d) and (f) as
subsections (c) and (d), respectively.
(c) Procedure for Removal of Criminal Actions.--Chapter 89 of title
28, United States Code, is amended by inserting after section 1446 the
following new section:
``Sec. 1446a. Procedure for removal of criminal actions
``(a) Notice of Removal.--A defendant or defendants desiring to
remove any criminal prosecution from a State court shall file in the
district court of the United States for the district and division
within which such prosecution is pending a notice of removal. The
notice of removal shall be signed in the same manner and to the same
effect as a pleading, written motion, or other paper in a criminal
prosecution in a district court of the United States and contain a
short and plain statement of the grounds for removal, together with a
copy of all process, pleadings, and orders served upon such defendant
or defendants in such action.
``(b) Requirements.--(1) A notice of removal of a criminal
prosecution shall be filed not later than thirty days after the
arraignment in the State court, or at any time before trial, whichever
is earlier, except that for good cause shown the United States district
court may enter an order granting the defendant or defendants leave to
file the notice at a later time.
``(2) A notice of removal of a criminal prosecution shall include
all grounds for such removal. A failure to state grounds which exist at
the time of the filing of the notice shall constitute a waiver of such
grounds, and a second notice may be filed only on grounds not existing
at the time of the original notice. For good cause shown, the United
States district court may grant relief from the limitations of this
paragraph.
``(3) The filing of a notice of removal of a criminal prosecution
shall not prevent the State court in which such prosecution is pending
from proceeding further, except that a judgment of conviction shall not
be entered unless the prosecution is first remanded.
``(4) The United States district court in which such notice is
filed shall examine the notice promptly. If it clearly appears on the
face of the notice and any exhibits annexed thereto that removal should
not be permitted, the court shall make an order for summary remand.
``(5) If the United States district court does not order the
summary remand of such prosecution, it shall order an evidentiary
hearing to be held promptly and after such hearing shall make such
disposition of the prosecution as justice shall require. If the United
States district court determines that removal shall be permitted, it
shall so notify the State court in which prosecution is pending, which
shall proceed no further.
``(c) Writ of Habeas Corpus.--If the defendant or defendants are in
actual custody on process issued by the State court, the district court
shall issue its writ of habeas corpus, and the marshal shall thereupon
take such defendant or defendants into custody and deliver a copy of
the writ to the clerk of such State court.''.
(d) Conforming Amendments.--The table of sections for chapter 89 of
title 28, United States Code, is amended--
(1) in the item relating to section 1446, by inserting ``of
civil actions'' after ``removal''; and
(2) by inserting after the item relating to section 1446
the following new item:
``1446a. Procedure for removal of criminal actions.''.
SEC. 5. INDEXING THE AMOUNT IN CONTROVERSY.
(a) In General.--Section 1332 of title 28, United States Code, is
amended by adding at the end the following new subsection:
``(f)(1) Effective on January 1, 2011, and January 1 of each fifth
year thereafter, the dollar amount then in effect as the minimum amount
in controversy applicable under subsection (a) shall be adjusted by an
amount, rounded to the nearest $5,000 (or, if midway between multiples
of $5,000, to the next higher multiple of $5,000), equal to the
percentage of the dollar amount which corresponds to the change in the
Consumer Price Index for the month of September of the appropriate
year, over the Consumer Price Index for the month of September of the
fifth year preceding the appropriate year.
``(2) The Director of the Administrative Office of the United
States Courts shall determine the amount of each adjustment under
paragraph (1) and, not later than November 15 of the appropriate year,
shall submit for publication in the Federal Register the amount (and
the percentage change in the Consumer Price Index that is the basis for
that amount), and the new minimum amount in controversy to take effect
on January 1 of the succeeding calendar year.
``(3) As used in this subsection--
``(A) the `appropriate year' is the year preceding the year
in which the adjustment under paragraph (1) is to take effect;
and
``(B) the term `Consumer Price Index' means the Consumer
Price Index for All Urban Consumers published by the Department
of Labor.''.
(b) Conforming Amendment.--Section 1332(a) of title 28, United
States Code, is amended by inserting ``as adjusted under subsection
(f),'' after ``$75,000,''.
SEC. 6. FACILITATING USE OF DECLARATIONS TO SPECIFY DAMAGES.
(a) Removal Generally.--Section 1441(a) of title 28, United States
Code, is amended by adding at the end the following new sentence: ``If
the plaintiff has filed a declaration in State court, as part of or in
addition to the initial pleading, providing that the plaintiff will
neither seek nor accept an award of damages or entry of other relief
exceeding the amount specified in section 1332(a), the case may not be
removed on the basis of the jurisdiction under section 1332(a) as long
as the plaintiff abides by the declaration and the declaration is
binding under the laws and practice of the State. If the plaintiff has
filed such a declaration in State court but thereafter fails to abide
by that declaration, the defendant or defendants may file a notice of
removal within 30 days after receiving, through service or otherwise, a
copy of an amended pleading, motion, order or other paper from which it
may first be ascertained that the plaintiff seeks or is willing to
accept an award of damages or other relief exceeding the amount
specified in section 1332(a).''.
(b) Procedure After Removal.--Section 1447 of title 28, United
States Code, is amended by adding at the end the following new
subsection:
``(f) Within 30 days after the filing of a notice of removal of a
civil action in which the district court's removal jurisdiction rests
solely on original jurisdiction under section 1332(a), the plaintiff
may file a declaration with the district court providing that the
plaintiff will neither seek nor accept an award of damages or entry of
other relief exceeding the amount specified in section 1332(a) of this
title. Upon the filing of such a declaration, the district court shall
remand the action to State court unless equitable circumstances warrant
retaining the case.''.
SEC. 7. EFFECTIVE DATE.
(a) In General.--Subject to subsections (b) and (c), the amendments
made by this Act take effect on the date of enactment of this Act, and
apply to any action or prosecution commenced on or after such date of
enactment.
(b) Applicability of Change in Jurisdictional Amount.--Any change
in the amount in controversy under section 1332(a) of title 28, United
States Code, that is made pursuant to the amendments made by section 5
shall apply to any action or prosecution commenced on or after the date
such change becomes effective.
(c) Treatment of Cases Removed to Federal Court.--For purposes of
subsections (a) and (b ), an action or prosecution commenced in State
court and removed to Federal court shall be deemed to commence on the
date the action or prosecution was commenced in State court. | Federal Courts Jurisdiction Clarification Act of 2006 - Amends the federal judicial code with respect to jurisdictional rules and the amount in controversy in civil litigation concerning: (1) denial of district court original jurisdiction of an action between a citizen of a state and a resident alien domiciled in the same state; (2) citizenship rules for corporations and insurance companies with foreign contacts; (4) removal procedures for civil and criminal actions and summary remand; (5) indexing of the amount in controversy; and (6) the use of declarations to specify damages. | {"src": "billsum_train", "title": "To amend title 28, United States Code, to clarify the jurisdiction of the Federal courts, and for other purposes."} | 3,476 | 119 | 0.561074 | 1.572251 | 0.639544 | 3.301887 | 30.735849 | 0.943396 |
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